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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1723 By: Marti
AS INTRODUCED
An Act relating to amending 37A O.S. 2021, Section 2 -
109, which relates to retail spirits license;
clarifying authorizations; and declarin g an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -109, is
amended to read as follows:
Section 2-109. A. A retail spirits license shall a uthorize the
holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distribu tor or from the holder
of a small brewer self -distribution license;
3. To sell same on the licensed premises i n such containers to
consumers for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event l icenses; and
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4. To host alcoholic beverage tastings consistent with
subsections D and E of this section .
B. A retail wine license shall author ize the holder thereof:
1. To purchase wine from a wine and spirits wholesaler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self -distribute as provided in Article
XXVIII-A of the Oklahoma Constitution;
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, wine may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses ; and
4. To host an alcoholic beverage tasting, consistent with
subsections D and E of this section.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess o f fifteen percent (15%).
C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self -
distribution license;
3. To sell same beer, wine, or spirits, refrigerated or non-
refrigerated, on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, beer may be so ld to charitable organizations that are
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holders of charitable alcoholic beverage auctio n or charitable
alcoholic beverage event licenses ; and
4. To host alcoholic beverage tasting s consistent with
subsections D and E of this section .
Provided, no holder o f a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. All tastings conducted under t his section shall:
1. Be conducted under the direct supervision of the licensee
authorized to host the tast ing;
2. Be poured by any ABLE Commission licensee lawfully permitted
to serve alcoholic beverages, provided no wine or spirits
wholesaler, beer dis tributor or employee of a wine o r spirits
wholesaler or beer distributor shall be allowed to pour samples fo r
tastings;
3. Use alcoholic beverages purchased by the licensee authorized
to host the tastings from a licensed wine and spirits wholesaler,
beer distributor, self-distributor, small brewer or self-
distributing winery authorized to sell the same, and the licensee
shall pay the applicable taxes on the alcoholic beverages purchased;
provided, the licensee may only provide samples of alcoholic
beverages that its license is authorized to sell;
4. Be restricted to persons twenty -one (21) years of age or
older;
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5. Be limited to no more than one (1) fluid ounce of spirits,
two (2) fluid ounces o f wine or three (3) fluid ounces of beer per
consumer per day; and
6. Be consumed on the lic ensed premises of the licensee
authorized to host the tastings or at a locat ion other than the
licensed premises, provided no samples served on the licensed
premises shall be permitted to be removed from the licensed
premises.
E. All licensees authorized to serve samples pursuant to
subsection D of this section shall ensure that:
1. All samples are poured only from original sealed packaging;
2. Any alcoholic beve rages remaining in unsealed packaging used
to provide samples, excluding spirits, are poured out by the end of
the day;
3. No more than six (6) bottles of alcoholic bev erages are
unsealed at any given time; and
4. No person shall remove any samples from the licensed
premises or location where the tasting has occur red.
SECTION 2. It being immediately necessary for the preservation
of the public peace, he alth or safety, an emergency is hereby
declared to exist, by reason whereof this act sh all take effect and
be in full force from and after its passage an d approval.
59-1-6521 JL 12/29/22