Food & Alcohol Regulations
During this unprecedented time, the Oklahoma Restaurant Association, Oklahoma Hotel & Lodging Association and, Oklahoma Travel Industry Association
in partnership, continue to respond to the challenges COVID-19 presents across Oklahoma's hospitality industry. We remain in close and constant communications with our state and national leaders and support organizations, including the Governor’s office, Oklahoma Employment Securities Commission, Oklahoma Secretary of Commerce, our legislative leaders both statewide and federal, NRA, AH&LA, and others. We will vigorously fight for our industry and are always available for your questions, comments, and concerns at firstname.lastname@example.org
FOOD AND ALCOHOL REGULATIONS• ABLE to Vote on Emergency Rules for Alcohol to Go
- At the ABLE commission meeting today commissioners approved the emergency rules to implement the new law contained in SB 1928 which made alcohol to go permanent in the statutes. The emergency rules will go into effect as soon as approved and signed by Governor Stitt. You can view the newly adopted rules here
Highlights of the rules are:
As a reminder:
- Retail Beer, Retail Wine, Mixed Beverage, Caterer/Mixed Beverage, and Beer and Wine licensees allowed to sell sealed original containers of beer and wine only for curbside to go or delivered to consumers over 21
- At time of delivery a valid signature of the person at least 21 years old receiving the alcoholic beverage shall be obtained.
- Records of delivery shall be available to ABLE for a period of 12 months and must include:
- Purchaser’s name, date of birth, delivery location
- Employee’s Name, liquor license number of employee making the delivery
- The signature receipt of the consumer receiving the alcohol
- Vehicles used for delivery shall display a sign with the name of the business and their ABLE license number (can be a magnetic sign)
- Alcohol to go can be sold anytime during the hours a licensee is authorized to sell alcohol. Such sales shall be considered completed at the time of delivery to the end consumer
- To go alcohol may be delivered within the county where the licensed premise is located AND any immediately contiguous county
- Employee of a licensee making a delivery must carry in the vehicle an invoice or receipt with the following:
- Name of licensee selling the alcohol
- Name and address of the consumer purchasing the alcohol
- Date and time the transaction occurred
- The price charged for the alcoholic beverages
- Third party delivery of alcohol to go is not allowed
All sales of alcohol to go are not subject to the 13.5% gross receipts tax, only the applicable sales tax, since the alcohol is not being consumed on-premises.
As always, please contact Jim Hopper
or Collin Graham
if you have questions or need additional information. 6/5/20 • ABLE to Vote on Emergency Rules for Alcohol to Go
- At an ABLE commission meeting this Friday, an agenda item will be voted on to approve emergency rules to go along with the new legislation contained in Senate Bill 1928. As we have previously reported, this bill made permanent the ability of restaurants and other licensees to sell beer and wine only, in original sealed packaging, for to-go and delivery. Prior to the passage of SB 1928, restaurants could do so under temporary rules from the ABLE commission. Now with the passage of the legislation, those rules will be permanent in the Oklahoma Statutes. ORA has been involved in the drafting of the rules, and as soon as they are approved we will share them in a future update. As a reminder, restaurants with the proper licenses are currently allowed to sell wine and beer only to-go and for delivery and the 13.5% mixed beverage tax is NOT collected on those sales because the alcohol is not being consumed on-premises. 6/3/20• Bar Guidance
is the official version of the OSDH guidelines for opening bars, taverns and night clubs, which will occur in Phase Two (May 15), pending achievement of the data points according to the Governor's announcement. If you have any questions, please don't hesitate to reach out to us.
5/11/20• New COVID-19 Food Establishment Reopening Guidance for Oklahoma Restaurants
- The Oklahoma State Department of Health today has released its updated COVID-19 Food Establishment Reopening Guidance.
These reopening guidelines were previously listed on the state's website, however have been revised. The ORA was instrumental in providing input to state officials in order to help restaurants reopen within Governor Kevin Stitt's multi-phase reopening plan. If you have questions, please don't hesitate to reach out to us
. 4/28/20• ABLE Keeps Alcohol Rules in Place Another Month -
Today the Oklahoma ABLE Commission approved an extension of the emergency rules relating to the sale of alcohol to-go. You can view their news release here. The rules remain the same, as they have been for the last month. Wine and beer are to be sold only, in original sealed containers. They can be sold with to-go meals, curbside delivery or delivered with meals as long as they are delivered by your licensed employees. These rules also apply to growlers for draft beer which can still be sold to-go. As a reminder, the 13.5% mixed beverage tax does not have to be collected on alcohol to-go. Mixed beverages and spirits are still not allowed to be sold under this ABLE rule. Please contact us
if you have any questions.Oklahoma Municipality COVID-19 -
Commissioner of Health Gary Cox and Governor Kevin Stitt urge health care providers and testing centers to loosen requirements and to offer testing to any Oklahoman with symptoms of COVID-19. Read the commissioner's public letter here
- The Oklahoma State Department of Health (OSDH) is working to open additional drive-thru COVID-19 testing locations across the state. Find the drive-thru locations open today.
- The governor expanded his Executive Order yesterday, adjusting the timeframe for non-essential businesses to suspend services as well as the suspension of elective surgeries and minor medical procedures.
- The state' 'Safer at Home' order continues to apply until April 30 for all Oklahomans 65 and older, as well as those with compromised immune systems. All 77 counties are included in this order.
- For more information, click here.
- Alcohol To-Go - We have been informed by the Oklahoma Tax Commission that for the duration of the Emergency Alcohol To Go rules from the ABLE Commission, the 13.5% mixed beverage tax DOES NOT apply to those alcohol sales, Applicable sales taxes do still apply. ABLE has told us they will be issuing a revised Emergency Order on Monday and we will share it with you as soon as possible. Nothing else in the ABLE Emergency Rule will change. The permissible alcohol sales remain beer and wine only in sealed containers, purchased with a meal for carry-out, and curb-side delivery only. Alcohol sales paired with meals delivered by third-party delivery operators are still not allowed. Please call Jim Hopper at 405-641-2950 if you have any questions. 3/24/20
- ABLE has announced that restaurants with beer/wine licenses will be allowed to sell canned/bottled beer and can/bottled wine as part of a food sale and for curbside service only. That means you can't purchase only a bottle of wine, but you can add beer or wine to any food order purchase. The loosening of the rule lasts until April 17. Read more about it here. 3/18/20
If you have any questions about this email or the above resources, please don't hesitate to contact Jim Hopper by email
or at 405-942-8181.