2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-2-147. Grounds to deny mixed beverage, beer and wine, bottle club, public event, caterer, retail wine or retail beer license

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

A. The ABLE Commission shall refuse to issue a mixed beverage, beer and wine, bottle club, public event, caterer, retail wine or retail beer license, either on an original application or a renewal application, if it has reasonable grounds to believe and finds any of the following to be true:

1. That the applicant, in the case of a natural person, is under twenty-one (21) years of age;

2. That the applicant, in the case of a corporation, has a stockholder who owns fifteen percent (15%) or more of the stock, an officer, or a director who is under twenty-one (21) years of age;

3. That the applicant, in the case of any type of partnership, has any partner who is under twenty-one (21) years of age;

4. That the applicant, in the case of a limited liability company, has a manager or member who is under twenty-one (21) years of age;

5. That the applicant or any type of partner has been convicted of a felony within fifteen (15) years prior to the application date;

6. That the applicant, in the case of a corporation, has a stockholder owning fifteen percent (15%) of the stock, an officer or a director who has been convicted of a felony within fifteen (15) years prior to the application date;

7. That the applicant, in the case of a limited liability company, has a manager or a member who has been convicted of a felony within fifteen (15) years prior to the application date, and such manager or member has an ownership interest greater than fifty percent (50%);

8. That the applicant has made false statements to the ABLE Commission;

9. That the applicant is not the legitimate owner of the business for which a license is sought or that other persons have undisclosed ownership interests in the business;

10. That the applicant or any partner, within twelve (12) months after being issued a license, either on an original application or a renewal application, has violated any provision of the Oklahoma Alcoholic Beverage Control Act or rule of the ABLE Commission promulgated pursuant hereto. Provided, however, that if the ABLE Commission, during the twelve-month period, has suspended any license sought to be renewed, such renewal application may be approved if the term of the suspension has been completed and the applicant has complied with any special conditions imposed in connection with the suspension;

11. That the applicant is not the real party in interest, or intends to carry on the business authorized by the license as the agent of another;

12. That the applicant is a person who appoints or is a law enforcement official or is an employee of the ABLE Commission;

13. That the applicant does not own or have a written lease for the premises for which a license is sought; or

14. That the applicant or any partner, spouse, employee or other person affiliated with the applicant is not in compliance with the tax laws of this state as required in Article XXVIIIA of the Oklahoma Constitution.

B. 1. The ABLE Commission may refuse to issue a mixed beverage, beer and wine, bottle club, public event or caterer license, either on an original application or a renewal application, if it has reasonable grounds to believe and finds any of the following to be true:

a.that the applicant or any type of partner has been convicted of a felony described in paragraph 2 of this subsection,

b.that the applicant, in the case of a corporation, has a stockholder owning fifteen percent (15%) of the stock, an officer or a director who has been convicted of a felony described in paragraph 2 of this subsection, and

c.that the applicant, in the case of a limited liability company, has a manager or a member who has been convicted of a felony within twenty-five (25) years prior to the application date, who has been convicted of a felony described in paragraph 2 of this subsection.

2. The provisions of this section shall apply to the following felony offenses:

a.an alcohol-related offense,

b.a violent crime as defined in Section 142A-1 of Title 21 of the Oklahoma Statutes, or

c.a crime which would subject a person to registration pursuant to the Sex Offenders Registration Act.

Added by Laws 2016, c. 366, § 59, 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.