Oklahoma 2023 Regular Session

Oklahoma House Bill HB2084 Compare Versions

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3		-	SENATE FLOOR VERSION - HB2084 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2084 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2084 By: Archer, Caldwell (Chad),
35	30		and Fugate of the House
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37	32		and
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39	34		Howard of the Senate
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45	40		An Act relating to alcoholic beverages; ame nding 37A
46	41		O.S. 2021, Section 2 -104, which relates to winemaker
47	42		license; providing requirements for wine to be sold
48	43		for off-premises consumption; and providing an
49	44		effective date.
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55	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	51		SECTION 1. AMENDATORY 37A O.S. 2021 , Section 2-104, is
57	52		amended to read as follows:
58	53		Section 2-104. A winemaker license shal l authorize the holder
59	54		thereof:
60	55		1. To manufacture (including such mixing, blending and cellar
61	56		treatment as authorized by federal law), bottle, package and store
62	57		on licensed premises wine containing not more than twenty-four
63	58		percent (24%) alcohol by volume , provided the bottle or package
64	59		sizes authorized shall be li mited to the capacities approved by the
65	60		United States Alcohol and Tobacco Tax and Trade Bureau;
	61	+	2. To sell wine in this state to licensed wholesalers and
	62	+	manufacturers;
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67		-	SENATE FLOOR VERSION - HB2084 SFLR Page 2
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	64	+	ENGR. H. B. NO. 2084 Page 2 1
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93		-	2. To sell wine in this state to licensed wholesalers and
94		-	manufacturers;
95	89		3. To sell wine produced at the winery from grapes and other
96	90		fruits and berries grown in this state, if available, for either on -
97	91		premises or off-premises consumption to consumers on the premis es of
98	92		the winery. Wine sold for off-premises consumption must meet the
99	93		following requirements:
100	94		a. must be in a sealed container by a winemaker licen se
101	95		at the wine maker licensee's premises, and
102	96		b. the wine is transferred within the licensed premises
103	97		by an employee of the licensee who:
104	98		(1) is at least eighteen (18) years of age,
105	99		(2) upon delivery, verifies the age of the person to
106	100		whom the wine is being delivered.
107	101		If the employee delivering the drink is not able to safely
108	102		verify a person's age or level of intoxication upon
109	103		delivery, the employee shall cancel the sale of alcohol and
110	104		return the product to the license holder;
111	105		4. To serve free samples of wine produced at the winery to
112	106		visitors twenty-one (21) years of age and older. For purposes of
113	107		this section, no visitor may sample more than a total of six (6)
114	108		fluid ounces of wine p er day. The winery shall restrict the
115	109		distribution and consumption of wine samples to an area within the
116	110		licensed premises designated by the winery. A current floor plan
	111	+	that includes the designated sampling area shall be on file with the
	112	+	ABLE Commission. No visitor under twenty-one (21) years of age
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118		-	SENATE FLOOR VERSION - HB2084 SFLR Page 3
119		-	(Bold face denotes Committee Amendments) 1
	114	+	ENGR. H. B. NO. 2084 Page 3 1
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144		-	that includes the designated sampling area shall be on file with the
145		-	ABLE Commission. No visitor under twenty-one (21) years of age
146	139		shall be permitted to enter the designated sampling area when
147	140		samples are being distributed and consumed. Samples of wine served
148	141		by a winery under this section shal l not be considered a sale of
149	142		wine within the meaning of Article XXVIII-A of the Oklahoma
150	143		Constitution or Section 1-103 of this title; provided, such samples
151	144		of wine shall be considered removed or withdrawn from the winery for
152	145		use or consumption within the meaning of Section 5-110 of this title
153	146		for excise tax determination and reporting requirements;
154	147		5. To serve free samples of wine produced at the winery at
155	148		public events such as festivals and trade shows;
156	149		6. To sell wine produced at the winery, for eithe r on-premises
157	150		or off-premises consumption at public events such as festivals and
158	151		trade shows;
159	152		7. To sell wine out of this state to qualified persons;
160	153		8. To purchase from licensed winemakers, distillers and
161	154		rectifiers in this state, and to import into thi s state wine, brandy
162	155		and fruit spirits for use in manufacturing in accordance with
163	156		federal laws and regulations;
164	157		9. To sell and serve Oklahoma -manufactured wine, mulled wine,
165	158		or spiced wine, mixed with nonalcoholic bevera ges or food items such
166	159		as water, sugar, fruits and vegetables, at any temper ature, for
167	160		either on-premises or off-premises consumption;
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169		-	SENATE FLOOR VERSION - HB2084 SFLR Page 4
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	162	+	ENGR. H. B. NO. 2084 Page 4 1
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195	187		10. To purchase beer in retail containers from the holder of a
196	188		wholesaler, beer distributor, small brewer self -distributor or
197	189		brewpub self-distributor license or as specifically provided by law;
198	190		11. To sell, offer for sale and possess beer for on -premises
199	191		consumption; and
200	192		12. To establish satellite tasting rooms as defined and
201	193		authorized in this act where the winemaker 's products may be tasted,
202	194		sampled, sold and served for on-premises consumption and the
203	195		winemaker is permitted to sell its products in sealed containers;
204	196		provided, the small farm winery license or winemaker license is
205	197		active and in good standing. The wine so ld at a satellite tasting
206	198		room must have been produced/manufactured by the ho lder of a small
207	199		farm winery license or winemaker licens e and must have all
208	200		manufacturing taxes paid.
209	201		SECTION 2. This act shall become effective November 1, 2023.
210		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
211		-	April 10, 2023 - DO PASS
	202	+	Passed the House of Representative s the 21st day of March, 2023.
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	207	+	Presiding Officer of the House
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	209	+	of Representatives
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	212	+	Passed the Senate the ____ day of __________, 2023.
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	217	+	Presiding Officer of the Senate
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