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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3641 By: Dempsey
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37 A
O.S. 2021, Section 2 -103, which relates to
distiller's licenses; allowing holders of a
distiller's license to open satellite locations;
providing allowed activities and sales that may occur
at satellite locations; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37 A O.S. 2021, Section 2 -103, is
amended to read as follows:
Section 2-103. A. A distiller license shall authorize the
holder thereof:
1. To manufacture, bottle, package and store spirits on
licensed premises;
2. To sell spirits i n this state to licensed wholesalers and
manufacturers only;
3. To sell spirits out of this state to qualified persons ;, to
purchase from licensed distillers and rectifiers in this state, and
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import spirits from without this state for manufacturing purpos es in
accordance with federal laws and regulations;
4. To serve free samples of spirits produced only by the
licensee to visitors twenty -one (21) years of age and older. For
purposes of this section, no visitor may sample more than a total of
three (3) fluid ounces of spirits per day. The distiller shall
restrict the distribution and consumption of spirits samples to an
area within the licensed premises 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 section shall
not be considered a sale of spirits within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
title; provided, such samples of spirits shall be considered removed
or withdrawn from the distillery for use or consumption wit hin the
meaning of Section 5 -110 of this title for excise tax determin ation
and reporting requirements;
5. To sell spirits produced by the licensee for either on -
premises or off-premises consumption to consumers on the licensed
distillery premises or in a n area controlled by the licensee located
contiguous to the licensed d istillery premises. Product offered for
sale by the Oklahoma -licensed distiller will have been sold to and
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shipped to an Oklahoma licensed wine and spirits wholesaler and then
made available for purchase by the Oklahoma -licensed distiller for
to sale; and
6. To sell spirits at public events such as trade shows or
festivals. Products offered for sale by the Oklahoma licensed
distiller will have been sold to and shipped to an Oklahoma li censed
wine and spirits wholesaler and then made available for purchas e by
the Oklahoma licensed distiller; and
7. To establish distiller 's satellite locations , which shall be
considered extensions of the distiller 's licensed premises, where
the distiller's products may be tasted, sampled, and served for on-
premises consumption and the holder of a distiller's license is
permitted to sell the distiller's products in sealed containers ,
provided that the distiller's license is active and in good standing
and the product offered for sale by the Oklahoma licensed distiller
will have first been sold to and shipped to an Oklahoma licensed
wine and spirt wholesaler and then made available for purchase by
the Oklahoma licensed distiller to sel l. The spirits sold at a
satellite tasting room must have been produced and manufactured by
the holder of the distiller license.
B. Spirits sold pursuant to paragraphs 5 and, 6, and 7 of
subsection A of this section shall not exceed fifteen thousand
(15,000) gallons per calend ar year in combination.
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SECTION 2. This act shall become effective November 1, 202 2.
58-2-9733 JL 01/07/22