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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3334 By: Hays
AS INTRODUCED
An Act relating to alcoholic beverages; creating the
Limited Retail-to-On-Premises Alcohol Supply Act;
defining terms; providing that an on-premises
licensee may purchase alcoholic beverages from an
off-premises licensee under certain conditions;
providing conditions; requiring certain recordkeeping
and reporting; providing penalty for violation;
directing the ABLE Commission to promulgate rules;
providing certain clarifications for scope of act;
providing for noncodification; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Limited Retail-
to-On-Premises Alcohol Supply Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-128 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
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1. "Limited purchase" means a non-wholesale transaction between
an off-premises and an on-premises licensee involving sealed
alcoholic beverages, subject to weekly volume limits;
2. "Liquor-by-the-Drink Tax" means the excise tax imposed under
Sections 5-101 through 5-107 of this title on alcoholic beverages
sold for on-premises consumption;
3. "Off-premises licensee" means a holder of a retail spirits
license pursuant to Section 2-109 of this title who is authorized to
sell alcoholic beverages for off-premises consumption;
4. "On-premises licensee" means a holder of a mixed beverage
license pursuant to Section 2-110 of this title or an on-premises
beer and wine license pursuant to Section 2-128 of this title who is
authorized to sell alcoholic beverages for consumption on the
licensed premises;
5. "Sales tax permit" means a valid permit issued by the
Oklahoma Tax Commission under Title 68 of the Oklahoma Statutes
authorizing the collection and remittance of sales tax;
6. "Tied-house restrictions" means the prohibitions under
Section 3-121 of this title and 27 U.S.C., Section 205(b) against
financial entanglements or coercive relationships between tiers; and
7. "Wholesaler obligations" means the legal duties under
Sections 2-107 and 2-138 of this title requiring alcoholic beverage
distribution through licensed wholesalers.
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B. Notwithstanding Section 2-138 of this title, an on-premises
licensee may purchase alcoholic beverages from an off-premises
licensee under the following conditions:
1. All beverages must be in sealed, original containers;
2. The on-premises licensee shall retain full responsibility
for remitting the Liquor-by-the-Drink Tax under Section 5-105 of
this title;
3. The off-premises licensee shall not collect sales tax,
provided the on-premises licensee holds a valid sales tax permit and
the transfer is documented as a tax-exempt transaction;
4. These limited purchases shall not be used to circumvent
wholesaler obligations under Section 2-107 of this title or federal
tied-house restrictions under 27 U.S.C., Section 205(b); and
5. No licensee may condition such purchases on brand
exclusivity, advertising obligations, or promotional consideration.
C. 1. Both licensees shall maintain detailed records of each
transaction, including:
a. date and volume,
b. product details,
c. license numbers of both parties, and
d. documentation of tax responsibilities.
2. Records shall be retained for twenty-four (24) months and
provided upon request to the Alcoholic Beverage Laws Enforcement
(ABLE) Commission or the Oklahoma Tax Commission.
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D. Violations of this act are subject to penalties under
Section 2-148 et seq. of this title, including fines up to One
Thousand Dollars ($1,000.00) per occurrence, license suspension, or
revocation.
E. The ABLE Commission shall promulgate rules to implement and
enforce this act, which shall be limited to volume caps, reporting
formats, and audit procedures only; ABLE is prohibited from making
an expansion of eligible products or frequency.
F. Nothing in this act shall be construed to permit slotting
fees, tied product placements, or incentives or inducements that
conflict with Section 3-121 of this title or 27 U.S.C., Section
205(b).
SECTION 3. This act shall become effective November 1, 2026.
60-2-14048 JL 01/06/26