An Act
ENROLLED SENATE
BILL NO. 169 By: Kidd of the Senate
and
Luttrell of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 7-102, which relates to cocktails -
to-go definitions; expanding the meaning of original
container to include manufactured mixed 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.
SUBJECT: Alcoholic beverages
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 7 -102, is
amended to read as fol lows:
Section 7-102. As used in this act:
1. "Cocktail" or "mixed drink" means any beverage obtained by
combining ingredients alcoholic in nature, whether brewed,
fermented, or distilled, with ingredients nonalcoholic in nature,
such as fruit juice, lemo nade, cream or a carbona ted beverage;
2. "Single-serve wine" means a bottle or sealed contai ner,
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
ENR. S. B. NO. 169 Page 2
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 be en 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 with s ipping holes or openings for straws or a
container made of plastic, p aper 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 37A 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 requirements are met:
1. The cocktail, mixed beverage or single -serve wine is
transferred within the li censed premises by a cur bside 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 de livering the cocktail, m ixed drink or
single-serve wine is not able to safely verify a pers on's age or
level of intoxication upon delivery, the employee shall cancel the
sale of alcohol and return 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
ENR. S. B. NO. 169 Page 3
4. The In the case of a mixed drink sealed by the mixed
beverage or caterer licensee, the sealed container shall be affixed
with a label or tag that contains the following informat ion:
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 wh o filled the
original container and sold the product,
c. the volume of the cocktail, mixed drink or single -
serve wine in the sealed container, and
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 fro m
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 effectiv e November 1, 2022.
ENR. S. B. NO. 169 Page 4
Passed the Senate the 20th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: ___________________________ ______