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SENATE FLOOR VERSION
February 4, 2021
SENATE BILL NO. 385 By: Coleman of the Senate
and
Strom of the House
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, and Section 143,
Chapter 366, O.S.L. 2016, as last amended by Sec tion
1, Chapter 237, O.S.L. 2019 (37A O.S. Supp. 2020,
Sections 2-109 and 6-103), which relate to ret ail
licenses and prohibited acts for r etail licensees;
authorizing samples of beer, wine and spirits in
retail spirit licensee premises; stating authority
and procedure for offering certain samples; limiting
size of sample; limiting number of unsealed bott les;
requiring records be kept for certain period of time;
making records available for inspection; requiring
sample be served by licensed persons; providing
certain exception to prohibition for unsealed
bottles; and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 21, Chapter 366, O.S.L.
2016, as amended by Section 1, Chap ter 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:
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1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distributor or from the holder
of a small brewer self -distribution license ; and
3. To sell same on the licen sed premises in such containers to
consumers for off-premises consumption only and no t for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitab le alcoholic beverage
auction or charitable alcoholic be verage event licenses; and
4. To serve samples of beer, wine and spirits to consumer s on
its licensed premises consistent with subsections D and E of this
section.
B. A retail wine license shall aut horize the holder the reof:
1. To purchase wine from a w ine 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
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event li censes.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess of fifteen perc ent (15%).
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C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distribu tor;
2. To purchase beer from the holder of a small bre wer self-
distribution license; and
3. To sell same on the licensed premises in such c ontainers to
consumers for off-premises consumption only and not for resale;
provided, beer may be sold to charita ble organizations tha t are
holders of charitable alcohol ic beverage auction or charitable
alcoholic beverage event licenses.
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. A retail spirits licensee authorized to serve sa mples of
beer, wine and spirits to consumers under this section shall ensure
that all samples are:
1. Served by the retail spirits licensee or an employee of the
retail spirits licensee;
2. Poured from its original seal ed container purchased by the
retail spirits licensee from a licensed wine and spirits wholesaler
or beer distributor authorized to sell the same, and the retail
spirits licensee shall pay the applicable sales tax on the alcoholic
beverages purchased;
3. Offered only to consumers at least twenty-one (21) years of
age and without charge;
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4. 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
5. Consumed on the licensed premises of the retail spirits
licensee and not permitted to be removed from the licensed premises.
E. Any retail spirits licensee that serves samples pursuant to
subsection D of this section shall:
1. Have no more than six unsealed bottles of alc oholic
beverages available for samp le on any given date;
2. Pour out any alcoholic beverage remaining in an unsealed
bottle used for sampling at the end of the business day; and
3. Maintain a written record of every alcoholic beverag e
sampled on a form prescribed by the ABLE Commission. This record
shall include the brand name and bottle size of the alcoholic
beverage sampled, the date and time in which sample was served, and
the name of the ABLE licensee(s) that served the samples. This
record shall be maintained by the retail spirits licensee for at
least one (1) year f ollowing the sampling date and shall be made
available to the ABLE Commission upon request.
SECTION 2. AMENDATORY Section 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:
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1. Purchase or receive any alcoholic beverage other than from a
wine and spirits whole saler, 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 licensed 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 ;
3. Sell any alcoholic beverages at any hour other than between
the hours of 8:00 a.m. and midnight Monday through Saturday, and
shall not be permitted to be open o n 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 Sunday. Retail
spirits licensees shall be pe rmitted to sell alcoh olic beverages on
the day of any General, Primary, Runoff Primary or S pecial Election
whether on a national, state, county or city election, provided that
the election day does not occur on any day on which such sales are
otherwise prohibited by law;
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4. Sell spirits in a city or town, unle ss 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 credit; provided, that
acceptance by a license e of a cash or debit card or a nationally
recognized credit card in lieu of actual cash pay ment does not
constitute the extension of credit; provided, further, as used in
this section:
a. “cash or debit card” means any instrument or device
whether known as a debit card or by a ny other name,
issued with or witho ut fee by an issuer for the use of
the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
b. “nationally recognized credit card ” means any
instrument or device, whet her 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 accepte d by
over one hundred retail locations;
6. Offer or furnish any prize, premium, gift or si milar
inducement to a consumer in connection with the sale of alcoholic
beverages, except that goods or merchandise included by the
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manufacturer in packaging with al coholic beverages or for packaging
with alcoholic bevera ges shall not be included in this p rohibition,
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 or suspend the license of any
retailer who has given a check or d raft, 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 or about
the licensed premises unless accompanied by the person’s parent or
legal guardian.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
February 4, 2021 - DO PASS