A. Except as otherwise provided in the Oklahoma Wildlife Conservation Code, no person shall fish, pursue, harass, catch, kill, take in any manner, use, have in possession, sell, or transport all or any portion of fish without having first procured a license for such from the Director or from any of the authorized agents of the Department of Wildlife Conservation. The Wildlife Conservation Commission may designate two (2) days per year in which residents and nonresidents may fish without first procuring a fishing license pursuant to the provisions of this section.
B. The following legal residents of Oklahoma shall be exempt from the annual fishing license requirements of subsection C of this section and the following nonresidents shall be exempt from the annual nonresident fishing licenses required pursuant to subsection E of this section:
1. Legal residents under sixteen (16) years of age and nonresidents under sixteen (16) years of age from states which do not require nonresident fishing licenses for persons under sixteen (16) years of age;
2. Legal residents sixty-five (65) years of age or older and nonresidents sixty-five (65) years of age or older from states which do not require nonresident fishing licenses for persons sixty-five (65) years of age or older, provided a legal resident has obtained a senior citizen lifetime fishing or combination hunting and fishing license pursuant to the provisions of Section 4-114 of this title;
3. Legal residents born on or before January 1, 1923;
4. Legal resident veterans having a disability of sixty percent (60%) or more and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received an exemption pursuant to this paragraph, no registration with the veterans registry shall be required. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of this paragraph;
5. Legal resident owners or tenants, their spouses, parents, grandparents, children and their spouses, grandchildren and their spouses who fish in private ponds on land owned or leased by them;
6. Any legal resident or nonresident who is a patient of an institution of the State of Oklahoma established for the care and treatment of mental illness or alcohol or drug dependency or any developmentally disabled person residing in any group home or other institution or developmentally disabled persons when accompanied by an attendant of the institution or legal guardian of the patient, or when fishing on institutional property;
7. Any legal resident or nonresident under eighteen (18) years of age who is in the legal and physical custody of the State of Oklahoma or one of its agencies by court order;
8. Any legal resident or nonresident under eighteen (18) years of age who is in the physical custody of a child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes;
9. Any legal resident or nonresident who is legally blind or who has any other physical impairment, as certified by a physician licensed in this state or any state which borders this state, which prevents the person from properly using fishing apparatus without the assistance of another person, and any one person actually accompanying and actually assisting such legally blind or otherwise physically impaired person while the latter is fishing. This certification shall be carried by the individual while fishing;
10. Nonresidents under fourteen (14) years of age;
11. Any legal resident or nonresident who is a Job Corps trainee of this state, provided that the trainees shall have on their persons a duly authorized identification card issued by their respective Job Corps Center and shall present the card upon request, in lieu of a fishing license. The trainees shall return their cards to their respective Job Corps Center when the trainees leave their respective Job Corps training programs;
12. Any legal resident having a proven disability which renders the resident nonambulatory and confined to a wheelchair as certified by a physician licensed in this state or any state which borders this state;
13. Any legal resident who is fishing with a pole and line, trotline, or throwline in streams, natural lakes, natural ponds, and mine pits in the county in which the person is a resident, or in streams, natural lakes, natural ponds, and mine pits which form a part of the boundary line of the county in which the person is a resident, when using any bait other than commercial or artificial bait, blood, stink bait, cut fish, and shrimp; and
14. Any legal resident or nonresident participating in an aquatic education event or clinic sanctioned by the Department of Wildlife Conservation.
C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the resident fishing licenses issued pursuant to the provisions of this section and the fee for each shall be:
1. Annual fishing license for legal residents eighteen (18) years of age and older - Twenty-four Dollars ($24.00);
2. Annual fishing license for legal residents sixteen (16) or seventeen (17) years of age - Four Dollars ($4.00); and
3. Two-day fishing license for legal residents - Fourteen Dollars ($14.00).
D. Of the fees collected pursuant to the provisions of paragraphs 1 and 3 of subsection C of this section, Five Dollars ($5.00) of the license fee shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife Land Fund created pursuant to the provisions of Section 4-141 of this title.
E. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident fishing licenses issued pursuant to the provisions of this section and the fee for each shall be:
1. Annual fishing license for nonresidents - Fifty-four Dollars ($54.00), provided the Commission may enter into reciprocity agreements with states wherein nonresident license fees shall be in conformity with such reciprocal agreements;
2. Six-day fishing license for nonresidents – Thirty-four Dollars ($34.00); and
3. One-day fishing license for nonresidents - Fourteen Dollars ($14.00).
F. Of the fees collected pursuant to the provisions of paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars ($5.00) of the annual license fee for nonresidents, One Dollar and fifty cents ($1.50) of the six-day fishing license for nonresidents fee and One Dollar and fifty cents ($1.50) of the one-day fishing license for nonresidents fee shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provisions of Section 4-132 of this title. Of the fees collected pursuant to the provisions of paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars ($5.00) of the license fee shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife Land Fund created pursuant to the provisions of Section 4-141 of this title.
G. Legal residents who have resided in this state for at least six (6) months and who are receiving Social Security Disability benefits, Supplemental Security Income benefits, disability benefits under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, postal employees receiving disability benefits pursuant to 5 U.S.C., Section 8451 (1998) or legal residents who are one hundred percent (100%) disabled and are receiving disability payments from the Multiple Injury Trust Fund pursuant to Section 403 of Title 85 of the Oklahoma Statutes, may purchase a disability fishing license from the Director for Ten Dollars ($10.00) for five (5) years.
H. 1. Any person arrested while violating the provisions of this section who does not meet the requirements of subsection K of this section, may purchase a substitute temporary thirty-day license from the arresting game warden in lieu of posting bond. The fee for a substitute license purchased pursuant to the provisions of this subsection shall be:
2. Except as otherwise provided by this subsection, the fees from licenses purchased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conservation Fund to be used exclusively for developing, managing, preserving, and protecting wildlife and wildlife habitat.
I. Unless a substitute license is purchased as provided for by subsection H of this section, any resident of this state convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both said fine and imprisonment.
J. Unless a substitute license is purchased as provided for by subsection H of this section, any nonresident convicted of violating this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail for a period not more than thirty (30) days, or by both such fine and imprisonment.
K. Any person producing proof in court that a current fishing license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be entitled to dismissal of a charge of violating this section upon payment of court costs. If proof of a current fishing license issued by the Department to the person that was in force at the time of the alleged offense is presented to the court or district attorney within seventy-two (72) hours after the violation, the charge shall be dismissed without payment of court costs.
Added by Laws 1974, c. 17, § 4-110, emerg. eff. April 8, 1974. Amended by Laws 1975, c. 238, § 1, eff. Jan. 1, 1976; Laws 1976, c. 25, § 1; Laws 1977, c. 45, § 1; Laws 1978, c. 186, § 1, eff. Oct. 1, 1978; Laws 1981, c. 195, § 1, eff. Jan. 1, 1982; Laws 1982, c. 154, § 1, eff. Jan. 1, 1983; Laws 1984, c. 62, § 1, emerg. eff. March 29, 1984; Laws 1984, c. 136, § 1, eff. Jan. 1, 1985; Laws 1985, c. 91, § 5, eff. Jan. 1, 1986; Laws 1986, c. 124, § 1, eff. Jan. 1, 1987; Laws 1987, c. 100, § 1, operative Jan. 1, 1988; Laws 1988, c. 120, § 1, eff. Jan. 1, 1989; Laws 1988, c. 283, § 21, operative July 1, 1988; Laws 1991, c. 182, § 22, eff. Sept. 1, 1991; Laws 1993, c. 141, § 1, eff. Sept. 1, 1993; Laws 1993, c. 214, § 3, eff. Sept. 1, 1993; Laws 1994, c. 372, § 1, eff. Jan. 1, 1995; Laws 1995, c. 1, § 9, emerg. eff. March 2, 1995; Laws 1995, c. 155, § 1, emerg. eff. May 2, 1995; Laws 1996, c. 167, § 3, eff. Nov. 1, 1996; Laws 1998, c. 212, § 1, eff. Nov. 1, 1998; Laws 1999, c. 65, § 1; Laws 2002, c. 70, § 1, emerg. eff. April 15, 2002; Laws 2003, c. 160, § 1, eff. July 1, 2003; Laws 2003, c. 287, § 2, eff. July 1, 2003; Laws 2005, c. 382, § 1, emerg. eff. June 6, 2005; Laws 2006, c. 16, § 10, emerg. eff. March 29, 2006; Laws 2009, c. 123, § 1, eff. July 1, 2009; Laws 2010, c. 317, § 3, eff. Jan. 1, 2011; Laws 2013, c. 286, § 1, eff. Nov. 1, 2013; Laws 2017, c. 229, § 2, eff. Nov. 1, 2020.
NOTE: Laws 1991, c. 108, § 1 and Laws 1991, c. 109, § 1 repealed by Laws 1991, c. 182, § 68, eff. Sept. 1, 1991. Laws 1994, c. 318, § 7 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2005, c. 214, § 2 repealed by Laws 2006, c. 16, § 11, emerg. eff. March 29, 2006.
Structure Oklahoma Statutes
§37A-1-101. Short title - Oklahoma Alcoholic Beverage Control Act.
§37A-1-102. Policy and scope of act.
§37A-1-104. Creation and purpose of ABLE Commission - Members - Interim licenses.
§37A-1-105. Commission member qualifications – Organization.
§37A-1-106. Exercise of police power.
§37A-1-107. Commission powers and duties.
§37A-1-108. Commission Director - Powers and duties.
§37A-1-109. Powers and authority of peace officers.
§37A-1-110. Restrictions on Commission members and employees – Penalties.
§37A-1-112. Good standing with Oklahoma Tax Commission required.
§37A-2-101. Annual license fees - Administrative fees.
§37A-2-102. See the following versions:
§37A-2-102.1. Charitable Collaboration Brewer License.
§37A-2-102v1. Brewer license - Small brewer license - Small brewer self-distribution license.
§37A-2-102v2. Brewer license - Small brewer license - Small brewer self-distribution license.
§37A-2-103. Distiller license.
§37A-2-104. Winemaker license.
§37A-2-105. Winemaker self-distribution license.
§37A-2-106. Rectifier license.
§37A-2-107. Wine and spirits wholesaler license.
§37A-2-108. Beer distributor license.
§37A-2-109. Retail spirits license - Retail wine license - Retail beer license.
§37A-2-110. See the following versions:
§37A-2-110v1. Mixed beverage license.
§37A-2-110v2. Mixed beverage license.
§37A-2-111. Bottle club license.
§37A-2-113. Caterer license - Rules and restrictions.
§37A-2-114. Special event license - Public event licenses.
§37A-2-115. Special event licenses - Rules and restrictions.
§37A-2-116. Hotel beverage license.
§37A-2-117. Hotel beverage license - Rules and restrictions.
§37A-2-118. Airline/railroad/commercial passenger vessel beverage license.
§37A-2-119. Airline/railroad/commercial passenger vessel beverage license - Qualifying licensee.
§37A-2-120. Wholesaler's agent license.
§37A-2-122. Industrial license.
§37A-2-124. Private carrier license.
§37A-2-125. Bonded warehouse license.
§37A-2-127. Sacramental wine supplier license.
§37A-2-128. On-premises beer and wine license.
§37A-2-129. Charitable auction or charitable alcoholic beverage event license.
§37A-2-130. Mixed beverage/caterer combination license.
§37A-2-131. Small farm winery license.
§37A-2-132. Brewpub license - Brewpub self-distribution license.
§37A-2-134. Additional hours license.
§37A-2-135. Manufacturer's license - Nonresident seller license.
§37A-2-136. Manufacturer's agent license.
§37A-2-137. Restriction against additional licenses or permits outside of this Act.
§37A-2-140. Personal use permit.
§37A-2-141. Applicants for certain licenses to publish a notice of intention to apply.
§37A-2-142. Information to be furnished by license applicants.
§37A-2-143. Information to be furnished by corporate applicants.
§37A-2-143.1. Promulgation of rules for employee license payment plans.
§37A-2-144. Information to be furnished by limited liability company applicants.
§37A-2-145. Eligibility of persons pardoned for a felony.
§37A-2-148. Grounds to revoke or suspend licenses.
§37A-2-149. Written notice of denial, suspension or revocation of licenses.
§37A-2-150. Hearing for aggrieved person.
§37A-2-151. Commission authority to conduct initial hearing.
§37A-2-152. Appeal from order of Commission - District court appeal - Supreme Court appeal.
§37A-2-154. Display of license.
§37A-2-158. Suspension of licenses by Governor in cases of natural disaster or civil disturbance.
§37A-2-159. Complimentary beverage license.
§37A-2-160. Satellite tasting room license.
§37A-2-161. Curbside pickup and delivery.
§37A-3-102. Commission authority to promulgate rules.
§37A-3-105. Wineries - Shipping to other states - Monthly report of shipments.
§37A-3-106. Direct Wine Shipper's Permit – Requirements.
§37A-3-107. Scope of statutory regulation for sales and distribution of designated brands of beer.
§37A-3-110. Licensed beer distributor - Sales and distribution restrictions.
§37A-3-112. Operation and maintenance conditions for brew pubs.
§37A-3-113. Small brewers - Sales to licensed distributors or retailers - Direct sales to consumers.
§37A-3-114. Resale of beer restrictions for retailers - Violations – Penalties.
§37A-3-115. Withdrawal of beer from retailer's stock.
§37A-3-116.1. Manufacturers without a designated wholesaler - Posting requirements.
§37A-3-116.2. Designated wholesalers or beer distributors - Posting requirements.
§37A-3-116.3. Wholesalers - Electronic publishing of price catalog.
§37A-3-116.4. Top brand products – Offered to all wholesalers without discrimination.
§37A-3-117. Sale of alcoholic beverages packaged with nonalcoholic promotional items.
§37A-3-118. Retail sales of alcoholic beverages - Minimum price markup – Exceptions.
§37A-3-122. Business interests in interactive entertainment facilities.
§37A-3-126. Bottle clubs - Restrictions on hours to dispense, serve or consume alcoholic beverages.
§37A-4-101. Municipal authority to enact ordinances.
§37A-4-103. Municipal zoning authority.
§37A-4-104. Municipal occupational tax.
§37A-4-105. County occupational tax.
§37A-4-106. Enforcement of the Oklahoma Alcoholic Beverage Control Act.
§37A-5-101. Excise tax on alcoholic beverages.
§37A-5-102. Intent of excise tax.
§37A-5-103. Excise tax exemptions.
§37A-5-104. Distribution of excise tax revenue.
§37A-5-106. Gross receipt tax revenue - General Revenue Fund.
§37A-5-107. Mixed beverage tax permit - Violations – Penalties.
§37A-5-109. Credit or refund for money paid for stamps.
§37A-5-112. Distributor permit - Wholesaler permit - Permit applications.
§37A-5-116. Hearing to determine whether taxes are unpaid - Order to confiscate and forfeit.
§37A-5-117. Sale of forfeited alcoholic beverage.
§37A-5-119. Alcoholic beverages other than beer - Sealed cases required.
§37A-5-120. Licensees required to keep books and records.
§37A-5-122. Manufacturer and brewer subject to licensing - Monthly itemized and verified report.
§37A-5-124. Bond required for manufacturers, brewers, importers, brokers and others.
§37A-5-127. County excise boards - Yearly revenue estimates.
§37A-5-128. Alcoholic Beverage Control Fund - Alcoholic Beverage Governance Revolving Fund.
§37A-5-129. Oklahoma Viticulture and Enology Center Development Revolving Fund.
§37A-5-130. Authority to promulgate rules on labeling of alcoholic beverages.
§37A-5-131. Alcoholic beverage not labeled in conformity with rules.
§37A-5-132. Brand label required - Application for registration of brand label - Form – Fees.
§37A-5-133. Refilling of containers prohibited - Infused drinks requirements.
§37A-5-136. Tax discount for mixed beverage tax permit holders.
§37A-6-101. Prohibited acts - Violations – Penalties.
§37A-6-102. Prohibited acts of licensees.
§37A-6-102.1. Serving of tasting flights.
§37A-6-103. Prohibited acts of retail spirits licensees.
§37A-6-104. Prohibited acts of wholesaler licensees.
§37A-6-106. Prohibited acts of bottle club licensees.
§37A-6-107. Prohibited acts of special event or caterer licensees.
§37A-6-108. Prohibited acts of holders of retail wine or retail beer licenses.
§37A-6-111. Authority to remove persons while making arrests.
§37A-6-113. Unlawful to possess alcoholic beverages with intent to sell without procuring a license.
§37A-6-116. False or fraudulent return in connection with any tax imposed by Act – Penalties.
§37A-6-118. Unlawful selling, delivering, possessing and buying alcoholic beverages – Penalties.
§37A-6-120. Selling, furnishing or giving alcoholic beverages to persons under 21 - Penalties.
§37A-6-122. Payment of federal tax for liquor dealers prima facie evidence.
§37A-6-123. Selling alcoholic beverages during unauthorized day or hours – Penalties.
§37A-6-124. Permitting a person to be drunk or intoxicated on licensed premises – Penalties.
§37A-6-125. Violations of Act with no specific penalty – Penalties.
§37A-6-127. Purpose of issuing search warrants – Forfeiture.
§37A-6-128. Order to show cause for witnesses before Commission – Penalties.
§37A-6-129. Powdered alcohol - Unlawful use, purchase, sale or possession.
§37A-7-101. Short title - Oklahoma Cocktails To Go Act of 2021.
§37A-7-104. Third-party delivery services not permitted .
§37A-7-105. Delivery or carry out not permitted in certain situations.