Okla. Stat. tit. 37A, § 37A-2-139

establishment - Minimum distance from schools or churches.

A. It shall be unlawful for any mixed beverage establishment,

beer and wine establishment or bottle club which has been licensed

by the ABLE Commission and which has as its main purpose the selling

or serving of alcoholic beverages for consumption on the premises,

or package store, to be located within three hundred (300) feet of

any public or private school or church property primarily and

regularly used for worship services and religious activities;

however, a college or university located within an improvement

district created pursuant to Section 39-103.1 of Title 11 of the

Oklahoma Statutes may waive the three-hundred-foot requirement by

providing written notice to the establishment seeking the license

and to the ABLE Commission; further, a church may waive the three-

hundred-foot requirement by providing written notice to the

establishment seeking the license and to the ABLE Commission.

Provided, a college or university or church prior to waiving the

three-hundred-foot requirement found in this subsection shall

publish a notice of its intention to waive such requirement in a

legal newspaper of general circulation within the state at least

thirty (30) days but no more than forty (40) days prior to providing

any written notice, waiving the three-hundred-foot requirement, to

the establishment seeking the license or to the ABLE Commission. As

used in this subsection "legal newspaper of general circulation

within this state" means a newspaper meeting the requisites of a

newspaper for publication of legal notices as prescribed in Section

106 of Title 25 of the Oklahoma Statutes in a majority of the

counties in this state.

B. The distance indicated in this section shall be measured

from the nearest property line of such public or private school or

church to the nearest perimeter wall of the premises of any such

mixed beverage establishment, beer and wine establishment, bottle

club or package store which has been licensed to sell alcoholic

beverages.

C. The provisions of this section shall not apply to:

1. Mixed beverage establishments, beer and wine establishments,

or bottle clubs, which have been licensed to sell alcoholic

beverages for on-premises consumption or retail package stores prior

to November 1, 2000; provided, if at the time of application for

license renewal the licensed location has not been in actual

operation for a continuous period of more than sixty (60) days, the

license shall not be renewed; or

2. Establishments licensed prior to October 1, 2018, to sell

low-point beer which were permitted to be located within three

hundred (300) feet of any public or private school or church

property primarily and regularly used for worship services and

religious activities, pursuant to the provisions of Section 163.27

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 68

of Title 37 of the Oklahoma Statutes. Such establishments shall be

permitted to have any license in effect on October 1, 2018,

transferred to a mixed beverage license; provided, if such an

establishment ceases to regularly be open to the public or changes

ownership, the provisions of this paragraph shall cease to apply.

D. If any school or church shall be established within three

hundred (300) feet of any package store, mixed beverage

establishment, beer and wine establishment or bottle club subject to

the provisions of this section after such package store, mixed

beverage establishment, beer and wine establishment or bottle club

has been licensed, the provisions of this section shall not be a

deterrent to the renewal of such license if there has not been a

lapse of more than sixty (60) days. When any mixed beverage

establishment, beer and wine establishment or bottle club subject to

the provisions of this section which has a license to sell alcoholic

beverages for on-premises consumption, or package store, changes
b

has been licensed, the provisions of this section shall not be a

deterrent to the renewal of such license if there has not been a

lapse of more than sixty (60) days. When any mixed beverage

establishment, beer and wine establishment or bottle club subject to

the provisions of this section which has a license to sell alcoholic

beverages for on-premises consumption, or package store, changes

ownership or the operator thereof is changed and such change of

ownership results in the same type of business being conducted on

the premises, the provisions of this section shall not be a

deterrent to the issuance of a license to the new owner or operator

if he or she is otherwise qualified.

E. 1. Any interested party may protest the application for or

granting of a license for a package store, or for a mixed beverage

establishment, beer and wine establishment or bottle club which has

as its main purpose the selling or serving of alcoholic beverages

for consumption on the premises, based on an alleged violation of

this section. To be considered by the ABLE Commission, the protest

must:

a. be submitted in writing,

b. be signed by the person protesting,

c. contain the mailing address and address of residence,

if different from the mailing address of the

protester,

d. contain the title of the person signing the protest,

if the person is acting in an official capacity as a

church or school official, and

e. contain a concise statement explaining why the

application is being protested.

2. Within thirty (30) days of the date of receipt of a written

protest, the ABLE Commission shall conduct a hearing on the protest

if the protest meets the requirements of paragraph 1 of this

subsection.

3. As used in this subsection, "interested party" means:

a. a parent or legal guardian whose child or children

attend the church or school which is alleged to be

closer to the mixed beverage establishment or bottle

club which has as its main purpose the selling or

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 69

serving of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section,

b. an official of a church which is alleged to be closer

to the mixed beverage establishment or bottle club

which has as its main purpose the selling or serving

of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section, or

c. an official of a school which is alleged to be closer

to the mixed beverage establishment or bottle club

which has as its main purpose the selling or serving

of alcoholic beverages for consumption on the

premises, or package store, than is allowed by this

section.