Oklahoma 2024 Regular Session

Oklahoma House Bill HB1682 Compare Versions

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3		-	SENATE FLOOR VERSION - HB1682 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1682 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 3, 2023
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1682 By: Dempsey of the House
35	30
36	31		and
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38	33		Coleman of the Senate
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43	40		An Act relating to alcoholic beverages; amending 37A
44	41		O.S. 2021, Section 2 -103, which relates to a
45	42		distiller license; modifying where a distiller may
46	43		sell spirits produced by the license holder;
47	44		providing that spirits sold by the distiller when
48	45		mixed with other non -alcoholic substances, shall not
49	46		be considered cocktails, mixed beverage s or mixed
50	47		drinks and that those substances are not part of the
51	48		distilling process; and declaring an emergency.
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57	54		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
58	55		SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -103, is
59	56		amended to read as follows:
60	57		Section 2-103. A. A distiller license s hall authorize the
61	58		holder thereof:
62	59		1. To manufacture, bottle, package and store spirits on
63	60		licensed premises;
64	61		2. To sell spirits in this state to licensed wholesalers and
65	62		manufacturers only;
	63	+	3. To sell spirits out of this state to q ualified persons; to
	64	+	purchase from licensed distillers and rectifiers in this state, and
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67		-	SENATE FLOOR VERSION - HB1682 SFLR Page 2
68		-	(Bold face denotes Committee Amendments) 1
	66	+	ENGR. H. B. NO. 1682 Page 2 1
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93		-	3. To sell spirits out of this state to qualified persons; to
94		-	purchase from licensed distillers and rectifiers in this state, and
95	91		import spirits from without this state for manu facturing purposes in
96	92		accordance with federal laws and regulations;
97	93		4. To serve free samples of spirits produced only b y the
98	94		licensee to visitors twenty-one (21) years of age and older. For
99	95		purposes of this section, no visitor may sample more than a tota l of
100	96		three (3) fluid ounces of spirits per day. The distiller shall
101	97		restrict the distribution and consumption of spirit s samples to an
102	98		area within the licensed premises designated by the distiller. A
103	99		current floor plan that includes the designated sampli ng area shall
104	100		be on file with the ABLE Commission. No visitor under t wenty-one
105	101		(21) years of age shall be permitted to enter the designated
106	102		sampling area when samples are being distributed and consumed.
107	103		Samples of spirits served by a distiller under this section shall
108	104		not be considered a sale of spirits within the meaning of Article
109	105		XXVIII-A of the Oklahoma Constitution o r Section 1-103 of this
110	106		title; provided, such samples of spirits shall be considered removed
111	107		or withdrawn from the distillery for use or consumption within the
112	108		meaning of Section 5-110 of this title for exc ise tax determination
113	109		and reporting requirements;
114	110		5. To sell spirits p roduced by the licensee for either on -
115	111		premises or off-premises consumption to consumers on the licensed
116	112		distillery premises or in an area controlled by the licensee located
	113	+	contiguous to the licensed distillery premises and at one (1)
	114	+	location controlled b y the licensee located not contiguous to the
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118		-	SENATE FLOOR VERSION - HB1682 SFLR Page 3
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	116	+	ENGR. H. B. NO. 1682 Page 3 1
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144		-	contiguous to the licensed distillery premises and at one (1)
145		-	location controlled by the licensee located not contiguous to the
146	141		licensed distillery premises . Product Spirits offered for sale by
147	142		the Oklahoma licensed distiller will have been sold to and shipped
148	143		to an Oklahoma licensed wine and spirits wholesaler and t hen made
149	144		available for purchase by the Oklahoma licensed distiller for sale;
150	145		and
151	146		6. To sell spirits at public events such as trade show s or
152	147		festivals. Products offered for sale by the Oklahoma licensed
153	148		distiller will have been sold to and shipped to an O klahoma licensed
154	149		wine and spirits wholesaler and then made available for purchase by
155	150		the Oklahoma licensed distiller.
156	151		B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
157	152		of this section shall no t exceed fifteen thousand (15,000) gallons
158	153		per calendar year in combin ation.
159	154		C. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
160	155		of this section, when mixed with other non -alcoholic substances,
161	156		shall not be considered cocktails, mixed beverages or mixed drinks.
162	157		Substances used for on premise consumption shall be non-alcoholic in
163	158		nature and shall not be considered part of the manufacturing
164	159		process.
165	160		SECTION 2. It being immediately necessary for the preservation
166	161		of the public peace, health or safety, an emergency is hereby
	162	+	declared to exist, by reas on whereof this act shall take effect and
	163	+	be in full force from and after its passage and approval.
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168		-	SENATE FLOOR VERSION - HB1682 SFLR Page 4
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194		-	declared to exist, by reason whereof this act shall take effect and
195		-	be in full force from and after its passage and approval.
196		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
197		-	April 3, 2023 - DO PASS
	190	+	Passed the House of Representatives the 21st day of March, 2023.
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	195	+	Presiding Officer of the House
	196	+	of Representatives
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	200	+	Passed the Senate the ___ day of __________, 2023.
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	205	+	Presiding Officer of the Senate
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