1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1474 By: Thompson (Roger)
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Section 6-103, as last amended by Section
8 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp. 2023,
8 Section 6-103), which relates to prohibited acts of
9 retail spirits licensees; removing certain
9 prohibition; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-103, as
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14 last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp.
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15 2023, Section 6-103), is amended to read as follows:
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16 Section 6-103. A. No retail spirits licensee shall:
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17 1. Purchase or receive any alcoholic beverage other than from a
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18 wine and spirits wholesaler, beer distributor, winery or small
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19 brewer self-distribution licensee who elects to self-distribute;
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20 2. Suffer or permit any retail container to be opened, or any
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21 alcoholic beverage to be consumed on the licensed premises, except
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22 when serving samples as authorized by Section 2-109 of this title or
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23 otherwise permitted by law; provided, the licensee shall not permit
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24 any alcoholic beverage content or retail container unsealed in
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 1 connection with sampling authorized by Section 2-109 of this title
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2 to remain on the licensed premises at the close of business on that
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3 day, excluding spirits;
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4 3. Sell any alcoholic beverages at any hour other than between
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5 the hours of 8:00 a.m. and midnight Monday through Saturday, and
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6 shall not be permitted to be open on Thanksgiving Day or Christmas
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7 Day; provided, a county may, pursuant to the provisions of
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8 subsections B and C of Section 3-124 of this title, elect to allow
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9 such sales between the hours of noon and midnight on Sunday. Retail
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10 spirits licensees shall be permitted to sell alcoholic beverages on
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11 the day of any General, Primary, Runoff Primary or Special Election
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12 whether on a national, state, county or city election, provided that
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13 the election day does not occur on any day on which such sales are
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14 otherwise prohibited by law;
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15 4. Sell spirits in a city or town, unless such city or town has
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16 a population in excess of two hundred (200) according to the latest
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17 Federal Decennial Census;
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18 5. Sell any alcoholic beverage on credit; provided, that
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19 acceptance by a licensee of a cash or debit card or a nationally
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20 recognized credit card in lieu of actual cash payment does not
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21 constitute the extension of credit; provided, further, as used in
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22 this section:
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23 a. “cash or debit card” means any instrument or device
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24 whether known as a debit card or by any other name,
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 1 issued with or without fee by an issuer for the use of
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2 the cardholder in depositing, obtaining or
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3 transferring funds from a consumer banking electronic
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4 facility, and
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5 b. “nationally recognized credit card” means any
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6 instrument or device, whether known as a credit card,
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7 credit plate, charge plate or by any other name,
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8 issued with or without fee by an issuer for the use of
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9 the cardholder in obtaining money, goods, services or
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10 anything else of value on credit which is accepted by
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11 over one hundred retail locations;
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12 6. 5. Offer or furnish any prize, premium, gift or similar
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13 inducement to a consumer in connection with the sale of alcoholic
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14 beverages, except that goods or merchandise included by the
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15 manufacturer in packaging with alcoholic beverages or for packaging
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16 with alcoholic beverages shall not be included in this prohibition,
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17 but no wholesaler or retailer shall sell any alcoholic beverage
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18 prepackaged with other goods or merchandise at a price which is
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19 greater than the price at which the alcoholic beverage alone is
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20 sold; provided, it shall not be considered inducement or a premium
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21 for a retail spirits licensee to have an advertised price posted
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22 higher online than the shelf price on the licensed premises; or
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23 7. 6. Pay for alcoholic beverages by a check or draft which is
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24 dishonored by the drawee when presented to such drawee for payment;
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 1 and the ABLE Commission may cancel or suspend the license of any
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2 retailer who has given a check or draft, as maker or endorser, which
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3 is so dishonored upon presentation.
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4 B. No retail spirits licensee shall permit any person under
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5 twenty-one (21) years of age to enter into or remain within or about
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6 the licensed premises unless accompanied by the person’s parent or
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7 legal guardian; provided, however, this restriction shall not apply
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8 to an employee of a licensed beer distributor or wine and spirits
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9 wholesaler who:
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10 1. Is at least eighteen (18) years of age;
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11 2. Is accompanied by a coworker at least twenty-one (21) years
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12 of age; and
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13 3. Enters for the sole purpose of merchandising or delivering
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14 product to the licensee in the normal course of business.
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15 SECTION 2. This act shall become effective November 1, 2024.
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17 59-2-2737 BG 12/15/2023 6:12:55 PM
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