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§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.
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