Okla. Stat. tit. 37A § 2-161

Current through Laws 2024, c. 453.

Section 2-161 - Curbside pickup and delivery

A. Retail spirit licensees may sell curbside and deliver alcoholic beverages including beer, wine, and spirits in sealed original containers to consumers aged twenty-one (21) years and older as follows:

1. Only employees of the retail spirit licensee shall be permitted to make alcoholic beverage product deliveries to consumers;

2. Payment for alcoholic beverage product delivery by the retail spirit licensee may be made by cash, check, transportable credit/debit card processors or advance on-line payment methods; and

3. The retail spirit licensee shall be responsible for his or her delivery employees as provided in Section 2-133 of Title 37A of the Oklahoma Statutes.

B. Small brewers and small farm wineries licensed by the Oklahoma ABLE Commission may sell curbside only alcoholic beverages produced by such licensee in sealed original containers to consumers aged twenty-one (21) years and older as follows:

1. Only employees of the licensed small brewer or small farm winery shall be permitted to make alcoholic beverage product deliveries to consumers;

2. Payment for alcoholic beverage product delivery by licensed small brewers or small farm wineries may be made by cash, check, transportable credit/debit card processors, or advance on-line payment methods; and

3. Small brewers and small farm wineries shall be responsible for their delivery employees as provided in Section 2-133 of Title 37A of the Oklahoma Statutes.

C. Restaurants, bars and clubs holding mixed beverage, beer and wine, or caterer/mixed beverage licenses issued by the Oklahoma ABLE Commission may sell curbside and deliver only closed packages of beer and wine to consumers aged twenty-one (21) years and older as follows:

1. Only employees of such restaurant, bar or club licensee shall be permitted to make alcoholic beverage package deliveries to consumers;

2. Payment for alcoholic beverage package delivery by licensed restaurants, bars and clubs may be made by cash, check, transportable credit/debit card processors, or advance on-line payment methods; and

3. Restaurants, bars and clubs licensed by the Oklahoma ABLE Commission shall be responsible for their delivery employees as provided in Section 2-133 of Title 37A of the Oklahoma Statutes.

D. Grocery and convenience stores holding a retail beer and/or retail wine license issued by the Oklahoma ABLE Commission may sell curbside and deliver original sealed containers of beer and/or wine only according to the license held to consumers aged twenty-one (21) years and older as follows:

1. Only employees of such licensed grocery or convenience store shall be permitted to make alcoholic beverage product deliveries to consumers;

2. Payment for alcoholic beverage product delivery by a licensed grocery or convenience store may be made by cash, check, transportable credit/debit card processors or advance on-line payment methods; and

3. Grocery and convenience store licensees shall be responsible for their delivery employees as provided in Section 2-133 of Title 37A of the Oklahoma Statutes.

E. Licensees authorized by this section to make alcoholic beverage product deliveries to consumers are prohibited from utilizing third-party vendors or delivery services for purposes of completing such product deliveries to consumers.

F. Licensees authorized by this section to make alcoholic beverage product deliveries to consumers shall comply with the laws, rules, procedures and executive orders incumbent on such licensee.

G. The Oklahoma ABLE Commission is authorized to promulgate rules, regulations, forms and procedures necessary to implement and enforce the provisions of this section.

H. For purposes of this section each delivery authorized by a licensee to be made by his or her employee shall be deemed a direct hand-to-hand sale as though the consumer was physically present on the licensed premises and authorized by law by such licensee.

Okla. Stat. tit. 37A, § 2-161

Added by Laws 2020 , c. 155, s. 1, eff. 5/21/2020.