Legislative Victories
Below is a list of legislative wins the Oklahoma Restaurant Association, Oklahoma Hotel & Lodging Association, and the Oklahoma Travel Industry Association have either helped achieve passage of or defeated legislation to secure a positive outcome for Oklahoma's hospitality industry. While this does not cover everything the associations have accomplished, we felt these were of importance to the industry.
To look up any legislation below, click the button below to visit the Oklahoma Legislature's bill tracking reports.
To look up any legislation below, click the button below to visit the Oklahoma Legislature's bill tracking reports.
ORA - 2023 Legislative Wins |
Legislation Passed in 2023
SB 796 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed By Governor, Effective Date:11/1/2023 Forbids delivery companies and agents from delivering any shipping container holding alcoholic beverages to a minor, clarifies related regulations and restrictions.
What it means to you: Delivery companies like UPS or FedEx can not make an alcohol delivery to a minor. This was a problem especially with online out of state companies shipping in state to minors. SB 1032 - Authored by Sen. Bill Coleman & Rep. Kevin McDugle Signed By Governor, Effective Date:11/1/2023 Permits caterers to provide alcoholic beverages sales on the premises of a business or individual who has applied for an on-premises license from the ABLE Commission.
What it means to you: A Mixed Beverage/Caterer Combination licensee can now cater alcohol for a business that has filed a Beer & Wine License, Mixed Beverage License or Mixed Beverage/Caterer Combination License application with the ABLE Commission. Previously, a Mixed Beverage/Caterer Combination licensee could only cater alcohol for a Mixed Beverage License applicant. |
SB 811 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed By Governor, Effective Date:11/1/2023 Grants the ABLE Commission discretion to revoke licenses or administer fines when a licensee has knowingly sold any alcoholic beverage to any person under the age of twenty-one.
What it means to you: ABLE Commission now has the ability to administratively issue a fine to a licensee who has knowingly sold an alcoholic beverage to a person under 21 years of age. Previously, the ABLE Commission was required to revoke the license. SB 1035 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed By Governor, Effective Date:11/1/2023 Changes the authority of the Tax Commission to audit any mixed beverage, beer and wine, caterer, public event or special event licensee.
What it means to you: The taxpayer shall be deemed to be in compliance if such an audit reveals that the amount of tax collected is within the following percentages of the amount of tax payable: Spirits – 16%variance, Wine – 10% variance, Draft Beer – 14% variance, Bottle/Can Beer – 5% variance, Breakage/Spillage/Theft – 10% variance. |
HB 1542 - Authored by Rep. Anthony Moore & Sen. Brenda Stanley Signed By Governor, Effective Date:11/1/2023 Provides immunity from civil liability for restaurants that donate food, in good faith and without compensation, that causes damage.
What it means to you: Any restaurant that, in good faith and without compensation, donates food which is prepared and subsequently donated by the restaurant shall not be liable for damages caused by the condition of the food, unless the damages by the restaurant result from an intentional act, omission, gross negligence or the restaurant knew or should have known of the condition of the food that resulted in the damages. |
HB 1715 - Authored by Rep. T.J. Marti & Sen. Bill Coleman Signed By Governor, Effective Date Upon Governor Signature Removes the ability of brewers to terminate an agreement with a beer distributor at any time with notice, exempting small brewers, and directing such brewers to pay certain arbitration costs. Exempts delivery of certain arrangements of beers from prohibition of ABLE licensees to deliver multiple alcoholic drinks to the same person at once.
What it means to you: Restaurants – The new law allows for buckets of beer to be delivered to a single individual, you are no longer required to have at least 3 individuals of legal drinking at the table. Craft Brewers – Allows for brewers to host up to 4 off-site events per year, import beer into the state for use in manufacturing products such as seltzers in accordance with federal laws and defines that a cider is a product much like beer ensuring that sugar based malt beverages and carbonated beverages are considered beer and distinguishes beer and seltzer from carbonated spirit or wine based beverages. Small Distilleries – Allows the ability to have a satellite location in the same county where the small distillery is located, consumers will be allowed to mix nonalcoholic beverages provided by the distillery after purchase of alcohol. |
HB 1956 - Authored by Rep. Charles McCall & Sen. Greg Treat Signed By Governor, Effective Date:11/1/2023 Removes prohibitions of renewal and reissue of certain professional licenses by licensing authorities when the Tax Commission finds those professionals to be
out of compliance. What it means to you: Under this new law, OTC can no longer suspend or stop issuance of an occupational license for anyone that owes taxes to the state of Oklahoma. The previous ability of OTC to suspend or stop issuance of an occupational license resulted in the loss of an individual’s means to earn a living. |
HB 2251 - Authored by Rep. Ty Burns & Sen. Grant Green Signed By Governor, Effective Date:11/1/2023 Creates standards for mixed beverage tasting flights sold by liquor license holders.
What it means to you: ABLE licensees will be allowed to add an unlimited amount of non-alcohol mixer to beer, wine or spirit flights. This new law allows for Margarita, Mimosa and other mixed drink tasting flights. Licensees must still follow Oklahoma’s guidelines for how much beer, wine or spirit can be in a tasting flight. |
HB 2631 - Authored by Rep. Jon Echols & Sen. Paul Rosino Signed By Governor, Effective Date:11/1/2023 Creates the Oklahoma Alcoholic Beverages Act of 2023. Every wine and spirits wholesaler is authorized to fill orders non-sequentially. Helps smaller buyers who are not able to order as quickly as larger buyers.
What it means to you: Gives the wholesaler the ability to fill a smaller order even if it was not first to order. Before this legislation, larger buyers could buy up all inventory before a smaller buyer could fill an order. |
SB 809 - Authored by Sen. Bill Coleman & Rep. Marcus McEntire Stalled in Conference Committee Modifies restrictions upon businesses distributing cocktails for off-premises consumption.
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SB 871- Authored by Sen. Kay Floyd & Rep. Meloyde Blancett Signed By Governor, Effective Date:11/1/2023 Classifies known false or misleading representations by private business as a state agency or affiliate as a violation of the Consumer Protection Act. Adds "Knowingly or with reason to know, makes a false or misleading representation or designation as a state agency or an affiliate of a state agency through advertisement or publication."
What it means to you: Creates barriers for private companies that wrongfully represent themselves as a state agency. |
HB 1596 - Authored by Rep. Rande Worthen & Sen. Bill Coleman Signed By Governor, Effective Date:11/1/2023 Creates a $5,000 petty cash fund for the ABLE Commission to utilize when conducting undercover operations to obtain critical evidence for case presentation.
What it means to you: Will make it easier for ABLE to root out actors who are unfairly competing against those following the law. |
Legislation Defeated in 2023
SB 46 - Authored by Sen. Micheal Bergstrom Defeated Creates the Home-Based Business Fairness Act which establishes protections for businesses established in residential properties that meet certain conditions and standards.
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SB 156 - Authored by Sen. Carri Hicks Defeated Provides for a gradual increase in the state minimum wage, ending with a wage of ten dollars per hour by January 1, 2026. |
SB 157 - Authored by Sen. Carri Hicks Defeated Repeals current standards permitting only the state Legislature to create legislation related to minimum wage and minimum employee vacation and sick days.
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SB 163 - Authored by Sen. George Young & Rep. Jason Lowe Defeated Increases the state minimum wage to $13 per hour and directs a 50 cent increase per year for five years after the law takes effect.
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SB 184 - Authored by Sen. Carri Hicks Defeated Removes the state preemption on the ability of local political subdivisions to regulate smoking and vaping, permitting localities to enact standards equal to or more restrictive than the Smoking in Public Places and Indoor Workplaces Act.
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SB 185 - Authored by Sen. Micheal Bergstrom & Rep. Mark Lepak Defeated Creates the Mobile Food Vendor Act which establishes regulations and standards on mobile food operations; EMERGENCY.
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SB 895 - Authored by Sen. Nathan Dahm Defeated Creates the Right to Earn a Living Act requiring certain procedures for state agencies to review, for individuals to petition to repeal or modify occupational regulations.
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SB 1038 - Authored by Sen. Nathan Dahm Defeated Creates the Oklahoma Food Freedom Act which exempts certain homemade food from licensing and permitting requirements as long as it is produced, marketed and sold under specific standards; EMERGENCY.
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SB 1041 - Authored by Sen. Nathan Dahm Defeated Modifies provisions governing the creation and selling of homemade food, expanding provisions governing food which has time or temperature requirements for safety.
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HB 1065 - Authored by Rep. John Talley & Sen. Jack Stewart Defeated Prohibits employers from discriminating in hiring or compensation against persons based on criminal history except under certain circumstances and provides legal protection from civil liability for hiring persons with criminal records.
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HB 1245 - Authored by Rep. Charles McCall Defeated Creates the Oklahoma Intoxicating Liquors Act of 2023.
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HB 1246 - Authored by Rep. Charles McCall Defeated Creates the Oklahoma Intoxicating Liquors Act of 2023.
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HB 1247 - Authored by Rep. Charles McCall Defeated Creates the Oklahoma Alcoholic Beverages Act of 2023.
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HB 1248 - Authored by Rep. Charles McCall Defeated Creates the Oklahoma Alcoholic Beverages Act of 2023.
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HB 1249 - Authored by Rep. Charles McCall Defeated Creates the Oklahoma Alcoholic Beverages Act of 2023.
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HB 1442 - Authored by Rep. Melissa Provenzano & Sen. Julia Kirt Defeated Removes certain provisions requiring professional licenses be nonrenewable or suspended for persons found in tax noncompliance, directing instead that wages will be garnished.
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HB 1444 - Authored by Rep. Melissa Provenzano & Sen. Julia Kirt Defeated Adjusts food items considered within certain categories under the tax code and imposes a lower excise tax on groceries meeting specific standards; EMERGENCY.
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HB 1601 - Authored by Rep. Ryan Martinez Defeated Authorizes an alcoholic beverage gift basket license and related fee.
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HB 1679 - Authored by Rep. Marcus McEntire Defeated Creates the Oklahoma Liquor Act of 2023.
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HB 1680 - Authored by Rep. Marcus McEntire Defeated Creates the Oklahoma Liquor Act of 2023.
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HB 1681 - Authored by Rep. Marcus McEntire Defeated Creates the Oklahoma Liquor Act of 2023.
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HB 1682 - Authored by Rep. Eddy Dempsey & Sen. Bill Coleman Defeated Creates the Oklahoma Alcohol Act of 2023. Dealing with Spirits and nonalcoholic mixes.
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HB 1683 - Authored by Rep. Marcus McEntire Defeated Creates the Oklahoma Alcohol Act of 2023.
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HB 1986 - Authored by Rep. Mickey Dollens Defeated Constitutional Amendment to raise the minimum wage gradually over the next three years.
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HB 2205 - Authored by Rep. Dick Lowe Defeated Creates the Oklahoma Alcohol Act of 2023.
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HB 2328 - Authored by Rep. Mark Tedford (F) Defeated Creates the Oklahoma Alcohol Act of 2023.
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HB 2446 - Authored by Rep. Stan May Defeated Creates the Oklahoma Alcohol Act of 2023.
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HB 2519 - Authored by Rep. Ajay Pittman Defeated Creates the Oklahoma Alcohol Act of 2023.
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HB 2630 - Authored by Rep. Jon Echols Defeated Creates the Oklahoma Alcoholic Beverages Act of 2023.
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HB 2835 - Authored by Rep. Jared Deck (F) Defeated Repeals provisions preventing local governments from imposing minimum wage standards.
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HJR 1040 - Authored by Jon Echols & Sen. Lonnie Paxton Defeated Constitutional Amendment to adopt the Oklahoma Alcoholic Beverages Modernization Act of 2023.
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Legislation Passed in 2022
SB 169 - Authored by Senator Kidd, updates certain requirements for container types and sealing methods related to cocktails-to-go.
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SB 269 - Authored by Senator Coleman, allows mixed beverage licensees to sell to-go cocktails at a different price than on-premises drinks.
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SB 757- Authored by Senator Pugh, mandates a study over interim with the Tax Commission's authority to look at audit alcohol sale licensees for an alteration to method now used to determine if the correct amount of tax payable has been collected and makes updates regarding third-party vendors and alcohol delivery.
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SB 1543 - Authored by Senator Treat, makes the Medical Marijuana Authority an independent entity from the Dept. of Health and transfers related authority, responsibilities, and standards.
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SB 1691 - Authored by Senator Taylor, makes conviction or pending criminal charges only grounds for immediate denial of a state license or certification if the crime in question significantly relates to the business or occupation for which the applicant is to work.
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SB 17 49 - Authored by Senator Leewright, permits properly licensed golf courses and country clubs to sell beer for on-premises consumption beyond a two-per-person limit.
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Legislation Defeated in 2022
SB 125 - Authored by Senator Hicks, provides for incremental increases to the state minimum wage for a final minimum wage of $10 per hour by January 2024.
SB 1232 - Authored by Senator Young, raises the minimum wage to $12hr with a fifty cent increase every year for six years.
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SB 332 - Authored by Senator Boren, provides for gradual increases to the state minimum wage over several years, resulting in a minimum wage of $15 per hour in 2026.
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Legislation Passed
HB 2122 - Authored by Representative McEntire, creates the Oklahoma Cocktails to Go Act of 2021 which permits the sale and transport of certain sealed alcoholic beverages by authorized sellers and directs certain safety precautions during a declaration of a health emergency.
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HB 2726 - Authored by Representative Pittman, includes provisions for bottle service and private club suites for holders of mixed beverage licenses.
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SB 499 - Authored by Senator Coleman, requires that customer receipts for alcoholic beverages purchased at catered, public, and special events include a line item for the 13.5 percent tax collected.
SB 760 - Authored by Senator Pugh, allows the ABLE Commission to designate common drinking areas for the consumption of alcoholic beverages, with consent by certain parties, for facilities or property intended for multiple licensed premises.
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SB 646 - Authored by Senator Bergstrom, permits owners and authorized employees of bars to carry firearms and reduces penalties on unlawful carry of a firearm where alcohol is consumed.
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Legislation Defeated
HB 1602 - Authored by Representative Walke, creates the Computer Data Privacy Act which provides relative to the collection and disclosure of personally identifying information by companies.
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HB 1673 - Authored by Representative West, permits persons carrying firearms to be present within bars as long as they do not consume alcohol, reduces penalties for violations and permits the carry of firearms in liquor stores.
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SB 332 - Authored by Representative Boren, provides for gradual increases to the state minimum wage over several years, resulting in a minimum wage of $15 per hour in 2026, to be further adjusted over time based on the Consumer Price Index.
SB 945 - Authored by Representative David, identifies provisions not to include in contracts entered into by beer distribution agreements with a manufacturer, brewer, or importer of beer.
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HB 1920 - Authored by Representative Martinez, prohibits manufacturers, brewers, and importers of beer from enforcing certain restrictions and standards on distributors and sellers.
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Legislation Passed
HB 1315 - Authored by Representative McEntire, provides relative to certain exceptions on restrictions under alcohol law for replacement of damaged products, provides for regulations of certain advertising activities, and reduces certain record-keeping requirements.
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HB 1341 - Authored by Representative McEntire, provides that holders of mixed beverage licenses may sell wine, beer, and mixed drinks for off-premise consumption.
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HB 1343 - Authored by Representative McEntire, provides that provisions of railroad and airline beverage licenses be extended to commercial passenger vessels.
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HB 1640 - Authored by Representative Martinez, permits churches to waive certain prohibitions on the sale of alcoholic beverages by establishments within a set distance of the churches by providing written notice to the ABLE Commission.
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HB 2325 - Authored by Representative McDugle, permits persons under 21 years of age to accompany parents or legal guardians on the premises of businesses with alcohol licenses.
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SB 1296 -Authored by Senator Paxton, prohibits marijuana use in designated non-smoking areas.
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SB 728 - Authored by Senator Leewright, permits restaurants holding mixed beverage licenses to purchase beer and wine directly from small wine and beer producers, and permits the sale of alcohol for off-premises consumption by golf courses.
SB 814 - Authored by Senator Bice, creates a complimentary beverage license which authorizes holders to provide free samples for on-site consumption of certain alcoholic beverages of a certain size.
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HB 3553 - Townley, no marijuana smoking or marijuana vaping shall be allowed in the following places: 1 ) Stand-alone bars, stand-alone taverns, and cigar bars, as defined. 2) Outdoor seating areas of restaurants, stand-alone bars, stand-alone taverns, and cigar bars; and
3) Restaurants that provide nonsmoking areas and designated tobacco smoking rooms. |
Legislation Defeated
HB 2343 - Authored by Representative Bennett, creates the Minimum Wage Act of 2020. Legislation was carryover from 2019, and was not heard in committee.
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HB 2466 - Authored by Representative Dunnington, repeals the preemption set by the Oklahoma Legislature as it relates to the mandated minimum wage and employee benefits, and was not heard in committee.
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HB 2866 - Authored by Representative Pae, proposes raising the minimum wage to $8.65 an hour and would include a provision to guarantee the new minimum hourly rate for people like restaurant workers who earn tips. Oklahoma's current minimum wage is $7.25 an hour.
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HB 3584 - Authored by Representative Wright, mandates prohibition of allowing smoking in restaurants, bars, etc.
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HB 3584 - Authored by Representative Wright, exempts Cigar bars from the no smoking regulations and only requires 35% sale of tobacco products to qualify as a cigar bar. This was in direct competition with stand-alone bard and restaurants who have smoking rooms as current law allows.
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HB 3763 - Authored by Representative Miller, Food Allergy training program pilot project.
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SB 12 - Authored by Senator Dahm, provides numerous clarifications of law related to the transportation and open or concealed carrying of firearms, then repeals numerous exceptions to open and concealed carry, including on university grounds.
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SB 78 - Authored by Senator Hicks, increases the Oklahoma minimum wage rate over a period, starting at $8.25/hour, up to $10/hour.
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SB 102 - Authored by Senator Young, provides for a state minimum wage rate of $10.50 per hour, or the current federal minimum wage rate, whichever is greater, and was not heard in committee.
SB 1165 - Authored by Senator Young, Increases the State minimum wage to $10.50 per hour.
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SB 753 - Authored by Senator lkley-Freeman, removes minimum wage provisions as a matter of public policy that the Legislature occupies or preempts, and was heard in committee.
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OHLA - 2023 Legislative Victories |
Legislation Passed
HB 1596 – Authored by Rep. Rande Worthen & Sen. Bill Coleman Signed By GovernorEffective Date:11/1/2023 Creates a $5,000 petty cash fund for the ABLE Commission to utilize when conducting undercover operations to obtain critical evidence for case presentation.
What It Means To You: Will make it easier for ABLE to root out actors who are unfairly competing against those following the law. |
HB 1715 –Authored by Rep. T.J. Marti & Sen. Bill Coleman Signed By Governor Effective Upon Signature Removes the ability of brewers to terminate an agreement with a beer distributor at any time with
notice, exempting small brewers, and directing such brewers pay certain arbitration costs. What It Means To You: Buckets of Beer: Exempts delivery of certain arrangements of beers from prohibition of ABLE licensees to deliver multiple alcoholic drinks to the same person at once. Provides new definition of seltzer, distinguishing it from carbonated spirits. Allows small distilleries the ability to have a satellite location in the same county. Consumers can now mix nonalcoholic beverages provided by the distilleries. Reduces license fees for those producing up to 15,000 barrels to $350 from $750. |
HB 1737- Authored by Rep. Tammy Townley & Sen. John Montgomery Signed By Governor Effective Date:11/1/2023 States that persons informed they are being ejected from lodging at an inn or hotel shall be considered a trespasser and removed by law enforcement if they do not vacate the premises.
What It Means To You: Gives the ability of lodges to remove a guest. Law enforcement must remove them if the guest does not comply. |
HB 1956 - Authored by Rep. Charles McCall & Sen. Greg Treat Signed By Governor Effective Date: 11/01/2023 Removes prohibitions of renewal and reissue of certain professional licenses by licensing authorities when the Tax Commission finds those professionals to be out of compliance.
What It Means To You: Under this new law, OTC can no longer suspend or stop issuance of an occupational license for anyone that owes taxes to the state of Oklahoma. The previous ability of OTC to suspend or stop issuance of an occupational license resulting in the loss of an individual’s means to earn a living. |
HB 2251 – Authored by Rep. Ty Burns & Sen. Grant Green Signed By Governor Effective Date:11/1/2023 Creates standards for mixed beverage tasting flights sold by liquor license holders.
What It Means To You: ABLE licensees will be allowed to add an unlimited amount of non-alcohol mixer to beer, wine or spirit flights. This new law allows for Margarita, Mimosa and other mixed drink tasting flights. Licensees must still follow Oklahoma’s guidelines for how much beer, wine or spirit can be in a tasting flight. |
HB 2335 - Authored by Rep. Nick Archer (F) & Sen. Kristen Thompson Signed By Governor Effective Date:11/1/2023 Exempts hotels and motels with more than twelve rooms from certain sales tax provisions related to the sale of products. Fix to SB1339 on OTAs and marketplace facilitators by moving any single location with more than 12 rooms to not fall under SB1339.
What It Means To You: If you have 13 or more rooms at a single location then you will return to submitting taxes to OTC as you did before the implementation of SB1339 on Jan 1, 2023. |
HB 2631 - Authored by Rep. Jon Echols & Sen. Paul Rosino Signed By Governor Effective Date:11/1/2023 Allows wine and spirits wholesalers to fill orders non sequentially.
What It Means To You: Gives the wholesaler the ability to fill a smaller order even if it was not first to order. Before this legislation, larger buyers could buy up all inventory before a smaller buyer could fill an order. |
SB 796 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed By Govenor Effective Date: 11/01/2023 Forbids delivery companies and agents from delivering any shipping container holding alcoholic beverages to a minor, clarifies related regulations and restrictions.
What it means to you: Delivery companies like UPS or FedEx can not make an alcohol delivery to a minor. This was a problem especially with online out of state companies shipping in state to minors. |
SB 811 – Authored by Sen. Bill Coleman & T.J. Marti Signed by Governor Effective Date: 11/01/2023 Grants the ABLE Commission discretion to revoke licenses or administer fines when a licensee has knowingly sold any alcoholic beverage to any person under the age of twenty-one.
What It Means To You: ABLE Commission now has the ability to administratively issue a fine to a licensee who has knowingly sold an alcoholic beverage to a person under 21 years of age. Previously, the ABLE Commission was required to revoke the license. |
SB 871 – Authored by Sen. Kay Floyd & Rep. Meloyde Blancett Signed By Governor Effective Date: 11/01/2023 Classifies known false or misleading representations by private business as a state agency or affiliate as a violation of the Consumer Protection Act.
What It Means To You: Creates barriers for private companies that wrongfully represent themselves as a state agency. |
SB 1032 - Authored by Sen. Bill Coleman & Rep. Kevin McDugle Signed by Governor Effective Date: 11/01/2023 Permits caterers to provide alcoholic beverages sales on the premises of a business or individual who has applied for an on-premises license from the ABLE Commission.
What it means to you: A Mixed Beverage/Caterer Combination licensee can now cater alcohol for a business that has filed a Beer & Wine License, Mixed Beverage License or Mixed Beverage/Caterer Combination License application with the ABLE Commission. Previously, a Mixed Beverage/Caterer Combination licensee could only cater alcohol for a Mixed Beverage License applicant. |
SB 1035 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed by Governor Effective Date: 11/01/2023 Removes the authority of the Tax Commission to audit any mixed beverage, beer and wine, caterer, public event or special event licensee.
What It Means To You: The taxpayer shall be deemed to be in compliance if such an audit reveals that the amount of tax collected is within the following percentages of the amount of tax payable: Spirits – 16% variance, Wine – 10% variance, Draft Beer – 14% variance, Bottle/Can Beer – 5% variance, Breakage/Spillage/Theft – 10% variance. |
Legislation Defeated
HB 1030 – Authored by Rep. Josh West & Sen. Brent Howard Defeated
Creates the Computer Data Privacy Act, which provides standards and disclosure requirements relating to consumer data privacy and autonomy. Would destroy loyalty programs. |
SB 73 – Authored by Sen. Dave Rader & Rep. Clay Staires Defeated Adjusts the minimum number of available rooms for a facility to qualify as a hotel in statute from four to seven and changes the presiding authority over them from the Board of Health to the Commissioner of Health; EMERGENCY. There is a companion bill SB73. We have negotiated with bill author to amend to 5 rooms instead of 7.
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Legislation Passed
SB 169 - Authored by Senator Kidd, updates certain requirements for container types and sealing methods related to cocktails-to-go.
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SB 269 - Authored by Senator Coleman, allows mixed beverage licensees to sell to-go cocktails at a different price than on-premises drink.
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SB 757 - Authored by Senator Pugh, mandates a study over interim with the Tax Commission's authority to look at audit alcohol sale licensees for an alteration to method now used to determine if the correct amount of tax payable has been collected and makes updates regarding third-party vendors and alcohol delivery.
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SB 1543 - Authored by Senator Treat, makes the Medical Marijuana Authority an independent entity from the Dept. of Health and transfers related authority, responsibilities, and standards.
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SB 1691 - Authored by Senator Taylor, makes conviction or pending criminal charges only grounds for immediate denial of a state license or certification if the crime in question significantly relates to the business or occupation for which the applicant is to work.
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SB 1749 - Authored by Senator Leewright, permits properly licensed golf courses and country clubs to sell beer for on-premises consumption beyond a two-per-person limit.
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Legislation Defeated
HB 2968 - Authored by Representative Walke, Creates the Computer Data Privacy Act of 2022, which provides standards and disclosure requirements relating to consumer data privacy and autonomy.
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H8 2969 - Authored by Representative Walke, requires controllers and collectors of personal data to abide by certain regulations to protect and provide transparency to consumers and data subjects.
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HB 3447- Authored by Representative 0'Donnell, requires controllers and collectors of personal data to abide by certain regulations to protect and provide transparency to consumers and data subjects.
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SB 1232 - Authored by Senator Young, raises the minimum wage to $12hr with a fifty cent increase every year for six years.
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Legislation Passed
HB 2122 - Authored by Representative McEntire, creates the Oklahoma Cocktails to Go Act of 2021 which permits the sale and transport of certain sealed alcoholic beverages by authorized sellers and directs certain safety precautions during a declaration of health emergency.
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HB 2726 - Authored by Representative Pittman, includes provisions for bottle service and private club suites for holders of mixed beverage licenses.
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SB 499 - Authored by Senator Coleman, requires that customer receipts for alcoholic beverages purchased at catered, public, and special events include a line item for the 13.5 percent tax collected.
SB 760 - Authored by Senator Pugh, allows the ABLE Commission to designate common drinking areas for the consumption of alcoholic beverages, with consent by certain parties, for facilities or property intended for multiple licensed premises.
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SB 646 - Authored by Senator Bergstrom, permits owners and authorized employees of bars to carry firearms and reduces penalties on unlawful carry of a firearm where alcohol is consumed.
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Legislation Defeated
HB 1748 - Authored by Representative Crosswhite-Hader, requires hotels to put tornado safety information in designated areas.
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HB 1673 - Authored by Representative West, K, permits persons carrying firearms to be present within bars as long as they do not consume alcohol, reduces penalties for violations and permits the carry of firearms in liquor stores.
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HB 1920 - Authored by Representative Martinez, prohibits manufacturers, brewers, and importers of beer from enforcing certain restrictions and standards on distributers and sellers.
SB 945 - Authored by Senator David, identifies provisions not to include in contracts entered into by beer distribution agreements with a manufacturer, brewer, or importer of beer.
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SB 332 - Authored by Senator Boren, provides for gradual increases to the state minimum wage over several years, resulting in a minimum wage of $15 per hour in 2026, to be further adjusted over time based on the Consumer Price Index.
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Legislation Passed
HB 1341 - Authored by Representative McEntire, provides that holders of mixed beverage licenses may sell wine, beer, and mixed drinks for off-premise consumption.
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HB 1343 - Authored by Representative McEntire, provides that provisions of railroad and airline beverage licenses be extended to commercial passenger vessels.
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HB 1640 - Authored by Representative Martinez, permits churches to waive certain prohibitions on the sale of alcoholic beverages by establishments within a set distance of the churches by providing written notice to the ABLE Commission.
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HB 2325 - Authored by Representative McDugle, permits persons under 21 years of age to accompany parents or legal guardians on the premises of businesses with alcohol licenses.
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HB 3553 - Authored by Representative Townley, no marijuana smoking or marijuana vaping shall be allowed in the following places: 1 ) Stand-alone bars, stand-alone taverns, and cigar bars, as defined. 2) Outdoor seating areas of restaurants, stand-alone bars, stand-alone taverns, and cigar bars; and 3) Restaurants that provide nonsmoking areas and designated tobacco smoking rooms.
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SB 1296 -Authored by Senator Paxton, prohibits marijuana use in designated non-smoking areas.
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SB 728 - Authored by Senator Leewright, permits restaurants holding mixed beverage licenses to purchase beer and wine directly from small wine and beer producers, and permits the sale of alcohol for off-premises consumption by golf courses.
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SB 814 - Authored by Senator Bice, creates a complimentary beverage license which authorizes holders to provide free samples for on-site consumption of certain alcoholic beverages of a certain size.
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Legislation Defeated
HB 2343 - Authored by Representative Bennett, creates the Minimum Wage Act of 2020. Legislation was carryover from 2019, and was not heard in committee.
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HB 2466 - Authored by Representative Dunnington, repeals the preemption set by the Oklahoma Legislature as it relates to the mandated minimum wage and employee benefits, and was not heard in committee.
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HB 2866 - Authored by Representative Pae, proposes raising the minimum wage to $8.65 an hour and would include a provision to guarantee the new minimum hourly rate for people like restaurant workers who earn tips. Oklahoma's current minimum wage is $7.25 an hour.
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HB 3584 - Authored by Representative Wright, mandates prohibition of allowing smoking in restaurants, bars, etc.
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HB 3584 - Authored by Representative Wright, exempts Cigar bars from the no smoking regulations and only requires 35% sale of tobacco products to qualify as a cigar bar. This was in direct competition with stand-alone bard and restaurants who have smoking rooms as current law allows.
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HB 3763 - Authored by Representative Miller, Food Allergy training program pilot project.
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SB 12 - Authored by Senator Dahm, provides numerous clarifications of law related to the transportation and open or concealed carrying of firearms, then repeals numerous exceptions to open and concealed carry, including on university grounds.
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SB 78 - Authored by Senator Hicks, increases the Oklahoma minimum wage rate over a period, starting at $8.25/hour, up to $10/hour.
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SB 102 - Authored by Senator Young, provides for a state minimum wage rate of $10.50 per hour, or the current federal minimum wage rate, whichever is greater, and was not heard in committee.
SB 1165 - Authored by Senator Young, Increases the State minimum wage to $10.50 per hour.
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SB 753 - Authored by Senator lkley-Freeman, removes minimum wage provisions as a matter of public policy that the Legislature occupies or preempts, and was heard in committee.
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OTIA - 2023 Legislative Victories |
Legislation Passed
HB 1715 - Authored by Rep. T.J. Marti & Sen. Bill Coleman Signed By Governor Effective Date: 11/01/2023
Removes the ability of brewers to terminate an agreement with a beer distributor at any time with notice, exempting small brewers, and directing such brewers pay certain arbitration costs. What It Means To You: Buckets of Beer: Exempts delivery of certain arrangements of beers from prohibition of ABLE licensees to deliver multiple alcoholic drinks to the same person at once. Provides new definition of seltzer, distinguishing it from carbonated spirits. Allows small distilleries the ability to have a satellite location in the same county. Consumers can now mix nonalcoholic beverages provided by the distilleries. Reduces license fees for those producing up to 15,000 barrels to $350 from $750. |
HB 1737 - Authored by Rep. Tammy Townley & Sen. John Montgomery Signed By Governor Effective Date:11/1/2023 States that persons informed they are being ejected from lodging at an inn or hotel shall be considered a trespasser and removed by law enforcement if they do not vacate the premises.
What It Means To You: Gives the ability of lodges to remove a guest. Law enforcement must remove them if the guest does not comply. |
HB 1774 - Authored by Rep. Danny Williams & Sen. David Bullard Signed By Governor Effective Date: 01/01/2024 Removes provisions exempting the Tourism and Recreation Dept. from certain competitive bidding requirements and standards.
What It Means To You: Gives the OTRD the ability to buy certain items of higher quality outside of the competitive bidding process. Examples are toilet paper, laundry detergent, etc. things that enhance guest experience. |
HB 1956 - Authored by Rep. Charles McCall & Sen. Greg Treat Signed By Governor Effective Date: 11/01/2023 Removes prohibitions of renewal and reissue of certain professional licenses by licensing authorities when the Tax Commission finds those professionals to be out of compliance.
What It Means To You: Under this new law, OTC can no longer suspend or stop issuance of an occupational license for anyone that owes taxes to the state of Oklahoma. The previous ability of OTC to suspend or stop issuance of an occupational license resulting in the loss of an individual’s means to earn a living. |
HB 2251 – Authored by Rep. Ty Burns & Sen. Grant Green Signed By Governor Effective Date:11/1/2023 Creates standards for mixed beverage tasting flights sold by liquor license holders.
What It Means To You: ABLE licensees will be allowed to add an unlimited amount of non-alcohol mixer to beer, wine or spirit flights. This new law allows for Margarita, Mimosa and other mixed drink tasting flights. Licensees must still follow Oklahoma’s guidelines for how much beer, wine or spirit can be in a tasting flight. |
HB 2335 – Authored by Rep. Nick Archer (F) & Sen. Kristen Thompson Signed By Governor Effective Date:11/1/2023 Exempts hotels and motels with more than twelve rooms from certain sales tax provisions related to the sale of products. Fix to SB1339 on OTAs and marketplace facilitators by moving any single location with more than 12 rooms to not fall under SB1339.
What It Means To You: If you have 13 or more rooms at a single location then you will return to submitting taxes to OTC as you did before the implementation of SB1339 on Jan 1, 2023. |
HB 2631 - Authored by Rep. Jon Echols & Sen. Paul Rosino Signed By Governor Effective Date:11/1/2023 Allows wine and spirits wholesalers to fill orders non sequentially.
What It Means To You: Gives the wholesaler the ability to fill a smaller order even if it was not first to order. Before this legislation, larger buyers could buy up all inventory before a smaller buyer could fill an order. |
SB 811 - Authored by Sen. Bill Coleman & T.J. Marti Signed By Governor Effective Date:11/1/2023 Grants the ABLE Commission discretion to revoke licenses or administer fines when a licensee has knowingly sold any alcoholic beverage to any person under the age of twenty-one. Language changed to ABLE can not revoke, except in certain circumstances.
What It Means To You: ABLE Commission now has the ability to administratively issue a fine to a licensee who has knowingly sold an alcoholic beverage to a person under 21 years of age. Previously, the ABLE Commission was required to revoke the license. |
SB 1032 - Authored by Sen. Bill Coleman & Rep. Kevin McDugle Signed By Governor Effective Date:11/1/2023 Permits caterers to provide alcoholic beverages sales on the premises of a business or individual who has applied for an on-premises license from the ABLE Commission.
What It Means To You: A Mixed Beverage/Caterer Combination licensee can now cater alcohol for a business that has filed a Beer & Wine License, Mixed Beverage License or Mixed Beverage/Caterer Combination License application with the ABLE Commission. Previously, a Mixed Beverage/Caterer Combination licensee could only cater alcohol for a Mixed Beverage License applicant. |
SB 1035 - Authored by Sen. Bill Coleman & Rep. T.J. Marti Signed By Governor Effective Date:11/1/2023 Changes the authority of the Tax Commission to audit any mixed beverage, beer and wine, caterer, public event or special event licensee.
What It Means To You: The taxpayer shall be deemed to be in compliance if such an audit reveals that the amount of tax collected is within the following percentages of the amount of tax payable: Spirits – 16% variance, Wine – 10% variance, Draft Beer – 14% variance, Bottle/Can Beer – 5% variance, Breakage/Spillage/Theft – 10% variance. These variances had previously been removed. |
HB 1596 - Authored by Rep. Rande Worthen & Sen. Bill Coleman Signed By Governor Effective Date:11/1/2023 Creates a $5,000 petty cash fund for the ABLE Commission to utilize when conducting undercover operations to obtain critical evidence for case presentation.
What It Means To You: Will make it easier for ABLE to root out actors who are unfairly competing against those following the law. |
SB 871 - Authored by Sen. Kay Floyd & Rep. Meloyde Blancett Signed By Governor Effective Date: 11/01/2023 Classifies known false or misleading representations by private business as a state agency or affiliate as a violation of the Consumer Protection Act.
What It Means To You: Creates barriers for private companies that wrongfully represent themselves as a state agency. |
Legislation Defeated
HB 1030 – Authored by Rep. Josh West & Sen. Brent Howard Defeated Creates the Computer Data Privacy Act, which provides standards and disclosure requirements relating to consumer data privacy and autonomy. Would destroy loyalty programs.
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SB 3 - Authored by Sen. George Burns & Rep. Justin Humprey Defeated Requires any action by the Tourism and Recreation Commission which would terminate or transfer ownership of a state park to receive approval from the Legislature.
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SB 73 - Authored by Sen. Dave Rader & Rep. Clay Staires Defeated Adjusts the minimum number of available rooms for a facility to qualify as a hotel in statute from four to seven and changes the presiding authority over them from the Board of Health to the Commissioner of Health; EMERGENCY. There is a companion bill SB73. We have negotiated with the bill author to amend to 5 rooms instead of 7.
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SB 673 - Authored by Sen. George Burns & Rep. Justin Humprey Defeated Directs the Tourism Dept. to only charge entry fees to state parks for persons entering with recreational vehicles or travel trailers.
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SB 675 - Authored by Sen. George Burns & Rep. Justin Humprey Defeated Transfers control and responsibility for Hugo Lake Park to the Tourism and Recreation Department.
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Legislation Passed
SB 169 - Authored by Senator Kidd., updates certain requirements for container types and sealing methods related to cocktails-to-go. Authored by Senator Kidd.
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SB 269 - Authored by Senator Coleman, allows mixed beverage licensees to sell to-go cocktails at a different price than on-premises drink.
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SB 757 - Authored by Senator Pugh, mandates a study over interim with the Tax Commission's authority to look at audit alcohol sale licensees for an alteration to method now used to determine if the correct amount of tax payable has been collected and makes updates regarding third-party vendors and alcohol delivery.
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SB 1543 - Authored by Senator Treat, makes the Medical Marijuana Authority an independent entity from the Dept. of Health and transfers related authority, responsibilities, and standards.
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SB 1691 - Authored by Senator Taylor, makes conviction or pending criminal charges only grounds for immediate denial of a state license or certification if the crime in question significantly relates to the business or occupation for which the applicant is to work.
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SB 1749 - Authored by Senator Leewright, permits properly licensed golf courses and country clubs to sell beer for on-premises consumption beyond a two-per-person limit.
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Legislation Defeated
HB 1602 - Authored by Representative Walke, creates the Computer Data Privacy Act which provides relative to the collection and disclosure of personally identifying information by companies.
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HB 1748 - Authored by Representative Crosswhite-Hader, requires hotels to put tornado safety information in designated areas.
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HB 2010 - Authored by Representative Townley, provides for various regulations, standards and definitions for mobile food establishments.
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SB 125 -Authored by Senator Hicks, provides for incremental increases to the state minimum wage for a final minimum wage of $10 per hour by January 2024.
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SB 332 - Authored by Senator Boren, provides for gradual increases to the state minimum wage over several years, resulting in a minimum wage of $15 per hour in 2026.
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SB 1232 - Authored by Senator Young, raises the minimum wage to $12hr with a fifty cent increase every year for six years.
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Legislation Passed
HB 2122 - Authored by Representative McEntire, creates the Oklahoma Cocktails to Go Act of 2021 which permits the sale and transport of certain sealed alcoholic beverages by authorized sellers and directs certain safety precautions during a declaration of a health emergency.
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HB 2726 - Authored by Representative Pittman, includes provisions for bottle service and private club suites for holders of mixed beverage licenses.
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SB 499 - Authored by Senator Coleman, requires that customer receipts for alcoholic beverages purchased at catered, public, and special events include a line item for the 13.5 percent tax collected.
SB 760 - Authored by Senator Pugh, allows the ABLE Commission to designate common drinking areas for the consumption of alcoholic beverages, with consent by certain parties, for facilities or property intended for multiple licensed premises.
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SB 646 - Authored by Senator Bergstrom, permits owners and authorized employees of bars to carry firearms and reduces penalties on unlawful carry of a firearm where alcohol is consumed.
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Legislation Defeated
HB 1602 - Authored by Representative Walke, creates the Computer Data Privacy Act which provides relative to the collection and disclosure of personally identifying information by companies.
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HB 1673 - Authored by Representative West, K, permits persons carrying firearms to be present within bars as long as they do not consume alcohol, reduces penalties for violations and permits the carry of firearms in liquor stores.
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HB 1708 - Authored by Representative Hill, creates the Oklahoma Tourism Ignition Program and directs the Tourism and Recreation Dept. to solicit applications from municipalities seeking federal matching funds.
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HB 1920 - Authored by Representative Martinez, prohibits manufacturers, brewers, and importers of beer from enforcing certain restrictions and standards on distributors and sellers.
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SB 332 - Authored by Representative Boren, provides for gradual increases to the state minimum wage over several years, resulting in a minimum wage of $15 per hour in 2026, to be further adjusted over time based on the Consumer Price Index.
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SB 945 - Authored by Senator David, identifies provisions not to include in contracts entered into by beer distribution agreements with a manufacturer, brewer, or importer of beer.
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Legislation Passed
HB 1315 - Authored by Representative McEntire, provides relative to certain exceptions on restrictions under alcohol law for replacement of damaged products, provides for regulations of certain advertising activities, and reduces certain record-keeping requirements.
HB 1343 - Authored by Representative McEntire, provides that provisions of railroad and airline beverage licenses be extended to commercial passenger vessels.
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HB 1341 - Authored by Representative McEntire, provides that holders of mixed beverage licenses may sell wine, beer, and mixed drinks for off-premise consumption.
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Legislation Defeated
HB 2343 - Authored by Representative Bennett, creates the Minimum Wage Act of 2020. Legislation was carryover from 2019, and was not heard in committee.
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HB 2466 - Authored by Representative Dunnington, repeals the preemption set by the Oklahoma Legislature as it relates to the mandated minimum wage and employee benefits, and was not heard in committee.
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HB 2866 - Authored by Representative Pae, proposes raising the minimum wage to $8.65 an hour and would include a provision to guarantee the new minimum hourly rate for people like restaurant workers who earn tips. Oklahoma's current minimum wage is $7.25 an hour.
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HB 3584 - Authored by Representative Wright, mandates prohibition of allowing smoking in restaurants, bars, etc.
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HB 3763 - Authored by Representative Miller, Food Allergy training program pilot project.
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SB 12 - Authored by Senator Dahm, provides numerous clarifications of law related to the transportation and open or concealed carrying of firearms, then repeals numerous exceptions to open and concealed carry, including on university grounds.
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SB 78 - Authored by Senator Hicks, increases the Oklahoma minimum wage rate over a period, starting at $8.25/hour, up to $10/hour.
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SB 102 - Authored by Senator Young, provides for a state minimum wage rate of $10.50 per hour, or the current federal minimum wage rate, whichever is greater, and was not heard in committee.
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SB 753 - Authored by Senator lkley-Freeman, removes minimum wage provisions as a matter of public policy that the Legislature occupies or preempts, and was heard in committee.
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SB 1165 - Authored by Senator Young, Increases the State minimum wage to $10.50 per hour.
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