Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB315 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 315 By: Coleman and Bergstrom of
7	37		the Senate
8	38
9	39		and
10	40
11	41		McDugle of the House
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17	47		An Act relating to alcoholic beverages; amen ding
18	48		Section 15, Chapter 366, O.S.L. 2016 (37A O.S. Supp.
19	49		2020, Section 2-103), which relates to distiller
20	50		licenses; modifying authority of holders of distiller
21	51		licenses; amending Section 19, Chapter 366, O.S.L.
22	52		2016, as amended by Section 11, Chapter 364, O.S.L.
23	53		2017 (37A O.S. Supp. 2020, Section 2 -107), which
24	54		relates to wine and spirits; modifying authorized
25	55		acts of certain wholesalers; and declaring an
26	56		emergency.
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31		-	SUBJECT: Alcoholic beverages
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. AMENDATORY Section 15, Chapter 366, O.S.L.
36	63		2016 (37A O.S. Supp. 2020, Section 2 -103), is amended to read as
37	64		follows:
38		-
39	65		Section 2-103. A. A distiller license shall authorize the
40	66		holder thereof:
41		-
42	67		1. To manufacture, bottle, package and store spirits on
43	68		licensed premises;
44	69
	70	+	SB315 HFLR Page 2
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45	96		2. To sell spirits in this state to licensed wholesalers and
46	97		manufacturers only;
47		-
48		-	ENR. S. B. NO. 315 Page 2
49		-
50	98		3. To sell spirits out of this state to qualified persons; to
51	99		purchase from licensed distillers and rectifiers in this state, and
52	100		import spirits from without t his state for manufacturing purposes in
53	101		accordance with federal laws and regulations; and
54		-
55	102		4. To serve free samples of spirits produced only by the
56	103		licensee to visitors twenty -one (21) years of age and older. For
57	104		purposes of this section, no visitor may s ample more than a total of
58	105		three (3) fluid ounces of spirits per day. The distiller shall
59	106		restrict the distribution and consumption of spirits samples to an
60	107		area within the licensed premises designated by the distiller. A
61	108		current floor plan that includes the designated sampling area shall
62	109		be on file with the ABLE Commission. No visitor under twenty -one
63	110		(21) years of age shall be permitted to enter the designated
64	111		sampling area when samples are being distributed and consumed.
65	112		Samples of spirits served by a distiller under this section shall
66	113		not be considered a sale of spirits within the meaning of Article
67	114		XXVIIIA XXVIII-A of the Oklahoma Constitution or Section 3 1-103 of
68	115		this act title; provided, such samples of spirits shall be
69	116		considered removed or with drawn from the distillery for use or
70	117		consumption within the meaning of Section 113 5-110 of this act
71	118		title for excise tax determination and reporting requirements ;
72	119
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73	146		5. To sell spirits produced by the licensee for either on -
74	147		premises or off-premises consumption to consumers on the licensed
75	148		distillery premises or in an area controlled by the licensee located
76	149		contiguous to the licensed distillery premises. Product offered for
77	150		sale by the Oklahoma licensed distiller will have been sold to and
78	151		shipped to an Oklahoma licensed wine and spirits wholesaler and then
79	152		made available for purchase by the Oklahoma licensed distiller for
80	153		sale; and
81		-
82	154		6. To sell spirits at public events such as trade shows or
83	155		festivals. Products offered for sale by the Oklahoma licensed
84	156		distiller will have been sold to and shipped to an Oklahoma licensed
85	157		wine and spirits wholesaler and then made available for purchase by
86	158		the Oklahoma licensed distiller.
87		-
88	159		B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
89	160		of this section shall not e xceed fifteen thousand (15,000) gallons
90	161		per calendar year in combination .
91		-
92		-	ENR. S. B. NO. 315 Page 3
93		-
94	162		SECTION 2. AMENDATORY Section 19, Chapter 366, O.S.L.
95	163		2016, as amended by Section 11, Chapter 364, O.S.L. 2017 (37A O.S.
96	164		Supp. 2020, Section 2 -107), is amended to read as follows:
97		-
98	165		Section 2-107. A. A wine and spirits wholesaler license shall
99	166		authorize the holder thereof:
100		-
101	167		1. To purchase and import into this state spirits and wines
102	168		from persons authorized to sell same who are the holders of a
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103	196		manufacturer or nonresident seller license, and their agents who are
104	197		the holders of manufacturer 's agent licenses;
105		-
106	198		2. To purchase spirits and wines from licensed distillers,
107	199		rectifiers and winemakers in this state;
108		-
109	200		3. To purchase spirits and wines from licensed wholesa lers, to
110	201		the extent set forth in subsections B and C of this section;
111		-
112	202		4. To sell in retail containers in this state to retailers,
113	203		mixed beverage, caterer, special event, public event, hotel beverage
114	204		or airline/railroad beverage licensees, spirits and wine s which have
115	205		been received and unloaded at the bonded warehouse facilities of the
116	206		wholesaler before such sale;
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118	207		5. To sell to licensed wholesalers, to the extent set forth in
119	208		subsections B and C of this section, spirits and wines which have
120	209		been received and unloaded at the bonded warehouse facilities of the
121	210		wholesaler before such sale; and
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123	211		6. To sell spirits and wines out of this state to qualified
124	212		persons; and
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126	213		7. To sell to licensed distillers spirits that were
127	214		manufactured by that distiller and which h ave been received and
128	215		unloaded at a bonded warehouse facility of a wholesaler before such
129	216		sale.
130		-
131	217		Provided, however, sales of spirits and wine in containers with
132	218		a capacity of less than one -twentieth (1/20) gallon by a holder of a
133	219		wholesaler license shall be in full case lots and in the original
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134	247		unbroken case. Wholesalers shall be authorized to place such signs
135		-
136		-	ENR. S. B. NO. 315 Page 4
137	248		outside their place of business as are required by Acts of Congress
138	249		and by such laws and regulations promulgated under such Acts.
139		-
140	250		B. A wholesaler may sell spirits and wine to other wholesalers
141	251		or purchase spirits and wines from other wholesalers without
142	252		complying with subsection A of this section in the case of the sale,
143	253		purchase or other transfer or acquisition of the entire business of
144	254		a wholesaler, including the inventory of spirits and wine.
145		-
146	255		C. A wholesaler license shall authorize the holder thereof to:
147		-
148	256		1. Maintain not more than three (3) self -owned or leased and
149	257		self-operated bonded warehouses within this state. All invoices
150	258		shall be stored at the principal place of business for which the
151	259		wholesaler license was granted; and
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153	260		2. Accept as payment cash, personal check, cashier 's check,
154	261		money order or electronic fund transfer from persons licensed to
155	262		purchase alcoholic beverages; provided, a wholes aler shall not be
156	263		permitted to accept payment by credit card.
157		-
158	264		SECTION 3. It being immediately necessary for the preservation
159	265		of the public peace, health or safety, an emergency is hereby
160	266		declared to exist, by reason whereof this act shall take effect and
161	267		be in full force from and after its passage and approval.
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164		-	ENR. S. B. NO. 315 Page 5
165		-	Passed the Senate the 4th day of March, 2021.
166		-
167		-
168		-
169		-	Presiding Officer of the Senate
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172		-	Passed the House of Representatives the 19th day of April, 2021.
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176		-	Presiding Officer of the House
177		-	of Representatives
178		-
179		-	OFFICE OF THE GOVERNOR
180		-	Received by the Office of the Governor this _______ _____________
181		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
182		-	By: _______________________________ __
183		-	Approved by the Governor of the State of Oklahoma this _____ ____
184		-	day of ______________ _____, 20_______, at _______ o'clock _______ M.
185		-
186		-	_________________________________
187		-	Governor of the State of Oklahoma
188		-
189		-
190		-	OFFICE OF THE SECRETARY OF STATE
191		-	Received by the Office of the Secretary of State this _______ ___
192		-	day of __________________, 20 _______, at _______ o'clock _______ M.
193		-	By: _______________________________ __
	269	+	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
	270	+	SUBSTANCES, dated 04/08/2021 - DO PASS.