US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 37.

INTOXICATING LIQUORS

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§378.  Consuming or inhaling intoxicants in public places  Penalties.

Any person who shall, in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by the Oklahoma Alcoholic Beverage Control Act, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated from any cause and shall disturb the peace of any person, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment.

Amended by Laws 1985, c. 6, § 1, emerg. eff. March 14, 1985; Laws 1986, c. 103, § 101, eff. Nov. 1, 1986.  

§37-163.1.  Intoxicating beverages and low-point beer distinguished - Application of statute.

All beverages containing more than three and two-tenths percent (3.2%) alcohol by weight and all mixed beverage coolers, as defined in Section 506 of this title, regardless of percent of alcoholic content, are hereby declared to be intoxicating.  All beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight are hereby declared to be low-point beer.  Wherever the term "nonintoxicating beverage" or "nonintoxicating malt beverage" appears in the Oklahoma Statutes, such term shall be construed to mean low-point beer.  The manufacture, distribution and sale of low-point beer, including but not limited to beer or cereal malt beverages, are hereby declared subject to the provisions of Section 163.1 et seq. of this title.

Added by Laws 1947, p. 285, § 1.  Amended by Laws 1988, c. 93, § 1, emerg. eff. March 31, 1988; Laws 1995, c. 274, § 8, eff. Nov. 1, 1995.

§37163.2.  Definitions.

In the administration of Section 163.1 et seq. of this title, the following words and phrases are given the meanings respectively indicated:

1.  "Low-point beer" means and includes beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products;

2.  "Person" means and includes an individual, a trust or estate, a partnership, an association or a corporation;

3.  "Manufacturer" means and includes any person who prepares for human consumption by the use of raw materials or other ingredients any low-point beer, as defined herein, upon which a license fee and a tax are imposed by any law of this state;

4.  "Wholesaler" means and includes any person who sells any low-point beer, as defined herein, to a licensed retail dealer, as hereinafter defined, for resale;

5.  "Retail dealer" means and includes any person who sells any low-point beer, as defined herein, at retail for consumption or use, and such definitions include state and county fair associations, and special licenses may be issued for the sale of low-point beer, as herein defined, by such associations, and to other persons for the sale of such low-point beer at rodeos, picnics, or other organized temporary assemblages of people.  The term "retail dealer" also includes railways for the sale of such beverages, and licenses may be issued for each dining car or railway train, which railways and dining cars shall pay the same license fees as regular retail dealers;

6.  "Sale" or "sales", for the purpose of the collection of the taxes imposed by any law of the state upon low-point beer, as defined herein, is hereby defined to mean and include all sales by all wholesalers within this state, for money or any other valuable consideration, to retail dealers for resale; and, also, the term "sale" or "sales" taxable under Section 163.1 et seq. of this title means and includes all sales from manufacturers or wholesalers from outside this state, to retail dealers for resale to consumers or otherwise.  The term "sale" or "sales" shall also include sales from manufacturers without the state to wholesalers located within the state;

7.  "Meals" means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption.  Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals"; and

8.  "Motion picture theater" means a place where motion pictures are exhibited and to which the general public is admitted, but does not include a place where meals, as defined by this section, are served, if only persons twenty-one (21) years of age or older are admitted.

Added by Laws 1947, p. 286, § 2.  Amended by Laws 1988, c. 93, § 2, emerg. eff. March 31, 1988; Laws 1989, c. 340, § 1, emerg. eff. June 3, 1989; Laws 1990, c. 258, § 4, operative July 1, 1990; Laws 1995, c. 274, § 9, eff. Nov. 1, 1995.

§37-163.3.  Tax on low-point beer - Exemptions from other taxes.

There is hereby levied on all low-point beer containing more than one-half of one percent (1/2 of 1%) of alcohol measured by volume and not more than three and two-tenths percent (3.2%) of alcohol measured by weight which are manufactured and sold, or removed for consumption or sale, within this state a tax of Eleven Dollars and twenty-five cents ($11.25) for every barrel containing not more than thirty-one (31) gallons, and at a like rate of tax for any other quantities or for a fractional part of a barrel.  Provided, any low-point beer manufactured in this state for export shall not be taxed under this section.

Each wholesaler making reports and remittances to the Tax Commission shall be allowed the sum of one percent (1%) of the tax remittances collected for maintaining and collecting said tax for the benefit of this state.

Machinery and equipment directly used in the manufacture within this state of low-point beer taxed pursuant to the provisions of this section shall be exempt from taxation under any other law of this state levying a sales or consumers or use tax.

Added by Laws 1947, p. 286, § 3.  Amended by Laws 1949, p. 277, § 1; Laws 1951, p. 109, §1; Laws 1953, p. 140, § 1; Laws 1984, c. 153, § 1, emerg. eff. April 21, 1984; Laws 1987, c. 113, § 1, operative June 1, 1987; Laws 1995, c. 274, § 10, eff. Nov. 1, 1995; Laws 2003, c. 484, § 1, eff. Nov. 1, 2003.

§37-163.4.  Payment of taxes - Persons liable - Sales permitted.

The excise tax levied on low-point beer under Section 163.3 of this title shall be paid by the following:

1.  Manufacturers.  When the sale is made by a manufacturer, located and doing business in this state, to a wholesaler, located and doing business in this state, the tax shall be paid by the wholesaler.

When the sale is made by a manufacturer located outside of the state and doing business in this state by virtue of and under permit issued as hereinafter provided to a wholesaler located and doing business in this state, the tax shall be paid by the wholesaler.

When the sale is made by a manufacturer located and doing business in this state to a retail dealer located and doing business in this state, the tax shall be paid by the manufacturer, who must also be the holder of an effective wholesale beverage dealer's license.  Before making any such sale to a retail dealer the manufacturer must apply for and procure a license as a wholesaler, provided for in Section 163.1 et seq. of this title.

When the sale is made by a manufacturer located and doing business in this state to a consumer in this state, the tax shall be paid by the manufacturer;

2.  Wholesalers.  When the sale is made by a wholesaler, located and doing business in this state, to a retail dealer located and doing business in this state, the tax shall be paid by the wholesaler.  Such wholesalers may sell only to licensed retail dealers low-point beer upon which the tax provided by Section 163.3 of this title has first been paid by such wholesaler.

When the sale is made by a wholesaler, located and doing business outside this state, and who has obtained an Oklahoma wholesale beverage dealer's license, to a retail dealer located and doing business in this state, the wholesaler shall be liable for and must pay to the Tax Commission the beverage tax due on such sales.  In the event of a retail dealer, doing business in this state, purchases beverage from a wholesaler doing business outside this state, and who does not have an Oklahoma wholesale beverage dealer's license, the retailer shall be liable for and must pay to the Oklahoma Tax Commission the tax due on such sales.  Both the wholesalers and retailers liable for the payment of such tax shall, on forms prescribed by the Tax Commission, report to the Tax Commission such sales and deliveries.

For the purpose of collecting and remitting the tax imposed under Section 163.1 et seq. of this title, the wholesaler collecting such tax is hereby declared to be the agent of the state for such purposes; and

3.  Retail Dealers.  Retail dealers, where the out-of-state manufacturer or wholesaler has paid the tax under the provisions of Section 163.1 et seq. of this title, shall not be required to pay the tax.  However, nothing in Section 163.1 et seq. of this title shall operate to relieve any retail dealer from payment of the tax where such retail dealer has at any time in his or her possession or exhibits for sale low-point beer upon which the tax has not been paid.  In such case all the provisions of Section 163.1 et seq. of this title relating to reports, returns, and payment of the tax shall apply to such retail dealer, and any refusal to comply with the requirements regarding reports, returns, and payment of the tax, or any violation of any of the penal sections of Section 163.1 et seq. of this title, shall likewise subject such retail dealer to the penalties and punishments prescribed for other taxpayers.  In addition, any retail dealer that manufactures low-point beer for consumption on the licensed premises shall be required to pay the tax.

Except as provided in paragraph 1 of Section 163.7 of this title, no retail dealer may sell any low-point beer except at retail, for consumption or use; and no retail dealer may have in his or her possession, or offer for sale, any such beverage upon which the tax shall not have been paid.

Added by Laws 1947, p. 287, § 4.  Amended by Laws 1984, c. 153, § 2, emerg. eff. April 21, 1984; Laws 1992, c. 91, § 1, eff. Sept. 1, 1992; Laws 1995, c. 274, § 11, eff. Nov. 1, 1995; Laws 2002, c. 460, § 26, eff. Nov. 1, 2002; Laws 2003, c. 484, § 2, eff. Nov. 1, 2003.

§37163.5.  Time of payment  Return showing sales.

The excise tax levied by Section 163.3 of this title on low-point beer shall be due and payable on or before the tenth day of each month for the preceding calendar month.  At the time of paying such tax each taxpayer shall, upon forms prescribed, prepared and furnished by the Tax Commission, file with the Tax Commission a return, under oath, showing the total sales of such beverages during the preceding calendar month, the amount of taxes due, and such further information as the Tax Commission may require to enable it to compute correctly and collect the taxes levied under Section 163.1 et seq. of this title.  Any tax not paid within ten (10) days after the close of the preceding calendar month shall be delinquent.

Added by Laws 1947, p. 288, § 5.  Amended by Laws 1984, c. 153, § 3, emerg. eff. April 21, 1984; Laws 1995, c. 274, § 12, eff. Nov. 1, 1995.

§37163.6.  Disposition of monies collected.

All monies collected pursuant to the provisions of Section 163.1 et seq. of thistitle shall be apportioned to the General Revenue Fund of the state.

Amended by Laws 1986, c. 223, § 21, operative July 1, 1986.  

§37-163.7.  Annual state permits and license taxes.

In addition to the excise tax payable under Section 163.1 et seq. of this title, and in addition to the license required to be procured from the judge of the district court, the following permits shall be required and the following annual license taxes shall be payable to the Oklahoma Tax Commission with respect to low-point beer; provided, any such permit issued prior to November 1, 1995, with respect to low-point beer shall be valid until it expires:

1.  Manufacturers:  Every manufacturer, located and doing business in this state, shall, before commencing the manufacture of low-point beer, obtain from the Tax Commission a permit to engage in such manufacture.  As a condition of the issuance of this permit, such manufacturer shall pay to the Tax Commission a license tax of Four Hundred Fifty Dollars ($450.00), which shall cover a three-year period commencing with the effective date of such permit.  This permit must be renewed and the license tax paid thereafter at the expiration of the preceding permit and license tax period.  Each and every other manufacturer of such beverages, coming within the provisions of Section 163.1 et seq. of this title, shall before selling or offering for sale such beverages within the State of Oklahoma, qualify with the Secretary of State of the State of Oklahoma for a permit to do business within the State of Oklahoma and, after so qualifying, shall obtain a permit or license from the Tax Commission and, in addition to any other license, taxes or fees, pay therefor a license tax of Five Hundred Dollars ($500.00), which shall cover a one-year period commencing with the effective date of such permit.  The permit or license shall be for the privilege of doing business in Oklahoma as a manufacturer of low-point beer.  The permit must be renewed and the license tax paid annually thereafter at the expiration of the preceding permit and license tax period.  The receipt of payment of such permit or license shall be on file with the Tax Commission before such manufacturer shall sell, or offer for sale, such beverages to any person within the State of Oklahoma.  Provided, a manufacturer located and doing business in this state may sell not more than five thousand (5,000) barrels annually of its own products directly to consumers by procuring a retail license.

Every manufacturer, located and doing business outside the State of Oklahoma, desiring to pay the excise tax on sales to retail dealers, as provided for in Section 163.1 et seq. of this title, shall procure annually a permit and pay annually the license tax required of wholesalers, as provided for under this section.  The payment of such fee shall be in addition to the payment of the license fee or tax in the sum of Five Hundred Dollars ($500.00) as provided herein;

2.  Wholesalers:  Every wholesaler, located and doing business in this state, must annually obtain from the Tax Commission a permit to sell low-point beer.  As a condition of the issuance of this permit, such wholesaler shall pay to the Tax Commission a license fee of Two Hundred Fifty Dollars ($250.00) which shall cover a one-year period commencing with the effective date of such permit.  The permit must be renewed and the license tax paid annually thereafter at the expiration of the preceding permit and license tax period. The fee shall be reduced by seventy-five percent (75%) if the applicant is a holder of a license to manufacture low-point beer and is located and doing business in this state.

Every wholesaler, located and doing business outside the state desiring to pay the excise tax on sales to retail dealers, as provided for in Section 163.1 et seq. of this title, shall procure annually a permit and pay annually the license tax required of wholesalers located and doing business in this state.

Wholesalers within this state shall be required to secure an annual permit and must pay an annual license tax for each city or incorporated town from which deliveries of low-point beer are made to retail dealers.

Permits issued to wholesalers shall not be transferable from one person to another person but shall be transferable from one location to another location; and

3.  Retail Dealers:  Every retail dealer shall, before offering low-point beer for sale to the public, obtain from the Tax Commission a permit to engage in such sales, and shall pay to the Tax Commission, in advance of the issuance of the permit, the license tax, as follows:

a. each retail dealer who sells low-point beer, on draught and in original packages, for consumption on or off the premises, shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of Four Hundred Dollars ($400.00) for every permit issued or renewed on or after July 1, 2003, but prior to July 1, 2006, of which One Hundred Dollars ($100.00) shall be deposited in the Community-based Substance Abuse Revolving Fund established in Section 2 of this act.  The fee for every permit issued or renewed on or after July 1, 2006, shall be Five Hundred Dollars ($500.00), of which Two Hundred Dollars ($200.00) shall be deposited in the Community-based Substance Abuse Revolving Fund,

b. each retail dealer who sells such beverages in original packages only for consumption on or off the premises shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of Two Hundred Fifty Dollars ($250.00) for each permit issued or renewed on or after July 1, 2003, but before July 1, 2006, of which One Hundred Dollars ($100.00) shall be deposited in the Community-based Substance Abuse Revolving Fund.  The fee for every permit issued on or after July 1, 2006, shall be Three Hundred Fifty Dollars ($350.00), of which Two Hundred Dollars ($200.00) shall be deposited in the Community-based Substance Abuse Revolving Fund,

c. each retail dealer who sells low-point beer purchased from a licensed manufacturer or licensed wholesaler for consumption on or off the premises and who sells low-point beer manufactured by the retail dealer for consumption on or off the premises shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license fee of Five Hundred Fifty Dollars ($550.00) for each permit issued or renewed on or after July 1, 2003, but before July 1, 2006, of which One Hundred Dollars ($100.00) shall be deposited in the Community-based Substance Abuse Revolving Fund.  The fee for every permit issued on or after July 1, 2006, shall be Six Hundred Fifty Dollars ($650.00), of which Two Hundred Dollars ($200.00) shall be deposited in the Community-based Substance Abuse Revolving Fund.  Provided, a retail dealer licensed pursuant to this subparagraph shall not manufacture more than five thousand (5,000) barrels of low-point beer per year.  A retail dealer, that has obtained a permit pursuant to this subparagraph, may sell low-point beer manufactured by the retail dealer, at any of the retail dealer's places of business, as defined in Section 163.8 of this title, or any other place owned and operated by an entity which has common owners with the licensed dealer, regardless of which place of business brews the beverage.  "Common owners" means that the owners at each place or entity together own more than fifty percent (50%) of the interest in each place or entity that has a permit issued pursuant to this subparagraph.  A retail dealer, that has obtained a permit pursuant to this subparagraph, may sell low-point beer manufactured by the same retailer pursuant to special licenses issued pursuant to subparagraph d of this paragraph,

d. special licenses, as provided, may be issued for the sum of Five Dollars ($5.00) per day for each license; provided, that in the event any state or county fair association shall meet for more than five (5) days in any year, a special license for the sale of such beverages shall be issued for the sum of Twenty-five Dollars ($25.00),

e. each retail dealer who sells such beverages in original packages and not for consumption on the premises, shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of One Hundred Thirty Dollars ($130.00) for each permit issued or renewed on or after July 1, 2003, but prior to July 1, 2006, of which One Hundred Dollars ($100.00) shall be deposited in the Community-based Substance Abuse Revolving Fund.  The fee for every permit issued or renewed on or after July 1, 2006, shall be Two Hundred Thirty Dollars ($230.00), of which Two Hundred Dollars ($200.00) shall be deposited in the Community-based Substance Abuse Revolving Fund.  It shall be unlawful for such off-premise dealer to allow any bottle, can, or original package to be broken or opened, or to allow any of such low-point beer to be consumed, in or upon the premises described in such permit; provided, however, a manufacturer located and doing business in this state and selling its own products for off-premises consumption may serve visitors on the premises free samples of low-point beer produced on the premises provided such samples shall not exceed twelve (12) fluid ounces per customer per visit,  

f. a retail dealer who has obtained a permit pursuant to this paragraph and who ceases to offer low-point beer for sale to the public shall be entitled to receive a refund of the permit fee from the Tax Commission prorated with respect to the amount of time remaining until expiration of the permit, upon surrender of the permit to the Oklahoma Tax Commission.  The manner and prorated refund shall be prescribed by the Tax Commission, and

g. a retail dealer who has obtained a permit pursuant to this paragraph prior to July 1, 2003, shall not be subject to the increased fees provided for in subparagraphs a, b, c or e until the permit is renewed.

Added by Laws 1947, p. 288, § 7, emerg. eff. April 24, 1947.  Amended by Laws 1992, c. 91, § 2, eff. Sept. 1, 1992; Laws 1994, c. 258, § 1, eff. Sept. 1, 1994; Laws 1995, c. 274, § 13, eff. Nov. 1, 1995; Laws 1996, c. 3, § 6, emerg. eff. March 6, 1996; Laws 2000, c. 107, § 1, eff. Nov. 1, 2000; Laws 2000, c. 334, § 3, eff. Nov. 1, 2000; Laws 2003, c. 484, § 3, eff. Nov. 1, 2003; Laws 2004, c. 5, § 25, emerg. eff. March 1, 2004.

NOTE:  Laws 1995, c. 192, § 1 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.  Laws 2000, c. 17, § 1 repealed by Laws 2000, c. 334, § 9, eff. Nov. 1, 2000.  Laws 2003, c. 354, § 1 repealed by Laws 2004, c. 5, § 26, emerg. eff. March 1, 2004.

§37-163.8.  Grant of permits and payment of tax - Renewal - Transfer - Separate places of business - Application for permit - Cancellation.

Prior to applying to the Oklahoma Tax Commission for a permit to engage in the retail sale of low-point beer, the applicant shall first obtain and furnish proof to the Oklahoma Tax Commission of a county permit as required by Section 163.11 of this title.  Said proof shall include the effective and expiration dates of the permit.  On approval of the application and payment of the license tax imposed by Sections 163.1 through 163.21 of this title, the Oklahoma Tax Commission shall grant the applicant a permit to conduct business in the state.  Provided, however, that when a retailer has qualified for and secured a permit to sell low-point beer in original packages only for consumption off the premises and subsequently applies for a permit to sell said beverages on draught and in original packages for consumption on or off the premises, before the expiration of the former permit, the Tax Commission is authorized to credit such retailer with the value of the unused portion of the former permit, prorated in an amount specified by the Oklahoma Tax Commission.  The permit must be renewed and the license tax paid thereafter at the expiration of the preceding permit and license tax period.

The permits issued to retail dealers shall not be transferable from one person to another person, but shall be transferable from one location to another location, provided that such transfer is made with the approval of the Tax Commission and the judge of the district court.

Retail dealers shall be required to secure a permit and must pay a license tax for each place of business at which low-point beer is sold.  "Place of business" as herein used shall mean each room, bar or other service unit from which low-point beer is served, delivered or otherwise furnished.  Provided, retail dealers applying for a special license under the provisions of Section 163.7 of this title shall not be required to obtain a special permit for each bar or service unit within the same enclosed area or within the general vicinity of each other for events held outside a physical structure.

Application for the issuance of the initial and renewal permits required and provided for by this section shall be filed with the Tax Commission and must be accompanied by the required license tax payment in the form of cash, cashier's check, bank draft, or money order payable to the Tax Commission.  Permits shall be issued and renewed in the discretion of the Tax Commission upon full compliance with the provisions of Section 163.1 et seq. of this title by the applicant.  Proof of the issuance of a permit by the district court clerk, including the effective and expiration dates of the permit, shall entitle the applicant to a permit from the Oklahoma Tax Commission and the revocation of any such permit shall be cause for cancellation of the permit issued by the Oklahoma Tax Commission.

Added by Laws 1947, p. 289, § 8.  Amended by Laws 1985, c. 259, § 1, eff. Nov. 1, 1985; Laws 1994, c. 258, § 2, eff. Sept. 1, 1994; Laws 1995, c. 274, § 14, eff. Nov. 1, 1995; Laws 2004, c. 170, § 1, eff. Nov. 1, 2004.

§37163.9.  Operation without permit.

Any person who operates as a retail low-point beer dealer at any time, without having applied to the Commission for an effective permit, may be required to secure a permit and pay the license tax for the balance of the license year from the date on which he or she began operating, and in this event, shall be required to pay fifty cents ($0.50) for each day which he or she operated before applying for a license; provided the first fifteen (15) days of such delinquency shall be exempt from the fifty-cent-per-day penalty, and provided the total penalty shall not exceed the amount of the license fee for the license which is required.  Provided, further, that the said fifty-cent-per-day penalty shall apply likewise to an original applicant and the applicant for a renewal permit and, provided, further, the total penalty shall not exceed the amount of the license fee for the license which is required in case where license is ultimately issued.  Any person who operates as such dealer who has applied for a permit but which said permit is ultimately rejected by the Oklahoma Tax Commission, shall each be liable to the Oklahoma Tax Commission for One Dollar ($1.00) per day for each day of such unauthorized operation, said penalty to be paid on demand of the Oklahoma Tax Commission, and in case of an operator who has applied for a permit, but has been refused, the amount or so much thereof as is necessary of the advanced license fee paid by such applicant, shall be retained by the Oklahoma Tax Commission and applied on the penalty, the remainder of said penalty, if any, to be collected as in case of delinquent tax.  In case the penalty is not equal to the amount of money deposited in advance, then the balance shall be refunded to the applicant.

Added by Laws 1947, p. 290, § 9.  Amended by Laws 1949, p. 278, § 3; Laws 1995, c. 274, § 15, eff. Nov. 1, 1995.

§37163.10.  Taxes and license fees by subdivisions of state.

No tax, license fee, or charge upon the distribution, possession, or handling of low-point beer, as defined by Section 163.2 of this title, shall be levied or collected by any political subdivision of this state, except the sales tax, the general ad valorem tax, and the county low-point beer permit fee.  Municipal corporations may require the payment of an annual license fee of not more than Twenty Dollars ($20.00) from retail dealers, as defined by Section 163.2 of this title, selling low-point beer for consumption on or off the premises, and an annual license fee of not more than Ten Dollars ($10.00) from retail dealers, as defined by Section 163.2 of this title, selling said beverages in original packages and not for consumption on the premises.

Added by Laws 1947, p. 290, § 10.  Amended by Laws 1984, c. 153, § 4, emerg. eff. April 21, 1984; Laws 1995, c. 274, § 16, eff. Nov. 1, 1995.

§37-163.11.  Retail permits from district court clerk.

A.  It shall be unlawful for any person to maintain or operate any place where low-point beer, as herein defined, is sold for consumption on or off the premises without first securing a permit issued by the district court clerk of the county in which the premises are located.

B.  1.  The person applying for a permit must file a verified application every three (3) years and that he or she has never been convicted of violating any of the laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors, or of any of the gambling laws of this state, or of any other state of the United States, within three (3) years immediately preceding the date of his or her petition, or any of the laws commonly called "Prohibition Laws", or had any permit or license to sell low-point beer revoked in any county of this state within twelve (12) months.

2.  A person who has been convicted of a felony shall not be eligible for a permit unless the person received a pardon for the felony or a period of ten (10) years has elapsed since the completion of the sentence imposed for the felony.

C.  No permit shall be issued to sell low-point beer for on-premises consumption unless the person applying for such permit shall have signed an affidavit stating that the location of the building in which low-point beer is to be sold is not prohibited by the provisions of Section 163.27 of this title.

D.  A fee of One Hundred Fifty Dollars ($150.00) shall be charged for the issuance or renewal of such three-year permit, which fee shall be deposited in the county court fund, in addition to other fees required by law.

E.  Upon petition being filed, the district court clerk shall give fifteen (15) days' notice for an initial application, and it is the applicant's responsibility to cause the same to be posted by the entrance on the front of the building in which said low-point beer is to be sold and to file proof of posting in such case; and a copy of said notice shall also be mailed to the district attorney, the sheriff and the chief of police or marshal of any city or town in which said business is to be operated.  Said notice shall contain the name of the applicant and the location of said place of business.  The initial permit shall be valid for a period of three (3) years and shall expire if not renewed with proper showing required by subsection B of this section, and upon payment of proper fees.  A permit may be renewed within ten (10) days of expiration, upon proper application pursuant to subsection B of this section and payment of the proper fees, but without the payment of any late fees.  Provided, however, that if a proper application under subsection B of this section is filed within eleven (11) days but not more than thirty (30) days after the expiration date of the permit, upon payment of a fee of One Hundred Dollars ($100.00) in addition to the initial permit fee, the court clerk is authorized to treat said application as one for renewal and to issue a renewal permit to the applicant, if all requirements have otherwise been met by the applicant.  A renewal permit granted during the thirty-day grace period shall become effective upon the date of its issuance by the court clerk.

F.  A permit issued prior to September 1, 1994, shall be valid until it expires and shall be renewed for a period of three (3) years or until expiration of the sales tax permit issued by the Oklahoma Tax Commission, if any, held by the person at the time of such renewal, whichever is earlier.  The manner and prorated fee for renewals of less than three (3) years shall be prescribed by the court clerk.

G.  A person who has obtained a permit pursuant to this section and who ceases to maintain or operate any place where low-point beer is sold for consumption on or off the premises shall be entitled to receive a refund of the permit fee from the district court clerk prorated with respect to the amount of time remaining until expiration of the permit, upon surrender of the existing permit to the district court clerk.  The manner and prorated refund shall be prescribed by the Administrative Director of the Courts.

H.  If there are no protests and the petition is sufficient on its face, then said permit shall be granted by the district court clerk.  Provided, that if any citizen of the county files a written protest setting forth objections, then the district court clerk shall advise the chief judge who shall assign such petition to a district judge or associate district judge for hearing.

I.  The application for such permit must be verified and in writing, contain the information above required, and must be set for hearing on a date named in the notice required to be posted.

J.  All testimony before the district court shall be under oath.

K.  A judge of the district court, upon five (5) days' notice to the person holding such permit, shall revoke such permit for any one of the following reasons:

1.  Drunkenness of the person holding such permit or permitting any intoxicated person to loiter in or around his or her place of business;

2.  Person under the influence of drugs holding such permit or permitting any drugged person to loiter in or around his or her place of business;

3.  The sale to any person under twenty-one (21) years of age of low-point beer;

4.  Permitting persons under the age of twenty-one (21) in a separate or enclosed bar area which has as its main purpose the selling or serving of low-point beer for consumption on the premises unless said person's parent or legal guardian is present, in violation of the provisions of Sections 241 through 246 of this title;

5.  Nonpayment of any of the taxes or license fees imposed by the provisions of Section 163.1 et seq. of this title on complaint of the Oklahoma Tax Commission;

6.  Violating any of the laws of the state commonly called "Prohibition Laws" or violating any of the gambling laws of the state or permitting anyone to violate any of said laws in such places or violating any of the provisions of Section 163.1 et seq. of this title;

7.  Conviction for the violation of any of the laws of this state or the United States for the sale or possession of intoxicating liquors within three (3) years immediately preceding the issuance of such dealer's license; or

8.  Violating any law pertaining to the use, possession, or sale of drugs or narcotics or the violation of the narcotics laws of the State of Oklahoma or the United States.

L.  After the revocation of any such permit, for any of the above reasons, except paragraph 5 of subsection K of this section for nonpayment of taxes, or license fees, no new permit shall be issued to the same person for the same location or premises prior to the expiration of a period of one (1) year from the date of such revocation.

M.  On or before the tenth day of each month each district court clerk shall file with the Oklahoma Tax Commission, on forms prescribed and furnished by the Commission, a report showing the name, address, and county permit number of each such person to whom a county permit has been issued or whose permit has been revoked, or who shall have been refused a county permit, during the previous calendar month.  In case of the revocation of a permit by a judge of the district court, the district court clerk shall within five (5) days report such action to the Oklahoma Tax Commission.  If county permits shall have been issued, revoked or refused during the month, the district court clerk shall make a report accordingly to the Commission.

N.  Upon application to and approval by the court clerk of the district court, a retail dealer as defined by Section 163.2 of this title who meets the requirements of this section and Section 163.11a of this title may be granted a special event permit without the requirement of notice or posting, after payment of a fee of Twenty-five Dollars ($25.00) in addition to other fees required by law, which fees shall not be refundable or apportionable.  A special event permit issued under this subsection shall authorize the holder thereof to sell and distribute low-point beer for a period not to exceed ten (10) consecutive days from the date of issuance.  A separate permit shall be required for each individual place of business, whether permanent or a temporary assemblage.  Provided, retail dealers shall not be required to obtain a special permit for each bar or service unit within the same enclosed area or within the general vicinity of each other for events held outside a physical structure.  A special event permit shall not be renewable.  A municipality shall not, by ordinance or otherwise, refuse to issue a special event permit or special event license on the basis that the applicant already possesses a permit or license in the applicant's same name.

Added by Laws 1947, p. 291, § 11.  Amended by Laws 1951, p. 109, § 1; Laws 1968, c. 414, § 5, eff. Jan. 13, 1969; Laws 1970, c. 283, § 1, eff. Jan. 1, 1971; Laws 1978, c. 212, § 13, eff. July 1, 1978; Laws 1985, c. 170, § 1, eff. Nov. 1, 1985; Laws 1987, c. 109, § 1, eff. Nov. 1, 1987; Laws 1992, c. 357, § 12, eff. July 1, 1992; Laws 1994, c. 258, § 3, eff. Sept. 1, 1994; Laws 1995, c. 119, § 1, eff. Sept. 1, 1995; Laws 1995, c. 274, § 17, eff. Nov. 1, 1995; Laws 1997, c. 235, § 1, eff. Nov. 1, 1997; Laws 1997, c. 364, § 1, eff. Nov. 1, 1997; Laws 2000, c. 107, § 2, eff. Nov. 1, 2000; Laws 2004, c. 170, § 2, eff. Nov. 1, 2004.

NOTE:  Laws 1987, c. 77, § 1 repealed by Laws 1989, c. 340, § 8, emerg. eff. June 3, 1989 and Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989.

§37-163.11a.  Affidavit by applicant - Residence and authority of corporations.

A.  Every person applying to a district court clerk of this state for a permit to sell low-point beer at retail, as provided for in Section 163.11 of this title, shall by affidavit at the time of applying for said permit and by such further proof as the district court clerk may require, make the following proof:

1.  Noncorporate Persons.  That each applicant for a permit or other individual who has a beneficial interest in the business for which permit is sought, has for at least one (1) year next preceding the filing of the application maintained a bona fide residence in the State of Oklahoma, and is at the time of making said application maintaining and actually residing in a residence in the county or adjoining county in which said application is made; and

2.  Corporate Persons.  That such corporations are duly authorized to transact business in the State of Oklahoma, and that the agent or employees managing or in charge of the place of business for which the permit is sought is maintaining and residing in a residence located in said county, or adjoining county, and that such corporation consents that any and all notices required to be served under the provisions of Section 163.1 et seq. of this title may be served on such resident agent or employee.

B.  Renewal permits may be granted to corporations which have undergone a name change after the initial permit was granted, provided that the new corporation's affidavit and application demonstrate that the corporation has retained the same officers, and that it is otherwise the same corporation which received the initial permit, in addition to payment of proper fees.  The initial permits issued to noncorporate persons which have changed legal identities or entities may be renewed upon proper application demonstrating that the identity of the renewal permit holder is the same as that sought to be renewed, and that the business address is the same, in addition to payment of proper fees.

Added by Laws 1949, p. 278, § 1.  Amended by Laws 1968, c. 414, § 6, eff. Jan. 13, 1969; Laws 1994, c. 258, § 4, eff. Sept. 1, 1994; Laws 1995, c. 274, § 18, eff. Nov. 1, 1995.  Renumbered from § 163.11A of this title by Laws 1997, c. 235, § 5, eff. Nov. 1, 1997.

§37163.12.  Bonds.

Every wholesaler, as herein defined, after applying for a license and before the same is issued by the Tax Commission, shall file with said Commission a surety or collateral or cash bond in such amount as the Commission may prescribe in an amount of not less then One Thousand Dollars ($1,000.00), nor more than Ten Thousand Dollars ($10,000.00) payable to the State of Oklahoma, and conditioned upon compliance with the provisions of the laws of this state relating to the sale of low-point beer, as herein defined, and the rules and regulations of the Oklahoma Tax Commission.

Provided that the Oklahoma Tax Commission after an examination of the books and records, and an inventory of the stock on hand of any wholesaler, may demand an additional bond of such wholesaler in any amount that in the opinion of said Commission is necessary to properly protect the Commission in the collection of the tax herein levied, provided, that said additional bond shall not exceed the sum of Fifteen Thousand Dollars ($15,000.00).  If said additional bond is not posted with the Oklahoma Tax Commission within ten (10) days after notice in writing to the wholesaler, to be served in person or by registered mail addressed to wholesaler at the address of his or her principal place of business, the Tax Commission may, in its discretion, cancel the license of said wholesaler without further notice, and at the same time declare all taxes levied under Section 163.1 et seq. of this title to be immediately due and payable upon all beverages not sold and in the hands of such wholesaler.

In cases where retail dealers, as herein defined, are liable for the payment of the taxes imposed by any law of the state upon the sale of low-point beer, as herein defined, on account of purchases from without the state, or otherwise, where the tax is not paid by the wholesaler or manufacturer, upon demand of the Oklahoma Tax Commission, such retail dealer, as defined herein, shall likewise file with the Tax Commission a surety bond in an amount of not less than One Thousand Dollars ($1,000.00), payable to the State of Oklahoma and conditioned upon compliance with the provisions of the laws of this state relating to the sale of low-point beer, as herein defined, and the rules and regulations of the Oklahoma Tax Commission.

Added by Laws 1947, p. 292, § 12.  Amended by Laws 1949, p. 277, § 2; Laws 1995, c. 274, § 19, eff. Nov. 1, 1995.

§37163.13.  Records of licensees.

Each and every licensee, subject to the payment of a tax hereunder, is hereby required to keep accurate records, covering the business carried on, and shall, for a period of three (3) years, file and keep his invoices or other memoranda, showing all sales or purchases of such beverages, as herein defined; and such invoices, or memoranda, shall at all times be subject to the examination and inspection of any member or agent of the Oklahoma Tax Commission in the enforcement of this act.

§37163.14.  Reports by manufacturers and wholesalers  Records of retail dealers.

A.  Each and every manufacturer shall report to the Commission in writing, under oath, monthly, not later than the tenth of each month, all sales of beverages, as herein defined, made during the preceding month to licensed wholesalers within the State of Oklahoma; and all sales made otherwise, during said period, including those for delivery outside the state.  Such reports shall be upon forms prepared and furnished by said Commission and shall contain such information as may be required by it.

B.  Each wholesaler shall, likewise, report to the Commission, in writing, under oath, not later than the tenth day of each month, each and every sale of beverages, as herein defined, made for delivery outside the state, and shall likewise report the volume of sales to persons within the state.  At the same time each wholesaler shall report to the Commission, in writing, each and every purchase or consignment of beverage received.

C.  Each and every retail dealer shall keep accurate records of all sales of low-point beer, whether purchased or manufactured by the retail dealer, to consumers or users, and of all purchases of such beverages from wholesalers or otherwise; and such records shall be preserved for a period of three (3) years and shall be open to inspection at all times by the Commission or any of its employees.

Added by Laws 1947, p. 292, § 14.  Amended by Laws 1992, c. 91, § 3, eff. Sept. 1, 1992; Laws 1995, c. 274, § 20, eff. Nov. 1, 1995.

§37163.15.  Possession, display, sale or transportation in violation of law - Confiscation  Actions.

It shall be unlawful for any manufacturer, wholesaler or retail dealer of low-point beer, as herein defined, who has in his or her possession, displays or exhibits for sale, sells or transports or causes to be transported, within this state, any low-point beer as herein defined, in violation of any of the provisions of Section 163.1 et seq. of this title or any other law of the state relating to the sale of such low-point beer; and all such low-point beer found in the possession of any such person shall be subject to confiscation and destruction in an action brought in the name of the State of Oklahoma, on relation of district attorney of the county in which said place of business is operated, or in which said low-point beer is found, in the same manner as liquors purchased in violation of laws of the state relating to the purchase, transportation or sale of intoxicating liquors, and the procedure therein provided shall be followed, as nearly as may be practicable, by the district attorney in the enforcement of the provisions of Section 163.1 et seq. of this title.

The State of Oklahoma on relation of the district attorney, is hereby authorized to institute legal action, in any court of competent jurisdiction, against the owner or operator of any automobile, truck or other means of transportation of any low-point beer, as herein defined, who may be in violation of any of the laws of the state relating to the transportation of such beverages, or the identification of such trucks or other means of transportation, or the provisions relating to invoices; and such legal proceedings shall subject any such automobile, truck or other means of transportation so used to confiscation and sale, according to the same procedure now provided by the laws of the State of Oklahoma for sale of vehicles used in violation of such laws prohibiting the possession, transportation or sale of intoxicating liquors.

It shall be the duty of the district attorneys of the respective counties of the state to enforce the provisions of this section, and authority is hereby conferred upon said district attorneys to maintain any suit necessary therefor, in the name of the State of Oklahoma on relation of such district attorneys.

Added by Laws 1947, p. 293, § 15.  Amended by Laws 1995, c. 274, § 21, eff. Nov. 1, 1995.

§37163.16.  Refusal or revocation of license  Grounds  Notice  Order.

Any license issued to a wholesaler or retail dealer, as defined herein, may be refused or revoked by the Oklahoma Tax Commission upon ten (10) days' notice in writing to such wholesaler or retail dealer, and after opportunity to be heard before the said Commission for any of the following reasons:

1.  The refusal by the judge of the district court to issue any permit to a retail dealer, or the cancellation by the judge of the district court of the county permit of any retail dealer;

2.  Nonpayment of delinquent tax, license fee or permit fees or penalties;

3.  Possession or display for sale by any retail dealer of low-point beer, as herein defined, upon which the tax imposed by any law of this state shall not have been paid;

4.  Failure on the part of any wholesaler or retail dealer to comply with all laws, or the regulations prescribed by the Oklahoma Tax Commission pursuant thereto relating to the enforcement duties imposed upon the Oklahoma Tax Commission by Section 163.1 et seq. of this title.

In any case, before a revocation of license by the Commission, any licensee shall be given ten (10) days' notice in writing and an opportunity to be heard shall be afforded, after which order of revocation may be issued by the Oklahoma Tax Commission, and the same shall thereupon become final; except, that no notice or hearing shall be required in case of a revocation by the Oklahoma Tax Commission after county permit has been revoked by the judge of the district court or application for renewal of county permit shall have been refused by the judge of the district court.

Added by Laws 1947, p. 293, § 16.  Amended by Laws 1995, c. 274, § 22, eff. Nov. 1, 1995.

§37163.17.  Injunction.

Upon application in the name of the State of Oklahoma on relation of the Oklahoma Tax Commission, any court of competent jurisdiction in this state shall have jurisdiction, and it shall be its duty to issue an injunction against any manufacturer, wholesaler or retail dealer as defined by this act:

(a) For failure by any taxpayer to pay any tax or penalty imposed or accrued under this act;

(b) For violation of the provisions of this Act or of the rules and regulations prescribed by the Oklahoma Tax Commission pertaining to the enforcement of any tax or penalty imposed by this act.

Laws 1947, p. 294, § 17.  

§37-163.18.  Invoices - Marking trucks and other vehicles - Evading or avoiding payment of tax - Penalty -  Reports by common carriers.

A.  Every wholesaler of low-point beer, as defined by Section 163.1 et seq. of this title, whether acting for himself or herself or for some other person, who sells such beverages for transportation by railroad or other common carrier, or truck or other vehicle, for transportation from any point within this state to any other point within this state for delivery to a duly-licensed retail dealer, shall deliver to such purchaser of the same an invoice covering each purchase, which invoice shall accurately describe the cargo as to quantity, and shall show the date of sale or delivery, the name, location and Tax Commission number of the wholesaler, the name, location and Tax Commission number of the purchaser, the quantity and description of the cargo, the amount of tax thereon and by whom paid.  Every invoice must be identified by consecutive numbers printed on the invoices and every wholesaler must account for each copy of the invoice and each number thereof.  Every wholesaler must retain one copy of each invoice as a part of the permanent records of such wholesaler for a period of at least three (3) years.

B.  Every person who purchases or receives low-point beer, as defined herein, within this state, and transports the same, or causes the same to be transported, from any point within this state to any other point within this state, by railroad or other common carrier, or by truck or other vehicle, must, at all times, while such beverages are in transit, have in his or her possession or in the possession of the carrier or deliverer thereon, an invoice of the load being transported, properly describing the cargo as to quantity, and showing the amount of tax thereon to have been paid, and by whom paid.  Such person must retain each invoice at the location for which the low-point beer permit was issued and such invoices must be retained by the retail dealer as a part of his or her permanent records for a period of at least three (3) years.

C.  Every person who shall purchase, accept or receive, for himself or herself or any other person, any such low-point beer, shall, at the time of delivery or acceptance of such beverages, demand and receive the statement or invoice specified in subsections A and B of this section.

D.  Each and every truck or other vehicle or conveyance used in the transportation of low-point beer, as defined by Section 163.1 et seq. of this title, on or over the roads and highways in this state, except common carrier in the state, and carriers in interstate commerce, and purchasers at retail, as defined in subsection H of this section, must have painted on both front and rear ends of each vehicle, in a conspicuous position, where it may easily be seen and read, in letters and figures at least four (4) inches high, the wholesaler's or retail dealer's license number, preceded by the initials "O.T.C. Bev.".  If a trailer unit is attached, the foregoing initials and number must be painted on the rear end of the last unit.

E.  If any wholesaler or retail dealer, as hereinabove described, causes to be transported, as hereinabove stated, any such low-point beer, or any private carrier or other person employed by such wholesaler or retail dealer, such private carrier or other person shall place upon the truck or the conveyance used, the license number and "O.T.C. Bev." marking of such wholesaler or retail dealer, as hereinabove provided, which provisions, and the provisions relating to invoices, shall apply to such private carrier or other person, who, for the purposes of Section 163.1 et seq. of this title, shall be the agent of such wholesaler or retail dealer.

F.  Any person or persons violating any of the provisions of subsection A, B, C, D or E of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by a term in jail of not exceeding one (1) year, or by both such fine and imprisonment.  The venue for any prosecution arising under this section shall be in the district court of any county in which any of said crimes are committed.

G.  Any person within the State of Oklahoma, while acting for himself or herself or who aids or abets any other person, in purchasing, selling, transporting, delivering or using, any low-point beer, as defined in Section 163.1 et seq. of this title, within the State of Oklahoma, with the intent and purpose of evading or avoiding the payment of the tax on such beverage imposed by law of the state, shall be guilty of a misdemeanor, and upon conviction shall be punished therefor as provided in subsection F of this section.

H.  The provisions of this section, relating to the marking of trucks or other vehicles conveying such low-point beer, shall not be construed to apply to manufacturers or wholesalers delivering beverages from without the state to points within the state, nor to common carriers engaged in shipping such beverages in, into or through the state, in interstate commerce, nor to a purchaser at retail of low-point beer upon which the tax has been paid.

I.  Common carriers transporting low-point beer, as defined by law, to points within the State of Oklahoma, shall furnish monthly reports to the Tax Commission showing the point of origin, the consignor, consignee, the date, and the amount of each shipment or consignment of such beverages so transported.  Failure of any common carrier to comply with this provision shall be deemed a misdemeanor, and upon conviction thereof shall be punished for a misdemeanor as provided for under the general statutes of this state.

Added by Laws 1947, p. 294, § 18.  Amended by Laws 1995, c. 274, § 23, eff. Nov. 1, 1995.

§37-163.18A.  Short title - Extent of statutory regulation.

A.  In order to provide for regulation of the sales and distribution of low-point beer, as defined in Section 163.2 of this title, in this state, the Legislature hereby declares it is necessary to implement the provisions of the Low-Point Beer Distribution Act.  Sections 163.18A through 163.18H of this title shall be known and may be cited as the "Low-Point Beer Distribution Act".

B.  Statutory regulation of the sales and distribution of designated brands in designated territories by wholesalers shall include, but not be limited to:

1.  A requirement for written agreements between a manufacturer and wholesaler designating a specific territory within which the wholesaler may sell the designated brands of the manufacturer;

2.  Provisions for prohibited acts applicable to the wholesaler and manufacturer; and

3.  Provisions for penalties for violations of the provisions of the Low-Point Beer Distribution Act.

Added by Laws 1993, c. 140, § 1, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 24, eff. Nov. 1, 1995.

§37-163.18B.  Duties of manufacturer.

Every manufacturer of low-point beer licensed by the Oklahoma Tax Commission authorizing the licensee to sell its low-point beer in this state shall:

1.  Enter into an agreement with a licensed wholesaler to sell the designated brands of the licensed manufacturer which designates the sales territory of that licensed wholesaler and the designated brands to be sold by the licensed wholesaler.  All such agreements shall specifically authorize the sale of the designated brands by a licensed wholesaler within that sales territory;

2.  Sell its registered and approved designated brands only to a licensed wholesaler with whom that licensed manufacturer has an agreement designating the sales territory of the licensed wholesaler and the designated brands to be sold by the licensed wholesaler;

3.  Authorize only one licensed wholesaler for each designated sales territory.  Such licensed wholesaler shall be the only licensed wholesaler for the designated brands of the authorizing licensed manufacturer within that designated sales territory; and

4.  Designate who is responsible for the distribution of its designated brands.

Added by Laws 1993, c. 140, § 2, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 25, eff. Nov. 1, 1995.

§37-163.18C.  Transportation - Destinations - Conveyance used.

In order to regulate distribution of low-point beer in this state, and assure collection of all applicable taxes and fees, all low-point beer sold in this state by a licensed wholesaler shall only be transported within this state to the licensed address and location of a licensed retailer or between the licensed addresses and locations of licensed retailers by a marked conveyance owned or leased by a licensed wholesaler.

Added by Laws 1993, c. 140, § 3, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 26, eff. Nov. 1, 1995.

§37-163.18D.  Designated sales territories - Presentation without discrimination.

A.  A licensed wholesaler designated as the licensed wholesaler for a low-point beer within a designated sales territory shall present that low-point beer for sale to all licensed retailers within the designated sales territory without discrimination.  A licensed wholesaler shall not sell, supply, or deliver either directly or indirectly through a third party, a low-point beer to a licensed retailer outside of the designated sales territory of the designated wholesaler, nor to any person the licensed wholesaler has reason to believe will sell or supply any quantity of the low-point beer to any retail location outside of the designated sales territory of the designated wholesaler.

B.  All low-point beer shall only be transported by a marked conveyance owned or leased by the licensed wholesaler and operated by the licensed wholesaler or an employee of the wholesaler for the products of a licensed manufacturer within the designated sales territory to the address and location of a licensed retail dealer within that designated sales territory.

C.  Any low-point beer sold by the licensed wholesaler shall not be delivered to, received by, or stored at any place other than the address and location of the licensed retailer for which state and local retail dealer licenses and permits have been issued.

D.  With the approval of the licensed manufacturer, a licensed wholesaler may sell the designated brands to a licensed retailer located in a designated sales territory of another licensed wholesaler if that licensed wholesaler is temporarily unable for any reason to provide the designated brands of the licensed manufacturer within its designated sales territory.

E.  All low-point beer purchased by a licensed wholesaler for resale in this state shall physically come into the possession of the licensed wholesaler and be unloaded in and distributed from the licensed warehouse of the licensed wholesaler located in this state, prior to being resold in this state.

Added by Laws 1993, c. 140, § 4, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 27, eff. Nov. 1, 1995.

§37-163.18E.  Termination, cancellation, or refusal to supply.

A licensed manufacturer may terminate, cancel, or refuse to continue to provide designated brands pursuant to a designated sales territory agreement with any licensed wholesaler who has sold low-point beer supplied by that licensed manufacturer in violation of the provisions of the Low-Point Beer Distribution Act.  Such termination, cancellation, or refusal to supply shall be effective immediately upon receipt of written notification by the offending licensed wholesaler.

Added by Laws 1993, c. 140, § 5, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 28, eff. Nov. 1, 1995.

§37-163.18F.  Rules and regulations.

The Oklahoma Tax Commission shall be responsible for developing and adopting rules and regulations for implementing the provisions of Sections 163.1 through 163.20, 163.22 through 163.25, and 231 of Title 37 of the Oklahoma Statutes, and Sections 1 through 8 of this act.

Added by Laws 1993, c. 140, § 6, eff. Sept. 1, 1993.

§37-163.18G.  Civil actions for damages or injunctive relief.

Any aggrieved person shall have a cause of action for violations of the provisions of the Low-Point Beer Distribution Act and Section 231 of this title and may recover damages or obtain injunctive relief or both.

Added by Laws 1993, c. 140, § 7, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 29, eff. Nov. 1, 1995; Laws 1997, c. 235, § 2, eff. Nov. 1, 1997.

§37-163.18H.  Penalties - Remedies available to manufacturer or wholesaler.

A.  In addition to any other powers conferred on the Oklahoma Tax Commission to impose penalties for violations of Sections 163.1 through 163.25 and 231 of this title, whenever in the judgment of the Commission any person has committed an act which constitutes a violation of the Low-Point Beer Distribution Act and Section 231 of this title, the Commission may:

1.  After notice and hearing, issue a cease and desist order to any person that is licensed as a manufacturer or wholesaler;

2.  Impose a fine of not more than Five Thousand Dollars ($5,000.00) for each violation in the event that after the issuance of an order to cease and desist the illegal activity, the person that the order is directed to commits any act in violation of the order; and

3.  Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Commission that such violations have occurred, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond.

B.  Each day a violation is continuing shall constitute a separate offense.

C.  Administrative fines imposed pursuant to the provisions of this section shall be enforceable in the district courts of this state.

D.  All administrative fines collected by the Commission pursuant to the provisions of this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund.

E.  Any manufacturer or wholesaler injured by a violation of the Low-Point Beer Distribution Act may:

1.  Bring an action for recovery of damages.  Judgment shall be entered for actual damages plus reasonable attorney's fees and costs; and

2.  Bring an action to restrain and enjoin the violation of the Low-Point Beer Distribution Act.

Added by Laws 1993, c. 140, § 8, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 274, § 30, eff. Nov. 1, 1995; Laws 1997, c. 235, § 3, eff. Nov. 1, 1997.

§37163.19.  Labels  Signs  Misrepresentations.

A.  No low-point beer, as herein defined, may be sold by any licensed wholesaler or retail dealer, unless a label or other device is affixed or attached to each bottle, keg, or other container from which such beverage is immediately consumed or served, bearing the trade name of such beverage and the name and address of the manufacturer thereof.  No retail dealer shall sell or dispense any beverage, as defined herein, from draught or in bulk, and not in the manufacturer's original container, unless each faucet, draught arm, or other dispensing apparatus is equipped with a sign clearly indicating the name of brand of the beverage being at the time dispensed through or by means of such faucet, draught arm, or other apparatus, and which sign shall be in legible lettering and in full sight of the purchaser.

B.  No person shall:

1.  Transfer to any bottle, keg, or other container, any label originally attached to any bottle, keg, or other container as required by subsection A of this section;

2.  Print, use, utter, or attach to any such container any false label or descriptive device in imitation of or substitute for such label or device;

3.  Attach to any container of any substitute for any such beverage, as defined, by Section 163.1 et seq. of this title, the trade name or label of any manufacturer or wholesaler; or

4.  Attach to any container of such beverage any label or device which misrepresents the contents of such container or in any manner indicates the alcoholic content of said beverage or which by wording, lettering, numbering or illustration, or in any manner carries any reference, allusion, or suggestion as to the alcoholic strength of such beverage in excess of three and two-tenths percent (3.2%) by weight, or upon which appears any such word or combination of words, or abbreviations thereof, as "strong", "full strength", "high test", "high proof", "prewar strength", "full old-time alcoholic strength", or any words or figures or other marks or characters alluding or referring to "proof", "balling", or "extract" contents of the beverage, or which bears a label that is untrue in any particular, or which directly, or by ambiguity, omission, or inference tends to create a misleading impression or causes or is reasonably calculated to cause deception of the consumer or purchaser with respect to such beverage.

C.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year or shall be punished by both such fine and imprisonment.

Added by Laws 1947, p. 295, § 19.  Amended by Laws 1985, c. 259, § 2, emerg. eff. July 15, 1985; Laws 1995, c. 274, § 31, eff. Nov. 1, 1995.

§37-163.20.  Sale or shipment of low-point beer - Violations - Penalties.

A.  Any person who shall engage in the sale of low-point beer in violation of the provisions of Sections 163.1 through 163.25 of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for such misdemeanor as provided for by the general statutes of this state.

B.  Any person who engages in the sale or shipping of low-point beer in violation of the provisions of Section 1 of this act on or after the effective date of Section 20.1 of Title 21 of the Oklahoma Statutes, upon conviction, shall be guilty of a Schedule G felony if the sale or delivery is made to a person under twenty-one (21) years of age, or a misdemeanor if the sale or delivery is made to a person twenty-one (21) years of age or older.  Any person who engages in the sale or shipping of low-point beer in violation of the provisions of Section 1 of this act before the effective date of Section 20.1 of Title 21 of the Oklahoma Statutes shall be guilty of a felony punishable by imprisonment for not more than two (2) years, if the sale or delivery is made to a person under twenty-one (21) years of age, or a misdemeanor, if the sale or delivery is made to a person twenty-one (21) years of age or older.  The fine for a violation of Section 1 of this act shall be not more than Five Thousand Dollars ($5,000.00).  In addition, if such person holds a permit issued by the Oklahoma Tax Commission pursuant to Section 163.7 of this title, the permit shall be revoked pursuant to the procedures set forth in Section 163.18H of this title.

Added by Laws 1947, p. 296, § 20.  Amended by Laws 1995, c. 274, § 32, eff. Nov. 1, 1995; Laws 1998, c. 302, § 2, eff. Nov. 1, 1998.

§37163.22.  Prices charged by manufacturers not to exceed those charged in adjoining states.

No manufacturer of low-point beer, as defined by Section 163.2 of this title, may sell or offer for sale in this state any low-point beer as so defined, at prices higher than the lowest price at which the specific, or comparable, item is being currently sold or offered for sale to any wholesaler anywhere in any state which adjoins the State of Oklahoma.

Added by Laws 1972, c. 44, § 1, emerg. eff. March 9, 1972.  Amended by Laws 1995, c. 274, § 33, eff. Nov. 1, 1995.

§37163.23.  Penalties.

Failure on the part of any manufacturer to comply with the provisions of Section 1 hereof shall subject such manufacturer to the revocation of permit by the Oklahoma Tax Commission under penalties and procedures set forth in Section 163.16, Title 37 of the Oklahoma Statutes, and penal provisions provided by Section 163.20, Title 37 of the Oklahoma Statutes.

Laws 1972, c. 44, § 1, emerg. eff. March 9, 1972.  

§37-163.24.  Repealed by Laws 1999, c. 391, § 5, eff. July 1, 1999.

§37-163.25.  Sale of low-point beer in motion picture theaters.

No retail license or permit to sell low-point beer shall be issued for any establishment that functions as a motion picture theater.  If an establishment, which has functioned for some other purpose, has been licensed to sell such beverages and subsequently is operated as a motion picture theater, the license or permit shall be revoked.

Added by Laws 1989, c. 340, § 2, emerg. eff. June 3, 1989.  Amended by Laws 1995, c. 274, § 35, eff. Nov. 1, 1995.

§37-163.26.  Retail sale or shipment of low-point beer from outside state to persons located in state.

No person shall manufacture, sell, possess, store, import into or export from this state, transport, or deliver any low-point beer except as specifically provided in this title.  It is unlawful for any manufacturer, wholesaler or retailer of low-point beer, located and doing business from outside this state, to make retail sales of low-point beer to purchasers located in this state or to ship low-point beer sold at retail to persons located in this state.

Added by Laws 1998, c. 302, § 1, eff. Nov. 1, 1998.

§37-163.27.  Location of low-point beer licensee for on-premises consumption - Prohibitions.

It shall be unlawful for any place which has received a permit or which has been licensed to sell low-point beer and which has as its main purpose the selling or serving of low-point beer for consumption on the premises to be located within three hundred (300) feet of any public or private school or church property primarily and regularly used for worship services and religious activities.  The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such place which has received a permit or which has been licensed to sell low-point beer.  The provisions of this section shall not apply to places which have received a permit or which have been licensed to sell low-point beer for on-premises consumption prior to the effective date of this act.  If any school or church shall be established within three hundred (300) feet of any place subject to the provisions of this section after such place has received a permit or been licensed, the provisions of this section shall not be a deterrent to the renewal of such permit or license if there has not been a lapse of more than sixty (60) days.  When any place subject to the provisions of this section which has a permit or license to sell low-point beer for on-premises consumption changes ownership or the operator thereof is changed, and such change results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license or permit to the new owner or operator if he or she is otherwise qualified.

If an establishment selling low-point beer also is the holder of a mixed beverage or beer and wine license issued by the Alcoholic Beverage Laws Enforcement Commission, the establishment shall be subject to the zoning provisions of Section 3 of this act rather than the provisions of this section.

Added by Laws 1999, c. 391, § 3, eff. July 1, 1999.

§37-163.28.  Sale for consumption off the premises - Fines.

A.  This section applies to a licensee or permittee who is authorized to sell low-point beer to an ultimate consumer for consumption off the premises.

B.  The holder of a license or permit described in subsection A of this section may resell low-point beer only in the packaging in which the holder received the low-point beer or may resell the contents of the packages as individual containers.

C.  Except for purposes of resale as individual containers, a licensee or permittee shall not:

1.  Mutilate, tear apart, or cut apart original packaging in which low-point beer was received; or

2.  Repackage low-point beer in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

D.  The Oklahoma Tax Commission shall impose the following penalties for a violation of subsection B or C of this section:

1.  After notice and hearing, immediately revoke the license or permit of the licensee or permittee committing the violation; and

2.  Impose a fine of not more than One Thousand Dollars ($1,000.00) for each violation.

Any licensee or permittee whose license or permit is revoked pursuant to this subsection shall not be eligible to reapply for a license for at least three (3) months from the date of the revocation.  Any stock of low-point beer in the possession of such licensee or permittee shall be repurchased by the wholesaler.

E.  Administrative fines collected pursuant to this section shall be enforceable in the district courts of this state.  All administrative fines collected by the Oklahoma Tax Commission pursuant to this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund.

F.  To assure and control quality, the holder of a distributor's license or wholesaler's permit, at the time of a regular delivery, may withdraw with the permission of the retailer, a quantity of low-point beer in undamaged original packaging from the retailer's stock if:

1.  The distributor or wholesaler replaces the stock with low-point beer of identical brands, quantities, and packages as the low-point beer withdrawn;

2.  The stock is withdrawn before the date, or immediately after the date considered by the manufacturer of the product to be the date the product becomes inappropriate for sale to a consumer.

G.  A consignment sale of low-point beer is not authorized under subsection F of this section.

Added by Laws 2000, c. 107, § 3, eff. Nov. 1, 2000.

§37-163.29.  Identification seals on kegs - Sale records - Violations - Penalties.

A.  For purposes of this section:

1.  "Beer keg" means any brewery-sealed, single container that contains not less than four (4) gallons of low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes;

2.  "Licensed retailer" means a retail dealer licensed to sell low-point beer in original containers for consumption off the premises;

3.  "Commission" means the Oklahoma Tax Commission; and

4.  "Identification seal" means any device approved by the Commission which is designed to be affixed to beer kegs and which displays an identification number and any other information as may be prescribed by the Commission.

B.  No licensed retailer shall sell beer kegs unless that retailer affixes an identification seal to each beer keg.  An identification seal shall consist of durable material as determined by the Commission that is not easily removed or destroyed.  Identification seals used may contain a nonpermanent adhesive material in order to apply the seal directly to an outside surface of a beer keg at the time of sale.  Identification seals shall be attached to beer kegs at the time of sale as determined by the Commission.  The identification information contained on the seal shall include the licensed retailer's name, address, beer license number, and telephone number; a unique beer keg number assigned by the licensed retailer; and a prominently visible warning that intentional removal or defacement of the seal is a misdemeanor.  Upon return of a beer keg to the licensed retailer that sold the beer keg and attached the identification seal, the licensed retailer shall be responsible for the complete and thorough removal of the entire identification seal, and any adhesive or attachment devices of the seal.  The seal beer keg identification number must be kept on file with the retailer for not less than one (1) year from the date of return.

C.  A licensed retailer shall not sell a beer keg unless the beer keg has attached a seal complying with the standards established by subsection B of this section.

D.  1.  A licensed retailer who sells a beer keg must at the time of the sale record:

a. the purchaser's name and address and the number of the purchaser's driver license, identification card issued by the Department of Public Safety, military identification card, or valid United States or foreign passport,

b. the date and time of the purchase,

c. the beer keg identification seal number required by subsection B of this section, and

d. the purchaser's signature.

2.  The record shall be retained for not less than one (1) year after the date of the sale.

E.  A licensed retailer required to retain records under subsection D of this section shall make the records available during regular business hours for inspection by a law enforcement officer or an agent of the Commission.

F.  1.  A person required to record information under subsection D of this section shall not knowingly make a materially false entry in the book or register required under subsection D of this section.  In a prosecution under this subsection, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of a beer keg.

2.  No person other than a licensed retailer, a licensed wholesaler of low-point beer, a law enforcement officer, or an agent of the Commission may intentionally remove a seal placed on a beer keg in compliance with subsection C of this section.  No person may intentionally deface or damage the seal on a beer keg to make it unreadable.

3.  Any person who purchases a beer keg and who fails to return the keg or who returns a keg with a damaged or missing seal shall be subject to a fine of Five Hundred Dollars ($500.00).

4.  Any licensed retailer who fails to report an individual provided for in paragraph 3 of this subsection to law enforcement shall be guilty of a misdemeanor and shall be subject to fines of not less than Five Hundred Dollars ($500.00) for first and second offenses.  A third violation by a licensed retailer of the provisions of this paragraph shall result in the revocation of the retailer's license to sell low-point beer for up to one (1) year.

G.  Any person who purchases a beer keg which is subsequently stolen from such person shall not be liable for any penalty imposed pursuant to the provisions of this section if such person properly reported the theft of the beer keg to law enforcement authorities within twenty-four (24) hours of the discovery of the theft.

H.  The Commission shall promulgate rules for the implementation and application of this section.

Added by Laws 2003, c. 156, § 1, eff. Nov. 1, 2003.

§37213.  Hours during which sale prohibited - Penalties.

A.  It shall be unlawful for any place licensed to sell beverages containing more than onehalf of one percent (1/2 of 1%) of alcohol by volume and not more than three and twotenths percent (3.2%) of alcohol by weight to sell, dispense, or serve such beverages for consumption on the premises between the hours of two o'clock a.m. and seven o'clock a.m. or allow such beverages to be consumed on the premises between the hours of two o'clock a.m. and seven o'clock a.m. excepting Saturday nights when such beverages may not be sold, dispensed, served, or consumed on the premises between the hours of two o'clock a.m. and twelve o'clock noon on Sundays; provided, the governing body of any city or town is hereby authorized to prohibit, by ordinance regularly enacted, the sale, dispensing, serving, and consumption of such beverages between the hours of two o'clock a.m. on Sunday and seven o'clock a.m. of the following Monday.

B.  It shall be unlawful for any place that is a commercial premises to allow beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) of alcohol by weight to be consumed on such commercial premises between the hours of two o'clock a.m. and seven o'clock a.m.  As used in this subsection, "commercial premises" means a location or establishment at which this type of business or activity is carried on for profit.

C.  Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.  In addition, such violation shall be grounds for revocation of any license or permit for the sale of such beverages, as and in the manner provided by law.

Added by Laws 1943, p. 109, § 3.  Amended by Laws 1953, p. 139, § 1; Laws 1985, c. 128, § 1, emerg. eff. June 5, 1985; Laws 1991, c. 100, § 1, eff. Sept. 1, 1991; Laws 2000, c. 50, § 1, emerg. eff. April 14, 2000.

§37-213.1.  Sale of low-point beer - Prohibited performances, displays or acts - Penalties.

A.  No owner, operator, partner, manager, or person having supervisory control of any establishment licensed to sell low-point beer shall permit any of the following on or about any commercial premises where low-point beer is dispensed or consumed:

1.  The performance by any person of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are otherwise prohibited by law;

2.  The actual intentional touching or caressing or fondling by any person of the breasts, anus or genitals;

3.  Any person on the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, buttocks or genitals; or

4.  Any person to perform acts of, or acts which simulate, sexual acts which are prohibited by law, or permit any person to use artificial devices or inanimate objects to depict any prohibited activities or permit the showing of films, still pictures, electronic reproductions or other visual reproductions depicting any of the prohibited activities described in this paragraph.

B.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) for each offense.  Each act in violation of any provision of this section shall be deemed a separate offense.  Conviction for the violation of the provisions of this section shall be sufficient grounds for revocation by the judge of the district court of any license held by such person authorizing the sale of low-point beer or intoxicating beverages.

Added by Laws 1988, c. 295, § 1, emerg. eff. July 1, 1988.  Amended by Laws 1995, c. 274, § 36, eff. Nov. 1, 1995.

§37-213.2.  Sale of low-point beer in establishments permitting persons who are unclothed or partially unclothed - Penalty.

A.  No owner, operator, partner, manager, or person having supervisory control of any establishment that permits any person on the premises who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, buttocks or genitals, shall permit low-point beer, as defined by Section 163.2 of this title, on or about the premises.

B.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) for each offense.  Each act in violation of this section shall be deemed a separate offense.

Added by Laws 1989, c. 340, § 3, emerg. eff. June 3, 1989.  Amended by Laws 1995, c. 274, § 37, eff. Nov. 1, 1995.

§37215.  Licenses not issued for prohibited places.

No original or renewal license shall be issued, pursuant to the laws of this state, to any applicant for the sale of such beverages defined in Section 1 hereof, at any place wherein the sale of such beverages is forbidden in Section 1 and Section 2 of this act.

Laws 1943, p. 109, § 5.  

§37216.  Exception as to hotels, private dances, drug stores, cafes and restaurants.

The limitations on the sale of beverages and issuance of licenses therefor, contained in Section 1, 2 and 5 of this act, shall not be applicable to hotels legally licensed to sell such beverages on the 15th day of March, 1943, nor as they relate to dancing in private homes, or to private dances conducted for recreational purposes and not for profit by bona fide lodges, posts, clubs, fraternal, benevolent, or charitable organizations; nor shall the provisions of this act prevent the sale or licensing of the sale of such beverages in drug stores, cafes or restaurants selling food for consumption on the premises, in which drug stores, cafes or restaurants dancing is not conducted or permitted.

Laws 1943, p. 109, § 6.  

§37217.  Punishment for violations.

Any person violating any provision of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment; and such violation shall be additional grounds for revocation of any license or permit for the sale of such beverages, as and in the manner provided by law.

Laws 1943, p. 109, § 7.  

§37219.  Municipalities  Authorization to enact ordinances regulating nudity or drink solicitation in certain establishments.

All municipalities of this state may enact ordinances prohibiting or regulating nudity or drink solicitation in establishments licensed to sell beverages containing more than onehalf of one percent (1/2 of 1%) of alcohol by volume and not more than three and twotenths percent (3.2%) of alcohol by weight, for consumption on the premises of said establishments.

Added by Laws 1987, c. 90, § 1, eff. Nov. 1, 1987.  

§37-219.1.  Sale of low-point beer for off-premises consumption - Hours - Penalties - Revocation of license or permit.

The sale of low-point beer, as defined in Section 163.2 of this title, for off-premises consumption is hereby prohibited between the hours of two o'clock a.m. and six o'clock a.m. of the same day.  Any holder of a retail license or permit to sell low-point beer, or an employee or agent of a holder of such a license or permit, who sells low-point beer in violation of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.  Such violation shall be additional grounds for revocation of any license or permit for the sale of low-point beer, as and in the manner provided by law.

Added by Laws 1995, c. 274, § 58, eff. Nov. 1, 1995.  Amended by Laws 1996, c. 188, § 1, eff. Nov. 1, 1996.

§37-220.  Sale of low-point beer on-premises - Prohibiting certain acts - Penalties.

A.  No owner, operator, partner, manager, agent, employee, or person having supervisory control of any establishment licensed to sell low-point beer for consumption on the premises and subject to the provisions of subsection B of Section 246 of Title 37 of the Oklahoma Statutes shall:

1.  Sell or offer to sell to any person or group of persons any low-point beer at a price less than the price regularly charged for low-point beer during the same calendar week, except at private functions not open to the public;

2.  Sell or offer to sell to any person an unlimited number of drinks of low-point beer during any set period of time for a fixed price, except at private functions not open to the public; or

3.  Sell or offer to sell low-point beer to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public.

B.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) for each offense.  Each act in violation of this section shall be deemed a separate offense.

Added by Laws 2005, c. 178, § 1, eff. Nov. 1, 2005.

§37-231.  Unlawful acts.

A.  It shall be unlawful for any person, firm, corporation, or others associated therein or employed thereby, engaged in business as a manufacturer, importer, or wholesaler, or other holder of a basic permit from the United States Secretary of the Treasury, of low-point beer, individually or through or by affiliates, subsidiaries, associates, agents, or stockholders, directly or indirectly, to do or cause to be done any of the following acts:

1.  Acquire, hold, or own any interest in the permit, license, premises, or business of a retail dealer in low-point beer;

2.  Acquire, hold, or own any interest in the real or personal property owned, occupied, or used by a retail dealer in low-point beer in the conduct of his or her business;

3.  Furnish, give, rent, lend, or sell to a retail dealer in low-point beer any equipment, fixture, outdoor advertising structures, supplies, or other things having a real or substantial value.  Provided that this paragraph shall not be construed to prohibit the furnishing of normal point of purchase advertising matter to such retail dealer in low-point beer;

4.  Pay or credit a retail dealer in low-point beer for any advertising display or distribution service;

5.  Guarantee or procure another to guarantee any loan or the payment of any financial obligation of a retail dealer in low-point beer;

6.  Extend credit to a retail dealer in low-point beer;

7.  Offer or give any bonus, premium, or compensation to an officer, employee, associate, relative, or representative of a retail dealer in low-point beer;

8.  Sell, offer for sale, or contract to sell to any retail dealer in low-point beer any low-point beer on consignment, or with the privilege of return, or on any basis other than a bona fide cash sale;

9.  Use or employ any device or scheme to subsidize in any manner any retail dealer in low-point beer; or

10.  Permit any retail dealer in low-point beer to do for such brewer, importer, wholesaler, or other holder of a basic permit from the United States Secretary of the Treasury, of low-point beer any of the above acts hereby made unlawful to be done on behalf of such retail dealer in low-point beer.

B.  The provisions of this section shall not preclude a retail dealer from manufacturing low-point beer for consumption on or off the licensed premises of the retail dealer.  As used in this subsection, "licensed premises" means any place of business, as defined by Section 163.8 of this title, for which a retail dealer has obtained a permit pursuant to subparagraph c of paragraph 3 of Section 163.7 of this title or any location for which a retail dealer has obtained a special license pursuant to subparagraph d of paragraph 3 of Section 163.7 of this title.

C.  Outright one-hundred percent (100%) ownership of a retail business by an in-state manufacturer or an in-state manufacturer with a wholesaler permit is not an interest which results in a violation of this section.  An in-state manufacturer or an in-state manufacturer with a wholesaler permit shall not sell at its own retail business more than five thousand (5,000) barrels annually of low-point beer it produces.

Added by Laws 1947, p. 297, § 1.  Amended by Laws 1992, c. 91, § 4, eff. Sept. 1, 1992; Laws 1995, c. 274, § 38, eff. Nov. 1, 1995; Laws 1996, c. 3, § 7, emerg. eff. March 6, 1996; Laws 2000, c. 17, § 2, eff. July 1, 2000; Laws 2003, c. 484, § 4, eff. Nov. 1, 2003; Laws 2005, c. 479, § 1, eff. July 1, 2005.

NOTE:  Laws 1995, c. 192, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.

§37232.  Violations.

Any violation of this act shall be a misdemeanor on the part of all persons participating therein, and upon final conviction thereof each person shall pay a fine of Five Hundred Dollars ($500.00) for the first offense, and One Thousand Dollars ($1000.00) for each subsequent offense.

Laws 1947, p. 298, § 2.  

§37233.  Application of law  Partial invalidity.

The provisions of Section 231 et seq. of this title shall apply to the business of dealing in low-point beer only, and if any section, sentence, subdivision, or clause hereof shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of Section 231 et seq. of this title.

Added by Laws 1947, p. 298, § 3.  Amended by Laws 1995, c. 274, § 39, eff. Nov. 1, 1995.

§37-241.  Sale, barter or gift to person under 21 years of age.

A.  It shall be unlawful for any person to sell, barter, or give to any person under twenty-one (21) years of age any low-point beer, as defined in Section 163.2 of this title.

B.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer for consumption on the premises, or any agent, servant, or employee of said license holder, to permit any person under twenty-one (21) years of age to be admitted to or remain in a separate or enclosed bar area of the licensed premises unless said person's parent or legal guardian is present, which has as its main purpose the selling or serving of low-point beer for consumption on the premises.  The provisions of this section shall not prohibit persons under twenty-one (21) years of age from being admitted to an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, as long as persons under twenty-one (21) years of age are not sold or served said beverages; however, the incidental service of food in the bar area shall not exempt a licensee, agent, servant, or employee from the provisions of this section.

C.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer, for consumption on the premises, or any agent, servant or employee of said license holder to permit any person under twenty-one (21) years of age to consume any low-point beer on the licensed premises.

D.  Any person violating the provisions of subsection A, B or C of this section shall upon conviction be guilty of a misdemeanor.

Added by Laws 1953, p. 140, § 1.  Amended by Laws 1983, c. 98, § 1; Laws 1985, c. 170, § 2, eff. Nov. 1, 1985; Laws 1990, c. 209, § 2, emerg. eff. May 14, 1990; Laws 1991, c. 100, § 2, eff. Sept. 1, 1991; Laws 1995, c. 274, § 40, eff. Nov. 1, 1995.

§37-243.  Employment of persons under 18 years of age in place where low-point beer is sold or dispensed.

A.  It shall be unlawful for any person under eighteen (18) years of age to be employed or permitted to work, in any capacity whatsoever, in a place where low-point beer is sold or dispensed for consumption on the premises.

B.  It shall be unlawful for any person under the age of majority to be employed or permitted to work, in any capacity whatsoever, in the separate or enclosed bar area of a place where the main purpose of the area is the sale or consumption of low-point beer.  The provisions of this subsection shall not apply to any area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose; however, the incidental service of food in the bar area shall not exempt a holder of a license to sell low-point beer for consumption on the premises from the provisions of this subsection.

C.  A parent as regards the employment of his or her own child or children is excepted from the provisions of this section, provided that such employment shall in no capacity whatsoever be related to the selling or dispensing of such beverages.

D.  The provisions of subsection A of this section shall not apply to any business or establishment where sales of said beverages do not exceed twenty-five percent (25%) of the gross sales of the business or establishment.

Added by Laws 1957, p. 410, § 1.  Amended by Laws 1983, c. 98, § 2; Laws 1985, c. 170, § 3, eff. Nov. 1, 1985; Laws 1995, c. 274, § 41, eff. Nov. 1, 1995.

§37244.  Violation as grounds for license revocation  Responsibility for violations committed by servants, agents, employees or representatives.

A.  The violation by any person of the provisions of Sections 241 or 243 of this title or any statute pertaining to the sale of low-point beer, as defined in Section 163.2 of this title, shall be sufficient ground for revocation by the judge of the district court of any permit held by such person authorizing the sale of low-point beer.  The permit shall be revoked if the person is convicted of a violation of the provisions of Section 241 or 243 of this title after a prior conviction of the provisions of Section 241 or 243 of this title.  No new permit shall be issued to such person or to a relative of such person for a period of twelve (12) months after such revocation.  The permit shall be revoked if a servant, agent, employee or representative of the permit holder is convicted of a violation of the provisions of Section 241 or 243 of this title after that person has been convicted of a prior violation of the provisions of Section 241 or 243 of this title within the previous twelve (12) months.

B.  Each holder of a retail license or permit to sell and dispense low-point beer, as defined in Section 163.2 of this title, shall be held responsible for any violation of Section 241 or 243 of this title committed by a servant, agent, employee or representative of the license or permit holder.

Added by Laws 1957, p. 410, § 2.  Amended by Laws 1983, c. 98, § 3; Laws 1989, c. 340, § 4, emerg. eff. June 3, 1989; Laws 1995, c. 274, § 42, eff. Nov. 1, 1995; Laws 1996, c. 188, § 2, eff. Nov. 1, 1996.

§37-246.  Consumption of low-point beer or entry into bar area by persons under 21 years of age.

A.  No person under twenty-one (21) years of age shall consume or possess with the intent to consume low-point beer, as defined in Section 163.2 of this title.  It shall be unlawful for any person under twenty-one (21) years of age to purchase or attempt to purchase low-point beer, as defined in Section 163.2 of this title, except under supervision of law enforcement officers.  Any person violating any of the provisions of this section shall be guilty, upon conviction, of a misdemeanor and punished by a fine not to exceed One Hundred Dollars ($100.00) or by appropriate community service not to exceed twenty (20) hours.  Provided, the provisions of this section shall not apply when such persons are under the direct supervision of their parent or guardian, but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense low-point beer as provided in Section 163.11 of this title.

B.  If the premises of a holder of a license to sell low-point beer contains a separate or enclosed bar area which has as its main purpose the sale or serving of low-point beer for consumption on the premises, no person under twenty-one (21) years of age shall enter, attempt to enter, or remain in said area.  The provisions of this subsection shall not prohibit persons under twenty-one (21) years of age from entering or remaining in an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, if the persons under twenty-one (21) years of age are not sold or served or do not consume low-point beer anywhere on the premises; however, the incidental service of food in the bar area shall not exempt persons under twenty-one (21) years of age from the provisions of this subsection.  Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine not to exceed One Hundred Dollars ($100.00).

C.  Except as otherwise provided, an admission charge shall not be considered in any calculation designed to determine the main purpose of an area pursuant to subsection B of this section.  For purposes of this section, an "admission charge" shall mean any form of consideration received by an establishment from a person in order for that person to gain entry into the establishment or an area thereof.

D.  The provisions of subsection C of this section shall not apply:

1.  If only persons eighteen (18) years of age or older are permitted to enter the licensed premises;

2.  If the licensed premises are owned or operated by a service organization or fraternal establishment which is exempt under Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or

3.  To a public event held in a facility owned or operated by any agency, political subdivision or public trust of this state.

E.  A violation of the provisions of this section shall not be a basis for instituting juvenile proceedings to determine if a person under eighteen (18) years of age is a delinquent child; however, if a person under eighteen (18) years of age habitually violates the provisions of this section, juvenile proceedings may be brought to determine if the person is a delinquent child.  A person under eighteen (18) years of age who has been convicted of violating the provisions of this section shall be subject to the penalty provisions provided in this section.

Added by Laws 1981, c. 102, § 1.  Amended by Laws 1983, c. 98, § 4; Laws 1985, c. 9, § 1, eff. Nov. 1, 1985; Laws 1985, c. 170, § 4, eff. Nov. 1, 1985; Laws 1990, c. 209, § 3, emerg. eff. May 14, 1990; Laws 1990, c. 267, § 1, emerg. eff. May 25, 1990; Laws 1995, c. 274, § 43, eff. Nov. 1, 1995; Laws 1997, c. 364, § 2, eff. Nov. 1, 1997; Laws 2000, c. 118, § 1, eff. Nov. 1, 2000.

§37-247.  Furnishing low-point beer to intoxicated person - Penalties - Revocation of license or permit.

No holder of a retail license or permit to sell low-point beer, or an employee or agent of a holder of such a license or permit, shall knowingly, willfully and wantonly sell, deliver or furnish low-point beer to an intoxicated person.  Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.  Such violation shall be additional grounds for revocation of any license or permit for the sale of low-point beer as and in the manner provided by law.

Added by Laws 1996, c. 188, § 3, eff. Nov. 1, 1996.

§37501.  Repeal.

37 O.S.1951, Sections 1 through 7 and 9 through 131, as amended, and all laws or parts of laws in conflict with this act are hereby repealed.

Laws 1959, p. 141, § 1.  

§37502.  Citation.

Sections 2 through 105 of this act and Sections 504, 516, 533, 543.1, 562 and 566 of this title shall be known and may be cited as the "Oklahoma Alcoholic Beverage Control Act".

Amended by Laws 1985, c. 6, § 2, emerg. eff. March 14, 1985.  

§37503.  Exercise of police power  Ordinances.

A.  The Oklahoma Alcoholic Beverage Control Act shall be deemed an exercise of the police power of the State of Oklahoma for the protection of the welfare, health, peace, temperance and safety of the people of the state, and all the provisions hereof shall be construed for the accomplishment of that purpose.

B.  Municipalities are authorized to enact ordinances consistent with the provisions of the Oklahoma Alcoholic Beverage Control Act.  In municipalities with populations of thirtyfive thousand (35,000) or more these ordinances may provide for maximum penalties of fines not to exceed One Thousand Dollars ($1,000.00) plus court costs, and imprisonment not to exceed ninety (90) days, or both such fine and imprisonment.

C.  All municipalities of this state may enact ordinances prohibiting or regulating nudity or drink solicitation in establishments licensed pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act.

D.  The provisions of this section shall not authorize any city or town to regulate by ordinance or issue any licenses for activities for which a license is required to be issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act.

Amended by Laws 1985, c. 6, § 3, emerg. eff. March 14, 1985; Laws 1985, c. 195, § 1, emerg. eff. June 26, 1985.  

§37504.  Beverages subject to act  Exemptions.

All alcoholic beverages as herein defined except alcohol produced for use as a motor fuel under a permit issued by the State Department of Agriculture shall be subject to the provisions of the Oklahoma Alcoholic Beverage Control Act.

Laws 1959, p. 142, § 4; Laws 1980, c. 2, § 9, emerg. eff. Feb. 6, 1980.  

§37-505.  Manufacture, sale, possession, shipment, etc. prohibited except as provided in act - Exceptions - Penalties.

A.  No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport, or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act.  Provided, that nothing herein shall prevent the possession and transportation of alcoholic beverages for the personal use of the possessor, his family and guests, so long as the Oklahoma excise tax has been paid thereon, except for beer. Provided, that nothing herein shall prevent the making of cider or of wine, not to exceed two hundred (200) gallons in any one (1) year pursuant to a license first obtained from the Alcoholic Beverage Laws Enforcement Commission, by simple fermentation and without distillation, if made solely for the use of the maker, his family and guests.

B.  1.  Any duly licensed physician or dentist may possess and use alcoholic beverages in the strict practice of his profession and any hospital or other institution caring for sick and diseased persons may possess and use alcoholic beverages for the treatment of bona fide patients of such hospital or institution.  Any drugstore employing a licensed pharmacist may possess and use alcoholic beverages in the preparation of prescriptions of duly licensed physicians.

2.  The possession, transportation and dispensation of wine by any authorized representative of any church for the conducting of a bona fide rite or relig