Oklahoma Constitution Article XXVIII: ALCOHOLIC BEVERAGE LAWS AND ENFORCEMENT
Oklahoma Constitution – Article XXVIII: Alcoholic Beverage Laws and Enforcement
Article XXVIII of the Oklahoma Constitution governs the regulation, sale, distribution, and enforcement of alcoholic beverages in the state.
🔹 Background:
Oklahoma maintained strict prohibition laws long after national Prohibition ended.
In 1959, Article XXVIII was added to legalize and regulate alcoholic beverages.
It has since been amended, most notably by State Question 792 (approved in 2016), which modernized the state’s alcohol laws.
🔹 Key Provisions of Article XXVIII (Post-SQ 792):
Section 1: Repeal and Replacement
The article repealed old restrictions on the manufacture and sale of alcohol.
Replaced by a comprehensive regulatory framework for alcoholic beverages.
Section 2: Powers of the Legislature
The Legislature has broad authority to:
Regulate manufacture, sale, distribution, and advertising of alcoholic beverages.
Provide rules for licenses, hours of operation, and types of establishments that can sell alcohol (liquor stores, grocery stores, restaurants, etc.).
Enact laws for public health and safety related to alcohol.
Section 3: Alcoholic Beverage Laws Enforcement Commission (ABLE Commission)
Establishes the ABLE Commission as the enforcement agency.
The Commission is responsible for:
Enforcing state alcohol laws.
Issuing and regulating licenses.
Investigating violations and imposing penalties.
Section 4: Local Control
Counties may vote to prohibit or allow liquor by the drink (on-premises consumption).
Local option elections allow voters to determine whether such sales are permitted within their area.
Section 5: Licensing
Alcohol can only be sold or served by entities that hold a valid state license.
Licenses are required for:
Manufacturers
Wholesalers
Retailers (liquor stores, grocery stores, bars, restaurants, etc.)
Section 6: Taxes
The Legislature may impose excise and sales taxes on alcoholic beverages.
Funds collected are used for public purposes, including health and enforcement efforts.
🔹 Significance of State Question 792 (2016)
Brought major reforms, effective October 1, 2018:
Allowed wine and full-strength beer to be sold in grocery and convenience stores.
Permitted cold beer sales in retail locations.
Created a single-license system to streamline the industry.
Modernized bar, restaurant, and event licensing rules.
🔹 Summary
Modern regulatory structure replacing earlier prohibition-style controls.
Emphasis on public safety, local control, and economic regulation.
Allows the state and localities to tailor alcohol policies to community needs.
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