Okla. Stat. tit. 37A, § 37A-6-114

for selling or distributing alcoholic beverages - Admission charge

in determining purpose – Exceptions.

A. 1. If the premises of a licensee of the ABLE Commission

contains a separate or enclosed lounge or bar area, which has as its

main purpose the sale or distribution of alcoholic beverages for on-

premises consumption, notwithstanding that as an incidental service,

meals or short order foods are made available therein, no person

under twenty-one (21) years of age shall be admitted to such area,

except for members of a musical band employed or hired as provided

in paragraph 2 of Section 6-102 of this title when the band is to

perform within such area, employees of a beer distributor or wine

and spirits wholesaler who are at least eighteen (18) years of age

and enter for the purpose of merchandising or delivering product to

the licensee in the normal course of business, or persons under

twenty-one (21) years of age who are on the licensed premises for

the limited purpose of performing maintenance, construction,

remodeling, painting or other similar services relating to the

building or equipment installation, repair or maintenance on the

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 195

premises during those hours when the licensed establishment is

closed for business. The provisions of this section shall not

prohibit persons under twenty-one (21) years of age from being

admitted to an area which has as its main purpose some objective

other than the sale or mixing or serving of alcoholic beverages, in

which sales or serving of alcoholic beverages are incidental to the

main purpose, as long as the persons under twenty-one (21) years of

age are not sold or served alcoholic beverages. The incidental

service of food in the bar area shall not exempt a licensee from the

provisions of this section. The ABLE Commission shall have the

authority to designate the portions of the premises of a licensee

where persons under twenty-one (21) years of age shall not be

admitted pursuant to this section. When determining a licensee's

main purpose, a licensee that operates a full kitchen, sells food

items from a full menu, and has thirty-five percent (35%) or more of

its monthly gross sales attributable to food items, shall have as

its main purpose other than the sale of alcoholic beverages. The

main purpose of those mixed beverage establishments whose main

purpose was other than the sale of alcoholic beverages prior to

October 1, 2018, shall not automatically lose that designation upon

the elimination of low-point beer in the state. If the ABLE

Commission wishes to change the mixed beverage establishments' main

purpose designation, it shall be the burden of the ABLE Commission

to prove by clear and convincing evidence that the mixed beverage

establishments no longer qualify for that designation.

2. A new licensee that claims as its main purpose some

objective other than the sale of alcoholic beverages may be granted

a separate or enclosed lounge or bar area for a period of ninety
tablishments' main

purpose designation, it shall be the burden of the ABLE Commission

to prove by clear and convincing evidence that the mixed beverage

establishments no longer qualify for that designation.

2. A new licensee that claims as its main purpose some

objective other than the sale of alcoholic beverages may be granted

a separate or enclosed lounge or bar area for a period of ninety

(90) days. At the end of that ninety-day period, the licensee shall

have the burden of showing that the business continues to qualify

for a separate or enclosed bar area. If the licensee fails to

satisfy this burden, then that licensee's main purpose shall

automatically convert to the sale of alcoholic beverages.

B. Except as otherwise provided, an admission charge shall not

be considered in any calculation designed to determine the main

purpose of an establishment pursuant to subsection A of this

section. As used in this section, "admission charge" means any form

of consideration received by an establishment from a person in order

for that person to gain entrance into the establishment.

C. The provisions of subsection B of this section shall not

apply:

1. If only persons eighteen (18) years of age or older are

permitted to enter the licensed premises; provided, if the licensee

is claiming an exception from the requirements of subsection B of

this section pursuant to this paragraph and fails to restrict the

entry by persons under age eighteen (18) into the licensed premises,

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 196

the ABLE Commission shall designate that only persons twenty-one

(21) years of age or older are allowed on the licensed premises;

2. If the licensed premises are owned or operated by a service

organization or fraternal establishment which is exempt under

Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or

3. To a public event held in a facility owned or operated by

any agency, political subdivision or public trust of this state.

D. The ABLE Commission shall promulgate rules necessary to

implement the provisions of this section.