Oklahoma 2022 Regular Session

Oklahoma House Bill HB1618 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1618 By: Bennett
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38	38	AS INTRODUCED
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40	40	An Act relating to alcoholic beverages; creating
41	41	craft distiller licenses; providing for authority
42	42	pursuant to the licenses; defining te rms;
43	43	establishing annual licenses fees; providing for
44	44	codification; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. NEW LAW A new section of law to be codified
52	52	in the Oklahoma Statutes as Section 2 -103.1 of Title 37A, unless
53	53	there is created a duplication in numbering, reads as follows:
54	54	A. A craft distiller license shall authorize the holder thereof
55	55	to:
56	56	1. Manufacture, bottle, package and store spirits produced by
57	57	the licensee on licensed premises;
58	58	2. Sell spirits in this state to licensed wholesalers and to
59	59	sell spirits outside this state to qualified persons;
60	60	3. Serve free samples of spirits produced only by the licensee
61	61	to visitors twenty-one (21) years of age and ol der. For purposes of
62	62	this paragraph, no visitor may sample more than a total of three (3)
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89	89	fluid ounces of spirits per day. The distiller shall restrict the
90	90	distribution and consumption of samples of spirits to an area within
91	91	the licensed premise s designated by the distiller. A current floor
92	92	plan that includes the designated sampling area shall be on file
93	93	with the ABLE Commission. No visitor under twenty -one (21) years of
94	94	age shall be permitted to enter the designated sampling area when
95	95	samples are being distributed and consumed. Samples of spirits
96	96	served by a distiller under this paragraph shall not be considered a
97	97	sale of spirits within the meaning of Article XXVIII -A of the
98	98	Oklahoma Constitution or Section 1 -103 of Title 37A of the Oklahoma
99	99	Statutes; provided such samples of spirits shall be considered
100	100	removed or withdrawn from the distillery for use or consumption
101	101	within the meaning of Section 5 -110 of Title 37A of the Oklahoma
102	102	Statutes for excise tax determination and reporting requirements.
103	103	Sampling may only occur between the hours of 10:00 a.m. and
104	104	2:00a.m.;
105	105	4. Sell spirits produced by the licensee for either on -premises
106	106	or off-premises consumption to consumers on the distillery premises,
107	107	or on an area controlled by the licensee located contiguous to the
108	108	licensed premises. Such sales will incur a fee paid to a
109	109	wholesaler, negotiated between the licensee and wholesaler, and be
110	110	considered a sale through the wholesaler ; and
111	111	5. Sell spirits at public events such as trade shows or
112	112	festivals. Such sales will incur a fee paid to a wholesaler,
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139	139	negotiated between the licensee and wholesaler, and be considere d a
140	140	sale through the wholesaler.
141	141	Spirits sold under paragraphs 4 and 5 of this subsection are not
142	142	to exceed fifteen thousand (15,000) gallons per calendar year in
143	143	combination.
144	144	B. As used in this act, "craft distiller" means a distillery
145	145	that does not annually produce for sale more that one hundred
146	146	thousand (100,000) proof gallons of spirits as reported to the
147	147	United States Department of the Treasury Al cohol and Tobacco Tax and
148	148	Trade Bureau. This is the same definition adopted by the Tax and
149	149	Trade Bureau.
150	150	SECTION 2. NEW LAW A new section of law to be codified
151	151	in the Oklahoma Statutes as Section 2-103.2 of Title 37A, unless
152	152	there is created a duplication in numbering, reads as follows:
153	153	The annual license fees for a craft distiller license issued
154	154	pursuant to Section 1 of this act shall be One Hundred Twenty-five
155	155	Dollars ($125.00).
156	156	SECTION 3. This act shall become ef fective November 1, 2021.
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158	158	58-1-6196 JL 12/22/20