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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1618 By: Bennett
AS INTRODUCED
An Act relating to alcoholic beverages; creating
craft distiller licenses; providing for authority
pursuant to the licenses; defining te rms;
establishing annual licenses fees; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -103.1 of Title 37A, unless
there is created a duplication in numbering, reads as follows:
A. A craft distiller license shall authorize the holder thereof
to:
1. Manufacture, bottle, package and store spirits produced by
the licensee on licensed premises;
2. Sell spirits in this state to licensed wholesalers and to
sell spirits outside this state to qualified persons;
3. Serve free samples of spirits produced only by the licensee
to visitors twenty-one (21) years of age and ol der. For purposes of
this paragraph, no visitor may sample more than a total of three (3)
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fluid ounces of spirits per day. The distiller shall restrict the
distribution and consumption of samples of spirits to an area within
the licensed premise s designated by the distiller. A current floor
plan that includes the designated sampling area shall be on file
with the ABLE Commission. No visitor under twenty -one (21) years of
age shall be permitted to enter the designated sampling area when
samples are being distributed and consumed. Samples of spirits
served by a distiller under this paragraph shall not be considered a
sale of spirits within the meaning of Article XXVIII -A of the
Oklahoma Constitution or Section 1 -103 of Title 37A of the Oklahoma
Statutes; provided such samples of spirits shall be considered
removed or withdrawn from the distillery for use or consumption
within the meaning of Section 5 -110 of Title 37A of the Oklahoma
Statutes for excise tax determination and reporting requirements.
Sampling may only occur between the hours of 10:00 a.m. and
2:00a.m.;
4. Sell spirits produced by the licensee for either on -premises
or off-premises consumption to consumers on the distillery premises,
or on an area controlled by the licensee located contiguous to the
licensed premises. Such sales will incur a fee paid to a
wholesaler, negotiated between the licensee and wholesaler, and be
considered a sale through the wholesaler ; and
5. Sell spirits at public events such as trade shows or
festivals. Such sales will incur a fee paid to a wholesaler,
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negotiated between the licensee and wholesaler, and be considere d a
sale through the wholesaler.
Spirits sold under paragraphs 4 and 5 of this subsection are not
to exceed fifteen thousand (15,000) gallons per calendar year in
combination.
B. As used in this act, "craft distiller" means a distillery
that does not annually produce for sale more that one hundred
thousand (100,000) proof gallons of spirits as reported to the
United States Department of the Treasury Al cohol and Tobacco Tax and
Trade Bureau. This is the same definition adopted by the Tax and
Trade Bureau.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-103.2 of Title 37A, unless
there is created a duplication in numbering, reads as follows:
The annual license fees for a craft distiller license issued
pursuant to Section 1 of this act shall be One Hundred Twenty-five
Dollars ($125.00).
SECTION 3. This act shall become ef fective November 1, 2021.
58-1-6196 JL 12/22/20