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HB1381 • 2026

Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.

Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Moore
Last action
2026-05-14
Official status
Fourth Reading rescinded
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.

Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.

What This Bill Does

  • Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.
  • Bill Summaries/Fiscal Impact for HB 1381 (House): Introduced (2/3/2025) Bill Summaries/Fiscal Impact for HB 1381 (House): Proposed Committee Substitute (full committee) 1 (2/25/2025) Bill Summaries/Fiscal Impact for HB 1381 (House): Committee Substitute (3/7/2025) Bill Summaries/Fiscal Impact for HB 1381 (House): Senate Amendment to House Bill (5/4/2026) Bill Summaries/Fiscal Impact for HB 1381 (Senate): Committee Substitute (4/25/2025) Bill Summaries/Fiscal Impact for HB 1381 (Senate): Floor Amendment 1 (4/22/2026)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: Req.

  • Req.
  • No.
  • 2059 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR ENGROSSED HOUSE BILL NO.
  • 1381 By: Moore of the House and Daniels of the Senate COMMITTEE SUBSTITUTE An Act relating to alcoholic beverages; amending 37A O.S.

Plain English: Req.

  • Req.
  • No.
  • 3964 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) FLOOR SUBSTITUTE FOR ENGROSSED HOUSE BILL NO.
  • 1381 By: Moore of the House and Murdock and Daniels of the Senate FLOOR SUBSTITUTE An Act relating to alcoholic beverages; amending 37A O.S.

Plain English: HB1381 FULLPCS1 Eddy Dempsey-JL 2/14/2025 1:13:27 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Eddy Dempsey Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB1381 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.

  • HB1381 FULLPCS1 Eddy Dempsey-JL 2/14/2025 1:13:27 pm AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by: Eddy Dempsey Adopted: _____________________________ ______________________________________ Reading Clerk COMMITTEE AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER: CHAIR: I move to amend HB1381 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language: Req.
  • No.
  • 12609 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) PROPOSED OVERSIGHT COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
  • 1381 By: Dempsey PROPOSED OVERSIGHT COMMITTEE SUBSTITUTE An Act relating to alcoholic beverages; amending 37A O.S.

Bill History

  1. 2026-05-14 House

    Fourth Reading rescinded

  2. 2026-05-05 House

    SA's read, adopted

  3. 2026-05-05 House

    Fourth Reading, Measure failed: Ayes: 30 Nays: 58

  4. 2026-04-29 Senate

    General Order, Amended by Floor Substitute

  5. 2026-04-29 Senate

    Measure passed: Ayes: 38 Nays: 7

  6. 2026-04-29 Senate

    Referred for engrossment

  7. 2026-04-29 Senate

    Engrossed to House

  8. 2026-04-29 House

    SA's received

  9. 2026-04-15 Senate

    Remove as author Senator Daniels; authored by Senator Murdock

  10. 2026-04-15 Senate

    Coauthored by Senator Daniels

  11. 2025-04-29 Senate

    Placed on General Order

  12. 2025-04-24 Senate

    Reported Do Pass, amended by committee substitute Business and Insurance committee; CR filed

  13. 2025-04-16 Senate

    remove as principal author Representative Dempsey and substitute with Representative Moore

  14. 2025-04-01 Senate

    Second Reading referred to Business and Insurance

  15. 2025-03-17 House

    Engrossed, signed, to Senate

  16. 2025-03-17 Senate

    First Reading

  17. 2025-03-13 House

    General Order

  18. 2025-03-13 House

    Third Reading, Measure passed: Ayes: 85 Nays: 0

  19. 2025-03-13 House

    Referred for engrossment

  20. 2025-02-27 House

    CR; Do Pass, amended by committee substitute Health and Human Services Oversight Committee

  21. 2025-02-27 House

    Authored by Senator Daniels (principal Senate author)

  22. 2025-02-05 House

    Policy recommendation to the Health and Human Services Oversight committee; Do Pass Alcohol, Tobacco and Controlled Substances

  23. 2025-02-04 House

    Second Reading referred to Health and Human Services Oversight

  24. 2025-02-04 House

    Referred to Alcohol, Tobacco and Controlled Substances

  25. 2025-02-03 House

    First Reading

  26. 2025-02-03 House

    Authored by Representative Dempsey

Official Summary Text

Alcoholic beverages; mixed beverage license; complimentary tasting; wholesalers; effective date.
Bill Summaries/Fiscal Impact for HB 1381 (House): Introduced (2/3/2025)
Bill Summaries/Fiscal Impact for HB 1381 (House): Proposed Committee Substitute (full committee) 1 (2/25/2025)
Bill Summaries/Fiscal Impact for HB 1381 (House): Committee Substitute (3/7/2025)
Bill Summaries/Fiscal Impact for HB 1381 (House): Senate Amendment to House Bill (5/4/2026)
Bill Summaries/Fiscal Impact for HB 1381 (Senate): Committee Substitute (4/25/2025)
Bill Summaries/Fiscal Impact for HB 1381 (Senate): Floor Amendment 1 (4/22/2026)

Current Bill Text

Read the full stored bill text
ENGR. S. A. TO ENGR. H. B. NO. 1381 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1381 By: Dempsey of the House

and

Daniels of the Senate

An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 1-107, which relates to the powers
and duties of the Oklahoma Alcoholic Beverage Laws
Enforcement Commission; requiring an annual report be
made available to certain individuals; requiring
report be made available online; and providing an
effective date.

AUTHOR: Remove as principal House author Dempsey and substitute as
principal House author Moore

AUTHOR: Remove as principal Senate author Daniels and substitute as
principal Senate author Murdock. Retain Daniels as Senate
coauthor

AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert

“An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2-110, as last amended by Section
1, Chapter 417, O.S.L. 2024 (37A O.S. Supp. 2025,
Section 2-110), which relates to mixed beverage
license; allowing certain licensee to provide certain
complimentary tasting; establishing certain
requirements for certain complimentary tasting;
amending 37A O.S. 2021, Section 3-108, which relates
to licensed distributor agreement required for
licensed brewers or cider manufacturers; prohibiting
certain licensee from requiring certain distributor
to accept certain delivery; allowing certain licensed
distributor to refuse certain delivery; amending 37A

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O.S. 2021, Section 3-116, as amended by Section 1,
Chapter 238, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 3-116), which relates to sale of alcoholic
beverages made in foreign country; prohibiting
certain licensee from requiring certain wholesaler to
purchase certain goods as certain condition of
entitlement; prohibiting certain licensee from
requiring certain wholesaler to accept certain
delivery; allowing certain wholesaler to refuse
certain delivery; updating statutory language; and
providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-110, as
last amended by Section 1, Chapter 417, O.S.L. 2024 (37A O.S. Supp.
2025, Section 2-110), is amended to read as follows:
Section 2-110. A. A mixed beverage license shall authorize the
holder thereof to:
1. To purchase Purchase alcohol, spirits, beer and/or, 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 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

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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 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; and
4. Provide, free of charge for on-premises consumption only, no
more than one alcoholic beverage containing one and one-half (1 1/2)
ounces of spirits, six (6) ounces of wine, or twelve (12) ounces of

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beer per day for a complimentary tasting to a guest or customer who
is twenty-one (21) years of age or older.
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

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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.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 3-108, is
amended to read as follows:

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Section 3-108. A. The provisions of this section shall be in
effect except as otherwise provided in Article XXVIII-A of the
Oklahoma Constitution.
B. Subject to the provisions of subsection D of this section,
every licensed brewer or cider manufacturer authorized to sell its
such licensee’s beer or cider in this state shall:
1. Enter into a distributor agreement with a licensed
distributor, as defined herein, to sell the designated brands,
including brand extensions, of the brewer or cider manufacturer.
The agreement shall designate the sales territory of that licensed
distributor and the designated brands to be sold by the licensed
distributor. All such distributor agreements shall specifically
authorize this sale of the designated brands by a licensed
distributor within that sales territory. All such distributor
agreements shall further provide that the licensed brewer or cider
manufacturer who desires to sell a brand extension of a low-point
beer in Oklahoma must this state shall assign the low-point beer
brand extension to the licensed distributor to whom the licensed
brewer or cider manufacturer granted the exclusive sales territory
to the low-point beer brand from which the brand extension resulted;
2. Sell its a brewer’s or cider manufacturer’s registered and
approved designated brands only to a licensed distributor with whom
that brewer or cider manufacturer has a distributor agreement

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designating the sales territory of the licensed distributor and the
designated brands to be sold by the licensed distributor;
3. Authorize only one licensed distributor for each designated
sales territory. Such licensed distributor shall be the only
licensed distributor for the designated brands of the authorizing
brewer or cider manufacturer within that designated sales territory;
and
4. Designate who is responsible for the distribution of its a
brewer’s or cider manufacturer’s designated brands.
C. Subject to the provisions of subsection D of this section,
any and all licensed distributors possessing the rights to
distribute a low-point beer brand in a specific territory prior to
the introduction of that low-point beer’s correlating beer brand
extension in that specific territory shall retain the right to
distribute the low-point beer from which the brand extension
resulted.
D. 1. No later than August 2, 2018, a brewer shall assign the
exclusive right to distribute a beer brand, including brand
extensions thereof of such beer brand, to the low-point beer
distributor who was, prior to October 1, 2018, assigned the
exclusive distribution rights to the low-point beer from which the
brand extension arose without charge or payment of compensation,
unless the low-point beer distributor is, on October 1, 2018, a
brewer of beer or low-point beer and has therefore been distributing

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low-point beer pursuant to a license to so distribute, subject to
the provisions of subsection E of this section. This subsection
shall not apply to a small brewer as defined in Section 1-103 of
this title.
2. With respect to brand extensions which that arise after
October 1, 2018, the brewer or cider manufacturer shall assign the
exclusive right to distribute the brand extension to the distributor
who has been assigned the exclusive distribution rights to the beer
or cider from which the brand extension arose, without charge or
payment of compensation.
3. With respect to a brand of beer or cider which was, prior to
April 15, 2017, distributed in this state only as strong beer or
cider pursuant to the Oklahoma Alcoholic Beverage Control Act then
in effect, if a low-point version of the brand is introduced after
April 15, 2017, no later than August 2, 2018, the brewer or cider
manufacturer shall assign the exclusive rights to distribute the
low-point version of the brand to the distributor who was,
immediately prior to the introduction of the low-point version of
the brand, assigned the exclusive distribution rights to the strong
version of the brand without charge or payment of compensation.
4. No later than August 2, 2018, with respect to dual strength
beer, the brewer thereof shall assign the exclusive right to
distribute the brands represented by the dual strength beer to
either the low-point beer distributor or the nonresident seller who

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had theretofore been assigned the exclusive distribution rights in
the territory to either version of the dual strength beer; provided,
however, whichever party is selected by the brewer must shall
compensate the party that was not selected by the brewer for the
loss of the distribution rights with respect to that particular
territory. Whichever party is selected shall obtain the requisite
distributor license and shall be subject to the provisions of the
Oklahoma Alcoholic Beverage Control Act.
5. Compensation for the purposes of this provision shall be the
fair market value of the party losing its distribution rights with
respect to the beer within that specific territory. Fair market
value shall be determined as set forth in Section 3-111 of this
title and shall take into account all aspects of brand valuation,
including, but not limited to:
a. the diminished value of the distribution of one
version of beer as a consequence of the subsequent
introduction of the other version,
b. the expected annual sales and earnings of the
distributor agreement,
c. the length of time the existing distributor held in
the distribution sales agreement, and
d. any other relevant items of value, such as goodwill
and going concern.

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E. If a brewer, whether directly or through an affiliate,
maintained one or more licenses to distribute low-point beer in this
state prior to October 1, 2018, then up to two of the brewer’s low-
point beer distribution licenses shall automatically convert to beer
distribution licenses on October 1, 2018, and such brewer shall be
permitted to continue to distribute beer in two territories within
which it currently distributes without the appointment of a
distributor for such period of time as determined by the Legislature
and consistent with the Oklahoma Constitution of the State of
Oklahoma; provided however, it such distributor shall not be
permitted to distribute beer outside of the territory unless it
enters into a distributor agreement with an independent licensed
distributor as provided for in paragraph 1 of subsection B of this
section. This section subsection shall not apply to small brewers
that have elected to self-distribute.
F. If, on October 1, 2018, a licensed distributor possesses
inventory of a brand that it is no longer authorized to distribute
within this state, such inventory shall be sold to a licensed
distributor authorized to distribute such brand, at a price not to
exceed the total of the actual purchase price of the selling
distributor plus the cost of inbound and outbound shipping to the
purchasing distributor. The provisions of this paragraph subsection
shall not apply to inventory purchased on or after September 15,
2018.

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G. No brewer or small brewer licensee shall require a licensed
distributor to accept delivery of any beer that such licensed
distributor did not order. A licensed distributor may refuse
delivery of any unordered product without penalty or retaliation.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 3-116, as
amended by Section 1, Chapter 238, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 3-116), is amended to read as follows:
Section 3-116. A. Any manufacturer or subsidiary of a
manufacturer who markets its products solely through a subsidiary or
subsidiaries, a distiller, rectifier, bottler, winemaker or importer
of alcoholic beverages, bottled or made in a foreign country, either
within or without this state, may sell such brands or kinds of
alcoholic beverages to every licensed wine and spirits wholesaler
who desires to purchase the same, on the same price basis and
without discrimination or inducements, and shall further be required
to sell such beverages only to those persons licensed as wine and
spirits wholesalers.
B. The provisions of subsection A of this section shall not
apply to a brewer except as otherwise stated herein provided for in
this section. In the event a brewer, who has entered into
territorial distribution agreements with beer distributors in this
state, markets wine and spirits products in this state either itself
or through a subsidiary or affiliate, then such brewer, subsidiary,
or affiliate may elect to designate beer distributors, with whom it

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has entered into territorial distribution agreements, as its
designated wholesalers for any wine and spirit products to be sold
by the brewer, subsidiary, or affiliate within the beer
distributors’ existing territories, provided such beer distributors
must shall also hold a wine and spirits wholesaler license. In such
event, the beer distributors shall be deemed designated wholesalers
for the territory with respect to the designated products.
Provided, in the event a beer distributor has not obtained a wine
and spirits license, has elected not to sell wine and spirits in its
respective territory or, in the brewer’s commercially reasonable
discretion, is not suitable to sell wine and spirits in its
respective territory, then the brewer, subsidiary, or affiliate may
extend the territory of an existing beer distributor, with whom it
has entered into a territorial distribution agreement and who holds
a wine and spirits wholesaler license, for the territory. For
purposes of this subsection only, the phrase “subsidiary or
affiliate” shall mean any entity that the brewer controls, is
controlled by, or is under common control with, during the time that
the wine and spirits brands are offered for sale in this state, and
“control” shall mean ownership of more than fifty percent (50%) of
the voting securities or assets of, or the ability to dictate the
material operations of, another entity. If the brewer, subsidiary,
or affiliate sells the wine and spirits brands to a manufacturer
other than one that would otherwise fall within the provisions of

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this subsection, then the rights provided in this subsection which
relate to the wine and spirits brands shall terminate. The rights
provided to beer distributors pursuant to Section 3-111 of this
title shall not be extended to apply to the wine or spirits brands
distributed pursuant to this subsection.
C. No manufacturer or nonresident seller shall require a wine
and spirits wholesaler to purchase any alcoholic beverages or any
goods, wares, or merchandise as a condition to the wine and spirits
wholesaler obtaining or being entitled to purchase any alcoholic
beverages. No licensed manufacturer or nonresident seller shall
require a wine and spirits wholesaler to accept delivery of any
alcoholic beverages that such wine and spirits wholesaler did not
order. A wine and spirits wholesaler may refuse delivery of any
unordered alcoholic beverages without penalty or retaliation.
Violation A violation of this section subsection shall be a
misdemeanor. Conviction hereunder of any such violation shall
automatically revoke the violator’s license.
D. In the event a manufacturer or nonresident seller has not
designated a designated wholesaler to sell its such manufacturer’s
or nonresident seller’s products in the state, the nondesignated
products shall be posted in accordance with the as following:
1. On the first business day of each month, the manufacturer
shall post with the ABLE Alcoholic Beverage Laws Enforcement (ABLE)
Commission the price of all wine and spirits it such manufacturer

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proposes to offer for sale to licensed wine and spirit wholesalers
in this state. All prices shall become effective on the first
business day of the following month and shall remain in effect and
unchanged for a period of not less than one (1) month. The posting
shall be submitted on a form approved by the ABLE Commission and
shall identify the brand, size, alcohol content, and price of each
item intended to be offered for sale. No change or modification of
the posted price shall be permitted except upon written permission
from the ABLE Commission based on good cause shown;
2. When a new item is registered, or an old item is
discontinued, or any change is made by a manufacturer or nonresident
seller as to price, age, proof, label, or type of bottle of any item
offered for sale in this state, such new item, discontinued item, or
change in price, age, proof, label, or type of bottle of any item
shall be listed separately on the cover page of the price schedule
and, in the case of prices changed, shall reflect both the old and
the new price of the item changed. All new items and changes as to
age, proof, label, or type of bottle in which any item is offered
for sale shall first be submitted in writing to the ABLE Commission
for approval under such requirements as it may deem proper.
Approval or disapproval of price changes shall not be required if
filed in conformity with the provisions of this subsection.
a. In addition to the foregoing requirements, the
manufacturer shall, at the same time, on regular forms

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provided by the ABLE Commission, re-register all items
of alcoholic beverage which beverages that the
manufacturer had registered and offered for sale in
this state during the previous price period.
b. A short form of price posting may be permitted by the
ABLE Commission for any price period in which no new
item is offered or old item discontinued, or change is
made in the price, age, proof, label, or type of
bottle of any item offered by any manufacturer. Such
short form shall contain only such statements as the
Director of the ABLE Commission may require or permit;
3. The brand name, size, proof, and type of alcoholic beverages
must shall be shown on each container sold in this state;
4. No brand of alcoholic beverage shall be listed on a price
list or posting in more than one place, or offered for sale by more
than one method, or at more than one price, except as provided
hereafter unless a manufacturer:
a. a manufacturer who has posted F.O.B. prices from a
foreign shipping point shall also list lists the same
item(s) items at an no more than one United States
F.O.B. point within the continental United States.
Only one United States F.O.B. point shall be
permitted, and

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b. a manufacturer may list lists on their price list or
posting posts an item of specific size that may be
packaged in more than one type or design of container,
provided that the containers being offered have been
approved by the ABLE Commission;
5. The manufacturer shall sell to the wine and spirits
wholesalers all items of wine and spirits at the current posted
price in effect on the date of the shipment as shown on the
manifest, bill of lading, or invoice;
6. A full and correct copy of each such price registration
shall be transmitted to wine and spirits wholesalers on the same day
such prices are filed with or mailed to the ABLE Commission. Proof
of such mailing or delivery shall be furnished to the ABLE
Commission by the manufacturer with the price registration or upon
request;
7. The sale of, or offer to sell, of any item of alcoholic
beverage by a manufacturer to a wine and spirits wholesaler at a
price not in compliance with the price posted with the ABLE
Commission may be deemed a violation; and
8. This subsection shall not apply to a manufacturer that has
designated a wine and spirits wholesaler to sell its product in the
state or a brewer who has appointed a beer distributor as a
designated wholesaler pursuant to subsection B of this section, with
respect to designated products.

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E. Every wine and spirits wholesaler is authorized:
1. To ship orders to retailers non-sequentially; and
2. To fill orders non-sequentially only on products that have
been designated as being in short supply.
As used in this subsection, “short supply” means those
individual brand labels of alcoholic beverages normally supplied by
the manufacturer or manufacturers that, for whatever reason, lack
sufficient supply to fully satisfy the demand of the Oklahoma retail
and/or or on-premises market.
F. Upon the manufacturer notifying the wholesalers of products
designated as short supply, the wholesaler shall also then notify
the ABLE Commission as soon as practical.
G. The ABLE Commission shall publish a list of every product
designated as short supply by the Director on its website every
thirty (30) days. After thirty (30) days, the wholesaler shall send
an updated notice to the ABLE Commission if the product or products
are in short supply. The ABLE Commission shall remove those
products if notification is not received. These activities shall
not constitute a violation of this title or any rule promulgated
under this title.
SECTION 4. This act shall become effective November 1, 2026.”

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Passed the Senate the 29th day of April, 2026.

Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________,
2026.

Presiding Officer of the House
of Representatives

ENGR. H. B. NO. 1381 Page 1
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ENGROSSED HOUSE
BILL NO. 1381 By: Dempsey of the House

and

Daniels of the Senate

An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 1-107, which relates to the powers
and duties of the Oklahoma Alcoholic Beverage Laws
Enforcement Commission; requiring an annual report be
made available to certain individuals; requiring
report be made available online; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. AMENDATORY 37A O.S. 2021, Section 1-107, is
amended to read as follows:
Section 1-107. A. The ABLE Commission shall have the following
powers and duties:
1. To supervise, inspect and regulate every phase of the
business of manufacturing, importing, exporting, transporting,
storing, selling, distributing and possessing for the purpose of
sale, all alcoholic beverages which shall be necessary and proper to
carry out the purposes of the Oklahoma Alcoholic Beverage Control
Act;

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2. To promulgate rules, in the manner herein provided, to carry
out the purposes of the Oklahoma Alcoholic Beverage Control Act;
3. To have the sole authority to issue any license provided for
in the Oklahoma Alcoholic Beverage Control Act and except as
provided in Sections 101 and 102 of this act 4-104 and 4-105 of this
title with respect to cities, towns and counties, and except as may
be provided under Title 68 of the Oklahoma Statutes with respect to
the Oklahoma Tax Commission, no other agency, instrumentality or
political subdivision of this state shall be authorized to issue any
license or permit allowing any licensee to engage in any activity
covered by the Oklahoma Alcoholic Beverage Control Act anywhere
within the State of Oklahoma;
4. To refuse to issue any license provided for in the Oklahoma
Alcoholic Beverage Control Act for cause provided for in the
Oklahoma Alcoholic Beverage Control Act;
5. To revoke or suspend, for cause after hearing, any license
issued under the authority of the Oklahoma Alcoholic Beverage
Control Act;
6. To prescribe the forms of all reports which it deems
necessary in administering the Oklahoma Alcoholic Beverage Control
Act;
7. To fix standards not in conflict with those prescribed by
any law of this state or of the United States, to secure the use of

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proper ingredients and methods of manufacture and dispensing of
alcoholic beverages;
8. To make seizures of alcoholic beverages manufactured, sold,
possessed, imported or transported in violation of the Oklahoma
Alcoholic Beverage Control Act, and apply for the confiscation
thereof whenever required by the Oklahoma Alcoholic Beverage Control
Act, and cooperate in the prosecution of offenders before any court
of competent jurisdiction;
9. To submit to the Governor and members of the State
Legislature annual or semiannual reports upon request of the
Governor;
10. To prepare an annual report by February 28 of each year
listing the number of licenses revoked or suspended and the basis
for the action, including all complaints submitted to the ABLE
Commission with the complainant's name and organization. The report
shall also include the number of tickets written, the total amount
of the tickets, and the total amount penalized. The report shall be
delivered to the Governor, Speaker of the Oklahoma House of
Representatives and President Pro Tempore of the Oklahoma State
Senate, and made public on the ABLE Commission website;
11. To inspect or cause to be inspected any premises where
alcoholic beverages are manufactured, stored, distributed, sold,
dispensed or served;

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11. 12. In the conduct of any hearing authorized to be held by
the ABLE Commission:
a. to examine or cause to be examined, under oath, any
person,
b. to examine or cause to be examined books and records
of any licensee,
c. to hear testimony and take proof material for the ABLE
Commission's information and the discharge of its
duties hereunder,
d. to administer or cause to be administered oaths, and
e. to issue subpoenas for the attendance of witnesses and
the production of books or records which shall be
effective in any part of the state. Any district
court or any judge thereof, either in term or
vacation, may by order duly entered require the
attendance of witnesses and the production of relevant
books or records subpoenaed by the ABLE Commission,
and the court or judge may compel obedience to the
order by proceedings for contempt;
12. 13. To prescribe the kind and size of retail containers of
alcoholic beverages which may be purchased, possessed and sold by a
licensee;
13. 14. To prescribe by rule, in addition to those herein
required, the kinds of records to be kept and reports to be rendered

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by licensees, and the information to be shown therein; provided,
that the period for which all such records and reports be retained
shall not be less than five (5) years;
14. 15. To gather, compile and print such statistical data as
may in the opinion of the ABLE Commission be needed or useful, and
prescribe charges or fees to be collected from any person or company
to whom such data shall be provided. No reports shall contain sales
information by name or license number;
15. 16. To educate persons employed by licensees to sell or
serve alcoholic beverages as to the provisions of Article XXVIII-A
of the Oklahoma Constitution and the Oklahoma Alcoholic Beverage
Control Act, with emphasis on recognizing and preventing
intoxication and particular emphasis on those provisions prohibiting
the selling or serving of alcoholic beverages to minors. The ABLE
Commission may contract with one or more entities, including but not
limited to the Oklahoma Department of Mental Health and Substance
Abuse Services, to perform the duties specified in this paragraph;
16. 17. To purchase motor vehicles necessary for use in its
operations. Such motor vehicles shall not be required to have any
type of identifying marking thereon;
17. 18. To purchase insurance on the motor vehicles owned and
operated by the ABLE Commission in accordance with statutory
provisions, subject to the approval of the Risk Management

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Administrator as provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes;
18. 19. To approve or reject any official bond required to be
filed with the ABLE Commission; and
19. 20. To exercise all other powers and duties conferred by
the Oklahoma Alcoholic Beverage Control Act, and all powers
incidental, convenient or necessary to enable it to administer or
carry out any of the provisions of the Oklahoma Alcoholic Beverage
Control Act.
B. The ABLE Commission shall promulgate rules, pursuant to the
Administrative Procedures Act, to carry out the purposes of the
Oklahoma Alcoholic Beverage Control Act.
SECTION 6. This act shall become effective November 1, 2025.
Passed the House of Representatives the 13th day of March, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the _____ day of __________, 2025.

Presiding Officer of the Senate