2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-6-119. Persons under 21 - Misrepresentation of age to induce persons to sell or serve alcoholic beverages - Entering or attempting to enter package store or bar area - Penalties - Substance abuse prevention program

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

A. Any person under twenty-one (21) years of age who shall misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him or her alcoholic beverage or issue him or her a bottle club membership card, or who enters or attempts to enter a package store or a separate or enclosed bar area as designated by the ABLE Commission, shall be guilty of a misdemeanor and fined not more than Fifty Dollars ($50.00).

B. In addition, if a person is convicted or pleads guilty to a violation of the provisions of this subsection in any court having jurisdiction over the offense, the court may order the Department of Public Safety to cancel or deny the offender's privilege to operate a motor vehicle and, upon such order, shall require that the operator's or chauffeur's license, if any, be surrendered to the Department pursuant to Section 6-209 of Title 47 of the Oklahoma Statutes. The cancellation or denial period shall be for one (1) year, or until the person reaches twenty-one (21) years of age, whichever is longer.

C. Any person whose driving privileges are ordered cancelled or denied pursuant to this section may petition the court of original jurisdiction for review of the order. Upon notice and hearing, the court may modify or withdraw the order as the court deems appropriate except:

1. A court may not withdraw an order for at least ninety (90) days following the issuance of the order if it is the first such order issued regarding the person named; and

2. A court may not withdraw an order for at least six (6) months following the issuance of the order if it is the second or subsequent such order issued regarding the person named. If the Department receives written notice from the court of original jurisdiction that it has withdrawn such an order, the Department shall immediately reinstate any driving privileges that have been canceled or denied under this section, without requiring payment of a reinstatement fee.

D. In addition to any other penalty provided by law, a person convicted of a violation of the provisions of this section shall be required to complete a substance abuse prevention program conducted by the Department of Mental Health and Substance Abuse Services or a private entity approved by the Department. Such program shall include at least two sessions, each of which shall be not less than two (2) hours in length. The cost of the program shall be paid by the person required to complete the program.

Added by Laws 2016, c. 366, § 159, 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.