Okla. Stat. tit. 37A, § 37A-2-113

A. 1. A caterer license may be issued to any person for the

purpose of sale, delivery or distribution of alcoholic beverages

incidental to the sale or distribution of food on a premises not

licensed by the ABLE Commission. For purposes of this section,

"incidental to the sale or distribution of food" means food sales

constituting at least thirty-five percent (35%) of the caterer's

total combined annual sales. A caterer license shall not be issued

to a person whose main purpose is the sale of alcoholic beverages.

2. A caterer license may only be issued to those persons that

prepare, sell and distribute food for consumption either on licensed

or unlicensed premises. In order to renew a caterer license, annual

food sales must constitute at least thirty-five percent (35%) of the

caterer's total combined sales based on the most recent calendar

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 48

year. A caterer shall not be required to prepare, sell and

distribute food at every catered event as long as the caterer

satisfies the requirement set forth in this section.

3. Each caterer shall submit an annual sales report containing

revenue attributable to alcoholic beverages, food and all other

revenues attributable to the catering service. The annual sales

report must be submitted thirty (30) days prior to expiration of the

caterer license on forms prescribed by the ABLE Commission. The

caterer license may not be renewed if the caterer fails to provide

complete or sufficient financial data.

4. Each caterer shall submit a monthly event report containing

information on all events scheduled for the subsequent month. If an

event is scheduled after the first day of the month for an event to

occur in the same month, then the caterer shall report that event

within twenty-four (24) hours of scheduling the event or within

twenty-four (24) hours prior to the event, whichever occurs first.

The monthly event report shall be submitted on the first day of each

month.

5. All reports shall be submitted electronically on forms

prescribed by the ABLE Commission. Provided, if the caterer does

not have access to the Internet, then monthly reports must be

submitted by facsimile to the ABLE Commission's office in Oklahoma

City, in which case the caterer must retain a copy of the facsimile

confirmation sheet for at least twelve (12) months.

6. Any caterer who fails to submit a monthly report shall have

the caterer license automatically suspended until such time that the

caterer has fully complied with all reporting requirements. Any

caterer whose annual food sales do not exceed thirty-five percent

(35%) of his or her total annual combined sales shall not have the

caterer's license renewed.

B. The ABLE Commission shall promulgate rules governing the

application for and the issuance of caterer licenses.

C. The restrictions and rules which apply to the sale of mixed

beverages on the premises of a mixed beverage licensee also apply to

the sale under the authority of a caterer license. Any act which if

done on the premises of a mixed beverage licensee would be a ground

for revocation or suspension of the mixed beverage license is a

ground for revocation or suspension of a caterer license.

D. If the premises where the event being catered is held are

already operating pursuant to another type of license issued by the

ABLE Commission, the caterer and the other licensee shall both be

responsible for the actions of the caterer and shall both be subject

to penalties for violations by the caterer of the Oklahoma Alcoholic

Beverage Control Act and any rules promulgated thereto.

E. A caterer licensee may not store alcoholic beverages unless

the licensee has a storage license issued by the ABLE Commission. A

caterer licensee selling beer and cider to consumers shall only

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 49

purchase such beer and cider from the distributor or wholesaler
e Oklahoma Alcoholic

Beverage Control Act and any rules promulgated thereto.

E. A caterer licensee may not store alcoholic beverages unless

the licensee has a storage license issued by the ABLE Commission. A

caterer licensee selling beer and cider to consumers shall only

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 49

purchase such beer and cider from the distributor or wholesaler

within the county in which the licensee will be selling the beer and

cider to consumers.

F. A caterer may provide alcoholic beverage sales on the

premises of a person currently applying for an on-premises beer and

wine license, mixed beverage/caterer combination license, or mixed

beverage license, provided the following terms have been satisfied:

1. The caterer shall take reasonable steps to ensure that the

on-premises beer and wine applicant, mixed beverage/caterer

combination applicant, or mixed beverage applicant uses only

licensed employees to perform licensable activities while using the

caterer's license. The caterer shall use his or her best efforts to

attempt to have a licensed employee on-site supervising the sale of

such caterer's alcoholic beverages at all times, but the caterer

shall not be disciplined for failing to have a licensed employee on-

site. The caterer expressly acknowledges that he or she is liable

for all violations of the Oklahoma Alcoholic Beverage Control Act

and rules of the ABLE Commission that are committed by the on-

premises beer and wine applicant, the mixed beverage/caterer

combination applicant, or the mixed beverage applicant and its

employees during this period;

2. The caterer and the on-premises beer and wine applicant, the

mixed beverage/caterer combination applicant, or the mixed beverage

applicant must submit to the ABLE Commission a written agreement

setting forth all the terms of the catering agreement at least

twenty-four (24) hours prior to the commencement of the catered

event;

3. The caterer may not provide alcoholic beverage sales on the

unlicensed premises of the on-premises beer and wine applicant,

mixed beverage/caterer combination applicant, or the mixed beverage

applicant for more than sixty (60) days, or after the applicant's

license has been denied, whichever occurs first;

4. The caterer may be issued a storage license to be used to

store any alcoholic beverages purchased pursuant to this subsection

on the unlicensed premises of the applicant during the period of the

written agreement; and

5. Upon the issuance of a license to the on-premises beer and

wine applicant, the mixed beverage/caterer combination applicant, or

the mixed beverage applicant, any alcoholic beverages on the

licensed storage premises may be transferred by the caterer to the

on-premises beer and wine licensee, the mixed beverage/caterer

combination licensee, or the mixed beverage licensee consistent with

the provisions of Section 2-155 of this title.

G. A caterer may provide alcoholic beverage services for

temporary public events which have been licensed and approved by the

ABLE Commission.

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H. A caterer may provide alcoholic beverage services for a

mixed beverage licensee which holds a live performing arts

presentation and is open to the public not more than one hundred

twenty (120) days per year.

I. All alcoholic beverages served on the premises of an event

venue must be served by an ABLE-licensed mixed beverage licensee,

caterer licensee, or event bartender licensee. As a prerequisite to

the issuance of an event bartender license, not later than fourteen
ee which holds a live performing arts

presentation and is open to the public not more than one hundred

twenty (120) days per year.

I. All alcoholic beverages served on the premises of an event

venue must be served by an ABLE-licensed mixed beverage licensee,

caterer licensee, or event bartender licensee. As a prerequisite to

the issuance of an event bartender license, not later than fourteen

(14) days after initial licensure, the event bartender licensee

shall be required to have successfully completed an in-person

training program conducted by an entity approved by the ABLE

Commission. Proof of training completion shall be made available

for inspection by the ABLE Commission at the event venue location.

The failure of an event bartender to comply with this section may

constitute a revocable offense.