§ 37A-6-105 — Prohibited acts of mixed beverage, public event,

Oklahoma § 37A-6-105

• Jurisdiction: Oklahoma
• Title 37A: Alcoholic Beverages

Text

special event or on-premises beer and wine licensees. No mixed beverage, public event, special event or on-premises beer and wine licensee shall: 1. Purchase or receive any alcoholic beverage other than from a person holding a wine and spirits wholesaler or beer distributor license issued pursuant to the Oklahoma Alcoholic Beverage Control Act; provided, a mixed beverage or on-premises beer and wine licensee whose premises are a restaurant may purchase wine produced at wineries in this state directly from a winemaker as provided in Section 2 of Article XXVIII-A of the Oklahoma Constitution; 2. Transport alcoholic beverages from the place of purchase to the licensed premises unless the licensee also holds a private carrier license issued by the ABLE Commission; 3. Use or allow the use of any mark or label on a container of alcoholic beverage which is kept for sale which does not clearly and precisely indicate the nature of the contents or which might deceive or conceal the nature, composition, quantity, age or quality of such beverage; 4. Keep or knowingly permit any alcoholic beverage to be kept, brought, or consumed on the licensed premises which is not allowed to be sold or served upon such premises; provided, that the alcoholic beverage may be provided by a wine and spirits wholesaler, beer distributor, brewer, small brewer, distiller, winemaker, small farm winery, rectifier, manufacturer, or nonresident seller licensee and kept, brought, or consumed on the licensed premises for educational training tasting purposes pursuant to Section 6-109 of this title; or 5. Allow any person under twenty-one (21) years of age to enter into, remain within or loiter about the designated bar area of the licensed premises, except for persons who incidentally pass through the designated area. The prohibition in this subsection against persons under twenty- one (21) years of age entering or remaining within the designated bar area of the licensed premises shall not apply: a. if the licensed premises are closed to the public during a time the premises are legally permitted to be open for business and the premises are used for a private party at which alcoholic beverages may be served to persons twenty-one (21) years of age or older. Any alcoholic beverages served at a private party on the licensed premises may be purchased from the licensee at a negotiated price or purchased privately and served at the private party on the licensed premises. Any licensee who desires to conduct such a private party shall notify the ABLE Commission, in writing, at least ten (10) calendar days prior to the private party. The notification shall include the date, time and purpose of the private party and any other information the ABLE Commission may deem necessary, b. to a designated bar area which is a concession stand serving beer and wine, in addition to food and non- alcoholic beverages, which concession stand is located at, in, or on the premises of a sports, music or entertainment venue, convention center, fairgrounds or similar facility, or c. to an employee of a beer distributor or wine and spirits wholesaler who is at least eighteen (18) years of age and enters for the purpose of merchandising or delivering product to the licensee in the normal course of business.

Legislative History

Added by Laws 2016, c. 366, § 145, eff. Oct. 1, 2018. Amended by Laws 2017, c. 366, § 2, eff. Oct. 1, 2018; Laws 2022, c. 82, § 2, emerg. eff. April 25, 2022; Laws 2024, c. 90, § 4, emerg. eff. April 22, 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.