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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2084 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to alcoholic beverages; ame nding 37A
O.S. 2021, Section 2 -104, which relates to winemaker
license; providing requirements for wine to be sold
for off-premises consumption; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -104, is
amended to read as follows:
Section 2-104. A winemaker license shall authorize the h older
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 bo ttle or package
sizes authorized shall be limited to the capacities approved by the
United States Alcohol and Tobacco Tax and Trade Bureau;
2. To sell wine in this state to licensed wholesalers and
manufacturers;
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3. To sell wine produced at the winery fr om grapes and other
fruits and berries grown in this state, if available, for either on -
premises or off-premises consumption to consumers on the premises of
the winery. Wine sold for off-premises consumption must meet the
following requirement s:
a. must be in a sealed container by a winemaker license
at the wine maker licensee's premises, and
b. the wine is transferred within the licensed premises
by an employee of the licensee who:
(1) is at least twenty-one (21) years of age,
(2) upon delivery, verifies the age of the person to
whom the wine is being delivered.
If the employee delivering the drink is not able to safely
verify a person's age or level of intoxication upon
delivery, the employee shall cancel the sale of alcohol and
return the product to the license holder;
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 sample more than a total of six (6)
fluid ounces of wine p er day. The winery shall 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 twenty-one (21) years of age
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shall be permitted to enter the designated sampling area when
samples are being distributed and consumed. Samples of wine served
by a winery under this section shal l not be considered a sale of
wine within the meaning of Article XXVI II-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 Section 5 -110 of this title
for excise tax determination and reporting requirements;
5. To serve free samples of wine produced at the winery at
public events such as festivals and trade shows;
6. To sell wine produced at the winery, for eithe r on-premises
or off-premises consumption at public events such as fe stivals and
trade shows;
7. To sell wine out of this state to qualified persons;
8. To purchase from licensed winemakers, distillers and
rectifiers in this state, and to import into thi s state wine, brandy
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 such
as water, sugar, fruits and vegetables, at any temper ature, for
either on-premises or off-premises consumption;
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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 specifically 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 tasted,
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 tasting
room must have been produced/manufactured by the ho lder of a small
farm winery license or winemaker licens e and must have all
manufacturing taxes paid.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7064 JL 01/10/23