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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2222 By: McDugle
AS INTRODUCED
An Act relating to alcoholic beverages; 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 authority of holder of retail
spirits license; authorizing tasting parties;
specifying requirements; defining term; providing
that serving of samples does not constitute sale s;
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.
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 s mall 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 fo r resale;
provided, wine may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses ; and
4. To allow tasting parties within the licensed premises:
a. during normal business hours,
b. in a separate room or an area of the premises that has
been sectioned off,
c. if no person under twenty -one (21) years of age is
allowed in the room or area in which the tasting party
is held,
d. if the samples served at the tasting party ar e
provided to patrons at no cost to the patrons,
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e. if any alcoholic beverages sold are sold in their
original sealed packages, and
f. if the licensee does not receive any gift or thing of
value in violation of Section 3 -119 of this title.
As used in this paragraph, "tasting parties" means events for
sampling a selection of spirits, wine or beer to compare qualities.
Samples served pursuant to this paragraph shall not be considered a
sale within the meaning of Article XXVIII -A of the Oklahoma
Constitution.
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 fr om 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;
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%).
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SECTION 2. This act shall become effective November 1, 2021.
58-1-5098 MAH 01/14/21