{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-1-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-1-104","heading":"Creation and purpose of ABLE Commission - Members -","body":"Interim licenses.\n\nA. The Alcoholic Beverage Laws Enforcement Commission created\n\nin Section 1 of Article XXVIII of the Oklahoma Constitution is\n\nhereby re-created. The purpose of the Commission shall be to\n\nenforce the alcoholic beverage laws of the state, and the Commission\n\nshall have such power and authority to enforce such laws, rules and\n\nregulations as shall be prescribed by the Oklahoma Alcoholic\n\nBeverage Control Act.\n\nB. The Commission shall consist of seven (7) members, to be\n\nappointed by the Governor with the advice and consent of the State\n\nSenate; provided, members serving on October 1, 2017, shall continue\n\nto serve until such time as their terms would have expired pursuant\n\nto the provisions of Section 1 of Article XXVIII of the Oklahoma\n\nConstitution. Five of the members shall be at-large members\n\nrepresenting the lay citizenry. The remaining two members shall be\n\npersons with law enforcement experience in this state. Any time\n\nthere is a vacancy on the Commission, the Governor shall appoint a\n\nreplacement, with the advice and consent of the State Senate, within\n\nninety (90) days.\n\nC. Members of the Commission shall be appointed for a term of\n\nfive (5) years.\n\nD. No more than four members of the Commission shall be\n\nappointed from the same political party. No more than two members\n\nof the Commission shall be appointed from the same federal\n\ncongressional district.\n\nE. No member of the Commission shall hold any license\n\nauthorized by the Oklahoma Alcoholic Beverage Control Act, or have\n\nany interest in any capacity, in the manufacture, sale, distribution\n\nor transportation of alcoholic beverages.\n\nF. The members of the Commission shall be removable from office\n\nfor cause as other officers not subject to impeachment.\n\nG. The Commission shall appoint a Director, whose duties shall\n\nbe defined as provided in Section 1-108 of this title.\n\nH. The State of Oklahoma shall take all necessary steps to\n\nensure the timely implementation of Enrolled Senate Joint Resolution\n\nNo. 68 of the 2nd Session of the 55th Oklahoma Legislature, if\n\napproved by the voters. Consistent with this objective, the ABLE\n\nCommission shall have the power to issue interim licenses prior to\n\nOctober 1, 2018, as follows:\n\n1. Except for the sale of wine or beer to the public, an\n\ninterim license shall allow all qualified retail wine and retail\n\nbeer licensees to perform all activities permissible under a full\n\nlicense including but not limited to purchasing, stocking and\n\nstoring the wine and/or full-strength beer prior to October 1, 2018.\n\nIn order to qualify for an interim license, the licensee must\n\nsatisfy all the requirements set forth in Article XXVIII-A of the\n\nOklahoma Constitution and the Oklahoma Alcoholic Beverage Control\n\nAct. This interim license shall convert to a full license on\n\nOctober 1, 2018;\n\n2. Package stores may install refrigerated coolers for the\n\nstorage of beer and wine prior to October 1, 2018, provided the\n\nrefrigerated coolers shall not be used to cool product below room\n\ntemperature prior to October 1, 2018; and\n\n3. An interim license shall allow all qualified wine and\n\nspirits wholesalers and beer distributors to perform all activities\n\npermissible under a full license including but not limited to\n\nselling and delivering wine and/or full-strength beer to all\n\nqualified retail wine and retail beer licensees. A wine and spirits\n\nwholesaler that has been designated by a manufacturer as a\n\ndistributor of its wine or spirits may post those designated\n\nproducts by line-item, consistent with Section 3-116.2 of this\n\ntitle, on September 15, 2018, for sale effective October 1, 2018.\n\nIn order to qualify for an interim license, the wine and spirits\n\nwholesaler and beer distributor must comply with the provisions set\n\nforth in Article XXVIII-A of the Oklahoma Constitution and the\n\nOklahoma Alcoholic Beverage Control Act. The interim license shall\ned\n\nproducts by line-item, consistent with Section 3-116.2 of this\n\ntitle, on September 15, 2018, for sale effective October 1, 2018.\n\nIn order to qualify for an interim license, the wine and spirits\n\nwholesaler and beer distributor must comply with the provisions set\n\nforth in Article XXVIII-A of the Oklahoma Constitution and the\n\nOklahoma Alcoholic Beverage Control Act. The interim license shall\n\nconvert to a full license on October 1, 2018.\n\nProvided, however, that a brewer is only permitted to sell beer\n\nor cider to a beer distributor holding a valid interim license\n\npursuant to this section as follows:\n\na. such sales may begin no sooner than September 1, 2018,\n\nb. the beer distributor either must be assigned a beer\n\ndistributor territory by the brewer pursuant to a\n\ndistributor agreement to begin October 1, 2018, or be\n\na brewer or an affiliate of a brewer that will be\n\npermitted to distribute beer within two territories\n\npursuant to the provisions of subsection E of Section\n\n3-108 of this title, and\n\nc. the interim license only permits sales to retailers by\n\nthe interim licensee either in the distribution\n\nterritory as set forth in the distributor agreement or\n\nin the two territories permitted pursuant to the\n\nprovisions of subsection E of Section 3-108 of this\n\ntitle.\n\nI. No retail wine or retail beer licensee may sell wine and/or\n\nbeer, other than low-point beer, and no package store may sell\n\nrefrigerated wine and/or beer, prior to October 1, 2018. The sale\n\nor refrigeration of wine and/or beer in violation of this subsection\n\nshall result in the revocation of the interim license and a monetary\n\nfine of Twenty-five Thousand Dollars ($25,000.00).","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"df97bc3ac68adf470e732d6da5c4ff74c73b874f021e936d4eac315db3a179dc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-1-103","next":"us-ok/okla.-stat.-tit.-37a-37a-1-105"},"notice":"GroundRules: Original legal text. Not legal advice."}