[Previous] [Next]

37-506.1.


37-506.1.
   
   A. The Alcoholic Beverage Laws Enforcement Commission, also referred
   to in the Oklahoma Alcoholic Beverage Control Act as the ABLE
   Commission, created pursuant to the provisions of Section 1 of Article
   XXVIII of the Oklahoma Constitution, as the successor to the Oklahoma
   Alcoholic Beverage Control Board, shall be organized as follows:
   
   1. The five (5) members serving on the Oklahoma Alcoholic Beverage
   Control Board on September 18, 1984, shall serve as the five (5)
   at-large members of the ABLE Commission until the dates on which their
   terms of office on the Oklahoma Alcoholic Beverage Control Board would
   have expired. Thereafter, the term of office of a member appointed
   at-large to the ABLE Commission shall be five (5) years.
   
   2. Within ninety (90) days after September 18, 1984, the two members
   required by the provisions of Article XXVIII of the Oklahoma
   Constitution to have law enforcement experience in this state shall be
   appointed. The terms of office of these members and of successors to
   these positions shall be five (5) years. Members with law enforcement
   experience shall meet the qualifications for permanent appointment of
   police or peace officers provided for in Section 3311 of Title 70 of
   the Oklahoma Statutes.
   
   B. Members of the ABLE Commission shall be citizens of the United
   States, shall be qualified electors in this state, shall have been
   residents of this state for at least ten (10) consecutive years
   immediately preceding the date of their appointment and qualification,
   and shall be persons of outstanding character, experienced, efficient,
   and successful in business affairs, and of good reputation in their
   communities. Said members shall execute the loyalty oath required by
   law for elected state officials before assuming the duties of their
   office. No person shall be appointed who has been convicted of or
   shall have pleaded guilty to a felony, or of any violation of any
   federal or state law concerning the manufacture or sale of alcoholic
   beverage or cereal malt beverages prior or subsequent to the passage
   of the Oklahoma Alcoholic Beverage Control Act, or who has paid a fine
   or penalty in settlement in any prosecution against him in any
   violation of such laws, or who shall have forfeited his bond to appear
   in court to answer charges for any such violation. No appointee shall
   serve if he or any person related to him in the third degree by
   consanguinity or affinity is an officer, director, employee, or
   stockholder in any corporation or partnership which has as its
   business the manufacture, sale, or distribution of an alcoholic
   beverage. ABLE Commission members shall not own, mortgage, or lease
   any retail or wholesale store or warehouse, any establishment selling
   alcoholic beverages by the individual drink for on-premises
   consumption, any establishment operated by a caterer who provides
   alcoholic beverages by the individual drink pursuant to a caterer's
   license, or any bottle club as provided in the alcoholic beverage
   control laws of this state. The provisions of the Oklahoma Alcoholic
   Beverage Control Act shall not prevent any member of the ABLE
   Commission from purchasing and keeping in his possession, for his own
   use or use by the members of his family or any guests, any alcoholic
   beverage which may be purchased or kept by any person by virtue of the
   provisions of the Oklahoma Alcoholic Beverage Control Act.
   
   C. A majority of the members of the ABLE Commission shall constitute a
   quorum to transact business, but no vacancy shall impair the right of
   the remaining members to exercise all of the powers of said
   Commission, and every act of a majority of the members shall be deemed
   to be the act of the ABLE Commission. The ABLE Commission shall
   appoint the Director as secretary who shall keep a record of all
   proceedings and official acts of the Commission and who shall be the
   custodian of all records and perform such other duties as the ABLE
   Commission shall prescribe.
   
   D. Each member of the ABLE Commission shall receive reimbursement for
   travel expenses incurred in attending meetings as provided for in the
   State Travel Reimbursement Act.
   
   E. The office of the ABLE Commission shall be in Oklahoma City in
   office space provided by the Office of Public Affairs. All meetings of
   the ABLE Commission shall be open to the public and all records of the
   ABLE Commission shall be public records and open for public
   inspection. The ABLE Commission shall hold regular meetings at least
   once a month at its office, and may hold such special meetings as it
   deems necessary at any time and at any place within the state. The
   ABLE Commission, for authentication of its records, process, and
   proceedings, may adopt, keep, and use a common seal, of which seal
   judicial notice shall be taken in all the courts of the state. Any
   process, notice, or other paper which the ABLE Commission may be
   authorized by law to issue shall be deemed sufficient if signed by the
   secretary of the ABLE Commission and authenticated by such seal. All
   acts, orders, proceedings, rules, regulations, entries, minutes, and
   other records of the ABLE Commission, and all reports and documents
   filed with the ABLE Commission may be proved in any court of this
   state by copy thereof certified by the secretary of the ABLE
   Commission with the seal of the ABLE Commission attached. The ABLE
   Commission shall not adopt or promulgate any rule or regulation
   inconsistent with the provisions of the Oklahoma Alcoholic Beverage
   Control Act or any law of this state.
   
   F. All unexpended funds, property, records, personnel, and outstanding
   financial obligations and encumbrances of the Oklahoma Alcoholic
   Beverage Control Board shall be transferred to the Alcoholic Beverage
   Laws Enforcement Commission.
   

[Previous] [Next]