§37A-6-103. Prohibited acts of retail spirits licensees.
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/ok/title-37a-alcoholic-beverages/37a-6-103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. No retail spirits licensee shall:
1. Purchase or receive any alcoholic beverage other than from a wine and spirits wholesaler, beer distributor, winery or small brewer self-distribution licensee who elects to self-distribute;
2. Suffer or permit any retail container to be opened, or any alcoholic beverage to be consumed on the licensed premises, except when serving samples as authorized by Section 2-109 of this title or otherwise permitted by law; provided, the licensee shall not permit any alcoholic beverage content or retail container unsealed in connection with sampling authorized by Section 2-109 of this title to remain on the licensed premises at the close of business on that day, excluding spirits;
3. Sell any alcoholic beverages at any hour other than between the hours of 8:00 a.m. and midnight Monday through Saturday, and shall not be permitted to be open on Thanksgiving Day or Christmas Day; provided, a county may, pursuant to the provisions of subsections B and C of Section 3-124 of this title, elect to allow such sales between the hours of noon and midnight on Sunday. Retail spirits licensees shall be permitted to sell alcoholic beverages on the day of any General, Primary, Runoff Primary or Special Election whether on a national, state, county or city election, provided that the election day does not occur on any day on which such sales are otherwise prohibited by law;
4. Sell spirits in a city or town, unless such city or town has a population in excess of two hundred
(200)according to the latest Federal Decennial Census;
5. Sell any alcoholic beverage on credit; provided, that acceptance by a licensee of a cash or debit card or a nationally recognized credit card in lieu of actual cash payment does not constitute the extension of credit; provided, further, as used in this section:
a.
“cash or debit card” means any instrument or device
whether known as a debit card or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
b. “nationally recognized credit card” means any
instrument or device, whether known as a credit card,
credit plate, charge plate or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services or
anything else of value on credit which is accepted by
over one hundred retail locations;
6. Offer or furnish any prize, premium, gift or similar inducement to a consumer in connection with the sale of alcoholic beverages, except that goods or merchandise included by the manufacturer in packaging with alcoholic beverages or for packaging with alcoholic beverages shall not be included in this prohibition, but no wholesaler or retailer shall sell any alcoholic beverage prepackaged with other goods or merchandise at a price which is greater than the price at which the alcoholic beverage alone is sold; provided, it shall not be considered inducement or a premium for a retail spirits licensee to have an advertised price posted higher online than the shelf price on the licensed premises; or
7. Pay for alcoholic beverages by a check or draft which is dishonored by the drawee when presented to such drawee for payment; and the ABLE Commission may cancel or suspend the license of any retailer who has given a check or draft, as maker or endorser, which is so dishonored upon presentation.
B. No retail spirits licensee shall permit any person under twenty-one
(21)years of age to enter into or remain within or about the licensed premises unless accompanied by the person’s parent or legal guardian; provided, however, this restriction shall not apply to an employee of a licensed beer distributor or wine and spirits wholesaler who:
1. Is at least eighteen
(18)years of age;
2. Is accompanied by a coworker at least twenty-one
(21)years of age; and
3. Enters for the sole purpose of merchandising or delivering product to the licensee in the normal course of business. Added by Laws 2016, c. 366, § 143, eff. Oct. 1, 2018. Amended by Laws 2017, c. 84, § 2, eff. Oct. 1, 2018; Laws 2017, c. 340, § 2, eff. Oct. 1, 2018; Laws 2019, c. 237, § 1, eff. Nov. 1, 2019; Laws 2021, c. 434, § 2, eff. Nov. 1, 2021; Laws 2022, c. 82, § 1, emerg. eff. April 25, 2022; Laws 2023, c. 200, § 1, eff. Nov. 1, 2023.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.