§ 37A-2-110v2 — Mixed beverage license.

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, or if the holder of a mixed beverage license is an Entertainment District Tenant Party as defined in Section 2393 of Title 68 of the Oklahoma Statutes. 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. Sales and service of mixed beverages by holders of mixed beverage licenses of an Entertainment District Tenant Party shall be limited to the premises of an Entertainment District. For purposes of this subsection, premises may be defined as the designated area of an Entertainment District as defined in Section 2393 of Title 68 of the Oklahoma Statutes. D. 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 Alcoholic Beverage Laws Enforcement (ABLE) Commission. E. 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. F. 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 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.

Legislative History

Added by Laws 2016, c. 366, § 22, eff. Oct. 1, 2018. Amended by Laws 2017, c. 381, § 6, eff. Oct. 1, 2018; Laws 2019, c. 424, § 1, eff. Nov. 1, 2019; Laws 2021, c. 462, § 2, emerg. eff. May 10, 2021; Laws 2022, c. 140, § 1, emerg. eff. April 29, 2022; Laws 2024, c. 417, § 1, eff. Nov. 1, 2024. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.