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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 315 By: Coleman and Bergstrom of
the Senate
and
McDugle of the House
An Act relating to alcoholic beverages; amen ding
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; amending Section 19, Chapter 366, O.S.L.
2016, as amended by Section 11, Chapter 364, O.S.L.
2017 (37A O.S. Supp. 2020, Section 2 -107), which
relates to wine and spirits; modifying authorized
acts of certain wholesalers; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE 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. A distiller license shall authorize the
holder thereof:
1. To manufacture, bottle, package and store spirits on
licensed premises;
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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 in this state, and
import spirits from without t his state for manufacturing 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 may s ample 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 are being distributed and consumed.
Samples of spirits served by a distiller under this 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 with drawn from the distillery for use or
consumption within the meaning of Section 113 5-110 of this act
title for excise tax determination and reporting requirements ;
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5. To sell spirits produced by the licensee 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. Product offered 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 for
sale; and
6. To sell spirits at public events such as trade shows or
festivals. Products offered 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.
B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall not e xceed fifteen thousand (15,000) gallons
per calendar year in combination .
SECTION 2. AMENDATORY Section 19, Chapter 366, O.S.L.
2016, as amended by Section 11, Chapter 364, O.S.L. 2017 (37A O.S.
Supp. 2020, Section 2 -107), is amended to read as follows:
Section 2-107. A. A wine and spirits wholesaler license shall
authorize the holder thereof:
1. To purchase and import into this state spirits and wines
from persons authorized to sell same who are the holders of a
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manufacturer or nonresident seller license, and their agents who are
the holders of manufacturer 's agent licenses;
2. To purchase spirits and wines from licensed distillers,
rectifiers and winemakers in this state;
3. To purchase spirits and wines from licensed wholesa lers, to
the extent set forth in subsections B and C of this section;
4. To sell in retail containers in this state to retailers,
mixed beverage, caterer, special event, public event, hotel beverage
or airline/railroad beverage licensees, spirits and wine s which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale;
5. To sell to licensed wholesalers, to the extent set forth in
subsections B and C of this section, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale; and
6. To sell spirits and wines out of this state to qualified
persons; and
7. To sell to licensed distillers spirits that were
manufactured by that distiller and which h ave been received and
unloaded at a bonded warehouse facility of a wholesaler before such
sale.
Provided, however, sales of spirits and wine in containers with
a capacity of less than one -twentieth (1/20) gallon by a holder of a
wholesaler license shall be in full case lots and in the original
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unbroken case. Wholesalers shall be authorized to place such signs
outside their place of business as are required by Acts of Congress
and by such laws and regulations promulgated under such Acts.
B. A wholesaler may sell spirits and wine to other wholesalers
or purchase spirits and wines from other wholesalers without
complying with subsection A of this section in the case of the sale,
purchase or other transfer or acquisition of the entire business of
a wholesaler, including the inventory of spirits and wine.
C. A wholesaler license shall authorize the holder thereof to:
1. Maintain not more than three (3) self -owned or leased and
self-operated bonded warehouses within this state. All invoices
shall be stored at the principal place of business for which the
wholesaler license was granted; and
2. Accept as payment cash, personal check, cashier 's check,
money order or electronic fund transfer from persons licensed to
purchase alcoholic beverages; provided, a wholes aler shall not be
permitted to accept payment by credit card.
SECTION 3. 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 approval.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/08/2021 - DO PASS.