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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 8 By: Garvin
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Sections 2-102, as amended by Section 1,
Chapter 396, O.S.L. 2021, 2-103, 2-104, and 2-131,
which relate to brewer, wine maker, distillery, and
small farm winery licenses; allowing certain license
holders to host off-site events under cer tain
conditions; authorizing the ABLE Commission to permit
certain license holders to host off-site events
following application; requiring licensees to sell
only the products covered by licenses; providing
details of application; allowing Commission to assess
fee; updating statutory language; repealing 37A O.S.
2021, Section 2-102, as amended by Section 1, Chapter
226, O.S.L. 2019; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -102, as
amended by Section 1, Chapter 396, O .S.L. 2021, is amended to read
as follows:
Section 2-102. A. A brewer license shall authorize the holder
thereof:
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1. To manufacture, bottle, package and store beer and cider on
the licensed premises; and
2. To sell beer and cider in this state to holders of beer
distributor licenses and to sell beer and cid er out of this state to
qualified persons; and
3. To host off-site events pursuant to Section 5 of this act.
B. A small brewer license shall authorize the holder thereof:
1. To manufacture, bottle, package and store beer and cider
produced by the licensee on lice nsed premises;
2. To sell beer and cider in this state to holders of beer
distributor licenses and retail licenses or to sell beer out of this
state to qualified perso ns;
3. To serve free samples of beer and cider produced by the
licensee to visitors twenty-one (21) years of age or older;
4. To sell beer and cider produced by the licensee for either
on-premises or off-premises consumption to consumers on the brewery
premises, or on premises located contiguou s thereto;
5. To sell beer and cider at public events such a s 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; and
8. To host off-site events pursuant to Section 5 of this act.
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C. The holder of multiple small brewer licenses may sell beer
produced at up to three breweries for which the lice nsee has a
license, at any other of such three licensed breweries or on
premises located contiguous thereto.
D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall
prohibit the holder of a small brewer license from also holding or
owning an interest in the holder of a brewpub license.
E. For purposes of this section, no visitor may sample more
than a total of twelve (12) flu id ounces of beer and cider per day.
The brewer must restrict the distribution and consumption of beer
and cider samples to an area within the licensed premises designated
by the brewer as defined in this subsection. A current floor plan
that includes the designated sampling serving area must be on file
with the ABLE Commission. No visitor under twe nty-one (21) years of
age shall be permitted to enter this designated sampling serving
area when samples are being distributed or consumed . Accompanied
visitors under twent y-one (21) years of age shall be allowed
anywhere on the premises except for a serving area. Samples of beer
and cider served by a brewery under this section shal l not be
considered a sale of beer and cider within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1-103 of this
title; however, such samples of beer and cider shall be considered
beer and cider removed or withdrawn from the brewery for use or
consumption within the meaning of Section 5-110 of this title for
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excise tax determination and reporting requirements. Sales and
sampling may only occur between the hours of 10:00 a.m. and 2:00
a.m. For purposes of this subsection, “serving area” means the area
of the bar where drinks are sold, prepared, and served to paying
customers and shall not include other areas of th e brewery where
customers consume purchased products.
F. A small brewer self-distribution license shall authorize
holders of a small brewer license to distribute beer and cider
produced only by suc h 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, winemaker license, charitable auction license or brewp ub
license. A small brewer shall ele ct 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 electio n shall be made through notice to the
ABLE Commission. Any c hanges to the election shall require
immediate notification to the ABLE Commission before the ch ange in
election will take effect. A sm all brewer that elects to self -
distribute in multiple terri tories shall only be req uired to have
one small brewer self-distribution license.
G. All manufacturer’s licenses held by brewers during the first
calendar year beginning October 1, 2018, shall aut omatically convert
to brewer licenses and be deemed effecti ve as of the date of the
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first issuance of the manufacturer’s license. Upon the first
renewal of the license, the brewer will need to obtain the
appropriate brewer’s license. If a brewer elects t o market wine and
spirits, the brewer will also be required to obtain a manufacture r’s
license and comply with the rules and regulations for both licenses.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2 -103, is
amended to read as follows:
Section 2-103. A. A distiller license shall authorize the
holder thereof:
1. To manufacture, bottle, package and store spirits on
licensed premises;
2. To sell spirits in this state to licensed wholesaler s and
manufacturers only;
3. To sell spirits out of this state to qualified perso ns; to
purchase from licensed distil lers and rectifiers in this state, and
import spirits from without this state for manufa cturing purposes in
accordance with federal laws a nd regulations;
4. To serve free samples of spirits produced only by the
licensee to visitors twenty-one (21) years of age and older. For
purposes of this section, no visitor may sample more than a total of
three (3) fluid ounces of spirits per day. The distiller shall
restrict the distribution and consumption of spirits samples to a n
area within the licensed premises designated by the distiller. A
current floor plan that includes the designated sampling area shall
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be on file with the ABLE Commission. No visitor under twenty-one
(21) years of age shall be permitted to enter the desi gnated
sampling area when samples ar e being distributed and consumed.
Samples of spirits served by a distiller under this s ection shall
not be considered a sale of spirits w ithin the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this
title; provided, such samples of spirits shall be considered removed
or withdrawn from the distillery for use or c onsumption within the
meaning of Section 5 -110 of this title for excise tax determination
and reporting requirements;
5. To sell spirits produced by the licensee for e ither on-
premises or off-premises consumption to consumers on the licensed
distillery premises or in an area controlled by the licensee lo cated
contiguous to the licensed distillery premises. Product offered for
sale by the Oklahoma licensed distiller wil l have been sold to and
shipped to an Oklahoma licensed wine and spirits wholesaler and then
made available for purchase by the Oklahoma l icensed distiller for
sale; and
6. To sell spirits at public events such as trade shows or
festivals. Products offer ed for sale by the Oklahoma licensed
distiller will have been sold to and shipped to an Oklahoma licensed
wine and spirits wholesaler and then made available for purchase by
the Oklahoma licensed distiller ; and
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7. To host off-site events pursuant to Section 5 of this act;
provided, that products offered for sale by the Oklahoma licensed
distiller will have been sold to and shi pped to an Oklahoma licensed
wine and spirits wholesaler and then made available for purchase by
the Oklahoma licensed distiller.
B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall not excee d fifteen thousand (15,000) gallons
per calendar year in combination.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-104, is
amended to read as follows:
Section 2-104. A winemaker license shall authorize the holder
thereof:
1. To manufacture (including such mixing, blending and cellar
treatment as authorized by federal law), bottle, package and store
on licensed premises wine containing not more than twenty-four
percent (24%) alcohol by volume,; provided, the bottle or package
sizes authorized shall be limited to the capacities ap proved by the
United States Alcohol and Tobacco Tax and Trade Bureau;
2. To sell wine in this state to licensed wholesalers and
manufacturers;
3. To sell wine produced at the winery from gr apes and other
fruits and berries grown in this state, if availab le, for either on-
premises or off-premises consumption to consumers on the pr emises of
the winery;
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4. To serve free samples of wine produced at the winery to
visitors twenty-one (21) years of age and older. For purposes of
this section, no visitor may sa mple more than a total of six (6 )
fluid ounces of wine per day. The winery s hall restrict the
distribution and consumption of wine samples to an area within the
licensed premises designated by the winery. A current floor plan
that includes the designated sampling area shall be on file with the
ABLE Commission. No visitor under t wenty-one (21) years of age
shall be permitted to enter the designated sampling area when
samples are being distri buted and consumed. Samples of wine served
by a winery under thi s section shall not be considere d a sale of
wine within the meaning of Articl e XXVIII-A of the Oklahoma
Constitution or Section 1-103 of this title; provided, such samples
of wine shall be considered removed or withdrawn from the winery for
use or consumption within the meaning of Sectio n 5-110 of this title
for excise tax determin ation and reporting requirements;
5. To serve free samples of wine produced at the winery at
public events such a s festivals and trade shows;
6. To sell wine produced at the win ery, for either on-premises
or off-premises consumption at public events such as festivals and
trade shows;
7. To sell wine out of this state to qualified persons;
8. To purchase from licen sed winemakers, distillers and
rectifiers in this state, and to i mport into this state wine, bran dy
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and fruit spirits for use in manufacturing in accordance with
federal laws and regulations;
9. To sell and serve Oklahoma-manufactured wine, mulled wine,
or spiced wine, mixed with nonalcoholic beverages or food items su ch
as water, sugar, fruits and v egetables, at any temperature for
either on-premises or off-premises consumption ;
10. To purchase beer in retail containers from the holder of a
wholesaler, beer distributor, small brewer self-distributor or
brewpub self-distributor license or as specific ally provided by law;
11. To sell, offer for sale and possess beer for on-premises
consumption; and
12. To establish satellite tasting rooms as defined and
authorized in this act where the winemaker’s products may be taste d,
sampled, sold and served for on-premises consumption and the
winemaker is permitted to sell its products in sealed containers;
provided, the small farm winery license or winemaker license is
active and in good standing. The wine sold at a satellite tas ting
room must have been produce d/manufactured by the holder of a small
farm winery license or winemaker license and must have all
manufacturing taxes paid; and
13. To host off-site events pursuant to Section 5 of this act.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 2-131, is
amended to read as follows:
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Section 2-131. A. A small farm winery license shall authorize
the holder thereof:
1. To manufacture and bottle wines produced by that small farm
winery;
2. To bottle and sell wines produced by another small farm
winery. In order for a small farm winery to bottle a nd sell another
small farm winery’s products, both the selling winery and the buying
winery shall be small farm winery permit holders;
3. To establish satellite tasting r ooms as defined and
authorized in this act where the winemaker’s products may be tast ed,
sampled, sold and served for on-premises consumption and the
winemaker is permitted to sell its products in sealed containers;
provided, the small farm winery license is active and in good
standing. The wine sold at a satellite tasting room must have been
produced/manufactured by the holder of a small farm winery license
and must have all manufacturing taxes paid; and
4. To host off-site events pursuant to Section 5 of this act;
and
5. The small farm winery licensee shall have the same authority
as the winemaker licensee .
B. A small farm wine may display the trademarked “Oklahoma
Grown” sticker available from the O klahoma Grape Industry Council.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-162 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A. A brewer, small brewer, winemaker, distiller, or small farm
winery licensee shall be authorized to host an off-site event
following the submission and approval o f an application to the ABLE
Commission. The licensee shall only be authorized to sell for
consumption at the off-site event alcoholic beverages authorized for
sale under the licensee’s respective license. The licensee shall be
limited to hosting four (4 ) off-site events per year.
B. The application shall include, but not be limited to, the
location of the off-site event with a designated area within the
location designed to provide an exclusive space which may be limited
to the public and a designated point of access for a pat ron or
patrons specifically granted acces s to ensure that persons present
in the designated area are above twenty-one (21) years of age. The
Commission may prescribe a filing fee for each off-site event
application not to exceed Twenty-five Dollars ($25.00).
C. The ABLE Commission shall prom ulgate rules necessary for the
implementation of this section.
SECTION 6. REPEALER 37A O.S. 2021, Section 2-102, as
amended by Section 1, Chapter 226, O.S.L. 2019, is hereby repealed.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and appro val.
59-1-295 MR 11/29/2022 8:34:31 AM