A mixed beverage license shall authorize the holder thereof:

1. To purchase alcohol, spirits, beer and/or wine in retail containers from the holder of a wine and spirits wholesaler and beer distributor license as specifically provided by law. The holder of a mixed beverage license issued for an establishment which is also a restaurant may purchase wine directly from a winemaker and beer directly from a small brewer who is permitted and has elected to self-distribute as provided in Article XXVIII-A of the Oklahoma Constitution;

2. To sell, offer for sale and possess mixed beverages for on-premises consumption only; provided, a mixed beverage licensee may sell beer and wine for off-premises consumption if it meets the classification of a golf course, country club, or marina pursuant to the most recently adopted North American Industry Classification System (NAICS). The mixed beverage licensee shall be permitted to sell beer and wine for off-premises consumption during all days and hours in which a retail beer licensee or retail wine licensee is permitted to sell beer or wine. The gross receipts tax set forth in Section 5-105 of this title shall apply to all alcoholic beverages sold by the mixed beverage licensee, whether those alcoholic beverages are intended for on- or off-premises consumption. The ABLE Commission shall promulgate rules for the implementation of a special off-premises permit consistent with this subsection. The mixed beverage licensee shall secure the special off-premises permit prior to selling beer and wine for off-premises consumption;

3. Sales and service of mixed beverages by holders of mixed beverage licenses shall be limited to the licensed premises of the licensee unless the holder of the mixed beverage license also obtains a caterer license or a mixed beverage/caterer combination license. A mixed beverage license shall only be issued in counties of this state where the sale of alcoholic beverages by the individual drink for on-premises consumption has been authorized. A separate license shall be required for each place of business; and

4. Upon application, a mixed beverage license shall be issued for any place of business functioning as a motion picture theater, as defined by Section 1-103 of this title. Provided, that upon proof of legal age to consume alcohol, every patron being served alcoholic beverages shall be required to wear a wrist bracelet or receive a hand stamp identifying the patron as being of legal age to consume alcohol. This requirement shall only apply inside a motion picture theater auditorium where individuals under the legal age to consume alcohol are allowed.

Added by Laws 2016, c. 366, § 22, eff. Oct. 1, 2018. Amended by Laws 2017, c. 381, § 6, eff. Oct. 1, 2018; Laws 2019, c. 35, § 1, emerg. eff. April 10, 2019.

NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.