Okla. Stat. tit. 37A, § 37A-2-128
This is the official text of Okla. Stat. tit. 37A, § 37A-2-128, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
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On-premises beer and wine license
Official statutory text
A. An on-premises beer and wine license shall authorize the
holder thereof:
1. To purchase beer and wine in retail containers from the
holder of a wholesaler, beer distributor, small brewer self-
distribution or brewpub self-distribution license or as specifically
provided by law. The holder of an on-premises beer and wine license
issued for an establishment which is also a restaurant may purchase
wine from a winemaker who is permitted and has elected to self-
distribute as provided in Article XXVIII-A of the Oklahoma
Constitution; and
2. To sell, offer for sale and possess beer and wine for on-
premises consumption only; provided, an on-premises beer and wine
licensee may sell beer and wine for off-premises consumption if it
meets the classification of a golf course, country club, or marina
pursuant to subsection C of this section. The mixed beverage
licensee shall be permitted to sell beer and wine for off-premises
consumption during all days and hours in which a retail beer
licensee or retail wine licensee is permitted to sell beer or wine.
The gross receipts tax set forth in Section 5-105 of this title
shall apply to all alcoholic beverages sold by the on-premises beer
and wine licensee, whether those alcoholic beverages are intended
for on- or off-premises consumption. The ABLE Commission shall
promulgate rules for the implementation of a special off-premises
permit consistent with this subsection. The on-premises beer and
wine licensee shall secure the special off-premises permit prior to
selling beer and wine for off-premises consumption.
B. Sales and service of beer and wine by holders of on-premises
beer and wine licenses shall be limited to the licensed premises of
the licensee unless the holder of the on-premises beer and wine
license also obtains a caterer license. An on-premises beer and
wine license shall only be issued in counties of this state where
the sale of alcoholic beverages by the individual drink for on-
premises consumption has been authorized. A separate license shall
be required for each place of business. No spirits shall be stored,
possessed or consumed on the licensed premises of an on-premises
beer and wine license, unless the premises also has a mixed beverage
license.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 60
C. Holders of an on-premises beer and wine license with a
licensed premises on a business establishment that meets the
classification of a golf course or country club pursuant to the most
recently adopted North American Industry Classification System
(NAICS) may also sell beer in sealed original packages for on-
premises consumption. Such holders' sales of more than two (2)
sealed original packages to one person at one time for on-premises
consumption shall not be considered an unlawful inducement to
stimulate consumption of alcoholic beverages under the Oklahoma
Alcoholic Beverage Control Act, and patrons may remove sealed
original packages from the licensed premises.
holder thereof:
1. To purchase beer and wine in retail containers from the
holder of a wholesaler, beer distributor, small brewer self-
distribution or brewpub self-distribution license or as specifically
provided by law. The holder of an on-premises beer and wine license
issued for an establishment which is also a restaurant may purchase
wine from a winemaker who is permitted and has elected to self-
distribute as provided in Article XXVIII-A of the Oklahoma
Constitution; and
2. To sell, offer for sale and possess beer and wine for on-
premises consumption only; provided, an on-premises beer and wine
licensee may sell beer and wine for off-premises consumption if it
meets the classification of a golf course, country club, or marina
pursuant to subsection C of this section. The mixed beverage
licensee shall be permitted to sell beer and wine for off-premises
consumption during all days and hours in which a retail beer
licensee or retail wine licensee is permitted to sell beer or wine.
The gross receipts tax set forth in Section 5-105 of this title
shall apply to all alcoholic beverages sold by the on-premises beer
and wine licensee, whether those alcoholic beverages are intended
for on- or off-premises consumption. The ABLE Commission shall
promulgate rules for the implementation of a special off-premises
permit consistent with this subsection. The on-premises beer and
wine licensee shall secure the special off-premises permit prior to
selling beer and wine for off-premises consumption.
B. Sales and service of beer and wine by holders of on-premises
beer and wine licenses shall be limited to the licensed premises of
the licensee unless the holder of the on-premises beer and wine
license also obtains a caterer license. An on-premises beer and
wine license shall only be issued in counties of this state where
the sale of alcoholic beverages by the individual drink for on-
premises consumption has been authorized. A separate license shall
be required for each place of business. No spirits shall be stored,
possessed or consumed on the licensed premises of an on-premises
beer and wine license, unless the premises also has a mixed beverage
license.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 60
C. Holders of an on-premises beer and wine license with a
licensed premises on a business establishment that meets the
classification of a golf course or country club pursuant to the most
recently adopted North American Industry Classification System
(NAICS) may also sell beer in sealed original packages for on-
premises consumption. Such holders' sales of more than two (2)
sealed original packages to one person at one time for on-premises
consumption shall not be considered an unlawful inducement to
stimulate consumption of alcoholic beverages under the Oklahoma
Alcoholic Beverage Control Act, and patrons may remove sealed
original packages from the licensed premises.
Status: in_force · Read it on the official government site
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