A. On and after the effective date of this act, as an exception to the provisions in paragraph 8, 9, 10 or 11 of Section 1315 of Title 59 of the Oklahoma Statutes prohibiting a person from being a bail bondsman or receiving any benefit from the execution of any bail bond, a person who holds an ownership interest in a restaurant establishment where alcoholic beverages are lawfully sold incidental to the sale of food or who is an officer, director or stockholder of a corporation that owns or operates a restaurant where alcoholic beverages are lawfully sold incidental to the sale of food, may be a licensed bail bondsman. For purposes of this section, "incidental to the sale of food" means the sale of all alcoholic beverages is not more than fifty percent (50%) of the monthly gross sales of the establishment, and "alcoholic beverages" means all beverages containing more than three and two-tenths percent (3.2%) alcohol by weight, and all mixed beverage coolers, as defined by Section 506 of Title 37 of the Oklahoma Statutes, regardless of percent of alcohol content, and all beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight.

B. No licensed bondsman who holds any license issued from the ABLE Commission or any permit issued from any governmental subdivision or who has any ownership interest, employment or interest in any business identified by the provisions of paragraph 8, 9, 10 or 11 of Section 1315 of Title 59 of the Oklahoma Statutes may execute the duties of a bondsman or have a bondsman office on the premises of such establishment.

C. No exception authorized in this section for a licensed bondsman to additionally hold a license issued by the ABLE Commission or a permit issued by a governmental subdivision pursuant to paragraph 8, 9, 10 or 11 of Section 1315 of Title 59 of the Oklahoma Statutes shall apply to or be construed as an exception for a bail enforcer.

D. The ABLE Commission shall be authorized to investigate all provisions authorized by this section and shall certify in writing to the Insurance Commissioner, upon written request, that a person is eligible for an exception to the prohibitions of Section 1315 of Title 59 of the Oklahoma Statutes. The ABLE Commission shall immediately notify the Insurance Commissioner, in writing, if a person becomes disqualified for an exception to the prohibitions of paragraph 8, 9, 10 or 11 of Section 1315 of Title 59 of the Oklahoma Statutes. If, after an investigation of a violation of the provisions of this section, the bail bondsman is found to be disqualified to be licensed as a bail bondsman, the ABLE Commission shall be entitled to reimbursement for all costs, expenses and attorney fees and in addition, the person shall have the bail bondsman license permanently revoked by the Insurance Commissioner.

Added by Laws 2015, c. 212, § 1, eff. Nov. 1, 2015.