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Monthly Meetings Minutes

MINUTES OF THE ABLE COMMISSION MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 20, 2021. The agenda was posted on June 22, 2022, on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission’s Office Reception area, and the ABLE Commission website.

Chairman Graves called the meeting to order at 10:00 a.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: Devin Graves; James Willyard;  Jonathan Brooks; Matthew Crook; Keith Mitchell; and A. Ainslie Stanford II. The others present were: Tricia Everest, Cabinet Secretary for the Department of Public Safety for the State of Oklahoma; J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma;  Jose Almanzar, Homeland; Collin Graham, Oklahoma Restaurant Association; Cody Smith, LegisOK; Emily Morrow, Oklahoma Department of Mental Health & Substance Abuse Services; Sydney Lee, eCapitol; Justin Naifeh, Republic National Distributing Company; Audrey Renegar, Amber Integrated;  and Spencer Guinn, Guinn Strategies.  Oklahoma ABLE Commission employees attending were: Director Keith Burt; Assistant Director Brent Fairchild; Administrative Law Judge Luke Simms; Staff Attorney Andrew Koester; Captain Erik Smoot; Agent Kristen Wilson; and Office Assistants Shae Isaacs and Kimberly Yates.

Commissioner Willyard made a motion to approve the minutes from the May 20, 2022, Commission meeting. Commissioner Mitchell seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Abstain

Director Burt recognized Agent Melissa Galvez for 5 years of service to the State of Oklahoma.

Chairman Graves moved to Item #4, election of a Chairman for fiscal year 2023. Commissioner Brooks made a motion to nominate Commissioner Willyard for Chairman for fiscal year 2023. Commissioner Crook seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Abstain
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

Chairman Graves moved to Item #5, election of a Vice Chairman for fiscal year 2023. Commissioner Willyard made a motion to nominate Commissioner Brooks for Vice Chairman for fiscal year 2023. Commissioner Crook seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Abstain
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

Director Burt recognized Commissioner Devin Graves for his 10 years of service to the ABLE Commission and the State of Oklahoma.

Director Burt recognized new ABLE Commissioner A. Ainslie Stanford II and welcomed him to the ABLE Commission.

DIRECTOR’S REPORT:
- Director Burt recognized Staff Attorney Andrew Koester regarding clarification of the ambiguities concerning the prohibition from offering certain inducements. Mr. Koester provided the Commissioners with a letter submitted to the industry members regarding clarification of the allowed acts.

-  Director Burt introduced Assistant Director Brent Fairchild regarding the presentation of the new ABLE Commission badges. Mr. Fairchild had a major role in the design of the unique badges for the agents.

- Director Burt recognized Captain Erik Smoot. Captain Smoot, who is the liaison for the ABLE Commission for the Emergency Management Plan, gave  a brief synopsis of the duties that are required when the ABLE Commission is requested for assistance during critical or crucial times for Oklahoma.

- Director Burt informed the Commission of the recent status of the posting of the Director’s position.

- Captain Erik Smoot also discussed the updated penalties for tobacco in an effort to prevent underage tobacco use. 

-  Director Burt informed the Commission that a vote to allow alcohol Sunday sales in retail stores will take place on June 28, 2022 for 3 Oklahoma counties. An update will be provided at a later date.

- Director Burt stated that the next meeting of the ABLE Commission will be in 4 weeks on Friday, July 22, 2022, at 10:00am.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:

- ABLE agents completed 100 FDA tobacco inspections and 65 alcohol compliance checks.

- ABLE agents from all districts volunteered their time to help with the Special Olympics in Stillwater.

- ABLE agents from the ABLE Education Unit conducted an investigation in the Oklahoma City metro area which resulted in 304 bottles of alcohol being seized.

-ABLE agent Cody Rekstad assisted in a rescue of several individuals from a potential drowning situation while he was off duty, while he and his family were on vacation in San Angelo, Texas.

-Agents investigated various complaints along with conducting bar compliance checks in Canadian, Garvin, Mayes, Pottawatomie, Osage, Tulsa, McClain, Cleveland, Pittsburg, Rogers, Oklahoma, Blaine, Bryan, Wagoner, Payne, and Comanche counties.

-Agents attended meetings and trainings with the Annual Renaissance Festival, OPPA Alcohol Committee, Alcohol Action Network, Avian Flu Briefing, Memorial Day Press Conference, Grand River Dam Authority, Identifying Drugs and Vaping In The Workplace class in Catoosa, Moonshine Recognition Training Class at the Oklahoma Sheriff’s Association, Oklahoma Department of Mental Health, Lawton/Ft. Sill Community Coalition, and TSET Task Force.

-Agents also provided assistance and made courtesy visits to the Durant Police Department,  El Reno Police Department, Payne County Sheriff’s Office, Locust Grove Police Department, Shawnee Police Department, Newcastle Police Department, Owasso Police Department, Oklahoma City Police Department, Cleveland County Sheriff’s Office, Blaine County Sheriff’s Office, Rogers County Police Department, Oklahoma County Sheriff’s Office, Tulsa County Sheriff’s Office, Tulsa Police Department, and the  Oklahoma Highway Patrol.

-Director Burt presented a fiscal summary for the state of Oklahoma and the ABLE Commission’s revenue collections. The State of Oklahoma for May 2022 revenues were up 5% over May 2021 collections. This is the slowest rate of growth in ten months. The Oklahoma current annual inflation rate is 8.3%. Energy prices are up 30.3% over a year ago and food is up 9.4%

ABLE collections for May of 2022 are up over 12% from May 2021 and for the last year, are up 2/3 of 1% with one month to go in the fiscal year. This will make ABLE’s 8th straight year of year-over-year growth.

The ABLE Budget Work Program for fiscal year 2023 has been submitted and it is just over $6.6 million with only about $2.8 million requested from the General Revenue Fund.

- Staff Attorney Andrew Koester gave the legislative review for the following bills that may affect the ABLE Commission: HB2036; HB3002; HB3315; HB3415; HB3615; SB757; SB1708; SB1749; and SB1784.  

Chairman Graves moved to Item #8 on the agenda, approval, or disapproval of the re-certification of the training program applicant’s curriculum of instruction pursuant to OAC 45:15-3-1. Captain Erik Smoot stated that the program meets the standards for re-certification. Commissioner Willyard made a motion that the Commission approve the recommended responsible beverage program trainers: Casey’s General Stores: Selling Age Restricted Products – Oklahoma, Shack Family Restaurants: Oklahoma Server Training and 360training.com, INC: and Learn2Serve Oklahoma (Re-certification Only). Commissioner Brooks seconded the motion. A roll call vote was taken and recorded:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

Chairman Graves moved to Item #11, comments from the public.

  •  Jose Almazar with Homeland inquired about the ban on Juul vaping products and Senate Bill 1708. Staff Attorney Andrew Koester stated that he will research for more information and  relay that as soon as possible.
  • Tricia Everest, Cabinet Secretary for the Department of Public Safety for the State of Oklahoma welcomed the new ABLE Commissioner, A. Ainslie Stanford, and congratulated Chairman Devin Graves on his many years of service to the ABLE Commission and the State of Oklahoma.
  • Collin Graham with the Oklahoma Restaurant Association thanked Captain Erik Smoot and the ABLE Commission for their assistance with training certifications.
  • Commissioner Devin Graves expressed his positive sentiments on his years of service to the ABLE Commission and the State of Oklahoma.

Chairman Graves moved on to Item #12, Executive Session to discuss filling the position of the retiring Director. Commissioner Willyard made a motion to move into Executive Session. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

Chairman Graves called the meeting to order and called for a motion to return from Executive Session. Commissioner Brooks made the motion to return from Executive Session. Commissioner Mitchell seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

No action was taken during Executive Session.

Commissioner Mitchell made a motion to adjourn the meeting. Commissioner Crook seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Jonathan Brooks – Yes
Commissioner Matthew Crook – Yes
Commissioner Keith Mitchell – Yes
Commissioner A. Ainslie Stanford II – Yes

The meeting was then adjourned.

Meeting minutes were signed by James Willyard, Chairman.

MINUTES OF THE ABLE COMMISSION MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 20, 2021. The agenda was posted on May 17, 2022, on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission’s Office Reception area, and the ABLE Commission website.

Chairman Graves called the meeting to order at 10:00 a.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: Devin Graves; James Willyard;  Harry J. “Trey” Kouri, III; Robert “Bob” Usry; and Keith Mitchell. The others present were: J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma;  Edward Tuya, Oklahoma Department of Mental Health & Substance Abuse Services; Jose Almanzar, Homeland; Jim Hopper, Oklahoma Restaurant Association; and Bob Hunt, Molsan Coors Beverage Company.  Oklahoma ABLE Commission employees attending were: Director Keith Burt; Assistant Director Brent Fairchild; Staff Attorney Andrew Koester; Director of Management and Budget Josh Maxey; Senior Agent Vanessa Blain; and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates.

Commissioner Usry made a motion to approve the minutes from the April 15, 2022 Commission meeting. Commissioner Kouri seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Harry J. “Trey” Kouri, III – Yes
Commissioner Robert “Bob” Usry – Yes
Commissioner Keith Mitchell – Abstain

Director Burt recognized new ABLE Commissioner Keith Mitchell and welcomed him to the ABLE Commission.

Director Burt recognized Commissioner Harry J. “Trey” Kouri, III for his 16 years of service to the ABLE Commission and the State of Oklahoma.

DIRECTOR’S REPORT:

- Director Burt recognized the passing of previous ABLE Assistant Director, James Sconzo, and liquor industry pioneer, John Jarboe. He attended the services for both and extended his condolences to the families.

-  Director Burt introduced Director of Management and Budget Josh Maxey regarding information from the Governmental Technology Applications Review Board. This board provides assistance and information regarding fee changes that are needed.

- Director Burt gave a brief overview of the ABLE Commission’s annual report for fiscal year 2021.

- Director Burt recognized Captain Erik Smoot. Captain Smoot presented to the Commission a synopsis of the updated requirements for vaping products.

- Captain Smoot also discussed the Tobacco Education Grant that was presented to the ABLE Commission. The grant funds are used to support agents for additional inspections of businesses in an effort to prevent underage tobacco use.       

- Director Burt informed the Commission of the recent status of the posting of the Director’s position and provided the Commissioners with informational handouts concerning the Director’s position.

-  Director Burt introduced the Director of Management and Budget Josh Maxey. Mr. Maxey gave an update on the ABLE Commission’s project to update the website and the status of the new licensing system.

- Director Burt stated that the next meeting of the ABLE Commission will be in 5 weeks on Friday, June 24, 2022, at 10:00am.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:

- He advised the Commission that during the month of April, ABLE agents completed 140 FDA tobacco inspections, 46 alcohol compliance checks, 8 curbside alcohol checks, 17 additional tobacco/vaping checks compliance checks and 29 tobacco retail education visits.

- ABLE agents from all districts assisted in a complaint in Hochatown which resulted in the seizure of 3,090 bottles of wine.

- ABLE agents from the Tulsa District investigated a business in downtown Tulsa which resulted in the seizure of 57 containers of alcoholic beverages.

- Agents investigated various complaints along with conducting bar compliance checks in the following counties: Osage, Tulsa, McCurtain, Cleveland, Pittsburg, Rogers, Oklahoma, Carter, Marshall, Bryan, Atoka, Cherokee, Wagoner, Delaware, Payne, and Comanche.

- Agents attended meetings and trainings with the Oklahoma City Chamber of Commerce, Oklahoma Tourism Department, Oklahoma State Department of Health, Payne County Sheriff’s Department, EndDUI, Payne County District Attorney’s Office, Oklahoma Department of Mental Health, Lawton/Ft. Sill Community Coalition, and Kibois/TSET Task Force.

- Agents also provided assistance and made courtesy visits to the Collinsville Police Department, Norman Police Department, Owasso Police Department, Oklahoma City Police Department, University of Oklahoma Police Department, Cleveland County Sheriff’s Office, Kingston Police Department, Marshall County Sheriff’s Office, Rogers County Police Department, Muskogee Police Department, Oklahoma County Sheriff’s Office, Tulsa County Sheriff’s Office, Tulsa Police Department, and the  Oklahoma Highway Patrol.

- Director Burt presented a fiscal summary for the state of Oklahoma and the ABLE Commission’s revenue collections. The Oklahoma state April revenues were up 12.7% over April 2021 collections. Oklahoma gross receipts are at a record high, and the State unemployment rate remains at an historically low level;  however, Oklahoma is seeing record inflation.

ABLE collections for April of 2022 are up over 20% from April 2021 and for the last year, are down less than 4 tenths of 1%.

Chairman Graves moved to Item #7, comments from the public.

J.B Jarboe of Southern Glazers Wine & Spirits of Oklahoma congratulated Commissioner Kouri for 16 years of service to the State of Oklahoma and thanked him for his service. Mr. Jarboe also thanked Director Burt and the ABLE Commission for their support during his time of bereavement.

Chairman Graves moved on to Item #18, the Director’s Quarterly Performance Review.  Commissioner Willyard made a motion to move into Executive Session to discuss the Director’s Quarterly Performance. Commissioner Usry seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Harry J. “Trey” Kouri, III – Yes
Commissioner Robert “Bob” Usry – Yes
Commissioner Keith Mitchell – Yes

Chairman Graves called the meeting to order and called for a motion to return from Executive Session. Commissioner Kouri made the motion to return from Executive Session. Commissioner Mitchell seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Harry J. “Trey” Kouri, III – Yes
Commissioner Robert “Bob” Usry – Yes
Commissioner Keith Mitchell – Yes

No action was taken during Executive Session.

Commissioner Kouri made a motion to increase the staff salary 6%. Commissioner Willyard seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Harry J. “Trey” Kouri, III – Yes
Commissioner Robert “Bob” Usry – Yes
Commissioner Keith Mitchell – Yes

Commissioner Kouri made a motion to adjourn the meeting. Commissioner Mitchell seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves – Yes
Commissioner James Willyard – Yes
Commissioner Harry J. “Trey” Kouri, III – Yes
Commissioner Robert “Bob” Usry – Yes
Commissioner Keith Mitchell – Yes

The meeting was then adjourned.

Meeting minutes were signed by Devin Graves, Chairman.

MINUTES OF THE ABLE COMMISSION MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 20, 2021. The agenda was posted on April 13, 2022, on the front and back doors of the 50 Northeast 23 rd Street building in Oklahoma City, the door of the ABLE Commission's Office Reception area, and the ABLE Commission website. Vice Chairman Willyard called the meeting to order at 10:00 a.m at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: James Willyard; Jonathan Brooks; Harry J. "Trey" Kouri, III; Robert "Bob" Usry; and Andrew Revelis. The others present were: J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma; Edward Tuya, Oklahoma Department of Mental Health & Substance Abuse Services; Jose Almanzar, Homeland; Randy Malone, Attorney; and Debra Tyler, Phillips Murrah Law Firm. Oklahoma ABLE Commission employees attending were: Director Keith Burt; Assistant Director Brent Fairchild; Staff Attorney Andrew Koester; Director of Management and Budget Josh Maxey; Senior Agent Vanessa Blain; and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates.Commissioner Revelis made a motion to approve the minutes from the February 18, 2022 Commission meeting. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

Commissioner Kouri made a motion to approve the minutes from the March 4, 2022 Special Commission meeting. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

There was no motion nor vote to approve the minutes from the March 25, 2022 Commission meeting. There was not a quorum for that meeting, so no action was taken.

Director Burt recognized Captain Karen Tipton on her retirement after 36 years of service to the ABLE Commission and the State of Oklahoma.

Due to Commissioner Kouri having to leave, Vice Chairman Willyard moved to Item #7, comments from the public.
Jose Almanzar with Homeland thanked the ABLE Commission for their assistance with the new online licensing system. Attorney Randy Malone concurred his sentiments.

Vice Chairman Willyard moved to Item #7, Executive Session to discuss filling the position of the retiring Director. Commissioner Brooks made a motion to move into Executive Session. Commissioner Revelis seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

Vice Chairman Willyard called the meeting to order and called for a motion to return from Executive Session. Commissioner Revelis made the motion to return from Executive Session. Commissioner Kouri seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

No action was taken during Executive Session.

Commissioner Brooks made a motion for the agency to add, in the near future,. an open job posting to the ABLE website for the Director's position due to Director Burt's upcoming retirement. The posting will include a salary range of $135,000 - $151,000 and the posting will expire June 15, 2022. Commissioner Revelis seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Harry J. "Trey" Kouri, ill - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

DIRECTOR'S REPORT:
- Director Burt introduced Director of Management and Budget Josh Maxey regarding an update on the ABLE IT Project. Mr. Maxey stated that the new ABLE Commission licensing and online system is currently operational, and that staff is working through the new system issues.
- Director Burt recognized the 27th anniversary of the Murrah Building bombing. He presented pictures of current and past ABLE agents that assisted with the relief efforts.
- Director Burt continued agenda Item #3, update on requirements for vaping products, until the next Commission meeting.
- Director Burt gave an overview of the ABLE Commission's internal purchasing procedures, which are required to be in compliance with Title 74 O.S. §85.39. The Commissioners were presented a handout with additional information.
- Director Burt recognized Senior Agent Vanessa Blain who gave an overview of this year's annual Buckle Down Awards, including past ABLE employee recipients.
- Director Burt recognized ABLE Staff Attorney Andrew Koester regarding case number 119,805, the appeal from Oklahoma County District Court. Mr. Koester informed the Commission concerning the case and how it impacted the ABLE Commission. He also furnished the Commissioners with informational handouts.
- Director Burt congratulated Commissioner Crook on being accepted as a partner at his law firm. The Commissioners were provided with an article from a local newspaper regarding the advancement of Commissioner Crook.
- Director Burt recognized office assistant Margaret Hooley on her retirement. She was a dedicated employee of the ABLE Commission for over 20 years.
- Director Burt stated that the next meeting of the ABLE Commission will be in 5 weeks on Friday, May 20, 2022, at 10:00am.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:
- He advised the Commission that during the month of March, ABLE agents completed 100 FDA tobacco inspections, 48 alcohol compliance checks and 8 additional tobacco/vaping checks compliance checks.
- ABLE Commission personnel attended the training course, "Law Enforcement for Managers and Supervisors" with the University of Oklahoma Police Department.
- ABLE Agent Striplin received certification to be an official intoxilyzer operator and provided first response assistance to the tornado victims of Kingston, Oklahoma.
- Agents investigated various complaints along with conducting bar compliance checks in the following counties: Osage, Tulsa, Rogers, Oklahoma, Jefferson, Comanche, Marshall, Cherokee, Muskogee, Wagoner, Delaware, Payne, and Comanche.
- Agents attended meetings and trainings ·with the Tulsa area Community Groups Program, the Tulsa Health Department, the Tulsa County District Attorney's Office, and a Safety Awareness Training course presented by the Department of Justice and the ORCIC. Agents also taught basic liquor laws to the Cleveland County Sheriff's Office, the Metro Tech Basic Academy and the Department of Corrections Basic Academy, assisted with the St. Patrick's Day events in Tulsa, and attended the Annual Buckle Down Awards in Owasso.
- Agents also provided assistance and made courtesy visits to the Norman Police Department, Owasso Police Department, Grady County Sheriff's Department, Oklahoma City Police Department, University of Oklahoma Police Department, Cleveland County Sheriff's Office, Kingston Police Department, Marshall County Sheriff's Office, Rogers County Police Department, Muskogee Police Department, Oklahoma County Sheriff's Office, Oklahoma County Sheriff's Office, Verdigris Police Department, Tulsa County Sheriff's Office, Tulsa Police Department, and the Oklahoma Highway Patrol.

- Director Burt presented a fiscal summary for the state of Oklahoma and the ABLE Commission's revenue collections. The March gross receipts for Oklahoma were up by almost 23 % compared to March of 2021. The annual inflation rate was 7.9% in February, which is the highest rate since January of 1982. However, the Oklahoma employment rate is under 3%. Oklahoma gross production collections in March of 2022 were up about 82% from March of 2021.

ABLE collections for March of 2022 were down, but for the current fiscal year are only down 1.8% from last year's record-breaking pace. With 3 months remaining in fiscal year 2022, we could experience our 9th consecutive year of year-over-year growth.

- Staff Attorney Andrew Koester gave the legislative review for the following bills that may affect the ABLE Commission: HB2036; HB3002; HB3315; HB3415; HB3638; HB3671; SB1263; SB1452; SBl 708; SB1714; SB1723; SB1749; SB1784; and SB1788.
Commissioner Revelis made a motion to adjourn the meeting. Commissioner Kouri seconded the motion. A roll call vote was taken and recorded as follows:

Vice Chairman James Willyard- Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

The meeting was then adjourned.

Meeting minutes were signed by Devin Graves, Chairman.

ABLE COMMISSION MEETING NOTES

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 20, 2021. The agenda was posted on March 23, 2022, on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission's Office Reception area, and the ABLE Commission website. Chairman Graves called the meeting to order at 10:00 a.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. The following Commission members were present: Devin Graves; James Willyard; and Matthew Crook. The others present were: Ellen Spiropoulous, Phillips Munah Law Firm; Colin Graham, Oklahoma Restaurant Association; J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma; Edward Tuya, Oklahoma Department of Mental Health & Substance Abuse Services; Jose Almanzar, Homeland; and Corbin McGuire, RNM Recruiting. Oklahoma ABLE Commission employees attending were: Director Keith Burt; Assistant Director Brent Fairchild; Staff Attorney Andrew Koester; Director of Management and Budget Josh Maxey; Captain Erik Smoot; and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates. Also attending was Luke Simms, Attorney.

There was not a quorum, and no action was taken.

The voting for the minutes from the February 18, 2022, regular meeting and the March 4, 2022, special meeting were postponed until the next Commission meeting.

Director Burt introduced the new ABLE Staff Attorney Andrew Koester and welcomed him to the ABLE Commission.

Chairman Graves introduced Corbin McGuire from RNM Recruiting. Mr. McGuire explained his voluntary services and how he is willing to assist with the recruitment for a new ABLE Commission Director due to Director Burt's expected retirement this year.

DIRECTOR'S REPORT:

Director Burt stated that the conversion to the new ABLE licensing system was accomplished Monday, March 14, 2022. Mr. Burt thanked Director of Management and Budget Josh Maxey and his team for their dedication and hard work in implementing the new system. A more detailed report will follow in April.
Director Burt spoke to the Commission on the recent passing of John Maisch, who was an ABLE General Counsel from 2008-2013.
Director Burt stated that Director's Report Item #3, "Update on Requirements for Vaping Products" will be postponed until the next Commission meeting.
Director Burt informed the Commission of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) and the ABLE Commission's Interlocal Cooperation Agreement. A copy of the agreement was provided, but implementation has been delayed due to manpower issues at ABLE.
Director Burt stated that the ABLE website will soon be upgraded. It should facilitate user navigation.
Director Burt advised the Commission of the COVID-19 guidelines that have been implemented by the ABLE Commission.
Director Burt stated that the next meeting of the ABLE Commission will be in 3 weeks on Friday, April 15, 2022, at 10:00 a.m.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:

He advised the Commission that during the month of January, ABLE agents completed 93 alcohol compliance checks and 12 additional tobacco/vaping checks compliance checks.
ABLE agents taught basic liquor laws at the CLEET Basic Academy and the Tulsa Police Department's recruit academy.
Agents investigated various complaints along with conducting bar compliance checks in the following counties: Payne, Bughes, Atoka, Mayes, Pittsburg, Stephens, Osage, Tulsa, Oklahoma, Okmulgee, and Wagoner.
Agents attended meetings and trainings at the CAST Coalition, Tulsa area Safe Kids Program, Tobacco Workgroup, OPPA Alcohol Committee, Muskogee Community Anti-Drug Network, Tulsa area Safe Communities, Tulsa and Cherokee County STOP DUI Task Force, and an Alcohol Stakeholders meeting in Tulsa.
Agents also provided assistance and made courtesy visits to the Catoosa Police Department, Tulsa Police Department, Tulsa Fire Marshal's Office, Tulsa County Health Department RPC, Broken Arrow Police Department, Pryor Police Department, Okmulgee Police Department, Okfuskee County Sheriff's Office, Wagoner County Sheriffs Department, Hughes County Sheriffs Office, Atoka County Sheriffs Office, Oklahoma Highway Patrol, Oklahoma Department of Health, and Oklahoma Department of Mental Health & Substance Abuse Services.

Director Burt gave a fiscal summary of the state of Oklahoma and the ABLE Commission's revenue collections.
In February, Oklahoma's growth in gross production was up about 12% from February 2021. State Treasurer Randy McDaniel stated that the annual inflation rate went up ½% in January, to 7.5% as the effects of global unrest persist.
ABLE collections were up in February over 12% and are up .3% for the year, with four months left in the current fiscal year. ABLE is still on track to have its 9th consecutive year of year-over-year growth in collections.
Staff Attorney Andrew Koester gave the legislative review for the following bills that may affect the ABLE Commission: HB2036, HB3002, HB3009, HB3415, HB3638, HB3315, HB3732, HB3868, SB1233, SB1263, SB1708, SB1714, SB1723, SB1784, SB1788, and SB1811.

Chairman Graves moved to Item #8, comments from the public.

Edward Tuya with the Oklahoma Department of Mental Health & Substance Abuse Services inquired about the possible update to the ABLE administrative fine structure.

Commissioner Willyard suggested that the Commission have a Special meeting within one week's time to converse again about replacing the Director upon his retirement.

Item #9, Discussion and Possible Action to Enter Executive Session, was continued until a quorum is met.

The meeting was then adjourned.

MINUTES OF THE ABLE COMMISSION SPECIAL MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on February 22, 2022. The agenda was posted on March 2, 2022, on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission's Office Reception area, and the ABLE Commission website. Chairman Graves called the meeting to order at 1:00 p.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: Devin Graves; James Willyard; Harry J. "Trey" Kouri III; Jonathan Brooks; Robert "Bob" Usry; and Andrew Revelis. Oklahoma ABLE Commission employees Director Keith Burt, Assistant Director Brent Fairchild, Captain Erik Smoot and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates. Also present was Attorney Luke Simms.

Chairman Graves moved into item #2 of the agenda, recognition of visitors. Seeing none, Chairman Graves moved into agenda item #3, discussion regarding the process of filling the Director's position upon retirement. A document was provided to the Commissioner's regarding the Director's duties.

Chairman Graves then moved to Item #4 on the agenda, Executive Session to discuss filling the position of the retiring Director. Commissioner Kouri made a motion to move into Executive Session. Commissioner Revelis seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry- Yes
Commissioner Andrew Revelis - Yes

Chairman Graves called the meeting to order and called for a motion to return from Executive Session. Commissioner Kouri made the motion to return from Executive Session. Commissioner Willyard seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Matthew Crook - Yes
Commissioner Robert "Bob" Usry- Yes
Commissioner Andrew Revelis - Yes

No action was taken during Executive Session.

Commissioner Revelis made a motion to adjourn the meeting. Commissioner Usry seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

The meeting was then adjourned.

Meeting minutes were signed by James Willyard, Vice Chairman.

MINUTES OF THE ABLE COMMISSION MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 20, 2021. The agenda was posted on February 15, 2022, on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission's Office Reception area, and the ABLE Commission website.
Chairman Graves called the meeting to order at 10:00 a.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: Devin Graves; James Willyard; Jonathan Brooks; Robert "Bob" Usry; and Andrew Revelis. The others present were: Margie Weaver and Thomas Schneider, Office of the Attorney General; Jim Hopper, Oklahoma Restaurant Association; J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma; Sydney Lee, Quorum Call; Edward Tuya, Oklahoma Department of Mental Health & Substance Abuse Services; Stacy Potter, ROCMND Area Youth Services; Todd Gayer, Armanda Distributing; Jose Almanzar, Homeland; Randy Malone, Attorney; and Patrick Gaines, Craft Brewers Association. Oklahoma ABLE Commission employees attending were: Director Keith Burt, Assistant Director Brent Fairchild, Director of Management and Budget Josh Maxey, Captain Erik Smoot and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates.
Commissioner Revelis made a motion to approve the minutes from the January 21, 2021 Commission meeting. Commissioner Willyard seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves Yes
Commissioner James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry- Yes
Commissioner Andrew Revelis - Yes

DIRECTOR'S REPORT:
- Director Burt introduced Assistant Attorney General Margie Weaver. Ms. Weaver has been assigned to assist with the ABLE Commission's Administrative Law Judge vacant position. The ABLE Commission has contracted with the Attorney General's office for assistance until the position is filled.
- Director Burt introduced Director of Management and Budget Josh Maxey regarding an update on the ABLE IT Project. Mr. Maxey stated that the new ABLE Commission licensing and online system update is on track to be operational by early Spring 2022.
- Director Burt introduced Captain Erik Smoot regarding the new requirements for vaping products. Captain Smoot gave an overview of House Bill 2511 and the updated product requirements for tobacco and vaping, and how it affects the ABLE Commission.
- Commissioner Jonathan Brooks co-authored an article named "Police, Crime Prevention, and Community Integration." He informed the Commission that the article was comprised of several individuals from different areas of law enforcement, who provided information regarding crime prevention and how the police interact with the community.
- Director Burt gave an overview about Governor Stitt's "State of the State" address. He also informed the Commissioners that a full text version of the speech was included in their monthly informational packet.
- Director Burt informed the Commission about Executive Order 2022-21 regarding state employees being allowed to do substitute teaching. The Director thanked the ABLE employees that have volunteered to substitute teach to assist with the state's recent staffing shortages that are affecting many Oklahoma public schools.
- Director Burt briefed the Commissioners regarding the Attorney General's opinion about dual office holding. The response was included in the ABLE Commissioners monthly informational packet.
- Director Burt stated that the next meeting of the ABLE Commission will be in 5 weeks on Friday, March 25, 2022, at 10:00am.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:
- He advised the Commission that during·the month of January, ABLE agents completed 45 alcohol compliance checks and 9 additional tobacco/vaping checks compliance checks.
- Agents are currently training for the new ABLE licensing system.
- Three ABLE agents have been credentialed for the FDA tobacco programs and their duties will begin soon.
- ABLE Commission personnel attended the training course, "Law Enforcement for Managers and Supervisors."
- Agents investigated various complaints along with conducting bar compliance checks in the following counties: Osage, Canadian, Tulsa, Oklahoma, Jefferson, Comanche, Marshall, Cherokee, Muskogee, Wagoner, Delaware, McClain, and Comanche.
- Agents attended meetings and trainings at the Jefferson County Coalition, the CAST meeting at Ft. Sill, Tulsa area CAPSAT, Tulsa area Safe Kids Program, Tobacco Workgroup, OPPA Alcohol Committee, NLLEA virtual meeting, Tobacco Settlement Endowment Trust 20th Anniversary event in Oklahoma City, Neighbors Building Neighborhoods, Cherokee Nation RBC, STOP DUI Oklahoma, and the Oklahoma County Sheriff's Office. Agent's also taught alcohol laws to 30 people at the Delaware County Sheriff's Office.
- Agents also provided assistance and made courtesy visits to the Delaware County Sheriffs Office, Cushing Police Department, Payne County Sheriff's Department, Oklahoma City Police Department, Antlers Police Department, Kingston Police Departrnent, Blanchard Police Department, Muskogee Police Department, Yukon Police Department, Oklahoma County Sheriff's Office, Skiatook Police Department, Oklahoma County Sheriff's Office, Claremore Police Department, Tulsa Police Department, and the Oklahoma Highway Patrol.
- Director Burt gave a summary of the state of Oklahoma and the ABLE Commission's revenue collections. In January, Oklahoma showed substantial growth in all major revenue streams, led by gross production and collections which were up about 15% from January 2021.
ABLE collections were down slightly from 2021, and for the first seven months of fiscal year 2022, ABLE collections are down less than ½ of 1 %. Although there are still 5 months remaining in fiscal year 2022, ABLE is still on track to have its 9th consecutive month of year-over-year growth.

- Director Burt gave the legislative review for the following bills that may affect the ABLE Commission: HB3002, HB3003, HB3004, HB3009, HB3638, HB3641, SB1233, SB1263, SB1701, SB1708, SB1714, SB1723, SB1727, SB1749, SB1784, SB1788, SB1811, SB1821, SB1837 and HB3415.

Chairman Graves moved to Item #5 on the agenda, approval or disapproval of the re-certification of the training program applicant's curriculum of instruction pursuant to OAC 45:15-3-1. Captain Erik Smoot stated that the program meets the standards for certification. Commissioner Vlillyard made a motion that the Commission approve the recommended responsible beverage program trainer for ABC Server Training: Oklahoma Server Training Course. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded:

Chairman Devin Graves - Yes
Commissioner Jam.es Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry- Yes
Commissioner Andrew Revelis - Yes

Chairman Graves moved to Item #6, comments from the public.
J.B. Jarboe with Southern Glazers Wine & Spirits of Oklahoma asked a few questions about the new licensing system regarding employees and businesses.
Stacy Potter with ROCMND Area Youth Services asked a question regarding the new licensing system.

Chairman Graves moved to Item #7 on the agenda, the Director's Quarterly Performance Review. Commissioner Willyard made a motion to move into Executive Session to discuss the Director's Quarterly Performance. Commissioner Revelis seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard- Yes
Commissioner Jonathan Brooks- Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

Chairman Graves called the meeting to order and called for a motion to return from Executive Session. Commissioner Willyard made the motion to return from Executive Session. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry - Yes
Commissioner Andrew Revelis - Yes

No action was taken during Executive Session.

Commissioner Kouri made a motion to adjourn the meeting. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard- Yes
Commissioner Jonathan Brooks - Yes
Commissioner Robert "Bob" Usry- Yes
Commissioner Andrew Revelis - Yes

The meeting was then adjourned.

Meeting minutes were signed by James Willyard, Vice Chairman.

MINUTES OF THE ABLE COMMISSION MEETING

The filing of the meeting and posting of the agenda were in accordance with the Oklahoma Open Meeting Act. Notice of the meeting was filed with the Secretary of State on October 21, 2021. The agenda was posted on January 18, 2022 on the front and back doors of the 50 Northeast 23rd Street building in Oklahoma City, the door of the ABLE Commission's Office Reception area, and the ABLE Commission website. Chairman Graves called the meeting to order at 10:00 a.m. at the office of the Alcoholic Beverage Laws Enforcement (ABLE) Commission at 50 Northeast 23rd Street, Oklahoma City, OK 73105. A quorum was met with the presence of the following Commission members: Devin Graves; James Willyard; Harry J. "Trey" Kouri III; Jonathan Brooks; and Andrew Revelis. The others present were: Colin Graham, Oklahoma Restaurant Association; J.B. Jarboe, Southern Glazers Wine & Spirits of Oklahoma; Gordon Green, Capital Distributing; Sydney Lee, Quorum Call; Edward Tuya, Oklahoma Mental Health & Substance Abuse; and Ellen Spiropoulos, Phillips Murrah Law Firm. Oklahoma ABLE Commission employees attending were: Director Keith Burt, Assistant Director Brent Fairchild, Director of Management and Budget Josh Maxey, Captain Erik Smoot and Office Assistants Shae Isaacs, Margaret Hooley, and Kimberly Yates.

Commissioner Kouri made a motion to approve the minutes from the December 17, 2021 Commission meeting. Commissioner Willyard seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Andrew Revelis - Yes

DIRECTOR'S REPORT:
- Director Burt recognized Ken Anderson, who is the Director of Sales for Accela. Mr. Anderson gave an overview of the new ABLE licensing system and presented some visual slides. The new system is expected to be operational in Spring 2022.
- Director Burt stated that The State Board of Equalization met on December 27, 2021. He gave a brief summary of the meeting which included the revenue estimate for fiscal year 2023. Those figures are used by the Oklahoma Legislature and Governor Stitt to craft the 2023 budget.
- Director Burt gave the legislative review over the following bills that may affect the ABLE Commission: HB3002, HB3003, HB3044, HB3049, SB1185, SB1233, and SB1263.
- Director Burt directed the Commissioners to their copy of the Attorney General's request for an opinion pertaining to dual office holding. An update will be provided when received.
- Director Burt stated that the Commissioners have received a copy of the contract for legal services to assist with the vacant positions of General Counsel and Administrative Law Judge with the ABLE Commission.
- Director Burt stated that the next meeting of the ABLE Commission will be in 4 weeks on Friday, February 18, 2022 at 10:00am.

Assistant Director Brent Fairchild presented the following Enforcement Report to the Commissioners:
He advised the Commission that during the month of December, ABLE agents completed 76 alcohol compliance checks and 3 additional tobacco/vaping checks compliance checks.
Agents investigated various complaints along with bar compliance checks in the following counties: Osage, Tulsa, Oklahoma, Cherokee, Muskogee, McCurtain, Wagoner, Delaware, McClain, and Comanche. Agents attended meetings and trainings with the agency leaders of Okmulgee County concerning the McGirt decision, the CLEET Academy, Tall Cops meeting in Tahlequah, News 9 ride-along with Oklahoma City district agents, Oklahoma City Tobacco Workgroup, Alcoholic Stakeholders Group, Muskogee Alcohol Task Force, Muskogee Vape Task Force, Tulsa County STOP DUI Task Force, District 27 Task Force, annual Marines Toys for Tots Campaign, and Tulsa Safe Kids Coalition.
Agents provided assistance and made courtesy visits with the Oklahoma City Police Department, Broken Arrow Police Department, Tulsa Police Department, Atoka Police Department, Atoka County Sheriffs Office, McCurtain County Sheriffs Office, Wagoner County Sheriffs Office, Northeastern State University Police, Coweta Police Department, Tulsa County Sheriffs Office, Tulsa Police Department, Oklahoma County Sheriffs Office, District 27 Drug Task Force, and Oklahoma Highway Patrol.

- Director Burt gave a summary of the state of Oklahoma and the ABLE Commission's revenue collections. Oklahoma's December receipts were up more than 25% over the estimate and 30% over December 2020. The year-to-date collections for the first six months of fiscal year 2022 were nearly 20% ahead of the estimate. The Board of Equalization projects that the revenues for fiscal year 2022 will surpass the original estimate. The combined oil and natural gas gross production taxes for the first six months of fiscal year 2022 were over 110% more than the estimate. ABLE collections for December were up about 13 % and for the first six months of fiscal year 2022, were down less than 1/10 of 1 % due to employee licenses only renewed every 2 years.

Chairman Graves moved to Item #7 on the agenda, approval or disapproval of the re-certification of the training program applicant's curriculum of instruction pursuant to OAC 45:15-3-1. Captain Erik Smoot stated that the program meets the standards for certification. Commissioner Willyard made a motion that the Commission approve the recommended responsible beverage program trainers: Costco Wholesale Corporation: Oklahoma Liquor Sales Policy; and Liquorexam.com: Affordable Alcohol Training. Commissioner Kouri seconded the motion. A roll call vote was taken and recorded:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Andrew Revelis - Yes

Commissioner Kouri made a motion to adjourn the meeting. Commissioner Brooks seconded the motion. A roll call vote was taken and recorded as follows:

Chairman Devin Graves - Yes
Commissioner James Willyard - Yes
Commissioner Harry J. "Trey" Kouri, III - Yes
Commissioner Jonathan Brooks - Yes
Commissioner Andrew Revelis - Yes

Meeting minutes were signed by Devin Graves, Chairman.

Last Modified on Jul 27, 2022
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