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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3732 By: West (Josh) of the House
and
Coleman of the Senate
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 7 -102, which relates to cocktails-
to-go definitions; expandi ng the meaning of original
container to include manufactured mi xed drinks;
amending 37A O.S. 2021, Section 7 -103, which relates
to the requirements for cocktails -to-go; modifying
requirements to sell cocktails-to-go; 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 7 -102, is
amended to read as follows:
Section 7-102. As used in this act:
1. "Cocktail" or "mixed drink" means any beverage obtained by
combining ingredients alcoholic in nature, whether b rewed,
fermented, or distilled, with ingredients nonalcoholic in nature,
such as fruit juice, lemonade, cream or a carb onated beverage;
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2. "Single-serve wine" means a bottle or sealed contain er,
containing seven (7) fluid ounces, or less, of wine;
3. "Original container" means, for the purposes of this act
only, a container that is filled, sealed and secured with a tamper-
evident lid or cap by the original manufacturer of the mixed drink
or by a mixed beverage licensee 's or caterer licensee 's employee at
the mixed beverage licensee's or caterer licensee 's location with a
tamper-evident lid or cap;
4. "Sealed container" means a rigid container that contains a
mixed drink, is new, has never bee n used, has a secured lid or cap
designed to prevent consumption without removal of the lid or cap
and is tamper evident. Sealed container does not include a
container with a lid wit h sipping holes or openings for straws or a
container made of plastic, pa per or polystyrene foam; and
5. "Tamper evident" means a lid or cap that has been sealed
with tamper-evident covers, including, but not limited to, wax dip
or heat-shrink wrap.
SECTION 2. AMENDATORY 37 A O.S. 2021, Section 7 -103, is
amended to read as follows:
Section 7-103. A cocktail, mixed drink or single-serve wine
placed in a sealed container by a mixed beverage licensee at the
mixed beverage licensee 's or caterer licensee's location in its
original container may be transferred and sold for off-premises
consumption if the following requir ements are met:
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1. The cocktail, mixed beverage or single -serve wine is
transferred within the licensed premises by a curbside pickup or by
delivery by an employee of the retail licensee who:
a. is at least twenty-one (21) years of age, and
b. upon delivery, verifies the age of the person to whom
the cocktail is being delivered;
2. If the employee delivering the cocktail , mixed drink or
single-serve wine is not able to safely verify a person 's age or
level of intoxication upon delivery, the employee shall cancel the
sale of alcohol and ret urn the product to the retail license holder;
3. The sealed container is placed in the trunk of the vehicle
or, if there is no trunk, in the vehicle 's rear compartment that is
not readily accessible to the passenger area ; and
4. The In the case of a mixe d drink sealed by the mixed
beverage or caterer licensee, the sealed container shall be affixed
with a label or tag that contains the following information:
a. the cocktail, mixed drink or single -serve wine
ingredients, type and name of the alcohol,
b. the name, license number and address of the mixed
beverage licensee or caterer licensee who filled the
original container and sold the product,
c. the volume of the cocktail, mixed drink or single -
serve wine in the sealed co ntainer, and
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d. verification that the sealed container was filled less
than seven (7) days before the date of sale ; and
5. In the case of a mixed drink in its original container from
the original manufacturer of the mixed drink, the Oklahoma -
registered label shall not be tampered with, modified, or otherwise
changed.
SECTION 3. This act shall become effec tive November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/03/2022 - DO PASS, As Coauthored.