Title 37A - ALCOHOLIC BEVERAGE

Section 1-101 - Short title - Oklahoma Alcoholic Beverage Control Act
Section 1-102 - Policy and scope of act
Section 1-103 - [Effective Until 11/1/2024] Definitions
Section 1-103 - [Effective 11/1/2024] Definitions
Section 1-104 - Creation and purpose of ABLE Commission - Members - Interim licenses
Section 1-105 - [Effective Until 11/1/2024] Commission member qualifications - Organization
Section 1-105 - [Effective 11/1/2024] Commission member qualifications - Organization
Section 1-106 - Exercise of police power
Section 1-107 - Commission powers and duties
Section 1-108 - Commission Director - Powers and duties
Section 1-109 - Powers and authority of peace officers
Section 1-110 - Restrictions on Commission members and employees - Penalties
Section 1-111 - State officers and employees - Involvement in alcoholic beverage business - State lodges
Section 1-112 - Good standing with Oklahoma Tax Commission required
Section 2 - [Repealed]
Section 2-101 - Annual license fees - Administrative fees
Section 2-102.1 - Charitable Collaboration Brewer License
Section 2-102 - Brewer license - Small brewer license - Small brewer self-distribution license
Section 2-103 - Distiller license
Section 2-104 - Winemaker license
Section 2-105 - Winemaker self-distribution license
Section 2-106 - Rectifier license
Section 2-107 - Wine and spirits wholesaler license
Section 2-108 - Beer distributor license
Section 2-109 - Retail spirits license - Retail wine license - Retail beer license
Section 2-110 - [Effective Until 11/1/2024] [Multiple versions] Mixed beverage license
Section 2-110 - [Multiple versions] Mixed beverage license
Section 2-110 - [Effective 11/1/2024] [Multiple versions] Mixed beverage license
Section 2-111 - Bottle club license
Section 2-112 - Caterer license
Section 2-113 - Caterer license - Rules and restrictions
Section 2-114 - Special event license - Public event licenses
Section 2-115 - Special event licenses - Rules and restrictions
Section 2-116 - Hotel beverage license
Section 2-117 - Hotel beverage license - Rules and restrictions
Section 2-118 - Airline/railroad/commercial passenger vessel beverage license
Section 2-119 - [Repealed] Airline/railroad/commercial passenger vessel beverage license - Qualifying licensee
Section 2-120 - Wholesaler's agent license
Section 2-121 - Employee license
Section 2-122 - Industrial license
Section 2-123 - Carrier license
Section 2-124 - Private carrier license
Section 2-125 - Bonded warehouse license
Section 2-126 - Storage license
Section 2-127 - Sacramental wine supplier license
Section 2-128 - On-premises beer and wine license
Section 2-129 - Charitable auction or charitable alcoholic beverage event license
Section 2-130 - Mixed beverage/caterer combination license
Section 2-131 - Small farm winery license
Section 2-132 - Brewpub license - Brewpub self-distribution license
Section 2-133 - Licensees authorized to deliver, and bottle club or mixed beverage, beer and wine, caterer, public event, charitable event or special event licensees - Responsibility for violations
Section 2-134 - Additional hours license
Section 2-135 - Manufacturer's license - Nonresident seller license
Section 2-136 - Manufacturer's agent license
Section 2-137 - Restriction against additional licenses or permits outside of this Act
Section 2-138 - Mixed beverage, beer and wine, caterer, special event, public event or airline/railroad/commercial vessel licensees - Restrictions on purchasing alcoholic beverages
Section 2-139 - Bottle club, mixed beverage or beer and wine establishment - Minimum distance from schools or churches
Section 2-140 - Personal use permit
Section 2-141 - Applicants for certain licenses to publish a notice of intention to apply
Section 2-142 - Information to be furnished by license applicants
Section 2-143 - Information to be furnished by corporate applicants
Section 2-143.1 - Promulgation of rules for employee license payment plans
Section 2-144 - Information to be furnished by limited liability company applicants
Section 2-145 - Eligibility of persons pardoned for a felony
Section 2-146 - Grounds to deny wine and spirits wholesaler, beer distributor, retail spirits, retail wine or retail beer license
Section 2-147 - Grounds to deny mixed beverage, beer and wine, bottle club, public event, caterer, retail wine or retail beer license
Section 2-148 - Grounds to revoke or suspend licenses
Section 2-149 - Written notice of denial, suspension or revocation of licenses
Section 2-150 - Hearing for aggrieved person
Section 2-151 - Commission authority to conduct initial hearing
Section 2-152 - Appeal from order of Commission - District court appeal - Supreme Court appeal
Section 2-153 - Nature of licenses - Deceased, bankrupt or incompetent licensees - Application to transfer license
Section 2-154 - Display of license
Section 2-155 - Sale or transfer of financial interest in a licensed premises by mixed beverage or on-premises beer and wine licensees
Section 2-156 - Restrictions on licenses and ownership interest in package stores - Spousal interests - Package store sales
Section 2-157 - Winery self-distribution - Report to Commission on sales - Notice of exceeding production limit - Fines
Section 2-158 - Suspension of licenses by Governor in cases of natural disaster or civil disturbance
Section 2-159 - Complimentary beverage license
Section 2-160 - Satellite tasting room license
Section 2-161 - Curbside pickup and delivery
Section 2-162
Section 2-163 - [Effective 90 days after the end of the 2024 legislative session]
Section 2-164 - [Effective 11/1/2024]
Section 3 - [Repealed]
Section 3-101 - Personal use, possession and making of alcoholic beverages - Exemptions for dentists, physicians, drugstores, churches and military reservations - Restrictions on retail sales and shipping for out-of-state businesses
Section 3-102 - Commission authority to promulgate rules
Section 3-103 - Filing of rules by Commission - Notice of license applicants to be sent to municipalities or county commissioners, county sheriff, district attorney and chief of police
Section 3-104 - Beer kegs - Identification seals - Record keeping required for sales - Violations - Penalties
Section 3-105 - Wineries - Shipping to other states - Monthly report of shipments
Section 3-106 - Direct Wine Shipper's Permit - Requirements
Section 3-107 - Scope of statutory regulation for sales and distribution of designated brands of beer
Section 3-108 - Licensed distributor agreement required for licensed brewers or cider manufacturers - Rights to distribute low-point beer - Assignment to distribute beer brand - Brand extensions
Section 3-109 - Transportation of beer only by marked conveyance owned or leased by licensed distributor
Section 3-110 - Licensed beer distributor - Sales and distribution restrictions
Section 3-111 - Termination of distribution agreement - Requirements - Immediate termination - Transfer of brand to successor brewer
Section 3-112 - Operation and maintenance conditions for brew pubs
Section 3-113 - Small brewers - Sales to licensed distributors or retailers - Direct sales to consumers
Section 3-114 - Resale of beer restrictions for retailers - Violations - Penalties
Section 3-115 - Withdrawal of beer from retailer's stock
Section 3-116 - Sale of alcoholic beverages bottled or made in a foreign country to licensed wine and spirits wholesalers - Violations
Section 3-116.1 - Manufacturers without a designated wholesaler - Posting requirements
Section 3-116.2 - Designated wholesalers or beer distributors - Posting requirements
Section 3-116.3 - Wholesalers - Electronic publishing of price catalog
Section 3-116.4 - Top brand products - Offered to all wholesalers without discrimination
Section 3-117 - Sale of alcoholic beverages packaged with nonalcoholic promotional items
Section 3-118 - Retail sales of alcoholic beverages - Minimum price markup - Exceptions
Section 3-119 - Business interests and acts prohibited for manufacturer, wine and spirits wholesaler, beer distributor, person authorized to sell alcoholic beverages to a wholesaler and others
Section 3-120 - Business interests prohibited for beverage, beer and wine, caterer, public event or bottle club licensees
Section 3-121 - Business interests in mixed beverage, beer and wine, caterer, public event or bottle club prohibited for manufacturer, wine and spirits wholesaler, beer distributor and others
Section 3-122 - Business interests in interactive entertainment facilities
Section 3-123 - Sale of alcoholic beverages to wholesalers, beer distributors or retailers - Unlawful to discriminate in price - Violations
Section 3-124 - Voter approval at county special elections or a general election required for sale of alcoholic beverages on Sundays or by individual drink for on-premises consumption
Section 3-125 - Restrictions on time of sales of alcoholic beverages on-premises - Days which may be not authorized for sales of alcoholic beverages
Section 3-126 - Bottle clubs - Restrictions on hours to dispense, serve or consume alcoholic beverages
Section 3-127 - Bottle clubs - Membership cards - Alcoholic beverages - Nonalcoholic beverages - Violations - Penalties
Section 4 - [Repealed]
Section 4-101 - Municipal authority to enact ordinances
Section 4-102 - Mixed beverage, beer and wine, caterer, public event or bottle club licensee - Municipal or county proceeding to suspend or revoke license
Section 4-103 - Municipal zoning authority
Section 4-104 - Municipal occupational tax
Section 4-105 - County occupational tax
Section 4-106 - Enforcement of the Oklahoma Alcoholic Beverage Control Act
Section 4-110 - Fishing licenses
Section 5 - [Repealed]
Section 5-101 - Excise tax on alcoholic beverages
Section 5-102 - Intent of excise tax
Section 5-103 - Excise tax exemptions
Section 5-104 - Distribution of excise tax revenue
Section 5-105 - Total gross receipts tax for on-premises beer and wine, mixed beverage, caterer, public event or special event license
Section 5-106 - Gross receipt tax revenue - General Revenue Fund
Section 5-107 - Mixed beverage tax permit - Violations - Penalties
Section 5-108 - Promulgation of rules to implement reporting method of taxing - Payment of excise tax on beer
Section 5-109 - Credit or refund for money paid for stamps
Section 5-110 - Excise tax payments by brewers and beer distributors - Monthly itemized and verified report - Violations - Penalties
Section 5-111 - Wine and spirits wholesaler and other importers - Monthly itemized and verified report - Violations - Penalties
Section 5-112 - Distributor permit - Wholesaler permit - Permit applications
Section 5-113 - Furnishing of permits prior to selling or purchasing alcoholic beverages - Itemized and verified record of monthly sales or purchases
Section 5-114 - Unpaid taxes - Contraband - Violations - Penalties - Application of Uniform Tax Procedure Code
Section 5-115 - Power and authority of ABLE Commission or Oklahoma Tax Commission employees to enter and examine licensed premises
Section 5-116 - Hearing to determine whether taxes are unpaid - Order to confiscate and forfeit
Section 5-117 - Sale of forfeited alcoholic beverage
Section 5-118 - Possession of alcoholic beverage for which excise tax has not been paid - Misdemeanor - Suspension or revocation of license
Section 5-119 - Alcoholic beverages other than beer - Sealed cases required
Section 5-120 - Licensees required to keep books and records
Section 5-121 - Nonresident seller license - Monthly itemized and verified report of shipments and sales
Section 5-122 - Manufacturer and brewer subject to licensing - Monthly itemized and verified report
Section 5-123 - [Repealed]
Section 5-124 - Bond required for manufacturers, brewers, importers, brokers and others
Section 5-125 - Information required at time of sale, transit and delivery of alcoholic beverages - Violations - Penalties
Section 5-126 - Record keeping for all alcoholic beverages imported, purchased, received, manufactured, produced, sold, delivered or otherwise disposed of
Section 5-127 - County excise boards - Yearly revenue estimates
Section 5-128 - Alcoholic Beverage Control Fund - Alcoholic Beverage Governance Revolving Fund
Section 5-129 - Oklahoma Viticulture and Enology Center Development Revolving Fund
Section 5-130 - Authority to promulgate rules on labeling of alcoholic beverages
Section 5-131 - Alcoholic beverage not labeled in conformity with rules
Section 5-132 - Brand label required - Application for registration of brand label - Form - Fees
Section 5-132.1 - Charitable collaboration beer - Transfer of alcohol products between breweries without taxation
Section 5-133 - Refilling of containers prohibited - Infused drinks requirements
Section 5-134 - Mixed beverage, beer and wine, caterer, public event or special event license holders - Bond required for gross receipts tax liability
Section 5-135 - Monthly report required for mixed beverage tax permit holders and others - Calculation of gross receipts tax - Delinquent taxes - Monthly report required for licensed wholesalers - Audit authority
Section 5-136 - Tax discount for mixed beverage tax permit holders
Section 5-137 - Possession of alcoholic beverage containers not listed on an invoice - Contraband - Penalties
Section 5-138 - [Effective 11/1/2024]
Section 6 - [Repealed]
Section 6-101 - Prohibited acts - Violations - Penalties
Section 6-102 - Prohibited acts of licensees
Section 6-102.1 - Serving of tasting flights
Section 6-103 - Prohibited acts of retail spirits licensees
Section 6-104 - Prohibited acts of wholesaler licensees
Section 6-105 - Prohibited acts of mixed beverage, public event, special event or on-premises beer and wine licensees
Section 6-106 - Prohibited acts of bottle club licensees
Section 6-107 - Prohibited acts of special event or caterer licensees
Section 6-108 - Prohibited acts of holders of retail wine or retail beer licenses
Section 6-109 - Prohibited acts of mixed beverage, beer and wine, bottle club, caterer, charitable event, public event or special event licensees or employee, manager, operator or agent thereof
Section 6-110 - Prohibited acts on or about commercial premises where intoxicating beverages are dispensed or consumed
Section 6-111 - Authority to remove persons while making arrests
Section 6-112 - Damaging or destroying information required on original containers or cases - Misdemeanor
Section 6-113 - Unlawful to possess alcoholic beverages with intent to sell without procuring a license
Section 6-114 - Age restrictions for premises with a lounge or bar area for selling or distributing alcoholic beverages - Admission charge in determining purpose - Exceptions
Section 6-115 - Operation of whiskey still with intent to produce alcoholic beverages - Distiller business without distiller's license - Penalties
Section 6-116 - False or fraudulent return in connection with any tax imposed by Act - Penalties
Section 6-117 - Engaging in activities or performing transactions or acts without proper license - Penalties
Section 6-118 - Unlawful selling, delivering, possessing and buying alcoholic beverages - Penalties
Section 6-119 - Persons under 21 - Misrepresentation of age to induce persons to sell or serve alcoholic beverages - Entering or attempting to enter package store or bar area - Penalties - Substance abuse prevention program
Section 6-120 - Selling, furnishing or giving alcoholic beverages to persons under 21 - Penalties
Section 6-121 - Knowingly selling, furnishing or giving alcoholic beverages to insane, mentally deficient or intoxicated persons - Penalties
Section 6-122 - Payment of federal tax for liquor dealers prima facie evidence
Section 6-123 - Selling alcoholic beverages during unauthorized day or hours - Penalties
Section 6-124 - Permitting a person to be drunk or intoxicated on licensed premises - Penalties
Section 6-125 - Violations of Act with no specific penalty - Penalties
Section 6-126 - Arrest of license holders - Notice to ABLE Commission - Circumstances for immunity from prosecution
Section 6-127 - Purpose of issuing search warrants - Forfeiture
Section 6-128 - Order to show cause for witnesses before Commission - Penalties
Section 6-129 - Powdered alcohol - Unlawful use, purchase, sale or possession
Section 7-101 - Short title - Oklahoma Cocktails To Go Act of 2021
Section 7-102 - [Effective Until 11/1/2024] Definitions
Section 7-102 - [Effective 11/1/2024] Definitions
Section 7-103 - [Effective Until 11/1/2024] Requirements
Section 7-103 - [Effective 11/1/2024] Requirements
Section 7-104 - Third-party delivery services not permitted
Section 7-105 - Delivery or carry out not permitted in certain situations
Section 7-106 - Licensee responsibility for violations
Section 7-107 - Authorized licensees
Section 8-101