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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 385 By: Coleman and Bergstrom of
the Senate
and
Strom of the House
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; amending
Section 21, Chapter 366, O.S.L. 2016, as amended by
Section 1, Chapter 81, O.S.L. 2020, Section 143,
Chapter 366, O.S.L. 2016, as last amended by Section
1, Chapter 237, O.S.L. 2019 and Section 148, Cha pter
366, O.S.L. 2016, as last amended by Section 22,
Chapter 161, O.S.L. 2020 (37A O.S. Supp. 2020,
Sections 2-109, 6-103 and 6-108), which relate to
retail licenses and prohibited acts for retail
licensees; authorizing certain tastings of beer, wine
and spirits in retail spirit licensee premises;
stating authority and procedure for offering certain
samples; directing licensed person pour alcoholic
beverages; providing for purchases and payment of
taxes; restricting tastings to certain aged persons;
prohibiting removal of alcoholic beverages used for
tastings from licensed premises; limiting size of
sample served; limiting number of unsealed bottles;
directing remaining alcoholic beverage be poured out
at end of day; prohibiting unsealed containers at end
of day; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY Section 21, Chapter 366, O.S.L.
2016, as amended by Section 1, Chapter 81, O.S.L. 2020 (37A O.S.
Supp. 2020, Section 2-109), is amended to read as follows:
Section 2-109. A. A retail spirits license shall authorize the
holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distributor or from the holde r
of a small brewer self -distribution license; and
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event licenses ; and
4. To host alcoholic beverage tastings consistent with
subsections D and E of this section .
B. A retail wine license shall authorize the holder the reof:
1. To purchase wine from a wine and spirits wholesaler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self -distribute as provided in Article
XXVIII-A of the Oklahoma Constitution; and
3. To sell same on the li censed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, wine may be sold to charitable organizations that are
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holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event li censes; and
4. To host an alcoholic beverage tasting, consistent with
subsection D and E of this section .
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess of fifteen percent (15%).
C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self -
distribution license; and
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses ; and
4. To host alcoholic beverage tastings consisten t with
subsections D and E of this section .
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. All tastings conducted under this section shall:
1. Be conducted under t he direct supervision of the licensee
authorized to host the tasting;
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2. Be poured by any ABLE licensee lawfully permitted to serve
alcoholic beverages, provided no wine or spirits wholesaler, beer
distributor or employee of a wine or spirits wholesaler o r beer
distributor shall be allowed to pour samples for tastings;
3. Use alcoholic beverages purchased by the licensee authorized
to host the tastings from a licensed wine and spirits wholesaler,
beer distributor, self -distributor, small brewer or self -
distributing winery authorized to sell the same, and the licensee
shall pay the applicable taxes on the alcoholic beverages purchased;
provided, the licensee may only provide samples of alcoholic
beverages that its license is authorized to sell;
4. Be restricted to persons twenty -one (21) years of age or
older;
5. Be limited to no more than one (1) fluid ounce of spirits,
two (2) fluid ounces of wine or three (3) fluid ounces of beer per
consumer per day; and
6. Be consumed on the licensed premises of the licensee
authorized to host the tastings or at a location other than the
licensed premises, provided no samples served on the licensed
premises shall be permitted to be removed from the licensed
premises.
E. All licensees authorized to serve samples pursu ant to
subsection D of this section shall ensure that:
1. All samples are poured only from original sealed packaging;
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2. Any alcoholic beverages remaining in unsealed packaging used
to provide samples, excluding spirits, are poured out by the end of
the day;
3. No more than six (6) bottles of alcoholic beverages are
unsealed at any given time; and
4. No person shall remove any samples from the licensed
premises or location where the tasting has occurred.
SECTION 2. AMENDATORY Sec tion 143, Chapter 366, O.S.L.
2016, as last amended by Section 1, Chapter 237, O.S.L. 2019 (37A
O.S. Supp. 2020, Section 6 -103), is amended to read as follows:
Section 6-103. A. No retail spirits licensee shall:
1. Purchase or receive any alcoholic beve rage other than from a
wine and spirits wholesaler, beer distributor, winery or small
brewer self-distribution licensee who elects to self -distribute;
2. Suffer or permit any retail container to be opened, or any
alcoholic beverage to be consumed on the l icensed premises, unless
except when serving samples as authorized by Section 2 -109 of this
title or otherwise permitted by law ; provided, the licensee shall
not permit any alcoholic beverage content or retail container
unsealed in connection with sampling authorized by Section 2 -109 of
this title to remain on the licensed premises at the close of
business on that day, excluding spirits ;
3. Sell any alcoholic beverages at any hour other than between
the hours of 8:00 a.m. and midnight Monday through Saturd ay, and
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shall not be permitted to be open on Thanksgiving Day or Christmas
Day; provided, a county may, pursuant to the provisions of
subsections B and C of Section 3 -124 of this title, elect to allow
such sales between the hours of noon and midnight on Su nday. Retail
spirits licensees shall be permitted to sell alcoholic beverages on
the day of any General, Primary, Runoff Primary or Special Election
whether on a national, state, county or city election, provided that
the election day does not occur on an y day on which such sales are
otherwise prohibited by law;
4. Sell spirits in a city or town, unless such city or town has
a population in excess of two hundred (200) according to the latest
Federal Decennial Census;
5. Sell any alcoholic beverage on cre dit; provided, that
acceptance by a licensee of a cash or debit card or a nationally
recognized credit card in lieu of actual cash payment does not
constitute the extension of credit; provided, further, as used in
this section:
a. “cash or debit card” mean s any instrument or device
whether known as a debit card or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
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b. “nationally recognized credit card” means any
instrument or device, whether known as a credit card,
credit plate, charge plate or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services or
anything else of value on credit which is accepted by
over one hundred retail locations;
6. Offer or furnish any prize, premium, gift or similar
inducement to a consumer in connection with the sale of alcoholic
beverages, except that goods or merchandise includ ed by the
manufacturer in packaging with alcoholic beverages or for packaging
with alcoholic beverages shall not be included in this prohibition,
but no wholesaler or retailer shall sell any alcoholic beverage
prepackaged with other goods or merchandise at a price which is
greater than the price at which the alcoholic beverage alone is
sold; or
7. Pay for alcoholic beverages by a check or draft which is
dishonored by the drawee when presented to such drawee for payment;
and the ABLE Commission may cancel o r suspend the license of any
retailer who has given a check or draft, as maker or endorser, which
is so dishonored upon presentation.
B. No retail spirits licensee shall permit any person under
twenty-one (21) years of age to enter into or remain within o r about
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the licensed premises unless accompanied by the person’s parent or
legal guardian.
SECTION 3. AMENDATORY Section 148, Chapter 366, O.S.L.
2016, as last amended by Section 22, Chapter 161, O.S.L. 2020 (37A
O.S. Supp. 2020, Section 6-108), is amended to read as follows:
Section 6-108. No holder of a Retail Wine License or a Retail
Beer License shall:
1. Purchase or receive any alcoholic beverage other than from a
wine and spirits wholesaler, beer distributor, winery or small
brewer self-distribution licensee;
2. Suffer or permit any retail container to be opened, or any
alcoholic beverage to be consumed on the licensed premises, unless
except when serving samples as authorized by Section 2 -109 of this
title or as otherwise permitted by law; provided, the licensee shall
not permit any alcoholic beverages content or retail container
unsealed in connection with sampling authorized by Section 2 -109 of
this title to remain on the licensed premises at the close of the
business on that day;
3. Sell any beer or wine at any hour other than between the
hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through
Sunday. Retail wine and retail beer licensees shall be permitted to
sell beer and wine on the day of any General, Prim ary, Runoff
Primary or Special Election whether on a national, state, county or
city election;
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4. Sell any beer and wine on credit; except as follows:
a. the acceptance by a grocery store, convenience store
or drug store of a cash or debit card, or a
nationally recognized credit card, in lieu of
actual cash payment does not constitute the
extension of credit; provided, further, as used
in this section:
(1) "cash or debit card" means any instrument or
device whether known as a debit card or by any
other name, issued with or without fee by an
issuer for the use of the cardholder in
depositing, obtaining or transferring funds from
a consumer banking electronic facility, and
(2) "nationally recognized credit card" means any
instrument or device, whether known a s a credit
card, credit plate, charge plate or by any other
name, issued with or without fee by an issuer for
the use of the cardholder in obtaining money,
goods, services or anything else of value on
credit which is accepted by over one hundred
retail locations, and
b. when the holder of a Retail Wine License, Retail Beer
License or Mixed Beverage License is a private
membership club, marina, golf course or country club
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that normally charges food, drinks and other purchases
to the member's monthly dues acc ount in the regular
course of business, in lieu of actual cash payment at
the time of purchase, such practice does not
constitute the extension of credit;
5. Offer or furnish any prize, premium, gift or similar
inducement to a consumer in connection with the sale of beer or
wine, except that goods or merchandise included by the manufacturer
in packaging with beer or wine or for packaging with beer or wine
shall not be included in this prohibition, nor shall a retail wine
or retail beer license holder selli ng wine or beer at a multiunit
discount be included in this prohibition; but no retail wine or
retail beer licensee shall sell any beer or wine prepackaged with
other goods or merchandise at a price which is greater than the
price at which the alcoholic be verage alone is sold; or
6. Pay for beer or wine by a check or draft which is dishonored
by the drawee when presented to such drawee for payment; and the
ABLE Commission may cancel or suspend the license of any retailer
who has given a check or draft, as maker or endorser, which is so
dishonored upon presentation.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/08/2021 - DO PASS, As Amended and Coauthored.