eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 37. INTOXICATING LIQUORS

  § 37-527. Grounds for refusal to issue wholesaler's, Class B wholesaler's or package store license.  

Latest version.

  • The Alcoholic Beverage Laws Enforcement Commission shall refuse to issue a wholesaler, Class B wholesaler or package store license either on an original application or a renewal application, if it has reasonable grounds to believe and finds any of the following to be true:

    1.  That the applicant is not a citizen of the United States or is not a qualified elector in this state, or has not been a continuous resident of this state for the ten (10) years next preceding the application for the license;

    2.  That the applicant is under twenty-one (21) years of age;

    3.  That the applicant or any partner, or spouse of the applicant or any partner, has been convicted of a felony;

    4.  That the applicant or any partner, or spouse of the applicant or any partner, has been convicted of a violation of any state or federal law relating to alcoholic beverages, has forfeited a bond while any charge of such violation was pending, nor may any license be granted for any purpose under the Oklahoma Alcoholic Beverage Control Act, Section 501 et seq. of this title, to an Oklahoma resident, who has held or whose spouse has held a Federal Liquor Stamp in Oklahoma before the adoption of Article XXVII of the Oklahoma Constitution unless said Liquor Stamp was granted for supplying alcoholic beverages to a federal military installation, or was granted under this title;

    5.  That the applicant or any partner has, within twelve (12) months next preceding the date of the application, violated any provision of the Oklahoma Alcoholic Beverage Control Act or regulation of the ABLE Commission issued pursuant hereto.  Provided, however, that if the ABLE Commission has, during said twelve-month period, suspended any license sought to be renewed, such renewal application may be approved if the term of the suspension has been completed and the applicant has complied with any special conditions imposed in connection with the suspension;

    6.  That the applicant is not of good moral character, or that the applicant is in the habit of using alcoholic beverages to excess, or is mentally incapacitated.  Provided, that the record in any municipal court showing a conviction of violation of any municipal ordinances or state statutes involving moral character or public nuisance obtained after passage and approval of the Oklahoma Alcoholic Beverage Control Act shall be received in evidence by the ABLE Commission;

    7.  That the applicant does not own or have a written lease for the premises for which a license is sought;

    8.  That the applicant has, within twelve (12) months next preceding the date of application, been the holder of a license revoked for cause;

    9.  That the applicant is not the real party in interest, or intends to carry on the business authorized by the license as the agent of another;

    10.  That the applicant, in the case of an application for renewal of any license, would not be eligible for such license on a first application;

    11.  That the applicant is a person who appoints or is a law enforcement official or is an employee of the ABLE Commission or of the Director;

    12.  That the proposed location of the licensed premises would violate a valid municipal nondiscriminatory zoning ordinance;

    13.  That, in the case of an application for a wholesaler license, or Class B wholesaler license, any manufacturer, including an officer, director or principal stockholder thereof, or any partner, has any financial interest in the business to be conducted under the license;

    14.  That the issuance of the license applied for would result in a violation of any provision of the Oklahoma Alcoholic Beverage Control Act;

    15.  That, in the case of an application for a wholesaler or Class B wholesaler license, the applicant or any partner, or spouse of the applicant or any partner, is the holder or partner of the holder of any other class of license issued under the provisions of the Oklahoma Alcoholic Beverage Control Act, other than an agent or employee license for employment by the applicant, or a storage license, bonded warehouse license, carrier license or private carrier license; or

    16.  That, in the case of an application for a package store license, the applicant or any partner is the holder or partner of the holder, or employee of such holder of any other class of license issued under the provisions of the Oklahoma Alcoholic Beverage Control Act, other than a storage license or an employee license for the proposed licensed premises of the applicant or of a retail dealer's permit for the same location issued by the Oklahoma Tax Commission for the sale of low-point beer for consumption on the premises as provided by Section 163.7 of this title.

Added by Laws 1959, p. 155, § 27.  Amended by Laws 1976, c. 13, § 1, operative July 1, 1976; Laws 1979, c. 198, § 5, emerg. eff. May 25, 1979; Laws 1985, c. 6, § 24, emerg. eff. March 14, 1985; Laws 1993, c. 180, § 2, emerg. eff. May 13, 1993; Laws 1995, c. 274, § 46, eff. Nov. 1, 1995; Laws 1996, c. 3, § 9, emerg. eff. March 6, 1996; Laws 1997, c. 84, § 2, eff. Nov. 1, 1997; Laws 2008, c. 131, § 1.

Note

NOTE:  Laws 1995, c. 192, § 8 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.