Bill No. 1032 aims to enhance the regulatory framework for establishments licensed by the Alcoholic Beverage Laws Enforcement (ABLE) Commission in Oklahoma. It introduces new definitions, such as "employee" and "seller-server training certificate," and establishes specific requirements for these establishments to protect themselves from liability for the actions of their employees. Notably, if an establishment claims that an employee's actions are not attributable to them, they must submit an affidavit to the ABLE Commission within ten days of receiving an administrative notice of violation, demonstrating compliance with the law at the time of the incident.
The bill also outlines the conditions under which an establishment can be held liable for an employee's actions, particularly when the employee lacks a valid license. It creates a rebuttable presumption of indirect encouragement of violations if an employee commits certain offenses on three or more occasions within a year. To counter this presumption, establishments must maintain rigorous training and recordkeeping practices, including requiring employees to obtain seller-server training certificates and adhere to written policies prohibiting the sale of alcohol to minors, intoxicated individuals, or those deemed mentally deficient. The act is set to take effect on November 1, 2025.