Alcohol FAQ
We've compiled frequently asked questions regarding Oklahoma's alcohol laws and the updates to the laws that have occurred over the past few years. If you have a question that you don't feel was answered from the below FAQ section, please email Collin Graham, or call the ORA office and ask for Collin.
what do i need to know about house bill 2122, also known as the cocktails-to-go act?
House Bill 2122, went into effect August 25, 2021. The legislation allows for the establishments with Mixed Beverage Licenses to sell "cocktail, mixed drink or single served wine" in a "sealed container" for off-premises consumption.
- "Single-serve wine" limited to 7 oz
- "Cocktail" or "mixed drink" has no liquid amount defined in the statute
- NO "canned" cocktails
- Employees 21 or over must deliver
- No third party delivery services
What is a "sealed container" under the cocktails-to-go act?
According to the legislation, the container must be "tamper-evident and sealed." "Tamper Evident" means a lid or cap seals with a cover that will show if tampered (wax dip, heat-shrink wrap, etc). "Sealed Container" means a new rigid container with a secure lid or cap that must be removed to consume (No plastic, paper, styrofoam, or sipping/ straw holes).
IS it still lawful to purchase/sell 3.2% abw beer in oklahoma after september 30, 2018?
SQ792 did not abolish low-point beer, it simply repealed the constitutional provision that distinguished low-point beer from beer that contains more than 3.2% ABW. Effective October 1, 2018, all beer will fall under the jurisdiction of the ABLE Commission. Okla. Const. Art. 28A, §1, 37A O.S. §1-102(B), 37A O.S. §1-103(5).
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Are on-premises licenses required to collect the 13.5% gross RECEIPTS tax on all beer, even if it does not exceed 3.2% abw?
Effective October 1, 2018, all beer is considered taxable as a mixed beverage regardless of its ABW. Unless the Oklahoma Tax Commission determines otherwise, all beer sold after September 30th are considered mixed beverages for purposes of gross receipts tax collection. 37A O.S. §5-105(B)(1).
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what are the hours of sale for on-premises consumption?
On-premises licensees may sell alcoholic beverages from 8 a.m. to 2 a.m., Monday through Saturday. Counties still determine whether on-premises licensees may sell alcoholic beverages on Sunday and what hours those sales may occur. Okla. Const. Art. 28A, §3(C) and §6, 37A O.S. §3-124, 37A O.S. §3-125(B)(1).
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479505
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what are the hours of sale for (breweries), (liquor stores), (grocery/convenience stores)?
Small brewers may sell beer and wine from 10 a.m. to 2 a.m., Monday through Saturday, Package stores may sell beer, wine, and spirits, from 8 a.m. to Midnight, Monday through Saturday, and Grocery and Convenience Stores may sell beer and wine from 6 a.m. to 2 a.m., Sunday through Saturday. Small brewers and Package stores may sell on Sunday if approved by the county in which the licensed premises are located. 37A O.S. §2-102(D), 37A O.S. §3-113(C), 37A O.S. §6-103(A)(3).
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do all counties in oklahoma allow for sunday sales on alcoholic beverages?
On-premises Sunday sales may still be prohibited or restricted by voters on a county-by-county basis. Based on ABLE Commission data, 13 counties have restricted on-premises Sunday sales (Adair, Canadian, Carter, Custer, Grady, Mayes, Muskogee, Noble, Nowata, Ottawa, Stephens, Washington, Woods), while five counties prohibit on-premises Sunday sales altogether (Atoka, Haskell, Kingfisher, Seminole, Washita). Okla. Const. Art. 28A, §6, 37A O.S. §3-124, 37A O.S. §3-125(B)(1).
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479508
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are movie theaters allowed to sell ALCOHOLic beverages?
Yes, movie theaters are permitted to obtain a mixed beverage license, provided that if persons under 21 are permitted to enter the same movie theater, then those patrons wishing to consume alcoholic beverages must have their hand stamped or wear a special bracelet identifying them as persons 21 or over. 37A O.S. §2-110(2).
what is the PERCENTAGE of alcohol sales before being classified as a bar (21 to enter)?
A mixed beverage licensee must have a full kitchen on its premises, sell food items from full menu, and maintain gross sales on food of at least 35% per month in order to be designated as a Type-II establishment. 37A O.S. §6-114.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=480375
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can i apply for a liquor license if i have been convicted of a felony?
If otherwise qualified, a convicted felon may obtain an ABLE Employee license as long as the conviction occurred over five years ago and was not violent or ABLE-related offense. A violent crime includes (but is not limited to) murder, rape, assault, battery, robbery, burglary, pointing a firearm, arson, inciting a riot, possessing child pornography, lewd or indecent proposal of a child, extortion, or terrorism or terrorism hoax. 37A O.S. §2-148(D)(2), 57 O.S. §571(2).
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can i advertise "happy hour" on mixed beverage, beer, and wine?
On-premises licensees may offer happy hour specials, using all lawful means of advertising, on alcoholic beverages on certain hours and/or days of the week, provided those happy hour prices must remain at least six percent (6%) above the licensee’s cost for that drink. 37A O.S. §6-102(4)(b).
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who has to have an able employee license?
Any person who participates in the service, mixing, or sale of alcoholic beverages must obtain an ABLE Employee license. A manager of an on-premises licensee must also obtain an ABLE Employee license, whether or not the manager participates in the serving, mixing or sale of an alcoholic beverage. 37A O.S. §2-121.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479556
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how old do i have to be to get an able employee license?
A person must be at least 18 years of age to obtain an ABLE Employee license, but ABLE Employee licensees are prohibited from selling or serving alcoholic beverages in package stores, Type I mixed beverage establishments, or designated bar areas of Type II mixed beverage establishments until they are at least 21 years of age. 37A O.S. §2-121, 37A O.S. §6-102(2)(a).
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do i have to have any training to be eligible for an able employee license?
All applicants for an ABLE Employee license obtained after September 30, 2018, must complete server training within 14 days after receiving an ABLE Employee license. 37A O.S. §2-121.
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can i infuse alcohol at my bar/restaurant?
On-premises licensees may infuse alcoholic beverages provided the infused beverage is not aged more than 14 days, not sold more than 21 days after the aging process is complete, and not stored in a container larger than 5 gallons. The on-premises licensee must mix and store the infused beverage on the licensed premise, affix a label to the container setting forth the production date, destruction date, and base product used, and maintain for ABLE inspection reports on when the containers were cleaned. 37A O.S. §5-133(B).
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can i offer to-go drinks at a different price than on-premises drinks?
Yes, SB 269 authorizes someone selling wine, beer, or cocktails to-go to offer to-go drinks at a different price than on-premises premises drinks. Signed into law May 20, 2022.
