§ 37A-2-128 — On-premises beer and wine license.

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 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.

Legislative History

Added by Laws 2016, c. 366, § 40, eff. Oct. 1, 2018. Amended by Laws 2017, c. 366, § 1, eff. Oct. 1, 2018; Laws 2019, c. 35, § 2, emerg. eff. April 10, 2019; Laws 2022, c. 140, § 2, emerg. eff. April 29, 2022. 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.