Okla. Stat. tit. 37A, § 37A-2-148
This is the official text of Okla. Stat. tit. 37A, § 37A-2-148, 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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Grounds to revoke or suspend licenses
Official statutory text
A. Any license issued pursuant to the provisions of the
Oklahoma Alcoholic Beverage Control Act by the ABLE Commission,
after due notice and hearing, may be revoked or suspended if the
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 81
ABLE Commission finds or has grounds to believe that the licensee
has:
1. Procured a license through fraud, or misrepresentation, or
concealment of a material fact;
2. Made any false representation or statement to the ABLE
Commission or the Oklahoma Tax Commission in order to prevent or
induce action by the ABLE Commission or the Tax Commission;
3. Maintained an unsanitary establishment or has supplied
impure or otherwise deleterious beverages or food;
4. Stored, possessed, mixed or served on the premises of a
bottle club any alcoholic beverage upon which the tax levied by
Section 5-101 of this title has not been paid as provided for in the
Oklahoma Alcoholic Beverage Control Act, in a county of this state
where the sale of alcoholic beverages by the individual drink for
on-premises consumption has not been authorized;
5. Misrepresented to a customer or the public any alcoholic
beverage sold by the licensee;
6. Had any permit or license issued by the Tax Commission and
required by the Oklahoma Alcoholic Beverage Control Act, suspended
or revoked by the Tax Commission; or
7. Is not in compliance with the tax laws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
B. The ABLE Commission may revoke or suspend the license of any
mixed beverage, caterer or bottle club licensee if the ABLE
Commission finds or has grounds to believe that such licensee:
1. Has acted as an agent of a manufacturer, brewer or
wholesaler of alcoholic beverages;
2. Is a manufacturer, brewer or wholesaler of alcoholic
beverages;
3. Has borrowed money or property or accepted gratuities or
rebates from a manufacturer, brewer or wholesaler of alcoholic
beverages;
4. Has obtained the use of equipment from any manufacturer,
brewer or wholesaler of alcoholic beverages or any agent thereof;
5. Has violated any of the provisions of the Oklahoma Alcoholic
Beverage Control Act for which mandatory revocation or suspension is
not required;
6. Has been convicted within the past twenty-five (25) years,
of a violation of any state or federal law relating to alcoholic
beverage for which mandatory revocation or suspension is not
required; or
7. Is not in compliance with the tax laws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
C. The ABLE Commission may revoke or suspend the license of any
retail, mixed beverage, caterer or bottle club licensee if the ABLE
Commission finds or has grounds to believe that such licensee has
borrowed money or property or accepted gratuities, discounts,
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 82
rebates, free goods, allowances or other inducements from a wine and
spirits wholesaler or beer distributor.
D. The ABLE Commission shall have the authority to revoke the
license of any licensee if the ABLE Commission finds:
1. That the licensee knowingly sold alcoholic beverages or
allowed such beverages to be sold, delivered or furnished to any
person under the age of twenty-one (21) years or to any person
visibly intoxicated or adjudged insane or mentally deficient;
2. That the licensee, any general or limited partner of the
licensee, or in the case of a corporation, an officer or director of
the corporation, has been convicted of a felony or is not in
compliance with the tax laws of this state as required in Article
XXVIII-A of the Oklahoma Constitution. Provided, an employee
license may be issued and held by a person who has been convicted of
a felony if such conviction was not for a violent offense specified
in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes
or an offense under the provisions of this title;
or is not in
compliance with the tax laws of this state as required in Article
XXVIII-A of the Oklahoma Constitution. Provided, an employee
license may be issued and held by a person who has been convicted of
a felony if such conviction was not for a violent offense specified
in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes
or an offense under the provisions of this title;
3. That, in the case of a wine and spirits wholesaler, beer
distributor, retail spirits, retail wine or retail beer licensee,
the holder of the license or any member of a general or limited
partnership which is the holder of such a license, has been
convicted of a prohibitory law relating to the sale, manufacture or
transportation of alcoholic beverages which constitutes a felony.
E. If the ABLE Commission shall find by a preponderance of the
evidence as in civil cases that a licensee has knowingly sold any
alcoholic beverage to any person under the age of twenty-one (21)
years, after a public hearing, the ABLE Commission shall have the
discretion as to the revocation of a license or administration of
fines.
F. The ABLE Commission shall have the authority to promulgate
rules to establish a penalty schedule for violations of any
provision of the Oklahoma Alcoholic Beverage Control Act or any rule
of the ABLE Commission. The schedule shall provide for suspension
or revocation of any license for major and minor violations as
determined by the ABLE Commission. Penalties shall be increasingly
severe with each violation by a licensee.
Provided, that for a fourth major violation by a licensee within
a twenty-four-month period, the penalty shall be mandatory
revocation of license. The twenty-four-month period shall be
calculated from the date of the most recent violation as set forth
in an order signed by the Director or the designee of the Director.
G. The ABLE Commission or the Tax Commission may impose a
monetary penalty in lieu of or in addition to suspension of a
license. The amount of the fine for a major violation shall be
computed by multiplying the proposed number of days of the
suspension period by One Hundred Dollars ($100.00). The amount of
the fine for a minor violation shall be computed by multiplying the
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 83
number of days of the proposed suspension period by Fifty Dollars
($50.00).
H. The failure of any licensee to pay a fine or serve a
suspension imposed by the ABLE Commission or the Tax Commission
shall result in the revocation of the license of the licensee.
I. If the ABLE Commission or the Tax Commission finds that
public health, safety or welfare require emergency action, and
incorporates a finding to that effect in its order, summary
suspension of a license may be ordered pending proceeding for
revocation or other action, pursuant to the provisions of Section
314 of Title 75 of the Oklahoma Statutes.
Oklahoma Alcoholic Beverage Control Act by the ABLE Commission,
after due notice and hearing, may be revoked or suspended if the
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 81
ABLE Commission finds or has grounds to believe that the licensee
has:
1. Procured a license through fraud, or misrepresentation, or
concealment of a material fact;
2. Made any false representation or statement to the ABLE
Commission or the Oklahoma Tax Commission in order to prevent or
induce action by the ABLE Commission or the Tax Commission;
3. Maintained an unsanitary establishment or has supplied
impure or otherwise deleterious beverages or food;
4. Stored, possessed, mixed or served on the premises of a
bottle club any alcoholic beverage upon which the tax levied by
Section 5-101 of this title has not been paid as provided for in the
Oklahoma Alcoholic Beverage Control Act, in a county of this state
where the sale of alcoholic beverages by the individual drink for
on-premises consumption has not been authorized;
5. Misrepresented to a customer or the public any alcoholic
beverage sold by the licensee;
6. Had any permit or license issued by the Tax Commission and
required by the Oklahoma Alcoholic Beverage Control Act, suspended
or revoked by the Tax Commission; or
7. Is not in compliance with the tax laws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
B. The ABLE Commission may revoke or suspend the license of any
mixed beverage, caterer or bottle club licensee if the ABLE
Commission finds or has grounds to believe that such licensee:
1. Has acted as an agent of a manufacturer, brewer or
wholesaler of alcoholic beverages;
2. Is a manufacturer, brewer or wholesaler of alcoholic
beverages;
3. Has borrowed money or property or accepted gratuities or
rebates from a manufacturer, brewer or wholesaler of alcoholic
beverages;
4. Has obtained the use of equipment from any manufacturer,
brewer or wholesaler of alcoholic beverages or any agent thereof;
5. Has violated any of the provisions of the Oklahoma Alcoholic
Beverage Control Act for which mandatory revocation or suspension is
not required;
6. Has been convicted within the past twenty-five (25) years,
of a violation of any state or federal law relating to alcoholic
beverage for which mandatory revocation or suspension is not
required; or
7. Is not in compliance with the tax laws of this state as
required in Article XXVIII-A of the Oklahoma Constitution.
C. The ABLE Commission may revoke or suspend the license of any
retail, mixed beverage, caterer or bottle club licensee if the ABLE
Commission finds or has grounds to believe that such licensee has
borrowed money or property or accepted gratuities, discounts,
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 82
rebates, free goods, allowances or other inducements from a wine and
spirits wholesaler or beer distributor.
D. The ABLE Commission shall have the authority to revoke the
license of any licensee if the ABLE Commission finds:
1. That the licensee knowingly sold alcoholic beverages or
allowed such beverages to be sold, delivered or furnished to any
person under the age of twenty-one (21) years or to any person
visibly intoxicated or adjudged insane or mentally deficient;
2. That the licensee, any general or limited partner of the
licensee, or in the case of a corporation, an officer or director of
the corporation, has been convicted of a felony or is not in
compliance with the tax laws of this state as required in Article
XXVIII-A of the Oklahoma Constitution. Provided, an employee
license may be issued and held by a person who has been convicted of
a felony if such conviction was not for a violent offense specified
in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes
or an offense under the provisions of this title;
or is not in
compliance with the tax laws of this state as required in Article
XXVIII-A of the Oklahoma Constitution. Provided, an employee
license may be issued and held by a person who has been convicted of
a felony if such conviction was not for a violent offense specified
in paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes
or an offense under the provisions of this title;
3. That, in the case of a wine and spirits wholesaler, beer
distributor, retail spirits, retail wine or retail beer licensee,
the holder of the license or any member of a general or limited
partnership which is the holder of such a license, has been
convicted of a prohibitory law relating to the sale, manufacture or
transportation of alcoholic beverages which constitutes a felony.
E. If the ABLE Commission shall find by a preponderance of the
evidence as in civil cases that a licensee has knowingly sold any
alcoholic beverage to any person under the age of twenty-one (21)
years, after a public hearing, the ABLE Commission shall have the
discretion as to the revocation of a license or administration of
fines.
F. The ABLE Commission shall have the authority to promulgate
rules to establish a penalty schedule for violations of any
provision of the Oklahoma Alcoholic Beverage Control Act or any rule
of the ABLE Commission. The schedule shall provide for suspension
or revocation of any license for major and minor violations as
determined by the ABLE Commission. Penalties shall be increasingly
severe with each violation by a licensee.
Provided, that for a fourth major violation by a licensee within
a twenty-four-month period, the penalty shall be mandatory
revocation of license. The twenty-four-month period shall be
calculated from the date of the most recent violation as set forth
in an order signed by the Director or the designee of the Director.
G. The ABLE Commission or the Tax Commission may impose a
monetary penalty in lieu of or in addition to suspension of a
license. The amount of the fine for a major violation shall be
computed by multiplying the proposed number of days of the
suspension period by One Hundred Dollars ($100.00). The amount of
the fine for a minor violation shall be computed by multiplying the
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 83
number of days of the proposed suspension period by Fifty Dollars
($50.00).
H. The failure of any licensee to pay a fine or serve a
suspension imposed by the ABLE Commission or the Tax Commission
shall result in the revocation of the license of the licensee.
I. If the ABLE Commission or the Tax Commission finds that
public health, safety or welfare require emergency action, and
incorporates a finding to that effect in its order, summary
suspension of a license may be ordered pending proceeding for
revocation or other action, pursuant to the provisions of Section
314 of Title 75 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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