{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-2-146","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-2-146","heading":"Grounds to deny wine and spirits wholesaler, beer","body":"distributor, retail spirits, retail wine or retail beer license.\n\nA. The Alcoholic Beverage Laws Enforcement (ABLE) Commission\n\nshall refuse to issue a wine and spirits wholesaler, beer\n\ndistributor, retail spirits, retail wine or retail beer license,\n\neither on an original application or a renewal application, if it\n\nhas reasonable grounds to believe and finds any of the following to\n\nbe true:\n\n1. Except in the case of a beer distributor, that the applicant\n\nis not a citizen of the United States or is not a qualified elector\n\nin this state, or has not been a continuous resident of this state\n\nfor the five (5) years next preceding the application for the\n\nlicense;\n\n2. That the applicant is under twenty-one (21) years of age;\n\n3. That the applicant or any partner, or spouse of the\n\napplicant or any partner, has been convicted of a felony;\n\n4. That the applicant or any partner, or spouse of the\n\napplicant or any partner, has been convicted of a violation of any\n\nstate or federal law relating to alcoholic beverages, has forfeited\n\na bond while any charge of such violation was pending, nor may any\n\nlicense be granted for any purpose under the Oklahoma Alcoholic\n\nBeverage Control Act to an Oklahoma resident, who has held or whose\n\nspouse has held a Federal Liquor Stamp in Oklahoma before the\n\nadoption of Article XXVIII-A of the Oklahoma Constitution unless the\n\nLiquor Stamp was granted for supplying alcoholic beverages to a\n\nfederal military installation, or was granted under the Oklahoma\n\nAlcoholic Beverage Control Act;\n\n5. That the applicant or any partner has, within twelve (12)\n\nmonths next preceding the date of the application, violated any\n\nprovision of the Oklahoma Alcoholic Beverage Control Act or rule of\n\nthe ABLE Commission promulgated pursuant hereto. Provided, however,\n\nthat if the ABLE Commission has, during such twelve-month period,\n\nsuspended any license sought to be renewed, such renewal application\n\nmay be approved if the term of the suspension has been completed and\n\nthe applicant has complied with any special conditions imposed in\n\nconnection with the suspension;\n\n6. That the applicant is in the habit of using alcoholic\n\nbeverages to excess or is mentally incapacitated;\n\n7. That the applicant does not own or have a written lease for\n\nthe premises for which a license is sought;\n\n8. That the applicant, within twelve (12) months next preceding\n\nthe date of application, has been the holder of a license revoked\n\nfor cause;\n\n9. That the applicant is not the real party in interest, or\n\nintends to carry on the business authorized by the license as the\n\nagent of another;\n\n10. That the applicant, in the case of an application for\n\nrenewal of any license, would not be eligible for such license on a\n\nfirst application;\n\n11. That the applicant is a person who appoints or is a law\n\nenforcement official or is an employee of the ABLE Commission;\n\n12. That the proposed location of the licensed premises would\n\nviolate a valid municipal nondiscriminatory zoning ordinance;\n\n13. That, in the case of an application for a wine and spirits\n\nwholesaler license or beer distributor license, any brewer or\n\nmanufacturer, including an officer, director or principal\n\nstockholder thereof or any partner, has any financial interest in\n\nthe business to be conducted under the license, unless otherwise\n\npermitted by law;\n\n14. That the issuance of the license applied for would result\n\nin a violation of any provision of the Oklahoma Alcoholic Beverage\n\nControl Act;\n\n15. That, in the case of an application for a wine and spirits\n\nwholesaler or beer distributor license, the applicant or any\n\npartner, or spouse of the applicant or any partner, is the holder or\n\npartner of the holder of any other class of license issued under the\n\nprovisions of the Oklahoma Alcoholic Beverage Control Act, other\non of any provision of the Oklahoma Alcoholic Beverage\n\nControl Act;\n\n15. That, in the case of an application for a wine and spirits\n\nwholesaler or beer distributor license, the applicant or any\n\npartner, or spouse of the applicant or any partner, is the holder or\n\npartner of the holder of any other class of license issued under the\n\nprovisions of the Oklahoma Alcoholic Beverage Control Act, other\n\nthan an agent or employee license for employment by the applicant,\n\nor a storage license, bonded warehouse license, carrier license or\n\nprivate carrier license; provided, nothing shall prohibit a wine and\n\nspirits wholesaler, who is otherwise qualified, from maintaining\n\nbeer distributor licenses in the state, nor a beer distributor, who\n\nis otherwise qualified, from maintaining a wine and spirits\n\nwholesaler license in the state;\n\n16. That, in the case of an application for a retail spirits,\n\nretail wine or retail beer license, the applicant or any partner is\n\nthe holder or partner of the holder, or employee of such holder of\n\nany other class of license issued under the provisions of the\n\nOklahoma Alcoholic Beverage Control Act, other than a storage\n\nlicense or an employee license for the proposed licensed premises of\n\nthe applicant, provided, nothing in this title shall prohibit an\n\napplicant for a retail wine and/or retail beer license from\n\nmaintaining a separate mixed beverage, caterer, mixed\n\nbeverage/caterer combination license, and/or an on-premises beer and\n\nwine license; or\n\n17. That the applicant or any partner, spouse, employee or\n\nother person affiliated with the applicant is not in compliance with\n\nthe tax laws of this state as required in Article XXVIII-A of the\n\nOklahoma Constitution.\n\nB. A beer distributor licensee and wine and spirits wholesaler\n\nlicensee under common ownership shall not be limited in the types of\n\nbusiness entities which may obtain a wine and spirits wholesaler\n\nlicense. Nothing in this subsection shall be construed to apply to\n\na retail spirits license due to the need for strict liability\n\nrelated to sales directly to consumers and in the interest of public\n\nsafety.\n\nC. The provisions of this section shall not operate to prohibit\n\nthe issuance of a beer distributor license to a corporation or\n\npartnership or limited liability company.","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":"cecf816831e618dc26d2272a611d8aec425a423ca2d40194fea7ad4b53feae4c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-145","next":"us-ok/okla.-stat.-tit.-37a-37a-2-147"},"notice":"GroundRules: Original legal text. Not legal advice."}