{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-114","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-114","heading":"Age restrictions for premises with a lounge or bar area","body":"for selling or distributing alcoholic beverages - Admission charge\n\nin determining purpose – Exceptions.\n\nA. 1. If the premises of a licensee of the ABLE Commission\n\ncontains a separate or enclosed lounge or bar area, which has as its\n\nmain purpose the sale or distribution of alcoholic beverages for on-\n\npremises consumption, notwithstanding that as an incidental service,\n\nmeals or short order foods are made available therein, no person\n\nunder twenty-one (21) years of age shall be admitted to such area,\n\nexcept for members of a musical band employed or hired as provided\n\nin paragraph 2 of Section 6-102 of this title when the band is to\n\nperform within such area, employees of a beer distributor or wine\n\nand spirits wholesaler who are at least eighteen (18) years of age\n\nand enter for the purpose of merchandising or delivering product to\n\nthe licensee in the normal course of business, or persons under\n\ntwenty-one (21) years of age who are on the licensed premises for\n\nthe limited purpose of performing maintenance, construction,\n\nremodeling, painting or other similar services relating to the\n\nbuilding or equipment installation, repair or maintenance on the\n\npremises during those hours when the licensed establishment is\n\nclosed for business. The provisions of this section shall not\n\nprohibit persons under twenty-one (21) years of age from being\n\nadmitted to an area which has as its main purpose some objective\n\nother than the sale or mixing or serving of alcoholic beverages, in\n\nwhich sales or serving of alcoholic beverages are incidental to the\n\nmain purpose, as long as the persons under twenty-one (21) years of\n\nage are not sold or served alcoholic beverages. The incidental\n\nservice of food in the bar area shall not exempt a licensee from the\n\nprovisions of this section. The ABLE Commission shall have the\n\nauthority to designate the portions of the premises of a licensee\n\nwhere persons under twenty-one (21) years of age shall not be\n\nadmitted pursuant to this section. When determining a licensee's\n\nmain purpose, a licensee that operates a full kitchen, sells food\n\nitems from a full menu, and has thirty-five percent (35%) or more of\n\nits monthly gross sales attributable to food items, shall have as\n\nits main purpose other than the sale of alcoholic beverages. The\n\nmain purpose of those mixed beverage establishments whose main\n\npurpose was other than the sale of alcoholic beverages prior to\n\nOctober 1, 2018, shall not automatically lose that designation upon\n\nthe elimination of low-point beer in the state. If the ABLE\n\nCommission wishes to change the mixed beverage establishments' main\n\npurpose designation, it shall be the burden of the ABLE Commission\n\nto prove by clear and convincing evidence that the mixed beverage\n\nestablishments no longer qualify for that designation.\n\n2. A new licensee that claims as its main purpose some\n\nobjective other than the sale of alcoholic beverages may be granted\n\na separate or enclosed lounge or bar area for a period of ninety\ntablishments' main\n\npurpose designation, it shall be the burden of the ABLE Commission\n\nto prove by clear and convincing evidence that the mixed beverage\n\nestablishments no longer qualify for that designation.\n\n2. A new licensee that claims as its main purpose some\n\nobjective other than the sale of alcoholic beverages may be granted\n\na separate or enclosed lounge or bar area for a period of ninety\n\n(90) days. At the end of that ninety-day period, the licensee shall\n\nhave the burden of showing that the business continues to qualify\n\nfor a separate or enclosed bar area. If the licensee fails to\n\nsatisfy this burden, then that licensee's main purpose shall\n\nautomatically convert to the sale of alcoholic beverages.\n\nB. Except as otherwise provided, an admission charge shall not\n\nbe considered in any calculation designed to determine the main\n\npurpose of an establishment pursuant to subsection A of this\n\nsection. As used in this section, \"admission charge\" means any form\n\nof consideration received by an establishment from a person in order\n\nfor that person to gain entrance into the establishment.\n\nC. The provisions of subsection B of this section shall not\n\napply:\n\n1. If only persons eighteen (18) years of age or older are\n\npermitted to enter the licensed premises; provided, if the licensee\n\nis claiming an exception from the requirements of subsection B of\n\nthis section pursuant to this paragraph and fails to restrict the\n\nentry by persons under age eighteen (18) into the licensed premises,\n\nthe ABLE Commission shall designate that only persons twenty-one\n\n(21) years of age or older are allowed on the licensed premises;\n\n2. If the licensed premises are owned or operated by a service\n\norganization or fraternal establishment which is exempt under\n\nSection 501(c)(19), (8), or (10) of the Internal Revenue Code; or\n\n3. To a public event held in a facility owned or operated by\n\nany agency, political subdivision or public trust of this state.\n\nD. The ABLE Commission shall promulgate rules necessary to\n\nimplement the provisions of this section.","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":"8ddb66e0db354a54de5eeeabb78590af141fc9dd14ee2dbeab837cf882023107","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-113","next":"us-ok/okla.-stat.-tit.-37a-37a-6-115"},"notice":"GroundRules: Original legal text. Not legal advice."}
