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ENGROSSED SENATE
BILL NO. 1046 By: Coleman of the Senate
and
Lawson of the House
[ alcoholic beverages - license fees and curbside
pickup and delivery - license - limits - requirements
- exceptions - enforcement - violations - notice -
rules - protections - responsibilities - privileges -
pricing - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-101, as
amended by Section 3, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024,
Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Alcoholic Beverage Laws
Enforcement (ABLE) Commission, and the annual fees therefor, shall
be as follows:
1. Brewer License.................................. $1,250.00
2. Small Brewer License.............................. $125.00
3. Distiller License............................... $3,125.00
4. Winemaker License................................. $625.00
5. Small Farm Winery License.......................... $75.00
6. Rectifier License............................... $3,125.00
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7. Wine and Spirits Wholesaler License............. $3,000.00
8. Beer Distributor License.......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population.......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population................. $905.00
10. Retail Wine License............................ $1,000.00
11. Retail Beer License.............................. $500.00
12. Mixed Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License..... $1,250.00
14. On-Premises Beer and Wine License................ $500.00
(initial license)
$450.00
(renewal)
15. Bottle Club License............................ $1,000.00
(initial license)
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$900.00
(renewal)
16. Caterer License................................ $1,005.00
(initial license)
$905.00
(renewal)
17. 16. Annual Special Event License.................. $55.00
18. 17. Quarterly Special Event License............... $55.00
19. 18. Hotel Beverage License..................... $1,005.00
(initial license)
$905.00
(renewal)
20. 19. Airline/Railroad/Commercial Passenger Vessel Beverage
License........................................ $1,005.00
(initial license)
$905.00
(renewal)
21. 20. Agent License................................. $55.00
22. 21. Employee License.............................. $30.00
23. 22. Industrial License............................ $23.00
24. 23. Carrier License............................... $23.00
25. 24. Private Carrier License....................... $23.00
26. 25. Bonded Warehouse License..................... $190.00
27. 26. Storage License............................... $23.00
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28. 27. Nonresident Seller License .................. $750.00
29. 28. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year........................... $50.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year........................... $75.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $150.00
30. 29. Manufacturer’s Agent License.................. $55.00
31. 30. Sacramental Wine Supplier License............ $100.00
32. 31. Charitable Auction License..................... $1.00
33. 32. Charitable Alcoholic Beverage License......... $55.00
34. 33. Winemaker Self-Distribution License:
a. produced ten thousand (10,000) gallons
or less in last calendar year............... $350.00
b. produced more than ten thousand
(10,000) gallons but no more than
fifteen thousand (15,000) gallons in
last calendar year.......................... $750.00
35. 34. Annual Public Event License................ $1,005.00
36. 35. One-Time Public Event License................ $255.00
37. 36. Small Brewer Self-Distribution License:
a. produced fifteen thousand (15,000)
barrels or less in last calendar year....... $350.00
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b. produced more than fifteen thousand
(15,000) barrels in last calendar year...... $750.00
38. 37. Brewpub License............................ $1,005.00
39. 38. Brewpub Self-Distribution License............ $750.00
40. 39. Complimentary Beverage License................ $75.00
41. 40. Satellite Tasting Room License............... $100.00
41. Delivery Service License...................... $10,000.00
42. Delivery Driver License........................... $30.00
B. 1. There shall be added to the initial or renewal fees for
a mixed beverage license an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code of 1986, as amended.
2. There shall be added to the fee for a mixed beverage/caterer
combination license an administrative fee, which shall not be deemed
to be a license fee, in the amount of Two Hundred Fifty Dollars
($250.00), which shall be paid at the same time and in the same
manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
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C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code of 1986, as amended, shall be Five Hundred
Dollars ($500.00) per year; and
2. The renewal fee for an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on-premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses and delivery driver
licenses shall be valid for two (2) years.
F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on-premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on-premises beer and wine
license and operate the licensed premises as a mixed beverage
establishment or an on-premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
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There shall be no additional fee for such exchange and the mixed
beverage license or on-premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License...................... $2,500.00
2. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $100.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year.......................... $225.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $450.00
3. Wine and Spirits Wholesaler License............. $2,500.00
4. Beer Distributor................................ $1,000.00
5. Retail Spirits License for cities and towns
over 5,000 population.......................... $250.00
6. Retail Spirits License for cities and towns
from 2,501 to 5,000 population................. $200.00
7. Retail Spirits License for cities and towns
from 200 to 2,500 population................... $150.00
8. Retail Wine License............................... $250.00
9. Retail Beer License............................... $250.00
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10. Mixed Beverage License............................ $25.00
11. Mixed Beverage/Caterer Combination License........ $25.00
12. Caterer License................................... $25.00
13. On-Premises Beer and Wine License................. $25.00
14. Annual Public Event License....................... $25.00
15. Small Farm Winery License......................... $25.00
16. Small Brewer License.............................. $35.00
17. Complimentary Beverage License.................... $25.00
The surcharge shall be paid concurrent with the licensee’s
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee and Thirty Dollars ($30.00) of the delivery
driver license fee, shall be deposited in the Alcoholic Beverage
Governance Revolving Fund established pursuant to Section 5-128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any obligation to independently determine
the validity of such license or be held liable solely as a
consequence of another licensee’s failure to maintain a valid
license.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-161, is
amended to read as follows:
Section 2-161. A. Retail spirit licensees may sell curbside
and deliver alcoholic beverages including beer, wine, and spirits in
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sealed original containers to consumers aged twenty-one (21) years
and older as follows:
1. Only employees Employees of the retail spirit licensee shall
be permitted to make alcoholic beverage product deliveries,
including curbside, to consumers. Employees licensed as delivery
drivers and independent contractors of delivery service licensees
shall be permitted to make alcoholic beverage product deliveries,
including curbside, to consumers on behalf of a retail spirit
licensee;
2. Payment for alcoholic beverage product delivery by the
retail spirit licensee may be made by cash, check, transportable
credit/debit card processors or advance on-line online payment
methods; and
3. The retail spirit licensee shall be responsible for his or
her delivery employees as provided in Section 2-133 of Title 37A of
the Oklahoma Statutes this title. An action by a delivery service
licensee or by a delivery driver of a delivery service licensee
shall not be attributable to the retail spirit licensee with regard
to:
a. providing, selling, or serving alcohol to a minor or
to an intoxicated individual,
b. the delivery of alcohol in a dry or otherwise illegal
area, unless the retailer has contractually agreed to
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retain responsibility for ensuring that deliveries are
not directed to a dry or otherwise illegal area, or
c. any other provision of this title; and
4. A retail spirit licensee’s responsibility under this title
regarding delivery of alcoholic beverage products to a consumer
shall be considered satisfied at the moment the retailer transfers
possession of an alcoholic beverage product to the delivery service
licensee or the delivery driver of a delivery service licensee.
B. Small brewers and small farm wineries licensed by the
Oklahoma ABLE Alcoholic Beverage Laws Enforcement (ABLE) Commission
may sell curbside only alcoholic beverages produced by such licensee
in sealed original containers to consumers aged twenty-one (21)
years and older as follows:
1. Only employees of the licensed small brewer or small farm
winery shall be permitted to make alcoholic beverage product
deliveries to consumers;
2. Payment for alcoholic beverage product delivery by licensed
small brewers or small farm wineries may be made by cash, check,
transportable credit/debit card processors, or advance on-line
online payment methods; and
3. Small brewers and small farm wineries shall be responsible
for their delivery employees as provided in Section 2-133 of Title
37A of the Oklahoma Statutes this title.
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C. Restaurants, bars and clubs holding mixed beverage, beer and
wine, or caterer/mixed beverage licenses issued by the Oklahoma ABLE
Commission may sell curbside and deliver only closed packages of
beer and wine to consumers aged twenty-one (21) years and older as
follows:
1. Only employees Employees of such restaurant, bar or club
licensee shall be permitted to make alcoholic beverage package
product deliveries, including curbside, to consumers. Employees
licensed as delivery drivers and independent contractors of delivery
service licensees shall be permitted to make alcoholic beverage
product deliveries, including curbside, to consumers on behalf of a
restaurant, bar, or club licensee;
2. Payment for alcoholic beverage package product delivery by
licensed restaurants, bars and clubs may be made by cash, check,
transportable credit/debit card processors, or advance on-line
online payment methods; and
3. Restaurants, bars and clubs licensed by the Oklahoma ABLE
Commission shall be responsible for their delivery employees as
provided in Section 2-133 of Title 37A of the Oklahoma Statutes this
title. An action by a delivery service licensee or a delivery
driver of a delivery service licensee is not attributable to the
restaurant, bar, or club with regard to:
a. providing, selling, or serving alcohol to a minor or
to an intoxicated individual,
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b. the delivery of alcohol in a dry or otherwise illegal
area, unless the retailer has contractually agreed to
retain responsibility for ensuring that deliveries are
not directed to a dry or otherwise illegal area, or
c. any other provision of this title; and
4. A restaurant, bar, or club licensee’s responsibility under
this title regarding delivery of an alcoholic beverage product to a
consumer shall be considered satisfied at the moment the retailer
transfers possession of an alcoholic beverage product to the
delivery service licensee or the delivery driver of a delivery
service licensee.
D. Grocery and convenience stores holding a retail beer and/or
retail wine license issued by the Oklahoma ABLE Commission may sell
curbside and deliver original sealed containers of beer and/or wine
only according to the license held to consumers aged twenty-one (21)
years and older as follows:
1. Only employees Employees of such licensed grocery or
convenience store shall be permitted to make alcoholic beverage
product deliveries, including curbside, to consumers. Employees
licensed as delivery drivers and independent contractors of delivery
service licensees shall be permitted to make alcoholic beverage
product deliveries, including curbside, to consumers on behalf of a
grocery or convenience store licensee;
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2. Payment for alcoholic beverage product delivery by a
licensed grocery or convenience store may be made by cash, check,
transportable credit/debit card processors or advance on-line online
payment methods; and
3. Grocery and convenience store licensees shall be responsible
for their delivery employees as provided in Section 2-133 of Title
37A of the Oklahoma Statutes this title. An action by a delivery
service licensee or a delivery driver of a delivery service licensee
shall not be attributable to the grocery or convenience store
licensee with regard to:
a. providing, selling, or serving alcohol to a minor or
to an intoxicated individual,
b. the delivery of alcohol in a dry or otherwise illegal
area, unless the retailer has contractually agreed to
retain responsibility for ensuring that deliveries are
not directed to a dry or otherwise illegal area, or
c. any other provision of this title; and
4. A grocery or convenience store licensee’s responsibility
under this title regarding delivery of an alcoholic beverage product
to a consumer shall be considered satisfied at the moment the
retailer transfers possession of an alcoholic beverage product to
the delivery service licensee or the delivery driver of a delivery
service licensee.
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E. Licensees authorized by this section to make alcoholic
beverage product deliveries to consumers are prohibited from
utilizing third-party vendors or delivery services for purposes of
completing such product deliveries to consumers.
F. Licensees authorized by this section to make alcoholic
beverage product deliveries to consumers shall comply with the laws,
rules, procedures and executive orders incumbent on such licensee.
G. F. The Oklahoma ABLE Commission is authorized to promulgate
rules, regulations, forms and procedures necessary to implement and
enforce the provisions of this section.
H. G. For purposes of this section each delivery authorized by
a licensee to be made by his or her employee shall be deemed a
direct hand-to-hand sale as though the consumer was physically
present on the licensed premises and authorized by law by such
licensee.
H. Notwithstanding any law or rule to the contrary, a delivery
service licensee or a delivery driver of a delivery service
licensee, in accordance with Section 3 of this act, may transport
and deliver alcoholic beverage products, including curbside, from a
retailer or a restaurant, bar, or club holding a mixed beverage,
beer and wine, or caterer/mixed beverage license, or a grocery or
convenience store holding a retail beer or retail wine license, to a
consumer twenty-one (21) years of age or older for the consumer’s
personal use and not for resale.
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I. Employees licensed as delivery drivers and independent
contractors of delivery service licensees of licensed grocery stores
or convenience stores shall be permitted to make alcoholic beverage
product deliveries to a consumer twenty-one (21) years of age or
older for the consumer’s personal use and not for resale.
J. A delivery service licensee or a delivery driver of a
delivery service licensee who is authorized by law and by
contractual agreement with a retailer or a restaurant, bar, or club
holding a mixed beverage, beer and wine, or caterer/mixed beverage
license to deliver alcoholic beverage products to a consumer shall be
liable for violations of alcoholic beverage laws or administrative
rules of the ABLE Commission, affecting his or her license privilege
to deliver alcoholic beverage products to consumers.
K. A retailer or a restaurant, bar, or club holding a mixed
beverage, beer and wine, caterer/mixed beverage, or grocery or
convenience store licensee:
1. Is not required to verify that the delivery service licensee
or the delivery driver of a delivery service licensee has received
delivery driver training or a delivery driver license under this act;
and
2. Shall not be liable for any reason under this title or
statutory or common law for the actions of a delivery service
licensee or a delivery driver of a delivery service licensee.
L. Notwithstanding any law or rule to the contrary:
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1. Pricing for alcoholic beverage products delivered in
accordance with this act shall meet the minimum markup requirements
in accordance with Section 3-118 of this title, prior to any
additional charges or delivery or service fees;
2. All sales of alcoholic beverage products shall be delivered
and sold in accordance with Section 6-103 of this title;
3. Delivered alcoholic beverage products shall not be discounted
below the price in the retailer’s licensed premises; and
4. Delivery service licensees shall be prohibited from
discriminating between any retailers or groups of retailers in
advertising, fees, and costs of online search results.
M. 1. In any county with a population of sixty-five thousand
(65,000) or less according to the most recent Federal Decennial
Census, any delivery service licensee or delivery driver of a
delivery service licensee engaged in an authorized delivery shall
only do so within fifteen (15) miles from the location of the
licensed premises of the retailer.
2. In any county with a population greater than sixty-five
thousand (65,000) according to the most recent Federal Decennial
Census, any delivery service licensee or delivery driver of a deliver
service licensee engaged in an authorized delivery shall only do so
within five (5) miles from the location of the licensed premises of
the retailer.
N. A delivery service licensee shall not:
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1. Have any ownership interest in a wine and spirits wholesaler
license, a beer distributor license, or any manufacturer license
under this title;
2. Have any ownership interest in a brewer license, small brewer
license, distiller license, winemaker license, small farm winery
license, rectifier license, or nonresident seller license; or
3. Engage in central warehousing.
O. Any delivery of alcoholic beverage products conducted by a
delivery service licensee or by a delivery driver of a delivery
service licensee shall only be done from the premises of the retail
licensee.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-161.1 of Title 37A, unless
there is created a duplication in numbering, reads as follows:
A. For the purposes of this section, “retail licensee” or
“retailer” means a retailer or a restaurant, bar, or club holding a
mixed beverage, beer and wine, or caterer/mixed beverage license, or
a grocery or convenience store holding a retail beer or retail wine
license.
B. Any individual, limited liability company, corporation, or
partnership that is registered to do business in this state,
regardless of the residency of the ownership of the entity, may
apply for and be issued a delivery service license that authorizes
the licensee to deliver alcoholic beverages from a retailer licensed
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by the Alcoholic Beverage Laws Enforcement (ABLE) Commission to sell
alcoholic beverage products to any person in this state who is
twenty-one (21) years of age or older for the individual’s personal
use and not for resale.
C. To receive a delivery service license, an applicant shall:
1. File an application with the ABLE Commission;
2. Provide to the ABLE Commission a sample contract that the
applicant intends to enter into with a retail licensee for the
delivery of alcoholic beverage products, unless the applicant is the
holder of a retail license or operates under the same parent company
as the retail license holder;
3. Submit to the ABLE Commission an outline of internal or
external training for delivery driver licensees that addresses
topics including, but not limited to, identifying underage persons,
intoxicated persons, and fake or altered identification;
4. Provide an attestation that the applicant is twenty-one (21)
years of age or older and has not been convicted of a felony in any
state or federal court;
5. Provide proof of a general liability insurance policy in an
amount not less than One Million Dollars ($1,000,000.00) per
occurrence; and
6. Be properly registered to conduct business in this state.
D. A delivery service licensee:
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1. May contract with any retail licensee for the purpose of
delivering alcoholic beverage products;
2. May use its own delivery driver licensees who are twenty-one
(21) years of age and older to deliver such alcoholic beverage
products, provided such delivery drivers have a valid delivery
driver license, and shall not have been convicted of any criminal
offense related to alcoholic beverages. The delivery service
licensee shall complete a criminal history record check on each
delivery driver licensee who delivers alcoholic beverage products,
and shall submit to the ABLE Commission an outline of internal or
external training for delivery driver licensees, provided that such
training is approved by the ABLE Commission;
3. May facilitate orders by telephone, Internet, or other
electronic means for the sale and delivery of alcoholic beverage
products. If payment is not received at the time of the order, the
delivery service licensee may act as an agent of the retail licensee
in the collection of payment from the sale of alcoholic beverage
products, but the full amount of each order must be handled in a
manner that gives the retail licensee control over the ultimate
receipt of the payment from the consumer with the retail licensee
operating as the merchant of record. The retail licensee shall
remain responsible for the proper remittance of all applicable taxes
on the sale of the product;
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4. Shall deliver only sealed containers of alcoholic beverage
products;
5. Shall obtain from the consumer a confirmation that he or she
is twenty-one (21) years of age or older at the time the order is
placed;
6. Shall require the recipient, at the time of delivery, to
provide valid photo identification verifying that he or she is
twenty-one (21) years of age or older, and sign for the delivery;
7. Shall possess identification scanning software technology or
a state-of-the-art alternative at the point of delivery to
authenticate that the recipient is twenty-one (21) years of age or
older, and collect the recipient’s name and date of birth;
8. Shall return all alcoholic beverage products to the retail
licensee if the recipient is under twenty-one (21) years of age,
appears intoxicated, fails to provide proof of identification, fails
or refuses to sign for delivery, fails to complete the
identification verification process, declines to accept the delivery
of an alcoholic beverage product, or if any circumstances in the
delivery environment indicate illegal conduct, overconsumption, or
any otherwise unsafe environment for the consumption of alcohol.
Such return shall occur on the same business day;
9. May not deliver any alcoholic beverage product to any person
located within a dry jurisdiction in this state;
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10. Shall pick up alcoholic beverage products for delivery only
during lawful sales hours in that jurisdiction for the retail
licensee, provided that orders may be delivered and completed on the
same day or within a reasonable time thereafter. No order shall be
picked up by a delivery driver licensee after 11:00 p.m. to ensure
delivery no later than midnight;
11. Shall permit the ABLE Commission to perform an audit of the
delivery driver or delivery service licensee’s records upon request
and with sufficient notification;
12. Shall be deemed to have consented to the jurisdiction of
the ABLE Commission and the courts of this state pursuant to this
section and any related laws or rules; and
13. Shall be responsible for delivery of alcoholic beverage
products pursuant to this act.
E. A delivery service licensee may renew his or her license
with the ABLE Commission by maintaining all qualifications, paying
annually a renewal fee of Ten Thousand Dollars ($10,000.00), and
providing the ABLE Commission with a copy of the current license.
The annual fee for delivery service licensees shall be collected by
the ABLE Commission for deposit and credit to the General Revenue
Fund of this state.
F. 1. A delivery service licensee shall be authorized to
charge the consumer a delivery fee but shall not charge, add on, or
collect any portion of the amount of the retail sales price for the
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alcoholic beverage product from the retail licensee. A delivery
driver or delivery service licensee shall not engage in the free
delivery of alcoholic beverage products. Alcoholic beverage
products may not be delivered under any subscription delivery plan.
Any order containing alcoholic beverage products shall have an
independent delivery fee of Fifteen Dollars ($15.00) or fifteen
percent (15%), whichever is greater, of the alcoholic beverage
product subtotal separate and exclusive from nonalcoholic beverage
product items in the delivery.
2. A fee shall be remitted to the ABLE Commission of One Dollar
($1.00) for each delivery performed by a delivery driver or delivery
service licensee to be apportioned as follows:
a. fifty cents ($0.50) shall be deposited into the
Alcoholic Beverage Governance Revolving Fund for the
purpose of funding an ABLE Commission division with
the sole purpose of enforcing trade practice
violations, and
b. fifty cents ($0.50) shall be deposited in the general
fund to be used specifically for the treatment of
alcoholic abuse by the Department of Mental Health and
Substance Abuse Services.
G. Nothing in this act shall be construed to require a
technology services company to obtain a delivery service license if
the company does not employ or contract with delivery driver or
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delivery service licensees, and solely provides software or a
digital network application that connects consumers and retailer
licensees for the delivery of alcoholic beverage products from the
retail licensee. However, the act of connecting consumers to
delivery driver and delivery service licensees shall serve to grant
jurisdiction to this state.
H. The ABLE Commission shall enforce the requirements of this
section by the same administrative proceedings that apply to all
other alcoholic beverage licensees.
I. The ABLE Commission shall enforce the requirements of this
section against any delivery driver or delivery service licensee.
Delivery to a minor shall be treated as furnishing alcohol to a
minor and shall result in any applicable disciplinary action. The
retail licensee shall not be held liable for violations that occur
after transferring possession of the alcoholic beverage product to
the delivery driver or delivery service licensee.
J. Nothing in this act shall be construed to authorize the
direct shipment of alcohol, liquor, wine, or beer from any
manufacturer.
K. No person shall use a license or exercise any privileges
granted by the license except pursuant to this act.
L. No alcoholic beverage products shall be delivered to or left
unattended at a resident or business address except for the delivery
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of such alcoholic beverage products in person to the purchaser
confirmed to be twenty-one (21) years of age or older.
M. The ABLE Commission shall be authorized to promulgate rules,
regulations, forms, and procedures necessary to implement and
enforce the provisions of this section.
N. Each delivery authorized by a delivery driver or delivery
service licensee to be made to a consumer shall be deemed a direct
hand-to-hand sale as though the consumer was physically present on
the licensed premises and authorized by such license.
O. Nothing in this section shall authorize a retail licensee to
engage in central warehousing of alcoholic beverage products, nor
shall it allow a delivery service licensee to purchase from a
licensed wholesaler or nonresident seller for resale.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-161.2 of Title 37A, unless
there is created a duplication in numbering, reads as follows:
A. For the purposes of this section, “retail licensee” or
“retailer” means a retailer or a restaurant, bar, or club holding a
mixed beverage, beer and wine, or caterer/mixed beverage license, or
a grocery or convenience store holding a retail beer or retail wine
license.
B. A delivery driver or delivery service license shall
authorize the delivery of alcoholic beverage products to a consumer
for personal use and not for resale pursuant to this act.
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C. Applicants for a delivery driver license shall be twenty-one
(21) years of age or older. As a prerequisite to the issuance of a
delivery driver license, not later than fourteen (14) days after
initial licensure, a first-time applicant shall be required to have
successfully completed a training program conducted by the ABLE
Commission, or by another entity approved by the Commission
including, but not limited to, an in-house training program
conducted by the delivery service licensee. Proof of training
completion shall be made available by the delivery service licensee
or the delivery driver licensee for inspection by the ABLE
Commission. The failure of a delivery driver licensee to comply
with this section may constitute a revocable offense.
D. In the event the ABLE Commission denies an application for a
delivery driver license, the ABLE Commission shall provide written
notice to the licensee or licensees the applicant provides delivery
services for, if any. The notice shall be given at the time notice
is provided to the applicant.
E. Notwithstanding any law or rule to the contrary, a delivery
service licensee with training approved by the ABLE Commission may
purchase delivery driver licenses on behalf of the delivery drivers
and may provide such delivery drivers with such permits upon
successful completion of the delivery service licensee’s approved
training.
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F. The ABLE Commission shall promulgate rules necessary for the
implementation of the provisions of this act.
SECTION 5. This act shall become effective November 1, 2025.
Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives