ALCOHOLIC BEVERAGES

2022 Okla. Sess. Law Serv. Ch. 140 (S.B. 1749) (WEST)

2022 Okla. Sess. Law Serv. Ch. 140 (S.B. 1749) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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stricken material by Text .
CHAPTER 140
S.B. No. 1749
ALCOHOLIC BEVERAGES
An Act relating to alcoholic beverages; amending 37A O.S. 2021, Sections 2–110, as amended by Section 2, Chapter 462, O.S.L. 2021, and 2–128, which relate to mixed beverage license and on-premises beer and wine license; allowing for the sale of beer in sealed original packages by licensed golf course or country club; providing exception from unlawful inducement under Oklahoma Alcoholic Beverage Control Act; allowing for removal of sealed original packages for off-premises use; and declaring an emergency.
SUBJECT: Alcoholic beverages
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 37A § 2–110 >>
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2–110, as amended by Section 2, Chapter 462, O.S.L. 2021, is amended to read as follows:
Section 2–110. A. A mixed beverage license shall authorize the holder thereof:
1. To purchase alcohol, spirits, beer and/or wine in retail containers from the holder of a wine and spirits wholesaler and beer distributor license as specifically provided by law;
2. To sell, offer for sale and possess mixed beverages for on-premises consumption only, provided:
a. the holder of a mixed beverage license issued for an establishment which is also a restaurant may purchase wine directly from a winemaker and beer directly from a small brewer who is permitted and has elected to self-distribute as provided in Article XXVIII–A of the Oklahoma Constitution, and
b. the holder of a mixed beverage license that is also a holder of a retail wine license or retail beer license or both a retail wine license and retail beer license shall not be prohibited from the on-premises sale of wine or beer, according to the license held, for off-premises consumption, subject to the limitations of the retail wine license or retail beer license; and
3. To sell spirits in their original packages for consumption on its premises under the following conditions:
a. spirits in their original packages shall remain and be consumed in the club suite of a mixed beverage licensee and may not be removed from the club suite if not consumed in their entirety at or before the conclusion of the period for which the club suite was made available to a specific patron or patrons by the mixed beverage licensee, and
b. spirits in their original packages to be consumed in the club suite are provided exclusively by the mixed beverage licensee.
B. Sales and service of mixed beverages by holders of mixed beverage licenses shall be limited to the licensed premises of the licensee unless the holder of the mixed beverage license also obtains a caterer license or a mixed beverage/caterer combination license. A mixed beverage license shall only be issued in counties of this state where the sale of alcoholic beverages by the individual drink for on-premises consumption has been authorized. A separate license shall be required for each place of business.
C. Holders of a mixed beverage license shall not be prohibited from obtaining and holding a retail beer license or retail wine license or both a retail beer license and retail wine license; provided, that each holder qualifies and maintains the qualifications for each license held as set forth in this title and the rules promulgated by the ABLE Commission.
D. Upon application, a mixed beverage license shall be issued for any place of business functioning as a motion picture theater, as defined by Section 1–103 of this title. Provided, that upon proof of legal age to consume alcohol, every patron being served alcoholic beverages shall be required to wear a wrist bracelet or receive a hand stamp identifying the patron as being of legal age to consume alcohol. This requirement shall only apply inside a motion picture theater auditorium where individuals under the legal age to consume alcohol are allowed.
E. Holders of a mixed beverage license with a licensed premises on a business establishment that meets the classification of a golf course or country club pursuant to the most recently adopted North American Industry Classification System (NAICS) may also sell beer in sealed original packages for on-premises consumption. Such holders' sales of more than two (2) sealed original packages to one person at one time for on-premises consumption shall not be considered an unlawful inducement to stimulate consumption of alcoholic beverages under the Oklahoma Alcoholic Beverage Control Act, and patrons may remove sealed original packages from the licensed premises.
<< OK ST T. 37A § 2–128 >>
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2–128, is amended to read as follows:
Section 2–128. A. An on-premises beer and wine license shall authorize the holder thereof:
1. To purchase beer and wine in retail containers from the holder of a wholesaler, beer distributor, small brewer self-distribution or brewpub self-distribution license or as specifically provided by law. The holder of an on-premises beer and wine license issued for an establishment which is also a restaurant may purchase wine from a winemaker who is permitted and has elected to self-distribute as provided in Article XXVIII–A of the Oklahoma Constitution; and
2. To sell, offer for sale and possess beer and wine for on-premises consumption only; provided, an on-premises beer and wine licensee may sell beer and wine for off-premises consumption if it meets the classification of a golf course, country club, or marina pursuant to the most recently adopted North American Industry Classification System (NAICS) subsection C of this section. The mixed beverage licensee shall be permitted to sell beer and wine for off-premises consumption during all days and hours in which a retail beer licensee or retail wine licensee is permitted to sell beer or wine. The gross receipts tax set forth in Section 5–105 of this title shall apply to all alcoholic beverages sold by the on-premises beer and wine licensee, whether those alcoholic beverages are intended for on- or off-premises consumption. The ABLE Commission shall promulgate rules for the implementation of a special off-premises permit consistent with this subsection. The on-premises beer and wine licensee shall secure the special off-premises permit prior to selling beer and wine for off-premises consumption.
B. Sales and service of beer and wine by holders of on-premises beer and wine licenses shall be limited to the licensed premises of the licensee unless the holder of the on-premises beer and wine license also obtains a caterer license. An on-premises beer and wine license shall only be issued in counties of this state where the sale of alcoholic beverages by the individual drink for on-premises consumption has been authorized. A separate license shall be required for each place of business. No spirits shall be stored, possessed or consumed on the licensed premises of an on-premises beer and wine license, unless the premises also has a mixed beverage license.
C. Holders of an on-premises beer and wine license with a licensed premises on a business establishment that meets the classification of a golf course or country club pursuant to the most recently adopted North American Industry Classification System (NAICS) may also sell beer in sealed original packages for on-premises consumption. Such holders' sales of more than two (2) sealed original packages to one person at one time for on-premises consumption shall not be considered an unlawful inducement to stimulate consumption of alcoholic beverages under the Oklahoma Alcoholic Beverage Control Act, and patrons may remove sealed original packages from the licensed premises.
SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved April 29, 2022.
End of Document