Alcoholic beverage training given green light: ABLE passes emergency rule for Stitt's approval

Bartender pouring alcohol on a cocktail in a night club bar. Close-up
Bartender pouring alcohol on a cocktail in a night club bar. Close-up

Restaurants may soon have a reprieve from the risk of citation over staff educational tastings by the Oklahoma Alcoholic Beverage Laws Enforcement Commission.

At a special meeting Wednesday, ABLE commissioners voted to approve a new emergency rule that will allow "mixed beverage, catering mixed beverage, and beer and wine licensees" to host educational alcoholic beverage training for their employees.

"The emergency rule was unanimously approved," said Lori Carter, assistant director and general counsel for the ABLE Commission. "The ABLE Commission has 10 days to submit the adopted emergency rule to the Secretary of State. If no corrections are needed, it is submitted to the governor for approval or disapproval. The governor has 45 days to approve or disapprove the rule in its entirety. Once the rule is signed by the governor, it is immediately effective."

James Leewright, CEO Oklahoma Restaurant Association, Oklahoma Hotel & Lodging Association, and the Oklahoma Travel Industry Association, issued a statement responding to the rule indicating high hopes for the governor's quick approval of the rule and thanking the ABLE commission for their work on the issue.

“The Governor's effective collaboration with the Oklahoma Restaurant Association serves as a testament to his dedication to fostering a business-friendly environment in our state. Such leadership is crucial in ensuring that Oklahoma continues to grow and thrive as a premier destination for tourism and hospitality," Leewright said. "We are also thankful that the ABLE Commission moved to work with the Oklahoma Restaurant Association to draft emergency rules as a bridge till we can solidify these changes in statute this legislative session. The ABLE Commission has a difficult and important role. I am committed to working with the ABLE Commission to protect public safety but also ensuring a vibrant and business friendly climate for the entire hospitality industry.”

The approval of the rule comes just over a month after The Oklahoman reported local fine-dining restaurant, Mahogany Prime Steakhouse, 145 W Sheridan Ave., was cited for holding an educational tasting, which, according to ABLE, violates current state laws regarding the consumption of alcohol by employees while on duty.

The new rule sets forth specific provisions regarding the amounts and types of alcohol that can be used during tastings and how they must be conducted.

Flights of no more than six 2-ounce beer tastings, six 1-ounce wine tastings or three 1/2-ounce spirit tastings can be consumed by an employee in any day. Tastings are limited to one type of alcohol and cannot mix wine, beer and spirits.

More: Can staff menu tastings earn a citation? Oklahoma restaurant flagged for straw tests.

Additionally, employees cannot begin or return to "regularly scheduled work duties" until at least one hour after the tasting and no employee can be required to participate in a tasting as a condition of employment.

One area the new rule does not address is the use of straw tests by bartenders for checking cocktails, another area ABLE says violates state law.

This article originally appeared on Oklahoman: New educational tasting rule approved unanimously by ABLE Commission