Okla. Stat. tit. 37A, § 37A-1-104

Interim licenses.

A. The Alcoholic Beverage Laws Enforcement Commission created

in Section 1 of Article XXVIII of the Oklahoma Constitution is

hereby re-created. The purpose of the Commission shall be to

enforce the alcoholic beverage laws of the state, and the Commission

shall have such power and authority to enforce such laws, rules and

regulations as shall be prescribed by the Oklahoma Alcoholic

Beverage Control Act.

B. The Commission shall consist of seven (7) members, to be

appointed by the Governor with the advice and consent of the State

Senate; provided, members serving on October 1, 2017, shall continue

to serve until such time as their terms would have expired pursuant

to the provisions of Section 1 of Article XXVIII of the Oklahoma

Constitution. Five of the members shall be at-large members

representing the lay citizenry. The remaining two members shall be

persons with law enforcement experience in this state. Any time

there is a vacancy on the Commission, the Governor shall appoint a

replacement, with the advice and consent of the State Senate, within

ninety (90) days.

C. Members of the Commission shall be appointed for a term of

five (5) years.

D. No more than four members of the Commission shall be

appointed from the same political party. No more than two members

of the Commission shall be appointed from the same federal

congressional district.

E. No member of the Commission shall hold any license

authorized by the Oklahoma Alcoholic Beverage Control Act, or have

any interest in any capacity, in the manufacture, sale, distribution

or transportation of alcoholic beverages.

F. The members of the Commission shall be removable from office

for cause as other officers not subject to impeachment.

G. The Commission shall appoint a Director, whose duties shall

be defined as provided in Section 1-108 of this title.

H. The State of Oklahoma shall take all necessary steps to

ensure the timely implementation of Enrolled Senate Joint Resolution

No. 68 of the 2nd Session of the 55th Oklahoma Legislature, if

approved by the voters. Consistent with this objective, the ABLE

Commission shall have the power to issue interim licenses prior to

October 1, 2018, as follows:

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 15

1. Except for the sale of wine or beer to the public, an

interim license shall allow all qualified retail wine and retail

beer licensees to perform all activities permissible under a full

license including but not limited to purchasing, stocking and

storing the wine and/or full-strength beer prior to October 1, 2018.

In order to qualify for an interim license, the licensee must

satisfy all the requirements set forth in Article XXVIII-A of the

Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control

Act. This interim license shall convert to a full license on

October 1, 2018;

2. Package stores may install refrigerated coolers for the

storage of beer and wine prior to October 1, 2018, provided the

refrigerated coolers shall not be used to cool product below room

temperature prior to October 1, 2018; and

3. An interim license shall allow all qualified wine and

spirits wholesalers and beer distributors to perform all activities

permissible under a full license including but not limited to

selling and delivering wine and/or full-strength beer to all

qualified retail wine and retail beer licensees. A wine and spirits

wholesaler that has been designated by a manufacturer as a

distributor of its wine or spirits may post those designated

products by line-item, consistent with Section 3-116.2 of this

title, on September 15, 2018, for sale effective October 1, 2018.

In order to qualify for an interim license, the wine and spirits

wholesaler and beer distributor must comply with the provisions set

forth in Article XXVIII-A of the Oklahoma Constitution and the

Oklahoma Alcoholic Beverage Control Act. The interim license shall
ed

products by line-item, consistent with Section 3-116.2 of this

title, on September 15, 2018, for sale effective October 1, 2018.

In order to qualify for an interim license, the wine and spirits

wholesaler and beer distributor must comply with the provisions set

forth in Article XXVIII-A of the Oklahoma Constitution and the

Oklahoma Alcoholic Beverage Control Act. The interim license shall

convert to a full license on October 1, 2018.

Provided, however, that a brewer is only permitted to sell beer

or cider to a beer distributor holding a valid interim license

pursuant to this section as follows:

a. such sales may begin no sooner than September 1, 2018,

b. the beer distributor either must be assigned a beer

distributor territory by the brewer pursuant to a

distributor agreement to begin October 1, 2018, or be

a brewer or an affiliate of a brewer that will be

permitted to distribute beer within two territories

pursuant to the provisions of subsection E of Section

3-108 of this title, and

c. the interim license only permits sales to retailers by

the interim licensee either in the distribution

territory as set forth in the distributor agreement or

in the two territories permitted pursuant to the

provisions of subsection E of Section 3-108 of this

title.

I. No retail wine or retail beer licensee may sell wine and/or

beer, other than low-point beer, and no package store may sell

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 16

refrigerated wine and/or beer, prior to October 1, 2018. The sale

or refrigeration of wine and/or beer in violation of this subsection

shall result in the revocation of the interim license and a monetary

fine of Twenty-five Thousand Dollars ($25,000.00).