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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2178 By: Lowe (Dick) of the House
and
Paxton of the Senate
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; providing
that a holder of a small fa rm winery, winemaker, or
small brewer license may serve free samples and sell
other items; providing that wine or beer may be
served at off-premises locations; providing that at
public events the location occupied by the small farm
winery, winemaker, or small brewer licensee becomes a
licensed premises and extension of the license
holder; requiring a licens ee to establish a serving
area; providing that multiple licensees may combine
their serving areas; providing that a small farm
winery, winemaker, or small brewer licensee shall not
be required to control a consumer leaving the
premises once served; providing there shall not be
any permit or license require d by the event
originator, coordinator, manager, or property owner;
providing for codification; and pr oviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. 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 holder of a small farm winery , winemaker, or small brewer
license, which serves wi ne or beer for on-premises or off-premises
consumption, with permission from the event coor dinator, manager, or
the property owner, shall be allowed to serve free samples of, sell,
or serve Oklahoma-manufactured beer, wine, mulled wine, or spiced
wine, mixed with nonalcoholic beverages or food items, such as
water, sugar, fruits and vegetables, at any temperature, wine
produced at the winery or blended on-site at any public event,
including but not limited to festi vals, trade shows, boat shows, RV
shows, home and garden shows, fairs, car shows, swap meets, sport ing
events, city events, county events, state events, for either on-
premises or off-premises consumption, including any public events
that are held at the premis es which hold 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, small farm winery license, charitable
auction license, or brewpub license. When attending a public event ,
the location within the event occupied by the small farm wi nery,
winemaker, or small brewer licensee becomes a licensed premises and
extension of the licensed small farm winery , winemaker, or small
brewer license. The licensee shall set up and define an area
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contiguous to their booth space as a serving area where the wine or
beer is dispensed. The licensee may only serve the wine or beer in
the serving area. In the event that multiple winemakers or small
brewers are at the same public event, they may combine their serving
areas into one area as long as they are contiguous to the
winemakers' or small brewers' booths. A small farm winery,
winemaker, or small brewer licensee shall not be required to control
the consumer leaving the premises once served Oklahoma-manufactured
beer, wine, mulled wine, or spiced wine, mixed with nonalcoholic
beverages or food items , such as water, sugar, fruits and
vegetables, at any temperature , wine produced at the winery or
blended on-site at the public event. There shall not be an y special
permit, permit, or license required by the event originator,
coordinator, manager, or property owner to have a small farm winery,
winemaker, or small brewer licensee at his or her event.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/02/2023 - DO PASS, As Amended and Coauthored.