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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 85 By: Coleman of the Senate
and
Strom of the House
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; amending
Section 14, Chapter 366, O.S.L. 2016, as last amended
by Section 3, Chapter 322, O.S.L. 2019 (37A O.S.
Supp. 2020, Section 2 -102), which relates to brewer
and small brewer licenses; authorizing holders of
multiple small brewer licenses to sell beer at
multiple locations; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 14, Chapter 366, O.S.L.
2016, as last amended by Section 3, Chapte r 322, O.S.L. 2019 (37A
O.S. Supp. 2020, Section 2 -102), is amended to read as follows:
Section 2-102. A. A brewer license shall authorize the holder
thereof:
1. To manufacture, bottle, package and store beer and cider on
the licensed premises; and
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2. To sell beer and cider in this state to holders of beer
distributor licenses and to sell beer and cider out of this state to
qualified persons.
B. A small brewer license shall authorize the holder thereof:
1. To manufacture, bottle, package and store bee r produced by
the licensee on licensed premises;
2. To sell beer in this state to holders of beer distributor
licenses and retail licenses or to sell beer out of this state to
qualified persons;
3. To serve free samples of beer produced by the licensee t o
visitors twenty-one (21) years of age or older;
4. To sell beer produced by the licensee for either on -premises
or off-premises consumption to consumers on the brewery premises, or
on premises located contiguous thereto;
5. To sell beer at public event s such as trade shows or
festivals;
6. To purchase wine in retail containers from the holder of a
wholesaler license or as specifically provided by law; and
7. To sell, offer for sale and possess wine for on -premises
consumption.
C. The holder of multip le small brewer licenses may sell beer
produced at up to three breweries for which the licensee has a
license, at any other of such three licensed breweries or on
premises located contiguous thereto.
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D. Nothing in this act the Alcoholic Beverage Control A ct shall
prohibit the holder of a small brewer license from also holding or
owning an interest in the holder of a brewpub license.
D. E. For purposes of this section, no visitor may sample more
than a total of twelve (12) fluid ounces of beer per day. Th e
brewer must restrict the distribution and consumption of beer
samples to an area within the licensed premises designated by the
brewer. A current floor plan that includes the designated sampling
area must be on file with the ABLE Commission. No visitor under
twenty-one (21) years of age shall be permitted to enter this
designated sampling area when samples are being distributed or
consumed. Samples of beer served by a brewery under this section
shall not be considered a sale of beer within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
title; however, such samples of beer shall be considered beer
removed or withdrawn from the brewery for use or consumption within
the meaning of Section 5 -110 of this title for excis e tax
determination and reporting requirements. Sales and sampling may
only occur between the hours of 10:00 a.m. and 2:00 a.m.
E. F. A small brewer self-distribution license shall authorize
holders of a small brewer license to distribute beer produced o nly
by such licensee to a holder of a retail beer license, retail
spirits license, mixed beverage license, beer and wine license,
caterer’s license, special event license, public event license,
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charitable auction license or brewpub license. A small brewer shall
elect whether it will distribute through a distributor or self -
distribute in a subject territory; however, a small brewer may not
elect to do both simultaneously in a subject territory. The
election shall be made through notice to the ABLE Commissi on. Any
changes to the election shall require immediate notification to the
ABLE Commission before the change in election will take effect. A
small brewer that elects to self -distribute in multiple territories
shall only be required to have one small bre wer self-distribution
license.
F. G. All manufacturer’s licenses held by brewers during the
first calendar year beginning October 1, 2018, shall automatically
convert to brewer licenses and be deemed effective as of the date of
the first issuance of the m anufacturer’s license. Upon the first
renewal of said the license, the brewer will need to obtain the
appropriate brewer’s license. If a brewer elects to market wine and
spirits, the brewer will also be required to obtain a manufacturer’s
license and comply with the rules and regulations for both licenses.
SECTION 2. This act shall become effective November 1, 2021.
58-1-8111 JL 04/08/21