2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-1-105. Commission member qualifications - Organization

Text effective Oct. 1, 2018. See, also, Title 37 for text effective until Oct. 1, 2018.

A. Members of the ABLE Commission shall:

1. Be citizens of the United States;

2. Be qualified electors in this state;

3. Have been residents of this state for at least ten (10) consecutive years immediately preceding the date of their appointment and qualification; and

4. Be persons of outstanding character, experienced, efficient and successful in business affairs and of good reputation in their communities.

B. Members shall execute the loyalty oath required by law for elected state officials before assuming the duties of their office.

C. No person shall be appointed who:

1. Has been convicted of, or shall have pleaded guilty to, a felony or any violation of any federal or state law concerning the manufacture or sale of alcoholic beverages or cereal malt beverages prior or subsequent to the passage of the Oklahoma Alcoholic Beverage Control Act;

2. Has paid a fine or penalty in settlement in any prosecution against the person in any violation of such laws; or

3. Shall have forfeited a bond to appear in court to answer charges for any such violation.

D. No appointee shall serve if the appointee or any person related to the appointee in the third degree by consanguinity or affinity is an officer, director, employee or stockholder in any corporation or partnership which has as its business the manufacture, sale or distribution of an alcoholic beverage.

E. No member of the ABLE Commission shall own, mortgage or lease any retail or wholesale store or warehouse, any establishment selling alcoholic beverages by the individual drink for on-premises consumption, any establishment operated by a caterer who provides alcoholic beverages by the individual drink pursuant to a caterer's license or any bottle club as provided in the alcoholic beverage control laws of this state.

F. The provisions of the Oklahoma Alcoholic Beverage Control Act shall not prevent any member of the ABLE Commission from purchasing and possessing, for personal use or use by the members of the member's family or any guests, any alcoholic beverage which may be purchased or kept by any person by virtue of the provisions of the Oklahoma Alcoholic Beverage Control Act.

G. In order to establish the qualifications of members of the ABLE Commission, a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes shall be required for each member.

H. A majority of the members of the ABLE Commission shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Commission, and every act of a majority of the members shall be deemed to be the act of the ABLE Commission. The ABLE Commission shall appoint the Director as secretary who shall keep a record of all proceedings and official acts of the Commission and who shall be the custodian of all records and perform such other duties as the ABLE Commission shall prescribe.

I. Each member of the ABLE Commission shall receive reimbursement for travel expenses incurred in attending meetings as provided for in the State Travel Reimbursement Act.

J. The office of the ABLE Commission shall be in Oklahoma City in office space provided by the Office of Management and Enterprise Services. All meetings of the ABLE Commission shall be open to the public and all records of the ABLE Commission shall be public records and open for public inspection. The ABLE Commission shall hold regular meetings at least once a month at its office and may hold such special meetings as it deems necessary at any time and at any place within the state.

K. The ABLE Commission, for authentication of its records, process and proceedings, may adopt, keep and use a common seal, of which seal judicial notice shall be taken in all the courts of the state. Any process, notice or other paper which the ABLE Commission may be authorized by law to issue shall be deemed sufficient if signed by the secretary of the ABLE Commission and authenticated by such seal. All acts, orders, proceedings, rules, regulations, entries, minutes and other records of the ABLE Commission, and all reports and documents filed with the ABLE Commission may be proved in any court of this state by copy thereof certified by the secretary of the ABLE Commission with the seal of the ABLE Commission attached.

L. The ABLE Commission shall not adopt or promulgate any rule or regulation inconsistent with the provisions of the Oklahoma Alcoholic Beverage Control Act or any law of this state.

Added by Laws 2016, c. 366, § 5, eff. Oct. 1, 2018.

NOTE: This section shall become effective October 1, 2018, upon certification of election returns favoring passage of the Constitutional Amendment proposed in Senate Joint Resolution No. 68 of the 2nd Session of the 55th Oklahoma Legislature.