{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-229.22","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-229.22","heading":"Enforcement of Act by ABLE Commission","body":"A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission is\n\nauthorized and empowered to enforce the provisions of Section 1-\n\n229.11 et seq. of this title. The ABLE Commission shall enforce\n\nthose provisions in a manner that can reasonably be expected to\n\nreduce the extent to which tobacco products, nicotine products or\n\nvapor products are sold or distributed to persons under twenty-one\n\n(21) years of age.\n\nB. The ABLE Commission may consider mitigating or aggravating\n\ncircumstances involved with the violation of the Prevention of Youth\n\nAccess to Tobacco Act when assessing penalties.\n\nC. Any conviction for a violation of a municipal ordinance\n\nauthorized by the Prevention of Youth Access to Tobacco Act and any\n\ncompliance checks by a municipal police officer or a county sheriff\n\npursuant to subsection E of this section shall be reported in\n\nwriting to the ABLE Commission within thirty (30) days of such\n\nconviction or compliance check. Such reports shall be compiled in\n\nthe manner prescribed by the ABLE Commission.\n\nD. For the purpose of determining second or subsequent\n\nviolations, both the offenses penalized by the ABLE Commission as\n\nadministrative fines and the offenses penalized by municipalities\n\nand towns and reported to the ABLE Commission, shall be considered\n\ntogether in such determination.\n\nE. Persons under twenty-one (21) years of age may be enlisted\n\nby the ABLE Commission, a municipality or town, or a county to\n\nassist in compliance checks and enforcement; provided, such persons\n\nmay be used to test compliance only if written parental consent has\n\nbeen provided and the testing is conducted under the direct\n\nsupervision of the ABLE Commission or conducted by another law\n\nenforcement agency if such agency has given written notice to the\n\nABLE Commission in the manner prescribed by the ABLE Commission.\n\nMunicipalities which have enacted municipal ordinances in accordance\n\nwith the Prevention of Youth Access to Tobacco Act may conduct,\n\npursuant to rules of the ABLE Commission, compliance checks without\n\nprior notification to the ABLE Commission and shall be exempt from\n\nthe written notice requirement in this subsection. This subsection\n\nshall not apply to the use of persons under twenty-one (21) years of\n\nage to test compliance if the compliance test is being conducted by\n\nor on behalf of a retailer of cigarettes, as defined in Section 301\n\nof Title 68 of the Oklahoma Statutes, at any location the retailer\n\nof cigarettes is authorized to sell cigarettes. Any other use of\n\npersons under twenty-one (21) years of age to test compliance shall\n\nbe unlawful and punishable by the ABLE Commission by assessment of\n\nan administrative fine of One Hundred Dollars ($100.00).\n\nF. At the beginning of each month, the Oklahoma Tax Commission,\n\npursuant to Section 205 of Title 68 of the Oklahoma Statutes, shall\n\nprovide to the ABLE Commission and to each municipality which has\n\nordinances concerning the Prevention of Youth Access to Tobacco Act,\n\nthe location, name, and address of each licensee licensed to sell\n\ntobacco products, nicotine products or vapor products at retail or\n\notherwise furnish tobacco products, nicotine products or vapor\n\nproducts. Upon violation of an employee at a location, the ABLE\n\nCommission shall notify the storeowner for that location of the\n\nlatest and all previous violations when one of their employees has\n\nbeen determined to be in violation of the Prevention of Youth Access\n\nto Tobacco Act by the ABLE Commission or convicted of a violation by\n\na municipality. If the ABLE Commission fails to notify the licensee\n\nof a violation by an employee, that violation shall not apply\n\nagainst the licensee for the purpose of determining a license\n\nsuspension pursuant to Section 1-229.13 of this title. For purposes\n\nof this subsection, notification shall be deemed given if the ABLE\n\nCommission mails, by mail with delivery confirmation, the\nlation by\n\na municipality. If the ABLE Commission fails to notify the licensee\n\nof a violation by an employee, that violation shall not apply\n\nagainst the licensee for the purpose of determining a license\n\nsuspension pursuant to Section 1-229.13 of this title. For purposes\n\nof this subsection, notification shall be deemed given if the ABLE\n\nCommission mails, by mail with delivery confirmation, the\n\nnotification to the address which is on file with the Oklahoma Tax\n\nCommission of the licensee or sales tax permit holder of the\n\nlocation at which the violation occurred and the ABLE Commission\n\nreceives delivery confirmation from the U.S. Postal Service.\n\nG. Upon request of a storeowner or a municipality which has\n\nenacted ordinances in accordance with the Prevention of Youth Access\n\nto Tobacco Act, the ABLE Commission is hereby authorized to provide\n\ninformation on any Prevention of Youth Access to Tobacco Act offense\n\nof any applicant for employment or employee of the storeowner.\n\nH. The ABLE Commission shall prepare for submission annually to\n\nthe Secretary of the United States Department of Health and Human\n\nServices the report required by Section 1926 of the federal Public\n\nHealth Service Act (42 U.S.C. 300-26), and otherwise shall be\n\nresponsible for ensuring the state's compliance with that provision\n\nof federal law and any implementing of regulations promulgated by\n\nthe United States Department of Health and Human Services.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"46970ff35d5d80cd78b6b76a39daf1b7afce713eb8d8882fcc15e2da0354b589","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-229.21","next":"us-ok/okla.-stat.-tit.-63-63-1-229.23"},"notice":"GroundRules: Original legal text. Not legal advice."}