Restrictions on Commission members and employees –

Penalties.

A. No member or employee of the ABLE Commission shall:

1. Be appointed or serve who has been convicted of a felony or

of any violation of any federal or state law relating to alcoholic

beverages;

2. Directly or indirectly, individually or as a member of a

partnership, or as a shareholder of a corporation, have any interest

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 23

whatsoever in the manufacture, sale or distribution of alcoholic

beverages;

3. Receive any compensation or profit therefrom, nor have any

interest, directly or indirectly, in any business authorized by a

license issued pursuant to the provisions of the Oklahoma Alcoholic

Beverage Control Act. The holding of membership or elective or

appointed office in fraternal organizations which obtain licenses

authorized by the Oklahoma Alcoholic Beverage Control Act shall not

be considered to be engagement in the alcoholic beverage business;

4. Solicit or accept any gift, gratuity, emolument or

employment from any person subject to the provisions of the Oklahoma

Alcoholic Beverage Control Act, or from any officer, agent or

employee thereof;

5. Solicit, request from or recommend, directly or indirectly,

to any such person or to any officer, agent or employee thereof, the

appointment of any person to any place or position, and every such

person, and every officer, agent or employee thereof, is hereby

forbidden to offer to any member or employee of the ABLE Commission

any gift, gratuity, emolument or employment;

6. Accept employment within the alcoholic beverage industry for

any holder of a license issued pursuant to the provisions of the

Oklahoma Alcoholic Beverage Control Act; or

7. Represent, directly or indirectly, any such licensee in any

proceedings before the Director, the ABLE Commission or the Tax

Commission within two (2) years following separation from the ABLE

Commission.

B. Violation of any provision of subsection A of this section

shall constitute a misdemeanor. In addition to the penal

provisions, any person convicted shall be immediately removed from

the office or position he or she holds.

C. No license of any kind shall be granted to or retained by

any person or any partnership containing any partner who is related

to any member of the ABLE Commission or to the Director or Assistant

Director by affinity or consanguinity within the third degree or who

is related to any other employee of the ABLE Commission by affinity

or consanguinity in the first degree. If a license is held in

violation of the provisions of this subsection, the member or

employee of the ABLE Commission shall not be entitled to receive any

compensation or other monies from the State of Oklahoma while a

license is held in violation of the provisions of this subsection.

D. It shall be unlawful for any member or employee of the ABLE

Commission to lend, expend or contribute any money, funds, property

or other thing of value, or use his or her official position for the

purpose of securing the nomination or election or the defeat of any

candidate for public office in the State of Oklahoma.

E. Any person who shall violate the provisions of subsection D

of this section shall, upon conviction, be fined not less than Two

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 24

Thousand Five Hundred Dollars ($2,500.00) nor more than Five

Thousand Dollars ($5,000.00), or be imprisoned in the county jail

for not more than one (1) year, or by both such fine and

imprisonment. Any person found guilty of violating the provisions

of this subsection shall, upon conviction, in addition to the

criminal penalty imposed herein, be discharged from the office or

position he or she holds and shall not be rehired to any state

position.