Oklahoma § 37-537.1

§ 37-537.1.

Repealed by Laws 2016, c. 366, § 169, eff. Oct. 1, 2018.

§37-537.1A. Mixed beverage, beer and wine, bottle club, or event

licensee or their officer or agent - Prohibited acts.

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

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

by management. 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, or 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 agent or inspector of the Alcoholic

Beverage Laws Enforcement 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 agent or inspector of the ABLE

Commission or any other peace officer. This provision shall not be

construed to deny agents of the ABLE Commission or any other peace

officer 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 the

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

beer and wine licenses from allowing alcoholic

beverages to be served away from the bar area anywhere

on the licensed premises,

Oklahoma Statutes - Title 37. Intoxicating Liquors

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, or

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

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.

Added by Laws 2017, c. 205, § 5, emerg. eff. May 3, 2017.

NOTE: Laws 2017, c. 205, § 5 repealed by Laws 2017, c. 205, § 9,

eff. Oct. 1, 2018.