Okla. Stat. tit. 63, § 63-1-229.22

A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission is

authorized and empowered to enforce the provisions of Section 1-

229.11 et seq. of this title. The ABLE Commission shall enforce

those provisions in a manner that can reasonably be expected to

reduce the extent to which tobacco products, nicotine products or

vapor products are sold or distributed to persons under twenty-one

(21) years of age.

B. The ABLE Commission may consider mitigating or aggravating

circumstances involved with the violation of the Prevention of Youth

Access to Tobacco Act when assessing penalties.

C. Any conviction for a violation of a municipal ordinance

authorized by the Prevention of Youth Access to Tobacco Act and any

compliance checks by a municipal police officer or a county sheriff

pursuant to subsection E of this section shall be reported in

writing to the ABLE Commission within thirty (30) days of such

conviction or compliance check. Such reports shall be compiled in

the manner prescribed by the ABLE Commission.

D. For the purpose of determining second or subsequent

violations, both the offenses penalized by the ABLE Commission as

administrative fines and the offenses penalized by municipalities

and towns and reported to the ABLE Commission, shall be considered

together in such determination.

E. Persons under twenty-one (21) years of age may be enlisted

by the ABLE Commission, a municipality or town, or a county to

assist in compliance checks and enforcement; provided, such persons

may be used to test compliance only if written parental consent has

been provided and the testing is conducted under the direct

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supervision of the ABLE Commission or conducted by another law

enforcement agency if such agency has given written notice to the

ABLE Commission in the manner prescribed by the ABLE Commission.

Municipalities which have enacted municipal ordinances in accordance

with the Prevention of Youth Access to Tobacco Act may conduct,

pursuant to rules of the ABLE Commission, compliance checks without

prior notification to the ABLE Commission and shall be exempt from

the written notice requirement in this subsection. This subsection

shall not apply to the use of persons under twenty-one (21) years of

age to test compliance if the compliance test is being conducted by

or on behalf of a retailer of cigarettes, as defined in Section 301

of Title 68 of the Oklahoma Statutes, at any location the retailer

of cigarettes is authorized to sell cigarettes. Any other use of

persons under twenty-one (21) years of age to test compliance shall

be unlawful and punishable by the ABLE Commission by assessment of

an administrative fine of One Hundred Dollars ($100.00).

F. At the beginning of each month, the Oklahoma Tax Commission,

pursuant to Section 205 of Title 68 of the Oklahoma Statutes, shall

provide to the ABLE Commission and to each municipality which has

ordinances concerning the Prevention of Youth Access to Tobacco Act,

the location, name, and address of each licensee licensed to sell

tobacco products, nicotine products or vapor products at retail or

otherwise furnish tobacco products, nicotine products or vapor

products. Upon violation of an employee at a location, the ABLE

Commission shall notify the storeowner for that location of the

latest and all previous violations when one of their employees has

been determined to be in violation of the Prevention of Youth Access

to Tobacco Act by the ABLE Commission or convicted of a violation by

a municipality. If the ABLE Commission fails to notify the licensee

of a violation by an employee, that violation shall not apply

against the licensee for the purpose of determining a license

suspension pursuant to Section 1-229.13 of this title. For purposes

of this subsection, notification shall be deemed given if the ABLE

Commission mails, by mail with delivery confirmation, the
lation by

a municipality. If the ABLE Commission fails to notify the licensee

of a violation by an employee, that violation shall not apply

against the licensee for the purpose of determining a license

suspension pursuant to Section 1-229.13 of this title. For purposes

of this subsection, notification shall be deemed given if the ABLE

Commission mails, by mail with delivery confirmation, the

notification to the address which is on file with the Oklahoma Tax

Commission of the licensee or sales tax permit holder of the

location at which the violation occurred and the ABLE Commission

receives delivery confirmation from the U.S. Postal Service.

G. Upon request of a storeowner or a municipality which has

enacted ordinances in accordance with the Prevention of Youth Access

to Tobacco Act, the ABLE Commission is hereby authorized to provide

information on any Prevention of Youth Access to Tobacco Act offense

of any applicant for employment or employee of the storeowner.

H. The ABLE Commission shall prepare for submission annually to

the Secretary of the United States Department of Health and Human

Services the report required by Section 1926 of the federal Public

Health Service Act (42 U.S.C. 300-26), and otherwise shall be

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responsible for ensuring the state's compliance with that provision

of federal law and any implementing of regulations promulgated by

the United States Department of Health and Human Services.