1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1866 By: Coleman
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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 6-102, as last amended by Section
8 8, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
8 Section 6-102), which relates to prohibited acts of
9 licensees; prohibiting the selling of alcoholic
9 beverages through an automated system; and providing
10 an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 37A O.S. 2021, Section 6-102, as
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15 last amended by Section 8, Chapter 338, O.S.L. 2023 (37A O.S. Supp.
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16 2023, Section 6-102), is amended to read as follows:
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17 Section 6-102. A. No licensee of the ABLE Commission shall:
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18 1. Receive, possess or sell any alcoholic beverage except as
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19 authorized by the Oklahoma Alcoholic Beverage Control Act and by the
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20 license or permit which the licensee holds;
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21 2. Employ any person under eighteen (18) years of age in the
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22 selling of beer or wine or employ any person under twenty-one (21)
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23 years of age in the selling of spirits. Provided:
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 1 a. a mixed beverage, beer and wine, caterer, public
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2 event, special event, bottle club, retail wine or
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3 retail beer licensee may employ servers or sales
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4 clerks who are at least eighteen (18) years of age,
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5 except persons under twenty-one (21) years of age may
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6 not serve in designated bar or lounge areas, and
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7 b. a mixed beverage, beer and wine, caterer, public
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8 event, special event or bottle club licensee may
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9 employ or hire musical bands who have musicians who
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10 are under eighteen (18) years of age if each such
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11 musician is either accompanied by a parent or legal
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12 guardian or has on their person, to be made available
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13 for inspection upon demand by any employee of the ABLE
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14 Commission or law enforcement officer, a written,
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15 notarized affidavit from the parent or legal guardian
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16 giving the underage musician permission to perform in
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17 designated bar or lounge areas;
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18 3. Give any alcoholic beverage as a prize, premium or
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19 consideration for any lottery, game of chance or skill or any type
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20 of competition;
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21 4. Use any of the following means or inducements to stimulate
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22 the consumption of alcoholic beverages, including but not limited
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23 to:
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 1 a. deliver more than two drinks to one person at one
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2 time, except:
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3 (1) as provided for serving tasting flights defined
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4 in Section 6-102.1 of this title, or
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5 (2) up to six (6) bottles or cans of beer in the
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6 original packaging for on-premises consumption
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7 may be delivered to one person at one time in a
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8 reusable container, including but not limited to
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9 a bucket or insulated cooler which may be cooled
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10 by ice or another cooling method,
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11 b. sell or offer to sell to any person or group of
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12 persons any drinks at a price that is less than six
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13 percent (6%) below the markup of the cost to the mixed
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14 beverage licensee; provided, a mixed beverage licensee
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15 shall be permitted to offer these drink specials on
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16 any particular hour of any particular day and shall
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17 not be required to offer these drink specials for an
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18 entire calendar week or from open to close, and shall
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19 not be required to offer such drink specials at all
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20 venues operating under the same mixed beverage
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21 license; provided, a mixed beverage licensee selling
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22 wine, beer, or cocktails to-go shall be permitted to
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23 offer these to-go drinks at a different price than on-
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24 premises drinks,
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 1 c. sell or offer to sell to any person an unlimited
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2 number of drinks during any set period of time for a
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3 fixed price, except at private functions not open to
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4 the public,
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5 d. sell or offer to sell drinks to any person or group of
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6 persons on any one day or portion thereof at prices
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7 less than those charged the general public on that
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8 day, except at private functions not open to the
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9 public,
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10 e. increase the volume of alcoholic beverages contained
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11 in a drink without increasing proportionately the
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12 price regularly charged for such drink during the same
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13 calendar week, or
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14 f. encourage or permit, on the licensed premises, any
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15 game or contest which involves drinking or the
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16 awarding of drinks as prizes.
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17 Provided, that the provisions of this paragraph shall not
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18 prohibit the advertising or offering of food, entertainment or
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19 bottle service in licensed establishments;
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20 5. Permit or allow any patron or person to exit the licensed
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21 premises with an open container of any alcoholic beverage.
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22 Provided, this prohibition shall not be applicable to closed
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23 original containers of alcoholic beverages which are carried from
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24 the licensed premises of a bottle club by a patron, closed original
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 1 wine containers removed from the premises of restaurants, hotels and
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2 motels, or to closed original containers of alcoholic beverages
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3 transported to and from the place of business of a licensed caterer
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4 by the caterer or an employee of the caterer;
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5 6. Serve or sell alcoholic beverages with an expired license
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6 issued by the ABLE Commission;
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7 7. Permit any person to be drunk or intoxicated on the
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8 licensee’s licensed premises; or
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9 8. Permit or allow any patron to serve or pour himself or
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10 herself any alcoholic beverage, except a licensee may offer a patron
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11 self-pour service of beer or wine, or both, from automated devices
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12 on licensed premises so long as:
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13 a. the licensee monitors and has the ability to control
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14 the dispensing of such beer or wine, or both, from the
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15 automated devices. “Automated device” shall mean any
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16 mechanized device capable of dispensing wine or beer,
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17 or both, directly to a patron in exchange for
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18 compensation that a licensee has received directly
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19 from the patron, and
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20 b. each licensee offering a patron self-pour service of
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21 wine or beer, or both, from any automated device shall
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22 provide constant video monitoring of the automated
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23 device at all times during which the licensee is open
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24 to the public. The licensee shall keep recorded
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 1 footage from the video monitoring for at least sixty
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2 (60) days, and shall provide the footage, upon
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3 request, to any agent of the Director of the ABLE
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4 Commission or other authorized law enforcement agent;
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5 or
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6 9. Permit or allow any customer to purchase alcoholic beverages
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7 for himself or herself through the use of an on-premises customer-
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8 operated, automated, or self-checkout machine.
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9 B. 1. The compensation required by subparagraph a of paragraph
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10 8 of subsection A of this section shall be in the form of a radio
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11 frequency identification (RFID) device, mobile application or any
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12 other technology approved by the ABLE Commission containing a fixed
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13 amount of volume of thirty-two (32) ounces for beer and ten (10)
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14 ounces for wine that may be directly exchanged for beer or wine
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15 dispensed from the automated device:
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16 a. RFID devices may be assigned, used or reactivated only
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17 during a business day,
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18 b. each RFID device shall be obtained from the licensee
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19 by a patron,
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20 c. a licensee shall not issue more than one active RFID
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21 device to a patron, and
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22 d. an RFID device shall be deemed active if the RFID
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23 device contains volume credit or has not yet been used
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 1 to dispense ten (10) ounces of wine or thirty-two (32)
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2 ounces of beer.
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3 2. In order to obtain an RFID device from a licensee, each
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4 patron shall produce a valid driver license, identification card or
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5 other government-issued document that contains a photograph of the
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6 individual and demonstrates that the individual is at least twenty-
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7 one (21) years of age. Each RFID device shall be programmed to
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8 require the production of the patron’s valid identification before
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9 the RFID device can be used for the first time during any business
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10 day or for any subsequent reactivation.
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11 3. Each RFID device shall become inactive at the end of each
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12 business day.
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13 4. Each RFID device shall be programmed to allow the dispensing
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14 of no more than ten (10) ounces of wine or thirty-two (32) ounces of
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15 beer to a patron:
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16 a. once an RFID device has been used to dispense ten (10)
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17 ounces of wine or thirty-two (32) ounces of beer to a
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18 patron, the RFID device shall become inactive, and
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19 b. any patron in possession of an inactive RFID device
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20 may, upon production of the patron’s valid
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21 identification to the licensee or licensee’s employee,
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22 have the RFID device reactivated to allow the
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23 dispensing of an additional ten (10) ounces of wine or
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 1 thirty-two (32) ounces of beer from an automated
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2 device.
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3 Paragraphs 1, 2, 3 and 4 of this subsection shall not apply to wine
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4 or beer that is dispensed directly to the licensee or the licensee’s
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5 agent or employee.
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6 C. A mixed beverage or beer and wine licensee shall not be
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7 deemed to have violated the provisions of paragraph 5 of subsection
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8 A of this section if it allowed a patron to leave the licensed
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9 premises with an open container of beer or wine only and:
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10 1. The otherwise prohibited act was committed during the hours
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11 of 8 a.m. to midnight on the day of a scheduled home football game
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12 of institutions within The Oklahoma State System of Higher
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13 Education, and the establishment is located within two thousand
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14 (2,000) feet of the institution;
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15 2. The licensee is participating by invitation in a municipally
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16 sanctioned art, music or sporting event within city limits when the
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17 municipality has provided written notice of the event and a list of
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18 invited licensees to the ABLE Commission at least five (5) days
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19 prior to the event; or
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20 3. The patron remains on the connected, physical property of
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21 the licensee or in a public area adjacent to the physical property
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22 of the licensee with prior municipal approval; provided, that
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23 written notice of the use of the connected, physical property of the
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 1 licensee or public area shall be provided to the ABLE Commission at
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2 least five (5) days prior to such use.
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3 SECTION 2. This act shall become effective November 1, 2024.
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5 59-2-2700 MR 1/18/2024 8:25:57 AM
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