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§ 3-127. Bottle clubs--Membership cards--Alcoholic beverages--Nonalcoholic beverages--Violation...

Oklahoma Statutes AnnotatedTitle 37A. Alcoholic BeveragesEffective: October 1, 2018

Oklahoma Statutes Annotated
Title 37a. Alcoholic Beverages
Chapter 3. Statutory Regulation
Effective: October 1, 2018
37A Okl.St.Ann. § 3-127
§ 3-127. Bottle clubs--Membership cards--Alcoholic beverages--Nonalcoholic beverages--Violations--Penalties
A. No person shall be allowed to enter or remain in the designated bar or lounge area of a bottle club unless that person possesses a valid membership card for that club issued by the club. Membership cards issued by a bottle club shall be purchased by the club from the ABLE Commission at a cost of Three Dollars ($3.00) per temporary membership card and Twenty-five Dollars ($25.00) per annual membership card. A temporary membership card shall be valid for a period of seventy-two (72) consecutive hours from issuance to the member. The date of issuance of a temporary membership shall be clearly and prominently marked upon the card. When the card is issued to a member by the club, the club may require the member to reimburse the club for the cost of the card. No membership card shall be issued to any person under twenty-one (21) years of age. The ABLE Commission shall have the authority to promulgate rules concerning bottle club membership cards.
B. A bottle club license authorizes alcoholic beverages belonging to members of the club to be:
1. Stored, possessed and mixed on club premises; and
2. Served for on-premises consumption to members. Each member shall be served only from the member's individually owned bottle of alcoholic beverage which shall be marked with the owner's full name or code number. Such numbers shall be maintained on the club premises, available for inspection by employees of the ABLE Commission or by any peace officer.
Pool systems of storage and purchase of alcoholic beverages in a bottle club are specifically prohibited.
C. The sale, preparation or service of ice or nonalcoholic beverages that are sold, prepared or served for the purpose of being mixed with alcoholic beverages for consumption on the premises where such sale, preparation or service occurs shall be subject to the sales tax levied by the Oklahoma Sales Tax Code and to any municipal or county sales taxes.
D. Any bottle club licensee, or employee or agent of such a licensee who sells to a member any alcoholic beverage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of One Thousand Dollars ($1,000.00) and the club license shall be revoked for a period of thirty (30) days. Any bottle club licensee, or employee or agent of such a licensee who delivers or furnishes to a member any alcoholic beverage that does not belong to the member shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) and the club license shall be revoked for a period of thirty (30) days. Any bottle club licensee, or employee or agent of such a licensee who permits any person who is not a member to enter and remain in the designated bar or lounge area of the club premises shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of One Thousand Dollars ($1,000.00) and the bottle club license shall be suspended for a period of thirty (30) days. No bottle club licensee, or employee or agent of such a licensee shall serve alcoholic beverages to any person that does not possess a valid membership card for that club issued by the club.
E. Any bottle club licensed under the provisions of the Oklahoma Alcoholic Beverage Control Act shall pay the license fee provided by law and obtain a separate license for each separate place of business.
F. In counties of this state where retail sale of alcoholic beverages by the individual drink has not been authorized, no person shall serve alcoholic beverages by the individual drink for on-premises consumption or permit the consumption of alcoholic beverages except in a bottle club licensed pursuant to this section or in a private residence; provided, this shall not prohibit a winery from serving visitors on the licensed premises free samples of wine produced on the premises. No member of a bottle club shall serve alcoholic beverages lawfully prepared for the member in the designated bar or lounge area of a bottle club to any person who does not possess a valid membership card for the bottle club.

Credits

Laws 2016, c. 366, § 97, eff. Oct. 1, 2018.
37A Okl. St. Ann. § 3-127, OK ST T. 37A § 3-127
Current with legislation of the Second Regular Session of the 59th Legislature (2024) effective as of July 1, 2024. Some sections may be more current, see credits for details.
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