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Bill > HB1367
OK HB1367
OK HB1367Alcoholic beverages; actions by employees; establishment licensed by the ABLE Commission; license; violation; effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
04/17/2025
04/17/2025
Crossed Over
03/25/2025
03/25/2025
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to alcoholic beverages; defining terms; making certain actions by an employee not attributable to licensed establishments; providing an affirmative defense under certain circumstances; requiring licensed establishments to present certain information when asserting the affirmative defense; attributing certain actions by an employee to the licensed establishment; creating a rebuttable presumption that a licensed establishment has indirectly encouraged violations of the law by employees; authorizing the ABLE Commission to present evidence to establish a rebuttable presumption; stating which party has the burden of persuasion; providing construing provision; providing for codification; and providing an effective date.
AI Summary
This bill addresses alcoholic beverage regulations for establishments licensed by the Alcoholic Beverage Laws Enforcement (ABLE) Commission by establishing new provisions that define how employee actions relate to the establishment's liability. The bill creates definitions for "employee" and introduces an affirmative defense mechanism for licensed establishments when employees violate alcohol service rules. Under the new law, an establishment can avoid liability for an employee's violation if it can demonstrate that it required all employees to maintain valid ABLE Commission licenses, mandated seller-server training certificates, adopted written policies prohibiting alcohol service to minors, intoxicated persons, or mentally deficient individuals, and ensured employees understand these policies through written acknowledgments. If an employee violates alcohol service rules three or more times within twelve months, the ABLE Commission can create a rebuttable presumption that the establishment has indirectly encouraged violations. The establishment then bears the burden of proving it did not encourage such violations. Importantly, the bill provides a structured approach to holding establishments accountable while also offering a pathway to demonstrate responsible management, with the new provisions set to take effect on November 1, 2025.
Committee Categories
Business and Industry, Health and Social Services
Sponsors (2)
Last Action
Placed on General Order (on 04/22/2025)
Official Document
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