{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-2-113","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-2-113","heading":"Caterer license - Rules and restrictions","body":"A. 1. A caterer license may be issued to any person for the\n\npurpose of sale, delivery or distribution of alcoholic beverages\n\nincidental to the sale or distribution of food on a premises not\n\nlicensed by the ABLE Commission. For purposes of this section,\n\n\"incidental to the sale or distribution of food\" means food sales\n\nconstituting at least thirty-five percent (35%) of the caterer's\n\ntotal combined annual sales. A caterer license shall not be issued\n\nto a person whose main purpose is the sale of alcoholic beverages.\n\n2. A caterer license may only be issued to those persons that\n\nprepare, sell and distribute food for consumption either on licensed\n\nor unlicensed premises. In order to renew a caterer license, annual\n\nfood sales must constitute at least thirty-five percent (35%) of the\n\ncaterer's total combined sales based on the most recent calendar\n\nyear. A caterer shall not be required to prepare, sell and\n\ndistribute food at every catered event as long as the caterer\n\nsatisfies the requirement set forth in this section.\n\n3. Each caterer shall submit an annual sales report containing\n\nrevenue attributable to alcoholic beverages, food and all other\n\nrevenues attributable to the catering service. The annual sales\n\nreport must be submitted thirty (30) days prior to expiration of the\n\ncaterer license on forms prescribed by the ABLE Commission. The\n\ncaterer license may not be renewed if the caterer fails to provide\n\ncomplete or sufficient financial data.\n\n4. Each caterer shall submit a monthly event report containing\n\ninformation on all events scheduled for the subsequent month. If an\n\nevent is scheduled after the first day of the month for an event to\n\noccur in the same month, then the caterer shall report that event\n\nwithin twenty-four (24) hours of scheduling the event or within\n\ntwenty-four (24) hours prior to the event, whichever occurs first.\n\nThe monthly event report shall be submitted on the first day of each\n\nmonth.\n\n5. All reports shall be submitted electronically on forms\n\nprescribed by the ABLE Commission. Provided, if the caterer does\n\nnot have access to the Internet, then monthly reports must be\n\nsubmitted by facsimile to the ABLE Commission's office in Oklahoma\n\nCity, in which case the caterer must retain a copy of the facsimile\n\nconfirmation sheet for at least twelve (12) months.\n\n6. Any caterer who fails to submit a monthly report shall have\n\nthe caterer license automatically suspended until such time that the\n\ncaterer has fully complied with all reporting requirements. Any\n\ncaterer whose annual food sales do not exceed thirty-five percent\n\n(35%) of his or her total annual combined sales shall not have the\n\ncaterer's license renewed.\n\nB. The ABLE Commission shall promulgate rules governing the\n\napplication for and the issuance of caterer licenses.\n\nC. The restrictions and rules which apply to the sale of mixed\n\nbeverages on the premises of a mixed beverage licensee also apply to\n\nthe sale under the authority of a caterer license. Any act which if\n\ndone on the premises of a mixed beverage licensee would be a ground\n\nfor revocation or suspension of the mixed beverage license is a\n\nground for revocation or suspension of a caterer license.\n\nD. If the premises where the event being catered is held are\n\nalready operating pursuant to another type of license issued by the\n\nABLE Commission, the caterer and the other licensee shall both be\n\nresponsible for the actions of the caterer and shall both be subject\n\nto penalties for violations by the caterer of the Oklahoma Alcoholic\n\nBeverage Control Act and any rules promulgated thereto.\n\nE. A caterer licensee may not store alcoholic beverages unless\n\nthe licensee has a storage license issued by the ABLE Commission. A\n\ncaterer licensee selling beer and cider to consumers shall only\n\npurchase such beer and cider from the distributor or wholesaler\ne Oklahoma Alcoholic\n\nBeverage Control Act and any rules promulgated thereto.\n\nE. A caterer licensee may not store alcoholic beverages unless\n\nthe licensee has a storage license issued by the ABLE Commission. A\n\ncaterer licensee selling beer and cider to consumers shall only\n\npurchase such beer and cider from the distributor or wholesaler\n\nwithin the county in which the licensee will be selling the beer and\n\ncider to consumers.\n\nF. A caterer may provide alcoholic beverage sales on the\n\npremises of a person currently applying for an on-premises beer and\n\nwine license, mixed beverage/caterer combination license, or mixed\n\nbeverage license, provided the following terms have been satisfied:\n\n1. The caterer shall take reasonable steps to ensure that the\n\non-premises beer and wine applicant, mixed beverage/caterer\n\ncombination applicant, or mixed beverage applicant uses only\n\nlicensed employees to perform licensable activities while using the\n\ncaterer's license. The caterer shall use his or her best efforts to\n\nattempt to have a licensed employee on-site supervising the sale of\n\nsuch caterer's alcoholic beverages at all times, but the caterer\n\nshall not be disciplined for failing to have a licensed employee on-\n\nsite. The caterer expressly acknowledges that he or she is liable\n\nfor all violations of the Oklahoma Alcoholic Beverage Control Act\n\nand rules of the ABLE Commission that are committed by the on-\n\npremises beer and wine applicant, the mixed beverage/caterer\n\ncombination applicant, or the mixed beverage applicant and its\n\nemployees during this period;\n\n2. The caterer and the on-premises beer and wine applicant, the\n\nmixed beverage/caterer combination applicant, or the mixed beverage\n\napplicant must submit to the ABLE Commission a written agreement\n\nsetting forth all the terms of the catering agreement at least\n\ntwenty-four (24) hours prior to the commencement of the catered\n\nevent;\n\n3. The caterer may not provide alcoholic beverage sales on the\n\nunlicensed premises of the on-premises beer and wine applicant,\n\nmixed beverage/caterer combination applicant, or the mixed beverage\n\napplicant for more than sixty (60) days, or after the applicant's\n\nlicense has been denied, whichever occurs first;\n\n4. The caterer may be issued a storage license to be used to\n\nstore any alcoholic beverages purchased pursuant to this subsection\n\non the unlicensed premises of the applicant during the period of the\n\nwritten agreement; and\n\n5. Upon the issuance of a license to the on-premises beer and\n\nwine applicant, the mixed beverage/caterer combination applicant, or\n\nthe mixed beverage applicant, any alcoholic beverages on the\n\nlicensed storage premises may be transferred by the caterer to the\n\non-premises beer and wine licensee, the mixed beverage/caterer\n\ncombination licensee, or the mixed beverage licensee consistent with\n\nthe provisions of Section 2-155 of this title.\n\nG. A caterer may provide alcoholic beverage services for\n\ntemporary public events which have been licensed and approved by the\n\nABLE Commission.\n\nH. A caterer may provide alcoholic beverage services for a\n\nmixed beverage licensee which holds a live performing arts\n\npresentation and is open to the public not more than one hundred\n\ntwenty (120) days per year.\n\nI. All alcoholic beverages served on the premises of an event\n\nvenue must be served by an ABLE-licensed mixed beverage licensee,\n\ncaterer licensee, or event bartender licensee. As a prerequisite to\n\nthe issuance of an event bartender license, not later than fourteen\nee which holds a live performing arts\n\npresentation and is open to the public not more than one hundred\n\ntwenty (120) days per year.\n\nI. All alcoholic beverages served on the premises of an event\n\nvenue must be served by an ABLE-licensed mixed beverage licensee,\n\ncaterer licensee, or event bartender licensee. As a prerequisite to\n\nthe issuance of an event bartender license, not later than fourteen\n\n(14) days after initial licensure, the event bartender licensee\n\nshall be required to have successfully completed an in-person\n\ntraining program conducted by an entity approved by the ABLE\n\nCommission. Proof of training completion shall be made available\n\nfor inspection by the ABLE Commission at the event venue location.\n\nThe failure of an event bartender to comply with this section may\n\nconstitute a revocable offense.","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":"676f689fa96a631fd0109b3716c8f93e2aa0bb145a1026938b6873aebb4df6c0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-112","next":"us-ok/okla.-stat.-tit.-37a-37a-2-114"},"notice":"GroundRules: Original legal text. Not legal advice."}