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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 37. INTOXICATING LIQUORS

  § 37-537.1. Mixed beverage, beer and wine, bottle club, caterer or special event licensee or their officer or agent - Prohibited acts.  

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  • No mixed beverage, beer and wine, bottle club, caterer 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 is on duty.  For the purposes of this section, licensees will be deemed to be on duty from the time he first comes on duty until the time he 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 said 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, or

    (b)              licensees, who are lawfully operating at an event held in a facility 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, provided that the building 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

    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 1985, c. 6, § 86, emerg. eff. March 14, 1985.  Amended by Laws 1994, c. 361, § 16; Laws 2010, c. 289, § 5, emerg. eff. May 28, 2010.