{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-6-130.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-6-130.1","heading":"Actions of employees not attributable to a licensed","body":"establishment — Affirmative defense.\n\nA. Certain actions of an employee are not attributable to an\n\nestablishment licensed by the Alcoholic Beverage Laws Enforcement\n\n(ABLE) Commission and shall be an affirmative defense to such\n\nliability when such licensed establishment receives a notice of\n\nviolation for certain actions of an employee.\n\nB. The following actions of an employee of a licensed\n\nestablishment are not attributable to the licensed establishment:\n\n1. The selling, furnishing, or giving of an alcoholic beverage\n\nto:\n\na. a person who is insane or mentally deficient,\n\nb. a minor, or\n\nc. an intoxicated person; or\n\n2. Allowing the consumption of an alcoholic beverage by:\n\na. a person who is insane or mentally deficient,\n\nb. a minor, or\n\nc. an intoxicated person.\n\nC. A licensed establishment may assert the affirmative defense\n\nif the licensed establishment:\n\n1. Required all employees to maintain a currently valid\n\nemployee license from the ABLE Commission;\n\n2. Required each employee to present a seller-server training\n\ncertificate within fourteen (14) days of his or her initial\n\nemployment date, unless the employee is deemed exempt by an existing\n\nstatute and required each employee to attend a seller-server\n\ntraining course every two (2) years upon renewal of the employee\n\nlicense and attend a seller-server training course every two (2)\n\nyears after the initial employment date, unless an employee is\n\nexempt pursuant to Section 2-121 of Title 37A of the Oklahoma\n\nStatutes;\n\n3. Adopted written policies and procedures which prohibit:\n\na. the sale, service, dispensation, or delivery of an\n\nalcoholic beverage to:\n\n(1) a person who is insane or mentally deficient,\n\n(2) a minor, or\n\n(3) an intoxicated person, or\n\nb. the employee from allowing consumption of an alcoholic\n\nbeverage by:\n\n(1) a person who is insane or mentally deficient,\n\n(2) a minor, or\n\n(3) an intoxicated person; and\n\n4. Ensured that all employees have read and understood the\n\nrequired policies as provided in paragraph 3 of this subsection by\n\nhaving an acknowledgment of understanding by the employee in\n\nwriting. Such acknowledgment shall be kept for record by the\n\nlicensed establishment for at least one (1) year after the date the\n\nemployee was terminated.\n\nD. A licensed establishment asserting the affirmative defense\n\nunder this act shall provide to the ABLE Commission, not later than\n\nten (10) days after receipt of an administrative notice of\n\nviolation, an affidavit indicating that the licensed establishment\n\nwas in compliance with the requirements of this act at the time of\n\nthe violation for which the administrative notice was issued, which\n\nshall include a copy of the valid employee license held by the\n\nemployee who committed the alleged violation, a copy of the current\n\ntraining certificate held by that employee, and a signed copy of\n\nacknowledgment of receipt of policies by the employee. At a hearing\n\nin which the licensed establishment asserts the affirmative defense\n\ncreated by this act, the licensed establishment may be required to\n\npresent additional evidence to support such defense.\n\nE. When an employee does not possess a currently valid employee\n\nlicense from the ABLE Commission, the action of the employee shall\n\nbe attributable to the licensed establishment.\n\nF. Proof by the ABLE Commission that an employee performed an\n\naction described in this act on three or more occasions within a\n\ntwelve-month period shall create a rebuttable presumption that a\n\nlicensed establishment has indirectly encouraged a violation of the\n\nlaw pursuant to this act. The rebuttable presumption is created\n\nregardless of whether the employee performing the action described\n\nin this subsection on a second or subsequent occasion is the same\n\nemployee who performed the initial action. Proof of violation shall\n\nbe demonstrated by:\n- Title 37a. Alcoholic Beverages Page 207\n\nlicensed establishment has indirectly encouraged a violation of the\n\nlaw pursuant to this act. The rebuttable presumption is created\n\nregardless of whether the employee performing the action described\n\nin this subsection on a second or subsequent occasion is the same\n\nemployee who performed the initial action. Proof of violation shall\n\nbe demonstrated by:\n\n1. Producing final orders issued by the ABLE Commission or a\n\ncourt of competent jurisdiction finding that the licensed\n\nestablishment violated this act on two previous occasions; and\n\n2. Establishing a prima facie case that an employee of the\n\nlicensed establishment violated this act on a third or subsequent\n\noccasion.\n\nG. Proof of violation of this act shall be for the same type of\n\noffense and shall have occurred within a twelve-month period, as\n\ncalculated from the dates the incidents occurred.\n\nH. At a hearing in which the licensed establishment asserts the\n\naffirmative defense established in this act, the ABLE Commission may\n\npresent evidence to establish a rebuttable presumption under this\n\nact. If the evidence is sufficient to establish a prima facie case,\n\nthe burden of persuasion in the proceeding shifts to the licensed\n\nestablishment to show that it has not indirectly encouraged a\n\nviolation of the law within the meaning of this act.\n\nI. Nothing in this act shall be construed to establish\n\nexclusive means by which the ABLE Commission may establish that a\n\nlicensed establishment has indirectly encouraged a violation of this\n\nact.","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":"f3d471c098ab4b889a332509ea71049e1e3fdbae5a79dddb9292804fb9ae6aaf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-6-130","next":"us-ok/okla.-stat.-tit.-37a-37a-7-101"},"notice":"GroundRules: Original legal text. Not legal advice."}