1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3334 By: Hays | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to alcoholic beverages; creating the | | Limited Retail-to-On-Premises Alcohol Supply Act; | 8| defining terms; providing that an on-premises | | licensee may purchase alcoholic beverages from an | 9| off-premises licensee under certain conditions; | | providing conditions; requiring certain recordkeeping | 10| and reporting; providing penalty for violation; | | directing the ABLE Commission to promulgate rules; | 11| providing certain clarifications for scope of act; | | providing for noncodification; providing for | 12| codification; and providing an effective date. | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. NEW LAW A new section of law not to be | | | 17|codified in the Oklahoma Statutes reads as follows: | | | 18| This act shall be known and may be cited as the "Limited | | | 19|Retail-to-On-Premises Alcohol Supply Act". | | | 20| SECTION 2. NEW LAW A new section of law to be codified | | | 21|in the Oklahoma Statutes as Section 3-128 of Title 37A, unless there | | | 22|is created a duplication in numbering, reads as follows: | | | 23| A. As used in this act: | | | 24| | | | Req. No. 14048 Page 1 ___________________________________________________________________________
1| 1. "Limited purchase" means a non-wholesale transaction between | | | 2|an off-premises and an on-premises licensee involving sealed | | | 3|alcoholic beverages, subject to weekly volume limits; | | | 4| 2. "Liquor-by-the-Drink Tax" means the excise tax imposed under | | | 5|Sections 5-101 through 5-107 of this title on alcoholic beverages | | | 6|sold for on-premises consumption; | | | 7| 3. "Off-premises licensee" means a holder of a retail spirits | | | 8|license pursuant to Section 2-109 of this title who is authorized to | | | 9|sell alcoholic beverages for off-premises consumption; | | | 10| 4. "On-premises licensee" means a holder of a mixed beverage | | | 11|license pursuant to Section 2-110 of this title or an on-premises | | | 12|beer and wine license pursuant to Section 2-128 of this title who is | | | 13|authorized to sell alcoholic beverages for consumption on the | | | 14|licensed premises; | | | 15| 5. "Sales tax permit" means a valid permit issued by the | | | 16|Oklahoma Tax Commission under Title 68 of the Oklahoma Statutes | | | 17|authorizing the collection and remittance of sales tax; | | | 18| 6. "Tied-house restrictions" means the prohibitions under | | | 19|Section 3-121 of this title and 27 U.S.C., Section '3f205(b) against | | | 20|financial entanglements or coercive relationships between tiers; and | | | 21| 7. "Wholesaler obligations" means the legal duties under | | | 22|Sections 2-107 and 2-138 of this title requiring alcoholic beverage | | | 23|distribution through licensed wholesalers. | | | 24| | | | Req. No. 14048 Page 2 ___________________________________________________________________________
1| B. Notwithstanding Section 2-138 of this title, an on-premises | | | 2|licensee may purchase alcoholic beverages from an off-premises | | | 3|licensee under the following conditions: | | | 4| 1. All beverages must be in sealed, original containers; | | | 5| 2. The on-premises licensee shall retain full responsibility | | | 6|for remitting the Liquor-by-the-Drink Tax under Section 5-105 of | | | 7|this title; | | | 8| 3. The off-premises licensee shall not collect sales tax, | | | 9|provided the on-premises licensee holds a valid sales tax permit and | | | 10|the transfer is documented as a tax-exempt transaction; | | | 11| 4. These limited purchases shall not be used to circumvent | | | 12|wholesaler obligations under Section 2-107 of this title or federal | | | 13|tied-house restrictions under 27 U.S.C., Section '3f205(b); and | | | 14| 5. No licensee may condition such purchases on brand | | | 15|exclusivity, advertising obligations, or promotional consideration. | | | 16| C. 1. Both licensees shall maintain detailed records of each | | | 17|transaction, including: | | | 18| a. date and volume, | | | 19| b. product details, | | | 20| c. license numbers of both parties, and | | | 21| d. documentation of tax responsibilities. | | | 22| 2. Records shall be retained for twenty-four (24) months and | | | 23|provided upon request to the Alcoholic Beverage Laws Enforcement | | | 24|(ABLE) Commission or the Oklahoma Tax Commission. | | | Req. No. 14048 Page 3 ___________________________________________________________________________
1| D. Violations of this act are subject to penalties under | | | 2|Section 2-148 et seq. of this title, including fines up to One | | | 3|Thousand Dollars ($1,000.00) per occurrence, license suspension, or | | | 4|revocation. | | | 5| E. The ABLE Commission shall promulgate rules to implement and | | | 6|enforce this act, which shall be limited to volume caps, reporting | | | 7|formats, and audit procedures only; ABLE is prohibited from making | | | 8|an expansion of eligible products or frequency. | | | 9| F. Nothing in this act shall be construed to permit slotting | | | 10|fees, tied product placements, or incentives or inducements that | | | 11|conflict with Section 3-121 of this title or 27 U.S.C., Section | | | 12|'3f205(b). | | | 13| SECTION 3. This act shall become effective November 1, 2026. | | | 14| | | | 15| 60-2-14048 JL 01/06/26 | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14048 Page 4