1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2090 By: Echols
4
5
6 AS INTRODUCED
7 An Act relating to alcoholic beverages; creating a
delivery service license for delivery of alcoholic
8 beverages; providing requirements to receive a
delivery service license; providing actions a
9 delivery service licensee may or may not undertake;
providing delivery service license renewal amount;
10 allowing a delivery service licensee to charge
consumers a delivery fee; prohibiting delivery
11 service licensee from charging, adding on, or
collecting any portion of the amount of the retail
12 sales price for the alcoholic beverages; prohibiting
a retail spirits licensee from using delivery service
13 licensees for the purpose of completing alcoholic
beverage product deliveries to consumers; exempting a
14 technology services company from needing a license;
granting the Alcoholic Beverage Law Enforcement
15 Commission the ability to enforce this act;
prohibiting direct shipment of alcohol, liquor, wine,
16 or beer from any manufacturer; providing nothing
shall be construed to authorize the direct shipment
17 of alcohol, liquor, wine, or beer from any
manufacturer; providing no person shall use a license
18 or exercise any privileges granted by the license
except as provided by the Oklahoma Alcoholic Beverage
19 Control Act; providing that no package containing
alcoholic beverages may be delivered to or left
20 unattended at a residence or business address;
providing that the ABLE Commission is authorized to
21 promulgate rules, regulations, forms, and procedures;
providing that deliveries authorized by a licensee to
22 be made to a consumer shall be deemed a direct hand-
to-hand sale as though the consumer was physically
23 present on the licensed premises and authorized by
law; amending 37A O.S. 2021, Sections 2-101 and 2-
24 161, which relate to annual fees and curbside pickup
Req. No. 6070 Page 1
1 and delivery; providing delivery service license
annual fee; providing that a delivery service
2 licensee may transport and deliver alcoholic beverage
products; providing that a retail beer or retail wine
3 licensee may sell curbside and deliver; providing
that employees or independent contractors of retail
4 beer or retail wine licensees or delivery service
licensees shall be licensed to make alcoholic
5 beverage product deliveries; providing that a
delivery service licensee shall be held responsible
6 for violations of alcoholic beverage laws or
administrative rules of the ABLE Commission;
7 providing for codification; providing an effective
date; and declaring an emergency.
8
9
10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
11 SECTION 1. NEW LAW A new section of law to be codified
12 in the Oklahoma Statutes as Section 2-162 of Title 37A, unless there
13 is created a duplication in numbering, reads as follows:
14 A. Any individual, limited liability company, corporation, or
15 partnership that is registered to do business in this state,
16 regardless of the residency of the ownership of the entity, may
17 apply for and be issued a delivery service license that authorizes
18 the licensee to deliver alcoholic beverages from a store holding a
19 retail beer or retail wine license, licensed by the Alcoholic
20 Beverage Law Enforcement (ABLE) Commission to sell alcoholic
21 beverage products, to any person in this state who is at least
22 twenty-one (21) years of age for the individual's personal use and
23 not for resale.
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1 B. To receive a delivery service license, an applicant shall do
2 all of the following:
3 1. File an application with the Alcoholic Beverage Law
4 Enforcement (ABLE) Commission;
5 2. Provide to the ABLE Commission a sample contract that the
6 applicant intends to enter into with a retail beer or retail wine
7 licensee for the delivery of alcoholic beverage products, unless the
8 applicant is the holder of a retail beer or retail wine license or
9 operates under the same parent company as the retail beer or retail
10 wine license holder;
11 3. Submit to the ABLE Commission an outline of internal or
12 external training for delivery service personnel that addresses
13 topics such as identifying underage persons, intoxicated persons,
14 and fake or altered identification;
15 4. Provide an attestation that the applicant is at least
16 twenty-one (21) years of age and has not been convicted of a felony
17 in any state or federal court;
18 5. Provide proof of a general liability insurance policy in an
19 amount not less than One Million Dollars ($1,000,000.00) per
20 occurrence; and
21 6. Be properly registered to conduct business in Oklahoma.
22 C. A delivery service licensee:
23 1. May contract with any retail beer or retail wine licensee,
24 licensed to sell alcoholic beverage products for off-premises
Req. No. 6070 Page 3
1 consumption, for the purpose of delivering alcoholic beverage
2 products;
3 2. May use its own employees or independent contractors who are
4 at least twenty-one (21) years of age to deliver such alcoholic
5 beverage products, provided such delivery service personnel shall
6 not have been convicted of any criminal offense relating to
7 alcoholic beverages. The delivery service licensee shall complete a
8 criminal history records check on each delivery driver who delivers
9 alcoholic beverages for a licensee;
10 3. May facilitate orders by telephone, Internet, or by other
11 electronic means for the sale and delivery of alcoholic beverages.
12 If payment is not received at the time of order, the delivery
13 service licensee may act as an agent of the retail licensee in the
14 collection of payments from the sale of alcoholic beverages, but the
15 full amount of each order must be handled in a manner that gives the
16 retail licensee control over the ultimate receipt of the payment
17 from the consumer with the retail licensee operating as the merchant
18 of record. The retail beer or retail wine licensee shall remain
19 responsible for the proper remittance of all applicable taxes on the
20 sale of the product;
21 4. Shall deliver only sealed containers of alcoholic beverage
22 products;
23
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1 5. Shall obtain from the consumer a confirmation that he or she
2 is at least twenty-one (21) years of age at the time the order is
3 placed;
4 6. Shall require the recipient, at the time of delivery, to
5 provide valid photo identification verifying he or she is at least
6 twenty-one (21) years of age and sign for the delivery;
7 7. Shall possess identification scanning software technology or
8 a state-of-the-art alternative at the point of delivery to
9 authenticate that the recipient is at least twenty-one (21) years of
10 age, and collect the recipient's name and date of birth;
11 8. Shall return all alcoholic beverages to the retail beer or
12 retail wine licensee if the recipient is under twenty-one (21) years
13 of age, appears intoxicated, fails to provide proof of
14 identification, fails or refuses to sign for delivery, fails to
15 complete the identification verification process, declines to accept
16 the delivery of alcoholic beverages or beer, or if any circumstances
17 in the delivery environment indicate illegal conduct,
18 overconsumption, or an otherwise unsafe environment for the
19 consumption of alcohol. Such return shall occur on the same
20 business day;
21 9. May not deliver any alcoholic beverage to any person located
22 within a dry jurisdiction in Oklahoma;
23 10. Shall pick up alcoholic beverages for delivery only during
24 lawful sales hours in that jurisdiction for the retail beer or
Req. No. 6070 Page 5
1 retail wine licensee holder; provided, that orders may be delivered
2 and completed on the same day within a reasonable time thereafter;
3 11. Shall permit the ABLE Commission to perform an audit of the
4 licensee's records upon request and with sufficient notification;
5 12. Shall be deemed to have consented to the jurisdiction of
6 the ABLE Commission and the Oklahoma courts concerning enforcement
7 of this section and any related laws or rules; and
8 13. Shall be responsible for delivery of alcoholic beverage
9 products as provided in this act and by rule.
10 D. A delivery service licensee may renew its license with the
11 ABLE Commission by maintaining all qualifications, paying annually a
12 renewal fee of Five Hundred Dollars ($500.00), and providing the
13 Commission with a true copy of its current license. The annual fee
14 for delivery service licensees shall be collected by the ABLE
15 Commission for deposit and credit to the General Revenue Fund of
16 this state.
17 E. A delivery service licensee shall be authorized to charge
18 the consumer a delivery fee but shall not charge, add on, or collect
19 any portion of the amount of the retail sales price for the
20 alcoholic beverages.
21 F. A retail spirits licensee shall be prohibited from using
22 delivery service licensees for the purpose of completing alcoholic
23 beverage product deliveries to consumers.
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1 G. Nothing in this act shall be construed to require a
2 technology services company to obtain a delivery service license if
3 the company does not employ or contract with delivery agents, but
4 merely provides software or a digital network application that
5 connects consumers and retail beer or retail wine licensee for the
6 delivery of alcoholic beverages from the retail beer or retail wine
7 licensee. However, the act of connecting consumers to retail beer
8 or retail wine licensee shall serve to grant jurisdiction to the
9 State of Oklahoma.
10 H. The ABLE Commission may enforce the requirements of this
11 section by the same administrative proceedings that apply to all
12 other alcoholic beverage licensees.
13 I. The ABLE Commission may enforce the requirements of this
14 section against any employee or independent contractor of a retail
15 beer or retail wine licensee or delivery service licensee,
16 irrespective of the status of any delivery service personnel as an
17 independent contractor or employee. Delivery to a minor shall be
18 treated as furnishing alcohol to a minor and shall result in any
19 applicable disciplinary action; provided, that the retail beer or
20 retail wine licensee shall not be held liable for violations that
21 occur after transferring possession of the alcohol beverage product
22 to the delivery service licensee.
23
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1 J. Nothing in this act shall be construed to authorize the
2 direct shipment of alcohol, liquor, wine, or beer from any
3 manufacturer.
4 K. No person shall use a license or exercise any privileges
5 granted by the license except as provided by the Oklahoma Alcoholic
6 Beverage Control Act.
7 L. No package containing alcoholic beverages may be delivered
8 to or left unattended at a residence or business address except for
9 the delivery of such package in person to the purchaser confirmed to
10 be twenty-one (21) years of age or older.
11 M. The ABLE Commission is authorized to promulgate rules,
12 regulations, forms, and procedures necessary to implement and
13 enforce the provisions of this section.
14 N. For purposes of this section, each delivery authorized by a
15 licensee to be made to a consumer shall be deemed a direct hand-to-
16 hand sale as though the consumer was physically present on the
17 licensed premises and authorized by law by such licensee.
18 SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-101, is
19 amended to read as follows:
20 Section 2-101. A. Except as otherwise provided in this
21 section, the licenses issued by the ABLE Commission, and the annual
22 fees therefor, shall be as follows:
23 1. Brewer License.................................. $1,250.00
24 2. Small Brewer License.............................. $125.00
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1 3. Distiller License............................... $3,125.00
2 4. Winemaker License................................. $625.00
3 5. Small Farm Winery License.......................... $75.00
4 6. Rectifier License............................... $3,125.00
5 7. Wine and Spirits Wholesaler License............. $3,000.00
6 8. Beer Distributor License.......................... $750.00
7 9. The following retail spirits license fees
8 shall be determined by the latest Federal
9 Decennial Census:
10 a. Retail Spirits License for cities and
11 towns from 200 to 2,500 population.......... $305.00
12 b. Retail Spirits License for cities and
13 towns from 2,501 to 5,000 population........ $605.00
14 c. Retail Spirits License for cities and
15 towns over 5,000 population................. $905.00
16 10. Retail Wine License............................ $1,000.00
17 11. Retail Beer License.............................. $500.00
18 12. Mixed Beverage License......................... $1,005.00
19 (initial license)
20 $905.00
21 (renewal)
22 13. Mixed Beverage/Caterer Combination License..... $1,250.00
23 14. On-Premises Beer and Wine License................ $500.00
24 (initial license)
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1 $450.00
2 (renewal)
3 15. Bottle Club License............................ $1,000.00
4 (initial license)
5 $900.00
6 (renewal)
7 16. Caterer License................................ $1,005.00
8 (initial license)
9 $905.00
10 (renewal)
11 17. Annual Special Event License...................... $55.00
12 18. Quarterly Special Event License................... $55.00
13 19. Hotel Beverage License......................... $1,005.00
14 (initial license)
15 $905.00
16 (renewal)
17 20. Airline/Railroad/Commercial Passenger Vessel Beverage
18 License........................................ $1,005.00
19 (initial license)
20 $905.00
21 (renewal)
22 21. Agent License..................................... $55.00
23 22. Employee License.................................. $30.00
24 23. Industrial License................................ $23.00
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1 24. Carrier License................................... $23.00
2 25. Private Carrier License........................... $23.00
3 26. Bonded Warehouse License......................... $190.00
4 27. Storage License................................... $23.00
5 28. Nonresident Seller License ...................... $750.00
6 29. Manufacturer License:
7 a. 50 cases or less sold in Oklahoma in
8 last calendar year........................... $50.00
9 b. 51 to 500 cases sold in Oklahoma in
10 last calendar year........................... $75.00
11 c. 501 cases or more sold in Oklahoma in
12 last calendar year.......................... $150.00
13 30. Manufacturer's Agent License...................... $55.00
14 31. Sacramental Wine Supplier License................ $100.00
15 32. Charitable Auction License......................... $1.00
16 33. Charitable Alcoholic Beverage License............. $55.00
17 34. Winemaker Self-Distribution License.............. $750.00