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ENGROSSED SENATE
BILL NO. 1788 By: Coleman of the Senate
and
Marti of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 7 -102, which relates to
definitions; modifying definition; amending 37A O.S.
2021, Section 7-103, which relates to requirements
for off-premises consumption; allowing for
distribution of mixed drinks under certain
conditions; updating statutory reference s; and
declaring an emergency.
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 follows:
Section 7-102. As used in this act Section 7-101 et seq. of
this title:
1. “Cocktail” or “mixed drink” means any beverage obtaine d by
combining ingredients alcoholic in nature, whether brewed,
fermented, or distilled, with ingredients nonalcoholic in nature,
such as fruit juice, lemonade, cream or a carbonated beverage;
2. “Single-serve wine” means a bottle or sealed container,
containing seven (7) fluid ounces, or less, of wine;
3. “Original container” means, for the purposes of this act
Section 7-101 et seq. of this title only, a container that is
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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 been 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 sipping holes o r openings for straws or a
container made of plastic, paper 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 bev erage 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 l icensed premises by a curb side pickup or by
delivery by an employee of the retail licensee who:
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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 delive red;
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 return the product to the retail licens e 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 mixed drink sealed by the mi xed
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 add ress of the mixed
beverage licensee or caterer licensee who filled the
original container and sold the p roduct,
c. the volume of the cocktail, mixed drink or single -
serve wine in the sealed container, and
d. verification that the sealed container was fille d 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 -
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registered label shall not be tampered with, modified, or other wise
changed.
SECTION 3. It being immediately necessary for the pr eservation
of the public peace, hea lth or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 7th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives