Restaurant Insurance Authority

Liquor Liability Insurance in Oklahoma

In Brigance, the Oklahoma Supreme Court held that one who sells intoxicating beverages for on-premises consumption has a duty to exercise reasonable care not to sell to a noticeably intoxicated person. Liability rests on ordinary negligence and foreseeability, not a statutory dram-shop scheme (the statute was repealed in 1959).

Reviewed by a licensed commercial insurance agent. Last updated .

Oklahoma has dram-shop liability through case law, not statute — it repealed its dram-shop act in 1959. In Brigance v. Velvet Dove Restaurant (1988), the Oklahoma Supreme Court established a common-law duty: a commercial vendor serving alcohol for on-premises consumption must use reasonable care not to serve a noticeably intoxicated person.

Dram shop law?
Yes
Insurance required?
Not by statute (often required in practice)
Recommended limits
$1M/$2M; higher for high-volume bars/nightclubs
Alcohol authority
Oklahoma ABLE Commission

Dram shop law in Oklahoma

In Brigance, the Oklahoma Supreme Court held that one who sells intoxicating beverages for on-premises consumption has a duty to exercise reasonable care not to sell to a noticeably intoxicated person. Liability rests on ordinary negligence and foreseeability, not a statutory dram-shop scheme (the statute was repealed in 1959).

Statute: Brigance v. Velvet Dove Restaurant, Inc., 1988 OK 68, 756 P.2d 1232 (no comprehensive dram-shop statute).

Is liquor liability insurance required in Oklahoma?

Oklahoma does not statutorily require liquor-liability insurance to hold a license. Coverage is advisable given the open-ended Brigance common-law exposure, and many landlords, lenders, and municipalities require it.

What liquor liability costs in Oklahoma

  • Restaurant: $550–$3,000/yr (Insureon; ~$58/mo food & beverage avg)
  • Bar / tavern: $1,380–$4,000/yr (Insureon bar avg ~$1,379)
  • Nightclub: $1,200–$5,000/yr (estimate)

What owners in Oklahoma miss

  • The duty is judicially created (Brigance), not statutory — Oklahoma repealed its dram-shop act in 1959.
  • The standard is service to a “noticeably intoxicated” person, judged on ordinary negligence and foreseeability.
  • Because the duty is common-law, its contours evolve through later case law rather than a fixed statute.
  • No statutory insurance mandate, but coverage is prudent given the open-ended exposure.

Sources

Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.

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