OK
Oklahoma Senate Bill SB85

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB85 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 85 By: Coleman and Bergstrom of
8-the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 85 By: Coleman of the Senate
931
1032 and
1133
12- Strom and Phillips of the
13-House
34+ Strom of the House
35+
1436
1537
1638
1739
1840 An Act relating to alcoholic beverages; amending
1941 Section 14, Chapter 366, O.S.L. 2016, as last amended
2042 by Section 3, Chapter 322, O.S.L . 2019 (37A O.S.
2143 Supp. 2020, Section 2 -102), which relates to brewer
2244 and small brewer licenses; authorizing holders of
2345 multiple small brewer licenses to sell beer at
2446 multiple locations; updating statutory language; and
2547 providing an effective date.
2648
2749
2850
2951
52+AUTHOR: Add the following House Coauthor: Phillips
3053
31-SUBJECT: Alcoholic beverages
54+AUTHOR: Add the following Senate Coauthor: Bergstrom
55+
56+AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
57+and replace with:
58+
59+
60+"An Act relating to alcoholic beverages; amending
61+Section 14, Chapter 366, O.S.L. 2016, as last
62+amended by Section 3, Chapter 322, O.S.L. 2019 (37A
63+O.S. Supp. 2020, Section 2 -102), which relates to
64+brewer and small brewer licenses; authorizing
65+holders of multiple small brewer licenses to sell
66+beer at multiple locatio ns; updating statutory
67+language; and providing an effective date.
68+
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3271
3372 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3498
3599 SECTION 1. AMENDATORY Section 14, Chapter 366, O.S.L.
36100 2016, as last amended by Section 3, Chapter 322, O.S .L. 2019 (37A
37101 O.S. Supp. 2020, Section 2 -102), is amended to read as follows:
38-
39102 Section 2-102. A. A brewer license shall authorize the holder
40103 thereof:
41-
42104 1. To manufacture, bottle, package and store beer and cider on
43105 the licensed premises; and
44-
45106 2. To sell beer and cider in this state to holders of beer
46107 distributor licenses and to sell beer and cider out of this state to
47108 qualified persons.
48-
49-ENR. S. B. NO. 85 Page 2
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51109 B. A small brewer license shall authorize the holder thereof:
52-
53110 1. To manufacture, bottle, package and store beer produced by
54111 the licensee on licensed premises;
55-
56112 2. To sell beer in this state to holders of beer distributor
57113 licenses and retail licenses or to sell beer out of this state to
58114 qualified persons;
59-
60115 3. To serve free samples of beer produced by the licensee to
61116 visitors twenty-one (21) years of age or older;
62-
63117 4. To sell beer produced by the licensee for either on -premises
64118 or off-premises consumption to consumers on the brewery premises, or
65119 on premises located contiguous thereto;
66-
67120 5. To sell beer at public events such as trade shows or
68121 festivals;
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70148 6. To purchase wine in retail containers from the holder of a
71149 wholesaler license or as specifically provided by law; and
72-
73150 7. To sell, offer for sale and possess wine for on -premises
74151 consumption.
75-
76152 C. The holder of multiple small b rewer licenses may sell beer
77153 produced at up to three breweries for which the licensee has a
78154 license, at any other of such three licensed breweries or on
79155 premises located contiguous thereto.
80-
81156 D. Nothing in this act the Alcoholic Beverage Control Act shall
82157 prohibit the holder of a small brewer license from also holding or
83158 owning an interest in the holder of a brewpub license.
84-
85159 D. E. For purposes of this section, no visitor may sample more
86160 than a total of twelve (12) fluid ounces of beer per day. The
87161 brewer must restrict the distribution and consumption of beer
88162 samples to an area within the licensed premises designated by the
89163 brewer. A current floor plan that includes the designated sampling
90164 area must be on file with the ABLE Commission. No visitor under
91165 twenty-one (21) years of age shall be permitted to enter this
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93-ENR. S. B. NO. 85 Page 3
94166 designated sampling area when samples are being distributed or
95167 consumed. Samples of beer served by a brewery under this section
96168 shall not be considered a sale of beer within the meaning of Article
97169 XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
98170 title; however, such samples of beer shall be considered beer
99171 removed or withdrawn from the brewery for use or consumption within
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100198 the meaning of Section 5 -110 of this title for excise tax
101199 determination and reporting requirements. Sales and sampling may
102200 only occur between the hours of 10:00 a.m. and 2:00 a.m.
103-
104201 E. F. A small brewer self-distribution license shall authorize
105202 holders of a small brewer license to distribute beer produced only
106203 by such licensee to a holder of a retail beer license, retail
107204 spirits license, mixed beverage license, beer and wine license,
108205 caterer’s license, special event license, public event license,
109206 charitable auction license or brewpub license. A small brewer shall
110207 elect whether it will distribute through a distributor or self -
111208 distribute in a subject territory; however, a small brewer may not
112209 elect to do both simultaneously in a subject territory. The
113210 election shall be made through notice to the ABLE Commission. Any
114211 changes to the election shall require immediate notification to the
115212 ABLE Commission before the change in election will take effect. A
116213 small brewer that elects to self -distribute in multiple territories
117214 shall only be required to have one small brewer self -distribution
118215 license.
216+F. G. All manufacturer’s licenses held by brewers during the
217+first calendar year beginning October 1, 2018, shall automatically
218+convert to brewer licenses and be deemed effective as of the date of
219+the first issuance of the manufacture r’s license. Upon the first
220+renewal of said the license, the brewer will need to obtain the
221+appropriate brewer’s license. If a brewer elects to market wine and
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248+spirits, the brewer will also be required to obtain a manufacturer’s
249+license and comply with t he rules and regulations for both licenses.
250+SECTION 2. This act shall become effective November 1, 2021. "
251+Passed the House of Representatives the 19th day of April, 2021.
252+
253+
254+
255+
256+
257+Presiding Officer of the House of
258+ Representatives
259+
260+
261+Passed the Senate the ____ day of __________, 2021.
262+
263+
264+
265+
266+
267+Presiding Officer of the Senate
268+
269+
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295+ENGROSSED SENATE
296+BILL NO. 85 By: Coleman of the Senate
297+
298+ and
299+
300+ Strom of the House
301+
302+
303+
304+
305+An Act relating to alcoholic beverages; amending
306+Section 14, Chapter 366, O.S.L. 201 6, as last amended
307+by Section 3, Chapter 322, O.S.L. 2019 (37A O.S.
308+Supp. 2020, Section 2 -102), which relates to brewer
309+and small brewer licenses; authorizing holders of
310+multiple small brewer licenses to sell beer at
311+multiple locations; updating statutory language; and
312+providing an effective date.
313+
314+
315+
316+
317+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
318+SECTION 3. AMENDATORY Section 14, Chapter 366, O.S.L.
319+2016, as last amended by Section 3, Chapter 322, O.S.L. 2019 (37A
320+O.S. Supp. 2020, Section 2-102), is amended to read as follows:
321+Section 2-102. A. A brewer license shall authorize the holder
322+thereof:
323+1. To manufacture, bottle, package and store beer and cider on
324+the licensed premises; and
325+2. To sell beer and cider in this st ate to holders of beer
326+distributor licenses and to sell beer and cider out of this state to
327+qualified persons.
328+B. A small brewer license shall authorize the holder thereof:
329+
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355+1. To manufacture, bottle, package and store beer produced by
356+the licensee on licensed premises;
357+2. To sell beer in this state to holders of beer distributor
358+licenses and retail licenses or to sell beer out of this state to
359+qualified persons;
360+3. To serve free samples of beer produced by the licensee to
361+visitors twenty-one (21) years of age or older;
362+4. To sell beer produced by the licensee for either on -premises
363+or off-premises consumption to consumers on the brewery premises, or
364+on premises located contiguous thereto;
365+5. To sell beer at public events such as trade shows or
366+festivals;
367+6. To purchase wine in retail containers from the holder of a
368+wholesaler license or as specifically provided by law; and
369+7. To sell, offer for sale and possess wine for on -premises
370+consumption.
371+C. The holder of multiple small brewer licenses may sell beer
372+produced at any brewery for which the licensee has a license, at any
373+other brewery for which the licensee has a license or on premises
374+located contiguous thereto.
375+D. Nothing in this act the Alcoholic Beverage Control Act shall
376+prohibit the holder of a small brewer license from also holding or
377+owning an interest in the holder of a brewpub license.
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404+D. E. For purposes of this section, no visitor may sample more
405+than a total of twelve (12) fluid ounces of beer per day. The
406+brewer must restrict the dist ribution and consumption of beer
407+samples to an area within the licensed premises designated by the
408+brewer. A current floor plan that includes the designated sampling
409+area must be on file with the ABLE Commission. No visitor under
410+twenty-one (21) years of age shall be permitted to enter this
411+designated sampling area when samples are being distributed or
412+consumed. Samples of beer served by a brewery under this section
413+shall not be considered a sale of beer within the meaning of Article
414+XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
415+title; however, such samples of beer shall be considered beer
416+removed or withdrawn from the brewery for use or consumption within
417+the meaning of Section 5 -110 of this title for excise tax
418+determination and reporti ng requirements. Sales and sampling may
419+only occur between the hours of 10:00 a.m. and 2:00 a.m.
420+E. F. A small brewer self-distribution license shall authorize
421+holders of a small brewer license to distribute beer produced only
422+by such licensee to a holde r of a retail beer license, retail
423+spirits license, mixed beverage license, beer and wine license,
424+caterer’s license, special event license, public event license,
425+charitable auction license or brewpub license. A small brewer shall
426+elect whether it will di stribute through a distributor or self -
427+distribute in a subject territory; however, a small brewer may not
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454+elect to do both simultaneously in a subject territory. The
455+election shall be made through notice to the ABLE Commission. Any
456+changes to the electio n shall require immediate notification to the
457+ABLE Commission before the change in election will take effect. A
458+small brewer that elects to self -distribute in multiple territories
459+shall only be required to have one small brewer self -distribution
460+license.
120461 F. G. All manufacturer’s licenses held by brewers during the
121462 first calendar year beginning October 1, 2018, shall automatically
122463 convert to brewer licenses and be deemed effective as of the date of
123464 the first issuance of the manufacturer’s license. Upon th e first
124465 renewal of said the license, the brewer will need to obtain the
125466 appropriate brewer’s license. If a brewer elects to market wine and
126467 spirits, the brewer will also be required to obtain a manufacturer’s
127468 license and comply with the rules and regulati ons for both licenses.
469+SECTION 4. This act shall become effective November 1, 2021.
128470
129-SECTION 2. This act shall become effective November 1, 2021.
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133-Passed the Senate the 28th day of April, 2021.
496+Passed the Senate the 11th day of February, 2021.
134497
135498
136499
137500 Presiding Officer of the Senate
138501
139502
140-Passed the House of Representatives the 19th day of April, 2021.
503+Passed the House of Representatives the ____ day of __________,
504+2021.
141505
142506
143507
144508 Presiding Officer of the House
145509 of Representatives
146510
147-OFFICE OF THE GOVERNOR
148-Received by the Office of the Governor this _______ _____________
149-day of _________________ __, 20_______, at _______ o'clock _______ M.
150-By: _______________________________ __
151-Approved by the Governor of the State of Oklahoma this _____ ____
152-day of _________________ __, 20_______, at _______ o'clock _______ M.
153511
154- _________________________________
155- Governor of the State of Oklahoma
156-
157-
158-OFFICE OF THE SECRETARY OF STATE
159-Received by the Office of the Secretary of State this _______ ___
160-day of __________________, 20 _______, at _______ o'clock _______ M.
161-By: _______________________________ __