Is a license required to sell products (like jam) that contained alcohol that has been “burned out”?
No license is required to sell such a product if alcohol is no longer present upon product completion or consumption
If alcohol is used otherwise in creating a product, an industrial license may be required (see Industrial License FAQ).
Per 37A O.S., § 2-133, a licensee is responsible for any act or omission of his or her employee in violation of any law violation affecting his or her license privileges.
Yes, you can! 37A O.S., § 2-140 allows the ABLE Commission to issue personal use permits, which authorize the permit holder to make beer and wine* for personal use, as defined by statute.
*And non-distilled cider.
Yes, a state identification card issued pursuant to 47 O.S., § 6-105 or “other generally accepted means of identification” that contains a photograph of the individual, describes the individual as twenty-one (21) years or older, and appears on its face to be valid are acceptable to prove a person’s age.
Per 37A O.S. § 2-164 (Odell's Law) , state law and administrative rules cannot require license holders to check identification (ID) cards prior to selling or serving alcoholic beverages to a person. However, license holders may still choose to check and verify a person’s ID prior to selling or serving a person an alcoholic beverage. This does not absolve the license holder from the prohibition of selling or serving alcoholic beverages to a person under twenty-one (21) years of age. ABLE will never issue a citation for failure to check ID, but the agency will fully prosecute any license holder who sells or serves alcoholic beverages to someone under 21.
Although, generally, licensees are not allowed to sell alcohol on credit, 37A O.S., § 6-108(4)(b) states, “When the holder of a Retail Wine License, Retail Beer License or Mixed Beverage License is a private membership club, marina, golf course or country club that normally charges food, drinks and other purchases to the member's monthly dues account in the regular course of business, in lieu of actual cash payment at the time of purchase, such practice does not constitute the extension of credit.”
I am about to return to Oklahoma after a tour of duty overseas in the military. I have been collecting wines from different countries during my service and I would like to bring them back home with me. I was told that I need a letter from the ABLE Commission. Could you please send a letter?
Under 37A O.S., § 6-101(A)6, you are specifically allowed to import up to 180 liters of alcohol as part of your household goods as military personnel if you are 21 years old or older and returning from temporary active assignment outside of the contiguous U.S. You do not need written permission from the ABLE Commission to do so.
However, please feel free to download the Military Exemption Letter.
Military Exemption Letter | Download
Thank you for your service to our country.
Note: The allowable 180 liters would cover approximately 240 bottles of wine at the typical 750 ml size.
I am considering opening a bar, but a public school is located just down the road. Is this an issue?
37A O.S., § 2-139 prohibits bars and liquor stores from being located within 300 feet of a public or private school or a church that is regularly used for worship services and religious activities. The 300 feet is measured from the nearest property line of the school to the nearest perimeter wall of the bar. A college, university or church may waive the 300-foot requirement.
The Appendices of OAC 45:10-5 outline the penalties for violations of the Oklahoma Alcoholic Beverage Laws. Additional penalties can be found in the Oklahoma Statues under Title 37A O.S. §§ 6-101-130.1.
Although the ABLE Commission may suspend or revoke a license for certain violations, it is not typical to have your license suspended or revoked for one violation. It is more typical to have a monetary penalty imposed.
According to 37A O.S., § 2-148(F), penalties for violations shall be increasingly severe for each violation. If you commit multiple violations over time, your license could be suspended for some time, or even revoked, or a higher monetary penalty may be imposed. But, pursuant to Section 2-148(F), “[F]or a fourth major violation by a licensee within a twenty-four-month period, the penalty shall be mandatory revocation of license.” (emphasis added).
Pursuant to 37A O.S., § 2-148(H), “The failure of any licensee to pay a fine or serve a suspension imposed by the ABLE Commission or the Tax Commission shall result in the revocation of the license of the licensee.”
Alcoholic beverages must be purchased from a licensed wine & spirits wholesaler, beer distributor, holder of a small brewer self-distribution, or holder of a winemaker self-distribution license. In this case, it is prohibited to purchase alcoholic beverages from another retailer or from a wholesale club (e.g., Sam’s, Costco, etc.).
Per 37A O.S. § 5-126, licensees shall keep records for at least three years.
No alcoholic beverages intended for off-premise or on-premise consumption shall be sold at retail for less than a six percent (6%) markup.” 37A O.S., § 3-118. For example, if a retail establishment obtains a case (24 bottles) of beer for $24.00 from a beer distributor - or $1.00 per beer - it may not sell the beer for less than $1.06 per bottle, a six percent markup. Or if a retail store obtains a case (12 bottles) of wine for $120.00 - or $10.00 per bottle - it may not sell the wine for less than $10.60 per bottle. Retail Sales for Less Than Six Percent Markup
Yes. For example, Section 3-118 lists various exceptions to the rule. Some examples include bona fide clearance sales for seasonable merchandise, sales of damaged merchandise, sales upon the final liquidation of a business, and sales for charitable purposes. Retail Sales for Less Than Six Percent Markup
Yes. Effective 11/1/25, 14A O.S., § 2-417(A), has been repealed. Thus, state law no longer prohibits retailers from imposing a surcharge for the use of credit card as payment.
Yes, it is unlawful for anyone under the age of 21 to even possess an intoxicating beverage in public. Intoxicating Beverages - Possession by Persons Under Age 21
No, selling or furnishing alcoholic beverages to a person who is intoxicated violates the Oklahoma Constitution and state statute. Oklahoma Constitution Article 28A § 5(A)(3); see also 37A O.S., § 2-148(D)(1). Oklahoma Constitution Grounds for Revocation or Suspension of License
Yes, pursuant to 63 O.S., § 1-229.29(A), “Every person who sells alcoholic beverages at retail shall post... a sign stating the following “IT’S THE LAW. WE DO NOT SELL ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE.” Required Signage for Retail Establishments
No, you can only purchase beer or wine to go for off-premise consumption.
A Retail Beer or Retail Wine can sell beer and wine from 6am to 2am, seven days a week.
No, there are no restrictions for convenience stores or grocery stores to be closed on legal holidays. That is up to the store owner to decide if they want to close on a holiday.
No, however state law prohibits you from furnishing, selling, or delivering alcoholic beverages to a person under 21 years of age. Odell's Law Personal Prohibited Acts - Violations
No, you cannot offer or furnish any prize, premium, gift or similar inducement to a consumer in connection with the sale of alcoholic beverages.
Retail Spirits store must maintain records for three years. The records must be made available for inspection by the ABLE Commission. Failure to do so could lead to a violation and a warning or citation may be issued. For purposes of this requirement, records in electronic format are acceptable if they are readily available and easily accessible.
Yes, a minor may enter a Retail Spirits store if they are being escorted by a parent or legal guardian.
Yes, a retail spirits licensee authorized to host the tasting. They must be poured by an Oklahoma ABLE Commission licensee lawfully permitted to serve alcoholic beverages, provided that no wine or spirits wholesaler, beer distributor or employee of a wine or spirits wholesaler or beer distributor shall be allowed to pour samples for tastings. The alcoholic beverages used for the tasting must be purchased by the licensee authorized to host the tasting from a licensed wine and spirits wholesaler, beer distributor, self-distributor, small brewer, or self-distributing winery authorized to sell the same, and the licensee shall pay the applicable taxes on the alcoholic beverages purchased.
The licensee may only provide samples of those products they are authorized to sell. You must ensure that no samples are given to anyone under 21. Samples are limited to one fluid ounce of spirits, two fluid ounces of wine or three fluid ounces of beer per consumer per day. No samples served on the licensed premise are authorized to leave the licensed premise. All samples must be poured from the original sealed package, and any alcoholic beverages unsealed used to provide samples, excluding spirits, are poured out by the end of the day and no more than 6 bottles of alcohol can be unsealed at any given time.
Thanksgiving, Christmas, and Sunday’s. Unless the county elected to allow sales on Sunday’s. OK § 37A-6-103.A3
A retail spirits store in Oklahoma can sell non-alcoholic items, but there are some restrictions. Non-alcoholic items can’t make up more than 20% of retail store’s monthly sales. Other non-alcoholic items a retail spirits store can sell are lottery tickets and scratch-off tickets.
No, each retail spirits store must be operated in a completely independent manner from all other retail spirit stores, and stores cannot combine purchasing power or swap inventory. Doing so could expose the store to regulatory fines, revocation of the store’s license, or criminal prosecution.
In Oklahoma retail spirits stores are typically open 8am to midnight Monday through Saturday and closed on Thanksgiving and Christmas. However, the hours of operation for liquor stores can vary depending on the county and whether Sunday sales are permitted. OK § 37A-6-103.A3
Charitable Alcohol Event (CAB)
Special Event Annual / Special Event Quarterly (SPE / SPQ)
Public Event Annual / Public Event One-Time (PEV / PEU)
Yes, all employees are required to complete online training no later than fourteen (14) days after receiving the license. The licensee is required to upload proof of training completion to their ACCELA account and maintain a copy of the training for ABLE review. OK § 37A-2-121
This varies based on individual circumstances. A person with a felony conviction is eligible for an employee license as long as the conviction is not for a violent felony as defined in § 37A-2-148 (Grounds for Revocation or Suspension of License) § 57-8A-571 Version 2 (Definitions)
A Certificate of Liability Insurance showing bodily injury, property damage and medical expenses.
Yes, it is required that every applicant must provide proof of liability insurance for bodily injury, property damage, and medical expenses.
No, you can only sell beer or wine, and you have to take it off-premise for consumption.
An alcoholic beverage employees license authorizes the holder to work in a licensed retail store, mixed beverage establishment, public event, or anywhere alcoholic beverages are sold; applicants must be 16 to work in a grocery/convenience store, 18 for all other establishments, and 21 to serve spirits.
Yes, managers that have a mixed beverage license or public event license must have an employee license whether they are involved in the serving, mixing or sale of alcoholic beverages.
Not necessarily. ABLE must review all applications to verify eligibility and compliance with statutory requirements. NOTE: Your application is not your license. You cannot act as an employee, agent, or operate a business with a receipt of your application.
Yes, it is the licensee's responsibility to keep track of their license, digitally and/or physically, maintain access to their account, and to renew on time.
The Alcoholic Beverage Control Board was created in 1959, the year that prohibition ended in Oklahoma. In 1984, the Alcoholic Beverage Control Board was abolished, and the ABLE Commission was established by Article 28 of the Oklahoma Constitution. The Commission was re-created by statute in 2018 as part of alcohol modernization measures.
The Oklahoma Statutes, at 37A O.S., § 1-107, give the ABLE Commission the power and the duty to regulate the alcoholic beverage industry.
Yes, all ABLE agents are Oklahoma certified peace officers and “have all the powers and authority of peace officers of this state for the purpose of enforcing the provisions of the Oklahoma Alcoholic Beverage Control Act.” 37A O.S., § 1-109(A). Moreover, ABLE agents are authorized to arrest violators for offenses against the laws of this state committed in the presence of the Director or such agents and inspectors, and, upon the request of a sheriff or another peace officer of this state or any political subdivision thereof, assist in apprehension and arrest of a violator or suspected violator of any of the laws of this state. 37A. O.S., § 1-109(B). Thus, our agents can and do assist other state and local law enforcement agencies in investigating crimes and arresting suspects.
37A O.S., § 2-148(F) states, “The ABLE Commission shall have the authority to promulgate rules to establish a penalty schedule for violations of any provision of the Oklahoma Alcoholic Beverage Control Act or any rule of the ABLE Commission.” Pursuant to that authority, ABLE has established a penalty schedule and imposes penalties pursuant to the schedule. Various penalties are also provided by the Oklahoma Statutes.
Oklahoma is an “Open State” that regulates the alcohol industry through a licensing system, as opposed to a “Control State,” where the State has a monopoly on alcohol sales.1
1 The National Alcohol Beverage Control Association lists 18 Control States. Thus, 32 States are Open States.
Such laws are found in Article 28A of the Oklahoma Constitution, Title 37A of the Oklahoma Statutes, and Title 45 of the Oklahoma Administrative Code.
Oklahoma uses a three-tier system.
Generally, manufacturers/producers may only sell their products to wholesalers/distributors, who then distribute the products to retailers. Only retailers may sell to consumers. (Some exceptions exist, like with brewers who produce beer and sell it at retail and wineries who sell wine at retail.) The idea behind the separate tiers is to ensure that no industry participants can monopolize the entire alcoholic beverage market.
No, Oklahoma no longer authorizes bottle clubs or has a license for them.
No, mobile bars for the sale of alcohol are not allowed in Oklahoma. Additionally, mobile food trucks are not allowed to serve or sell any alcoholic beverages as licenses are only issued to a permanent physical address that has been approved by the ABLE Commission.
You have to be 21 years of age or older.
You have to be 21 years of age or older.
You must be 16 to work in a grocery/convenience store, 18 for all other establishments, and 21 to serve spirits. No one under the age of 16 is authorized to handle alcoholic beverages in any way.
You have to be 18 years of age or older.
Alcoholic beverage is any drink that contains alcohol typically in the form of ethanol. ABV or Alcohol by Volume is a measure of the percentage of pure alcohol in a beverage.
No, ABLE does not regulate non-alcoholic beverages.
By definition, to be considered as beer, wine or spirits in Oklahoma, beverages must contain more than .50% alcohol by volume. See 37A O.S., §§ 1-103(5), (65), and (71). Beverages containing .50% alcohol by volume or less do not meet the definition of alcoholic beverages in Oklahoma.
The highest alcohol content is fifteen percent. No holder of a retail wine or retail beer license may sell an alcoholic beverage with a volume in excess of that percentage.
An inducement is defined as any offer of an item or service of value intended to entice the purchase or consumption of alcohol. Examples of inducements include certain discounts, free merchandise, gifts and prizes, retailer rebates, and instantly redeemable coupons or things such as 2-for-1 drinks, unlimited drinks for one price, or lower prices for specific groups (i.e. Ladies Night).
37A O.S., § 6-108(5) lists certain prohibited inducements, but then states certain exceptions: “…[G]oods or merchandise included by the manufacturer in packaging with beer or wine or for packaging with beer or wine shall not be included in this prohibition, nor shall a retail wine or retail beer license holder selling wine or beer at a multiunit discount be included in this prohibition….”
Retail Wine or Retail Beer Licensee Prohibited Acts
Under 37A O.S., § 6-101(A)6, you are specifically allowed to import up to 180 liters of alcohol as part of your household goods as military personnel. You do not need written permission from the ABLE Commission to do so.
However, please feel free to download the Military Exemption Letter.
Thank you for your service to our country.
Note: The allowable 180 liters would cover approximately 240 bottles of wine at the typical 750 ml size.
In lieu of obtaining a importer/manufacturer license in Oklahoma, a Non-Resident Seller licensee can be appointed to represent you in Oklahoma. You must submit an appointment letter on your company’s letterhead to ABLE via email to catherine.otey@able.ok.gov that appoints your chosen licensee. You can find a list of Non-Resident Seller Licensee under MONTHLY REPORTS on the Home page of our website.
A Non-Resident Seller licensee cannot register or sell beer in Oklahoma. In order to do either, a manufacturer or wholesaler must be obtain a Brewer license.
No registrations can be submitted directly to the ABLE Commission. All new registrations and renewal registrations must be submitted electronically using the PRO/Sovos website.
Cider is defined as any alcoholic fermentation of fruit juice, including but not limited to flavored, sparkling or carbonated cider. Cider may be manufactured by either manufacturers or brewers and may be distributed by either wine and spirits wholesalers or beer distributors.
Combo/Value Pack must be registered as a Non-COLA registration. All the individual products in the Combo/Value Pack must be registered independently then the Combo/Value Pack can be submitted as a line extension of one of the registered products in the pack.
Brand Registrations are effective from July 1st to June 30th of each year and must be renewed each year.
