{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-2-139","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-2-139","heading":"Bottle club, mixed beverage or beer and wine","body":"establishment - Minimum distance from schools or churches.\n\nA. It shall be unlawful for any mixed beverage establishment,\n\nbeer and wine establishment or bottle club which has been licensed\n\nby the ABLE Commission and which has as its main purpose the selling\n\nor serving of alcoholic beverages for consumption on the premises,\n\nor package store, to be located within three hundred (300) feet of\n\nany public or private school or church property primarily and\n\nregularly used for worship services and religious activities;\n\nhowever, a college or university located within an improvement\n\ndistrict created pursuant to Section 39-103.1 of Title 11 of the\n\nOklahoma Statutes may waive the three-hundred-foot requirement by\n\nproviding written notice to the establishment seeking the license\n\nand to the ABLE Commission; further, a church may waive the three-\n\nhundred-foot requirement by providing written notice to the\n\nestablishment seeking the license and to the ABLE Commission.\n\nProvided, a college or university or church prior to waiving the\n\nthree-hundred-foot requirement found in this subsection shall\n\npublish a notice of its intention to waive such requirement in a\n\nlegal newspaper of general circulation within the state at least\n\nthirty (30) days but no more than forty (40) days prior to providing\n\nany written notice, waiving the three-hundred-foot requirement, to\n\nthe establishment seeking the license or to the ABLE Commission. As\n\nused in this subsection \"legal newspaper of general circulation\n\nwithin this state\" means a newspaper meeting the requisites of a\n\nnewspaper for publication of legal notices as prescribed in Section\n\n106 of Title 25 of the Oklahoma Statutes in a majority of the\n\ncounties in this state.\n\nB. The distance indicated in this section shall be measured\n\nfrom the nearest property line of such public or private school or\n\nchurch to the nearest perimeter wall of the premises of any such\n\nmixed beverage establishment, beer and wine establishment, bottle\n\nclub or package store which has been licensed to sell alcoholic\n\nbeverages.\n\nC. The provisions of this section shall not apply to:\n\n1. Mixed beverage establishments, beer and wine establishments,\n\nor bottle clubs, which have been licensed to sell alcoholic\n\nbeverages for on-premises consumption or retail package stores prior\n\nto November 1, 2000; provided, if at the time of application for\n\nlicense renewal the licensed location has not been in actual\n\noperation for a continuous period of more than sixty (60) days, the\n\nlicense shall not be renewed; or\n\n2. Establishments licensed prior to October 1, 2018, to sell\n\nlow-point beer which were permitted to be located within three\n\nhundred (300) feet of any public or private school or church\n\nproperty primarily and regularly used for worship services and\n\nreligious activities, pursuant to the provisions of Section 163.27\n\nof Title 37 of the Oklahoma Statutes. Such establishments shall be\n\npermitted to have any license in effect on October 1, 2018,\n\ntransferred to a mixed beverage license; provided, if such an\n\nestablishment ceases to regularly be open to the public or changes\n\nownership, the provisions of this paragraph shall cease to apply.\n\nD. If any school or church shall be established within three\n\nhundred (300) feet of any package store, mixed beverage\n\nestablishment, beer and wine establishment or bottle club subject to\n\nthe provisions of this section after such package store, mixed\n\nbeverage establishment, beer and wine establishment or bottle club\n\nhas been licensed, the provisions of this section shall not be a\n\ndeterrent to the renewal of such license if there has not been a\n\nlapse of more than sixty (60) days. When any mixed beverage\n\nestablishment, beer and wine establishment or bottle club subject to\n\nthe provisions of this section which has a license to sell alcoholic\n\nbeverages for on-premises consumption, or package store, changes\nb\n\nhas been licensed, the provisions of this section shall not be a\n\ndeterrent to the renewal of such license if there has not been a\n\nlapse of more than sixty (60) days. When any mixed beverage\n\nestablishment, beer and wine establishment or bottle club subject to\n\nthe provisions of this section which has a license to sell alcoholic\n\nbeverages for on-premises consumption, or package store, changes\n\nownership or the operator thereof is changed and such change of\n\nownership results in the same type of business being conducted on\n\nthe premises, the provisions of this section shall not be a\n\ndeterrent to the issuance of a license to the new owner or operator\n\nif he or she is otherwise qualified.\n\nE. 1. Any interested party may protest the application for or\n\ngranting of a license for a package store, or for a mixed beverage\n\nestablishment, beer and wine establishment or bottle club which has\n\nas its main purpose the selling or serving of alcoholic beverages\n\nfor consumption on the premises, based on an alleged violation of\n\nthis section. To be considered by the ABLE Commission, the protest\n\nmust:\n\na. be submitted in writing,\n\nb. be signed by the person protesting,\n\nc. contain the mailing address and address of residence,\n\nif different from the mailing address of the\n\nprotester,\n\nd. contain the title of the person signing the protest,\n\nif the person is acting in an official capacity as a\n\nchurch or school official, and\n\ne. contain a concise statement explaining why the\n\napplication is being protested.\n\n2. Within thirty (30) days of the date of receipt of a written\n\nprotest, the ABLE Commission shall conduct a hearing on the protest\n\nif the protest meets the requirements of paragraph 1 of this\n\nsubsection.\n\n3. As used in this subsection, \"interested party\" means:\n\na. a parent or legal guardian whose child or children\n\nattend the church or school which is alleged to be\n\ncloser to the mixed beverage establishment or bottle\n\nclub which has as its main purpose the selling or\n\nserving of alcoholic beverages for consumption on the\n\npremises, or package store, than is allowed by this\n\nsection,\n\nb. an official of a church which is alleged to be closer\n\nto the mixed beverage establishment or bottle club\n\nwhich has as its main purpose the selling or serving\n\nof alcoholic beverages for consumption on the\n\npremises, or package store, than is allowed by this\n\nsection, or\n\nc. an official of a school which is alleged to be closer\n\nto the mixed beverage establishment or bottle club\n\nwhich has as its main purpose the selling or serving\n\nof alcoholic beverages for consumption on the\n\npremises, or package store, than is allowed by this\n\nsection.","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":"054312cfa4d8423c3d1efeb445d5f4441531edc8ad849a70e8745c3a954cd85e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-138","next":"us-ok/okla.-stat.-tit.-37a-37a-2-140"},"notice":"GroundRules: Original legal text. Not legal advice."}