A. Except as otherwise provided in this section, the licenses issued by the ABLE Commission, and the annual fees therefor, shall be as follows:
1. Brewer License$1,250.00
2. Small Brewer License$125.00
3. Distiller License$3,125.00
4. Winemaker License$625.00
5. Small Farm Winery License$75.00
6. Rectifier License$3,125.00
7. Wine and Spirits Wholesaler License$3,000.00
8. Beer Distributor License$750.00
9. The following retail spirits license fees shall be determined by the latest Federal Decennial Census:
a.Retail Spirits License for cities and towns from 200 to 2,500 population$305.00
b.Retail Spirits License for cities and towns from 2,501 to 5,000 population$605.00
c.Retail Spirits License for cities and towns over 5,000 population$905.00
10. Retail Wine License$1,000.00
11. Retail Beer License$500.00
12. Mixed Beverage License$1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License$1,250.00
14. On-Premises Beer and Wine License$500.00
(initial license)
$450.00
(renewal)
15. Bottle Club License$1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License$1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License$55.00
18. Quarterly Special Event License$55.00
19. Hotel Beverage License$1,005.00
(initial license)
$905.00
(renewal)
(initial license)
$905.00
(renewal)
21. Agent License$55.00
22. Employee License$30.00
23. Industrial License$23.00
24. Carrier License$23.00
25. Private Carrier License$23.00
26. Bonded Warehouse License$190.00
27. Storage License$23.00
28. Nonresident Seller License $750.00
29. Manufacturer License:
a.50 cases or less sold in Oklahoma in last calendar year$50.00
b.51 to 500 cases sold in Oklahoma in last calendar year$75.00
c.501 cases or more sold in Oklahoma in last calendar year$150.00
30. Manufacturer's Agent License$55.00
31. Sacramental Wine Supplier License$100.00
32. Charitable Auction License$1.00
33. Charitable Alcoholic Beverage License$55.00
34. Winemaker Self-Distribution License$750.00
35. Annual Public Event License$1,005.00
36. One-Time Public Event License$255.00
37. Small Brewer Self-Distribution License$750.00
38. Brewpub License$1,005.00
39. Brewpub Self-Distribution License$750.00
40. Complimentary Beverage License$75.00
41. Satellite Tasting Room License$100.00
B. 1. There shall be added to the initial or renewal fees for a Mixed Beverage License an administrative fee, which shall not be deemed to be a license fee, in the amount of Five Hundred Dollars ($500.00), which shall be paid at the same time and in the same manner as the license fees prescribed by paragraph 12 of subsection A of this section; provided, this fee shall not be assessed against service organizations or fraternal beneficiary societies which are exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue Code.
2. There shall be added to the fee for a Mixed Beverage/Caterer Combination License an administrative fee, which shall not be deemed to be a license fee, in the amount of Two Hundred Fifty Dollars ($250.00), which shall be paid at the same time and in the same manner as the license fee prescribed by paragraph 13 of subsection A of this section.
C. Notwithstanding the provisions of subsection A of this section:
1. The license fee for a mixed beverage or bottle club license for those service organizations or fraternal beneficiary societies which are exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue Code shall be Five Hundred Dollars ($500.00) per year; and
2. The renewal fee for an airline/railroad/commercial passenger vessel beverage license held by a railroad described in 49 U.S.C., Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on-premises beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid for one (1) year from date of issuance unless revoked or surrendered. Provided, all employee licenses shall be valid for two (2) years.
F. The holder of a license, issued by the ABLE Commission, for a bottle club located in a county of this state where the sale of alcoholic beverages by the individual drink for on-premises consumption has been authorized, may exchange the bottle club license for a mixed beverage license or an on-premises beer and wine license and operate the licensed premises as a mixed beverage establishment or an on-premises beer and wine establishment subject to the provisions of the Oklahoma Alcoholic Beverage Control Act. There shall be no additional fee for such exchange and the mixed beverage license or on-premises beer and wine license issued shall expire one (1) year from the date of issuance of the original bottle club license.
G. In addition to the applicable licensing fee, the following surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License$2,500.00
2. Manufacturer License:
a.50 cases or less sold in Oklahoma in last calendar year$100.00
b.51 to 500 cases sold in Oklahoma in last calendar year$225.00
c.501 cases or more sold in Oklahoma in last calendar year$450.00
3. Wine and Spirits Wholesaler License$2,500.00
4. Beer Distributor$1,000.00
5. Retail Spirits License for cities and towns over 5,000 population$250.00
6. Retail Spirits License for cities and towns from 2,501 to 5,000 population$200.00
7. Retail Spirits License for cities and towns from 200 to 2,500 population$150.00
8. Retail Wine License$250.00
9. Retail Beer License$250.00
10. Mixed Beverage License$25.00
11. Mixed Beverage/Caterer Combination License$25.00
12. Caterer License$25.00
13. On-Premises Beer and Wine License$25.00
14. Annual Public Event License$25.00
15. Small Farm Winery License$25.00
16. Small Brewer License$35.00
17. Complimentary Beverage License$25.00
The surcharge shall be paid concurrent with the licensee's annual licensing fee and, in addition to Five Dollars ($5.00) of the employee license fee, shall be deposited in the Alcoholic Beverage Governance Revolving Fund established pursuant to Section 5-128 of this title.
H. Any license issued by the ABLE Commission under this title may be relied upon by other licensees as a valid license, and no other licensee shall have any obligation to independently determine the validity of such license or be held liable solely as a consequence of another licensee's failure to maintain a valid license.
Added by Laws 2016, c. 366, § 13, eff. Oct. 1, 2018. Amended by Laws 2017, c. 364, § 10, eff. Oct. 1, 2018; Laws 2018, c. 312, § 2, eff. Oct. 1, 2018; Laws 2019, c. 102, § 1, eff. Nov. 1, 2019; Laws 2019, c. 185, § 2, eff. July 1, 2019; Laws 2020, c. 161, § 9, emerg. eff. May 21, 2020; Laws 2021, c. 194, § 1, eff. July 1, 2021.
NOTE: Laws 2019, c. 420, § 2 repealed by Laws 2020, c. 161, § 10, emerg. eff. May 21, 2020.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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.