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§37A-3-103. Filing of rules by Commission - Notice of license applicants to be sent to municipalities or county commissioners, county sheriff, district attorney and chief of police.

37A OK Stat § 37A-3-103 (2019) (N/A)
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All rules of the ABLE Commission shall be promulgated and filed pursuant to the provisions of the Administrative Procedures Act, and also shall be filed with the Secretary of State and the State Librarian pursuant to the provisions of Sections 251 through 253 of Title 75 of the Oklahoma Statutes. Copies of all rules shall be made available to each county clerk, district attorney, sheriff and chief of police in the state upon request.

The ABLE Commission shall send a notice of application for a license to sell alcohol, alcoholic beverage, wine or beer under the Oklahoma Alcoholic Beverage Control Act to the district attorney of the county wherein the premises is located at least fifteen (15) days prior to the approval or disapproval of the application.

For any applicant for a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act whose place of business for which the license is being sought is located in a city or town, the ABLE Commission shall mail a notice of application to the chief of police of the city or town, the sheriff of the county in which the city or town is located, and the district attorney of the county in which the city or town is located. The city or town may make recommendations on whether or not the applicant should be issued a license by the ABLE Commission within twenty (20) days after the date the copies of the application were mailed.

For any applicant for a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act whose place of business for which the license is being sought is located outside of the incorporated boundaries of a city or town, the ABLE Commission shall mail a notice of application to the board of county commissioners of the county in which the place of business is located, the sheriff of the county and the district attorney of the county. The board of county commissioners shall make recommendations on whether or not the applicant should be issued a license by the ABLE Commission within twenty (20) days after the date the copies of the application were mailed.

Any political subdivision which is entitled to notice of an application for a license shall be considered an interested party to the proceeding and shall be given notice of any issuance of license. The political subdivision shall be entitled to appeal any such issuance in the same manner as the applicant would be entitled to appeal a denial of the license application.

Added by Laws 2016, c. 366, § 73, eff. Oct. 1, 2018. Amended by Laws 2018, c. 212, § 1, eff. Oct. 1, 2018.

NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 307, which was adopted at election held on Nov. 8, 2016.

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