{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-102","heading":"Prohibited acts of licensees","body":"A. No licensee of the ABLE Commission shall:\n\n1. Knowingly receive, possess or sell any alcoholic beverage\n\nexcept as authorized by the Oklahoma Alcoholic Beverage Control Act\n\nand by the license or permit which the licensee holds;\n\n2. Employ any person under eighteen (18) years of age in the\n\nselling of beer or wine or employ any person under twenty-one (21)\n\nyears of age in the selling of spirits. Provided:\n\na. a mixed beverage, beer and wine, caterer, public\n\nevent, special event, bottle club, retail wine or\n\nretail beer licensee may employ servers or sales\n\nclerks who are at least eighteen (18) years of age,\n\nexcept persons under twenty-one (21) years of age may\n\nnot serve in designated bar or lounge areas, and\n\nb. a mixed beverage, beer and wine, caterer, public\n\nevent, special event or bottle club licensee may\n\nemploy or hire musical bands who have musicians who\n\nare under eighteen (18) years of age if each such\n\nmusician is either accompanied by a parent or legal\n\nguardian or has on their person, to be made available\n\nfor inspection upon demand by any employee of the ABLE\n\nCommission or law enforcement officer, a written,\n\nnotarized affidavit from the parent or legal guardian\n\ngiving the underage musician permission to perform in\n\ndesignated bar or lounge areas;\n\n3. Give any alcoholic beverage as a prize, premium or\n\nconsideration for any lottery, game of chance or skill or any type\n\nof competition;\n\n4. Use any of the following means or inducements to stimulate\n\nthe consumption of alcoholic beverages, including but not limited\n\nto:\n\na. deliver more than two drinks to one person at one\n\ntime, except:\n\n(1) as provided for serving tasting flights defined\n\nin Section 6-102.1 of this title, or\n\n(2) up to six (6) bottles or cans of beer in the\n\noriginal packaging for on-premises consumption\n\nmay be delivered to one person at one time in a\n\nreusable container, including but not limited to\n\na bucket or insulated cooler which may be cooled\n\nby ice or another cooling method,\n\nb. sell or offer to sell to any person or group of\n\npersons any drinks at a price that is less than six\n\npercent (6%) below the markup of the cost to the mixed\n\nbeverage licensee; provided, a mixed beverage licensee\n\nshall be permitted to offer these drink specials on\n\nany particular hour of any particular day and shall\n\nnot be required to offer these drink specials for an\n\nentire calendar week or from open to close, and shall\n\nnot be required to offer such drink specials at all\n\nvenues operating under the same mixed beverage\n\nlicense; provided, a mixed beverage licensee selling\n\nwine, beer, or cocktails to-go shall be permitted to\n\noffer these to-go drinks at a different price than on-\n\npremises drinks,\n\nc. sell or offer to sell to any person an unlimited\n\nnumber of drinks during any set period of time for a\n\nfixed price, except at private functions not open to\n\nthe public,\n\nd. sell or offer to sell drinks to any person or group of\n\npersons on any one day or portion thereof at prices\n\nless than those charged the general public on that\n\nday, except at private functions not open to the\n\npublic,\n\ne. increase the volume of alcoholic beverages contained\n\nin a drink without increasing proportionately the\n\nprice regularly charged for such drink during the same\n\ncalendar week, or\n\nf. encourage or permit, on the licensed premises, any\n\ngame or contest which involves drinking or the\n\nawarding of drinks as prizes.\n\nProvided, that the provisions of this paragraph shall not\n\nprohibit the advertising or offering of food, entertainment or\n\nbottle service in licensed establishments;\n\n5. Permit or allow any patron or person to exit the licensed\n\npremises with an open container of any alcoholic beverage.\n\nProvided, this prohibition shall not be applicable to closed\n\noriginal containers of alcoholic beverages which are carried from\nhe provisions of this paragraph shall not\n\nprohibit the advertising or offering of food, entertainment or\n\nbottle service in licensed establishments;\n\n5. Permit or allow any patron or person to exit the licensed\n\npremises with an open container of any alcoholic beverage.\n\nProvided, this prohibition shall not be applicable to closed\n\noriginal containers of alcoholic beverages which are carried from\n\nthe licensed premises of a bottle club by a patron, closed original\n\nwine containers removed from the premises of restaurants, hotels and\n\nmotels, or to closed original containers of alcoholic beverages\n\ntransported to and from the place of business of a licensed caterer\n\nby the caterer or an employee of the caterer;\n\n6. Serve or sell alcoholic beverages with an expired license\n\nissued by the ABLE Commission;\n\n7. Permit any person to be drunk or intoxicated on the\n\nlicensee's licensed premises; or\n\n8. Permit or allow any patron to serve or pour himself or\n\nherself any alcoholic beverage, except a licensee may offer a patron\n\nself-pour service of beer or wine, or both, from automated devices\n\non licensed premises so long as:\n\na. the licensee monitors and has the ability to control\n\nthe dispensing of such beer or wine, or both, from the\n\nautomated devices. \"Automated device\" shall mean any\n\nmechanized device capable of dispensing wine or beer,\n\nor both, directly to a patron in exchange for\n\ncompensation that a licensee has received directly\n\nfrom the patron, and\n\nb. each licensee offering a patron self-pour service of\n\nwine or beer, or both, from any automated device shall\n\nprovide constant video monitoring of the automated\n\ndevice at all times during which the licensee is open\n\nto the public. The licensee shall keep recorded\n\nfootage from the video monitoring for at least sixty\n\n(60) days, and shall provide the footage, upon\n\nrequest, to any agent of the Director of the ABLE\n\nCommission or other authorized law enforcement agent.\n\nB. 1. The compensation required by subparagraph a of paragraph\n\n8 of subsection A of this section shall be in the form of a radio\n\nfrequency identification (RFID) device, mobile application or any\n\nother technology approved by the ABLE Commission containing a fixed\n\namount of volume of thirty-two (32) ounces for beer and ten (10)\n\nounces for wine that may be directly exchanged for beer or wine\n\ndispensed from the automated device:\n\na. RFID devices may be assigned, used or reactivated only\n\nduring a business day,\n\nb. each RFID device shall be obtained from the licensee\n\nby a patron,\n\nc. a licensee shall not issue more than one active RFID\n\ndevice to a patron, and\n\nd. an RFID device shall be deemed active if the RFID\n\ndevice contains volume credit or has not yet been used\n\nto dispense ten (10) ounces of wine or thirty-two (32)\n\nounces of beer.\n\n2. In order to obtain an RFID device from a licensee, each\n\npatron shall produce a valid driver license, identification card or\n\nother government-issued document that contains a photograph of the\n\nindividual and demonstrates that the individual is at least twenty-\n\none (21) years of age. Each RFID device shall be programmed to\n\nrequire the production of the patron's valid identification before\n\nthe RFID device can be used for the first time during any business\n\nday or for any subsequent reactivation.\n\n3. Each RFID device shall become inactive at the end of each\n\nbusiness day.\n\n4. Each RFID device shall be programmed to allow the dispensing\n\nof no more than ten (10) ounces of wine or thirty-two (32) ounces of\n\nbeer to a patron:\n\na. once an RFID device has been used to dispense ten (10)\n\nounces of wine or thirty-two (32) ounces of beer to a\n\npatron, the RFID device shall become inactive, and\n\nb. any patron in possession of an inactive RFID device\n\nmay, upon production of the patron's valid\n\nidentification to the licensee or licensee's employee,\n\nhave the RFID device reactivated to allow the\n2) ounces of\n\nbeer to a patron:\n\na. once an RFID device has been used to dispense ten (10)\n\nounces of wine or thirty-two (32) ounces of beer to a\n\npatron, the RFID device shall become inactive, and\n\nb. any patron in possession of an inactive RFID device\n\nmay, upon production of the patron's valid\n\nidentification to the licensee or licensee's employee,\n\nhave the RFID device reactivated to allow the\n\ndispensing of an additional ten (10) ounces of wine or\n\nthirty-two (32) ounces of beer from an automated\n\ndevice.\n\nParagraphs 1, 2, 3 and 4 of this subsection shall not apply to wine\n\nor beer that is dispensed directly to the licensee or the licensee's\n\nagent or employee.\n\nC. A mixed beverage or beer and wine licensee shall not be\n\ndeemed to have violated the provisions of paragraph 5 of subsection\n\nA of this section if it allowed a patron to leave the licensed\n\npremises with an open container of beer or wine only and:\n\n1. The otherwise prohibited act was committed during the hours\n\nof 8 a.m. to midnight on the day of a scheduled home football game\n\nof institutions within The Oklahoma State System of Higher\n\nEducation, and the establishment is located within two thousand\n\n(2,000) feet of the institution;\n\n2. The licensee is participating by invitation in a municipally\n\nsanctioned art, music or sporting event within city limits when the\n\nmunicipality has provided written notice of the event and a list of\n\ninvited licensees to the ABLE Commission at least five (5) days\n\nprior to the event; or\n\n3. The patron remains on the connected, physical property of\n\nthe licensee or in a public area adjacent to the physical property\n\nof the licensee with prior municipal approval; provided, that\n\nwritten notice of the use of the connected, physical property of the\n\nlicensee or public area shall be provided to the ABLE Commission at\n\nleast five (5) days prior to such use.","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":"0c3835af4f789f626c45cf8a81b32b5d0be7d84a156adc72718cbfc0d82bfceb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-101","next":"us-ok/okla.-stat.-tit.-37a-37a-6-102.1"},"notice":"GroundRules: Original legal text. Not legal advice."}