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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1811 By: Garvin
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Sections 2 -102, as amended by Section 1,
Chapter 226, O.S.L. 2019, 2-103, and 2-104, which
relate to brewer, wine maker, and distillery licenses;
allowing certain license holders to host off -site
events under certain conditions; authorizing the ABLE
Commission to permit certain license holders to host
off-site events following application; requiring
licensees to sell only the products covered by
licenses; providing details of application ; allowing
Commission to assess fee; providing for codification;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -102, as
amended by Section 1, Chapter 226, O.S.L. 2019, is amended to read
as follows:
Section 2-102. A. A brewer license shall authorize the holder
thereof:
1. To manufacture, bottle, package and store beer or cider on
the licensed premises; and
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2. To sell beer or cider in this state to holders of beer
distributor licenses and to sell beer or cider out of this state to
qualified persons; and
3. To host off-site events pursuant to Section 4 of this act.
B. A small brewer license shall authorize the holder thereof:
1. To manufacture, bottle, package and store beer or cider
produced by the licensee on licensed premise s;
2. To sell beer or cider in this state to hold ers of beer
distributor licenses and retail licenses or to sell beer or cider
out of this state to qualified persons;
3. To serve free samples of beer or cider p roduced by the
licensee to visitors twenty -one (21) years of age or older;
4. To sell beer or cider produced by the licensee for either
on-premises or off-premises consumption to consumers on the brewery
premises, or on premises located contiguous thereto ;
5. To sell beer or cider at public events such as trade shows
or festivals;
6. To purchase wine in retail containers from the holder of a
wholesaler license or as specifically provided by law; and
7. To sell, offer for sale and possess wine for on -premises
consumption; and
8. To host off-site events pursuant to Section 4 of this act.
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C. Nothing in the Oklahoma Alcoholic Beverage Control Act shall
prohibit the holder of a small brewer license from also holding or
owning an interest in the holder of a brewpub lice nse.
D. For purposes of this se ction, no visitor may s ample more
than a total of twelve (12) fluid ounces of beer or cider per day.
The brewer must restrict the distribution of beer or cider to the
serving area within the licensed premises as defined in this
subsection. A current floo r plan that includes th e designated
serving area must be on file with the ABLE Commission. No visitor
under twenty-one (21) years of age shall be permitted to enter this
designated serving area. Accompanied visitors under twenty-one (21)
years of age shall be allowed anywhere on the premises except for a
serving area. Samples of beer or cider served by a brewery under
this section shall not be considered a sale of beer or cider within
the meaning of Article XXVIIIA of the Oklahoma Constitution or
Section 1-103 of this title; h owever, such samples of bee r or cider
shall be considered beer or cider removed or withdrawn from the
brewery for use or consumption within the meaning of Section 5 -110
of this title for excise tax det ermination and reporting
requirements. Sales and sampl ing may only occur between the hours
of 10:00 a.m. and 2:00 a.m. For purposes of this subsection,
“serving area” means the area of the bar where drinks are sold,
prepared and served to paying customer s and shall not include other
areas of the brewery wher e customers consume purchas ed products.
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E. A small brewer self-distribution license shall authorize
holders of a small brewer license to distribute beer or cider
produced only by such licensee to a ho lder of a retail beer license,
retail spirits license, mixed beverage license, bee r and wine
license, caterer’s license, special event license, public event
license, winemaker license charitable auction license or brewpub
license. A small brewer shall ele ct whether it will distribute
through a distributor or self-distribute in a subjec t territory;
however, a small brewer may not elect to do both simultaneously in a
subject territory. The election shall be made through notice to the
ABLE Commission. Any c hanges to the election shall req uire
immediate notification to the ABLE Commission before the change in
election will take effect. A small brewer that elects to self -
distribute in multiple territories shall only be required to have
one small brewer self -distribution license.
SECTION 2. AMENDATORY 37A O.S. 2021 , 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 store spirits on
licensed premises;
2. To sell spirits in this state to licensed wholesaler s and
manufacturers only;
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3. To sell spirits out of this state to qualified persons; to
purchase from licensed distil lers and rectifiers in this state, and
import spirits from without this state for manufa cturing purposes in
accordance with federal laws a nd 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 premises designated by the distiller. A
current floor plan that includes the designated sampling area shall
be on file with the ABLE Commission. No visitor under twenty-one
(21) years of age shall be permitted to enter the designated
sampling area when samples ar e being distributed and consumed.
Samples of spirits served by a distiller under this s ection shall
not be considered a sale of spirits w ithin the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
title; provided, such samp les of spirits shall be considered removed
or withdrawn from the distillery for use or c onsumption 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 e ither on-
premises or off-premises consumption to consumers on the licensed
distillery premises or in an area controlled by the licensee lo cated
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contiguous to the licensed distillery premises. Product offered for
sale by the Oklahoma licensed distiller wil l have been sold to and
shipped to an Oklahoma licensed wine and spirits wholesaler and then
made available for purchase by the Oklahoma l icensed distiller for
sale; and
6. To sell spirits at public events such as trade shows or
festivals. Products offer ed 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 Oklahoma licensed distiller ; and
7. To host off-site events pursuant to Section 4 of this act;
provided, that products offered for sale by the Oklahoma licensed
distiller will have been sold to and shi pped to an Oklahoma licensed
wine and spirits wholesaler and then available for purchase by the
Oklahoma licensed distiller.
B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall not excee d fifteen thousand (15,000) gallons
per calendar year in combination.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2 -104, is
amended to read as follows:
Section 2-104. A winemaker license shall authorize the holder
thereof:
1. To manufacture (including such mixing, blending and cellar
treatment as authorized by federal law), bottle, package and store
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on licensed premises wine containing not more than twenty -four
percent (24%) alcohol by volume, provided the bottle or package
sizes authorized shall be limited to the capacities ap proved by the
United States Alcohol and Tobacco Tax and Trade Bureau;
2. To sell wine in this state to licensed wholesalers and
manufacturers;
3. To sell wine produced at the winery from gr apes and other
fruits and berries grown in this state, if availab le, for either on-
premises or off-premises consumption to consumers on the premises of
the winery;
4. To serve free samples of wine produced at the winery to
visitors twenty-one (21) years of age and older. For purposes of
this section, no visitor may sa mple more than a total of six (6)
fluid ounces of wine per day. The winery shall restrict the
distribution and consumption of wine samples to an area within the
licensed premises designated by the winery. A current floor plan
that includes the designated sampling area shall be on file with the
ABLE Commission. No visitor under twenty -one (21) years of age
shall be permitted to enter the designated sampling area when
samples are being distri buted and consumed. Samples of wine served
by a winery under thi s section shall not be considered a sale of
wine within the meaning of Article XXVIII -A of the Oklahoma
Constitution or Section 1-103 of this title; provided, such samples
of wine shall be considered removed or withdrawn from the winery for
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use or consumption within the meaning of Section 5 -110 of this title
for excise tax determination and reporting requirements;
5. To serve free samples of wine produced at the winery at
public events such a s festivals and trade shows;
6. To sell wine produced at the win ery, for either on-premises
or off-premises consumption at public events such as festivals and
trade shows;
7. To sell wine out of this state to qualified persons;
8. To purchase from licen sed winemakers, distillers and
rectifiers in this state, and to i mport into this state wine, brandy
and fruit spirits for use in manufacturing in accordance with
federal laws and regulations;
9. To sell and serve Oklahoma -manufactured wine, mulled wine,
or spiced wine, mixed with nonalcoholic beverages or food items su ch
as water, sugar, fruits and vegetables, at any temperature for
either on-premises or off-premises consumption ;
10. To purchase beer in retail containers from the holder of a
wholesaler, beer distributor, small brewer self-distributor or
brewpub self-distributor license or as specifically provided by law;
11. To sell, offer for sale and possess beer for on -premises
consumption; and
12. To establish satellite tasting rooms as defined and
authorized in this act where the winemaker’s products may be taste d,
sampled, sold and served for on -premises consumption and the
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winemaker is permitted to sell its products in sealed containers;
provided, the small farm winery license or winemaker license is
active and in good standing. The wine sold at a satellite tas ting
room must have been produced/manufactured by the holder of a small
farm winery license or winemaker licens e and must have all
manufacturing taxes paid ; and
13. To host off-site events pursuant to Section 4 of this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-162 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. A small brewer, winemaker, or distiller license shall be
authorized the holder thereof to host an off-site event following
the submission and approval of an application to the ABLE
Commission. The licensee shall only be authorized to sell for
consumption at the off-site event alcoholic beverages authorized for
sale under the licensee’s respective license. The licensee shall be
limited to hosting four (4) off -site events per year.
B. The application shall include, but not be limited to, the
location of the off-site event with a designated area within the
location designed to provide an exclusive space which may be limited
to the public and a designated point of access for a patron or
patrons specifically granted acces s to ensure that persons present
in the designated area are abo ve twenty-one (21) years of age. The
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Commission may prescribe a filing fee for each off-site event
application not to exceed Twenty-five Dollars ($25.00).
C. The ABLE Commission shall prom ulgate rules necessary for the
implementation of this section.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health 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 appro val.
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