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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 374 By: David
AS INTRODUCED
An Act relating to the Oklahoma Alcoholic Beverage
Control Act; amending Section 3, Cha pter 366, O.S.L.
2016, as last amended by Section 6, Chapter 161,
O.S.L. 2020 (37A O.S. Supp. 2020, Section 1-103),
which relates to definitions; adding definition for
small farm producer; updating statutory references;
amending Section 13, Cha pter 366, O.S.L. 2016, as
last amended by Section 9, Chapter 161, O.S.L. 2020
(37A O.S. Supp. 2020, Section 2-101), which relates
to licenses; adding small farm producer license;
setting license fee; modifying references;
establishing authority for certain lic ense;
permitting tastings and sales for on -premises and
off-premises consumption; limiting gallons for
certain consumption; requiring records be kept;
allowing label to be owned by certain licensees;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 366, O.S.L.
2016, as last amended by Section 6, Chapter 161, O.S.L. 2020 (37A
O.S. Supp. 2020, Section 1-103), is amended to read as follows:
Section 1-103. As used in the Oklaho ma Alcoholic Beverage
Control Act:
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1. "ABLE Commission" or "Commission" means the Alcoholic
Beverage Laws Enforcement Commission;
2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, from whatever source or by
whatever process produced. It does not include wood alcohol or
alcohol which has been denatured or produced as denatured in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. "Alcoholic beverage" means alcohol, spirits, beer a nd wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by human beings;
4. "Applicant" means any individual, legal or commer cial
business entity, or any individual involved in any legal or
commercial business entity allowed to hold any license issued in
accordance with the Oklahoma A lcoholic Beverage Control Act;
5. "Beer" means any beverage of alcohol by volume and obtained
by the alcoholic fermentation of an infusion or decoction of barley,
or other grain, malt or similar products. "Beer" may or may not
contain hops or other veget able products. "Beer" includes, among
other things, beer, ale, stout, l ager beer, porter and ot her malt or
brewed liquors, but does not include sake, known as Japanese rice
wine;
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6. "Beer keg" means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. "Beer distributor" means and includes any person licensed to
distribute beer for retail sale in the state, but does not include a
holder of a small brewer self -distribution license or brewpub self -
distribution license . The term "distributor", as used in the
Oklahoma Alcoholic Beverage Co ntrol Act, shall be cons trued to refer
to a beer distributor;
8. "Bottle club" means any establishment in a county which has
not authorized the retail sale of alcoholic beverages by t he
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. "Brand" means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a li censed brewer
to identify a specific beer, wi ne or spirit and to disting uish that
product from another beer, wine or spirit;
10. "Brand extension" means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantia l part of the
unique features of a preexisting bran d of the
same licensed brewer, or
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(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewe r, the majority of whose
total volume of all brands of beer distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporat ed all or a substantial
part of the unique features of a preexisting low -
point beer brand of the same licensed brewer, or
(2) relies or relied to a significant extent on the
goodwill associated with a preexisting low -point
beer brand;
11. "Brewer" means and includes any person w ho manufactures for
human consumption by the use of raw materials or other ingredients
any beer or cider upon which a license fee and a tax are imposed by
any law of this state;
12. "Brewpub" means a licensed establishment operated on the
premises of, or on premises located contiguous to, a small brewer,
that prepares and serves food and beverages, including alcoholic
beverages, for on-premises consumption;
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13. "Cider" means any alcoholic beverage obtaine d by the
alcoholic fermentation of fruit juice, inc luding but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of t he distribution of
this product, cider may be distr ibuted by either wine and spirits
wholesalers or beer distributors;
14. "Convenience store" means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in retail
sales of automotive fuels in combination with such sales;
15. "Convicted" and "conviction" mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or t he verdict of a jury,
irrespective of the pronouncement of judgment or the suspension
thereof;
16. "Designated products" means the brands of wine or spirits
offered for sale by a manu facturer that the manufacturer has
assigned to a designated wholesaler f or exclusive distributio n;
17. "Designated wholesaler " means a wine and spirits wholesaler
who has been selected by a manufacturer as a wholesaler appointed to
distribute designated p roducts;
18. "Director" means the Director o f the ABLE Commission;
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19. "Distiller" means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wort or
wash, fit for distillation or for the production of spir its (except
a person making or using such mat erial in the authorized pro duction
of wine or beer, or the production of vinegar by fermentation), or
any person who by any process separates alcoholic spirits from any
fermented substance, or any person who, ma king or keeping mash, wort
or wash, has also in his or her possession or use a still;
20. "Distributor agreement" means the written agreement between
the distributor and brewer as set forth in Section 3 -108 of this
title;
21. "Drug store" means a person primarily engaged in retailing
prescription and nonprescription drugs an d medicines;
22. "Dual-strength beer" means a brand of beer that,
immediately prior to April 15, 2017, was being sold and distributed
in this state:
a. as a low-point beer pursuant to the Low-Point Beer
Distribution Act in effec t immediately prior to
October 1, 2018, and
b. as strong beer pursuant to the Alcoholic Beverage
Control Act in effect immediately prior to October 1,
2018,
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and continues to be sold and distributed as such on Oc tober 1, 2018.
Dual-strength beer does not i nclude a brand of beer that arose as a
result of a brand extension as defined in this section;
23. "Fair market value" means the value in the subject
territory covered by the written agreement with the distribu tor or
wholesaler that would be determined in an arm's length transaction
entered into without d uress or threat of termination of the
distributor's or wholesaler's rights and shall include all elements
of value, including goodwill and going -concern value;
24. "Good cause" means:
a. failure by the distributor to comply with th e material
and reasonable provisions of a written agreement or
understanding with the brewer, or
b. failure by the distributor to comply with the duty of
good faith;
25. "Good faith" means the duty of each party to any
distributor agreement and all office rs, employees or agents thereof
to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
26. "Grocery store" means a person primarily engaged in
retailing a general line of food, such as canned o r frozen foods,
fresh fruits and vegetables, and fr esh and prepared meats, fish and
poultry;
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27. "Hotel" or "motel" means an establishment which is licensed
to sell alcoholic beverages by the individual drink a nd which
contains guestroom accommodations wi th respect to which the
predominant relationship ex isting between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this section, the existence of other legal
relationships as between some occupants and the owner or operator
thereof shall be immaterial;
28. "Legal newspaper" means a newspaper meeting the requisites
of a newspaper for publication of legal notices as prescribed in
Sections 101 through 114 of Title 25 of the Oklahoma Statutes ;
29. "Licensee" means any person holding a licens e under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
employee of such licensee while in the performance of any act or
duty in connection with the licensed business or on the licen sed
premises;
30. "Low-point beer" shall mean any beverages containing more
than one-half of one percent (1/2 of 1%) alcohol by volume, and not
more than three and two -tenths percent (3.2%) alcohol by weight,
including but not limited to, beer or cereal m alt beverages obtained
by the alcoholic fermentatio n of an infusion by barley or other
grain, malt or similar products;
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31. "Manufacturer" means a distiller, winemaker, rectifier or
bottler of any alcoholic bev erage (other than beer) and its
subsidiaries, affiliates and parent comp anies;
32. "Manufacturer's agent" means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in the state;
33. "Meals" means foods commonly ordered at lun ch or dinner and
at least part of which is cooked o n the licensed premises and
requires the use of dining implements for consumption. Provided,
that the service of only food such as appetizers, sandwiches, sala ds
or desserts shall not be considered "meals";
34. "Mini-bar" means a closed container, either refrigerated in
whole or in part, or nonrefrigerated, and access to the interior of
which is:
a. restricted by means of a locking device which requires
the use of a key, magnetic card or similar device, o r
b. controlled at all time s by the licensee;
35. "Mixed beverage cooler " means any beverage, by whatever
name designated, consisting of an alcoholic beverage and fruit or
vegetable juice, fruit or vegetable fl avorings, dairy products or
carbonated water containing more than one -half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy -five
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(375) milliliters. Such ter m shall include but not be limited to
the beverage popularly known as a "wine cooler";
36. "Mixed beverages" means one or more servings of a beverage
composed in whole or part of an a lcoholic beverage in a sealed or
unsealed container of any legal size fo r consumption on the pre mises
where served or sold by the holder of a mixed beverage, beer and
wine, caterer, public event, charitable event or special event
license;
37. "Motion picture theater" means an establishment which is
licensed by Section 2 -110 of this title to sell alc oholic beverages
by the individual drink and where motion pictures are exhibited, and
to which the general public is admitted;
38. "Nondesignated products " means the brands of wine or
spirits offered for sale by a manufacturer that have not been
assigned to a designated wholesaler;
39. "Nonresident seller" means any person licensed pursuant to
Section 2-135 of this title;
40. "Retail salesperson" means a salesperson soliciting orders
from and calling upo n retail alcoholic beverage stores with regard
to his or her product;
41. "Occupation" as used in connection with "occupation tax"
means the sites occupied as the places of business of the
manufacturers, brewer s, wholesalers, beer distributors, retailers,
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mixed beverage licensees, on-premises beer and win e licensees,
bottle clubs, caterers, public event and special event licensees;
42. "Original package" means any container of alcoholic
beverage filled and stam ped or sealed by the manufacturer or brewer;
43. "Package store" means any sole proprietor or p artnership
that qualifies to sell wine, beer and/or spirits for off -premises
consumption and that is not a grocery store, convenience store or
drug store, or other retail outlet that is not permitted to se ll
wine or beer for off -premises consumption;
44. "Patron" means any person, customer or visitor who is not
employed by a licensee or who is not a licensee;
45. "Person" means an individual, any type of partne rship,
corporation, association, limited liab ility company or any
individual involved in the leg al structure of any such business
entity;
46. "Premises" means the grounds and all buildings and
appurtenances pertaining to the grounds including any adjacent
premises if under the direct or indirect con trol of the licensee and
the rooms and equipment un der the control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided that the ABLE Commission shall hav e the authority
to designate areas to be excl uded from the licensed prem ises solely
for the purpose of:
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a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services o f a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way limit the licensee 's concurrent
responsibility for any violations of the Oklahoma Alcoholic Beverage
Control Act occurring on the licensed premises;
47. "Private event" means a social gathering or eve nt attended
by invited guests who share a common ca use, membership, business or
task and have a prior established relationship. For purposes of
this definition, advertisement for general public attendance or
sales of tickets to the general public shall no t constitute a
private event;
48. "Public event" means any event that can be attended by the
general public;
49. "Rectifier" means any person who rectifies, purifies or
refines spirits or wines by any process (other than by original and
continuous distillation, or original and con tinuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the production thereof is complete), and
any person who, without rectif ying, purifying or refining spirits,
shall by mixing (except for immedia te consumption on the pr emises
where mixed) such spirits, wine or other liquor with any material,
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manufactures any spurious, imitation or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cord ials
or any other name;
50. "Regulation" or "rule" means a formal rule of general
application promulgated by the ABLE Commission as herein required;
51. "Restaurant" means an establishment that is licensed to
sell alcoholic beverages by the individual dr ink for on-premises
consumption and where food is p repared and sold for immediate
consumption on the premises;
52. "Retail container for spirits and wines " means an original
package of any capacity approved by the United States Bureau of
Alcohol, Tobacco and Firearms;
53. "Retailer" means a package store , grocery store,
convenience store or drug store licensed to sell alcoholic beverages
for off-premises consumption pursuant to a Retail Spirits License,
Retail Wine License or Retail Beer License;
54. "Sale" means any transfer, exc hange or barter in any m anner
or by any means whatsoever, and includes and means all sales made by
any person, whether as principal, proprietor or as an agent, servant
or employee. The term "sale" is also declared to be and incl ude the
use or consumption in this state of any alc oholic beverage obtained
within or imported from without this state, upon which the excise
tax levied by the Oklahoma Alcoholic Beverage Control Act has not
been paid or exempted;
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55. "Short-order food" means food other than full m eals
including but not limited to sandwiches, soups and salads. Provided
that popcorn, chips and other similar snack food shall not be
considered "short-order food";
56. "Small brewer" means a brewer who manufactures less than
sixty-five thousand (65,000 ) barrels of beer annual ly pursuant to a
validly issued Small Brewer License hereunder;
57. "Small farm wine" means a wine that is produced by a small
farm winery with seventy -five percent (75%) or more Oklahoma -grown
grapes, berries, other fruits, honey or vegetables;
58. "Small farm winery" means a wine-making establishment that
does not annually produce for sale more than fifteen thousand
(15,000) gallons of wine as reported on the United States Department
of the Treasury, Alcohol and Tobacco Tax and T rade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
59. "Small farm producer" means a person that annually produces
in this state no les s than one hundred (100) vines of sound ripe
grapes, one thousand (1,000) pounds of other sound r ipe fruit or
berries or one hundred (100) pounds of honey ;
60. "Sparkling wine" means champagne or any artificially
carbonated wine;
60. 61. "Special event" means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoh olic beverages are sold;
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61. 62. "Spirits" means any beverage other than wine or beer,
which contains more than one -half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distil lation, whether or not
mixed with other substances in sol ution and includes those products
known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
fortified wines and similar compounds, but shall not include any
alcohol liquid completely denature d in accordance with the Acts of
Congress and regulations pursuant thereto;
62. 63. "Strong beer" means beer which, prior to October 1,
2018, was distributed pursuant to the Oklahoma Alcoholic Beverage
Control Act, Section 501 e t seq. of Title 37 of the Oklah oma
Statutes;
63. 64. "Successor brewer" means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires rights to
a beer or cider brand from a predecessor brewer;
64. 65. "Tax Commission" means the Oklahoma Tax Commission;
65. 66. "Territory" means a geographic region with a specified
boundary;
66. 67. "Wine and spirits wholesaler " or "wine and spirits
distributor" means and includes any sole proprietorship or
partnership licensed to distribute wine and spir its in the state.
The term "wholesaler", as used the Oklahoma Alcoh olic Beverage
Control Act, shall be construed to refer to a wine and spirits
wholesaler;
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67. 68. "Wine" means and includes any beverage containing more
than one-half of one percent (1/2 of 1 %) alcohol by volume and not
more than twenty-four percent (24%) alcohol by volume at sixty (60)
degrees Fahrenheit obtained by the fermentation of the natural
contents of fruits, vegetables, honey, milk or other products
containing sugar, whether or not o ther ingredients are added, and
includes vermouth and sake, known as Japanese rice wine;
68. 69. "Winemaker" means and includes any person or
establishment who manufactures for human consumption any wine upon
which a license fee and a tax are imposed by any l aw of this state;
and
69. 70. "Satellite tasting room" means a licensed establishment
operated off the licensed premises of the holder of a small farm
winery or winemaker license, which serves wine for on -premises or
off-premises consumption.
Words in the plural include the singular, and v ice versa, and
words imparting the masculine gender include the feminine, as well
as persons and licensees as defined in this section.
SECTION 2. AMENDATORY Section 13, Chapter 366, O.S.L.
2016, as last amended by Section 9, Chapter 161, O.S.L. 2020 (37A
O.S. Supp. 2020, Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
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1. Brewer License................................ .. $1,250.00
2. Small Brewer License .............................. $125.00
3. Distiller License ............................... $3,125.00
4. Winemaker License................................ . $625.00
5. Small Farm Winery License .......................... $75.00
6. Small Farm Producer License ........................ $75.00
7. Rectifier License............................... $3,125.00
7. 8. Wine and Spirits Wholesal er License.......... $3,000.00
8. 9. Beer Distributor License ....................... $750.00
9. 10. The following retail spiri ts license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population.......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population ........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population ................. $905.00
10. 11. Retail Wine License........................ $1,000.00
11. 12. Retail Beer License.......................... $500.00
12. 13. Mixed Beverage License..................... $1,005.00
(initial license)
$905.00
(renewal)
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13. 14. Mixed Beverage/Caterer Combination
License................................ ........ $1,250.00
14. 15. On-Premises Beer and Wine License ............ $500.00
(initial license)
$450.00
(renewal)
15. 16. Bottle Club License........................ $1,000.00
(initial license)
$900.00
(renewal)
16. 17. Caterer License............................ $1,005.00
(initial license)
$905.00
(renewal)
17. 18. Annual Special Event License.................. $55.00
18. 19. Quarterly Special Event License ............... $55.00
19. 20. Hotel Beverage License..................... $1,005.00
(initial license)
$905.00
(renewal)
20. 21. Airline/Railroad/Commercial Passenger Vessel Beverage
License................................ ................. $1,005.00
(initial license)
$905.00
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(renewal)
21. 22. Agent License................................ . $55.00
22. 23. Employee License.............................. $30.00
23. 24. Industrial License............................ $23.00
24. 25. Carrier License............................... $23.00
25. 26. Private Carrier License ....................... $23.00
26. 27. Bonded Warehouse License ..................... $190.00
27. 28. Storage License............................... $23.00
28. 29. Nonresident Seller Licens e or
Manufacturer's License........................... $750.00
29. 30. Manufacturer's Agent License.................. $55.00
30. 31. Sacramental Wine Supplier License............ $100.00
31. 32. Charitable Auction License ..................... $1.00
32. 33. Charitable Alcoholic Beverage License ......... $55.00
33. 34. Winemaker Self-Distribution License .......... $750.00
34. 35. Annual Public Event Lice nse................ $1,005.00
35. 36. One-Time Public Event Licens e................ $255.00
36. 37. Small Brewer Self-Distribution License ....... $750.00
37. 38. Brewpub License............................ $1,005.00
38. 39. Brewpub Self-Distribution License ............ $750.00
39. 40. Complimentary Beverage License ................ $75.00
40. 41. Satellite Tasting Room L icense............... $100.00
B. 1. There shall be added to the initial or renewal fees for
a Mixed Beverage License an administrative fee, which shall not be
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deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the sa me
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c )(19), (8) or (10) of th e Internal Revenue
Code.
2. There shall be added to the fee for a Mixed Beverage/Caterer
Combination License an administrative fee, which shall not be deemed
to be a license fee, in the amount o f Two Hundred Fifty Dollars
($250.00), which shall be paid at the same time and in the same
manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bot tle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
2. The renewal fee for an airline /railroad/commercial pas senger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
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D. An applicant may apply for and receive both an on -premises
beer and wine license and a caterer lice nse.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
F. The holder of a license, issued by the ABLE Com mission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on -premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on-premises beer and wine
license and operate the licensed premises as a mixed beverage
establishment or an on -premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no additional fee for such exc hange and the mixed
beverage license or on-premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be asse ssed annually on the fol lowing licenses:
1. Nonresident Seller or Manufacturer License ...... $2,500.00
2. Wine and Spirits Wholesaler License ............. $2,500.00
3. Beer Distributor ................................ $1,000.00
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4. Retail Spirits License for cities an d towns
over 5,000 population............................. $250.00
5. Retail Spirits Lice nse for cities and towns
from 2,501 to 5,000 population .................... $200.00
6. Retail Spirits License for cities and towns
from 200 to 2,500 population ...................... $150.00
7. Retail Wine License ............................... $250.00
8. Retail Beer License............................... $250.00
9. Mixed Beverage License............................. $25.00
10. Mixed Beverage/Caterer Combination License ........ $25.00
11. Caterer License ................................ ... $25.00
12. On-Premises Beer and Wine License ................. $25.00
13. Annual Public Event License ....................... $25.00
14. Small Farm Winery License ......................... $25.00
15. Small Brewer License.............................. $35.00
16. Complimentary Bevera ge License.................... $25.00
The surcharge shall be paid concurrent with the licensee 's
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, shall be deposited in the A lcoholic Beverage
Governance Revolving Fund established pursu ant to Section 5-128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any o bligation to independently determine
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the validity of such lic ense or be held liable solely as a
consequence of another licensee 's failure to maintain a valid
license.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 2-131.1 of Title 37A, unless
there is created a duplication in numb ering, reads as follows:
A. Small Farm Producer License shall authorize the holder
thereof:
1. To contract with a small farm winery license holder to
manufacture wine exclusively from produce grown by the licensee on
the premises described in the application and in the issued license.
All wine sold or served by the license holder shall be produced, in
whole or in part, using sound ripe grapes, fruits, berries or honey
grown or produced exclusively by the license holder and shall not
exceed one thousand (1,000) gallons;
2. To conduct wine tastings of wine m anufactured from produce
grown by the licensee on the licens ed premise and registered farmers
markets;
3. To sell wine manufactured from produce grown by the licensee
in the original unopened container or by the glass for either on -
premises or off-premises consumption to consumers on the premises of
the small farm producer license holder; and
4. To sell and serve Oklahom a-manufactured wine, mulled wine or
spiced wine, mixed with nonalcoholic beverages or food items such as
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water, sugar, fruits and vegetables, at any temperature for either
on-premises or off-premises consumption and not to exceed One
Thousand (1000) gallons.
B. The small farm producer licensee shall maint ain records of
all sales made under the license including sales of agriculture
products to a small farm winery and sales to consumers and maintain
records of all purchases of wine manufactured by such smal l farm
winery, for at least three (3) years after the sale or purchase.
C. The manufacturer for the sale of wine to holders of producer
licenses shall be included in the small farm winer y licensee's
annual production.
D. The label for any such wine manuf actured by the small farm
winery may be owned by either the small farm winery or the producer
licensee for whom the wine was manufactured.
SECTION 4. This act shall become effect ive November 1, 2021.
58-1-851 NP 1/12/2021 3:29:13 PM