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ENGROSSED HOUSE
BILL NO. 1098 By: Strom of the House
and
Coleman of the Senate
An Act relating to the Oklahoma Alcoholic Beverage
Control Act; amending Section 21, Chapter 366, O.S.L.
2016, as amended by Section 1, Chapter 81, O.S.L.
2020 (37A O.S. Supp. 2020, Section 2-109), which
relates to retail licenses; modifying scope of retail
spirit license; authorizing serving of samples;
providing requirements; providing rights of retail
license holder; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 21, Chapter 366, O.S.L.
2016, as amended by Section 1, Chapter 81, O.S.L. 2020 (37A O.S.
Supp. 2020, Section 2-109), is amended to read as follows:
Section 2-109. A. A retail spirits license shall authorize the
holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distributor or from the holder
of a small brewer self -distribution license; and
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3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event licenses ; and
4. To offer product samples of alcoholic beverages on the
licensed premises during any hours the licensed premises are
authorized to be open . The following requirements apply to samples:
a. Samples shall not be bought or sold. T he samples
served shall be provided to pa trons at no cost and
shall not be considered a sale of alcoholic beverages
within the meaning of Article XXVIII -A of the Oklahoma
Constitution. The retail spirits license holder s hall
be responsible for the cost of the samples .
b. Any alcoholic beverages sold shall be in their
original factory-sealed packages or containers.
c. The licensee shall not receive any gift or thing of
value in violation of Section 3 -119 of this title.
d. Sample quantities shall be limited as follows for each
person during a twenty -four-hour period:
(1) distilled spirits: not to exceed twenty-five
hundredths (0.25) ounces per sample and not to
exceed four samples,
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(2) beer and wine: not to exceed one (1) ounce per
sample and not to exceed four samples.
Retail license holders reserve the right to select the brands and
varieties of alcoholic beverages that will be served as samples.
Retail license holders shall not be required to offer samples and
reserve the right to refuse to offer samples .
B. A retail wine license shall authorize the holder thereof:
1. To purchase wine from a wine and spirits wholesaler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self -distribute as provided in Article
XXVIII-A of the Oklahoma Constitution; and
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, wine may be sold to charitable organizations that ar e
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess of fifteen percent (15%).
C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self -
distribution license; and
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
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provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses.
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
SECTION 2. This act shall become effective November 1, 202 1.
Passed the House of Representatives the 3rd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate