Okla. Stat. tit. 37A, § 37A-2-146

distributor, retail spirits, retail wine or retail beer license.

A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission

shall refuse to issue a wine and spirits wholesaler, beer

distributor, retail spirits, retail wine or retail beer license,

either on an original application or a renewal application, if it

has reasonable grounds to believe and finds any of the following to

be true:

1. Except in the case of a beer distributor, that the applicant

is not a citizen of the United States or is not a qualified elector

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 77

in this state, or has not been a continuous resident of this state

for the five (5) years next preceding the application for the

license;

2. That the applicant is under twenty-one (21) years of age;

3. That the applicant or any partner, or spouse of the

applicant or any partner, has been convicted of a felony;

4. That the applicant or any partner, or spouse of the

applicant or any partner, has been convicted of a violation of any

state or federal law relating to alcoholic beverages, has forfeited

a bond while any charge of such violation was pending, nor may any

license be granted for any purpose under the Oklahoma Alcoholic

Beverage Control Act to an Oklahoma resident, who has held or whose

spouse has held a Federal Liquor Stamp in Oklahoma before the

adoption of Article XXVIII-A of the Oklahoma Constitution unless the

Liquor Stamp was granted for supplying alcoholic beverages to a

federal military installation, or was granted under the Oklahoma

Alcoholic Beverage Control Act;

5. That the applicant or any partner has, within twelve (12)

months next preceding the date of the application, violated any

provision of the Oklahoma Alcoholic Beverage Control Act or rule of

the ABLE Commission promulgated pursuant hereto. Provided, however,

that if the ABLE Commission has, during such twelve-month period,

suspended any license sought to be renewed, such renewal application

may be approved if the term of the suspension has been completed and

the applicant has complied with any special conditions imposed in

connection with the suspension;

6. That the applicant is in the habit of using alcoholic

beverages to excess or is mentally incapacitated;

7. That the applicant does not own or have a written lease for

the premises for which a license is sought;

8. That the applicant, within twelve (12) months next preceding

the date of application, has been the holder of a license revoked

for cause;

9. That the applicant is not the real party in interest, or

intends to carry on the business authorized by the license as the

agent of another;

10. That the applicant, in the case of an application for

renewal of any license, would not be eligible for such license on a

first application;

11. That the applicant is a person who appoints or is a law

enforcement official or is an employee of the ABLE Commission;

12. That the proposed location of the licensed premises would

violate a valid municipal nondiscriminatory zoning ordinance;

13. That, in the case of an application for a wine and spirits

wholesaler license or beer distributor license, any brewer or

manufacturer, including an officer, director or principal

stockholder thereof or any partner, has any financial interest in

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 78

the business to be conducted under the license, unless otherwise

permitted by law;

14. That the issuance of the license applied for would result

in a violation of any provision of the Oklahoma Alcoholic Beverage

Control Act;

15. That, in the case of an application for a wine and spirits

wholesaler or beer distributor license, the applicant or any

partner, or spouse of the applicant or any partner, is the holder or

partner of the holder of any other class of license issued under the

provisions of the Oklahoma Alcoholic Beverage Control Act, other
on of any provision of the Oklahoma Alcoholic Beverage

Control Act;

15. That, in the case of an application for a wine and spirits

wholesaler or beer distributor license, the applicant or any

partner, or spouse of the applicant or any partner, is the holder or

partner of the holder of any other class of license issued under the

provisions of the Oklahoma Alcoholic Beverage Control Act, other

than an agent or employee license for employment by the applicant,

or a storage license, bonded warehouse license, carrier license or

private carrier license; provided, nothing shall prohibit a wine and

spirits wholesaler, who is otherwise qualified, from maintaining

beer distributor licenses in the state, nor a beer distributor, who

is otherwise qualified, from maintaining a wine and spirits

wholesaler license in the state;

16. That, in the case of an application for a retail spirits,

retail wine or retail beer license, the applicant or any partner is

the holder or partner of the holder, or employee of such holder of

any other class of license issued under the provisions of the

Oklahoma Alcoholic Beverage Control Act, other than a storage

license or an employee license for the proposed licensed premises of

the applicant, provided, nothing in this title shall prohibit an

applicant for a retail wine and/or retail beer license from

maintaining a separate mixed beverage, caterer, mixed

beverage/caterer combination license, and/or an on-premises beer and

wine license; or

17. That the applicant or any partner, spouse, employee or

other person affiliated with the applicant is not in compliance with

the tax laws of this state as required in Article XXVIII-A of the

Oklahoma Constitution.

B. A beer distributor licensee and wine and spirits wholesaler

licensee under common ownership shall not be limited in the types of

business entities which may obtain a wine and spirits wholesaler

license. Nothing in this subsection shall be construed to apply to

a retail spirits license due to the need for strict liability

related to sales directly to consumers and in the interest of public

safety.

C. The provisions of this section shall not operate to prohibit

the issuance of a beer distributor license to a corporation or

partnership or limited liability company.