HB3641 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3641 By: Dempsey and Humphrey of the
House
and
Coleman of the Senate
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; providing
that a holder of a small farm winery or winemaker
license may serve free samples and sell other items;
providing wine may be served at off -premises
locations; providing that at public events the
location occupied by the small farm winery or
winemaker licensee becomes a licensed premises and
extension of the licensed small farm winery or
winemaker; requiring a licensee to establish a
serving area; providing that multipl e licensees may
combine their serving areas; a mending 37A 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 satel lite locations;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
HB3641 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 2-162 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A holder of a small farm winery or winemaker lic ense, which
serves wine for on-premises or off-premises consumption, shall be
allowed to serve free samples, or sell Oklahoma-manufactured wine,
mulled wine, or spiced w ine, mixed with nonalcoholic beverages, or
food items such as water, sugar, fruits, and vegetables, at any
temperature. Wine produced by a holder of a small farm winery or
winemaker license may be serve d at any public events including, but
not limited to, festivals, trade shows, boat shows, RV shows, home
and garden shows, fairs, car shows, swap meets, city events, county
events, or state events for either on -premises or off-premises
consumption. This i ncludes any public events that are held at
premises which hold a retail beer license, retail spirits license,
mixed beverage license, beer a nd wine license, caterer's license,
special event license, public event license, winemaker license,
charitable auction license, or brewpub license. At public events,
the location within the event occupied by the small farm winery or
winemaker licensee bec omes a licensed premises and extension of the
licensed small farm winery or winemaker. The licensee shall set up
and define an area contiguous to its booth space as a s erving area
where the wine is dispensed. The licensee may only serve the wine
in the serving area. In the event that multiple winemakers are at
HB3641 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the same public event, they may combine their serving are as into one
larger area as long as they are contiguou s to the winemakers'
booths.
SECTION 2. AMENDATORY 37A O.S. 2 021, 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 st ore spirits on
licensed premises;
2. To sell spirits in this state to licensed wholesa lers 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
import spirits from without this state for manufacturing purposes in
accordance with federal la ws 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 pre mises designated by the distiller. A
current floor plan that includes the designated sampling area shall
be on file with the ABLE Commissio n. No visitor under twenty -one
(21) years of age shall be permitted to enter the designated
HB3641 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sampling area when samp les are being distributed and consumed.
Samples of spirits served by a distiller under this section shall
not be considered a sale of spiri ts within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
title; provided, suc h samples of spirits shall be considered removed
or withdrawn from the distillery for use or consumption within the
meaning of Section 5 -110 of this title for excise tax determination
and reporting requirements;
5. To sell spirits produced by the licensee for either on-
premises or off-premises consumption t o consumers on the licensed
distillery premises or in an area controlled by the license e located
contiguous to the licensed distillery premises. Product offered for
sale by the Oklahoma -licensed distiller will have been sold to and
shipped to an Oklahoma licensed wine and spirits wholesaler and then
made available for purchase by the Oklaho ma-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 licensed
wine and spirits wholesal er and then made available for purchase by
the Oklahoma licensed distiller ; and
7. To establish distiller's satelli te locations, which shall be
considered extensions of the distiller's licensed premises, where
the distiller's products may be tasted, sampl ed, and served for on -
HB3641 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
premises consumption and the holder of a distiller's license is
permitted to sell the distille r'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 sell. The spirits sold at a
satellite tasting room must h ave 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 calendar year in combination.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/03/2022 - DO PASS, As Amended and Coauthored.