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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1233 By: Coleman
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2 -109, which relates to retail
spirits license; clarifying authorizations; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, 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 distribu tor or from the holder
of a small brewer self -distribution license;
3. To sell same beer, wine, or spirits, refrigerated or non-
refrigerated, on the licensed premises i n such containers to
consumers for off-premises consumption only and not for resale;
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provided, spirits, wine and beer ma y be sold to charita ble
organizations that are holders of charitable a lcoholic beverage
auction or charitable alcoholic beverage event l icenses; and
4. To host alcoholic beverage tastings consistent with
subsections D and E of this section .
B. A retail wine license shall au thorize the holder thereof:
1. To purchase wine f rom a wine and spirits wholesaler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self -distribute as provided in Article
XXVIII-A of the Oklahoma Co nstitution;
3. To sell same on the licensed premises in such containe rs to
consumers for off-premises consumption only and not for 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 host an alcoh olic beverage tasting, consistent with
subsections D and E of this section.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess of fifte en percent (15%).
C. A retail beer license shall authorize the holder the reof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self-
distribution license;
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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 re sale;
provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses ; and
4. To host alcoholic beverage tas tings consistent with
subsections D and E of this section.
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. All tastings conducted under t his section shall:
1. Be conducted under the direct supervision of the licens ee
authorized to host the tasting;
2. Be poured by any ABLE Commission licensee lawfully permitted
to serve alcoholic beverages, provided no wine or spirits
wholesaler, beer dis tributor or employee of a wi ne or spirits
wholesaler or beer distributor shall be allowed to pour samples for
tastings;
3. Use alcoholic beverages purchased by the lic ensee authorized
to host the tastings from a licensed wine and spirits wholesaler,
beer distributor, self-distributor, small brewer or self-
distributing winery author ized to sell the same, and the licensee
shall pay the applicable taxes on the alcoholic be verages purchased;
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provided, the licensee may only provide samples of alcoholic
beverages that its license is author ized to sell;
4. Be restricted to persons twenty -one (21) years of age or
older;
5. Be limited to no more than one (1) fluid ounce of spir its,
two (2) fluid ounces of wine or three (3) fluid ounces of beer per
consumer per day; and
6. Be consumed on the licensed premises of the licensee
authorized to host the tastings or at a location othe r than the
licensed premises, provided no samples se rved on the licensed
premises shall be permitted to be removed from the licensed
premises.
E. All licensees authori zed to serve samples pursuant to
subsection D of this section shall ensure that:
1. All samples are poured only from original sealed packag ing;
2. Any alcoholic beverages remaining in unsealed packaging used
to provide samples, excluding spirits, are pou red out by the end of
the day;
3. No more than six (6) bottles of alcoholic beverag es are
unsealed at any given time; and
4. No person shall remove any samples from the licensed
premises or location where the tasting has occur red.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-2821 MR 1/11/2022 9:12:01 AM