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.
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).
SQ792 did not abolish low-point beer, it simply repealed the constitutional provision that distinguished low-point beer from beer that contains more than 3.2% ABW.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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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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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).
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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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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).
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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).
The legal age to obtain an ABLE Employee license remains 18 years of age. However, you must still be 21 or older to pour alcoholic beverages in a Type II Establishment, work in a Type I Establishment, or a Package Store. ABLE classifies those Mixed Beverage licensees whose primary purpose is the sale of alcoholic beverages to be a Type I Establishment, whereas all other Mixed Beverage licensees (those whose primary purpose is something other than the sale of alcoholic beverages) are considered by ABLE as Type II Establishments. 37A O.S. §2-121.
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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.
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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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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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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.
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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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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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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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Founded in 1933, the Oklahoma Restaurant Association is recognized as one of the largest and most effective organizations in Oklahoma. The ORA exists for the purpose of helping its 4,500 (and growing!) members through constant monitoring of regulatory and legislative issues, member services including valuable training and money saving products and services, educational and networking events, and the state's largest trade show. As we grow to meet the needs of our members in this changing industry, the ORA will continue to fulfill and maintain the visions of the original founders. We will be the representative voice and protect the interests of Oklahoma restaurateurs.
ORA membership is open to Restaurant Operators, Service Providers, Non-Commercial entities, Bed and Breakfasts, and Students. Check out all the benefits you'll get, and join our association today! If you need support, simply give us a call at (405) 942-8181 or (800) 375-8181 and we’ll be happy to help.
The ORA takes its role as an industry advocate very seriously. Our Government Affairs and Public Policy team tracks thousands of state bills and local efforts each year to stop harmful legislation and promote laws that will have positive implications for the industry. Before taking action, the ORA talks to members about the issues facing them and ways potential laws could affect operations. The ORA's Board of Directors meets four times a year and sets most of the policy priorities for the organization.
Yes, as long as the deduction does not bring his/her rate of pay for that pay period below minimum wage, which is currently $7.25/hour.
Yes, with very few exceptions. A person may employ five immediate family members without purchasing coverage. After employment of the sixth person, whether he/she is a family member or not, workers' compensation coverage must be purchased. But here's where it becomes complicated: once workers' compensation coverage is obtained, everyone - including family members who do not own at least 10% of company stock - must be included in the payroll amount used to calculate what premium will be charged.
The National Council on Compensation Insurance, Inc. is the entity responsible for assigning a modifier to your business each year. It is a reflection of workers' compensation claims activity for three years. Some restaurateurs may notice that their modifier remains stable at 1.0. This is the case for all businesses with a payroll that results in a premium of $5,000 or less. A modifier should be viewed as either a reward or a penalty for claims experienced as compared to business owners operating the same sort of business in your area.
According to the U.S. Department of Labor, it means that if the parent(s) own at least 20% of the business, the child may work at the business without any age limitations as long as they are employed in occupations other than manufacturing or mining, or occupations declared hazardous by the Secretary of Labor.
If you have a written document stating the value of the uniform and the fact that action will be taken if the uniform is not returned upon termination of their employment, you may deduct its value from their last paycheck. Even then, if the document is not signed and dated by both the restaurant operator and the employee, it is not a valid deduction.
Although the FLSA does not require employers to give employees a rest break or meal period, some employers do so nonetheless. If these rest breaks are brief (a coffee break or similar under 20 minutes long) the time must be counted as hours worked. But if it's a bonafide meal period (30 minutes or more) during the scheduled workday, it's not considered work time under the FLSA and the employer need not pay employees for such breaks. Remember, though, that employees aged 14 to 15 years old must be permitted a half-hour rest period every five hours.
Oklahoma law states the following regarding pets on patios:
310:257-11-54. Prohibiting animals
(d) Dogs and cats may be allowed in outdoor dining areas, provided the dog or cat is controlled by the owner or handler of the animal and the following conditions are met:
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