{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-109","heading":"Prohibited acts of mixed beverage, beer and wine,","body":"bottle club, caterer, charitable event, public event or special\n\nevent licensees or employee, manager, operator or agent thereof.\n\nNo mixed beverage, beer and wine, bottle club, caterer,\n\ncharitable event, public event or special event licensee or any\n\nemployee, manager, operator or agent thereof shall:\n\n1. Consume or be under the influence of alcoholic beverages\n\nduring the hours he or she is on duty. For the purposes of this\n\nsection, licensees will be deemed to be on duty from the time the\n\nlicensee first comes on duty until the time the licensee goes off\n\nduty at the end of the shift including any break periods permitted\n\nby management. This paragraph shall not apply for purposes of\n\nemployee education training; provided, that:\n\na. all tastings are conducted on a licensed premises and\n\nunder the direct supervision of the licensee,\n\nb. all samples shall be poured by a licensee who is\n\nlawfully permitted to serve alcoholic beverages in\n\nthis state,\n\nc. all tastings shall be restricted to employees who are\n\ntwenty-one (21) years of age or older,\n\nd. all participation in tastings for educational purposes\n\nmay be required by an employer; however, the choice to\n\ntaste or consume alcoholic beverages shall always be\n\nvoluntary, and\n\ne. no employee may be required to taste or consume\n\nalcohol at tastings as a condition of employment.\n\nAn educational tasting of beer may consist of not more than six\n\nseparate individual beers of not more than two (2) ounces each,\n\nserved together at one time. No employee may sample more than a\n\ntotal of twelve (12) fluid ounces of beer per day. An educational\n\ntasting of wine may consist of not more than six separate individual\n\nwines of not more than one (1) ounce each, served together at one\n\ntime. No employee may sample more than a total of six (6) fluid\n\nounces of wine per day. An educational tasting of spirits shall\n\nconsist of not more than three separate individual spirits of not\n\nmore than one-half (0.5) ounce each, served together at one time.\n\nNo employee may sample more than a total of one and one-half (1.5)\n\nfluid ounces of spirits per day. An education tasting of a mixed\n\nbeverage shall consist of not more than one individual mixed\n\nbeverage consisting of not more than twelve (12) ounces of beer, six\n\n(6) ounces of wine, or one and one-half (1.5) ounces of spirits,\n\ncombined with an unlimited amount of ingredients that are non-\n\nalcoholic in nature, served at one time. No employee may sample\n\nmore than a total of twelve (12) ounces of beer, six (6) ounces of\n\nwine, or one and one-half (1.5) ounces of spirits in a mixed\n\nbeverage per day. Only one type of alcoholic beverage, beer, wine,\n\nspirits, or mixed beverage shall be allowed at any educational\n\ntraining tasting. No combination tasting shall be allowed.\n\nEmployees who choose to taste an alcoholic beverage but do not wish\n\nto consume the alcoholic beverage shall be allowed to spit the\n\nbeverage into a cup for disposal. Employees may participate in\n\neducational tastings before, during, or after regular business hours\n\nunless otherwise prohibited by law. All licensees serving samples\n\nof beer shall ensure that all samples are poured only from original\n\nsealed packaging and any alcoholic beverages remaining in unsealed\n\npackaging used to provide samples, excluding spirits and wine, are\n\npoured out by the end of the day. No more than six bottles of\n\nalcoholic beverages may be unsealed at any given time during a\n\ntasting. All packaging containing samples of wine and spirits shall\n\nbe clearly marked as a sample and any unused portions of the sample\n\nof wine or spirits shall be resealed and retained by the wine and\n\nspirits wholesaler for use at the next tasting authorized in this\n\nparagraph. Wine and spirits wholesaler employees may transport any\n\nresealed samples of wine and spirits in their vehicles. Beer, wine,\n. All packaging containing samples of wine and spirits shall\n\nbe clearly marked as a sample and any unused portions of the sample\n\nof wine or spirits shall be resealed and retained by the wine and\n\nspirits wholesaler for use at the next tasting authorized in this\n\nparagraph. Wine and spirits wholesaler employees may transport any\n\nresealed samples of wine and spirits in their vehicles. Beer, wine,\n\nand spirits samples shall not be considered withdrawn from the\n\ninventory of the beer distributor or wine and spirits wholesaler for\n\npurposes of the collection of the excise tax on beer, wine, and\n\nspirits. Straw testing during operating hours shall be permitted.\n\nTastings offered to licensees by wine and spirits wholesalers and\n\nbeer distributors shall not be deemed discrimination or an\n\ninducement under Section 3-123 of this title. This paragraph shall\n\nnot apply to any person who works on the premises as an entertainer\n\nonly;\n\n2. Permit or tolerate any conduct or language which is intended\n\nto threaten another with physical harm or any fighting or offensive\n\nphysical contact, in or upon the licensed premises or areas just\n\noutside the licensed premises which are controlled by the licensee;\n\n3. Permit empty or discarded alcoholic beverage containers to\n\nbe in public view outside the licensed premises. All empty or\n\ndiscarded containers shall be disposed of in accordance with ABLE\n\nCommission rules and regulations;\n\n4. Permit any illegal gambling activity, violations of the\n\nstate narcotic and dangerous drug laws, prostitution activity or any\n\nother criminal conduct to occur on the licensed premises;\n\n5. Refuse or fail to promptly open a door to the licensed\n\npremises upon request of an employee of the ABLE Commission or any\n\nother peace officer to enter the premises when the licensee or\n\nemployee knows or should know that such request is made by an\n\nemployee of the ABLE Commission or a peace officer. This provision\n\nshall not be construed to deny employees of the ABLE Commission or\n\npeace officers access at any time to any licensed premises;\n\n6. Permit a sealed or unsealed container of alcoholic beverage\n\nto be removed from the licensed premises. Provided, that\n\nrestaurants, hotels and motels may permit the removal of closed\n\noriginal wine containers the contents of which have been partially\n\nconsumed and bottle clubs may permit the removal by a club member of\n\nclosed original containers of alcoholic beverages belonging to\n\nmembers. The provisions of this paragraph shall not be construed to\n\nprohibit or restrict:\n\na. hotels or motels who are holders of mixed beverage or\n\non-premises beer and wine licenses from allowing\n\nalcoholic beverages to be served away from the bar\n\narea anywhere on the licensed premises,\n\nb. licensees, who are lawfully operating in a facility or\n\non property owned or operated by any agency, political\n\nsubdivision or public trust of this state, from\n\nallowing persons to transport alcoholic beverages from\n\none licensed premises to another within the same\n\nbuilding or property, provided that the building or\n\nproperty or a part thereof is defined as a common\n\ndrinking area for consumption of alcohol by resolution\n\nof the governing body of the agency, political\n\nsubdivision or public trust of this state,\n\nc. licensees, who are licensed to operate in a facility\n\nor on property owned or operated by any agency,\n\npolitical subdivision or public trust of this state,\n\nfrom allowing other licensees to operate on their\n\nlicensed premises for events that are temporary in\n\nnature. In the event that multiple licensees are\n\noperating in a facility or on property owned or\n\noperated by any agency, political subdivision or\n\npublic trust of this state, each licensee shall be\n\nresponsible for violations occurring in their area\n\ndesignated to be their temporary licensed premises, or\n\nd. licensees, who are lawfully operating in a facility or\nfor events that are temporary in\n\nnature. In the event that multiple licensees are\n\noperating in a facility or on property owned or\n\noperated by any agency, political subdivision or\n\npublic trust of this state, each licensee shall be\n\nresponsible for violations occurring in their area\n\ndesignated to be their temporary licensed premises, or\n\nd. licensees, who are lawfully operating in a facility or\n\nproperty intended for multiple licensed premises\n\nwithin the facility and which also contains a common\n\nuse area, from allowing persons to transport alcoholic\n\nbeverages within the entire premises, which shall be\n\ndesignated by the ABLE Commission as a common drinking\n\narea for the consumption of alcoholic beverages.\n\nProvided further, the property owner and all licensees\n\nlicensed within the facility or property desiring the\n\nentire premises be designated a common drinking area\n\nshall notify the ABLE Commission in writing of their\n\nconsent prior to such area being designated a common\n\ndrinking area; or\n\n7. Destroy, damage, alter, remove or conceal potential\n\nevidence, or attempt to do so, or refuse to surrender evidence when\n\nlawfully requested to do so by an inspector, agent or any other\n\npeace officer or incite another person to do any of the above.","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":"3ab822ed37502706f9f3947bec4159cec5da698b4c96e0bd44b25468725d0b42","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-108","next":"us-ok/okla.-stat.-tit.-37a-37a-6-110"},"notice":"GroundRules: Original legal text. Not legal advice."}