§37-163.1.

All beverages containing more than three and two-tenths percent (3.2%)   alcohol by weight and all mixed beverage coolers, as defined in Section 506 of this title, regardless of percent of alcoholic content, are hereby declared to be intoxicating. All beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight are hereby declared to be low-point beer. Wherever the term "non-intoxicating beverage" or "non-intoxicating malt beverage" appears in the Oklahoma Statutes, such term shall be construed to mean low-point beer. The manufacture, distribution and sale of low-point beer, including but not limited to beer or cereal malt beverages, are hereby declared subject to the provisions of Section 163.1 et seq. of this title.

§37-163.2.

In the administration of Section 163.1 et seq. of this title, the following words and phrases are given the meanings respectively indicated:

	1. "Low-point beer" means and includes beverages containing more than   one-half of one percent (1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products;
	2. "Person" means and includes an individual, a trust or estate, a partnership, an association or a corporation;
	3. "Manufacturer" means and includes any person who prepares for human consumption by the use of raw materials or other ingredients any low-point beer, as defined herein, upon which a license fee and a tax are imposed by any law of this state;
	4. "Wholesaler" means and includes any person who sells any low-point beer, as defined herein, to a licensed retail dealer, as hereinafter defined, for resale;
	5. "Retail dealer" means and includes any person who sells any low-point beer, as defined herein, at retail for consumption or use, and such definitions include state and county fair associations, and special licenses may be issued for the sale of low-point beer, as herein defined, by such associations, and to other persons for the sale of such low-point beer at rodeos, picnics, or other organized temporary assemblages of people. The term "retail dealer" also includes railways for the sale of such beverages, and licenses may be issued for each dining car or railway train, which railways and dining cars shall pay the same license fees as regular retail dealers;

6. "Sale" or "sales", for the purpose of the collection of the taxes imposed by any law of the state upon low-point beer, as defined herein, is hereby defined to mean and include all sales by all wholesalers within this state, for money or any other valuable consideration, to retail dealers for resale; and, also, the term "sale" or "sales" taxable under Section 163.1 et seq. of this title means and includes all sales from manufacturers or wholesalers from outside this state, to retail dealers for resale to consumers or otherwise. The term "sale" or "sales" shall also include sales from manufacturers without the state to wholesalers located within the state;

	7. "Meals" means foods commonly ordered at lunch or dinner and at least part of which is cooked on the licensed premises and requires the use of dining implements for consumption. Provided, that the service of only food such as appetizers, sandwiches, salads or desserts shall not be considered "meals"; and
	8. "Motion picture theater" means a place where motion pictures are exhibited and to which the general public is admitted, but does not include a place where meals, as defined by this section, are served, if only persons twenty-one (21) years of age or older are admitted.

Manufacturers.

Wholesalers

Retail Dealers

Manufacturers

Wholesalers

Retail Dealers

Every retail dealer shall, before offering low-point beer for sale to the public, obtain from the Oklahoma Tax Commission a permit to engage in such sales, and shall pay to the Oklahoma Tax Commission, in advance of the issuance of said permit, the license tax, as follows:

each retail dealer who sells low-point beer, on draught and in original packages, for consumption on or off the premises, shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of Three Hundred Dollars ($300.00),

	b. each retail dealer who sells such beverages in original packages only for consumption on or off the premises shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of One Hundred Fifty Dollars ($150.00),
	c. each retail dealer who sells low-point beer purchased from a licensed manufacturer or licensed wholesaler for consumption on or off the premises and who sells low-point beer manufactured by said retail dealer for consumption on the premises shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license fee of Four Hundred Fifty Dollars ($450.00). Provided, a retail dealer licensed pursuant to this subparagraph shall not manufacture more than five thousand (5,000) barrels of low-point beer per year. A retail dealer, that has obtained a permit pursuant to this subparagraph, may sell low-point beer manufactured by the retail dealer, at any of the retail dealer's places of business, as defined in Section 163.8 of this title, or any other place owned and operated by an entity which has common owners with the licensed dealer, regardless of which place of business brews the beverage. "Common owners" means that the owners at each place or entity together own more than fifty percent (50%) of the interest in each place or entity that has a permit issued pursuant to this subparagraph. A retail dealer, that has obtained a permit pursuant to this subparagraph, may sell low-point beer manufactured by the same retailer pursuant to special licenses issued pursuant to subparagraph d of this paragraph,
	d. special licenses, as provided, may be issued for the sum of Five Dollars ($5.00) per day for each license; provided, that in the event any state or county fair association shall meet for more than five (5) days in any year, a special license for the sale of such beverages shall be issued for the sum of Twenty-five Dollars ($25.00),
	e. each retail dealer who sells such beverages in original packages and not for consumption on the premises, shall obtain a permit which shall be valid for a period of three (3) years and shall pay a license tax of Thirty Dollars ($30.00). It shall be unlawful for such off-premise dealer to allow any bottle, can, or original package to be broken or opened, or to allow any of such low-point beer to be consumed, in or upon the premises described in such permit,
	f. a permit issued prior to September 1, 1994, shall be valid until it expires. Upon expiration of such permit, the retail dealer to whom such permit was issued may obtain a renewal permit which shall be valid for three (3) years or until expiration of the dealer's sales tax permit, whichever is earlier, after which a renewal permit shall be valid for three (3) years. The manner and prorated fee for renewals of less than three (3) years shall be prescribed by the Oklahoma Tax Commission, and
	g. a retail dealer who has obtained a permit pursuant to this paragraph and who ceases to offer low-point beer for sale to the public shall be entitled to receive a refund of the permit fee from the Oklahoma Tax Commission prorated with respect to the amount of time remaining until expiration of the permit. The manner and prorated refund shall be prescribed by the Oklahoma Tax Commission.

A.  It shall be unlawful for any person to maintain or operate any place where low-point beer, as herein defined, is sold for consumption on or off the premises without first securing a permit issued by the district court clerk of the county in which the premises are located.

B.  1. The person applying for a permit must make a showing every three (3) years, and must satisfy the district court clerk that he or she is a person of good moral character and that he or she has never been convicted of violating any of the laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors, or of any of the gambling laws of this state, or of any other state of the United States, within three (3) years immediately preceding the date of his or her petition, or any of the laws commonly called "Prohibition Laws", or had any permit or license to sell low-point beer revoked in any county of this state within twelve (12) months. 2. A person who has been convicted of a felony shall not be eligible for a permit unless the person received a pardon for the felony or a period of ten (10) years has elapsed since the completion of the sentence imposed for the felony.

C. No permit shall be issued to sell low-point beer for on-premises consumption unless the person applying for such permit shall have signed an affidavit stating that the location of the building in which low-point beer is to be sold is not prohibited by the provisions of Section 163.24 of this title.

	D. A fee of One Hundred Fifty Dollars ($150.00) shall be charged for the issuance or renewal of such three-year permit, which fee shall be deposited in the county court fund, in addition to other fees required by law.
	E. Upon petition being filed, the district court clerk shall give fifteen (15) days' notice for an initial application, and it is the applicant's responsibility to cause the same to be posted by the entrance on the front of the building in which said low-point beer is to be sold and to file proof of posting in such case; and a copy of said notice shall also be mailed to the district attorney, the sheriff and the chief of police or marshal of any city or town in which said business is to be operated. Said notice shall contain the name of the applicant and the location of said place of business. The initial permit shall be valid for a period of three (3) years and shall expire if not renewed with proper showing required by subsection B of this section, and upon payment of proper fees. A permit may be renewed within ten (10) days of expiration, upon proper application pursuant to subsection B of this section and payment of the proper fees, but without the payment of any late fees. Provided, however, that if a proper application under subsection B of this section is filed within eleven (11) days but not more than thirty (30) days after the expiration date of the permit, upon payment of a fee of One Hundred Dollars ($100.00) in addition to the initial permit fee, the court clerk is authorized to treat said application as one for renewal and to issue a renewal permit to the applicant, if all requirements have otherwise been met by the applicant. A renewal permit granted during the thirty-day grace period shall become effective upon the date of its issuance by the court clerk.
	F. A permit issued prior to September 1, 1994, shall be valid until it expires and shall be renewed for a period of three (3) years or until expiration of the sales tax permit issued by the Oklahoma Tax Commission, if any, held by the person at the time of such renewal, whichever is earlier. The manner and prorated fee for renewals of less than three (3) years shall be prescribed by the court clerk.
	G. A person who has obtained a permit pursuant to this section and who ceases to maintain or operate any place where low-point beer is sold for consumption on or off the premises shall be entitled to receive a refund of the permit fee from the district court clerk prorated with respect to the amount of time remaining until expiration of the permit. The manner and prorated refund shall be prescribed by the Administrative Director of the Courts.
	H. If there are no protests and the petition is sufficient on its face, then said permit shall be granted by the district court clerk.  Provided, that if any citizen of the county files a written protest setting forth objections, then the district court clerk shall advise the chief judge who shall assign such petition to a district judge or associate district judge for hearing.
	I. The application for such permit must be verified and in writing, contain the information above required, and must be set for hearing on a date named in the notice required to be posted.
	J. All testimony before the district court shall be under oath.
	K. A judge of the district court, upon five (5) days' notice to the person holding such permit, shall revoke such permit for any one of the following reasons:
	1. Drunkenness of the person holding such permit or permitting any intoxicated person to loiter in or around his or her place of business;
	2. Person under the influence of drugs holding such permit or permitting any drugged person to loiter in or around his or her place of business;
	3. The sale to any person under twenty-one (21) years of age of low-point beer;
	4. Permitting persons under the age of twenty-one (21) in a separate or enclosed bar area which has as its main purpose the selling or serving of low-point beer for consumption on the premises unless said person's parent or legal guardian is present, in violation of the provisions of Sections 241 through 246 of this title;
	5. Nonpayment of any of the taxes or license fees imposed by the provisions of Section 163.1 et seq. of this title on complaint of the Oklahoma Tax Commission;
	6. Violating any of the laws of the state commonly called "Prohibition Laws" or violating any of the gambling laws of the state or permitting anyone to violate any of said laws in such places or violating any of the provisions of Section 163.1 et seq. of this title;
	7. Conviction for the violation of any of the laws of this state or the United States for the sale or possession of intoxicating liquors within three (3) years immediately preceding the issuance of such dealer's license; or
	8. Violating any law pertaining to the use, possession, or sale of drugs or narcotics or the violation of the narcotics laws of the State of Oklahoma or the United States.
	L. After the revocation of any such permit, for any of the above reasons, except paragraph 5 of subsection K of this section for nonpayment of taxes, or license fees, no new permit shall be issued to the same person for the same location or premises prior to the expiration of a period of one (1) year from the date of such revocation.
	M. On or before the tenth day of each month each district court clerk shall file with the Oklahoma Tax Commission, on forms prescribed and furnished by the Commission, a report showing the name, address, and county permit number of each such person to whom a county permit has been issued or whose permit has been revoked, or who shall have been refused a county permit, during the previous calendar month. In case of the revocation of a permit by a judge of the district court, the district court clerk shall within five (5) days report such action to the Oklahoma Tax Commission. If county permits shall have been issued, revoked or refused during the month, the district court clerk shall make a report accordingly to the Commission.
	N. Upon application to and approval by the court clerk of the district court, a retail dealer as defined by Section 163.2 of this title who meets the requirements of this section and Section 163.11a of this title may be granted a special event permit without the requirement of notice or posting, after payment of a fee of Twenty-five Dollars ($25.00) in addition to other fees required by law, which fees shall not be refundable or apportionable. A special event permit issued under this subsection shall authorize the holder thereof to sell and distribute low-point beer for a period not to exceed ten (10) consecutive days from the date of issuance. A separate permit shall be required for each individual place of business, whether permanent or a temporary assemblage. A special event permit shall not be renewable.

A. Every person applying to a district court clerk of this state for a permit to sell low-point beer at retail, as provided for in Section 163.11 of this title, shall by affidavit at the time of applying for said permit and by such further proof as the district court clerk may require, make the following proof: 1. Noncorporate Persons. That each applicant for a permit or other individual who has a beneficial interest in the business for which permit is sought, has for at least one (1) year next preceding the filing of the application maintained a bona fide residence in the State of Oklahoma, and is at the time of making said application maintaining and actually residing in a residence in the county or adjoining county in which said application is made; and 2. Corporate Persons. That such corporations are duly authorized to transact business in the State of Oklahoma, and that the agent or employees managing or in charge of the place of business for which the permit is sought is maintaining and residing in a residence located in said county, or adjoining county, and that such corporation consents that any and all notices required to be served under the provisions of Section 163.1 et seq. of this title may be served on such resident agent or employee.

B. Renewal permits may be granted to corporations which have undergone a name change after the initial permit was granted, provided that the new corporation's affidavit and application demonstrate that the corporation has retained the same officers, and that it is otherwise the same corporation which received the initial permit, in addition to payment of proper fees. The initial permits issued to noncorporate persons which have changed legal identities or entities may be renewed upon proper application demonstrating that the identity of the renewal permit holder is the same as that sought to be renewed, and that the business address is the same, in addition to payment of proper fees.

Each and every manufacturer shall report to the Commission in writing, under oath, monthly, not later than the tenth of each month, all sales of beverages, as herein defined, made during the preceding month to licensed wholesalers within the State of Oklahoma; and all sales made otherwise, during said period, including those for delivery outside the state. Such reports shall be upon forms prepared and furnished by said Commission and shall contain such information as may be required by it.

Each wholesaler shall, likewise, report to the Commission, in writing, under oath, not later than the tenth day of each month, each and every sale of beverages, as herein defined, made for delivery outside the state, and shall likewise report the volume of sales to persons within the state. At the same time each wholesaler shall report to the Commission, in writing, each and every purchase or consignment of beverage received.

Each and every retail dealer shall keep accurate records of all sales of low-point beer, whether purchased or manufactured by the retail dealer, to consumers or users, and of all purchases of such beverages from wholesalers or otherwise; and such records shall be preserved for a period of three (3) years and shall be open to inspection at all times by the Commission or any of its employees.

Any license issued to a wholesaler or retail dealer, as defined herein, may be refused or revoked by the Oklahoma Tax Commission upon ten (10) days' notice in writing to such wholesaler or retail dealer, and after opportunity to be heard before the said Commission for any of the following reasons: 

	1. The refusal by the judge of the district court to issue any permit to a retail dealer, or the cancellation by the judge of the district court of the county permit of any retail dealer;
	2. Nonpayment of delinquent tax, license fee or permit fees or penalties;
	3. Possession or display for sale by any retail dealer of low-point beer, as herein defined, upon which the tax imposed by any law of this state shall not have been paid;
	4. Failure on the part of any wholesaler or retail dealer to comply with all laws, or the regulations prescribed by the Oklahoma Tax Commission pursuant thereto relating to the enforcement duties imposed upon the Oklahoma Tax Commission by Section 163.1 et seq. of this title.

In any case, before a revocation of license by the Commission, any licensee shall be given ten (10) days' notice in writing and an opportunity to be heard shall be afforded, after which order of revocation may be issued by the Oklahoma Tax Commission, and the same shall thereupon become final; except, that no notice or hearing shall be required in case of a revocation by the Oklahoma Tax Commission after county permit has been revoked by the judge of the district court or application for renewal of county permit shall have been refused by the judge of the district court.

Upon application in the name of the State of Oklahoma on relation of the Oklahoma Tax Commission, any court of competent jurisdiction in this state shall have jurisdiction, and it shall be its duty to issue an injunction against any manufacturer, wholesaler or retail dealer as defined by this act:

	(a) For failure by any taxpayer to pay any tax or penalty imposed or accrued under this act;
	(b) For violation of the provisions of this Act or of the rules and regulations prescribed by the Oklahoma Tax Commission pertaining to    the enforcement of any tax or penalty imposed by this act.

	A. Every wholesaler of low-point beer, as defined by Section 163.1 et seq. of this title, whether acting for himself or herself or for some other person, who sells such beverages for transportation by railroad or other common carrier, or truck or other vehicle, for transportation from any point within this state to any other point within this state for delivery to a duly-licensed retail dealer, shall deliver to such purchaser of the same an invoice covering each purchase, which invoice shall accurately describe the cargo as to quantity, and shall show the date of sale or delivery, the name, location and Tax Commission number of the wholesaler, the name, location and Tax Commission number of the purchaser, the quantity and description of the cargo, the amount of tax thereon and by whom paid. Every invoice must be identified by consecutive numbers printed on the invoices and every wholesaler must account for each copy of the invoice and each number thereof. Every wholesaler must retain one copy of each invoice as a part of the permanent records of such wholesaler for a period of at least three (3) years.
	B. Every person who purchases or receives low-point beer, as defined herein, within this state, and transports the same, or causes the same to be transported, from any point within this state to any other point within this state, by railroad or other common carrier, or by truck or other vehicle, must, at all times, while such beverages are in transit, have in his or her possession or in the possession of the carrier or deliverer thereon, an invoice of the load being transported, properly describing the cargo as to quantity, and showing the amount of tax thereon to have been paid, and by whom paid. Such person must retain each invoice at the location for which the low-point beer permit was issued and such invoices must be retained by the retail dealer as a part of his or her permanent records for a period of at least three (3) years.
	C. Every person who shall purchase, accept or receive, for himself or herself or any other person, any such low-point beer, shall, at the time of delivery or acceptance of such beverages, demand and receive the statement or invoice specified in subsections A and B of this section.
	D. Each and every truck or other vehicle or conveyance used in the transportation of low-point beer, as defined by Section 163.1 et seq. of this title, on or over the roads and highways in this state, except common carrier in the state, and carriers in interstate commerce, and purchasers at retail, as defined in subsection H of this section, must have painted on both front and rear ends of each vehicle, in a conspicuous position, where it may easily be seen and read, in letters and figures at least four (4) inches high, the wholesaler's or retail dealer's license number, preceded by the initials "O.T.C. Bev.". If a trailer unit is attached, the foregoing initials and number must be painted on the rear end of the last unit.
	E. If any wholesaler or retail dealer, as hereinabove described, causes to be transported, as hereinabove stated, any such low-point beer, or any private carrier or other person employed by such wholesaler or retail dealer, such private carrier or other person shall place upon the truck or the conveyance used, the license number and "O.T.C. Bev." marking of such wholesaler or retail dealer, as hereinabove provided, which provisions, and the provisions relating to invoices, shall apply to such private carrier or other person, who, for the purposes of Section 163.1 et seq. of this title, shall be the agent of such wholesaler or retail dealer.
	F. Any person or persons violating any of the provisions of subsection A, B, C, D or E of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by a term in jail of not exceeding one (1) year, or by both such fine and imprisonment. The venue for any prosecution arising under this section shall be in the district court of any county in which any of said crimes are committed.
	G. Any person within the State of Oklahoma, while acting for himself or herself or who aids or abets any other person, in purchasing, selling, transporting, delivering or using, any low-point beer, as defined in Section 163.1 et seq. of this title, within the State of Oklahoma, with the intent and purpose of evading or avoiding the payment of the tax on such beverage imposed by law of the state, shall be guilty of a misdemeanor, and upon conviction shall be punished therefor as provided in subsection F of this section.
	H. The provisions of this section, relating to the marking of trucks or other vehicles conveying such low-point beer, shall not be construed to apply to manufacturers or wholesalers delivering beverages from without the state to points within the state, nor to common carriers engaged in shipping such beverages in, into or through the state, in interstate commerce, nor to a purchaser at retail of low-point beer upon which the tax has been paid.
	I. Common carriers transporting low-point beer, as defined by law, to points within the State of Oklahoma, shall furnish monthly reports to the Tax Commission showing the point of origin, the consignor, consignee, the date, and the amount of each shipment or consignment of such beverages so transported. Failure of any common carrier to comply with this provision shall be deemed a misdemeanor, and upon conviction thereof shall be punished for a misdemeanor as provided for under the general statutes of this state.

Every manufacturer of low-point beer licensed by the Oklahoma Tax
   Commission authorizing the licensee to sell its low-point beer in this
   state shall:
   
   1. Enter into an agreement with a licensed wholesaler to sell the
   designated brands of the licensed manufacturer which designates the
   sales territory of that licensed wholesaler and the designated brands
   to be sold by the licensed wholesaler. All such agreements shall
   specifically authorize the sale of the designated brands by a licensed
   wholesaler within that sales territory;
   
   2. Sell its registered and approved designated brands only to a
   licensed wholesaler with whom that licensed manufacturer has an
   agreement designating the sales territory of the licensed wholesaler
   and the designated brands to be sold by the licensed wholesaler;
   
   3. Authorize only one licensed wholesaler for each designated sales
   territory. Such licensed wholesaler shall be the only licensed
   wholesaler for the designated brands of the authorizing licensed
   manufacturer within that designated sales territory; and
   
   4. Designate who is responsible for the distribution of its designated
   brands.
   

§37-163.18C.
   
   In order to regulate distribution of low-point beer in this state, and
   assure collection of all applicable taxes and fees, all low-point beer
   sold in this state by a licensed wholesaler shall only be transported
   within this state to the licensed address and location of a licensed
   retailer or between the licensed addresses and locations of licensed
   retailers by a marked conveyance owned or leased by a licensed
   wholesaler.
   

§37-163.18D.
   
   A. A licensed wholesaler designated as the licensed wholesaler for a
   low-point beer within a designated sales territory shall present that
   low-point beer for sale to all licensed retailers within the
   designated sales territory without discrimination. A licensed
   wholesaler shall not sell, supply, or deliver either directly or
   indirectly through a third party, a low-point beer to a licensed
   retailer outside of the designated sales territory of the designated
   wholesaler, nor to any person the licensed wholesaler has reason to
   believe will sell or supply any quantity of the low-point beer to any
   retail location outside of the designated sales territory of the
   designated wholesaler.
   
   B. All low-point beer shall only be transported by a marked conveyance
   owned or leased by the licensed wholesaler and operated by the
   licensed wholesaler or an employee of the wholesaler for the products
   of a licensed manufacturer within the designated sales territory to
   the address and location of a licensed retail dealer within that
   designated sales territory.
   
   C. Any low-point beer sold by the licensed wholesaler shall not be
   delivered to, received by, or stored at any place other than the
   address and location of the licensed retailer for which state and
   local retail dealer licenses and permits have been issued.
   
   D. With the approval of the licensed manufacturer, a licensed
   wholesaler may sell the designated brands to a licensed retailer
   located in a designated sales territory of another licensed wholesaler
   if that licensed wholesaler is temporarily unable for any reason to
   provide the designated brands of the licensed manufacturer within its
   designated sales territory.
   
   E. All low-point beer purchased by a licensed wholesaler for resale in
   this state shall physically come into the possession of the licensed
   wholesaler and be unloaded in and distributed from the licensed
   warehouse of the licensed wholesaler located in this state, prior to
   being resold in this state.
   

§37-163.18E.
   
   A licensed manufacturer may terminate, cancel, or refuse to continue
   to provide designated brands pursuant to a designated sales territory
   agreement with any licensed wholesaler who has sold low-point beer
   supplied by that licensed manufacturer in violation of the provisions
   of the Low-Point Beer Distribution Act. Such termination,
   cancellation, or refusal to supply shall be effective immediately upon
   receipt of written notification by the offending licensed wholesaler.
   

§37-163.18F.
   
   The Oklahoma Tax Commission shall be responsible for developing and
   adopting rules and regulations for implementing the provisions of
   Sections 163.1 through 163.20, 163.22 through 163.25, and 231 of Title
   37 of the Oklahoma Statutes, and Sections 1 through 8 of this act.
   

§37-163.18G.
   
   Any aggrieved person shall have a cause of action for violations of
   the provisions of the Low-Point Beer Distribution Act and Section 231
   of this title and may recover damages or obtain injunctive relief or
   both.
   

§37-163.18H.
   
   A. In addition to any other powers conferred on the Oklahoma Tax
   Commission to impose penalties for violations of Sections 163.1
   through 163.25 and 231 of this title, whenever in the judgment of the
   Commission any person has committed an act which constitutes a
   violation of the Low-Point Beer Distribution Act and Section 231 of
   this title, the Commission may:
   
   1. After notice and hearing, issue a cease and desist order to any
   person that is licensed as a manufacturer or wholesaler;
   
   2. Impose a fine of not more than Five Thousand Dollars ($5,000.00)
   for each violation in the event that after the issuance of an order to
   cease and desist the illegal activity, the person that the order is
   directed to commits any act in violation of the order; and
   
   3. Make application to the appropriate court for an order enjoining
   such acts or practices, and upon a showing by the Commission that such
   violations have occurred, an injunction, restraining order, or such
   other order as may be appropriate shall be granted by such court,
   without bond.
   
   B. Each day a violation is continuing shall constitute a separate
   offense.
   
   C. Administrative fines imposed pursuant to the provisions of this
   section shall be enforceable in the district courts of this state.
   
   D. All administrative fines collected by the Commission pursuant to
   the provisions of this section shall be forwarded to the State
   Treasurer for deposit in the General Revenue Fund.
   
   E. Any manufacturer or wholesaler injured by a violation of the
   Low-Point Beer Distribution Act may:
   
   1. Bring an action for recovery of damages. Judgment shall be entered
   for actual damages plus reasonable attorney's fees and costs; and
   
   2. Bring an action to restrain and enjoin the violation of the
   Low-Point Beer Distribution Act.
   

§37-163.19.
   
   A. No low-point beer, as herein defined, may be sold by any licensed
   wholesaler or retail dealer, unless a label or other device is affixed
   or attached to each bottle, keg, or other container from which such
   beverage is immediately consumed or served, bearing the trade name of
   such beverage and the name and address of the manufacturer thereof. No
   retail dealer shall sell or dispense any beverage, as defined herein,
   from draught or in bulk, and not in the manufacturer's original
   container, unless each faucet, draught arm, or other dispensing
   apparatus is equipped with a sign clearly indicating the name of brand
   of the beverage being at the time dispensed through or by means of
   such faucet, draught arm, or other apparatus, and which sign shall be
   in legible lettering and in full sight of the purchaser.
   
   B. No person shall:
   
   1. Transfer to any bottle, keg, or other container, any label
   originally attached to any bottle, keg, or other container as required
   by subsection A of this section;
   
   2. Print, use, utter, or attach to any such container any false label
   or descriptive device in imitation of or substitute for such label or
   device;
   
   3. Attach to any container of any substitute for any such beverage, as
   defined, by Section 163.1 et seq. of this title, the trade name or
   label of any manufacturer or wholesaler; or
   
   4. Attach to any container of such beverage any label or device which
   misrepresents the contents of such container or in any manner
   indicates the alcoholic content of said beverage or which by wording,
   lettering, numbering or illustration, or in any manner carries any
   reference, allusion, or suggestion as to the alcoholic strength of
   such beverage in excess of three and two-tenths percent (3.2%) by
   weight, or upon which appears any such word or combination of words,
   or abbreviations thereof, as "strong", "full strength", "high test",
   "high proof", "prewar strength", "full old-time alcoholic strength",
   or any words or figures or other marks or characters alluding or
   referring to "proof", "balling", or "extract" contents of the
   beverage, or which bears a label that is untrue in any particular, or
   which directly, or by ambiguity, omission, or inference tends to
   create a misleading impression or causes or is reasonably calculated
   to cause deception of the consumer or purchaser with respect to such
   beverage.
   
   C. Any person violating any of the provisions of this section shall be
   guilty of a misdemeanor and upon conviction shall be fined not to
   exceed One Thousand Dollars ($1,000.00), or imprisoned in the county
   jail not exceeding one (1) year or shall be punished by both such fine
   and imprisonment.
   

§37-163.20.
   
   A. Any person who shall engage in the sale of low-point beer in
   violation of the provisions of Sections 163.1 through 163.25 of this
   title shall be deemed guilty of a misdemeanor, and upon conviction
   thereof shall be punished for such misdemeanor as provided for by the
   general statutes of this state.
   
   B. Any person who engages in the sale or shipping of low-point beer in
   violation of the provisions of Section 1 of this act on or after the
   effective date of Section 20.1 of Title 21 of the Oklahoma Statutes,
   upon conviction, shall be guilty of a Schedule G felony if the sale or
   delivery is made to a person under twenty-one (21) years of age, or a
   misdemeanor if the sale or delivery is made to a person twenty-one
   (21) years of age or older. Any person who engages in the sale or
   shipping of low-point beer in violation of the provisions of Section 1
   of this act before the effective date of Section 20.1 of Title 21 of
   the Oklahoma Statutes shall be guilty of a felony punishable by
   imprisonment for not more than two (2) years, if the sale or delivery
   is made to a person under twenty-one (21) years of age, or a
   misdemeanor, if the sale or delivery is made to a person twenty-one
   (21) years of age or older. The fine for a violation of Section 1 of
   this act shall be not more than Five Thousand Dollars ($5,000.00). In
   addition, if such person holds a permit issued by the Oklahoma Tax
   Commission pursuant to Section 163.7 of this title, the permit shall
   be revoked pursuant to the procedures set forth in Section 163.18H of
   this title.
   

§37-163.22.
   
   No manufacturer of low-point beer, as defined by Section 163.2 of this
   title, may sell or offer for sale in this state any low-point beer as
   so defined, at prices higher than the lowest price at which the
   specific, or comparable, item is being currently sold or offered for
   sale to any wholesaler anywhere in any state which adjoins the State
   of Oklahoma.
   

§37-163.23.
   
   Failure on the part of any manufacturer to comply with the provisions
   of Section 1 hereof shall subject such manufacturer to the revocation
   of permit by the Oklahoma Tax Commission under penalties and
   procedures set forth in Section 163.16, Title 37 of the Oklahoma
   Statutes, and penal provisions provided by Section 163.20, Title 37 of
   the Oklahoma Statutes.
   

§37-163.25.
   
   No retail license or permit to sell low-point beer shall be issued for
   any establishment that functions as a motion picture theater. If an
   establishment, which has functioned for some other purpose, has been
   licensed to sell such beverages and subsequently is operated as a
   motion picture theater, the license or permit shall be revoked.
   

§37-163.26.
   
   No person shall manufacture, sell, possess, store, import into or
   export from this state, transport, or deliver any low-point beer
   except as specifically provided in this title. It is unlawful for any
   manufacturer, wholesaler or retailer of low-point beer, located and
   doing business from outside this state, to make retail sales of
   low-point beer to purchasers located in this state or to ship
   low-point beer sold at retail to persons located in this state.
   

§37-163.27.
   
   It shall be unlawful for any place which has received a permit or
   which has been licensed to sell low-point beer and which has as its
   main purpose the selling or serving of low-point beer for consumption
   on the premises to be located within three hundred (300) feet of any
   public or private school or church property primarily and regularly
   used for worship services and religious activities. The distance
   indicated in this section shall be measured from the nearest property
   line of such public or private school or church to the nearest
   perimeter wall of the premises of any such place which has received a
   permit or which has been licensed to sell low-point beer. The
   provisions of this section shall not apply to places which have
   received a permit or which have been licensed to sell low-point beer
   for on-premises consumption prior to the effective date of this act.
   If any school or church shall be established within three hundred
   (300) feet of any place subject to the provisions of this section
   after such place has received a permit or been licensed, the
   provisions of this section shall not be a deterrent to the renewal of
   such permit or license if there has not been a lapse of more than
   sixty (60) days. When any place subject to the provisions of this
   section which has a permit or license to sell low-point beer for
   on-premises consumption changes ownership or the operator thereof is
   changed, and such change results in the same type of business being
   conducted on the premises, the provisions of this section shall not be
   a deterrent to the issuance of a license or permit to the new owner or
   operator if he or she is otherwise qualified.
   
   If an establishment selling low-point beer also is the holder of a
   mixed beverage or beer and wine license issued by the Alcoholic
   Beverage Laws Enforcement Commission, the establishment shall be
   subject to the zoning provisions of Section 3 of this act rather than
   the provisions of this section.
   

§37-213.
   
   From and after the effective date of this act it shall be unlawful for
   any place licensed to sell beverages containing more than one-half of
   one percent (1/2 of 1%) of alcohol by volume and not more than three
   and two-tenths percent (3.2%) of alcohol by weight to sell, dispense,
   or serve such beverages for consumption on the premises between the
   hours of two o'clock a.m. and seven o'clock a.m. or allow such
   beverages to be consumed on the premises between the hours of two
   o'clock a.m. and seven o'clock a.m. excepting Saturday nights when
   such beverages may not be sold, dispensed, served, or consumed on the
   premises between the hours of two o'clock a.m. and twelve o'clock noon
   on Sundays; provided, the governing body of any city or town is hereby
   authorized to prohibit, by ordinance regularly enacted, the sale,
   dispensing, serving, and consumption of such beverages between the
   hours of two o'clock a.m. on Sunday and seven o'clock a.m. of the
   following Monday.
   

§37-213.1.
   
   A. No owner, operator, partner, manager, or person having supervisory
   control of any establishment licensed to sell low-point beer shall
   permit any of the following on or about any commercial premises where
   low-point beer is dispensed or consumed:
   
   1. The performance by any person of acts, or simulated acts, of sexual
   intercourse, masturbation, sodomy, bestiality, oral copulation,
   flagellation, or any sexual acts which are otherwise prohibited by
   law;
   
   2. The actual intentional touching or caressing or fondling by any
   person of the breasts, anus or genitals;
   
   3. Any person on the licensed premises while such person is unclothed
   or in such attire, costume or clothing as to expose to view any
   portion of the areola of the female breast or any portion of the pubic
   hair, buttocks or genitals; or
   
   4. Any person to perform acts of, or acts which simulate, sexual acts
   which are prohibited by law, or permit any person to use artificial
   devices or inanimate objects to depict any prohibited activities or
   permit the showing of films, still pictures, electronic reproductions
   or other visual reproductions depicting any of the prohibited
   activities described in this paragraph.
   
   B. Any person convicted of violating the provisions of this section
   shall be guilty of a misdemeanor punishable by a fine of not more than
   Five Hundred Dollars ($500.00) for each offense. Each act in violation
   of any provision of this section shall be deemed a separate offense.
   Conviction for the violation of the provisions of this section shall
   be sufficient grounds for revocation by the judge of the district
   court of any license held by such person authorizing the sale of
   low-point beer or intoxicating beverages.
   

§37-213.2.
   
   A. No owner, operator, partner, manager, or person having supervisory
   control of any establishment that permits any person on the premises
   who is unclothed or in such attire, costume, or clothing as to expose
   to view any portion of the areola of the female breast or any portion
   of the pubic hair, buttocks or genitals, shall permit low-point beer,
   as defined by Section 163.2 of this title, on or about the premises.
   
   B. Any person convicted of violating the provisions of this section
   shall be guilty of a misdemeanor punishable by a fine of not more than
   Five Hundred Dollars ($500.00) for each offense. Each act in violation
   of this section shall be deemed a separate offense.
   

§37-215.
   
   No original or renewal license shall be issued, pursuant to the laws
   of this state, to any applicant for the sale of such beverages defined
   in Section 1 hereof, at any place wherein the sale of such beverages
   is forbidden in Section 1 and Section 2 of this act.
   

§37-216.
   
   The limitations on the sale of beverages and issuance of licenses
   therefor, contained in Section 1, 2 and 5 of this act, shall not be
   applicable to hotels legally licensed to sell such beverages on the
   15th day of March, 1943, nor as they relate to dancing in private
   homes, or to private dances conducted for recreational purposes and
   not for profit by bona fide lodges, posts, clubs, fraternal,
   benevolent, or charitable organizations; nor shall the provisions of
   this act prevent the sale or licensing of the sale of such beverages
   in drug stores, cafes or restaurants selling food for consumption on
   the premises, in which drug stores, cafes or restaurants dancing is
   not conducted or permitted.
   

§37-217.
   
   Any person violating any provision of this act shall be deemed guilty
   of a misdemeanor and upon conviction shall be punished by a fine of
   not more than Five Hundred Dollars ($500.00) or by imprisonment in the
   county jail for a term of not more than six (6) months, or by both
   such fine and imprisonment; and such violation shall be additional
   grounds for revocation of any license or permit for the sale of such
   beverages, as and in the manner provided by law.
   

§37-219.
   
   All municipalities of this state may enact ordinances prohibiting or
   regulating nudity or drink solicitation in establishments licensed to
   sell beverages containing more than one-half of one percent (1/2 of
   1%) of alcohol by volume and not more than three and two-tenths
   percent (3.2%) of alcohol by weight, for consumption on the premises
   of said establishments.
   

§37-219.1.
   
   The sale of low-point beer, as defined in Section 163.2 of this title,
   for off-premises consumption is hereby prohibited between the hours of
   two o'clock a.m. and six o'clock a.m. of the same day. Any holder of a
   retail license or permit to sell low-point beer, or an employee or
   agent of a holder of such a license or permit, who sells low-point
   beer in violation of the provisions of this section shall be guilty of
   a misdemeanor and, upon conviction, shall be punished by a fine of not
   more than Five Hundred Dollars ($500.00) or by imprisonment in the
   county jail for a term of not more than six (6) months, or by both
   such fine and imprisonment. Such violation shall be additional grounds
   for revocation of any license or permit for the sale of low-point
   beer, as and in the manner provided by law.
   

§37-231.
   
   A. It shall be unlawful for any person, firm, corporation, or others
   associated therein or employed thereby, engaged in business as a
   brewer, importer, or wholesaler, or other holder of a basic permit
   from the United States Secretary of the Treasury, of low-point beer,
   individually or through or by affiliates, subsidiaries, associates,
   agents, or stockholders, directly or indirectly, to do or cause to be
   done any of the following acts:
   
   1. Acquire, hold, or own any interest in the permit, license,
   premises, or business of a retail dealer in low-point beer;
   
   2. Acquire, hold, or own any interest in the real or personal property
   owned, occupied, or used by a retail dealer in low-point beer in the
   conduct of his or her business;
   
   3. Furnish, give, rent, lend, or sell to a retail dealer in low-point
   beer any equipment, fixture, outside signs, supplies, or other things
   having a real or substantial value. Provided that this paragraph shall
   not be construed to prohibit the furnishing of normal point of
   purchase advertising matter to such retail dealer in low-point beer;
   
   4. Pay or credit a retail dealer in low-point beer for any advertising
   display or distribution service;
   
   5. Guarantee or procure another to guarantee any loan or the payment
   of any financial obligation of a retail dealer in low-point beer;
   
   6. Extend credit to a retail dealer in low-point beer;
   
   7. Offer or give any bonus, premium, or compensation to an officer,
   employee, associate, relative, or representative of a retail dealer in
   low-point beer;
   
   8. Sell, offer for sale, or contract to sell to any retail dealer in
   low-point beer any low-point beer on consignment, or with the
   privilege of return, or on any basis other than a bona fide cash sale;
   
   9. Use or employ any device or scheme to subsidize in any manner any
   retail dealer in low-point beer; or
   
   10. Permit any retail dealer in low-point beer to do for such brewer,
   importer, wholesaler, or other holder of a basic permit from the
   United States Secretary of the Treasury, of low-point beer any of the
   above acts hereby made unlawful to be done on behalf of such retail
   dealer in low-point beer.
   
   B. The provisions of this section shall not preclude a retail dealer
   from manufacturing low-point beer for consumption on the licensed
   premises of the retail dealer. As used in this subsection, "licensed
   premises" means any place of business, as defined by Section 163.8 of
   this title, for which a retail dealer has obtained a permit pursuant
   to subparagraph c of paragraph 3 of Section 163.7 of this title or any
   location for which a retail dealer has obtained a special license
   pursuant to subparagraph d of paragraph 3 of Section 163.7 of this
   title.
   

§37-232.
   
   Any violation of this act shall be a misdemeanor on the part of all
   persons participating therein, and upon final conviction thereof each
   person shall pay a fine of Five Hundred Dollars ($500.00) for the
   first offense, and One Thousand Dollars ($1000.00) for each subsequent
   offense.
   

§37-233.
   
   The provisions of Section 231 et seq. of this title shall apply to the
   business of dealing in low-point beer only, and if any section,
   sentence, subdivision, or clause hereof shall for any reason be held
   to be invalid or unconstitutional, such decision shall not affect the
   validity of the remaining portions of Section 231 et seq. of this
   title.
   

§37-241.
   
   A. It shall be unlawful for any person to sell, barter, or give to any
   person under twenty-one (21) years of age any low-point beer, as
   defined in Section 163.2 of this title.
   
   B. It shall be unlawful for any person who holds a license to sell and
   dispense low-point beer for consumption on the premises, or any agent,
   servant, or employee of said license holder, to permit any person
   under twenty-one (21) years of age to be admitted to or remain in a
   separate or enclosed bar area of the licensed premises unless said
   person's parent or legal guardian is present, which has as its main
   purpose the selling or serving of low-point beer for consumption on
   the premises. The provisions of this section shall not prohibit
   persons under twenty-one (21) years of age from being admitted to an
   area which has as its main purpose some objective other than the sale
   or serving of low-point beer, in which sales or serving of said
   beverages are incidental to the main purpose, as long as persons under
   twenty-one (21) years of age are not sold or served said beverages;
   however, the incidental service of food in the bar area shall not
   exempt a licensee, agent, servant, or employee from the provisions of
   this section.
   
   C. It shall be unlawful for any person who holds a license to sell and
   dispense low-point beer, for consumption on the premises, or any
   agent, servant or employee of said license holder to permit any person
   under twenty-one (21) years of age to consume any low-point beer on
   the licensed premises.
   
   D. Any person violating the provisions of subsection A, B or C of this
   section shall upon conviction be guilty of a misdemeanor.
   

§37-243.
   
   A. It shall be unlawful for any person under eighteen (18) years of
   age to be employed or permitted to work, in any capacity whatsoever,
   in a place where low-point beer is sold or dispensed for consumption
   on the premises.
   
   B. It shall be unlawful for any person under the age of majority to be
   employed or permitted to work, in any capacity whatsoever, in the
   separate or enclosed bar area of a place where the main purpose of the
   area is the sale or consumption of low-point beer. The provisions of
   this subsection shall not apply to any area which has as its main
   purpose some objective other than the sale or serving of low-point
   beer, in which sales or serving of said beverages are incidental to
   the main purpose; however, the incidental service of food in the bar
   area shall not exempt a holder of a license to sell low-point beer for
   consumption on the premises from the provisions of this subsection.
   
   C. A parent as regards the employment of his or her own child or
   children is excepted from the provisions of this section, provided
   that such employment shall in no capacity whatsoever be related to the
   selling or dispensing of such beverages.
   
   D. The provisions of subsection A of this section shall not apply to
   any business or establishment where sales of said beverages do not
   exceed twenty-five percent (25%) of the gross sales of the business or
   establishment.
   

§37-244.
   
   A. The violation by any person of the provisions of Sections 241 or
   243 of this title or any statute pertaining to the sale of low-point
   beer, as defined in Section 163.2 of this title, shall be sufficient
   ground for revocation by the judge of the district court of any permit
   held by such person authorizing the sale of low-point beer. The permit
   shall be revoked if the person is convicted of a violation of the
   provisions of Section 241 or 243 of this title after a prior
   conviction of the provisions of Section 241 or 243 of this title. No
   new permit shall be issued to such person or to a relative of such
   person for a period of twelve (12) months after such revocation. The
   permit shall be revoked if a servant, agent, employee or
   representative of the permit holder is convicted of a violation of the
   provisions of Section 241 or 243 of this title after that person has
   been convicted of a prior violation of the provisions of Section 241
   or 243 of this title within the previous twelve (12) months.
   
   B. Each holder of a retail license or permit to sell and dispense
   low-point beer, as defined in Section 163.2 of this title, shall be
   held responsible for any violation of Section 241 or 243 of this title
   committed by a servant, agent, employee or representative of the
   license or permit holder.
   

§37-246.
   
   A. No person under twenty-one (21) years of age shall consume or
   possess with the intent to consume low-point beer, as defined in
   Section 163.2 of this title, in any public place. It shall be unlawful
   for any person under twenty-one (21) years of age to purchase or
   attempt to purchase low-point beer, as defined in Section 163.2 of
   this title, except under supervision of law enforcement officers. Any
   person violating any of the provisions of this section shall be
   guilty, upon conviction, of a misdemeanor and punished by a fine not
   to exceed One Hundred Dollars ($100.00) or by appropriate community
   service not to exceed twenty (20) hours. Provided, the provisions of
   this section shall not apply when such persons are under the direct
   supervision of their parent or guardian, but in no instance shall this
   exception be interpreted to allow such persons to consume such
   beverages in any place licensed to dispense low-point beer as provided
   in Section 163.11 of this title.
   
   B. If the premises of a holder of a license to sell low-point beer
   contains a separate or enclosed bar area which has as its main purpose
   the sale or serving of low-point beer for consumption on the premises,
   no person under twenty-one (21) years of age shall enter, attempt to
   enter, or remain in said area. The provisions of this subsection shall
   not prohibit persons under twenty-one (21) years of age from entering
   or remaining in an area which has as its main purpose some objective
   other than the sale or serving of low-point beer, in which sales or
   serving of said beverages are incidental to the main purpose, if the
   persons under twenty-one (21) years of age are not sold or served or
   do not consume low-point beer anywhere on the premises; however, the
   incidental service of food in the bar area shall not exempt persons
   under twenty-one (21) years of age from the provisions of this
   subsection. Any person convicted of violating the provisions of this
   subsection shall be guilty of a misdemeanor and punished by a fine not
   to exceed One Hundred Dollars ($100.00).
   
   C. Except as otherwise provided, an admission charge shall not be
   considered in any calculation designed to determine the main purpose
   of an area pursuant to subsection B of this section. For purposes of
   this section, an "admission charge" shall mean any form of
   consideration received by an establishment from a person in order for
   that person to gain entry into the establishment or an area thereof.
   
   D. The provisions of subsection C of this section shall not apply:
   
   1. If only persons eighteen (18) years of age or older are permitted
   to enter the licensed premises;
   
   2. If the licensed premises are owned or operated by a service
   organization or fraternal establishment which is exempt under Section
   501(c)(19), (8), or (10) of the Internal Revenue Code; or
   
   3. To a public event held in a facility owned or operated by any
   agency, political subdivision or public trust of this state.
   
   E. A violation of the provisions of this section shall not be a basis
   for instituting juvenile proceedings to determine if a person under
   eighteen (18) years of age is a delinquent child; however, if a person
   under eighteen (18) years of age habitually violates the provisions of
   this section, juvenile proceedings may be brought to determine if the
   person is a delinquent child. A person under eighteen (18) years of
   age who has been convicted of violating the provisions of this section
   shall be subject to the penalty provisions provided in this section.
   

§37-247.
   
   No holder of a retail license or permit to sell low-point beer, or an
   employee or agent of a holder of such a license or permit, shall
   knowingly, willfully and wantonly sell, deliver or furnish low-point
   beer to an intoxicated person. Any person violating the provisions of
   this section shall be guilty of a misdemeanor and, upon conviction,
   shall be punished by a fine of not more than Five Hundred Dollars
   ($500.00) or by imprisonment in the county jail for a term of not more
   than six (6) months, or by both such fine and imprisonment. Such
   violation shall be additional grounds for revocation of any license or
   permit for the sale of low-point beer as and in the manner provided by
   law.
   

§37-501.
   
   37 O.S.1951, Sections 1 through 7 and 9 through 131, as amended, and
   all laws or parts of laws in conflict with this act are hereby
   repealed.
   

§37-502.
   
   Sections 2 through 105 of this act and Sections 504, 516, 533, 543.1,
   562 and 566 of this title shall be known and may be cited as the
   "Oklahoma Alcoholic Beverage Control Act".
   

§37-503.
   
   A. The Oklahoma Alcoholic Beverage Control Act shall be deemed an
   exercise of the police power of the State of Oklahoma for the
   protection of the welfare, health, peace, temperance and safety of the
   people of the state, and all the provisions hereof shall be construed
   for the accomplishment of that purpose.
   
   B. Municipalities are authorized to enact ordinances consistent with
   the provisions of the Oklahoma Alcoholic Beverage Control Act. In
   municipalities with populations of thirty-five thousand (35,000) or
   more these ordinances may provide for maximum penalties of fines not
   to exceed One Thousand Dollars ($1,000.00) plus court costs, and
   imprisonment not to exceed ninety (90) days, or both such fine and
   imprisonment.
   
   C. All municipalities of this state may enact ordinances prohibiting
   or regulating nudity or drink solicitation in establishments licensed
   pursuant to the provisions of the Oklahoma Alcoholic Beverage Control
   Act.
   
   D. The provisions of this section shall not authorize any city or town
   to regulate by ordinance or issue any licenses for activities for
   which a license is required to be issued pursuant to the provisions of
   the Oklahoma Alcoholic Beverage Control Act.
   

§37-504.
   
   All alcoholic beverages as herein defined except alcohol produced for
   use as a motor fuel under a permit issued by the State Department of
   Agriculture shall be subject to the provisions of the Oklahoma
   Alcoholic Beverage Control Act.
   

§37-505.
   
   A. No person shall manufacture, rectify, sell, possess, store, import
   into or export from this state, transport, or deliver any alcoholic
   beverage except as specifically provided in the Oklahoma Alcoholic
   Beverage Control Act. Provided, that nothing herein shall prevent the
   possession and transportation of alcoholic beverages for the personal
   use of the possessor, his family and guests, so long as the Oklahoma
   excise tax has been paid thereon, except for beer. Provided, that
   nothing herein shall prevent the making of cider or of wine, not to
   exceed two hundred (200) gallons in any one (1) year pursuant to a
   license first obtained from the Alcoholic Beverage Laws Enforcement
   Commission, by simple fermentation and without distillation, if made
   solely for the use of the maker, his family and guests.
   
   B. 1. Any duly licensed physician or dentist may possess and use
   alcoholic beverages in the strict practice of his profession and any
   hospital or other institution caring for sick and diseased persons may
   possess and use alcoholic beverages for the treatment of bona fide
   patients of such hospital or institution. Any drugstore employing a
   licensed pharmacist may possess and use alcoholic beverages in the
   preparation of prescriptions of duly licensed physicians.
   
   2. The possession, transportation and dispensation of wine by any
   authorized representative of any church for the conducting of a bona
   fide rite or religious ceremony conducted by such church shall not be
   prohibited by the Oklahoma Alcoholic Beverage Control Act; nor shall
   said act prevent the sale, shipping or delivery of sacramental wine by
   any person holding a sacramental wine supplier license issued pursuant
   to the Oklahoma Alcoholic Beverage Control Act to any religious
   corporation or society of this state holding a valid exemption from
   taxation issued pursuant to Section 501(a) of the Internal Revenue
   Code, 1954, and listed as an exempt organization in Section 501(c)(3)
   of the Internal Revenue Code, 1954, of the United States, as amended.
   
   3. Provided further, that nothing in the Oklahoma Alcoholic Beverage
   Control Act shall prevent the possession, transportation and sale of
   alcoholic beverages, including beer as defined by Section 506 of this
   title and beer containing not more than three and two-tenths percent
   (3.2%) of alcohol by weight, within military reservations and in
   accordance with the laws, rules and regulations governing such
   military reservations, provided that the Oklahoma excise tax has been
   paid on spirits and wines.
   
   C. 1. Except as otherwise authorized by law, it is unlawful for any
   manufacturer, wholesaler or retailer of alcoholic beverages, located
   and doing business from outside this state, to make retail sales of
   alcoholic beverages to purchasers located in this state or to ship
   alcoholic beverages sold at retail to persons located in this state.
   Any person who engages in the sale or shipping of alcoholic beverages
   in violation of the provisions of this subsection on or after the
   effective date of Section 20.1 of Title 21 of the Oklahoma Statutes,
   upon conviction, shall be guilty of a Schedule G felony if the sale or
   delivery is made to a person under twenty-one (21) years of age or
   misdemeanor if the sale or delivery is made to a person twenty-one
   (21) years of age or older. Any person who engages in the sale or
   shipping of alcoholic beverages in violation of the provisions of this
   subsection before the effective date of Section 20.1 of Title 21 of
   the Oklahoma Statutes shall be guilty of a felony punishable by
   imprisonment for not more than five (5) years, if the sale or delivery
   is made to a person under twenty-one (21) years of age, or a
   misdemeanor, if the sale or delivery is made to a person twenty-one
   (21) years of age or older.
   
   2. The fine for a violation of this subsection shall be not more than
   Five Thousand Dollars ($5,000.00).
   
   3. In addition, if such person holds a license issued by the Oklahoma
   Alcoholic Beverage Laws Enforcement Commission, the license shall be
   revoked pursuant to Section 528 of this title.
   

§37-506.
   
   When used in the Oklahoma Alcoholic Beverage Control Act, Section 501
   et seq. of this title, the following words and phrases shall have the
   following meaning:
   
   1. "ABLE Commission" means the Alcoholic Beverage Laws Enforcement
   Commission;
   
   2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
   alcohol, ethanol, or spirits of wine, from whatever source or by
   whatever process produced. It does not include wood alcohol or alcohol
   which has been denatured or produced as denatured in accordance with
   Acts of Congress and regulations promulgated thereunder;
   
   3. "Alcoholic beverage" means alcohol, spirits, beer, and wine as
   those terms are defined herein and also includes every liquid or
   solid, patented or not, containing alcohol, spirits, wine or beer and
   capable of being consumed as a beverage by human beings, but does not
   include low-point beer as that term is defined in Section 163.2 of
   this title;
   
   4. "Applicant" means any individual, legal or commercial business
   entity, or any individual involved in any legal or commercial business
   entity allowed to hold any license issued in accordance with the
   Oklahoma Alcoholic Beverage Control Act;
   
   5. "Beer" means any beverage containing more than three and two-tenths
   percent (3.2%) of alcohol by weight and obtained by the alcoholic
   fermentation of an infusion or decoction of barley, or other grain,
   malt or similar products. "Beer" may or may not contain hops or other
   vegetable products. "Beer" includes, among other things, beer, ale,
   stout, lager beer, porter and other malt or brewed liquors, but does
   not include sake, known as Japanese rice wine;
   
   6. "Bottle club" means any establishment in a county which has not
   authorized the retail sale of alcoholic beverages by the individual
   drink, which is required to be licensed to keep, mix, and serve
   alcoholic beverages belonging to club members on club premises;
   
   7. "Brewer" means any person who produces beer in this state;
   
   8. "Class B wholesaler" means and includes any person doing any such
   acts or carrying on any such business that would require such person
   to obtain a Class B wholesaler license hereunder;
   
   9. "Convicted" and "conviction" mean and include a finding of guilt
   resulting from a plea of guilty or nolo contendere, the decision of a
   court or magistrate or the verdict of a jury, irrespective of the
   pronouncement of judgment or the suspension thereof;
   
   10. "Director" means the Director of the Alcoholic Beverage Laws
   Enforcement Commission under the supervision of said Commission;
   
   11. "Distiller" means any person who produces spirits from any source
   or substance, or any person who brews or makes mash, wort, or wash,
   fit for distillation or for the production of spirits (except a person
   making or using such material in the authorized production of wine or
   beer, or the production of vinegar by fermentation), or any person who
   by any process separates alcoholic spirits from any fermented
   substance, or any person who, making or keeping mash, wort, or wash,
   has also in his or her possession or use a still;
   
   12. "Hotel" or "motel" shall mean an establishment which is licensed
   to sell alcoholic beverages by the individual drink and which contains
   guestroom accommodations with respect to which the predominant
   relationship existing between the occupants thereof and the owner or
   operator of the establishment is that of innkeeper and guest. For
   purposes of this section, the existence of other legal relationships
   as between some occupants and the owner or operator thereof shall be
   immaterial;
   
   13. "Legal newspaper" means a newspaper meeting the requisites of a
   newspaper for publication of legal notices as prescribed in Sections
   101 through 114 of Title 25 of the Oklahoma Statutes;
   
   14. "Licensee" means any person holding a license under the Oklahoma
   Alcoholic Beverage Control Act, and any agent, servant, or employee of
   such licensee while in the performance of any act or duty in
   connection with the licensed business or on the licensed premises;
   
   15. "Light beer" means a low-point beer controlled under this title;
   
   16. "Light wine" means any wine containing not more than fourteen
   percent (14%) alcohol measured by volume at sixty (60) degrees
   Fahrenheit;
   
   17. "Manufacturer's agent" means a salaried or commissioned salesman
   who sells to a wholesaler or Class B wholesaler only;
   
   18. "Manufacturer" means a brewer, distiller, winemaker, rectifier, or
   bottler of any alcoholic beverage;
   
   19. "Meals" means foods commonly ordered at lunch or dinner and at
   least part of which is cooked on the licensed premises and requires
   the use of dining implements for consumption. Provided, that the
   service of only food such as appetizers, sandwiches, salads or
   desserts shall not be considered "meals";
   
   20. "Mini-bar" means a closed container, either refrigerated, in whole
   or in part, or nonrefrigerated, and access to the interior of which is
   (1) restricted by means of a locking device which requires the use of
   a key, magnetic card, or similar device, or (2) controlled at all
   times by the licensee;
   
   21. "Mixed beverage cooler" means any beverage, by whatever name
   designated, consisting of an alcoholic beverage and fruit or vegetable
   juice, fruit or vegetable flavorings, dairy products or carbonated
   water containing more than one-half of one percent (1/2 of 1%) of
   alcohol measured by volume but not more than seven percent (7%)
   alcohol by volume at sixty (60) degrees Fahrenheit and which is
   packaged in a container not larger than three hundred seventy-five
   (375) milliliters. Such term shall include, but not be limited to, the
   beverage popularly known as a "wine cooler";
   
   22. "Mixed beverages" means one or more servings of a beverage
   composed in whole or part of an alcoholic beverage in a sealed or
   unsealed container of any legal size for consumption on the premises
   where served or sold by the holder of a mixed beverage, beer and wine,
   caterer, or special event license;
   
   23. "Motion picture theater" means a place where motion pictures are
   exhibited and to which the general public is admitted, but does not
   include a place where meals, as defined by this section, are served,
   if only persons over twenty-one (21) years of age are admitted;
   
   24. "Retail salesman" means a salesman soliciting orders from and
   calling upon retail alcoholic beverage stores with regard to his or
   her product;
   
   25. "Occupation" as used in connection with "occupation tax" means the
   sites occupied as the places of business of the manufacturers,
   wholesalers, Class B wholesalers, retailers, mixed beverage licensees,
   beer and wine licensees, bottle clubs, caterers, and special event
   licensees;
   
   26. "Original package" means any container of alcoholic beverage
   filled and stamped or sealed by the manufacturer;
   
   27. "Patron" means any person, customer, or visitor who is not
   employed by a licensee or who is not a licensee;
   
   28. "Person" means an individual, any type of partnership,
   corporation, association, limited liability company or any individual
   involved in the legal structure of any such business entity;
   
   29. "Premises" means the grounds and all buildings and appurtenances
   pertaining to the grounds including any adjacent premises if under the
   direct or indirect control of the licensee and the rooms and equipment
   under the control of the licensee and used in connection with or in
   furtherance of the business covered by a license. Provided that the
   ABLE Commission shall have the authority to designate areas to be
   excluded from the licensed premises solely for the purpose of:
   
   a. allowing the presence and consumption of alcoholic beverages, not
   bearing serially numbered identification stamps issued by the Oklahoma
   Tax Commission, by private parties which are closed to the general
   public, or
   
   b. allowing the services of a caterer serving alcoholic beverages
   provided by a private party.
   
   This exception shall in no way limit the licensee's concurrent
   responsibility for any violations of the Oklahoma Alcoholic Beverage
   Control Act occurring on the licensed premises;
   
   30. "Rectifier" means any person who rectifies, purifies, or refines
   spirits or wines by any process (other than by original and continuous
   distillation, or original and continuous processing, from mash, wort,
   wash, or other substance, through continuous closed vessels and pipes,
   until the production thereof is complete), and any person who, without
   rectifying, purifying, or refining spirits, shall by mixing (except
   for immediate consumption on the premises where mixed) such spirits,
   wine, or other liquor with any material, manufactures any spurious,
   imitation, or compound liquors for sale, under the name of whiskey,
   brandy, rum, gin, wine, spirits, cordials, or any other name;
   
   31. "Regulation" or "rule" means a formal rule of general application
   promulgated by the ABLE Commission as herein required;
   
   32. "Retail container for spirits and wines" means an original package
   of a capacity not less than one-twentieth (1/20) gallon specified by
   the ABLE Commission in its regulations for the alcoholic beverage
   concerned, or an original package with a capacity of less than
   one-twentieth (1/20) gallon, referred to as miniatures;
   
   33. "Retailer" means the holder of a Package Store License;
   
   34. "Sale" means any transfer, exchange or barter in any manner or by
   any means whatsoever, and includes and means all sales made by any
   person, whether as principal, proprietor or as an agent, servant or
   employee. The term "sale" is also declared to be and include the use
   or consumption in this state of any alcoholic beverage obtained within
   or imported from without this state, upon which the excise tax levied
   by the Oklahoma Alcoholic Beverage Control Act has not been paid or
   exempted;
   
   35. "Short order food" means food other than full meals including but
   not limited to sandwiches, soups, and salads. Provided that popcorn,
   chips, and other similar snack food shall not be considered "short
   order food";
   
   36. "Sparkling wine" means champagne or any artificially carbonated
   wine;
   
   37. "Spirits" means any beverage other than wine, beer or light beer,
   which contains more than one-half of one percent (1/2 of 1%) alcohol
   measured by volume and obtained by distillation, whether or not mixed
   with other substances in solution and includes those products known as
   whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified
   wines and similar compounds; but shall not include any alcohol liquid
   completely denatured in accordance with the Acts of Congress and
   regulations pursuant thereto;
   
   38. "Wholesaler" means and includes any person doing any such acts or
   carrying on any such business or businesses that would require such
   person to obtain a wholesaler's license or licenses hereunder;
   
   39. "Wine" means and includes any beverage containing more than
   one-half of one percent (1/2 of 1%) alcohol by volume and not more
   than twenty-four percent (24%) alcohol by volume at sixty (60) degrees
   Fahrenheit obtained by the fermentation of the natural contents of
   fruits, vegetables, honey, milk or other products containing sugar,
   whether or not other ingredients are added, and includes vermouth and
   sake, known as Japanese rice wine;
   
   40. "Winemaker" means any person who produces wine; and
   
   41. "Oklahoma winemaker" means a business premises in Oklahoma
   licensed pursuant to the Oklahoma Alcoholic Beverage Control Act
   wherein wine is produced by the licensee who must be a resident of the
   state. The wine product fermented in said licensed premises shall be
   of grapes, berries and other fruits and vegetables imported into this
   state and processed herein or shall be of grapes, berries and other
   fruits and vegetables grown in Oklahoma.
   
   Words in the plural include the singular, and vice versa, and words
   imparting the masculine gender include the feminine, as well as
   persons and licensees as defined in this section.
   

§37-506.1.
   
   A. The Alcoholic Beverage Laws Enforcement Commission, also referred
   to in the Oklahoma Alcoholic Beverage Control Act as the ABLE
   Commission, created pursuant to the provisions of Section 1 of Article
   XXVIII of the Oklahoma Constitution, as the successor to the Oklahoma
   Alcoholic Beverage Control Board, shall be organized as follows:
   
   1. The five (5) members serving on the Oklahoma Alcoholic Beverage
   Control Board on September 18, 1984, shall serve as the five (5)
   at-large members of the ABLE Commission until the dates on which their
   terms of office on the Oklahoma Alcoholic Beverage Control Board would
   have expired. Thereafter, the term of office of a member appointed
   at-large to the ABLE Commission shall be five (5) years.
   
   2. Within ninety (90) days after September 18, 1984, the two members
   required by the provisions of Article XXVIII of the Oklahoma
   Constitution to have law enforcement experience in this state shall be
   appointed. The terms of office of these members and of successors to
   these positions shall be five (5) years. Members with law enforcement
   experience shall meet the qualifications for permanent appointment of
   police or peace officers provided for in Section 3311 of Title 70 of
   the Oklahoma Statutes.
   
   B. Members of the ABLE Commission shall be citizens of the United
   States, shall be qualified electors in this state, shall have been
   residents of this state for at least ten (10) consecutive years
   immediately preceding the date of their appointment and qualification,
   and shall be persons of outstanding character, experienced, efficient,
   and successful in business affairs, and of good reputation in their
   communities. Said members shall execute the loyalty oath required by
   law for elected state officials before assuming the duties of their
   office. No person shall be appointed who has been convicted of or
   shall have pleaded guilty to a felony, or of any violation of any
   federal or state law concerning the manufacture or sale of alcoholic
   beverage or cereal malt beverages prior or subsequent to the passage
   of the Oklahoma Alcoholic Beverage Control Act, or who has paid a fine
   or penalty in settlement in any prosecution against him in any
   violation of such laws, or who shall have forfeited his bond to appear
   in court to answer charges for any such violation. No appointee shall
   serve if he or any person related to him in the third degree by
   consanguinity or affinity is an officer, director, employee, or
   stockholder in any corporation or partnership which has as its
   business the manufacture, sale, or distribution of an alcoholic
   beverage. ABLE Commission members shall not own, mortgage, or lease
   any retail or wholesale store or warehouse, any establishment selling
   alcoholic beverages by the individual drink for on-premises
   consumption, any establishment operated by a caterer who provides
   alcoholic beverages by the individual drink pursuant to a caterer's
   license, or any bottle club as provided in the alcoholic beverage
   control laws of this state. The provisions of the Oklahoma Alcoholic
   Beverage Control Act shall not prevent any member of the ABLE
   Commission from purchasing and keeping in his possession, for his own
   use or use by the members of his family or any guests, any alcoholic
   beverage which may be purchased or kept by any person by virtue of the
   provisions of the Oklahoma Alcoholic Beverage Control Act.
   
   C. A majority of the members of the ABLE Commission shall constitute a
   quorum to transact business, but no vacancy shall impair the right of
   the remaining members to exercise all of the powers of said
   Commission, and every act of a majority of the members shall be deemed
   to be the act of the ABLE Commission. The ABLE Commission shall
   appoint the Director as secretary who shall keep a record of all
   proceedings and official acts of the Commission and who shall be the
   custodian of all records and perform such other duties as the ABLE
   Commission shall prescribe.
   
   D. Each member of the ABLE Commission shall receive reimbursement for
   travel expenses incurred in attending meetings as provided for in the
   State Travel Reimbursement Act.
   
   E. The office of the ABLE Commission shall be in Oklahoma City in
   office space provided by the Office of Public Affairs. All meetings of
   the ABLE Commission shall be open to the public and all records of the
   ABLE Commission shall be public records and open for public
   inspection. The ABLE Commission shall hold regular meetings at least
   once a month at its office, and may hold such special meetings as it
   deems necessary at any time and at any place within the state. The
   ABLE Commission, for authentication of its records, process, and
   proceedings, may adopt, keep, and use a common seal, of which seal
   judicial notice shall be taken in all the courts of the state. Any
   process, notice, or other paper which the ABLE Commission may be
   authorized by law to issue shall be deemed sufficient if signed by the
   secretary of the ABLE Commission and authenticated by such seal. All
   acts, orders, proceedings, rules, regulations, entries, minutes, and
   other records of the ABLE Commission, and all reports and documents
   filed with the ABLE Commission may be proved in any court of this
   state by copy thereof certified by the secretary of the ABLE
   Commission with the seal of the ABLE Commission attached. The ABLE
   Commission shall not adopt or promulgate any rule or regulation
   inconsistent with the provisions of the Oklahoma Alcoholic Beverage
   Control Act or any law of this state.
   
   F. All unexpended funds, property, records, personnel, and outstanding
   financial obligations and encumbrances of the Oklahoma Alcoholic
   Beverage Control Board shall be transferred to the Alcoholic Beverage
   Laws Enforcement Commission.
   

§37-507.1.
   
   The Alcoholic Beverage Laws Enforcement Commission is hereby
   authorized to utilize funds appropriated by the Legislature to
   purchase insurance on the motor vehicles owned and operated by said
   ABLE Commission in accordance with statutory provisions, subject to
   the approval of the Risk Management Administrator as provided for in
   Section 85.34 of Title 74 of the Oklahoma Statutes.
   

§37-507.2.
   
   The Alcoholic Beverage Laws Enforcement Commission is hereby
   authorized to utilize funds appropriated by the Legislature to
   purchase automobiles necessary for use in its operations. Said
   automobiles shall not be required to have any type of identifying
   marking thereon.
   

§37-508.
   
   The Alcoholic Beverage Laws Enforcement Commission shall appoint a
   Director to serve at the pleasure of the ABLE Commission and who shall
   devote his entire time to the duties of his office. The Director shall
   be the principal administrative officer of the ABLE Commission. The
   ABLE Commission may delegate to the Director such of its powers,
   functions and duties relating to the administration and enforcement of
   the Oklahoma Alcoholic Beverage Control Act as it may in its
   discretion deem desirable, except that it shall not deny any applicant
   for a license or any licensee the right to a hearing before the ABLE
   Commission as herein provided.
   

§37-509.
   
   The Director shall employ an Assistant Director and inspectors,
   agents, clerks, stenographers, accountants, chemists and such other
   personnel as are necessary to properly enforce and administer this
   law. He or she shall require bonds in such instances and amounts as
   the Alcoholic Beverage Laws Enforcement Commission may direct. He or
   she shall be in direct charge of all records and if authorized by the
   ABLE Commission shall have the following duties and responsibilities:
   
   A. Immediately upon the appointment and qualification of the Director
   he or she shall become vested with the duties and powers of the
   management and control of the office of Director, and shall become
   vested with all duties and powers imposed upon him or her by any
   orders, rules and regulations as may be prescribed by the ABLE
   Commission, and in addition thereto shall have the following specific
   powers and duties:
   
   1. To issue licenses provided for in the Oklahoma Alcoholic Beverage
   Control Act, Section 502 et seq. of this title, and to approve or
   reject any official bond required to be filed with the Director or the
   ABLE Commission;
   
   2. To appoint and employ, supervise and discharge such personnel,
   clerical, skilled and semiskilled help, labor and other employees as
   may be determined necessary for the proper discharge of the duties of
   the office of Director, upon salary fixed and determined by the ABLE
   Commission and subject to all the rules and regulations that may be
   promulgated by the ABLE Commission. The Director and the ABLE
   Commission, in appointing and employing personnel, shall give
   preference to honorably discharged members of the Armed Forces of the
   United States;
   
   3. To conduct such investigations and make such reports as may be
   necessary to keep the ABLE Commission and members thereof advised
   concerning any violations of the provisions of the Oklahoma Alcoholic
   Beverage Control Act and make orders for its enforcement;
   
   4. To make recommendations to the ABLE Commission concerning the
   suspension or revocation of any licenses, the levying of fines against
   licensees for violations of the provisions of the Oklahoma Alcoholic
   Beverage Control Act or regulations or rules of the ABLE Commission,
   or any action that should be filed or commenced against any official
   bond theretofore approved by the Director or the ABLE Commission;
   
   5. To regularly inspect all places of business of licensees, brewers,
   distributors, winemakers, rectifiers, wholesalers, Class B
   wholesalers, industrial licensees, private carriers, bonded
   warehouses, and package stores, and all other persons, firms or
   corporations dealing in the manufacture, distribution, transportation,
   sale or service of alcoholic beverages under the provisions of the
   Oklahoma Alcoholic Beverage Control Act, and report to the ABLE
   Commission concerning any and all violations with his recommendation
   to the ABLE Commission for its determination;
   
   6. To aid the enforcement authorities of this state or any county or
   municipality of the state, or federal government, in prosecutions of
   violations of the Oklahoma Alcoholic Beverage Control Act;
   
   7. To approve and pay claims for services of professional and
   clerical, skilled, semiskilled help, labor and other employees in the
   absence of the ABLE Commission, when the salaries and wages of such
   persons shall have been previously approved by the ABLE Commission;
   and
   
   8. To enforce the provisions of the Prevention of Youth Access to
   Tobacco Act, Sections 2 through 13 of this act, including, but not
   limited to, the levying of administrative fines against persons
   violating the provisions of the Prevention of Youth Access to Tobacco
   Act, and to at least annually conduct random unannounced inspections
   at locations where tobacco products are sold or distributed and
   conduct targeted inspections at those locations which have been in
   violation of the provisions of the Prevention of Youth Access to
   Tobacco Act.
   
   B. If a witness in attendance before the Director refuses without
   reasonable cause to be examined or to answer a legal or pertinent
   question, or to produce a book, record or paper when ordered to do so
   by the Director, the Director may apply to the judge of the district
   court of any county where such witness is in attendance, upon proof by
   affidavit of the fact, for a rule or order returnable in not less than
   two (2) nor more than five (5) days, directing such witness to show
   cause before the judge who made the order, or any other district judge
   of said county, why he or she should not be punished for contempt;
   upon the return of such order, the judge before whom the matter shall
   come for hearing shall examine under oath such witness or person, and
   such person shall be given an opportunity to be heard; and if the
   judge shall determine that such person has refused, without reasonable
   cause or legal excuse, to be examined or answer a legal or pertinent
   question, or to produce a book, record or paper which he or she was
   ordered to bring or produce, he or she may punish the offender as for
   contempt of court and shall fix the penalty in any sum not less than
   Two Hundred Fifty Dollars ($250.00) but not to exceed Five Hundred
   Dollars ($500.00) or require him or her to serve a maximum of thirty
   (30) days in jail, or both.
   
   C. Subpoenas shall be served and witness fees and mileage paid as in
   civil cases in the district court in the county to which such witness
   shall be called. Witnesses subpoenaed at the instance of the Director
   shall be paid their fees and mileage by the Director out of funds
   appropriated to the ABLE Commission. Court cost in this contempt
   proceedings shall be paid as taxed by the court.
   

§37-510.
   
   The Director shall, subject to the approval by the Alcoholic Beverage
   Laws Enforcement Commission and subject to any laws of this state of
   general application relating to salaries and classification, fix the
   salaries and prescribe the duties of the Assistant Director,
   inspectors, agents, clerks, stenographers, accountants, chemists and
   such other personnel as are necessary to properly enforce and
   administer the provisions of the Oklahoma Alcoholic Beverage Control
   Act.
   

§37-510A.
   
   Effective July 1, 1987, any employee occupying the position of Public
   Information Officer within the Alcoholic Beverage Laws Enforcement
   Commission shall become classified and subject to the provisions of
   the Merit System of Personnel Administration prescribed by the
   Oklahoma Personnel Act, Section 840.1 et seq. of Title 74 of the
   Oklahoma Statutes, and the rules promulgated thereunder. Such employee
   shall be granted permanent status in the class to which the position
   is allocated by the Office of Personnel Management.
   

§37-511.
   
   A. No member of the Alcoholic Beverage Laws Enforcement Commission,
   Director, Assistant Director, or employee of the ABLE Commission shall
   be appointed or serve who has been convicted of a felony or of any
   violation of any federal or state law relating to alcoholic beverages.
   No member of the ABLE Commission, Director, Assistant Director, or
   employee of the ABLE Commission shall directly or indirectly,
   individually or as a member of a partnership, or as a shareholder of a
   corporation, have any interest whatsoever in the manufacture, sale or
   distribution of alcoholic beverages, nor receive any compensation or
   profit therefrom, nor have any interest, directly or indirectly, in
   any business authorized by a license issued pursuant to the provisions
   of the Oklahoma Alcoholic Beverage Control Act, Section 501 et seq. of
   this title. The holding of membership or elective or appointed office
   in fraternal organizations which obtain mixed beverage or bottle club
   licenses shall not be considered to be engagement in the alcoholic
   beverage business. No member of the ABLE Commission, Director,
   Assistant Director, or employee of the ABLE Commission shall solicit
   or accept any gift, gratuity, emolument, or employment from any person
   subject to the provisions of the Oklahoma Alcoholic Beverage Control
   Act, or from any officer, agent or employee thereof, nor solicit,
   request from or recommend, directly or indirectly, to any such person
   or to any officer, agent or employee thereof, the appointment of any
   person to any place or position, and every such person, and every
   officer, agent or employee thereof, is hereby forbidden to offer to
   any member of the ABLE Commission, the Director, Assistant Director,
   or to any employee of the ABLE Commission, any gift, gratuity,
   emolument or employment. No member of the ABLE Commission, Director,
   Assistant Director, or employee of the ABLE Commission shall accept
   employment within the liquor industry for any holder of a license
   issued pursuant to the provisions of the Oklahoma Alcoholic Beverage
   Control Act, or represent, directly or indirectly, any such licensee
   in any proceedings before the Director or the ABLE Commission within
   two (2) years following his separation from the ABLE Commission.
   Violation of any provision of this subsection shall constitute a
   misdemeanor. In addition to the penal provisions, any person convicted
   shall be immediately removed from the office or position he holds.
   
   B. No license of any kind shall be granted to or retained by any
   person or any partnership containing any partner who is related to any
   member of the ABLE Commission or to the Director or Assistant Director
   by affinity or consanguinity within the third degree. No member of the
   ABLE Commission nor the Director or Assistant Director shall be
   entitled to receive any compensation or other monies from the State of
   Oklahoma while a license is held in violation of the provisions of
   this subsection.
   
   C. It shall be unlawful for any member of the ABLE Commission, the
   Director, Assistant Director, any inspector, attorney or other agent
   or employee of the ABLE Commission, to actively participate, as a
   candidate or otherwise, in any political campaign held in this state.
   Nor shall any such member of the ABLE Commission, Director, Assistant
   Director, or other agent or employee of the ABLE Commission lend,
   expend or contribute any money, funds, property or other thing of
   value, or use his official position, for the purpose of securing the
   nomination or election or the defeat of any candidate for public
   office in the State of Oklahoma. Any person who shall violate the
   provisions of this subsection shall, upon conviction, be fined not
   less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than
   Five Thousand Dollars ($5,000.00), or imprisoned in the county jail
   for not more than one (1) year, or both such fine and imprisonment.
   Any person found guilty of violating the provisions of this subsection
   shall, in addition to the criminal penalty imposed herein, be
   discharged from the office or position he holds upon conviction and
   shall not be rehired to any state position.
   
   D. If the voters of a county in which a state lodge is located approve
   sale of alcoholic beverages by the individual drink for on-premises
   consumption, then such sale of alcoholic beverages on the premises of
   such lodge shall be authorized if a license for such sale, issued
   pursuant to the provisions of the Oklahoma Alcoholic Beverage Control
   Act, is obtained. Provided, further, that a bottle club may be
   licensed on the premises of a state lodge located in a county where
   sale of alcoholic beverages by the individual drink for on-premises
   consumption is not authorized.
   
   E. The provisions of subsection D of this section shall not prohibit
   the state or a political subdivision of the state from leasing a
   public building or facility to a person who obtains a mixed beverage
   license, bottle club license, special event license, contracts for the
   services of a licensed caterer, or subleases the building or facility
   to a person who obtains a mixed beverage license, bottle club license,
   special event license or contracts for the services of a licensed
   caterer.
   
   F. Provided, that nothing in this section shall prohibit the sale of
   alcoholic beverage legally confiscated as provided by law.
   

§37-511A.
   
   A. All employees of the State of Oklahoma and its political
   subdivisions are hereby permitted to obtain licenses from the
   Alcoholic Beverage Laws Enforcement Commission and to be involved in
   the alcoholic beverage business unless such involvement and licensing
   is prohibited by this section or otherwise prohibited by law.
   
   B. The following officers and employees of the State of Oklahoma and
   its political subdivisions are hereby prohibited from engaging in the
   alcoholic beverage business:
   
   1. All judges, district attorneys, assistant district attorneys and
   any public official who sits in a judicial capacity with jurisdiction
   over the Oklahoma Alcoholic Beverage Control Act, Section 501 et seq.
   of this title;
   
   2. All employees certified as peace officers engaging in law
   enforcement activities; and
   
   3. All employees of the Oklahoma Tax Commission who engage in the
   auditing, enforcement and collection of alcoholic beverage taxes.
   
   C. The holding of membership or elective or appointed office in
   fraternal organizations which obtain mixed beverage or bottle club
   licenses by employees of the state or a political subdivision shall
   not be considered to be engagement in the alcoholic beverage business.
   

§37-512.
   
   A. The members of the Commission, Director, and such agents and
   inspectors as the ABLE Commission appoints in writing shall have all
   the powers and authority of peace officers of this state for the
   purpose of enforcing the provisions of the Oklahoma Alcoholic Beverage
   Control Act.
   
   B. The Director or any agent or inspector duly appointed, as provided
   in subsection A of this section, shall be authorized to arrest
   violators for offenses against laws of this state committed in the
   presence of the Director or said agents or inspectors, and further
   upon the request of a sheriff or another peace officer of this state
   or any political subdivision thereof assist in apprehension and arrest
   of a violator or suspected violator of any of the laws of this state.
   
   C. Effective July 1, 1988:
   
   1. A commissioned employee of the ABLE Commission shall be entitled to
   receive, upon retirement by reason of length of service, the continued
   custody and possession of the sidearm and badge carried by such
   employee immediately prior to retirement;
   
   2. A commissioned employee of the ABLE Commission may be entitled to
   receive, upon retirement by reason of disability, the continued
   custody and possession of the sidearm and badge carried by such
   employee immediately prior to retirement, upon approval of the
   Director;
   
   3. Custody and possession of the sidearm and badge of a commissioned
   employee of the ABLE Commission, killed in the line of duty may be
   awarded by the Director to the spouse or next of kin of the deceased
   employee.
   

§37-513a.
   
   The Director may employ attorneys, who shall be unclassified employees
   of the state, or contract with attorneys, as needed. These attorneys
   may advise the Director, the Alcoholic Beverage Laws Enforcement
   Commission and Commission personnel on all legal matters and shall
   appear for and represent the Director, the Commission and Commission
   personnel in all administrative hearings and all litigation or other
   proceedings which may arise in the discharge of their duties. At the
   request of the Alcoholic Beverage Laws Enforcement Commission, such
   attorney shall assist the district attorney in prosecuting charges of
   violators of the Oklahoma Alcoholic Beverage Control Act. Provided, if
   a conflict of interest would be created by such attorney representing
   the Director, the Commission or Commission personnel, additional
   counsel may be hired upon approval of the Alcoholic Beverage Laws
   Enforcement Commission.
   

§37-514.
   
   The Alcoholic Beverage Laws Enforcement Commission shall have the
   following powers and duties:
   
   1. To supervise, inspect, and regulate every phase of the business of
   manufacturing, importing, exporting, transporting, storing, selling,
   distributing, and possessing for the purpose of sale, all alcoholic
   beverages which shall be necessary and proper to carry out the
   purposes of the Oklahoma Alcoholic Beverage Control Act;
   
   2. To promulgate rules and regulations, in the manner herein provided,
   to carry out the purposes of the Oklahoma Alcoholic Beverage Control
   Act;
   
   3. To have the sole authority to issue any license provided for in the
   Oklahoma Alcoholic Beverage Control Act;
   
   4. To refuse to issue any license provided for in the Oklahoma
   Alcoholic Beverage Control Act for cause provided for in said act;
   
   5. To revoke or suspend, for cause after hearing, any license issued
   under the authority of the Oklahoma Alcoholic Beverage Control Act;
   
   6. To prescribe the forms of applications for licenses and the
   information to be shown thereon, and of all reports which it deems
   necessary in administering the Oklahoma Alcoholic Beverage Control
   Act;
   
   7. To fix standards, not in conflict with those prescribed by any law
   of this state or of the United States, to secure the use of proper
   ingredients and methods of manufacture and dispensing of alcoholic
   beverages;
   
   8. To make seizures of alcoholic beverages manufactured, sold,
   possessed, imported, or transported in violation of the Oklahoma
   Alcoholic Beverage Control Act, and apply for the confiscation thereof
   whenever required by said act, and cooperate in the prosecution of
   offenders before any court of competent jurisdiction; 9. To submit to
   the Governor and members of the State Legislature annual or semiannual
   reports upon request of the Governor;
   
   10. To inspect or cause to be inspected any premises where alcoholic
   beverages are manufactured, stored, distributed, sold, dispensed or
   served;
   
   11. In the conduct of any hearing authorized to be held by the ABLE
   Commission, to examine or cause to be examined, under oath, any
   person, and to examine or cause to be examined books and records of
   any licensee; to hear testimony and take proof material for the ABLE
   Commission's information and the discharge of its duties hereunder; to
   administer or cause to be administered oaths; and for any such
   purposes to issue subpoenas for the attendance of witnesses and the
   production of books or records which shall be effective in any part of
   the state; and any district court or any judge thereof, either in term
   or vacation, may by order duly entered require the attendance of
   witnesses and the production of relevant books or records subpoenaed
   by the ABLE Commission, and the court or judge may compel obedience to
   its or his order by proceedings for contempt;
   
   12. To prescribe the kind and size of retail containers of alcoholic
   beverages other than beer which may be purchased, possessed and sold
   by a licensee;
   
   13. To prescribe by regulations, in addition to those herein required,
   the kinds of records to be kept and reports to be rendered by
   licensees, and the information to be shown therein; provided, that the
   period for which all such records and reports be retained shall not be
   less than five (5) years;
   
   14. To gather, compile and print such statistical data as may in the
   opinion of the ABLE Commission be needed or useful, and prescribe
   charges or fees to be collected from any person or company to whom
   such data shall be provided. No reports shall contain sales
   information of either wholesalers, retailers, mixed beverage
   licensees, caterers or special event licensees by name or license
   number; and
   
   15. To exercise all other powers and duties conferred by the Oklahoma
   Alcoholic Beverage Control Act, and all powers incidental, convenient
   or necessary to enable it to administer or carry out any of the
   provisions of said act.
   

§37-515.
   
   The Alcoholic Beverage Laws Enforcement Commission is authorized to
   prescribe such rules and regulations with respect to packaging,
   marking, branding and labeling of alcoholic beverages sold or
   possessed for sale within this state, including such rules and
   regulations:
   
   1. As will prohibit deception of the consumer with respect to such
   products or the quantity thereof and as will prohibit, irrespective of
   falsity, such statement relating to age, manufacturing processes,
   analyses, guarantees, and scientific or irrelevant matter as the ABLE
   Commission finds likely to mislead or confuse the consumer;
   
   2. As will provide the consumer with adequate information as to the
   identity and quality of the products, the net contents of the package,
   and the manufacturer or importer of the product; and
   
   3. As will prohibit statements on the label that are false,
   misleading, obscene, or indecent.
   
   The ABLE Commission may adopt, in whole or in part, or with such
   modification as it deems desirable, regulations of the federal
   government relating to labeling of distilled spirits promulgated under
   the Federal Alcohol Administration Act (27 U.S.C. 205).
   

§37-516.
   
   It shall be unlawful for any person, firm or corporation to advertise
   any alcoholic beverages or the sale of same within the State of
   Oklahoma, except one sign at the retail outlet bearing the words
   "Retail Alcoholic Liquor Store," or any combination of such words or
   any of them and no letter in any such sign shall be more than four (4)
   inches in height or more than three (3) inches in width, and if more
   than one (1) line is used the lines shall not be more than one (1)
   inch apart.
   

§37-517.
   
   All regulations and rules of the Alcoholic Beverage Laws Enforcement
   Commission shall be promulgated and filed pursuant to the provisions
   of the Administrative Procedures Act, Sections 301 through 323 of
   Title 75 of the Oklahoma Statutes and also shall be filed with the
   Secretary of State and the State Librarian pursuant to the provisions
   of Sections 251 through 253 of Title 75 of the Oklahoma Statutes.
   Copies of all regulations and rules shall be made available to each
   county clerk, district attorney, sheriff and chief of police in the
   state upon request. The ABLE Commission shall send a notice of
   application for a license to sell alcohol, alcoholic beverage, wine,
   or beer under the Oklahoma Alcoholic Beverage Control Act to the
   district attorney of the county wherein the premises is located at
   least fifteen (15) days prior to the approval or disapproval of said
   application.
   
   For any applicant for a license issued pursuant to the provisions of
   the Oklahoma Alcoholic Beverage Control Act whose place of business
   for which the license is being sought is located in a city or town,
   the ABLE Commission shall mail a notice of application to the city or
   town, the sheriff of the county in which the city or town is located,
   and the district attorney of the county in which the city or town is
   located. The city or town may make recommendations on whether or not
   the applicant should be issued a license by the ABLE Commission within
   twenty (20) days after the date the copies of the application were
   mailed.
   
   For any applicant for a license issued pursuant to the provisions of
   the Oklahoma Alcoholic Beverage Control Act whose place of business
   for which the license is being sought is located outside of the
   incorporated boundaries of a city or town, the ABLE Commission shall
   mail a notice of application to the board of county commissioners of
   the county in which the place of business is located, the sheriff of
   said county, and the district attorney of said county. The board of
   county commissioners shall make recommendations on whether or not the
   applicant should be issued a license by the ABLE Commission within
   twenty (20) days after the date the copies of the application were
   mailed.
   

§37-518.
   
   The licenses issued by the Alcoholic Beverage Laws Enforcement
   Commission, and the annual fees therefor, shall be as follows:
   
   1. Brewer License..................................$1,250.00
   
   2. Distiller License...............................$3,125.00
   
   3. Winemaker License.................................$625.00
   
   4. Oklahoma Winemaker License.........................$75.00
   
   5. Rectifier License...............................$3,125.00
   
   6. Wholesaler License..............................$3,500.00
   
   7. Class B Wholesaler License........................$625.00
   
   8. The following package store license fees shall
   
   be determined by the latest Federal
   
   Decennial Census:
   
   a. Package Store License
   
   for cities and towns
   
   from 200 to 2,500
   
   population................................$305.00
   
   b. Package Store License
   
   for cities and towns
   
   from 2,501 to 5,000
   
   population................................$605.00
   
   c. Package Store License
   
   for cities and towns
   
   over 5,000 population.....................$905.00
   
   9. Mixed Beverage License......................... $1,005.00
   
   (initial license)
   
   $905.00
   
   (renewal)
   
   10. Beer and Wine License............................$500.00
   
   (initial license)
   
   $450.00
   
   (renewal)
   
   11. Bottle Club License............................$1,000.00
   
   (initial license)
   
   $900.00
   
   (renewal)
   
   12. Caterer License............................... $1,005.00
   
   (initial license)
   
   $905.00
   
   (renewal)
   
   13. Special Event License-fee per day.................$55.00
   
   14. Hotel Beverage License........................ $1,005.00
   
   (initial license)
   
   $905.00
   
   (renewal)
   
   15. Airline/Railroad
   
   Beverage License.............................. $1,005.00
   
   (initial license)
   
   $905.00
   
   (renewal)
   
   16. Agent License.....................................$55.00
   
   17. Employee License..................................$30.00
   
   18. Industrial License................................$23.00
   
   19. Carrier License...................................$23.00
   
   20. Private Carrier License...........................$23.00
   
   21. Bonded Warehouse License.........................$190.00
   
   22. Storage License...................................$23.00
   
   23. Nonresident Seller License.......................$750.00
   
   24. Manufacturers Agent License.......................$55.00
   
   25. Sacramental Wine Supplier License................$100.00
   
   The license fee for a mixed beverage or bottle club license for those
   service organizations or fraternal beneficiary societies which are
   exempt under Section 501(c)(19), (8) and (10) of the Internal Revenue
   Code shall be Five Hundred Dollars ($500.00) per year.
   
   The fees provided for in this subsection for a brewer license and for
   a Class B wholesaler license shall be reduced by seventy-five percent
   (75%) if the applicant therefor is also the holder of a license to
   manufacture or wholesale any low-point beer as provided for in this
   title.
   
   An applicant may apply for and receive both a mixed beverage license
   and a caterer license. An applicant may apply for and receive both a
   beer and wine license and a caterer license.
   
   All licenses, except as otherwise provided, shall be valid for one (1)
   year from date of issuance unless revoked or surrendered. Provided,
   that a special event license shall be valid for a period not to exceed
   ten (10) consecutive days from the first day the license is valid;
   said date to be specified on the license. Provided further, all
   employee licenses issued on or after September 1, 1993, shall be valid
   for two (2) years.
   
   The holder of a license, issued by the ABLE Commission, for a bottle
   club located in a county of this state where the sale of alcoholic
   beverages by the individual drink for on-premises consumption has been
   authorized, may exchange the bottle club license for a mixed beverage
   license or a beer and wine license and operate the licensed premises
   as a mixed beverage establishment or a beer and wine establishment
   subject to the provisions of the Oklahoma Alcoholic Beverage Control
   Act, Section 501 et seq. of this title. There shall be no additional
   fee for such exchange and the mixed beverage license or beer and wine
   license issued shall expire one (1) year from the date of issuance of
   the original bottle club license.
   

§37-518.1.
   
   All holders of a mixed beverage, beer and wine, caterer, special
   event, or airline/railroad beverage license shall purchase alcoholic
   beverages only from a licensed wholesaler or Class B wholesaler.
   
   A wholesaler or Class B wholesaler may deliver such products to
   licensees authorized to sell alcoholic beverages for on-premises
   consumption. Provided such licensees may pick up alcoholic beverage
   orders if they hold a private carrier license issued by the Alcoholic
   Beverage Laws Enforcement Commission.
   

§37-518.3.
   
   It shall be unlawful for any mixed beverage establishment or bottle
   club which has been licensed by the Alcoholic Beverage Laws
   Enforcement Commission and which has as its main purpose the selling
   or serving of alcoholic beverages for consumption on the premises to
   be located within three hundred (300) feet of any public or private
   school or church property primarily and regularly used for worship
   services and religious activities. The distance indicated in this
   section shall be measured from the nearest property line of such
   public or private school or church to the nearest perimeter wall of
   the premises of any such mixed beverage establishment or bottle club
   which has been licensed to sell alcoholic beverages. The provisions of
   this section shall not apply to mixed beverage establishments or
   bottle clubs which have been licensed to sell alcoholic beverages for
   on-premises consumption prior to the effective date of this act. If
   any school or church shall be established within three hundred (300)
   feet of any mixed beverage establishment or bottle club subject to the
   provisions of this section after such mixed beverage establishment or
   bottle club has been licensed, the provisions of this section shall
   not be a deterrent to the renewal of such license if there has not
   been a lapse of more than sixty (60) days. When any mixed beverage
   establishment or bottle club subject to the provisions of this section
   which has a license to sell alcoholic beverages for on-premises
   consumption changes ownership or the operator thereof is changed and
   such change of ownership results in the same type of business being
   conducted on the premises, the provisions of this section shall not be
   a deterrent to the issuance of a license to the new owner or operator
   if he or she is otherwise qualified.
   

§37-521.
   
   A. A brewer license shall authorize the holder thereof: To
   manufacture, bottle, package, and store beer on licensed premises; to
   sell beer in this state to holders of Class B wholesaler licenses and
   retail licenses and to sell beer out of this state to qualified
   persons.
   
   B. A distiller license shall authorize the holder thereof: To
   manufacture, bottle, package, and store spirits on licensed premises;
   to sell spirits in this state to licensed wholesalers and
   manufacturers only; to sell spirits out of this state to qualified
   persons; to purchase from licensed distillers and rectifiers in this
   state, and import spirits from without this state for manufacturing
   purposes in accordance with federal laws and regulations.
   
   C. A winemaker license shall authorize the holder thereof: To
   manufacture (including such mixing, blending and cellar treatment as
   authorized by federal law), bottle, package, and store on licensed
   premises wine containing not more than twenty-four percent (24%)
   alcohol by volume; to sell wine in this state to licensed wholesalers
   and manufacturers only; to sell bottles of wine produced at the winery
   from grapes and other fruits and berries grown in this state to
   consumers on the premises of the winery; to serve visitors on the
   licensed premises free samples of wine produced on the premises; to
   serve free samples of wine produced at the winery at festivals and
   trade shows; to sell wine out of this state to qualified persons; to
   purchase from licensed winemakers, distillers and rectifiers in this
   state, and to import into this state wine, brandy and fruit spirits
   for use in manufacturing in accordance with federal laws and
   regulations.
   
   D. A rectifier license shall authorize the holder thereof: To rectify
   spirits and wines, bottle, package, and store same on the licensed
   premises; to sell spirits and wines in this state to licensed
   wholesalers and manufacturers only; to sell spirits and wines out of
   this state to qualified persons; to purchase from licensed
   manufacturers in this state; and to import into this state for
   manufacturing purposes spirits and wines in accordance with federal
   laws and regulations.
   
   E. A wholesaler license shall authorize the holder thereof: To
   purchase and import into this state spirits and wines from persons
   authorized to sell same who are the holders of a nonresident seller
   license, and their agents who are the holders of manufacturers agent
   licenses; to purchase spirits and wines from licensed distillers,
   rectifiers, winemakers and wholesalers in this state; to sell spirits
   and wines in retail containers in this state to retailers, mixed
   beverage, caterer, special event, hotel beverage or airline/railroad
   beverage licensees; to sell spirits and wines in containers with a
   capacity of less than one-twentieth (1/20) gallon in full case lots
   and in the original unbroken case to hotel beverage or
   airline/railroad beverage licensees only; to sell spirits and wines to
   wholesalers authorized to sell same; and to sell spirits and wines out
   of this state to qualified persons. Wholesalers shall be authorized to
   place such signs outside their place of business as are required by
   Acts of Congress and by such laws and regulations promulgated under
   such Acts.
   
   A wholesaler license shall authorize the holder thereof to operate a
   single bonded warehouse with a single central office together with
   delivery facilities at a location in this state only at the principal
   place of business for which the wholesaler license was granted.
   
   F. A Class B wholesaler license shall authorize the holder thereof: To
   purchase and import into this state beer from persons authorized to
   sell same who are the holders of nonresident seller licenses, and
   their agents who are the holders of manufacturers agent licenses to
   purchase beer from licensed brewers and Class B wholesalers in this
   state; to sell in retail containers to retailers, mixed beverage,
   caterer, special event, hotel beverage and airline/railroad beverage
   licensees in this state, beer which has been unloaded and stored at
   the holder's self-owned or leased and self-operated warehouse
   facilities for a period of at least twenty-four (24) hours before such
   sale; and to sell beer in this state to Class B wholesalers and out of
   this state to qualified persons, including federal instrumentalities
   and voluntary associations of military personnel on federal enclaves
   in this state over which this state has ceded jurisdiction.
   
   G. A package store license shall authorize the holder thereof: To
   purchase alcoholic beverages in retail containers with a capacity of
   more than one-twentieth (1/20) gallon from the holder of a brewer,
   wholesaler or Class B wholesaler license and to sell same on the
   licensed premises in such containers to consumers for off-premises
   consumption only and not for resale; provided, all alcoholic beverages
   are to be sold at ordinary room temperature. No package store licensee
   may purchase or sell alcoholic beverages in retail containers with a
   capacity of less than one-twentieth (1/20) gallon.
   
   H. A mixed beverage license shall authorize the holder thereof: To
   purchase alcoholic beverages in retail containers with a capacity of
   more than one-twentieth (1/20) gallon from the holder of a wholesaler
   or Class B wholesaler license and to sell, offer for sale and possess
   mixed beverages for on-premises consumption only. Sales and service of
   mixed beverages by holders of mixed beverage licenses shall be limited
   to the licensed premises of said licensee unless the holder of the
   mixed beverage license also obtains a caterer license. A mixed
   beverage license shall only be issued in counties of this state where
   the sale of alcoholic beverages by the individual drink for
   on-premises consumption has been authorized. A separate license shall
   be required for each place of business. No mixed beverage license
   shall be issued for any place of business functioning as a motion
   picture theater, as defined by Section 506 of this title.
   
   I. A bottle club license shall authorize the holder thereof: To store,
   possess and mix alcoholic beverages belonging to members of the club
   and to serve such alcoholic beverages for on-premises consumption to
   club members. A bottle club license shall only be issued in counties
   of this state where the sale of alcoholic beverages by the individual
   drink for on-premises consumption has not been authorized. A separate
   license shall be required for each place of business.
   
   J. A caterer license shall authorize the holder thereof: To sell mixed
   beverages for on-premises consumption incidental to the sale or
   distribution of food at particular functions, occasions, or events
   which are temporary in nature. A caterer license shall not be issued
   in lieu of a mixed beverage license. A caterer license shall only be
   issued in counties of this state where the sale of alcoholic beverages
   by the individual drink for on-premises consumption has been
   authorized. A separate license shall be required for each place of
   business.
   
   K. A special event license shall authorize the holder thereof: To sell
   and distribute mixed beverages for consumption on the premises for
   which the license has been issued for a period not to exceed ten (10)
   consecutive days. A special event license shall only be issued in
   counties of this state where the sale of alcoholic beverages by the
   individual drink for on-premises consumption has been authorized.
   
   L. A hotel beverage license shall authorize the holder thereof: To
   sell or serve alcoholic beverages in 50 milliliter spirits, 187
   milliliter wine, and 12-ounce malt beverage containers which are
   distributed from a hotel room mini-bar. A hotel beverage license shall
   only be issued in counties of this state where the sale of alcoholic
   beverages by the individual drink for on-premises consumption has been
   authorized. A hotel beverage license shall only be issued to a hotel
   or motel as defined by Section 506 of this title which is also the
   holder of a mixed beverage license. Provided, that application may be
   made simultaneously for both such licenses. A separate license shall
   be required for each place of business.
   
   M. An airline/railroad beverage license shall authorize the holder
   thereof: To sell or serve alcoholic beverages in or from any size
   container on a commercial passenger airplane or railroad operated in
   compliance with a valid license, permit or certificate issued under
   the authority of the United States or this state, even though the
   airplane or train, in the course of its travel, may cross an area in
   which the sale of alcoholic beverages by the individual drink is not
   authorized and to store alcoholic beverages in sealed containers of
   any size at any airport or station regularly served by the licensee,
   in accordance with rules and regulations promulgated by the Alcoholic
   Beverage Laws Enforcement Commission. Alcoholic beverages purchased by
   the holder of an airline/railroad license from the holder of a
   wholesaler license shall be presumed to be purchased for consumption
   outside the State of Oklahoma or in interstate commerce, and shall be
   exempt from the excise tax provided for in Section 553 of this title.
   
   N. An agent license shall authorize the holder thereof: To represent
   only the holders of licenses within this state, other than retailers,
   authorized to sell alcoholic beverages to retail dealers in Oklahoma,
   and to solicit and to take orders for the purchase of alcoholic
   beverages from retailers including licensees authorized to sell
   alcoholic beverages by the individual drink for on-premises
   consumption. Such license shall be issued only to agents and employees
   of the holder of a license under the Oklahoma Alcoholic Beverage
   Control Act, Section 501 et seq. of this title but no such license
   shall be required of an employee making sales of alcoholic beverages
   on licensed premises of his principal. No person holding an agent
   license shall be entitled to a manufacturers agent license.
   
   O. An employee license shall authorize the holder thereof: To work in
   a brewery, distillery, winery, package store, mixed beverage
   establishment, bottle club, or any establishment where alcohol,
   alcoholic beverage, wine or beer is made, blended, rectified, sold,
   mixed, or served. Persons employed by a mixed beverage licensee or a
   bottle club who do not participate in the service, mixing, or sale of
   mixed beverages shall not be required to have an employee license.
   Provided, however, that a manager employed by a mixed beverage
   licensee or a bottle club shall be required to have an employee
   license whether or not said manager participates in the service,
   mixing or sale of mixed beverages. Applicants for an employee license
   must have a health card issued by the county in which they are
   employed, if the county issues such a card. Employees of special
   event, caterer or airline/railroad beverage licensees shall not be
   required to obtain an employee license. Persons employed by a hotel
   licensee who participate in the stocking of hotel room mini-bars or in
   the handling of alcoholic beverages to be placed in such devices shall
   be required to have an employee license.
   
   P. An industrial license may be issued to persons desiring to import,
   transport, and use alcohol for the following purposes:
   
   1. Manufacture of patent, proprietary, medicinal, pharmaceutical,
   antiseptic, and toilet preparations;
   
   2. Manufacture of extracts, syrups, condiments, and food products; and
   
   3. For use in scientific, chemical, mechanical, industrial, and
   medicinal products and purposes.
   
   No other provisions of the Oklahoma Alcoholic Beverage Control Act
   shall apply to alcohol intended for industrial, medical, mechanical,
   or scientific use.
   
   Any person receiving alcohol under authority of an industrial license
   who shall use, permit, or cause same to be used for purposes other
   than authorized purposes specified above, and all such alcohol, shall
   be liable to all provisions of the Oklahoma Alcoholic Beverage Control
   Act, including payment of tax thereon.
   
   No provisions of the Oklahoma Alcoholic Beverage Control Act shall
   apply to alcohol withdrawn by any person free of federal tax under a
   tax-free permit issued by the United States government, if such
   alcohol is received, stored, and used as authorized by federal laws.
   
   Q. A carrier license may be issued to any common carrier operating
   under a certificate of convenience and necessity issued by any duly
   authorized federal or state regulatory agency. Such license shall
   authorize the holder thereof to transport alcoholic beverages into,
   within, and out of this state under such terms, conditions,
   limitations, and restrictions as the ABLE Commission may prescribe by
   order issuing such license and by regulations.
   
   R. A private carrier license may be issued to any carrier other than a
   common carrier described in subsection P of this section. Such license
   shall authorize the holder thereof to transport alcoholic beverages
   into, within, or out of this state under such terms, conditions,
   limitations, and restrictions as the ABLE Commission may prescribe by
   order issuing such license and by regulations. No carrier license or
   private carrier license shall be required of licensed brewers,
   distillers, winemakers, rectifiers, wholesalers, or Class B
   wholesalers, to transport alcoholic beverages from the place of
   purchase or acquisition to the licensed premises of such licensees and
   from such licensed premises to the licensed premises of the purchaser
   in vehicles owned or leased by such licensee when such transportation
   is for a lawful purpose and not for hire.
   
   No carrier license or private carrier license shall be required of the
   holder of a package store, mixed beverage, caterer, special event,
   hotel beverage or airline/railroad license to pick up alcoholic
   beverage orders from the licensees wholesaler or Class B wholesaler
   from whom they are purchased, and to transport such alcoholic
   beverages from the place of purchase or acquisition to the licensed
   premise of such licensees in vehicles owned or under the control of
   such licensee or a licensed employee of such licensee under such
   terms, conditions, limitations and restrictions as the ABLE Commission
   may prescribe.
   
   S. A bonded warehouse license shall authorize the holder thereof: To
   receive and store alcoholic beverages for the holders of storage
   licenses on the licensed premises of the bonded warehouse licensee. No
   goods, wares or merchandise other than alcoholic beverages may be
   stored in the same bonded warehouse with alcoholic beverages. The
   holder of a bonded warehouse license shall furnish and file with the
   ABLE Commission a bond running to all bailers of alcoholic beverages
   under proper storage licenses and their assignees (including
   mortgagees or other bona fide lienholders) conditioned upon faithful
   performance of the terms and conditions of such bailments.
   
   T. A storage license may be issued to a holder of a brewer, distiller,
   winemaker, rectifier, wholesaler, Class B wholesaler, nonresident
   seller, package store, mixed beverage, caterer, or hotel beverage
   license, and shall authorize the holder thereof: To store alcoholic
   beverages in a public warehouse holding a bonded warehouse license,
   and no goods, wares or merchandise other than alcoholic beverages may
   be stored in the same warehouse with alcoholic beverages in private
   warehouses owned or leased and operated by such licensees elsewhere
   than on their licensed premises. Provided, that a storage license
   issued to a Class B wholesaler shall permit the storage of light beer
   and permit the sale and delivery to retailers from the premises
   covered by such license. Provided further, that any licensee who is
   the holder of both a mixed beverage license and a caterer license or a
   mixed beverage license and a hotel beverage license who is issued a
   storage license shall store all inventories of alcoholic beverages
   either on the premises of the mixed beverage establishment or in the
   warehouse.
   
   U. A sacramental wine supplier license shall authorize the holder
   thereof: To sell, ship or deliver sacramental wine to any religious
   corporation or society of this state holding a valid exemption from
   taxation issued pursuant to Section 501(a) of the Internal Revenue
   Code, 1986, and listed as an exempt organization in Section 501(c)(3)
   of the Internal Revenue Code, 1986, of the United States, as amended.
   
   V. A beer and wine license shall authorize the holder thereof: To
   purchase beer and wine in retail containers with a capacity of more
   than one-twentieth (1/20) gallon from the holder of a wholesaler or
   Class B wholesaler license and to sell, offer for sale and possess
   beer and wine for on-premises consumption only. Sales and service of
   beer and wine by holders of beer and wine licenses shall be limited to
   the licensed premises of said licensee unless the holder of the beer
   and wine license also obtains a caterer license. A beer and wine
   license shall only be issued in counties of this state where the sale
   of alcoholic beverages by the individual drink for on-premises
   consumption has been authorized. A separate license shall be required
   for each place of business. No beer and wine license shall be issued
   for any place of business functioning as a motion picture theater, as
   defined by Section 506 of this title. No spirits shall be stored,
   possessed or consumed on the licensed premises of a beer and wine
   licensee.
   

§37-522.
   
   Applicants for original brewer, distiller, winemaker, rectifier,
   wholesaler, Class B wholesaler, mixed beverage, beer and wine, bottle
   club, caterer or package store licenses shall, prior to applying for
   such license, twice publish, in such form and containing such
   information as the Alcoholic Beverage Laws Enforcement Commission
   shall by regulation prescribe, a notice of its intention to apply for
   any such license, once a week for two (2) successive weeks in a legal
   newspaper of general circulation within the county where the proposed
   premises is to be located, and file proof of such publication with the
   ABLE Commission. Unless otherwise provided, the ABLE Commission shall
   give notice of approval or disapproval of an application for a license
   within thirty (30) days after the filing of said application. The ABLE
   Commission shall give notice of approval or disapproval of an
   application for a mixed beverage, beer and wine, bottle club or
   caterer license within sixty (60) days after the filing of said
   application. Provided, the ABLE Commission may extend the period for
   making a determination of whether to approve or disapprove an
   application an additional thirty (30) days for good cause.
   
   The ABLE Commission may conditionally approve any application which is
   subject to Section 523 of this title if:
   
   1. Construction, modification or alteration of premises proposed for
   licensed operations is not completed; and
   
   2. The applicant furnishes a conditional certification issued by the
   municipality or county that the applicant's plans and specifications
   indicate that the proposed premises will comply with the
   municipality's or county's zoning, fire, safety, and health codes.
   
   The ABLE Commission shall issue its final notice of approval when the
   applicant furnishes final certificates required by Section 523 of this
   title.
   

§37-523.
   
   A. No license provided for in the Oklahoma Alcoholic Beverage Control
   Act shall be issued except pursuant to an application filed with the
   Alcoholic Beverage Laws Enforcement Commission. The ABLE Commission
   may, however, provide for a form of simplified application for renewal
   of license. Payment of the prescribed fee shall accompany each
   application for a license.
   
   B. Every applicant for an original license, except applicants for an
   employee, special event or airline/railroad beverage license, shall
   also furnish the following:
   
   1. A tax receipt proving payment of ad valorem taxes, including real
   and personal taxes, or furnish to the ABLE Commission satisfactory
   evidence that no taxes are due or delinquent;
   
   2. A certificate of zoning issued by the municipality in which the
   applicant proposes to locate the applicant's principal place of
   business under the license, or by the county if said principal place
   of business is located outside the incorporated limits of a
   municipality, certifying that the applicant's proposed location and
   use thereof comply with all municipal zoning ordinances or county
   zoning regulations if applicable;
   
   3. A certificate issued by the municipality in which the applicant
   proposes to locate the applicant's principal place of business under
   the license, or by the county if said principal place of business is
   located outside the incorporated limits of a municipality, certifying
   that the applicant's existing or proposed operations under the license
   comply with all municipal or county fire codes, safety codes, or
   health codes, if applicable;
   
   4. Authorization, on forms furnished by the ABLE Commission, for
   complete investigation of the applicant's current financial status as
   it relates to the application for a license, including but not limited
   to access to bank accounts, loan agreements, and financial statements;
   and
   
   5. A deed, management agreement, purchasing agreement, or lease.
   
   C. The certificates required by paragraphs 2 and 3 of subsection B of
   this section shall be signed by the mayor of the municipality or the
   chairman of the board of county commissioners issuing same, unless the
   municipality, by ordinance, or the county designates some other
   officer or entity to issue the certificates. Applications for such
   certificates shall be in writing and shall contain information in such
   detail as the municipality or county may reasonably require describing
   the location and nature of operations to be conducted under the ABLE
   license. Municipalities and counties shall be required to act on all
   applications for such certificates within twenty (20) days of receipt
   of the written application.
   
   D. Municipalities and counties may grant conditional certificates for
   premises proposed for licensed operations for which construction,
   modification, or alteration is not completed. Conditional certificates
   shall indicate that the proposed premises will comply with the
   municipal or county zoning, fire, safety, and health codes. The
   granting of conditional certificates shall not relieve the applicant
   of the duty of obtaining the certificates required by paragraphs 2 and
   3 of subsection B of this section after completion of the
   construction, modification, or alteration.
   
   E. A municipality or county shall issue the certificates required by
   paragraphs 2 and 3 of subsection B of this section within ten (10)
   days after all final inspections are completed.
   
   Thereafter if a licensee fails to maintain compliance with municipal
   or county zoning ordinances and codes, the mayor or chairman of the
   board of county commissioners or their designee, shall forthwith
   notify the ABLE Commission in writing setting forth details of the
   noncompliance.
   
   F. Upon issuance of any license, the ABLE Commission shall furnish the
   Oklahoma Tax Commission with a list of such licenses.
   
   G. In the event of denial of an application for a license, the ABLE
   Commission shall refund to the applicant the amount of the tendered
   fee, less ten percent (10%), which it shall retain as cost of
   processing the application.
   
   H. Any licensee, except an employee licensee, who fails to renew his
   license prior to the expiration date of said license shall be subject
   to a late renewal penalty as provided by ABLE Commission rules and
   regulations. Further, any licensee, except an employee licensee, who
   fails to renew his license within sixty (60) days of the expiration of
   said license shall be required to submit a new license application. An
   employee licensee who fails to renew prior to the expiration of the
   license shall be required to submit a new license application;
   provided, however, that under no circumstances shall any licensee,
   including an employee licensee, whose license to serve or sell
   alcoholic beverages has expired, continue to serve or sell alcoholic
   beverages.
   

§37-523.1.
   
   A. Any corporation applying for a mixed beverage, beer and wine,
   caterer, or bottle club license shall submit to the Alcoholic Beverage
   Laws Enforcement Commission the following:
   
   1. A certificate of good standing from the office of the Secretary of
   State;
   
   2. A list of all corporate officers, directors, executive committee
   members or members of a similar governing body and their addresses;
   and
   
   3. A list of all stockholders owning fifteen percent (15%) or more of
   the stock and their addresses.
   
   B. A corporate licensee shall notify the ABLE Commission in writing of
   any change in the officers or directors of said corporation or in the
   principal managers of premises licensed to said corporation and shall
   pay a fee of One Hundred Dollars ($100.00) for each notification of
   change. Provided, service organizations which are exempt under Section
   501(c)(8), (10), or (14) of the Internal Revenue Code shall be exempt
   from said fee.
   
   C. A corporate licensee shall notify the ABLE Commission any time a
   person, any type of partnership, limited liability company, or other
   entity acquires fifteen percent (15%) or more of the stock of said
   corporation. Such notification shall be within thirty (30) days of
   acquisition and the corporation shall pay a fee of One Hundred Dollars
   ($100.00) for each notification of change.
   
   D. The ABLE Commission may disapprove a change of officers, directors
   or principal managers or the acquisition of more than fifteen percent
   (15%) of the stock in a licensed corporation if the ABLE Commission
   feels that such change would materially affect the conditions under
   which the license was issued, such that the license would not have
   been issued had such change been in existence at the time of the
   original application. If such disapproval occurs, the ABLE Commission
   shall notify the licensee in writing and in the case of a publicly
   traded corporation, allow a reasonable time for the licensee to remove
   such officer, director or manager or for the stockholder to divest
   himself of any stock held in excess of fifteen percent (15%) of the
   stock. Provided that a reasonable time may not exceed a ninety-day
   period following notification of denial by the ABLE Commission.
   Failure to comply with the provisions of this subsection may result in
   revocation or suspension of such license.
   
   E. Any person who was an officer or director or who has owned fifteen
   percent (15%) or more of the stock in a corporation which has been
   denied a license or had a license revoked or suspended pursuant to the
   provisions of the Oklahoma Alcoholic Beverage Control Act shall not
   own stock in any other corporation seeking a license pursuant to the
   provisions of the Oklahoma Alcoholic Beverage Control Act for a period
   of twelve (12) months from the date said license was revoked or
   suspended.
   
   F. Any person who was a manager or a member of a limited liability
   company which has been denied a license or had a license revoked or
   suspended pursuant to the provisions of the Oklahoma Alcoholic
   Beverage Control Act shall not own stock in any corporation seeking a
   license pursuant to the provisions of the Oklahoma Alcoholic Beverage
   Control Act for a period of twelve (12) months from the date said
   license was revoked or suspended.
   

§37-523.2.
   
   A. Any limited liability company, formed as provided for in the
   Limited Liability Company Act, may apply for a beer and wine, bottle
   club, caterer, or mixed beverage license issued pursuant to the
   Oklahoma Alcoholic Beverage Control Act. Any limited liability company
   applying for a license shall submit to the Alcoholic Beverage Laws
   Enforcement Commission, the following:
   
   1. A Certificate of Good Standing from the Office of the Secretary of
   State;
   
   2. The Articles of Organization with all amendments and corrections
   filed with the Office of the Secretary of State with proof that same
   has been filed in accordance with the Limited Liability Company Act;
   
   3. The name and address of the resident agent;
   
   4. The name and address of the manager;
   
   5. The operating agreement;
   
   6. A current list of the full name, social security number, and
   address of each member; and
   
   7. A copy of the issued Certificate of Membership Interest for each
   member.
   
   B. A limited liability company licensee shall notify the ABLE
   Commission in writing of any change in the manager of the licensed
   company within thirty (30) days of said change and shall pay a fee of
   One Hundred Dollars ($100.00) for each notification of change.
   
   C. A limited liability company shall notify the ABLE Commission in
   writing any time a membership is assigned or members are added or
   disassociated within thirty (30) days of said change. The limited
   liability company shall pay a fee of One Hundred Dollars ($100.00) for
   each notification of change.
   
   D. The ABLE Commission may disapprove a change of manager or new
   membership in a licensed liability company if the ABLE Commission
   feels that such change would materially affect any conditions under
   which the license was issued, such that the license would not have
   been issued had such change been in existence at the time of the
   original application. If such disapproval occurs, the ABLE Commission
   shall notify the licensee in writing and allow a reasonable time for
   the licensee to remove such manager or for a member to be
   disassociated from the company. Provided that a reasonable time not
   exceed a ninety-day period following notification of denial by the
   ABLE Commission. Failure to comply with the provisions of this
   subsection may result in revocation or suspension of such license.
   
   E. Any person who has been a licensee, a partner in a license, an
   officer, director or fifteen percent (15%) or more stockholder of a
   corporation holding a license revoked or suspended, pursuant to the
   provisions of the Oklahoma Alcoholic Beverage Control Act, shall not
   serve as a manager or be a member in a limited liability company
   seeking a license pursuant to the provisions of the Oklahoma Alcoholic
   Beverage Control Act for a period of twelve (12) months from the date
   said license was revoked or suspended.
   
   F. Any person who has been a manager, member or participant in any
   business entity which was a manager or member of a limited liability
   company which has been denied a license or has a license revoked or
   suspended, pursuant to the provisions of the Oklahoma Alcoholic
   Beverage Control Act shall not serve as a manager or member in a
   limited liability company seeking a license pursuant to the provisions
   of the Oklahoma Alcoholic Beverage Control Act for a period of twelve
   (12) months from date said license was revoked or suspended.
   
   G. Any person who has been convicted of a felony for which a pardon
   has not been granted shall not be elected as a manager or be a member
   of a limited liability company.
   

§37-524.
   
   A. A nonresident seller license shall be required of all out-of-state
   distillers, winemakers, brewers, importers, brokers and others who
   sell alcoholic beverages to wholesalers and Class B wholesalers in
   Oklahoma regardless of whether such sales are consummated within or
   without the State of Oklahoma.
   
   A nonresident seller license shall authorize the holder thereof to
   solicit and take orders for alcoholic beverages from the holders of
   licenses authorized to import the same into this state, and to ship or
   deliver, or cause to be shipped or delivered, alcoholic beverages into
   Oklahoma pursuant to such sales.
   
   B. The Alcoholic Beverage Laws Enforcement Commission may, subject to
   the provisions of the Oklahoma Alcoholic Beverage Control Act
   requiring notice and hearing in the case of sanctions against holders
   of licenses, suspend or revoke a nonresident seller license for any
   violation of the Oklahoma Alcoholic Beverage Control Act by the holder
   thereof.
   
   C. No licensee in this state authorized to import alcoholic beverages
   into this state shall purchase or receive any alcoholic beverages from
   without this state from any person not holding a valid and existing
   nonresident seller license.
   
   D. The holder of a nonresident seller license shall, promptly upon
   consignment of any alcoholic beverages to an importer in Oklahoma,
   forward to the ABLE Commission a true copy of the invoice, bill of
   lading, or other document as the ABLE Commission may by regulations
   prescribe, showing the details of such shipment.
   
   E. Any person, not otherwise a dealer in alcoholic beverages, coming
   into possession of any alcoholic beverages as security for or in
   payment of a debt, or as an insurer (or its transferee or assignee)
   for the salvage or liquidation of an insured casualty or damage or
   loss, or as an executor, administrator, trustee or other fiduciary may
   sell the beverages in one lot or parcel to a duly licensed wholesaler.
   However, immediately after taking possession of the alcoholic
   beverages, the person shall register with the Director and furnish to
   him a detailed list of the alcoholic beverages and post with the
   Director a bond in such amount as the Director deems sufficient to
   protect the state from any taxes due on the alcoholic beverages. The
   person shall pay to the Director a registration fee of Ten Dollars
   ($10.00), which fee shall permit the sale of only the alcoholic
   beverages detailed in the registration request.
   

§37-525.
   
   A manufacturers agent license shall authorize the holder thereof to
   represent only the holders of a nonresident seller license, and to
   solicit and take orders for the sale of alcoholic beverages for the
   purpose of resale. No such license shall be issued to any person until
   it shall have been shown to the satisfaction of the Alcoholic Beverage
   Laws Enforcement Commission that the applicant has been duly
   authorized to act as the agent of the principal he proposes to
   represent, and that the principal or principals he proposes to
   represent has been duly authorized to do business in the State of
   Oklahoma, and has appointed a service agent in this state. No
   applicant for a manufacturers agent license shall also hold an agent
   license. It shall be unlawful for any person other than the holder of
   a manufacturers agent license or an agent license to solicit or take
   orders in the state from a wholesaler or Class B wholesaler.
   

§37-526.1.
   
   Conviction of a felony for which a pardon has been granted, shall not
   constitute grounds for the denial or revocation of any license issued
   by the Alcoholic Beverage Laws Enforcement Commission.
   
   Unless otherwise provided by law, any person who has received a pardon
   for a felony conviction shall be eligible to apply for, receive, and
   renew any license granted by the ABLE Commission, which by law is
   denied to a convicted felon, if:
   
   1. the person meets all other qualifications and requirements for
   obtaining and maintaining the license; and
   
   2. the person has not been convicted of any other felony or felonies
   for which a pardon has not been granted.
   

§37-527.
   
   The Alcoholic Beverage Laws Enforcement Commission shall refuse to
   issue a wholesaler, Class B wholesaler or package store license either
   on an original application or a renewal application, if it has
   reasonable grounds to believe and finds any of the following to be
   true:
   
   1. That the applicant is not a citizen of the United States or is not
   a qualified elector in this state, or has not been a continuous
   resident of this state for the ten (10) years next preceding the
   application for the license;
   
   2. That the applicant is under twenty-one (21) years of age;
   
   3. That the applicant or any partner, or spouse of the applicant or
   any partner, has been convicted of a felony;
   
   4. That the applicant or any partner, or spouse of the applicant or
   any partner, has been convicted of a violation of any state or federal
   law relating to alcoholic beverages, has forfeited a bond while any
   charge of such violation was pending, nor may any license be granted
   for any purpose under the Oklahoma Alcoholic Beverage Control Act,
   Section 501 et seq. of this title, to an Oklahoma resident, who has
   held or whose spouse has held a Federal Liquor Stamp in Oklahoma
   before the adoption of Article XXVII of the Oklahoma Constitution
   unless said Liquor Stamp was granted for supplying alcoholic beverages
   to a federal military installation, or was granted under this title;
   
   5. That the applicant or any partner has, within twelve (12) months
   next preceding the date of the application, violated any provision of
   the Oklahoma Alcoholic Beverage Control Act or regulation of the ABLE
   Commission issued pursuant hereto. Provided, however, that if the ABLE
   Commission has, during said twelve-month period, suspended any license
   sought to be renewed, such renewal application may be approved if the
   term of the suspension has been completed and the applicant has
   complied with any special conditions imposed in connection with the
   suspension;
   
   6. That the applicant is not of good moral character, or that the
   applicant is in the habit of using alcoholic beverages to excess, or
   is mentally incapacitated. Provided, that the record in any municipal
   court showing a conviction of violation of any municipal ordinances or
   state statutes involving moral character or public nuisance obtained
   after passage and approval of the Oklahoma Alcoholic Beverage Control
   Act shall be received in evidence by the ABLE Commission;
   
   7. That the applicant does not own or have a written lease for the
   premises for which a license is sought;
   
   8. That the applicant has, within twelve (12) months next preceding
   the date of application, been the holder of a license revoked for
   cause;
   
   9. That the applicant is not the real party in interest, or intends to
   carry on the business authorized by the license as the agent of
   another;
   
   10. That the applicant, in the case of an application for renewal of
   any license, would not be eligible for such license on a first
   application;
   
   11. That the applicant is a person who appoints or is a law
   enforcement official or is an employee of the ABLE Commission or of
   the Director;
   
   12. That the proposed location of the licensed premises would violate
   a valid municipal nondiscriminatory zoning ordinance;
   
   13. That, in the case of an application for a wholesaler license, or
   Class B wholesaler license, any manufacturer, including an officer,
   director or principal stockholder thereof, or any partner, has any
   financial interest in the business to be conducted under the license;
   
   14. That the issuance of the license applied for would result in a
   violation of any provision of the Oklahoma Alcoholic Beverage Control
   Act;
   
   15. That, in the case of an application for a wholesaler or Class B
   wholesaler license, the applicant or any partner, or spouse of the
   applicant or any partner, is the holder or partner of the holder of
   any other class of license issued under the provisions of the Oklahoma
   Alcoholic Beverage Control Act, other than an agent or employee
   license for employment by the applicant, or a storage license, bonded
   warehouse license, carrier license or private carrier license; or
   
   16. That, in the case of an application for a package store license
   the applicant or any partner, or the spouse of the applicant or any
   partner, is the holder or partner of the holder, or employee of such
   holder of any other class of license issued under the provisions of
   the Oklahoma Alcoholic Beverage Control Act, other than a storage
   license or an employee license for the proposed licensed premises of
   the applicant or of a retail dealer's permit for the same location
   issued by the Oklahoma Tax Commission for the sale of low-point beer
   for consumption on the premises as provided by Section 163.7 of this
   title.
   

§37-527.1.
   
   The Alcoholic Beverage Laws Enforcement Commission shall refuse to
   issue a mixed beverage, beer and wine, bottle club, or caterer
   license, either on an original application or a renewal application,
   if it has reasonable grounds to believe and finds any of the following
   to be true:
   
   1. That the applicant, in the case of a natural person, is under
   twenty-one (21) years of age;
   
   2. That the applicant, in the case of a corporation, has a stockholder
   who owns fifteen percent (15%) or more of the stock, officer, or
   director who is under twenty-one (21) years of age;
   
   3. That the applicant, in the case of any type of partnership, has any
   partner who is under twenty-one (21) years of age;
   
   4. That the applicant, in the case of a limited liability company, has
   a manager or member who is under twenty-one (21) years of age;
   
   5. That the applicant or any type of partner has been convicted of a
   felony;
   
   6. That the applicant, in the case of a corporation, has a stockholder
   owning fifteen percent (15%) of the stock, officer or director who has
   been convicted of a felony;
   
   7. That the applicant, in the case of a limited liability company, has
   a manager or a member who has been convicted of a felony;
   
   8. That the applicant has made false statements to the ABLE
   Commission;
   
   9. That the applicant is not the legitimate owner of the business for
   which a license is sought or that other persons have undisclosed
   ownership interests in the business;
   
   10. That the applicant or any partner, within twelve (12) months after
   being issued a license, either on an original application or a renewal
   application, has violated any provision of the Oklahoma Alcoholic
   Beverage Control Act or regulation of the ABLE Commission issued
   pursuant hereto. Provided, however, that if the ABLE Commission,
   during said twelve-month period, has suspended any license sought to
   be renewed, such renewal application may be approved if the term of
   the suspension has been completed and the applicant has complied with
   any special conditions imposed in connection with the suspension;
   
   11. That the applicant is not the real party in interest, or intends
   to carry on the business authorized by the license as the agent of
   another;
   
   12. That the applicant is a person who appoints or is a law
   enforcement official or is an employee of the ABLE Commission or of
   the Director; or
   
   13. That the applicant does not own or have a written lease for the
   premises for which a license is sought.
   

§37-528.
   
   A. Any license issued pursuant to the provisions of the Oklahoma
   Alcoholic Beverage Control Act, Section 501 et seq. of this title, by
   order of the Alcoholic Beverage Laws Enforcement Commission, after due
   notice and hearing, may be revoked or suspended if the ABLE Commission
   finds or has grounds to believe that the licensee has:
   
   1. Violated any rule adopted by the ABLE Commission;
   
   2. Procured a license through fraud, or misrepresentation, or
   concealment of a material fact;
   
   3. Made any false representation or statement to the ABLE Commission
   in order to prevent or induce action by the ABLE Commission;
   
   4. Maintained an unsanitary establishment or has supplied impure or
   otherwise deleterious beverages or food;
   
   5. Stored, possessed, mixed or served on the premises of a bottle club
   any alcoholic beverage upon which the tax levied by Section 553 of
   this title has not been paid as provided for in the Oklahoma Alcoholic
   Beverage Control Act, in a county of this state where the sale of
   alcoholic beverages by the individual drink for on-premises
   consumption has not been authorized;
   
   6. Misrepresented to a customer or the public any alcoholic beverage
   sold by the licensee; or
   
   7. Had any permit or license issued by the Oklahoma Tax Commission and
   required by the Oklahoma Alcoholic Beverage Control Act, suspended or
   revoked by the Tax Commission.
   
   B. The ABLE Commission may revoke or suspend the license of any mixed
   beverage, caterer or bottle club licensee if the ABLE Commission finds
   or has grounds to believe that such licensee:
   
   1. Has acted as an agent of a manufacturer or wholesaler of alcoholic
   beverages;
   
   2. Is a manufacturer or wholesaler of alcoholic beverages;
   
   3. Has borrowed money or property or accepted gratuities or rebates
   from a manufacturer or wholesaler of alcoholic beverages;
   
   4. Has obtained the use of equipment from any manufacturer or
   wholesaler of alcoholic beverages or any agent thereof;
   
   5. Has violated any of the provisions of the Oklahoma Alcoholic
   Beverage Control Act for which mandatory revocation or suspension is
   not required; or
   
   6. Has been convicted on or after July 1, 1985, of a violation of any
   state or federal law relating to alcoholic beverage for which
   mandatory revocation or suspension is not required.
   
   C. The ABLE Commission shall revoke the license of any licensee if
   said Commission finds:
   
   1. That the licensee knowingly sold alcoholic beverages or allowed
   such beverages to be sold, delivered or furnished to any person under
   the age of twenty-one (21) years, or to any person visibly intoxicated
   or adjudged insane or mentally deficient;
   
   2. That the licensee, any general or limited partner of the licensee,
   or in the case of a corporation, an officer or director of the
   corporation, has been convicted of a felony;
   
   3. That, in the case of a wholesaler, Class B wholesaler, or retail
   package store licensee, the holder of the license or any member of a
   general or limited partnership which is the holder of such a license,
   has been convicted of a prohibitory law relating to the sale,
   manufacture, or transportation of alcoholic beverages which
   constitutes a felony or a misdemeanor.
   
   D. If the ABLE Commission shall find by a preponderance of the
   evidence as in civil cases that the holder of a package store license
   has knowingly sold any alcoholic beverage to any person under the age
   of twenty-one (21) years, after a public hearing it shall revoke said
   license and no discretion as to said revocation shall be exercised by
   the ABLE Commission.
   
   E. The ABLE Commission shall have the authority to promulgate rules
   and regulations to establish a penalty schedule for violations of any
   provision of the Oklahoma Alcoholic Beverage Control Act or any rule
   or regulation of the ABLE Commission. The schedule shall provide for
   suspension or revocation of any license for major and minor violations
   as determined by the ABLE Commission. Penalties shall be increasingly
   severe with each violation by a licensee.
   
   Provided, that for a fourth major violation by a licensee within a
   twenty-four-month period the penalty shall be mandatory revocation of
   license. The twenty-four-month period shall be calculated from the
   date of the most recent violation as set forth in an order signed by
   the Director or the designee of the Director.
   
   F. The ABLE Commission may impose a monetary penalty in lieu of or in
   addition to suspension of a license. The amount of fine for a major
   violation shall be computed by multiplying the proposed number of days
   of the suspension period by One Hundred Dollars ($100.00). The amount
   of fine for a minor violation shall be computed by multiplying the
   number of days of the proposed suspension period by Fifty Dollars
   ($50.00).
   
   G. The failure of any licensee to pay a fine or serve a suspension
   imposed by the ABLE Commission shall result in the revocation of the
   license of said licensee.
   
   H. If the ABLE Commission finds that public health, safety or welfare
   require emergency action, and incorporates a finding to that effect in
   its order, summary suspension of a license may be ordered pending
   proceeding for revocation or other action, pursuant to the provisions
   of Section 314 of Title 75 of the Oklahoma Statutes.
   

§37-528.1.
   
   The governing board of any municipality, as to any mixed beverage,
   beer and wine, caterer, or bottle club licensee having its principal
   place of business in such municipality, and the board of county
   commissioners of any county, as to any mixed beverage, beer and wine,
   caterer, or bottle club licensee having its principal place of
   business in such county but outside the incorporated limits of a
   municipality, may initiate a license suspension or revocation
   proceeding as to such licensee by filing a written complaint with the
   ABLE Commission, setting forth the grounds for the proposed suspension
   or revocation. Such complaint may be based on any ground that the ABLE
   Commission might have asserted. Upon receipt of such complaint, the
   ABLE Commission shall forward a copy of the complaint to the licensee
   together with written notice of the time and place of hearing thereon.
   If the complaint is filed by a municipality the hearing shall be
   conducted within the corporate limits of said municipality. If the
   complaint is filed by a county, the hearing shall be conducted in said
   county. The hearing shall be held within the time limits, and in the
   manner, prescribed for suspension or revocation proceedings initiated
   by the ABLE Commission. In any proceeding initiated pursuant to this
   section, the municipality or county shall be deemed an interested
   party, shall have the right to be heard and to present evidence at the
   hearing on the complaint, and shall be entitled to appeal from any
   final order entered by the ABLE Commission in the manner otherwise
   provided in the Oklahoma Alcoholic Beverage Control Act. Such
   municipality or county shall not be required to give bond on appeal.
   

§37-528.2.
   
   Municipalities and counties are hereby authorized to create a new
   zoning classification to regulate the location of establishments that
   sell, serve, mix, dispense, or allow consumption of alcoholic
   beverages on the premises. Such zoning classification may include but
   shall not be limited to reasonable parking, access regulations, and
   other such zoning regulations as the local authorities may deem
   necessary for local control. This authority shall be in addition to
   the authority to enact ordinances established in Section 503 of Title
   37 of the Oklahoma Statutes.
   
   Municipal courts are hereby authorized jurisdiction to hear violations
   of any ordinances enacted pursuant to the provisions of this section
   and Section 503 of Title 37 of the Oklahoma Statutes.
   

§37-529.
   
   In the case of denial of an application for an original license, the
   Alcoholic Beverage Laws Enforcement Commission shall give written
   notice to the applicant either by registered mail directed to his
   last-known address or by delivery, stating the reason for such denial.
   If the ABLE Commission proposes to deny renewal of any license or to
   suspend or revoke a license, it shall give written notice to the
   licensee addressed to his licensed premises by registered mail, by
   personal delivery, or by posting of said notice on the outside
   entrance to the licensed premises, notifying said licensee of such
   contemplated denial, suspension or revocation, and of the time and
   place at which the licensee may be accorded a hearing before the ABLE
   Commission on the matter, which time shall not be less than fifteen
   (15) days from the date of mailing, delivery or posting of such
   notice. Such notice shall set forth the grounds for the proposed
   denial, suspension or revocation. The ABLE Commission may delegate any
   part of this function to the Director or his assistants in his
   department, but any person aggrieved by any order shall have the right
   to be heard by the ABLE Commission and the ABLE Commission shall
   provide adequate procedure to protect the right of persons desiring to
   do so.
   

§37-530.
   
   Any person aggrieved by the action of the Alcoholic Beverage Laws
   Enforcement Commission in denying an application for an original
   license may, within fifteen (15) days after receipt of notice thereof,
   file with the ABLE Commission written request for a hearing, and the
   ABLE Commission shall, pursuant to such request, set a time and place
   for a hearing on a denial of an application for an original license.
   At the time and place set in a notice by the ABLE Commission of
   contemplated denial of the renewal of a license or of a proposed
   suspension or revocation of a license, the ABLE Commission shall
   afford the applicant or the licensee an opportunity to be heard and to
   present evidence in his behalf. Said hearing shall be conducted within
   fifteen (15) days after receipt of the request by the ABLE Commission.
   In the conduct of any such hearing, the ABLE Commission shall have
   power to administer oaths, examine witnesses, and subpoena records and
   documents pertaining to the issues involved. Upon request of and at
   the expense of the aggrieved party, the ABLE Commission shall make or
   cause to be made a complete record of all testimony and other evidence
   taken or introduced at such hearing. Within fifteen (15) days after
   conclusion of any such hearing, unless the time shall be extended by
   the parties thereto in writing, the ABLE Commission shall enter an
   order affirming or modifying its denial of an original application, an
   order dismissing its notice of contemplated denial of renewal of
   license or affirming same, or an order dismissing its notice of
   contemplated suspension or revocation of a license or an order
   suspending or revoking same. The ABLE Commission shall, by written
   notice mailed to the applicant or licensee by certified mail or by
   delivery in person to the applicant or licensee, or their attorney of
   record, advise of its action pursuant to the hearing.
   

§37-530.1.
   
   The Director shall have the authority to conduct an initial hearing
   when a hearing before the Commission is required by law. The Director
   may employ such hearing officers and assistants as are necessary to
   conduct the hearings. If a hearing is conducted by a hearing officer,
   the hearing officer shall issue a report to the Director. The report
   of the hearing officer shall include findings of fact and conclusions
   of law. After conducting a hearing or after receiving the report of
   the hearing officer, the Director shall issue a recommendation to the
   Commission. Notice of the recommendation of the Director shall be sent
   to the last-known address of the licensee. If the licensee disagrees
   with the recommendation of the Director, he may request a hearing
   before the Commission for a review of the record. If the licensee
   fails to request a review of the record within fifteen (15) days after
   the date of the notice of the Director's decision, the recommendation
   of the Director shall become a final order of the Commission. A
   failure to request a review of the record by the Commission in a
   timely manner shall constitute a failure to exhaust administrative
   remedies.
   

§37-531.
   
   Within thirty (30) days after a final order of the Alcoholic Beverage
   Laws Enforcement Commission, pursuant to a hearing as provided in
   Section 530 of this title, an applicant or licensee may appeal from
   the order of the ABLE Commission to the district court of the county
   in which the premises licensed or sought to be licensed are located.
   At the time of filing such an appeal, the party appealing shall give
   bond for costs assessed against him. The appeal shall be taken by
   filing with the clerk of the district court of the proper county a
   written notice stating that the party appeals from the action of the
   ABLE Commission and stating the pertinent grounds on which the appeal
   is founded. Such appeal shall consist of a hearing and review of the
   record only as set forth in the Administrative Procedures Act,
   Sections 301 through 326 of Title 75 of the Oklahoma Statutes. The
   district court may affirm, reverse or modify the order of the ABLE
   Commission and shall issue its order within sixty (60) days after the
   appeal is heard. Appeals may be taken from a final order of the
   district court to the Supreme Court by the applicant, licensee or by
   the ABLE Commission. The ABLE Commission shall not berequired to give
   bond on appeal. The licensee may file a supersedeas bond in an amount
   to be fixed by the ABLE Commission staying the order until the final
   determination of all issues on an appeal but the order of the ABLE
   Commission may not be stayed unless ordered by the judge of the
   district court. Permission to stay the order of the ABLE Commission
   shall not be granted by any court unless an application therefor be
   made in the written notice of the applicant's or licensee's intention
   to appeal from the order of the ABLE Commission, and then only after a
   hearing before the court upon notice to both parties wherein the court
   determines by a preponderance of the evidence that in denying a
   license or in ordering the suspension or a revocation of a license the
   ABLE Commission acted without legal cause or upon insufficient
   evidence. Provided, that in all cases where the order of the ABLE
   Commission is stayed by a supersedeas bond and the licensee is
   unsuccessful in his appeal, and the action of the ABLE Commission
   becomes final, such bond shall be forfeited tothe State of Oklahoma by
   the court considering such appeal if the court finds said appeal was
   frivolous or was filed for the purpose of delaying the effect of said
   order, and the Attorney General shall thereupon commence legal
   proceedings in the name of the State of Oklahoma to recover the amount
   of said bond, which money shall be placed to the credit of the General
   Revenue Fund of the state.
   

§37-532.
   
   Any license issued pursuant to the provisions of the Oklahoma
   Alcoholic Beverage Control Act shall be a purely personal privilege.
   It shall not constitute property nor be subject to attachment,
   garnishment, or execution, or be alienable or transferable, either
   voluntarily or involuntarily; nor shall it descend by the laws of
   descent and distribution, but shall cease upon the death of the
   licensee; provided, however, that the Alcoholic Beverage Laws
   Enforcement Commission, under such regulations and subject to such
   restrictions as it may prescribe, may permit the executors or
   administrators of the estate of any deceased licensee, or the trustees
   of an insolvent or bankrupt licensee, or the legal guardian of a
   licensee who has been adjudged to be incompetent or insane, to
   exercise the privileges under any license held by him for such period
   as the ABLE Commission may deem equitable during the administration of
   the deceased or bankrupt licensee's estate, but not to exceed two (2)
   years. A license may not be transferred to a new location, except upon
   application to the ABLE Commission and endorsement on the license by
   the ABLE Commission showing the new location. An application for
   transfer of license shall be accompanied by a certificate reflecting,
   as to the proposed new location, compliance with municipal zoning
   ordinances or county zoning regulations and municipal or county fire,
   safety and health codes as required by Section 523 of this title. A
   mixed beverage or bottle club licensee who transfers his license to a
   new location shall pay a transfer fee of One Hundred Dollars ($100.00)
   to the ABLE Commission.
   

§37-532.1.
   
   All licenses issued pursuant to the provisions of the Oklahoma
   Alcoholic Beverage Control Act shall be displayed in a conspicuous
   place at all times on the licensed premises. No licensee may consent
   to or allow the use or display of his license by a person other than
   the person to whom the license was issued. No person may use a license
   or exercise any privileges granted by the license except at the place,
   address, premises or location for which the license is issued, except
   as otherwise provided by the Oklahoma Alcoholic Beverage Control Act.
   
   If the mixed beverage, caterer or bottle club license for a licensed
   premises is suspended or revoked by the ABLE Commission, all other
   licenses issued by the ABLE Commission for such premises shall cease
   to be valid. If a mixed beverage, caterer or bottle club license is
   suspended or revoked for any licensed premises, this shall not
   invalidate licenses held by the licensee for other licensed premises.
   

§37-532.2.
   
   A. If a mixed beverage licensee sells or otherwise transfers his
   financial interest in a licensed premises to another party who obtains
   a mixed beverage license for the premises, any alcoholic beverages on
   said premises may be transferred to the new licensee. Provided, if the
   premises are not in continuous operation as a mixed beverage
   establishment prior to and during the transfer of financial interest
   in the premises, said transfer of alcoholic beverages shall be limited
   to alcoholic beverages in the original container which have not been
   opened and which have not had the seal broken and the original cap or
   cork removed.
   
   B. If a beer and wine licensee sells or otherwise transfers his
   financial interest in a licensed premises to another party who obtains
   a beer and wine license for the premises, any beer and wine on said
   premises may be transferred to the new licensee. Provided, if the
   premises are not in continuous operation as a beer and wine
   establishment prior to and during the transfer of financial interest
   in the premises, said transfer of beer and wine shall be limited to
   beer and wine in the original containers which have not been opened
   and which have not had the seal broken and the original cap or cork
   removed.
   
   C. There shall be no liability on the part of, and no cause of action
   of any nature shall arise against the ABLE Commission, the Director,
   or the staff of the ABLE Commission for the contents of any alcoholic
   beverages transferred pursuant to the provisions of this section.
   

§37-533.
   
   Any manufacturer or subsidiary of a manufacturer who markets his or
   its products solely through a subsidiary or subsidiaries, a distiller,
   rectifier, bottler, winemaker, brewer, or importer of alcoholic
   beverages, bottled or made in a foreign country, either within or
   without this state, shall be required to sell such brands or kinds of
   alcoholic beverages to every licensed wholesaler or Class B wholesaler
   who desires to purchase the same, on the same price basis and without
   discrimination or inducements, and shall further be required to sell
   such beverages only to those persons licensed as wholesalers or Class
   B wholesalers.
   
   No manufacturer shall require a wholesaler or Class B wholesaler to
   purchase any alcoholic beverages or any goods, wares or merchandise as
   a condition to the wholesaler or Class B wholesaler obtaining or being
   entitled to purchase any alcoholic beverages.
   
   Violation of this section shall be a misdemeanor. Conviction hereunder
   shall automatically revoke the violator's license.
   

§37-534.
   
   A. No package store license shall be issued for premises unless said
   premises are separated from premises on which any other goods, wares
   or merchandise are sold or services are rendered by nontransparent
   walls which may be broken by a passageway to which the public is not
   admitted. Provided, it shall be unlawful for any person or persons to
   take any alcoholic beverage from such store through said passageway
   for the purpose of selling, reselling, or delivering in connection
   with the sale of said alcoholic beverage. Such licenses shall apply
   only to the premises described in the application. No person may own
   any interest in more than one package store. For the purpose only of
   establishing whether or not a person owns an interest in more than one
   package store license, the spouse of any person or partner and any
   person having a beneficial interest in any package store shall be
   deemed to be a partner in said package store. A beneficial interest
   shall be any interest that benefits from any sales or profits of said
   package store.
   
   B. Package stores licensed under the Oklahoma Alcoholic Beverage
   Control Act may sell only alcoholic beverages in retail containers as
   defined in Section 506 of this title, in the original package for
   consumption off the premises. Provided, all alcoholic beverages are to
   be sold at ordinary room temperature. All retail sales shall be made
   on the licensed premises and all deliveries off the premises, at
   retail, of intoxicating liquor or beer are hereby prohibited.
   

§37-534.1.
   
   A. A retail package store may offer for sale and sell alcoholic
   beverages which are packaged or are to be packaged with nonalcoholic
   promotional items, if such packaging and all nonalcoholic promotional
   items are provided by the manufacturer or agent of the manufacturer at
   the expense of the manufacturer or agent of the manufacturer,
   regardless of where such packages are assembled.
   
   B. The manufacturer or agent of the manufacturer may provide such
   packaging and any nonalcoholic promotional items to the retail package
   store licensee at the retail package store premises, or otherwise, and
   may deliver such packaging and all nonalcoholic promotional items
   provided by the manufacturer or agent to the retail package store
   licensee by means of common carrier, or otherwise, at no expense to
   the retailer, for the retail package store licensee to incorporate the
   alcoholic beverage product of the manufacturer into the manufacturer's
   packaging or with such promotional items.
   
   C. The manufacturers of alcoholic beverages, through their agents,
   must make access to the packaging for such alcoholic beverages with
   nonalcoholic promotional items available equally to retail package
   store licensees in this state. Such access to the promotional
   packaging is subject to the reasonable supplies of such packaging and
   subject to the terms of the manufacturer's promotion. Such access to
   the manufacturer's packaging by the retail package store licensees
   shall be commensurate to the needs of the retail package store
   licensee based on the stock of the manufacturer's product carried by
   the retailer. The manufacturers shall only be required to carry
   reasonable supplies of such promotional packages and shall make a good
   faith effort to ratably distribute such packaging or items to those
   retail package store licensees who desire such packaging or items.
   

§37-535.
   
   It shall be unlawful for any manufacturer, wholesaler, Class B
   wholesaler, or person authorized to sell alcoholic beverages to a
   wholesaler, or any employee, officer, director, stockholder owning
   fifteen percent (15%) or more of the stock, any type of partner,
   manager, member or agent thereof, to directly or indirectly:
   
   1. Have any financial interest in any premises upon which any
   alcoholic beverage or light beer is sold at retail or in any business
   connected with the retailing of alcoholic beverages or light beer as
   defined in Section 506 of this title;
   
   2. Lend any money or other thing of value, or to make any gift or
   offer any gratuity, to any package store, mixed beverage, beer and
   wine or bottle club licensee or caterer;
   
   3. Guarantee any loan or the repayment of any financial obligation of
   any retailer, mixed beverage, beer and wine or bottle club licensee or
   caterer;
   
   4. Require any wholesaler, Class B wholesaler, retailer, mixed
   beverage, beer and wine licensee or caterer to purchase and dispose of
   any quota of alcoholic beverages, or to require any retailer to
   purchase any kind, type, size container, or brand of alcoholic
   beverages in order to obtain any other kind, type, size container, or
   brand of alcoholic beverages;
   
   5. Sell to any retailer, mixed beverage, beer and wine licensee or
   caterer any alcoholic beverage on consignment, or upon condition, or
   with the privilege of return, or on any condition other than a bona
   fide sale; or
   
   6. Extend credit to any retailer, other than holders of Federal Liquor
   Stamps on United States government reservations and installations,
   mixed beverage or beer and wine licensee or caterer other than a state
   lodge located in a county which has approved the retail sale of
   alcoholic beverages by the individual drink for on-premises
   consumption. The acceptance of a postdated check or draft or the
   failure to deposit for collection a current check or draft by the
   second banking day after receipt shall be deemed an extension of
   credit. Violation of this subsection shall be grounds for suspension
   of the license.
   

§37-535.1.
   
   No mixed beverage, beer and wine, caterer or bottle club licensee,
   partner in any type of partnership, manager or member of a limited
   liability company, officer, director or stockholder of any corporate
   licensee owning more than fifteen percent (15%) of the stock shall
   have any right, title, lien, claim or interest, financial or otherwise
   in, upon or to the premises, equipment, business or merchandise of any
   package store, manufacturer or wholesaler. The provisions of this
   section shall not prohibit a person who is an officer or director of a
   fraternal or veteran's organization which is a tax exempt organization
   under Section 501(c)(8), (10) or (19) of the Internal Revenue Code and
   which holds a license issued by the ABLE Commission from having a
   right, title, lien, claim, or interest in the premises, equipment,
   business, or merchandise of a package store.
   

§37-535.2.
   
   No manufacturer, wholesaler, partner in any type of partnership,
   manager or member of a limited liability company, or officer, director
   or stockholder of any nonresident seller or manufacturer licensee,
   owning more than fifteen percent (15%) of the stock shall have any
   right, title, claim or interest, financial or otherwise in, upon or to
   the premises, equipment, business or merchandise of any mixed
   beverage, beer and wine, caterer or bottle club licensee.
   

§37-536.
   
   A. It shall be unlawful for any person privileged to sell alcoholic
   beverages to wholesalers or retailers:
   
   1. To discriminate, directly or indirectly, in price between one
   wholesaler and another wholesaler or between one retailer and another
   retailer purchasing alcoholic beverages bearing the same brand or
   trade name and of like age and quality; or
   
   2. To grant, directly or indirectly, any discount, rebate, free goods,
   allowance or other inducement.
   
   B. The Alcoholic Beverage Laws Enforcement Commission is hereby
   authorized to promulgate rules which are necessary to carry out the
   purpose of this section and to prevent its circumvention by offering
   or giving of any rebate, allowance, free goods, discount or any other
   thing or service of value; provided, that the posting of charges per
   order for processing minimum orders or per case for the handling or
   repacking of goods by wholesalers for sales in less than full case
   lots shall not constitute a violation of this section.
   
   C. For the violation of any provision of this section or of any rule
   duly promulgated under this section, the ABLE Commission may suspend
   or revoke a license as follows: For the first offense, not exceeding
   ten (10) days' suspension of license; for a second offense, not
   exceeding thirty (30) days' suspension of license; and for a third
   offense, the ABLE Commission shall revoke the license.
   

§37-536.1.
   
   No distiller shall sell alcoholic beverages to a wholesaler licensed
   under the Oklahoma Alcoholic Beverage Control Act at a rate higher
   than the lowest rate at which such distiller sells in any other state.
   

§37-537.
   
   A. No person shall:
   
   1. Knowingly sell, deliver, or furnish alcoholic beverages to any
   person under twenty-one (21) years of age;
   
   2. Sell, deliver or knowingly furnish alcoholic beverages to an
   intoxicated person or to any person who has been adjudged insane or
   mentally deficient;
   
   3. Open a retail container or consume alcoholic beverages on the
   premises of a retail package store;
   
   4. Import into this state, except as provided for in the Oklahoma
   Alcoholic Beverage Control Act, any alcoholic beverages; provided,
   that nothing herein shall prohibit the importation or possession for
   personal use of not more than one (1) liter of alcoholic beverages
   upon which the Oklahoma excise tax is delinquent;
   
   5. Receive, possess, or use any alcoholic beverage in violation of the
   provisions of the Oklahoma Alcoholic Beverage Control Act;
   
   6. Transport into, within, or through this state more than one (1)
   liter of alcoholic beverages upon which the Oklahoma excise tax has
   not been paid unless the person accompanying or in charge of the
   vehicle transporting same shall have in his possession a true copy of
   a bill of lading, invoice, manifest or other document particularly
   identifying the alcoholic beverages being transported and showing the
   name and address of the consignor and consignee;
   
   7. Knowingly transport in any vehicle upon a public highway, street or
   alley any alcoholic beverage except in the original container which
   shall not have been opened and the seal upon which shall not have been
   broken and from which the original cap or cork shall not have been
   removed, unless the opened container be in the rear trunk or rear
   compartment, which shall include the spare tire compartment in a
   vehicle commonly known as a station wagon and panel truck, or any
   outside compartment which is not accessible to the driver or any other
   person in said vehicle while it is in motion;
   
   8. Drink intoxicating liquor in public except on the premises of a
   licensee of the Alcoholic Beverage Laws Enforcement Commission who is
   authorized to sell or serve alcoholic beverages by the individual
   drink or be intoxicated in a public place. This provision shall be
   cumulative and in addition to existing law;
   
   9. Forcibly resist lawful arrest, or by physical contact interfere
   with an investigation of any infringement of the Oklahoma Alcoholic
   Beverage Control Act or with any lawful search or seizure being made
   by an inspector or agent of the ABLE Commission, when such person
   knows or should know that such acts are being performed by a state,
   county, or municipal officer, inspector or agent of the ABLE
   Commission;
   
   10. Manufacture, duplicate, counterfeit or in any way imitate any
   bottle club membership card required to be issued by the ABLE
   Commission without the permission of said Commission;
   
   11. Consume or possess alcoholic beverages on the licensed premises of
   a bottle club unless such person possesses a valid membership card for
   that club issued by the club; or
   
   12. Knowingly possess any bottle club membership card required to be
   issued by the ABLE Commission, which has been manufactured,
   counterfeited, imitated or in any way duplicated without the
   permission of said Commission.
   
   B. No licensee of the ABLE Commission shall:
   
   1. Receive, possess, or sell any alcoholic beverage except as
   authorized by the Oklahoma Alcoholic Beverage Control Act and by the
   license or permit which he holds;
   
   2. Employ any person under the age of twenty-one (21) in the selling
   or handling of alcoholic beverages. Provided, that a mixed beverage,
   beer and wine, caterer, special event or bottle club licensee may
   employ servers who are at least eighteen (18) years of age, except
   persons under twenty-one (21) years of age may not serve in designated
   bar or lounge areas, and a mixed beverage, beer and wine, caterer,
   special event or bottle club licensee may employ or hire musical bands
   who have musicians who are under twenty-one (21) years of age if each
   such musician is either accompanied by a parent or legal guardian or
   has on their person, to be made available for inspection upon demand
   by any ABLE Commission officer or law enforcement officer, a written,
   notarized affidavit from the parent or legal guardian giving the
   underage musician permission to perform in designated bar or lounge
   areas;
   
   3. Give any alcoholic beverage as a prize, premium or consideration
   for any lottery, game of chance or skill or any type of competition;
   
   4. Advertise or offer "happy hours" or any other means or inducements
   to stimulate the consumption of alcoholic beverages including:
   
   a. deliver more than two drinks to one person at one time;
   
   b. sell or offer to sell to any person or group of persons any drinks
   at a price less than the price regularly charged for such drinks
   during the same calendar week, except at private functions not open to
   the public;
   
   c. sell or offer to sell to any person an unlimited number of drinks
   during any set period of time for a fixed price, except at private
   functions not open to the public;
   
   d. sell or offer to sell drinks to any person or group of persons on
   any one day at prices less than those charged the general public on
   that day, except at private functions not open to the public;
   
   e. increase the volume of alcoholic beverages contained in a drink
   without increasing proportionately the price regularly charged for
   such drink during the same calendar week; or
   
   f. encourage or permit, on the licensed premises, any game or contest
   which involves drinking or the awarding of drinks as prizes.
   
   Provided that the provisions of this paragraph shall not prohibit the
   advertising or offering of food or entertainment in licensed
   establishments;
   
   5. Permit or allow any patron or person to exit the licensed premises
   with an open container of any alcoholic beverage. Provided, that this
   prohibition shall not be applicable to closed original containers of
   alcoholic beverages which are carried from the licensed premises of a
   bottle club by a patron, closed original wine containers removed from
   the premises of restaurants, hotels, and motels, or to closed original
   containers of alcoholic beverages transported to and from the place of
   business of a licensed caterer by the caterer or his employee; or
   
   6. Serve or sell alcoholic beverages with an expired license issued by
   the ABLE Commission.
   
   C. No package store licensee shall:
   
   1. Purchase or receive any alcoholic beverage other than from a person
   holding a brewer, wholesaler or Class B wholesaler license issued
   pursuant to the Oklahoma Alcoholic Beverage Control Act;
   
   2. Suffer or permit any retail container to be opened, or any
   alcoholic beverage to be consumed, on his licensed premises;
   
   3. Sell, or keep package store premises open for the purpose of
   selling, any alcoholic beverages at any hour other than between the
   hours of 10:00 a.m. and 9:00 p.m. Monday through Saturday; provided,
   that no such sales shall be made, or package store premises be allowed
   to remain open for the purpose of making such sales, on the day of any
   General, Primary, Runoff Primary or Special Election while the polls
   are open whether on a national, state, county or city election or on
   New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans
   Day, Thanksgiving Day or Christmas Day;
   
   4. Operate a retail package store unless such store shall be located
   in a city or town having a population in excess of two hundred (200)
   according to the latest Federal Decennial Census;
   
   5. Sell any alcoholic beverage on credit; provided that acceptance by
   a retail liquor store of a cash or debit card, or a nationally
   recognized credit card, in lieu of actual cash payment does not
   constitute the extension of credit; provided further, as used in this
   section:
   
   a. "cash or debit card" means any instrument or device whether known
   as a debit card or by any other name, issued with or without fee by an
   issuer for the use of the cardholder in depositing, obtaining or
   transferring funds from a consumer banking electronic facility,
   
   b. "nationally recognized credit card" means any instrument or device,
   whether known as a credit card, credit plate, charge plate or by any
   other name, issued with or without fee by an issuer for the use of the
   cardholder in obtaining money, goods, services or anything else of
   value on credit which is accepted by over one hundred (100) merchants;
   
   6. Offer or furnish any prize, premium, gift or similar inducement to
   a consumer in connection with the sale of alcoholic beverage, except
   that goods or merchandise included by the manufacturer in packaging
   with alcoholic beverages or for packaging with alcoholic beverages
   shall not be included in this prohibition, but no wholesaler or
   package store shall sell any alcoholic beverage prepackaged with other
   goods or merchandise at a price which is greater than the price at
   which the alcoholic beverage alone is sold;
   
   7. Permit any person under twenty-one (21) years of age to enter into,
   remain within or loiter about the licensed premises; or
   
   8. Pay for alcoholic beverages by a check or draft which is dishonored
   by the drawee when presented to such drawee for payment; and the ABLE
   Commission may cancel or suspend the license of any retailer who has
   given a check or draft, as maker or endorser, which is so dishonored
   upon presentation.
   
   D. No wholesaler licensee shall:
   
   1. Sell or deliver any amount of spirits or wines to any package store
   licensee on Saturday or Sunday; or
   
   2. Sell or deliver any amount of spirits or wines to any package store
   licensee on New Year's Day, Memorial Day, the Fourth of July, Labor
   Day, Veterans Day, Thanksgiving Day or Christmas Day.
   
   E. No mixed beverage or beer and wine licensee shall:
   
   1. Purchase or receive any alcoholic beverage other than from a person
   holding a wholesaler or Class B wholesaler license issued pursuant to
   the Oklahoma Alcoholic Beverage Control Act;
   
   2. Transport alcoholic beverages from the place of purchase to his
   licensed premises unless said licensee also holds a private carrier
   license issued by the ABLE Commission;
   
   3. Use or allow the use of any mark or label on a container of
   alcoholic beverage which is kept for sale which does not clearly and
   precisely indicate the nature of the contents or which might deceive
   or conceal the nature, composition, quantity, age or quality of such
   beverage;
   
   4. Keep or knowingly permit any alcoholic beverage to be kept, brought
   or consumed on his licensed premises which is not allowed to be sold
   or served upon such premises; or
   
   5. Allow any person under twenty-one (21) years of age to enter into,
   remain within or loiter about the designated bar area of the licensed
   premises, except for members of a musical band employed or hired as
   provided in paragraph 2 of subsection B of this section when the band
   is to perform within such area.
   
   F. No bottle club licensee shall:
   
   1. Use or allow the use of any mark or label on a container of
   alcoholic beverage which does not clearly and precisely indicate the
   nature of the contents or which might deceive or conceal the nature,
   composition, quantity, age or quality of any such beverage;
   
   2. Act as an agent for any bottle club member and purchase any
   alcoholic beverage for said member;
   
   3. Use or allow the use of any pool system of storage or purchase of
   alcoholic beverages;
   
   4. Allow any person to enter or remain in the designated bar or lounge
   area of the club unless that person possesses a valid membership card
   for that club issued by the club;
   
   5. Sell any alcoholic beverage;
   
   6. Deliver or furnish to any club member any alcoholic beverage that
   does not belong to said member;
   
   7. Serve alcoholic beverages to any person who does not possess a
   valid membership card for that club issued by the club;
   
   8. Issue a membership card for the club to a person under twenty-one
   (21) years of age; or
   
   9. Allow any person under twenty-one (21) years of age to enter into,
   remain within or loiter about the designated bar area of the licensed
   premises, except for members of a musical band employed or hired as
   provided in paragraph 2 of subsection B of this section when the band
   is to perform within such area.
   
   G. No special event or caterer licensee shall:
   
   1. Purchase or receive any alcoholic beverage other than from a person
   holding a wholesaler or Class B wholesaler license issued pursuant to
   the provisions of the Oklahoma Alcoholic Beverage Control Act; or
   
   2. Transport alcoholic beverages from the place of purchase to his
   licensed premises unless said licensee also holds a private carrier
   license issued by the ABLE Commission.
   
   H. No person operating a cafe, restaurant, club, or any place of
   recreation shall permit any person to be drunk or intoxicated in said
   place of business.
   

§37-537.1.
   
   No mixed beverage, beer and wine, bottle club, caterer or special
   event licensee or any employee, manager, operator or agent thereof
   shall:
   
   1. Consume or be under the influence of alcoholic beverages during the
   hours he is on duty. For the purposes of this section, licensees will
   be deemed to be on duty from the time he first comes on duty until the
   time he goes off duty at the end of the shift, including any break
   periods permitted by management. This paragraph shall not apply to any
   person who works on the premises as an entertainer only;
   
   2. Permit or tolerate any conduct or language which is intended to
   threaten another with physical harm or any fighting or offensive
   physical contact, in or upon the licensed premises or areas just
   outside the licensed premises which are controlled by the licensee;
   
   3. Permit empty or discarded alcoholic beverage containers to be in
   public view outside the licensed premises. All empty or discarded
   containers shall be disposed of in accordance with ABLE Commission
   rules and regulations;
   
   4. Permit any illegal gambling activity, violations of the state
   narcotic and dangerous drug laws, or prostitution activity or any
   other criminal conduct to occur on the licensed premises;
   
   5. Refuse or fail to promptly open a door to the licensed premises
   upon request of an agent or inspector of the Alcoholic Beverage Laws
   Enforcement Commission or any other peace officer to enter the
   premises, when the licensee or employee knows or should know that such
   request is made by an agent or inspector of the ABLE Commission or any
   other peace officer. This provision shall not be construed to deny
   agents of the ABLE Commission or any other peace officer access at any
   time to any licensed premises;
   
   6. Permit a sealed or unsealed container of alcoholic beverage to be
   removed from the licensed premises. Provided that restaurants, hotels
   and motels may permit the removal of closed original wine containers
   the contents of which have been partially consumed and bottle clubs
   may permit the removal by a club member of closed original containers
   of alcoholic beverages belonging to said members. The provisions of
   this paragraph shall not be construed to prohibit or restrict hotels
   or motels who are holders of mixed beverage or beer and wine licenses
   from allowing alcoholic beverages to be served away from the bar area
   anywhere on the licensed premises; or
   
   7. Destroy, damage, alter, remove or conceal potential evidence, or
   attempt to do so, or refuse to surrender evidence when lawfully
   requested to do so by an inspector, agent or any other peace officer
   or incite another person to do any of the above.
   

§37-537.2.
   
   No owner, operator, partner, manager, or person having supervisory
   control of any establishment licensed to sell or serve intoxicating
   beverages shall permit any of the following on or about any commercial
   premises where intoxicating beverages are dispensed or consumed:
   
   1. The performance by any person of acts, or simulated acts, of sexual
   intercourse, masturbation, sodomy, bestiality, oral copulation,
   flagellation, or any sexual acts which are otherwise prohibited by
   law;
   
   2. The actual intentional touching or caressing or fondling by any
   person of the breasts, anus or genitals;
   
   3. Any person on the licensed premises while such person is unclothed
   or in such attire, costume or clothing as to expose to view any
   portion of the areola of the female breast or any portion of the pubic
   hair, buttocks or genitals; or
   
   4. Any person to perform acts of, or acts which simulate, sexual acts
   which are prohibited by law, or permit any person to use artificial
   devices or inanimate objects to depict any prohibited activities or
   permit the showing of films, still pictures, electronic reproductions
   or other visual reproductions depicting any of the prohibited
   activities described in this paragraph.
   

§37-538.
   
   A. Any person who shall operate a whiskey still with intent to produce
   alcoholic beverages or any person who shall carry on the business of a
   distiller without having in his possession a valid and existing
   distiller's license issued pursuant to the provisions of the Oklahoma
   Alcoholic Beverage Control Act shall be guilty of a felony and upon
   conviction be fined not less than Two Thousand Five Hundred Dollars
   ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or
   imprisoned in the State Penitentiary for not more than three (3)
   years, or both such fine and imprisonment.
   
   B. Any person who shall file a false or fraudulent return in
   connection with any tax imposed by the Oklahoma Alcoholic Beverage
   Control Act, or willfully evade, or attempt to evade, any tax herein
   levied shall be guilty of a felony and upon conviction be fined not
   less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than
   Five Thousand Dollars ($5,000.00), or imprisoned in the State
   Penitentiary for not more than three (3) years, or both such fine and
   imprisonment.
   
   C. Any person who shall knowingly engage in any activity or perform
   any transaction or act for which a license is required under the
   Oklahoma Alcoholic Beverage Control Act, not having such license,
   shall be guilty of a misdemeanor and for the first offense be fined
   not more than Two Thousand Five Hundred Dollars ($2,500.00) and
   imprisoned for not less than thirty (30) days nor more than six (6)
   months, and for a second or subsequent offense shall be guilty of a
   felony and be fined not more than Two Thousand Five Hundred Dollars
   ($2,500.00), or imprisoned in the State Penitentiary for not more than
   one (1) year, or both such fine and imprisonment.
   
   D. Any person holding a license issued pursuant to the Oklahoma
   Alcoholic Beverage Control Act who shall sell or deliver alcoholic
   beverage to any person not entitled to purchase or receive same,
   except as provided in subsection F of this section, or who shall
   possess for sale any alcoholic beverage which he is not entitled to
   sell under his license, or any person who buys any alcoholic beverage,
   either retail or wholesale, from any person other than a licensed
   dealer under the terms of the Oklahoma Alcoholic Beverage Control Act,
   shall be guilty of a misdemeanor and upon conviction be fined not more
   than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned in
   the county jail for not more than six (6) months, or both such fine
   and imprisonment.
   
   E. Any person under twenty-one (21) years of age who shall
   misrepresent his age in writing or by presenting false documentation
   of age for the purpose of inducing any person to sell or serve him
   alcoholic beverage or issue him 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). 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 said 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.
   
   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.
   
   F. Any person who shall knowingly sell, furnish or give alcoholic
   beverage to a person under twenty-one (21) years of age shall be
   guilty of a felony, and shall be fined not less than Two Thousand Five
   Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars
   ($5,000.00), or imprisoned in the State Penitentiary for not more than
   five (5) years, or both such fine and imprisonment. The ABLE
   Commission shall revoke the license of any person convicted of a
   violation of this subsection.
   
   G. Any person who shall knowingly sell, furnish or give alcoholic
   beverage to an insane, mentally deficient, or intoxicated person shall
   be guilty of a felony, and shall be fined not less than Five Hundred
   Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or
   imprisoned in the State Penitentiary for not more than one (1) year,
   or both such fine and imprisonment.
   
   H. The payment of the special tax required of liquor dealers by the
   United States by any person within this state without a corresponding
   state license shall constitute prima facie evidence of an intention to
   violate the provisions of the Oklahoma Alcoholic Beverage Control Act.
   
   I. Any person operating a cafe, restaurant, club or any place of
   recreation who permits any person to be drunk or intoxicated in said
   place of business shall be guilty of a misdemeanor, and shall be fined
   not more than One Hundred Dollars ($100.00), or imprisoned for not
   more than thirty (30) days or by both such fine and imprisonment.
   
   J. Any person selling or keeping a package store open to sell any
   alcoholic beverage during any day or hours not authorized by the
   Oklahoma Alcoholic Beverage Control Act shall be guilty of a
   misdemeanor.
   

§37-538.1.
   
   An agent, inspector or any peace officer while making arrests
   incidental to investigating violations of state law may remove from
   licensed premises and adjacent areas, customers, employees and those
   individuals who may pose a threat to public safety or a threat to the
   safety of agents, inspectors or peace officers for the period of time
   necessary to effect the arrests and complete the pending
   investigation.
   

§37-538.2.
   
   In case of natural disaster or civil disturbance the Governor may, for
   the duration of such natural disaster or civil disturbance thereof,
   immediately suspend without notice any license granted under the
   provisions of the Oklahoma Alcoholic Beverage Control Act.
   

§37-538.3.
   
   All law enforcement officers, upon arrest of any holder of a license
   issued by the Alcoholic Beverage Laws Enforcement Commission for a
   violation of any state law or municipal ordinance in which the
   violation of any alcoholic beverage law had any part, shall
   immediately notify the ABLE Commission thereof. Such officers shall
   notify the ABLE Commission of any acts, practices or other conduct of
   any such licensee which may be subversive to the general welfare or
   contrary to the spirit of the Oklahoma Alcoholic Beverage Control Act
   and shall recommend appropriate action to be taken by the ABLE
   Commission.
   

§37-539.
   
   A. A search warrant may be issued pursuant to the provisions of
   Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as
   amended, for the purpose of searching for, seizing, destroying or
   holding any alcoholic beverages possessed, sold, transported,
   manufactured, kept, or stored in violation of the Oklahoma Alcoholic
   Beverage Control Act; for the purpose of searching for and seizing any
   apparatus, vehicle, equipment, or instrumentality used for, or
   intended for use in, manufacturing or transporting any alcoholic
   beverage in violation of the Oklahoma Alcoholic Beverage Control Act;
   and all such property shall be forfeited to the State of Oklahoma.
   This section shall not be construed to require a search warrant for
   duly authorized agents of the Alcoholic Beverage Laws Enforcement
   Commission to enter upon and inspect any licensed premises, but such
   right of entry and inspection shall be a condition on which every
   license shall be issued and the application for, and acceptance of,
   any license hereunder shall conclusively be deemed to be consent of
   the applicant and licensee to such entry and inspection.
   
   B. Any alcoholic beverages upon which the appropriate federal excise
   tax has not been paid at the time of seizure under this section shall
   be destroyed by the sheriff who seized the same or to whom the same
   has been delivered in accordance with the provisions of Section 1261
   of Title 22 of the Oklahoma Statutes, as amended, after the same is no
   longer needed as evidence in any criminal prosecution. All other
   property, including alcoholic beverages upon which the appropriate
   federal excise tax has been paid, seized under this section shall be
   forfeited to the State of Oklahoma by order of the court issuing the
   process by virtue of which such property was seized, or before which
   the persons violating the law, or to which such property was taken by
   the officer or officers making the seizure. Said court shall, without
   a jury, order an immediate hearing as to whether the property so
   seized was subject to seizure under this section, and take such legal
   evidence as is offered, and determine the same as in civil cases. If
   the court finds from a preponderance of the evidence that the property
   so seized was subject to seizure under this section, it shall render
   judgment accordingly and order said property forfeited to the State of
   Oklahoma unless seized by county or municipal law enforcement officers
   in which case said property shall be forfeited to the county or
   municipality, whichever is appropriate, in which the seizure of the
   property took place. Such seized property shall be sold by the officer
   having the same in charge, after giving ten (10) days' notice by one
   publication in a legal newspaper of the county or, if no legal
   newspaper is published in said county, after five notices of such sale
   have been posted in conspicuous places in the city or town wherein
   such sale is to be made, at least ten (10) days before such sale.
   Appeal from such an order may be taken as in civil cases. When such
   property is sold under the provisions of this section, the proceeds
   thereof shall be distributed as follows: First, to the payment of the
   costs of the case in which the order of forfeiture was made and the
   actual expenses of preserving the property; and second, the remainder
   shall be deposited with the county or municipal treasurer of the
   county or municipality in which the seizure took place if the property
   was seized by county or municipal law enforcement officials or with
   the State Treasurer to the credit of the General Revenue Fund of the
   State of Oklahoma in all other cases.
   

§37-540.
   
   A. The Oklahoma Tax Commission shall adopt rules and regulations
   essential to the implementation of a reporting method of taxing all
   alcoholic beverages sold or delivered in this state to eliminate the
   use of any type of stamps, except stamps authorized by the provisions
   of Section 581 of this title.
   
   B. Every manufacturer or brewer manufacturing or brewing any beer in
   this state, for sale in this state, and every manufacturer or brewer
   outside of the state, shipping any beer into this state, shall cause
   to be printed, upon an affixed label around and upon the body of each
   bottle or upon the top or the lid of each can of such beer, a symbol
   or other designation, approved by the Tax Commission, that will serve
   to indicate that the beer has an alcoholic content in excess of three
   and two-tenths percent (3.2%) by weight, and such other information as
   the Tax Commission may require. Brewers shall be required to submit
   samples of crowns, tops and labels to the Tax Commission for approval.
   
   C. Payment of the excise tax levied by the Oklahoma Alcoholic Beverage
   Control Act, Section 501 et seq. of this title, with respect to beer
   shall be made by the manufacturer or brewer as to all beer produced by
   such brewer within the state for sale within this state, and shall be
   made by the importing manufacturer or Class B wholesaler who is the
   original consignee of beer manufactured or produced outside of this
   state as to all beer imported into this state by such importing
   licensee. It is the duty of each Oklahoma licensed brewer with respect
   to beer produced by such brewer within this state, and of each
   Oklahoma licensed Class B wholesaler as to beer produced outside of
   this state and imported into this state by such Class B wholesaler, to
   pay the excise tax on such beer to the Oklahoma Tax Commission as
   hereinafter provided.
   
   D. Notwithstanding any other provision of law, the tax levied by the
   Oklahoma Alcoholic Beverage Control Act shall be part of the gross
   proceeds or gross receipts from the sale of alcoholic beverages, as
   those terms are defined in paragraph 7 of Section 1352 of Title 68 of
   the Oklahoma Statutes.
   

§37-541.
   
   The Tax Commission shall have authority to allow credit for or make
   refunds of any money paid for stamps issued by the Oklahoma Tax
   Commission in payment of state excise tax by the manufacturer pursuant
   to authority granted by the Tax Commission. All applications to the
   Tax Commission for credit or replacement under the provisions of this
   section shall be verified by affidavit and all proof and evidence
   supporting such application shall be made in strict conformity with
   the rules and regulations of the Tax Commission setting forth the
   requirements in connection with such evidence and application.
   

§37-542.
   
   A. Payment of the excise tax levied by Section 553 of the Oklahoma
   Alcoholic Beverage Control Act with respect to beer shall be made by
   the brewer or the Class B wholesaler as herein provided. The tax shall
   be due and payable on the first day of each month for the preceding
   calendar month and if not paid on or before the tenth day of each
   month shall thereafter be delinquent.
   
   B. Every brewer, and Class B wholesaler, shall make and transmit to
   the Oklahoma Tax Commission on or before the tenth day of each
   calendar month, upon a form prescribed and furnished by the Tax
   Commission, an itemized and verified report, for the preceding
   calendar month, showing the following information:
   
   1. Total quantity and description of opening inventory of beer as of
   the first day of said month;
   
   2. Total receipts and acquisitions during month from every source.
   This shall be itemized showing imports and purchases within and
   without this state separately; the kind and quantity of each type of
   beer as shown by the shipper's or seller's invoices thereof; the date
   of each purchase; the amounts purchased; the date received; the person
   from whom purchased; the manifest, bill of lading or delivery invoice
   number of each shipment, which number shall be the number used by the
   original seller as shown on the basic shipping records which accompany
   the shipment; the point of origin and point of destination of each
   shipment; and the name and Alcoholic Beverage Laws Enforcement
   Commission license number of the carrier if shipped by carrier;
   
   3. The kind and quantity of all beer sold or withdrawn from stock for
   sale, use or consumption in the State of Oklahoma during the preceding
   calendar month; the date of each sale; the kind and quantity of beer
   in each sale; the name, address and ABLE Commission license number of
   each purchaser, the manifest, bill of lading or delivery invoice
   number, which number shall be the number as shown on the basic
   shipping records which accompany the delivery; and the name and ABLE
   Commission license number of the carrier if shipped by carrier;
   
   4. All nontaxable sales and dispositions made during said month,
   including exports and sales and deliveries to military installations
   located within this state, shall be reported and information in
   reference to each such nontaxable sale, disposition, and export shall
   be shown in detail as is required for sales in the State of Oklahoma
   and shall be supported by evidence satisfactory to the Oklahoma Tax
   Commission;
   
   5. Closing inventory of beer as of the last day of the calendar month;
   and
   
   6. Such other information pertaining to the brewer's, and Class B
   wholesaler's, beginning inventory of beer, receipts or acquisitions
   thereof, sales and dispositions thereof, and the closing inventory, as
   the Oklahoma Tax Commission may, by form or regulation, require.
   
   C. Every brewer, and Class B wholesaler, at the time of making the
   monthly report required by this section, shall remit to the Oklahoma
   Tax Commission the total amount of the excise tax due as shown by said
   report.
   
   It shall be unlawful for any brewer, or Class B wholesaler, to sell or
   offer for sale any beer while delinquent in the payment of any excise
   tax due the state.
   
   D. Reports and remittances, as required herein, which are mailed on
   the tenth day of the month and received by the Oklahoma Tax Commission
   subsequent to the tenth of the month in which the excise tax is
   payable, shall be deemed to have been received by the Tax Commission
   before becoming delinquent. Postmark or registry receipt showing
   deposit in the United States mails shall be conclusive evidence of the
   date of mailing. The time for filing returns and paying the excise tax
   levied by the Oklahoma Alcoholic Beverage Control Act shall not be
   extended.
   
   E. If upon investigation it is determined by the Oklahoma Tax
   Commission that any nontaxable disposition or sale claimed by any
   brewer or Class B wholesaler is not supported by a valid invoice, or
   is fraudulently or falsely claimed in any manner by such brewer or
   Class B wholesaler or any agent of such licensee, the Tax Commission
   shall disallow any such deduction and shall assess and collect the
   tax, together with the penalty and interest thereon, on the total
   amount of the disallowed deduction taken by said licensee.
   
   F. The taking and claiming of any deduction not authorized by law,
   upon a report by any brewer or Class B wholesaler, or the failure to
   file monthly reports or to pay any excise tax due, shall constitute
   grounds for the revocation of such person's license by the ABLE
   Commission and the Tax Commission shall promptly notify such ABLE
   Commission of all such cases.
   

§37-543.
   
   A. Every wholesaler, or other person authorized under the Oklahoma
   Alcoholic Beverage Control Act to import alcoholic beverages into this
   state, shall make and transmit to the Oklahoma Tax Commission on or
   before the tenth day of each month, upon a form prescribed and
   furnished by the Oklahoma Tax Commission, an itemized and verified
   report for the preceding calendar month, showing the following
   information:
   
   1. Opening inventory of alcoholic beverages other than beer;
   
   2. Total receipts and acquisitions during month from every source.
   This shall be itemized showing imports and purchases from within and
   without this state separately; the kind, proof and quantity of each
   type of alcoholic beverages as shown by the shipper's or seller's
   invoices thereof; the date of each purchase; the amount purchased; the
   date received; the person from whom purchased; the manifest, bill of
   lading or delivery invoice number of each shipment, which number shall
   be the number used by the original seller as shown on the basic
   shipping records which accompany the shipment; and the point of origin
   and point of destination of each shipment;
   
   3. The kind and quantity of all alcoholic beverages sold or withdrawn
   from inventory for sale, use, or consumption during the calendar
   month; the date of each sale; and the kind, proof and quantity of
   alcoholic beverages in each sale; the name, address and Alcoholic
   Beverage Laws Enforcement Commission license number of each purchaser,
   and the manifest, bill of lading or delivery invoice number, which
   number shall be the number as shown on the basic shipping records
   which accompany the delivery;
   
   4. All nontaxable sales and dispositions made during said month,
   supported by evidence satisfactory to the Oklahoma Tax Commission;
   
   5. Closing inventory of alcoholic beverages as of the last day of the
   calendar month; and
   
   6. Such other information pertaining to the wholesaler's beginning
   inventory of alcoholic beverages, receipts or acquisitions thereof,
   sales and dispositions thereof, and closing inventory, as the Oklahoma
   Tax Commission may by form or regulation require.
   
   B. If upon investigation it is determined by the Oklahoma Tax
   Commission that any nontaxable disposition or sale claimed by any
   licensee is not supported by a valid invoice, or is fraudulently or
   falsely claimed in any manner by such licensee or any agent of such
   licensee, the Oklahoma Tax Commission shall disallow any such
   deduction and shall assess and collect the excise tax, together with
   the penalty and interest thereon, on the total amount of the
   disallowed deduction taken by said licensee.
   
   C. The taking and claiming of any deduction not authorized by law,
   upon a report by any wholesaler or the failure to file monthly reports
   or pay any excise tax due, shall constitute grounds for the revocation
   of such person's license, distributor permit or wholesaler permit by
   the ABLE Commission and the Oklahoma Tax Commission shall promptly
   notify the ABLE Commission of all such cases.
   

§37-543.1.
   
   (a) All manufacturers, importers, brokers and others who sell
   alcoholic beverages to a wholesaler in Oklahoma, regardless of whether
   the sale is consummated within or without the State of Oklahoma, shall
   obtain a distributor permit from the Oklahoma Tax Commission.
   
   (b) Any person having a Wholesaler's License shall obtain a wholesaler
   permit from the Oklahoma Tax Commission.
   
   (c) A distributor permit or wholesaler permit may be obtained by
   filing a verified permit application with the Alcohol-Tobacco Tax
   Division of the Oklahoma Tax Commission on a form furnished by the Tax
   Commission.
   

§37-543.2.
   
   A. The Oklahoma Tax Commission, as provided by the Uniform Tax
   Procedure Code, may issue a distributor permit or wholesaler permit to
   any person who sells alcoholic beverages to a wholesaler or to any
   person having a wholesaler license.
   
   B. Each wholesaler shall furnish a copy of the wholesaler permit to
   manufacturers, importers, brokers and others who sell alcoholic
   beverages prior to purchasing alcoholic beverages from a holder of a
   distributor permit. Each manufacturer, importer, broker and other who
   sells alcoholic beverages shall furnish a copy of the distributor
   permit to the wholesaler prior to selling alcoholic beverages to a
   wholesaler.
   
   C. Holders of distributor permits or wholesaler permits shall maintain
   an itemized and verified record for the preceding calendar month of
   all sales or purchases of alcoholic beverages and shall transmit the
   verified record to the Oklahoma Tax Commission on or before the tenth
   day of each month, upon a form prescribed and furnished by the Tax
   Commission. Permit holders shall maintain records of sales and
   purchases of alcoholic beverages for three (3) years.
   

§37-545.
   
   A. All bottles or other original containers of alcoholic beverages in
   the possession of any person upon which the taxes have not been paid
   as required by the Oklahoma Alcoholic Beverage Control Act and the
   rules and regulations thereunder are declared to be contraband. Any
   duly authorized officer or employee of the Alcoholic Beverage Laws
   Enforcement Commission or Oklahoma Tax Commission is authorized to
   seize the same, and such containers of alcoholic beverages so seized
   shall be subject to confiscation and forfeiture by the ABLE Commission
   as hereinafter provided.
   
   B. If, upon examination of invoices or from other investigation, the
   Tax Commission or the ABLE Commission finds that any alcoholic
   beverages, except beer, have been sold without tax payment as required
   by the Oklahoma Alcoholic Beverage Control Act, the Tax Commission
   shall have the power to require such person to pay to the Tax
   Commission as such tax a sum equal to twice the amount of the tax due.
   If any person is unable to furnish evidence to the Tax Commission of
   excise tax payment to cover purchases of alcoholic beverages, except
   beer, made by such person, the prima facie presumption shall arise
   that such alcoholic beverages were sold without excise tax payment.
   
   It is expressly provided, except where specific provisions of the
   Oklahoma Alcoholic Beverage Control Act require otherwise, that the
   procedures and remedies contained in the Uniform Tax Procedure Code,
   of the Oklahoma Statutes in connection with the making of assessments,
   and the enforcement and collection thereof, the penalties and interest
   to be applied, all lien and tax warrant provisions, all incidental
   remedies, including procedure for an injunction, and all other
   provisions of the Uniform Tax Procedure Code which may be applied or
   used to enforce the provisions of the Oklahoma Alcoholic Beverage
   Control Act, shall be applicable and available to the Oklahoma Tax
   Commission in administering the provisions hereof and collecting the
   taxes herein levied on alcoholic beverages.
   

§37-546.
   
   Any officer or enforcement employee of the Alcoholic Beverage Laws
   Enforcement Commission or Oklahoma Tax Commission shall have power and
   authority, without a warrant, to enter and examine the licensed
   premises of all licensees to determine whether any licensee has in his
   possession any container of alcoholic beverage upon which the taxes
   have not been paid as required by the Oklahoma Alcoholic Beverage
   Control Act and the rules and regulations thereunder, and if such
   officer or employee shall find any such container of alcoholic
   beverages he shall immediately seize the same. Such officers and
   employees of the ABLE Commission or Oklahoma Tax Commission shall be
   given free access to and shall not be hindered or interfered with in
   their examination of the licensed premises of any licensees, and, in
   case any such officer or employee is denied free access or is hindered
   or interfered with in making such examination, any license held by the
   person preventing such free access or interfering with or hindering
   such officer or employee shall be subject to suspension or revocation.

§37-547.
   
   A. After the seizure of such container of alcoholic beverage upon
   which the taxes have not been paid, any officer or employee of the
   Alcoholic Beverage Laws Enforcement Commission, designated in writing
   by the Director, shall hold a hearing to determine whether the
   container of alcoholic beverage seized did not have the necessary
   taxes paid as required by the Oklahoma Alcoholic Beverage Control Act
   and the rules and regulations thereunder. The ABLE Commission shall
   give not less than seven (7) days' notice of the time and place of
   such hearing to the owner of such container of alcoholic beverage if
   he is known, and also to the person in whose possession such container
   was found if such person is known and if such person in possession is
   not the owner of said property. The Director, or any officer or
   employee of the ABLE Commission, designated to conduct such hearing,
   shall have power to administer oaths, and the power to issue subpoenas
   requiring the attendance of and the giving of testimony by witnesses,
   and subpoenas duces tecum requiring the production of books, papers,
   records and memoranda.
   
   B. Pursuant to such hearing, the ABLE Commission shall determine
   whether the container of alcoholic beverage seized did not have the
   taxes paid as required by the Oklahoma Alcoholic Beverage Control Act
   and the rules and regulations thereunder, and upon a decision to that
   effect an order shall be entered that such container of alcoholic
   beverage is confiscated and forfeited to the State of Oklahoma. The
   ABLE Commission shall give notice of such order to the owner of such
   container of alcoholic beverage if he is known and also to the person
   in whose possession said property so taken was found if such person is
   known and if such person in possession is not the owner of said
   property.
   

§37-548.
   
   After an order of forfeiture, and when a proceedings for judicial
   review of the order has been concluded or the time for judicial review
   has expired, the Alcoholic Beverage Laws Enforcement Commission, to
   the extent that its order is sustained on review, shall sell such
   forfeited alcoholic beverage at such time and place and in such manner
   as it deems advisable. Proceeds of such sales shall be deposited with
   the State Treasurer for the credit of the General Revenue Fund of the
   State of Oklahoma.
   

§37-549.
   
   Every person who shall have in his possession more than one (1) liter
   of alcoholic beverages, the bottle or other original container upon
   which the excise tax levied by Section 553 of this title has not been
   paid as provided for by the Oklahoma Alcoholic Beverage Control Act,
   shall be guilty of a misdemeanor, and if such person is the holder of
   a license under this act such license shall be subject to revocation
   or suspension by the Alcoholic Beverage Laws Enforcement Commission.
   The ABLE Commission may adopt rules and regulations for hearings on a
   revocation of a license for violation of the provisions of this
   section. Provided the ABLE Commission may suspend any license for a
   violation of this section for a period of thirty (30) days with notice
   of hearing as the ABLE Commission may determine.
   

§37-550.
   
   Any person who erases, removes, obliterates, destroys, or renders
   illegible in any manner any serial numbers, marks, brands, legends,
   license numbers, case numbers or other information required by the
   Oklahoma Alcoholic Beverage Control Act or by Acts of Congress to be
   attached or placed upon any original containers or cases containing
   alcoholic beverages, before the contents of such packages or cases
   have been entirely removed, is guilty of a misdemeanor.
   

§37-551.
   
   Every manufacturer of alcoholic beverages other than beer shall
   package, ship, store and deliver same in cases, and no alcoholic
   beverage other than beer shall be sold, shipped, stored or delivered
   by any such manufacturer except in sealed cases. Every manufacturer of
   alcoholic beverages other than beer shall serially number such cases
   on the end of the case where the brand and product are identified. All
   such cases shall be sealed by tape or such other method as the
   Alcoholic Beverage Laws Enforcement Commission by rules and
   regulations may provide so that the contents of such cases cannot be
   removed without breaking or destroying such seal. It shall be unlawful
   for any person to remove the alcoholic beverage contents of a case so
   sealed without breaking or destroying such seal. No wholesaler or
   Class B wholesaler shall receive or accept any alcoholic beverages
   other than beer in this state except in sealed cases so numbered. Any
   holder of a license or permit violating the provisions of this section
   shall be subject to revocation or suspension of his license.
   

§37-552.
   
   All licensees under the Oklahoma Alcoholic Beverage Control Act shall
   keep books and records with regard to alcoholic beverages which shall
   contain such information and itemization thereof as the Alcoholic
   Beverage Laws Enforcement Commission may prescribe by rules and
   regulations. All books, records, inventories, invoices and other
   accounting documents required by this act shall be kept for three (3)
   years and shall at all times be available for inspection by duly
   authorized representatives of the ABLE Commission and Oklahoma Tax
   Commission.
   

§37-553.
   
   A. An excise tax is hereby levied and imposed upon all alcoholic
   beverages imported or manufactured, for sale, use or distribution, or
   used or possessed in this state, or imported or manufactured for
   export out of this state at the following rates:
   
   1. One Dollar and forty-seven cents ($1.47) per liter, and a
   proportionate rate on fractions thereof, on each liter of spirits;
   
   2. Nineteen cents ($0.19) per liter, and a proportionate rate on
   fractions thereof, on each liter of light wine;
   
   3. Thirty-seven cents ($0.37) per liter, and a proportionate rate on
   fractions thereof, on each liter of wine containing more than fourteen
   percent (14%) of alcohol by volume;
   
   4. Fifty-five cents ($0.55) per liter, and a proportionate rate on
   fractions thereof, on each liter of sparkling wine; and
   
   5. Twelve Dollars and fifty cents ($12.50) per barrel (thirty-one (31)
   wine gallons) and a proportionate rate on portions thereof, on each
   barrel of beer.
   
   B. The excise tax levied on alcoholic beverages except beer under
   subsection A of this section shall be paid as follows:
   
   1. Payment of the excise tax levied by this section with respect to
   all alcoholic beverages, other than beer, shall be made by the person
   shipping the same into Oklahoma, or in the case of direct imports from
   foreign countries by the importer, or in the case of alcoholic
   beverages manufactured in Oklahoma by the first seller thereof;
   
   2. On and after January 1, 1981, the due and payable excise tax levied
   by this section shall be made by tax returns filed with the Oklahoma
   Tax Commission. The tax returns shall be made under oath by the person
   liable for the tax on forms prescribed and provided by the Oklahoma
   Tax Commission and shall be accompanied by payment of the taxes due
   and any additional sums due as provided by this section. Invoices
   describing all alcoholic beverages as described in this section which
   are shipped into this state or which are first sold in this state
   shall be delivered to the Oklahoma Tax Commission and to the Alcoholic
   Beverage Laws Enforcement Commission immediately following shipment of
   liquors into the state or delivery to the first purchaser. Tax returns
   and payment of excise tax and other sums due shall be delivered to the
   Oklahoma Tax Commission no later than the tenth day of the month
   immediately succeeding the month of shipment, importation or first
   sale of the alcoholic beverages as provided in paragraph 1 of this
   subsection;
   
   3. All tax returns required to be filed during the twelve-month period
   beginning January 1, 1981, shall be accompanied by payment of the
   excise tax due plus an additional payment in the amount of twenty
   percent (20%) of said tax. Up to ten percent (10%) of the total
   payments made during said period may be made in the form of revenue
   stamps previously purchased pursuant to Section 540 of this title; and
   
   4. On and after February 1, 1982, each person required to file a tax
   return pursuant to this section shall remit the excise tax due, less
   an amount not to exceed two percent (2%) of the total of the
   additional payments made by said taxpayer pursuant to paragraph 3 of
   this subsection. The total of said deductions shall not exceed the
   total of the additional payments made pursuant to paragraph 3 of this
   subsection. Up to ten percent (10%) of each tax payment made under
   this subsection may be made in the form of revenue stamps previously
   purchased pursuant to Section 540 of this title.
   
   C. For the purpose of collecting and remitting the excise tax imposed
   under this section, the person liable for such tax is hereby declared
   to be the agent of the state for such purposes, and his failure to
   remit or pay such tax to the state, when due, shall constitute
   embezzlement, and any such person, upon conviction, shall be punished
   as provided by law for the embezzlement of public funds.
   
   D. Nothing herein shall be construed to impose an additional excise
   tax on intoxicating beverages held in inventory by wholesalers and
   retailers upon which the excise tax was paid prior to the effective
   date of any excise tax increase.
   

§37-554.
   
   A. The excise tax levied by Section 553 of this title shall not apply
   to:
   
   1. alcohol used exclusively for industrial purposes by the holder of
   an industrial license;
   
   2. alcohol lawfully withdrawn and used free of tax under a tax-free
   permit issued by the United States government;
   
   3. alcoholic beverages used exclusively by licensed physicians and
   dentists in the bona fide practice of their professions or by licensed
   pharmacists in compounding prescriptions;
   
   4. cider and wine made for personal use, as provided in Section 505 of
   this title;
   
   5. wine used exclusively for sacramental purposes in bona fide
   religious ceremonies; and
   
   6. alcoholic beverages, not exceeding one (1) liter, imported into
   this state by the possessor for his own personal use.
   
   B. As a condition precedent to the allowance of any exemption
   authorized by subsection A of this section:
   
   1. Where a license or permit is required by the Oklahoma Alcoholic
   Beverage Control Act, for such use, the person claiming any such
   exemption must have obtained from the Alcoholic Beverage Laws
   Enforcement Commission the license or permit authorizing such exempt
   use; and
   
   2. There must be furnished such proof of the exclusive use for such
   exempt purposes as the Oklahoma Tax Commission may require.
   

§37-554.1.
   
   Cities and towns are hereby authorized to levy an annual occupational
   tax for the privilege of operating as a retailer, mixed beverage, beer
   and wine, caterer or special event licensee, bottle club,
   manufacturer, wholesaler or Class B wholesaler, within their
   respective jurisdictions, not to exceed the state license fee for such
   licensees; provided that the aforementioned tax shall be levied only
   by the city or town in which such licensee has his principal place of
   business. This section shall not give any city or town any right to
   determine or regulate the issuance of any license, except as
   specifically provided for in this section, as the Alcoholic Beverage
   Laws Enforcement Commission shall have exclusive authority as to
   issuance and regulations of said licenses and no city or town may
   prescribe rules or regulations in conflict with or in addition to the
   statutes of this state or the rules of the ABLE Commission.
   
   Cities or towns which levy an occupational tax under this section
   shall make an annual report to the ABLE Commission, covering the
   fiscal year, showing the number and class of licensees subject to said
   tax, and the amount of money received therefrom, which information is
   to be included in the annual report of the ABLE Commission submitted
   to the Governor, and transmitted to the Legislature.
   

§37-554.2.
   
   Counties are hereby authorized to levy an annual occupational tax for
   the privilege of operating as a mixed beverage, beer and wine, caterer
   or special event licensee or as a bottle club, within their respective
   jurisdictions and not located in a city or town levying an occupation
   tax as provided by Section 554.1 of this title, not to exceed the
   state license fee for such licensees; provided that the aforementioned
   tax shall be levied only by the county in which such licensee has his
   principal place of business. All revenues derived from any such annual
   occupational tax shall be deposited in the general revenue fund of the
   county. This section shall not give any county any right to determine
   or regulate the issuance of any license, except as specifically
   provided for in this section, as the Alcoholic Beverage Laws
   Enforcement Commission shall have exclusive authority as to issuance
   and regulations of said licenses and no county may prescribe rules or
   regulations in conflict with or in addition to the statutes of this
   state or the rules of the ABLE Commission.
   
   Counties which levy an occupational tax under this section shall make
   an annual report to the ABLE Commission, covering the fiscal year,
   showing the number and class of licensees subject to said tax, and the
   amount of money received therefrom, which information is to be
   included in the annual report of the ABLE Commission submitted to the
   Governor, and transmitted to the Legislature.
   

§37-555.
   
   Every holder of a nonresident seller license shall make and transmit
   to the Oklahoma Tax Commission, on or before the tenth day of each
   month upon a form prescribed and furnished by the Oklahoma Tax
   Commission, an itemized and verified report for the preceding calendar
   month, showing each shipment or sale of alcoholic beverages into
   Oklahoma. Such report shall show the date of the shipment; the total
   quantity of the shipment; the name and Alcoholic Beverage Laws
   Enforcement Commission license number of the Oklahoma purchaser; and
   the manifest, bill of lading or invoice number of each shipment. Such
   report shall be accompanied by duplicate original copies of each
   manifest, invoice, bill of lading or other document showing the
   details, including the proof of all spirits, of all shipments during
   such calendar month.
   

§37-556.
   
   Every manufacturer, subject to licensing hereunder, shall make and
   transmit to the Oklahoma Tax Commission, on or before the tenth day of
   each calendar month, upon a form prescribed and furnished by the
   Oklahoma Tax Commission, an itemized and verified report, for the
   preceding calendar month, showing:
   
   A. The kind and quantity of all alcoholic beverages manufactured
   within this state during said month, including the proof of all
   spirits; the kind and quantity of all alcoholic beverages purchased
   within this state, including the proof of all spirits; and the kind
   and quantity of all alcoholic beverages imported into this state
   during said month, including the proof of all spirits; the name and
   Alcoholic Beverage Laws Enforcement Commission license number of the
   person from whom purchased or received; the manifest, bill of lading,
   or invoice number of each shipment, which number shall be the number
   used by the original seller as shown by the basic shipping records
   which accompanied the shipment; the date of receipt of each shipment;
   the name and ABLE Commission license number of the carrier, if
   transported by carrier; and
   
   B. All sales of alcoholic beverages made by such manufacturer during
   such calendar month, both within and without Oklahoma, including in
   detail the kind and quantity of all alcoholic beverages sold,
   including the proof of all spirits, as shown by the invoice covering
   each such sale; the invoice number; the date of each sale; the name,
   address, the ABLE Commission license number of the purchaser; the name
   and ABLE Commission license number of the carrier, if shipped by
   carrier, and such other information as the Oklahoma Tax Commission may
   require.
   

§37-557.
   
   A. Every common carrier and public carrier transporting alcoholic
   beverages into, within, or out of, this state, and every bonded
   warehouseman licensed hereunder, having possession of alcoholic
   beverages, on or before the tenth day of each month shall make and
   transmit to the Oklahoma Tax Commission an itemized and verified
   report for the preceding calendar month on a form prescribed and
   furnished by the Oklahoma Tax Commission, showing:
   
   1. By carriers: Each shipment of alcoholic beverages, the date, point
   of origin, point of delivery, to whom delivered, and such other
   information as the Oklahoma Tax Commission shall, by form or
   regulation, require.
   
   2. By bonded warehousemen: The opening inventory of alcoholic
   beverages, total receipts, date of each receipt, for whom warehoused,
   warehouse receipt number, date of each withdrawal, by whom each
   withdrawal is made, withdrawal order number, the closing inventory,
   and such other information as the Oklahoma Tax Commission may, by
   regulation or form, require.
   
   B. All such carriers and warehousemen shall permit an examination by
   the Oklahoma Tax Commission, its authorized agents or representatives,
   of their books and records of alcoholic beverages transported or
   warehoused. The failure or refusal of any carrier or warehouseman to
   make and transmit to the Oklahoma Tax Commission any report herein
   required, or to permit an examination of the records of the carrier or
   warehouseman, shall constitute grounds for the revocation of such
   person's license by the Alcoholic Beverage Laws Enforcement
   Commission.
   

§37-559.
   
   Every manufacturer, importer, broker or other who sells alcoholic
   beverages to a wholesaler, or Class B wholesaler in Oklahoma, after
   having been issued a license by the Alcoholic Beverage Laws
   Enforcement Commission, shall, before manufacturing, purchasing, or
   selling any alcoholic beverage within this state, file with the
   Oklahoma Tax Commission a bond issued by a surety company authorized
   to transact business in this state, in such amount as the Oklahoma Tax
   Commission may fix, but which shall be at least equal to the estimated
   amount of the tax liability of such licensee for a three-month period,
   to secure the payment of all excise taxes due from sales of alcoholic
   beverages to a wholesaler, or Class B wholesaler, under the provisions
   of the Oklahoma Alcoholic Beverage Control Act. Provided, that the
   amount of the bond for every wholesaler or Class B wholesaler shall be
   not less than One Thousand Dollars ($1,000.00). Such bonds shall be
   payable to the State of Oklahoma and conditioned upon the compliance
   with the excise tax provisions of the Oklahoma Alcoholic Beverage
   Control Act and the rules and regulations of the Oklahoma Tax
   Commission relating thereto. In lieu of such surety bond, any such
   manufacturer, wholesaler, or Class B wholesaler, may deposit cash or
   negotiable securities, approved by the Oklahoma Tax Commission, in
   such amount as it may prescribe.
   

§37-560.
   
   A. Every manufacturer, wholesaler, Class B wholesaler and nonresident
   seller, selling alcoholic beverages in this state, or selling
   alcoholic beverages for shipment into this state shall, at the time
   such sale is made, make and deliver to the purchaser or transporter an
   invoice, bill of lading, manifest, or other document describing such
   alcoholic beverages, showing the date of such sale or delivery, the
   name and Alcoholic Beverage Laws Enforcement Commission license number
   of the seller, the point of origin of the movement of such alcoholic
   beverages and the destination of same, the kind and quantity and a
   description of such alcoholic beverages, including the proof of all
   spirits, the name and ABLE Commission license number of the purchaser,
   the sale price and such other information as the Oklahoma Tax
   Commission may, by form or regulation, require. Every such invoice,
   bill of lading, manifest, or other document describing such alcoholic
   beverages, except beer, must be identified by consecutive numbers
   printed upon the invoice or document, and each such seller and
   purchaser must account for each copy of his invoice and each number
   thereof.
   
   B. Every common carrier and private carrier, and every person who
   transports any alcoholic beverages from any point within this state to
   any other point within or without this state, or who transports
   alcoholic beverages into this state, shall at all times while such
   alcoholic beverages are in transit have in the possession of the
   driver or operator of the transporting carrier or vehicle the invoice,
   bill of lading, manifest, or other document describing such alcoholic
   beverages being transported.
   
   C. Every manufacturer, wholesaler, or Class B wholesaler, importing
   into or purchasing in this state any alcoholic beverage, and any
   retailer purchasing any alcoholic beverage in this state, shall at the
   time of delivery or acceptance of such alcoholic beverage demand and
   receive a proper bill of lading, invoice, manifest, or other document,
   particularly describing such alcoholic beverage and showing the proof
   of all spirits.
   
   D. Every manufacturer, wholesaler, Class B wholesaler, nonresident
   seller, and retailer shall retain one copy of each invoice, bill of
   lading, manifest, or similar document covering all such sales and
   purchases by such licensee, as a part of the permanent records of such
   licensee for a period of at least three (3) years.
   
   E. Any person violating any of the provisions of this section, whether
   acting for himself or as the agent or employee of any licensee
   hereunder, shall be guilty of a misdemeanor and, upon conviction,
   shall be punished as provided by law. Any violation of the provisions
   of this section shall also constitute grounds for the revocation by
   the ABLE Commission of any license issued under the Oklahoma Alcoholic
   Beverage Control Act.
   

§37-561.
   
   Every manufacturer, wholesaler, Class B wholesaler, nonresident
   seller, retailer, mixed beverage, caterer, and special event licensee
   shall keep a record of all alcoholic beverages imported, purchased,
   received, manufactured, produced, sold, delivered, or otherwise
   disposed of, and the amount of all alcoholic beverages on hand, as
   herein provided. Such records must be kept for a period of at least
   three (3) years and shall include the date, the number of the invoice,
   manifest, bill of lading, or similar type document, and the total
   amount of alcoholic beverages purchased, imported, received,
   manufactured, produced, sold, delivered, or otherwise disposed of, by
   such licensee in each transaction. Each such licensee shall keep and
   maintain such other records in details as the Oklahoma Tax Commission
   may require.
   

§37-562.
   
   The excise tax levied by this act is hereby declared and intended to
   be a direct tax upon the ultimate retail consumer of alcoholic
   beverages in this state, and when such tax is paid by, or collected
   from, any other person, as herein provided for, such payment shall be
   considered as an advance payment for convenience and facility only,
   and such tax shall thereafter be added to the price of such alcoholic
   beverages and recovered from the ultimate retail consumer thereof.
   

§37-563.
   
   All revenue accruing from the excise tax levied by Section 553 of this
   title shall be collected by the Oklahoma Tax Commission and
   distributed as follows:
   
   1. Two-thirds of ninety-seven percent (2/3 of 97%) of such tax revenue
   shall be paid to the State Treasurer and placed to the credit of the
   General Revenue Fund of the state;
   
   2. One-third of ninety-seven percent (1/3 of 97%) of such revenue is
   hereby allocated to the counties of this state and shall be paid to
   the county treasurers on the basis of area and population (giving
   equal weight to area and population) wherein the sale of alcoholic
   beverages is lawful, and all of said funds shall be appropriated by
   the county commissioners of each county and apportioned by the county
   treasurer to all incorporated cities and towns in said county on the
   basis of population within each city and town on a per capita basis
   based on the last preceding Federal Decennial Census. For the purpose
   of appropriating and paying the excise taxes collected under the
   Oklahoma Alcoholic Beverage Control Act, or any act which is
   amendatory thereof or supplemental thereto, to the incorporated cities
   and towns in any county, city or town, the corporate limits of which
   include territory within more than one county, shall be considered and
   treated as being a city or town in only the county within which more
   than fifty percent (50%) of the entire population of such city or
   town, as shown by the last preceding Federal Decennial Census, reside,
   and, for such purpose, shall not be considered or treated as being a
   city or town in any other county; and, in the event that the last
   preceding Federal Decennial Census fails to disclose information from
   which such fact may be determined by the board of county commissioners
   which is appropriating the tax money then involved to the cities and
   towns in its county, said board of county commissioners shall make an
   estimate, from the best information then available to it, as to the
   percentage of the entire population of such city or town then residing
   in said county. If such board of county commissioners determines,
   either from information disclosed by the last preceding Federal
   Decennial Census, or from the best information then available to said
   board (when such information is not disclosed by the last preceding
   Federal Decennial Census), that more than fifty percent (50%) of the
   population of such a city or town resides in that county, such city or
   town shall receive its pro rata share of such tax money, on the basis
   of its entire population according to the last preceding Federal
   Decennial Census; but if such board of county commissioners so
   determines that more than fifty percent (50%) of the population of
   such city or town does not reside in that county, no part of such tax
   money shall be appropriated or paid to such city or town; and
   
   3. The remaining three percent (3%) of such excise tax revenue shall
   be paid to the State Treasurer and placed to the credit of the
   Oklahoma Tax Commission Fund to be paid out of said fund pursuant to
   appropriations made by the State Legislature.
   

§37-564.
   
   The county excise board of each county in the state, in approving the
   estimates of needs for cities and towns for the fiscal year ending
   June 30, 1960, and each fiscal year thereafter, shall make reasonable
   estimates of the revenue to be derived under the provisions of the
   Oklahoma Alcoholic Beverage Control Act.
   

§37-565.
   
   Within sixty (60) days after the passage and approval of this act, the
   Alcoholic Beverage Laws Enforcement Commission shall adopt such rules
   and regulations as may be necessary to facilitate the uniform and
   orderly application for, and issuance of, all licenses or permits
   provided for on the effective date of this act.
   

§37-566.
   
   A. Any person who shall violate any provision of this title for which
   no specific penalty is prescribed shall be guilty of a misdemeanor and
   be fined not more than Five Hundred Dollars ($500.00), or imprisoned
   in the county jail for not more than six (6) months, or both such fine
   and imprisonment.
   
   B. Provided, however, notwithstanding any provision of law to the
   contrary, any offense, including traffic offenses, in violation of any
   of the provisions of this title which is not otherwise punishable by a
   term of imprisonment or confinement shall be punishable by a term of
   imprisonment not to exceed one day in the discretion of the court, in
   addition to any fine prescribed by law.
   

§37-567.
   
   There is hereby created in the State Treasury a fund to be known as
   the Alcoholic Beverage Control Fund which shall consist of revenues
   collected by the state from license and registration fees, with any
   interest, fines or penalties levied and collected by the Alcoholic
   Beverage Laws Enforcement Commission pursuant to the provisions of the
   Oklahoma Alcoholic Beverage Control Act. Any unappropriated balance in
   the Oklahoma Alcoholic Beverage Control Fund at the close of each
   fiscal year shall revert to the General Revenue Fund of the State of
   Oklahoma, except for the amount necessary to satisfy any
   appropriations made or to be made from said fund by the Oklahoma State
   Legislature for the ensuing fiscal year.
   
   Beginning July 1, 1984, all such monies collected by the Alcoholic
   Beverage Laws Enforcement Commission pursuant to the provisions of the
   Oklahoma Alcoholic Beverage Control Act shall be deposited in the
   State Treasury for credit to the General Revenue Fund of the state.
   

§37-568.
   
   It shall be unlawful for any person, firm, or corporation to have in
   their possession any alcoholic beverages with the intent to sell the
   same without having first procured a license therefor from the
   Alcoholic Beverage Laws Enforcement Commission as now provided for by
   law; and all alcoholic beverages found in the possession or under the
   control of any person or persons, firm, or corporation who, on the
   same date, or within fifteen (15) days prior thereto, has violated
   subsection C of Section 538 of this title, shall be seized by the
   arresting officer and shall be forfeited to the State of Oklahoma, as
   provided for in Section 539 of this title. Except that property seized
   by a county or municipal law enforcement officer shall be forfeited to
   the county or municipality in which the seizure of the property took
   place, whichever is appropriate, as provided for in Section 539 of
   this title.
   

§37-569.
   
   All sheriffs, marshals, and police officers, all district and city or
   town attorneys, and all members of the Alcoholic Beverage Laws
   Enforcement Commission, the Director, and all enforcement employees of
   the ABLE Commission, shall diligently enforce all provisions of the
   Oklahoma Alcoholic Beverage Control Act. If any such officer, ABLE
   Commission member, Director, or employee shall fail or refuse to do or
   perform any duty required by the provisions of such statutes he shall
   be removed from office as hereinafter provided. In all cases where any
   sheriff, marshal, police officer, district or city or town attorney
   shall fail or refuse to perform any such duty a petition shall be
   filed in the district court of the county wherein such person resides,
   in the name of the state, upon the recommendation of a grand jury or
   on the relation of the board of county commissioners or of any
   attorney appointed by the Governor under the provisions of applicable
   statutes. In all cases where a member of the Alcoholic Beverage Laws
   Enforcement Commission fails to perform any duty imposed upon him,
   said member shall be subject to removal from office in the manner
   provided for state officers not subject to impeachment, and, in all
   cases where an enforcement employee of the ABLE Commission is involved
   in the failure to perform any duties required by law, such failure
   shall constitute cause for the removal of any such employee pursuant
   to the provisions of Section 833 of Title 74 of the Oklahoma Statutes.
   The Oklahoma State Bureau of Investigation and the Oklahoma State
   Bureau of Narcotics and Dangerous Drugs Control Commission shall also
   have enforcement authority for the provisions of the Oklahoma
   Alcoholic Beverage Control Act, with the power to initiate complaints
   with the ABLE Commission and by filing charges, if appropriate, with
   the district attorney in the county where the violation occurred.
   

§37-570.
   
   Persons employed as chief enforcement officer, agents, and inspectors
   of the Alcoholic Beverage Laws Enforcement Commission shall meet the
   qualifications for permanent appointment as police or peace officers
   as provided for in Section 3311 of Title 70 of the Oklahoma Statutes.
   

§37-571.
   
   The Alcoholic Beverage Laws Enforcement Commission is hereby
   authorized to promulgate rules and regulations governing the labeling
   of alcoholic beverages bottled, packaged, sold, or possessed for sale
   within this state, not inconsistent with the provisions of the
   Oklahoma Alcoholic Beverage Control Act.
   

§37-572.
   
   The bottling, packaging, sale, or possession by any licensee of any
   alcoholic beverage not labeled in conformity with such rules and
   regulations and the provisions of the Oklahoma Alcoholic Beverage
   Control Act shall be grounds for suspension, revocation, or
   cancellation of the license.
   

§37-573.
   
   A. No liquor, wine, or beer shall be labeled, offered or advertised
   for sale unless in accordance with such regulations and unless the
   brand label shall have been registered with and approved by the
   Alcoholic Beverage Laws Enforcement Commission and the appropriate fee
   paid as provided for in this section.
   
   B. An application for registration of a brand label shall be filed by
   the owner of the brand if such owner is licensed by the ABLE
   Commission, however, if the owner is not licensed but is represented
   by a licensed nonresident seller, the nonresident seller licensee
   shall submit each label for each product he offers for sale in this
   state. Cordials and wines which differ only as to age or vintage year,
   as defined by such regulations, shall be considered the same brand;
   and those that differ as to type or class may be considered the same
   brand by the ABLE Commission where consistent with the purposes of
   this section.
   
   C. The application for registration of a brand label shall be filed on
   a form prescribed by the ABLE Commission, and shall contain such
   information as the ABLE Commission shall require. Such application
   shall be accompanied by a certified check, bank officers' check or
   draft, or money order in the amount of the annual registration fee
   prescribed by this section.
   
   D. The annual fee for registration of any brand label for liquor shall
   be Three Hundred Seventy-five Dollars ($375.00); the annual fee for
   registration of any brand label for beer shall be Two Hundred Dollars
   ($200.00); the annual fee for registration of any brand label for wine
   shall be Two Hundred Dollars ($200.00).
   
   Each brand label registered and approved pursuant to this section
   shall be valid for a term which shall run concurrently with the term
   of the license of the brand owner, or nonresident seller representing
   the brand owner, registering such label and shall be valid for such
   licensee and shall not be transferable.
   
   E. If the ABLE Commission shall deny the application for registration
   of a brand label it shall return the registration fee to the
   applicant, less twenty-five percent (25%) of such fee.
   
   F. The ABLE Commission may at any time exempt any discontinued brand
   from fee provisions of this section where a manufacturer or wholesaler
   has an inventory of one hundred cases or less of liquor or wine and
   five hundred cases or less of beer, and certifies to the ABLE
   Commission in writing that such brand is being discontinued.
   

§37-576.
   
   A. A tax at the rate of twelve percent (12%) is hereby levied and
   imposed on the total gross receipts of a holder of a mixed beverage,
   caterer, or special event license, issued by the ABLE Commission,
   from:
   
   1. The sale, preparation or service of mixed beverages;
   
   2. The total retail value of complimentary or discounted mixed
   beverages;
   
   3. Ice or nonalcoholic beverages that are sold, prepared or served for
   the purpose of being mixed with alcoholic beverages and consumed on
   the premises where the sale, preparation or service occurs; and
   
   4. Any charges for the privilege of admission to a mixed beverage
   establishment which entitle a person to complimentary mixed beverages
   or discounted prices for mixed beverages.
   
   B. For purposes of this section:
   
   1. "Mixed beverages" means mixed beverages as defined by Section 506
   of this title;
   
   2. "Total gross receipts" means the total amount of consideration
   received as charges for admission to a mixed beverage establishment as
   provided in paragraph 4 of subsection A of this section and the total
   retail sale price received for the sale, preparation or service of
   mixed beverages, ice, and nonalcoholic beverages to be mixed with
   alcoholic beverages. The advertised price of a mixed beverage shall be
   the sum of the total retail sale price and the gross receipts tax
   levied thereon; and
   
   3. "Total retail value" means the total amount of consideration that
   would be required for the sale, preparation or service of mixed
   beverages.
   
   C. The gross receipts tax levied by this section shall be in addition
   to the excise tax levied in Section 553 of this title, the sales tax
   levied in the Oklahoma Sales Tax Code, Section 1350 et seq. of Title
   68 of the Oklahoma Statutes and to any municipal or county sales
   taxes.
   
   D. The gross receipts tax levied by this section is hereby declared to
   be a direct tax upon the receipt of consideration for any charges for
   admission to a mixed beverage establishment as provided in paragraph 4
   of subsection A of this section, for the sale, preparation or service
   of mixed beverages, ice, and nonalcoholic beverages to be mixed with
   alcoholic beverages, and the total retail value of complimentary or
   discounted mixed beverages.
   
   E. The total of the retail sale price received for the sale,
   preparation or service of mixed beverages, ice, and nonalcoholic
   beverages to be mixed with alcoholic beverages shall be the total
   gross receipts for purposes of calculating the sales tax levied in the
   Oklahoma Sales Tax Code, Section 1350 et seq. of Title 68 of the
   Oklahoma Statutes.
   

§37-577.
   
   A. Every holder of a mixed beverage, beer and wine, caterer, hotel
   beverage or special event license, issued by the Alcoholic Beverage
   Laws Enforcement Commission, shall obtain a mixed beverage tax permit
   from the Oklahoma Tax Commission prior to engaging, within this state,
   in the sale, preparation or service of mixed beverages, ice, or
   nonalcoholic beverages that are sold, prepared or served to be mixed
   with alcoholic beverages. Each licensee shall file a verified
   application for a mixed beverage tax permit with the Tax Commission,
   setting forth information as may be required by the Tax Commission.
   
   The Tax Commission, or its designated agent, shall issue, without any
   fees or charges therefor, a mixed beverage tax permit in the name of
   the licensee for the place of business set forth in the application
   upon verification that:
   
   1. The applicant is a holder of a mixed beverage, beer and wine,
   caterer, hotel beverage or special event license issued by the
   Alcoholic Beverage Laws Enforcement Commission;
   
   2. The applicant has posted a surety bond or other negotiable
   collateral to protect the proper payment of the gross receipts taxes;
   
   3. The applicant is a holder of a sales tax permit for the place of
   business set forth in the application; and
   
   4. The applicant is not delinquent in the payment of any gross
   receipts taxes or sales taxes.
   
   A mixed beverage tax permit issued prior to September 1, 1994, shall
   expire three (3) years after September 1, 1994; provided, if the
   holder thereof is also the holder of a sales tax permit, a mixed
   beverage tax permit issued prior to September 1, 1994, shall be valid
   for three (3) years or until expiration of the sales tax permit,
   whichever is earlier, after which a renewal permit shall be valid for
   three (3) years. The manner for renewals of less than three (3) years
   shall be prescribed by the Tax Commission.
   
   B. A separate mixed beverage tax permit for each place of business to
   be operated must be obtained and no charge therefor shall be made by
   the Tax Commission. The Tax Commission shall grant and issue to each
   applicant a separate permit for each place of business in this state,
   upon proper application therefor and verification thereof by the Tax
   Commission.
   
   C. A mixed beverage tax permit is not assignable and shall be valid
   only for the person in whose name it is issued and for the transaction
   of business at the place designated in the permit.
   
   D. It shall be unlawful for any person to engage in a business subject
   to the provisions of this section prior to the issuance of a mixed
   beverage tax permit. Any person who engages in a business subject to
   the provisions of this section without a mixed beverage tax permit or
   permits, or after a permit has been suspended, shall be guilty of a
   misdemeanor, and upon conviction thereof, shall be fined not more than
   One Thousand Dollars ($1,000.00) or incarcerated for not more than
   sixty (60) days, or by both such fine and imprisonment.
   
   E. Any person operating under a mixed beverage tax permit as provided
   in this section shall, upon discontinuance of business by sale or
   otherwise, return such permit to the Tax Commission for cancellation,
   together with payment of any unpaid or accrued taxes. Failure to
   surrender a mixed beverage tax permit and pay any and all accrued
   taxes will be sufficient cause for the Tax Commission to refuse to
   issue a mixed beverage tax permit subsequently to such person to
   engage in or transact any business in this state subject to the
   provisions of this section.
   
   F. Whenever a holder of a mixed beverage tax permit fails to comply
   with any provisions of any state alcoholic beverage laws or tax laws,
   the Tax Commission, after giving ten (10) days' notice in writing of
   the time and place of hearing to show cause why this permit should not
   be revoked, may revoke or suspend the permit. A mixed beverage tax
   permit shall be renewed upon removal of cause or causes of revocation
   or suspension. Mixed beverage tax permits are conditioned upon the
   proper and timely payment of all taxes due and in the event a holder
   of a mixed beverage tax permit becomes delinquent in reporting or
   paying any tax due under the provisions of state tax law, any duly
   authorized agent of the Tax Commission may cancel the permit and it
   shall be renewed only upon the filing of proper reports and payment of
   all taxes due and application for renewal in accordance with
   subsection A of this section.
   
   G. Upon revocation or suspension of the mixed beverage, beer and wine,
   caterer, hotel beverage or special event license by the ABLE
   Commission, the Tax Commission, or its duly authorized agent, shall
   temporarily suspend the mixed beverage tax permit issued to said
   licensee in accordance with Section 212 of Title 68 of the Oklahoma
   Statutes.
   

§37-578.
   
   A. Every holder of a mixed beverage, beer and wine, caterer or special
   event license issued by the Alcoholic Beverage Laws Enforcement
   Commission, as a condition precedent to the issuance of a mixed
   beverage tax permit, shall furnish to the Oklahoma Tax Commission a
   bond from a surety company chartered or authorized to do business in
   this state, cash bond, certificates of deposits, certificates of
   savings or U.S. Treasury bond, or an assignment of negotiable stocks
   or bonds, as the Tax Commission may deem necessary to secure payment
   of the gross receipts tax levied upon gross receipts of the licensees.
   
   B. Any surety bond furnished under this section shall be a continuing
   instrument and shall constitute a new and separate obligation in the
   sum stated therein for each calendar year or a portion thereof while
   such bond is in force. Such bond shall remain in effect until the
   surety or sureties are released and discharged by the Tax Commission.
   
   C. The Tax Commission, or its duly authorized agent, shall fix the
   amount of such bond or other security for each licensee for each place
   of business after considering the estimated gross receipts tax
   liability of such licensee. Such bond shall be no less than an amount
   equal to the average estimated quarterly gross receipts tax liability
   and no greater than an amount equal to three times the amount of the
   average estimated quarterly gross receipts tax liability.
   
   Any bond or other security shall be such as will protect this state
   against failure of the taxpayer or licensee to pay the tax levied by
   Section 576 of this title. The forfeiture or cancellation of such bond
   or security, for any reason whatsoever, shall automatically revoke the
   mixed beverage tax permit issued pursuant to the provisions of the
   Oklahoma Alcoholic Beverage Control Act.
   

§37-579.
   
   A. Every mixed beverage tax permit holder, or any person transacting
   business subject to the gross receipts tax levied by Section 576 of
   this title, shall file with the Oklahoma Tax Commission a monthly
   report for each place or location of business, on or before the 15th
   day of the month immediately following the month of receipt. The
   reports shall be made under oath, on forms prescribed by the Tax
   Commission, which shall include the following information:
   
   1. Name of mixed beverage tax permit holder;
   
   2. Mixed beverage tax permit number;
   
   3. Sales tax permit number;
   
   4. Mixed beverage, caterer or special event license number;
   
   5. Gross receipts for the month for the sale, preparation or service
   of mixed beverages, ice and nonalcoholic beverages mixed with
   alcoholic beverages;
   
   6. Gross receipts for the month from charges for the privilege of
   admission to a mixed beverage establishment which entitle a person to
   complimentary mixed beverages or discounted prices for mixed
   beverages; and
   
   7. Total retail value of complimentary or discounted alcoholic
   beverages served for the month.
   
   B. The gross receipts tax levied by Section 576 of this title shall be
   calculated by multiplying the tax rate, twelve percent (12%), and the
   total gross receipts for each month fromthe sale, preparation or
   service of mixed beverages, ice and nonalcoholic beverages mixed with
   alcoholic beverages, the total gross receipts of charges received for
   admission to mixed beverage establishments as provided in paragraph 6
   of subsection A of this section, and the total retail value of
   complimentary or discounted mixed beverages. Gross receipts from the
   sale of food prepared with alcoholic beverages shall not be included
   in the calculation of the monthly tax liability. The tax due for the
   preceding month shall accompany the report required in subsection A of
   this section. All taxes, penalties and interest imposed by thisact may
   be paid in the form of a personal or company check, cashier's check,
   certified check or postal money order payable to the Tax Commission.
   
   C. If the gross receipts tax levied pursuant to the provisions of
   Section 576 of this title is not paid on or before the 15th day of
   each month, the tax shall be delinquent and interest and penalty shall
   accrue on and from the 16th day of each month, pursuant to the
   provisions of the Uniform Tax Procedure Code, Section 201 et seq. of
   Title 68 of the Oklahoma Statutes.
   
   D. Every licensed wholesaler of alcoholic beverages in this state
   shall file with the Tax Commission a monthly report, under oath, on
   forms prescribed by the Tax Commission, which shall include the name,
   location and mixed beverage tax permit number of each mixed beverage,
   caterer or special event licensee to whom the licensed wholesaler sold
   alcoholic beverages during the report month, the container or case
   identification stamp numbers and the amount of fees collected for said
   identification stamps for all alcoholic beverages sold to such mixed
   beverage, caterer or special event licensee during the report month.
   The wholesaler may retain one percent (1%) of the identification stamp
   fees collected pursuant to the provisions of the Oklahoma Alcoholic
   Beverage Control Act, Section 501 et seq. of this title, which are
   timely reported and paid, in accordance with the provisions of Section
   581 of this title, as remuneration for collecting said fees. If said
   fees become delinquent, such wholesaler forfeits his claim to the one
   percent (1%) discount.
   
   E. If the report required by subsection A of this section is not filed
   with the Tax Commission on or before the 15th day of the month, an
   additional penalty of Five Dollars ($5.00) shall accrue for each day
   thereafter that said report is not filed pursuant to the provisions of
   this section, unless otherwise waived by the Tax Commission pursuant
   to the provisions of the Uniform Tax Procedure Code; provided,
   however, said additional penalty, if assessed, shall not exceed an
   amount equal to twice the amount of gross receipts tax due for the
   period for which such report was required to be filed, or the sum of
   Three Hundred Dollars ($300.00), whichever is greater.
   

§37-580.
   
   The mixed beverage tax permit holder or taxpayer may retain one
   percent (1%) of the tax due and timely reported and paid, in
   accordance with the provisions of Section 92 of this act, as
   remuneration for establishing and maintaining the records required by
   the Oklahoma Alcoholic Beverage Control Act. If such tax becomes
   delinquent, such taxpayer forfeits his claim to the one percent (1%)
   discount.
   

§37-581.
   
   A. The Oklahoma Tax Commission shall issue serially numbered
   identification stamps to licensed wholesalers and Class B wholesalers
   in a manner prescribed by the Tax Commission. There shall be a fee of
   One Dollar ($1.00) collected for each stamp affixed pursuant to the
   provisions of this section and said fee shall be collected by the
   wholesaler from the holder of a mixed beverage, caterer or special
   event license who is purchasing such alcoholic beverages.
   
   B. Each wholesaler or Class B wholesaler shall affix a serially
   numbered identification stamp, in a manner prescribed by the Tax
   Commission, upon each container of alcoholic beverage, other than
   mixed beverage coolers and beer, and upon each case of not to exceed
   twenty-four (24) containers of mixed beverage coolers and beer prior
   to the sale thereof to a holder of a mixed beverage, caterer or
   special event license issued by the Alcoholic Beverage Laws
   Enforcement Commission.
   
   C. The wholesaler shall remit said fees collected monthly to the
   Oklahoma Tax Commission together with the monthly report required by
   Section 579 of this title. Said fees shall be apportioned according to
   the provisions of Section 585 of this title.
   
   D. Applicants for a mixed beverage tax permit, who have an inventory
   of alcoholic beverages, may submit to the Tax Commission before August
   1, 1985, a full and complete inventory, in the form of a sworn
   affidavit, of the total amount of containers of alcoholic beverages or
   cases of beer and total number of bulk liters of alcoholic beverages
   per each tax category. Before August 1, 1985, and upon receipt of said
   sworn affidavit of inventory, an applicant may purchase serially
   numbered identification stamps from the Tax Commission. Such stamps
   shall be affixed in the manner prescribed by Tax Commission regulation
   to each container of alcoholic beverage or case of beer listed in the
   sworn affidavit of inventory.
   

§37-581.1.
   
   A. The Oklahoma Tax Commission shall issue serially numbered
   identification stamps to licensed wholesalers and Class B wholesalers
   in a manner prescribed by the Tax Commission. There shall be a fee of
   One Dollar ($1.00) collected for each stamp affixed pursuant to the
   provisions of this section and said fee shall be collected by the
   wholesaler from the holder of a hotel beverage license.
   
   B. Each wholesaler or Class B wholesaler shall affix a serially
   numbered identification stamp, in a manner prescribed by the Tax
   Commission upon each case of alcoholic beverages in containers with a
   capacity of less than one-twentieth (1/20) gallon prior to the sale
   thereof to a holder of a hotel beverage license issued by the
   Alcoholic Beverage Laws Enforcement Commission.
   
   C. The wholesaler shall remit said fees collected monthly to the Tax
   Commission together with the monthly report required by Section 579 of
   Title 37 of the Oklahoma Statutes. Said fees shall be apportioned
   according to the provisions of Section 585 of Title 37 of the Oklahoma
   Statutes.
   

§37-582.
   
   A. No mixed beverage, beer and wine, caterer or special event licensee
   may possess or permit any person to possess on the premises any
   alcoholic beverage, other than mixed beverage coolers, beer or light
   beer, in any container that does not bear a serially numbered
   identification stamp issued by the Oklahoma Tax Commission. No mixed
   beverage, beer and wine, caterer or special event licensee may possess
   or permit any person to possess on the premises any container of mixed
   beverage cooler or beer which did not come from a case bearing a
   serially numbered identification stamp issued by the Tax Commission.
   
   B. No wholesaler may knowingly sell, ship or deliver to any mixed
   beverage, beer and wine, caterer or special event licensee any
   alcoholic beverage, other than mixed beverage coolers, beer or light
   beer, in any container or any case of beer or case of mixed beverage
   coolers that does not bear a serially numbered identification stamp
   issued by the Tax Commission.
   
   C. No mixed beverage, beer and wine, caterer or special event licensee
   nor any officer, agent or employee of such licensee may possess or
   permit to be possessed on the premises, for which such license was
   issued, any container of an alcoholic beverage which is not listed on
   an invoice from the wholesaler from whom the alcoholic beverage was
   purchased.
   
   D. All containers of alcoholic beverages, other than mixed beverage
   coolers, beer or light beer, or any case of mixed beverage coolers or
   beer on the premises of a holder of a mixed beverage, beer and wine,
   caterer or special event license which do not bear a serially numbered
   identification stamp pursuant to the provisions of this section are
   declared to be contraband. All containers of alcoholic beverages which
   are on the premises of a mixed beverage, beer and wine, caterer or
   special event licensee and which are not listed on an invoice from the
   wholesaler pursuant to the provisions of this section are declared
   contraband. Any duly authorized officer or employee of the ABLE
   Commission or the Oklahoma Tax Commission is authorized to seize such
   containers or cases and such seized containers or cases shall be
   subject to confiscation and forfeiture pursuant to the provisions of
   the Oklahoma Alcoholic Beverage Control Act.
   
   E. Any holder of a wholesaler, mixed beverage, beer and wine, caterer
   or special event license who violates the provisions of this section
   shall be guilty of a misdemeanor and shall be subject to revocation or
   suspension of such license issued by the ABLE Commission pursuant to
   the provisions of the Oklahoma Alcoholic Beverage Control Act.
   

§37-583.
   
   A. A holder of a mixed beverage, beer and wine, caterer or special
   event license or any person employed by the holder of such license who
   empties a bottle containing alcoholic beverages, other than beer or
   light beer, on which the tax levied by Section 553 of this title has
   been paid, shall immediately after emptying the bottle invalidate the
   identification stamp on the bottle in the manner prescribed by rule
   and regulation of the Alcoholic Beverage Laws Enforcement Commission.
   A holder of a mixed beverage, beer and wine, caterer or special event
   license or any person employed by the holder of such license who
   empties a case of beer on which the tax levied by Section 553 of this
   title has been paid, shall immediately after emptying the case
   invalidate the identification stamp on the case in the manner
   prescribed by rule and regulation of the ABLE Commission.
   
   B. Each holder of a mixed beverage, beer and wine, caterer or special
   event license shall provide at all service counters where alcoholic
   beverages, other than beer or light beer, are poured from bottles the
   necessary facilities for the invalidation of identification stamps on
   bottles so that persons emptying bottles of such alcoholic beverages
   may immediately invalidate the identification stamps on them.
   
   C. A holder of a mixed beverage, beer and wine, caterer or special
   event license or any of his officers, agents, or employees who is
   found in possession of an empty bottle of alcoholic beverages, other
   than beer or light beer, which contained such alcoholic beverages on
   which the tax levied by Section 553 of this title has been paid and on
   which the identification stamp has not been invalidated in accordance
   with this section commits a separate offense for each bottle so
   possessed. A holder of a mixed beverage, beer and wine, caterer or
   special event license or any person employed by the holder of such
   license who is found in possession of an empty case of beer on which
   the tax levied by Section 533 of this title has been paid and on which
   the identification stamp has not been invalidated in accordance with
   this section commits a separate offense for each case so possessed.
   

§37-584.
   
   No holder of a mixed beverage, beer and wine, caterer, special event,
   or airline/railroad beverage license shall refill with any substance a
   container which contained any alcoholic beverage on which the tax
   levied by Section 553 of this title has been paid.
   

§37-585.
   
   All revenues generated from the gross receipts tax levied pursuant to
   Section 576 of this title and the identification stamp fee levied
   pursuant to Section 581 of this title shall be paid to the State
   Treasurer and placed to the credit of the General Revenue Fund of the
   State of Oklahoma.
   

§37-586.
   
   Within sixty (60) days after the passage and approval of this act, the
   Oklahoma Tax Commission shall adopt such rules and regulations as may
   be necessary to facilitate the uniform and orderly collection of the
   gross receipts taxes levied pursuant to the provisions of the Oklahoma
   Alcoholic Beverage Control Act.
   

§37-587.
   
   Any person who shall make, without authorization of the Oklahoma Tax
   Commission, manufacture, counterfeit, duplicate, or in any way imitate
   any stamps provided for in the Oklahoma Alcoholic Beverage Control
   Act, or who shall have in his possession, transfer, utter, or deliver
   any imitation or counterfeit stamp or shall affix any counterfeit
   stamp to any container of alcoholic beverages, other than beer, or any
   case of beer shall be guilty of a felony and, upon conviction, shall
   be punished by a fine of not less than One Thousand Dollars
   ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) and by
   imprisonment in the State Penitentiary for not less than one (1) year
   nor more than five (5) years. Any person who shall have in his
   possession any molds, dies, engraving, or other articles, things or
   machines used or capable of being used to counterfeit said stamps,
   shall be guilty of a felony and, upon conviction, shall be punished by
   a fine of not less than One Thousand Dollars ($1,000.00) nor more than
   Five Thousand Dollars ($5,000.00) and by imprisonment in the State
   Penitentiary for not less than one (1) year nor more than five (5)
   years.
   

§37-588.
   
   Any establishment which, upon the effective date of this act, is
   operating as a private club pursuant to a permit or license issued by
   a municipality may continue to operate pursuant to such permit or
   license until July 1, 1985.
   
   Until September 1, 1985, the ABLE Commission shall be authorized to
   issue interim licenses to applicants for mixed beverage, caterer,
   bottle club, and airline/railroad beverage licenses, prior to issuance
   of permanent licenses. The issuance of interim licenses may take place
   before all the procedures required by the Oklahoma Alcoholic Beverage
   Control Act for such licensing are completed.
   
   To obtain an interim license an applicant shall file an application
   for a license authorized by this section with the ABLE Commission and
   shall furnish all other information required by the Oklahoma Alcoholic
   Beverage Control Act and rules and regulations promulgated by the ABLE
   Commission, except that, if certificates of zoning or compliance with
   fire, safety, or health codes, required pursuant to Section 523 of
   this title, have not been issued by the applicable municipality or
   county, proof of application for said certificates shall be sufficient
   for issuance of the interim license. The certificates shall be
   furnished to the ABLE Commission prior to issuance of a permanent
   license. The interim license shall remain valid until final action
   either issuing a license or denying the application for a license is
   taken by the ABLE Commission on the application for a license, on
   which date the interim license shall expire.
   

§37-590.
   
   Sale of alcoholic beverages by the individual drink for on-premises
   consumption shall be unlawful in any county of this state unless said
   sale has been approved by a majority of the registered voters of the
   county voting thereon at a Special Election called by the board of
   county commissioners. Such election shall be called by the board of
   county commissioners upon receipt of a petition signed by registered
   voters constituting not less than fifteen percent (15%) of the total
   votes cast in the county in the last General Election for the Office
   of Governor, or such election may be called by the board of county
   commissioners upon its own motion. At the time such election is
   called, the proposition shall include those days or portions of days,
   if any, on which sales of alcoholic beverages by the individual drink
   are not authorized. If the proposition is the result of a motion of
   the board of county commissioners then the board shall designate the
   days or portions of days, if any, on which the sales of alcoholic
   beverages are not authorized. If the proposition is the result of a
   petition, such petition shall specify days or portions of days, if
   any, on which the sales of alcoholic beverages are not authorized.
   
   If, at the Special Election, the proposition to authorize the sale of
   alcoholic beverages by the individual drink for on-premises
   consumption fails to be approved by the registered voters of the
   county, the county shall not hold another election on whether or not
   to approve such sales, for at least two (2) years from the date the
   proposition failed to be approved.
   

§37-591.
   
   A. No alcoholic beverages may be sold, dispensed, served or consumed
   on the premises of a mixed beverage or beer and wine licensee between
   the hours of 2:00 a.m. and 10:00 a.m.
   
   B. Counties that elect to authorize sales of alcoholic beverages by
   the individual drink may designate any or all of the following days as
   days or portions thereof on which the sales of alcoholic beverages are
   not authorized:
   
   1. On the first day of the week, commonly called Sunday;
   
   2. On the day of any national, state, county or city election,
   including primary elections, during the hours the polls are open; and
   
   3. On Decoration or Memorial Day, Independence Day, Labor Day,
   Thanksgiving Day, and Christmas Day.
   

§37-592.
   
   No alcoholic beverages may be dispensed, served or consumed on the
   premise of a bottle club licensee between the hours of 2:00 a.m. and
   10:00 a.m.
   

§37-593.
   
   A. No person shall be allowed to enter or remain in the designated bar
   or lounge area of a bottle club unless that person possesses a valid
   membership card for that club issued by the club.
   
   Membership cards issued by a bottle club shall be purchased by the
   club from the Alcoholic Beverage Laws Enforcement Commission at a cost
   of Three Dollars ($3.00) per temporary membership card and Twenty-five
   Dollars ($25.00) per annual membership card. A temporary membership
   card shall be valid for a period of seventy-two (72) consecutive hours
   from issuance to the member. The date of issuance of a temporary
   membership shall be clearly and prominently marked upon the card. When
   the card is issued to a member by the club, the club may require said
   members to reimburse the club for the cost of the card. No membership
   card shall be issued to any person under twenty-one (21) years of age.
   
   The ABLE Commission shall have the authority to promulgate rules and
   regulations concerning bottle club membership cards.
   
   B. A bottle club license authorizes alcoholic beverages belonging to
   members of the club to be:
   
   1. Stored, possessed and mixed on club premises; and
   
   2. Served for on-premises consumption to members. Each member shall be
   served only from the member's individually owned bottle of alcoholic
   beverage which shall be marked with the owner's full name or code
   number. Such numbers shall be maintained on the club premises,
   available for inspection by agents of the ABLE Commission or by any
   other peace officer.
   
   Pool systems of storage and purchase of alcoholic beverages in a
   bottle club are specifically prohibited.
   
   C. The sale, preparation or service of ice or nonalcoholic beverages
   that are sold, prepared or served for the purpose of being mixed with
   alcoholic beverages for consumption on the premises where such sale,
   preparation or service occurs shall be subject to the sales tax levied
   by the Oklahoma Sales Tax Code and to any municipal or county sales
   taxes.
   
   D. Any bottle club licensee, or employee or agent of said licensee who
   sells to a member any alcoholic beverage shall be deemed guilty of a
   misdemeanor and upon conviction thereof shall be punished by a fine of
   One Thousand Dollars ($1,000.00) and the club license shall be revoked
   for a period of thirty (30) days. Any bottle club licensee, or
   employee or agent of said licensee who delivers or furnishes to a
   member any alcoholic beverage that does not belong to said member
   shall be deemed guilty of a misdemeanor and upon conviction thereof
   shall be punished by a fine of not less than Five Hundred Dollars
   ($500.00) nor more than One Thousand Dollars ($1,000.00) and the club
   license shall be revoked for a period of thirty (30) days. Any bottle
   club licensee, or employee or agent of said licensee who permits any
   person who is not a member to enter and remain in the designated bar
   or lounge area of the club premises shall be deemed guilty of a
   misdemeanor and upon conviction thereof shall be punished by a fine of
   One Thousand Dollars ($1,000.00) and the bottle club license shall be
   suspended for a period of thirty (30) days. No bottle club licensee,
   or employee or agent of said licensee shall serve alcoholic beverages
   to any person that does not possess a valid membership card for that
   club issued by the club.
   
   E. Any bottle club licensed under the provisions of the Oklahoma
   Alcoholic Beverage Control Act shall pay the license fee provided by
   law and obtain a separate license for each separate place of business.
   
   F. In counties of this state where retail sale of alcoholic beverages
   by the individual drink has not been authorized no person shall serve
   alcoholic beverages by the individual drink for on-premises
   consumption or permit the consumption of alcoholic beverages except in
   a bottle club licensed pursuant to this section or in a private
   residence, provided, that this shall not prohibit a winery from
   serving visitors on the licensed premises free samples of wine
   produced on the premises. No member of a bottle club shall serve
   alcoholic beverages lawfully prepared for said member in the
   designated bar or lounge area of a bottle club to any person who does
   not possess a valid membership card for the bottle club.
   

§37-594.
   
   A. A caterer license may be issued to any corporation, association,
   individual, or limited liability company, or any type of partnership
   for the purpose of sale, delivery or distribution of alcoholic
   beverages for on-premises consumption incidental to the sale or
   distribution of food.
   
   B. The ABLE Commission shall adopt rules governing the application for
   and the issuance of caterer licenses.
   
   C. The restrictions and regulations which apply to the sale of mixed
   beverages on the premises of a mixed beverage licensee also apply to
   the sale under the authority of a caterer license. Any act which if
   done on the premises of a mixed beverage licensee would be a ground
   for revocation or suspension of the mixed beverage license is a ground
   for revocation or suspension of a caterer license.
   
   D. If the premises, where the event being catered is held, are already
   operating pursuant to another type of license issued by the ABLE
   Commission, the caterer and other said licensee shall both be
   responsible for the actions of the caterer and shall both be subject
   to penalties for violations, by the caterer, of the Oklahoma Alcoholic
   Beverage Control Act and any rules promulgated thereto.
   
   E. A caterer licensee may not store alcoholic beverages unless said
   licensee has a storage license issued by the ABLE Commission.
   

§37-594.1.
   
   A. A hotel beverage license may be issued to a hotel or motel as
   defined by Section 506 of Title 37 of the Oklahoma Statutes which is
   also the holder of a mixed beverage license. Provided, that
   application may be made simultaneously for both such licenses.
   
   B. The Alcoholic Beverage Laws Enforcement Commission shall adopt
   rules and regulations governing the application for and the issuance
   of hotel beverage licenses.
   
   C. Notwithstanding any other provision of this act, a hotel may sell
   alcoholic beverages to its registered guests by means of a mini-bar
   located in the guestrooms of those registered guests provided that:
   
   1. Access to any mini-bar shall only be by a key, magnetic card or
   similar device;
   
   2. Access to a mini-bar in a particular guestroom is provided, whether
   by furnishing a key, magnetic card or similar device only to a
   registered guest over twenty-one (21) years of age registered to stay
   in the guestroom;
   
   3. The licensee shall verify that each registered guest to whom a key,
   magnetic card or similar device to access a mini-bar is to be provided
   is over twenty-one (21) years of age; and
   
   4. All employees handling the alcoholic beverages to be placed in the
   mini-bar possess an employee license issued by the ABLE Commission.
   

§37-595.
   
   A. A special event license may be issued to an organization,
   association or nonprofit corporation organized for political,
   fraternal, charitable, religious or social purposes. The holder of a
   special event license is authorized to sell and distribute alcoholic
   beverage on the premises for which the license is issued.
   
   B. The Alcoholic Beverage Laws Enforcement Commission shall adopt
   rules and regulations governing the application for and the issuance
   of special event licenses.
   
   C. The restrictions and regulations which apply to the sale of mixed
   beverages on the premises of a mixed beverage licensee also apply to
   the sale of such beverages under the authority of a special event
   license. Any act which if done on the premises of a mixed beverage
   licensee would be a ground for revocation or suspension of the mixed
   beverage license is a ground for revocation or suspension of a special
   event license.
   
   D. No special event license may be issued for any premises already
   licensed by the ABLE Commission. A special event license shall be
   valid for a period not to exceed ten (10) consecutive days. No
   qualified organization may obtain more than one such license in a
   ninety-day period.
   

§37-596.
   
   Each bottle club or mixed beverage, beer and wine, caterer or special
   event licensee shall be held responsible for violation of any
   alcoholic beverage law or administrative rule of the Alcoholic
   Beverage Laws Enforcement Commission affecting his license privileges
   and for any act or omission of his servant, agent, employee or
   representative in violation of any law, municipal ordinance or
   administrative rule affecting his license privileges.
   

§37-597.
   
   An airline/railroad beverage license may be issued to any corporation
   operating a commercial airline or railroad in or through this state.
   Application and payment of the license fee shall be made directly to
   the Alcoholic Beverage Laws Enforcement Commission.
   

§37-598.
   
   A. If the premises of a licensee of the Alcoholic Beverage Laws
   Enforcement Commission contains a separate or enclosed lounge or bar
   area, which has as its main purpose the sale or distribution, of
   alcoholic beverages for on-premises consumption, notwithstanding that
   as an incidental service, meals or short order foods are made
   available therein, no person under twenty-one (21) years of age shall
   be admitted to such area, except for members of a musical band
   employed or hired as provided in paragraph 2 of subsection B of
   Section 537 of this title when the band is to perform within such
   area. The provisions of this section shall not prohibit persons under
   twenty-one (21) years of age from being admitted to an area which has
   as its main purpose some objective other than the sale or mixing or
   serving of said beverages, in which sales or serving of said beverages
   are incidental to the main purpose, as long as the persons under
   twenty-one (21) years of age are not sold or served alcoholic
   beverages. The incidental service of food in the bar area shall not
   exempt a licensee from the provisions of this section. The ABLE
   Commission shall have the authority to designate the portions of the
   premises of a licensee where persons under twenty-one (21) years of
   age shall not be admitted pursuant to this section. For purposes of
   this section only, the term "alcoholic beverages" shall include
   low-point beer, as defined in Section 163.2 of this title.
   
   B. Except as otherwise provided, an admission charge shall not be
   considered in any calculation designed to determine the main purpose
   of an establishment pursuant to subsection A of this section. As used
   in this section, "admission charge" means any form of consideration
   received by an establishment from a person in order for that person to
   gain entrance into the establishment.
   
   C. The provisions of subsection B of this section shall not apply:
   
   1. If only persons eighteen (18) years of age or older are permitted
   to enter the licensed premises; provided however, if the licensee is
   claiming an exception from the requirements of subsection B of this
   section pursuant to this paragraph and fails to restrict the entry by
   persons under age eighteen (18) into the licensed premises, the ABLE
   Commission shall designate that only persons twenty-one (21) years of
   age or older are allowed on the licensed premises;
   
   2. If the licensed premises are owned or operated by a service
   organization or fraternal establishment which is exempt under Section
   501(c)(19), (8), or (10) of the Internal Revenue Code; or
   
   3. To a public event held in a facility owned or operated by any
   agency, political subdivision or public trust of this state.
   
   D. The ABLE Commission shall promulgate rules necessary to implement
   the provisions of this section.
   

§37-599.
   
   The Alcoholic Beverage Laws Enforcement Commission may issue an
   additional hours license to the holder of a caterer or special event
   license. The additional hours license shall authorize the holder
   thereof to sell, dispense or serve alcoholic beverages from 6:00 a.m.
   to 10:00 a.m.
   

§37-600.3.
   
   A. It is unlawful for any person to sell or furnish in any manner any
   tobacco product to another person who is under eighteen (18) years of
   age, or to purchase in any manner a tobacco product on behalf of any
   such person. It shall not be unlawful for an employee under eighteen
   (18) years of age to handle tobacco products when required in the
   performance of the employee's duties.
   
   B. A person engaged in the sale or distribution of tobacco products
   shall demand proof of age from a prospective purchaser or recipient if
   an ordinary person would conclude on the basis of appearance that the
   prospective purchaser may be under eighteen (18) years of age.
   
   If an individual engaged in the sale or distribution of tobacco
   products has demanded proof of age from a prospective purchaser or
   recipient who is not under eighteen (18) years of age, the failure to
   subsequently require proof of age shall not constitute a violation of
   subsection B of this section.
   
   C. 1. When a person violates subsection A or B of this section, the
   Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose an
   administrative fine of:
   
   a. not more than One Hundred Dollars ($100.00) for the first offense,
   
   b. not more than Two Hundred Dollars ($200.00) for the second offense
   within a one-year period following the first offense,
   
   c. not more than Three Hundred Dollars ($300.00), or not more than
   fifteen (15) days suspension of the store's license to sell tobacco
   products, or both such fine and suspension for a third offense within
   a one-year period following the first offense, or
   
   d. not more than Three Hundred Dollars ($300.00), or not more than
   thirty (30) days suspension of the store's license to sell tobacco
   products, or both such fine and suspension for a fourth or subsequent
   offense within a one-year period following the first offense.
   
   2. When it has been determined that a penalty shall include a license
   suspension, the ABLE Commission shall notify the Oklahoma Tax
   Commission, and the Oklahoma Tax Commission shall suspend the store's
   license to sell tobacco products at the location where the offense
   occurred for the period of time prescribed by the ABLE Commission.
   
   3. Proof that the defendant demanded, was shown, and reasonably relied
   upon proof of age shall be a defense to any action brought pursuant to
   this subsection.
   
   D. If the sale is made by an employee of the owner of a store at which
   tobacco products are sold at retail, the employee shall be guilty of
   the violation and shall be subject to the fine. If the sale is made by
   an employee who has previously been twice found to be in violation of
   this section, the owner of the store, if the owner knew of the
   employee's previous violations, shall also be found to be in violation
   and shall be subject to an identical fine.
   
   E. On or before December 15, 1997, the ABLE Commission shall adopt
   rules establishing a method of notification of storeowners when one of
   their employees has been determined to be in violation of this section
   by the ABLE Commission or convicted of a violation by a municipality.
   
   F. 1. Upon failure of the employee to pay the administrative fine
   within ninety (90) days of the day of the assessment of such fine, the
   ABLE Commission shall notify the Department of Public Safety and the
   Department shall suspend or not issue a driver license to the employee
   until proof of payment has been furnished to the Department of Public
   Safety.
   
   2. Upon failure of a storeowner to pay the administrative fine within
   ninety (90) days of the assessment of the fine, the ABLE Commission
   shall notify the Oklahoma Tax Commission and the Oklahoma Tax
   Commission shall suspend the store's license to sell tobacco products
   until proof of payment has been furnished to the Oklahoma Tax
   Commission.
   
   G. For purposes of determining the liability of a person controlling
   franchises or business operations in multiple locations for any
   violation of subsection A or B of this section, each individual
   franchise or business location shall be deemed a separate entity.
   
   H. Cities and towns may enact and municipal police officers may
   enforce ordinances prohibiting and penalizing conduct under provisions
   of this section, but the provisions of such ordinances shall be the
   same as provided for in this section, and the enforcement provisions
   under such ordinances shall not be more stringent than those of this
   section.
   

§37-600.4.
   
   A. It is unlawful for a person who is under eighteen (18) years of age
   to purchase, receive, or have in their possession a tobacco product,
   or to present or offer to any person any purported proof of age which
   is false or fraudulent, for the purpose of purchasing or receiving any
   tobacco product. It shall not be unlawful for an employee under
   eighteen (18) years of age to handle tobacco products when required in
   the performance of the employee's duties.
   
   B. When a person violates subsection A of this section, the Alcoholic
   Beverage Laws Enforcement (ABLE) Commission shall impose an
   administrative fine of:
   
   1. Not to exceed One Hundred Dollars ($100.00) for a first offense;
   and
   
   2. Not to exceed Two Hundred Dollars ($200.00) for a second or
   subsequent offense within a one-year period following the first
   offense.
   
   Upon failure of the individual to pay the administrative fine within
   ninety (90) days of the day of the fine, the ABLE Commission shall
   notify the Department of Public Safety and the Department shall
   suspend or not issue a driver license to the individual until proof of
   payment has been furnished to the Department of Public Safety.
   
   C. The ABLE Commission shall establish rules to provide for
   notification to a parent or guardian of any minor cited for a
   violation of this section.
   
   D. Cities and towns may enact and municipal police officers may
   enforce ordinances prohibiting and penalizing conduct under provisions
   of this section, but the provisions of such ordinances shall be the
   same as provided for in this section, and the enforcement provisions
   under such ordinances shall not be more stringent than those of this
   section.
   

§37-600.5.
   
   A. Every person who sells tobacco products at retail shall post
   conspicuously and keep so posted at the place of business a sign, as
   specified by the Alcoholic Beverage Laws Enforcement (ABLE)
   Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL
   TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE".
   
   B. When a person violates subsection A of this section, the Alcoholic
   Beverage Laws Enforcement (ABLE) Commission shall impose an
   administrative fine of not more than Fifty Dollars ($50.00) for each
   day an offense occurs. Each day a violation is continuing shall
   constitute a separate offense. The notice required by subsection A of
   this section, shall be the only notice required to be posted or
   maintained in any store that sells tobacco products at retail.
   

§37-600.6.
   
   A. Every person engaged in the business of selling tobacco products at
   retail shall notify each individual employed by that person as a
   retail sales clerk that state law:
   
   1. Prohibits the sale or distribution of tobacco products to any
   person under eighteen (18) years of age and the purchase or receipt of
   tobacco products by any person under eighteen (18) years of age; and
   
   2. Requires that proof of age be demanded from a prospective purchaser
   or recipient if an ordinary person would conclude on the basis of
   appearance that the prospective purchaser or recipient may be under
   eighteen (18) years of age.
   
   B. This notice shall be provided before the individual commences work
   as a retail sales clerk. The individual shall signify that he or she
   has received the notice required by this section by signing a form
   stating as follows:
   
   "I understand that state law prohibits the sale or distribution of
   tobacco products to persons under eighteen (18) years of age and
   out-of-package sales, and requires proof of age of purchaser or
   recipient if an ordinary person would conclude on the basis of
   appearance that the prospective purchaser or recipient may be under
   eighteen (18) years of age. I promise, as a condition of my
   employment, to obey the law. I understand that violations by me may be
   punishable by fines, suspension or nonissuance of my driver license.
   In addition, I understand that violations by me may subject the
   storeowner to fines or license suspension."
   

§37-600.7.
   
   A. It shall be unlawful for any person to sell tobacco products
   through a vending machine unless the vending machine is located:
   
   1. In areas of factories, businesses, offices or other places that are
   not open to the public;
   
   2. In places that are open to the public, but to which persons under
   eighteen (18) years of age are not admitted;
   
   3. In places where alcoholic beverages are sold for consumption on the
   premises, but only if the vending machine is under the continuous
   supervision of the owner or lessee of the premises or an employee
   thereof, and is inaccessible to the public when the establishment is
   closed; and
   
   4. In other places, but only if the machine is under the continuous
   supervision of the owner or lessee of the premises or an employee
   thereof, or can be operated only by the activation of an electronic
   switch by the owner or lessee of the premises, or an employee thereof
   prior to each purchase, or can be operated only by a special token
   purchased from the owner or lessee of the premises, or an employee
   thereof.
   
   B. In any place where supervision of a vending machine, activation of
   an electronic switch, or sale of a special token is required by
   subsection A of this section, the person responsible for that
   supervision or the activation of the switch shall demand proof of age
   from a prospective purchaser if any ordinary person would conclude on
   the basis of appearance that the prospective purchaser may be under
   eighteen (18) years of age.
   

§37-600.8.
   
   A. It shall be unlawful for any person to distribute tobacco product
   samples to any person under eighteen (18) years of age.
   
   B. Notwithstanding subsection A of this section, no person shall
   distribute tobacco product samples in or on any public street,
   sidewalk, or park that is within three hundred (300) feet of any
   playground, school, or other facility when the facility is being used
   primarily by persons under eighteen (18) years of age.
   
   C. When a person violates subsection A or B of this section, the
   Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose an
   administrative fine of:
   
   1. Not more than One Hundred Dollars ($100.00) for the first offense;
   
   2. Not more than Two Hundred Dollars ($200.00) for the second offense;
   and
   
   3. Not more than Three Hundred Dollars ($300.00) for a third or
   subsequent offense.
   
   D. Upon failure of an individual to pay an administrative fine within
   ninety (90) days of the assessment of the fine, the ABLE Commission
   shall notify the Department of Public Safety, and the Department shall
   suspend or not issue a driver license to the individual until proof of
   payment has been furnished to the Department of Public Safety.
   
   E. Cities and towns may enact and municipal police officers may
   enforce ordinances prohibiting and penalizing conduct under provisions
   of this section, but the provisions of such ordinances shall be the
   same as provided for in this section, and the enforcement provisions
   under such ordinances shall not be more stringent than those of this
   section.
   

§37-600.9.
   
   A. It is unlawful for any person to sell cigarettes except in the
   original, sealed package in which they were placed by the
   manufacturer.
   
   B. When a person violates subsection A of this section, the Alcoholic
   Beverage Laws Enforcement (ABLE) Commission shall impose an
   administrative fine of not more than Two Hundred Dollars ($200.00) for
   each offense.
   
   C. Cities and towns may enact and municipal police officers may
   enforce ordinances prohibiting and penalizing conduct under provisions
   of this section, but the provisions of such ordinances shall be the
   same as provided for in this section, and the enforcement provisions
   under such ordinances shall not be more stringent than those of this
   section.