Okla. Stat. tit. 37A, § 37A-6-109

bottle club, caterer, charitable event, public event or special

event licensees or employee, manager, operator or agent thereof.

No mixed beverage, beer and wine, bottle club, caterer,

charitable event, public event or special event licensee or any

employee, manager, operator or agent thereof shall:

1. Consume or be under the influence of alcoholic beverages

during the hours he or she is on duty. For the purposes of this

section, licensees will be deemed to be on duty from the time the

licensee first comes on duty until the time the licensee goes off

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 190

duty at the end of the shift including any break periods permitted

by management. This paragraph shall not apply for purposes of

employee education training; provided, that:

a. all tastings are conducted on a licensed premises and

under the direct supervision of the licensee,

b. all samples shall be poured by a licensee who is

lawfully permitted to serve alcoholic beverages in

this state,

c. all tastings shall be restricted to employees who are

twenty-one (21) years of age or older,

d. all participation in tastings for educational purposes

may be required by an employer; however, the choice to

taste or consume alcoholic beverages shall always be

voluntary, and

e. no employee may be required to taste or consume

alcohol at tastings as a condition of employment.

An educational tasting of beer may consist of not more than six

separate individual beers of not more than two (2) ounces each,

served together at one time. No employee may sample more than a

total of twelve (12) fluid ounces of beer per day. An educational

tasting of wine may consist of not more than six separate individual

wines of not more than one (1) ounce each, served together at one

time. No employee may sample more than a total of six (6) fluid

ounces of wine per day. An educational tasting of spirits shall

consist of not more than three separate individual spirits of not

more than one-half (0.5) ounce each, served together at one time.

No employee may sample more than a total of one and one-half (1.5)

fluid ounces of spirits per day. An education tasting of a mixed

beverage shall consist of not more than one individual mixed

beverage consisting of not more than twelve (12) ounces of beer, six

(6) ounces of wine, or one and one-half (1.5) ounces of spirits,

combined with an unlimited amount of ingredients that are non-

alcoholic in nature, served at one time. No employee may sample

more than a total of twelve (12) ounces of beer, six (6) ounces of

wine, or one and one-half (1.5) ounces of spirits in a mixed

beverage per day. Only one type of alcoholic beverage, beer, wine,

spirits, or mixed beverage shall be allowed at any educational

training tasting. No combination tasting shall be allowed.

Employees who choose to taste an alcoholic beverage but do not wish

to consume the alcoholic beverage shall be allowed to spit the

beverage into a cup for disposal. Employees may participate in

educational tastings before, during, or after regular business hours

unless otherwise prohibited by law. All licensees serving samples

of beer shall ensure that all samples are poured only from original

sealed packaging and any alcoholic beverages remaining in unsealed

packaging used to provide samples, excluding spirits and wine, are

poured out by the end of the day. No more than six bottles of

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 191

alcoholic beverages may be unsealed at any given time during a

tasting. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,
. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,

and spirits samples shall not be considered withdrawn from the

inventory of the beer distributor or wine and spirits wholesaler for

purposes of the collection of the excise tax on beer, wine, and

spirits. Straw testing during operating hours shall be permitted.

Tastings offered to licensees by wine and spirits wholesalers and

beer distributors shall not be deemed discrimination or an

inducement under Section 3-123 of this title. This paragraph shall

not apply to any person who works on the premises as an entertainer

only;

2. Permit or tolerate any conduct or language which is intended

to threaten another with physical harm or any fighting or offensive

physical contact, in or upon the licensed premises or areas just

outside the licensed premises which are controlled by the licensee;

3. Permit empty or discarded alcoholic beverage containers to

be in public view outside the licensed premises. All empty or

discarded containers shall be disposed of in accordance with ABLE

Commission rules and regulations;

4. Permit any illegal gambling activity, violations of the

state narcotic and dangerous drug laws, prostitution activity or any

other criminal conduct to occur on the licensed premises;

5. Refuse or fail to promptly open a door to the licensed

premises upon request of an employee of the ABLE Commission or any

other peace officer to enter the premises when the licensee or

employee knows or should know that such request is made by an

employee of the ABLE Commission or a peace officer. This provision

shall not be construed to deny employees of the ABLE Commission or

peace officers access at any time to any licensed premises;

6. Permit a sealed or unsealed container of alcoholic beverage

to be removed from the licensed premises. Provided, that

restaurants, hotels and motels may permit the removal of closed

original wine containers the contents of which have been partially

consumed and bottle clubs may permit the removal by a club member of

closed original containers of alcoholic beverages belonging to

members. The provisions of this paragraph shall not be construed to

prohibit or restrict:

a. hotels or motels who are holders of mixed beverage or

on-premises beer and wine licenses from allowing

alcoholic beverages to be served away from the bar

area anywhere on the licensed premises,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 192

b. licensees, who are lawfully operating in a facility or

on property owned or operated by any agency, political

subdivision or public trust of this state, from

allowing persons to transport alcoholic beverages from

one licensed premises to another within the same

building or property, provided that the building or

property or a part thereof is defined as a common

drinking area for consumption of alcohol by resolution

of the governing body of the agency, political

subdivision or public trust of this state,

c. licensees, who are licensed to operate in a facility

or on property owned or operated by any agency,

political subdivision or public trust of this state,

from allowing other licensees to operate on their

licensed premises for events that are temporary in

nature. In the event that multiple licensees are

operating in a facility or on property owned or

operated by any agency, political subdivision or

public trust of this state, each licensee shall be

responsible for violations occurring in their area

designated to be their temporary licensed premises, or

d. licensees, who are lawfully operating in a facility or
for events that are temporary in

nature. In the event that multiple licensees are

operating in a facility or on property owned or

operated by any agency, political subdivision or

public trust of this state, each licensee shall be

responsible for violations occurring in their area

designated to be their temporary licensed premises, or

d. licensees, who are lawfully operating in a facility or

property intended for multiple licensed premises

within the facility and which also contains a common

use area, from allowing persons to transport alcoholic

beverages within the entire premises, which shall be

designated by the ABLE Commission as a common drinking

area for the consumption of alcoholic beverages.

Provided further, the property owner and all licensees

licensed within the facility or property desiring the

entire premises be designated a common drinking area

shall notify the ABLE Commission in writing of their

consent prior to such area being designated a common

drinking area; or

7. Destroy, damage, alter, remove or conceal potential

evidence, or attempt to do so, or refuse to surrender evidence when

lawfully requested to do so by an inspector, agent or any other

peace officer or incite another person to do any of the above.