A. A tax at the rate of thirteen and one-half percent (13.5%) is hereby levied and imposed on the total gross receipts of a holder of an on-premises beer and wine, mixed beverage, caterer, public event or special event license issued by the ABLE Commission, from:
1. The sale, preparation or service of mixed beverages;
2. The total retail value of complimentary or discounted mixed beverages;
3. Ice or nonalcoholic beverages that are sold, prepared or served for the purpose of being mixed with alcoholic beverages and consumed on the premises where the sale, preparation or service occurs; and
4. Any charges for the privilege of admission to a mixed beverage establishment which entitle a person to complimentary mixed beverages or discounted prices for mixed beverages.
B. For purposes of this section:
1. “Catering events” means events authorized pursuant to Sections 2-112 and 2-113 of this title;
2. “Mixed beverages” means mixed beverages as defined by Section 1-103 of this title;
3. “Public events” means public events as defined by Section 1-103 of this title;
4. ”Special events” means special events as defined by Section 1-103 of this title;
5. “Total gross receipts” means the total amount of consideration received as charges for admission to a mixed beverage establishment, as provided in paragraph 4 of subsection A of this section, and the total retail sale price received for the sale, preparation or service of mixed beverages, ice and nonalcoholic beverages to be mixed with alcoholic beverages. The advertised price of a mixed beverage may be the sum of the total retail sale price and the gross receipts tax levied thereon. For the purpose of presenting a sales receipt to a customer purchasing wine, beer and mixed beverages for on-premises consumption, except during catered events, public events and special events, the thirteen and one-half percent (13.5%) gross receipts tax shall be listed as a separate item on the customer receipt; and
6. “Total retail value” means the total amount of consideration that would be required for the sale, preparation or service of mixed beverages.
C. The gross receipts tax levied by this section shall be in addition to the excise tax levied in Section 5-101 of this title, the sales tax levied in the Oklahoma Sales Tax Code and to any municipal or county sales taxes.
D. The gross receipts tax levied by this section is hereby declared to be a direct tax upon the receipt of consideration for any charges for admission to a mixed beverage establishment, as provided in paragraph 4 of subsection A of this section, for the sale, preparation or service of mixed beverages, ice and nonalcoholic beverages to be mixed with alcoholic beverages, and the total retail value of complimentary or discounted mixed beverages.
E. The total of the retail sale price received for the sale, preparation or service of mixed beverages, ice and nonalcoholic beverages to be mixed with alcoholic beverages shall be the total gross receipts for purposes of calculating the sales tax levied in the Oklahoma Sales Tax Code.
Added by Laws 2016, c. 366, § 108, eff. Oct. 1, 2018. Amended by Laws 2021, c. 359, § 1, eff. Nov. 1, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.