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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2354 By: Dempsey
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2-105, which relates to winemaking
self-distribution license; modifying requirements and
procedure for a winemaker or small farm winery
licensee to distribute wine; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S . 2021, Section 2-105, is
amended to read as follows:
Section 2-105. A. A winemaker self -distribution license shall
authorize a licensed winemaker within or without this state which is
permitted by Article XXVIII -A of the Oklahoma Constitution and this
section:
1. To distribute its wine directly to retail spirits, retail
wine and retail beer licensees, mixed beverage licensees, beer and
wine licensees, and restaurants in this state; and
2. If such a winemaker elects to do so, to sell and deliver its
wines directly to licen sed retail package stores, mixed beverage
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licensees, beer and wine licensees, and restaurants in this state in
full case lots only, and in accordance with the provisions of the
Oklahoma Alcoholic Beverage Control Act and such rules as t he ABLE
Commission shall promulgate.
B. A winemaker either within or without this state A Winemaker
or Small Farm Winery license e that annually produces no more than
fifteen thousand (15,000) gallons of wine may elect to sell and
self-distribute the wine produced by such winemaker directly to
licensed retail package stores, mixed beverage lic ensees, beer and
wine licensees, and restaurants in this state; provided:
1. Any such winemaker which elects to directly sell its wine to
package stores, mixed bevera ge licensees, beer and wine licensees,
and restaurants shall not also use a licensed whol esale distributor
as a means of distribution, and shall be required to sell its wines
to every package store, mixed beverage licensee, beer and wine
licensee, and restaurant licensee who desires to purchase the same,
on the same price basis and without dis crimination; may distribute
wine produced only by such licensee to a holder of a retail beer
license, retail spirits license, mixed beverag e license, beer and
wine license, caterer's license, special event license, public event
license, charitable auction license , or brewpub license. A
Winemaker or Small Farm Winery licensee shall elect whether it will
distribute through a distributor or self-distribute in a subject
territory; however, a Winemaker or Small Farm Winery may not elect
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to do both simultaneously in a subject territory. The election
shall be made through notice to the ABLE Commission. Any changes to
the election shall require immediat e notification to the ABLE
Commission before the change in election will take effect .
2. If a winemaker or winery se lls directly to a retail package
store, mixed beverage licensee, beer and wine licensee or
restaurant, the winemaker shall transport the w ine from the
winemaker's winery to the premises where the wine is to be delive red
only in vehicles owned or leased by the winemaker and not by common
or private contract carrier and shall obtain all necessary permits
as required by the Oklahoma Alcoholic B everage Control Act; and.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6074 JL 01/18/23