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An Act
ENROLLED SENATE
BILL NO. 1031 By: Daniels of the Senate
and
Moore of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2-146, as amended by Section 2,
Chapter 192, O.S.L. 2022 (37A O.S. Supp. 2024,
Section 2-146), which relates to grounds to deny
license; specifying name of agency; allowing certain
licensees to obtain wholesaler licenses without
certain limitation; and providing a construing
provision.
SUBJECT: Alcoholic beverage licenses
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-146, as
amended by Section 2, Chapter 192, O.S.L. 2022 (37A O.S. Supp. 2024,
Section 2-146), is amended to read as follows:
Section 2-146. A. The ABLE Alcoholic Beverage Laws Enforcement
(ABLE) Commission shall refuse to issue a wine and spirits
wholesaler, beer distributor, retail spirits, retail wine or retail
beer license, either on an original application or a renewal
application, if it has reasonable grounds to believe and finds any
of the following to be true:
1. Except in the case of a beer distributor, that the applicant
is not a citizen of the United States or is not a qualified elector
in this state, or has not been a continuous resident of this state
for the five (5) years next preceding the application for the
license;
2. That the applicant is under twenty-one (21) years of age;
ENR. S. B. NO. 1031 Page 2
3. That the applicant or any partner, or spouse of the
applicant or any partner, has been convicted of a felony;
4. That the applicant or any partner, or spouse of the
applicant or any partner, has been convicted of a violation of any
state or federal law relating to alcoholic beverages, has forfeited
a bond while any charge of such violation was pending, nor may any
license be granted for any purpose under the Oklahoma Alcoholic
Beverage Control Act to an Oklahoma resident, who has held or whose
spouse has held a Federal Liquor Stamp in Oklahoma before the
adoption of Article XXVIII-A of the Oklahoma Constitution unless the
Liquor Stamp was granted for supplying alcoholic beverages to a
federal military installation, or was granted under the Oklahoma
Alcoholic Beverage Control Act;
5. That the applicant or any partner has, within twelve (12)
months next preceding the date of the application, violated any
provision of the Oklahoma Alcoholic Beverage Control Act or rule of
the ABLE Commission promulgated pursuant hereto. Provided, however,
that if the ABLE Commission has, during such twelve-month period,
suspended any license sought to be renewed, such renewal application
may be approved if the term of the suspension has been completed and
the applicant has complied with any special conditions imposed in
connection with the suspension;
6. That the applicant is in the habit of using alcoholic
beverages to excess or is mentally incapacitated;
7. That the applicant does not own or have a written lease for
the premises for which a license is sought;
8. That the applicant, within twelve (12) months next preceding
the date of application, has been the holder of a license revoked
for cause;
9. That the applicant is not the real party in interest, or
intends to carry on the business authorized by the license as the
agent of another;
ENR. S. B. NO. 1031 Page 3
10. That the applicant, in the case of an application for
renewal of any license, would not be eligible for such license on a
first application;
11. That the applicant is a person who appoints or is a law
enforcement official or is an employee of the ABLE Commission;
12. That the proposed location of the licensed premises would
violate a valid municipal nondiscriminatory zoning ordinance;
13. That, in the case of an application for a wine and spirits
wholesaler license or beer distributor license, any brewer or
manufacturer, including an officer, director or principal
stockholder thereof or any partner, has any financial interest in
the business to be conducted under the license, unless otherwise
permitted by law;
14. That the issuance of the license applied for would result
in a violation of any provision of the Oklahoma Alcoholic Beverage
Control Act;
15. That, in the case of an application for a wine and spirits
wholesaler or beer distributor license, the applicant or any
partner, or spouse of the applicant or any partner, is the holder or
partner of the holder of any other class of license issued under the
provisions of the Oklahoma Alcoholic Beverage Control Act, other
than an agent or employee license for employment by the applicant,
or a storage license, bonded warehouse license, carrier license or
private carrier license; provided, nothing shall prohibit a wine and
spirits wholesaler, who is otherwise qualified, from maintaining
beer distributor licenses in the state, nor a beer distributor, who
is otherwise qualified, from maintaining a wine and spirits
wholesaler license in the state;
16. That, in the case of an application for a retail spirits,
retail wine or retail beer license, the applicant or any partner is
the holder or partner of the holder, or employee of such holder of
any other class of license issued under the provisions of the
Oklahoma Alcoholic Beverage Control Act, other than a storage
license or an employee license for the proposed licensed premises of
the applicant, provided, nothing in this title shall prohibit an
applicant for a retail wine and/or retail beer license from
ENR. S. B. NO. 1031 Page 4
maintaining a separate mixed beverage, caterer, mixed
beverage/caterer combination license, and/or an on-premises beer and
wine license; or
17. That the applicant or any partner, spouse, employee or
other person affiliated with the applicant is not in compliance with
the tax laws of this state as required in Article XXVIII-A of the
Oklahoma Constitution.
B. A beer distributor licensee and wine and spirits wholesaler
licensee under common ownership shall not be limited in the types of
business entities which may obtain a wine and spirits wholesaler
license. Nothing in this subsection shall be construed to apply to
a retail spirits license due to the need for strict liability
related to sales directly to consumers and in the interest of public
safety.
C. The provisions of this section shall not operate to prohibit
the issuance of a beer distributor license to a corporation or
partnership or limited liability company.
ENR. S. B. NO. 1031 Page 5
Passed the Senate the 21st day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 5th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________