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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 315 By: Coleman
AS INTRODUCED
An Act relating to alcoholic beverages; a mending
Section 15, Chapter 366, O.S.L. 2016 (37A O.S. Supp.
2020, Section 2-103), which relates to distiller
licenses; modifying authority of holders of distiller
licenses; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 15, Chapter 366, O.S.L.
2016 (37A O.S. Supp. 2020, Section 2 -103), is amended to read as
follows:
Section 2-103. 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 wholesalers and
manufacturers only;
3. To sell spirits out of this state to qualified persons; to
purchase from licensed distillers and rectifiers i n this state, and
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import spirits from witho ut this state for manufa cturing purposes in
accordance with federal laws and regulations; and
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 m ay sample more than a to tal of
three (3) fluid ounc es 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 incl udes the designated samp ling 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 distribut ed and consumed.
Samples of spirits served by a distiller under th is section shall
not be considered a sale of spirits within the meaning of Article
XXVIIIA XXVIII-A of the Oklahoma Constitution or Section 3 1-103 of
this act title; provided, such samples of spirits shall be
considered removed or withdrawn from the disti llery for use or
consumption within the meaning of Section 113 5-110 of this act
title for excise tax determination and reporting requirements ; and
5. To sell spirits produced by the licen see for either on-
premises or off-premises consumption to consumers on the licensed
distillery premises or in an area controlled by the licensee located
contiguous to the licensed distillery premises. Such sales shall
incur a fee to be paid by the license e to the wholesaler in an
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amount negotiated between the licensee an d the wholesaler and shall
be considered a sale through the wholesaler .
SECTION 2. This act shall become effective November 1, 2021.
58-1-1370 NP 1/7/2021 5:55:19 PM