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SENATE FLOOR VERSION
February 26, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2001 By: Coleman
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 1 -103, as amended by Section 2,
Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
Section 1-103), which relates to definitions;
defining term; amending 37A O.S. 2021, Section 2 -109,
which relates to retail spirits license; permitting
an employee to sample alcoholic beverages under
certain circumstances; specifying amount to be u sed
in tastings; providing for procedure of tastings that
shall occur; allowing for certain resealing and
storing; exempting samples from certain excise ta x
provisions; amending 37A O.S. 2021, Section 6 -105, as
amended by Section 2, Chapter 82, O.S.L. 2022 (37A
O.S. Supp. 2023, Section 6-105), which relates to
prohibited acts of mixed beverage, public event,
special event, or on-premises beer and wine
licensees; providing exception; amending 37A O.S.
2021, Section 6-109, which relates to prohibited
acts; permitting an employee to sample alcoholic
beverages under certain circumstances; specifying
amount to be used in t astings; providing for
procedure of tastings that shall occur; allowing for
certain resealing and storing; exempting samples from
certain excise tax provisions; updating statutory
language; updating sta tutory reference; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 37A O.S. 2021, Section 1 -103, as
amended by Section 2, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2023,
Section 1-103), is amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
1. “ABLE Commission” or “Commission” means the Alcoholic
Beverage Laws Enforcement Commission;
2. “Alcohol” means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, from whatever source or by
whatever process produc ed. It does not include wood alcohol or
alcohol which has been denatured or produced as denatured in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. “Alcoholic beverage” means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by human beings;
4. “Applicant” means any individual, legal or commercial
business entity, or a ny individual involved in any legal or
commercial business entity allowed to hold any license issued in
accordance with the Oklahoma Alcoholic Beverage Control Act;
5. “Beer” means any beverage containing more than one-half of
one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of an infusion or decoction of barley, or
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other grain, sugar, malt or similar products. For the purposes of
taxation, distribution, sales, and regulation, seltze r shall mean
the same as beer as prov ided in this section. Beer may or may not
contain hops or other vegetable products. Beer includes, among
other things, beer, ale, stout, lager beer, porter, seltzer, and
other malt or brewed liquors, but does not include sake, known as
Japanese rice wine;
6. “Beer keg” means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. “Beer distributor” means and includes any person licensed to
distribute beer for retail sale in the this state, but does not
include a holder of a small brewer self-distribution license or
brewpub self-distribution license. The term distributor, as used in
the Oklahoma Alcoholic Beverage Control Act, shall be construed to
refer to a beer distributor;
8. “Bottle club” means any establishment in a county which has
not authorized the retail sale of alcoholic beverages by the
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. “Bottle service” means the sale and provision of spirits in
their original packages by a mixed be verage licensee to be consumed
in that mixed beverage licensee’s club suite;
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10. “Brand” means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a licensed brewer
to identify a specific beer, wine or spirit and to distinguish that
product from another beer, wine or spirit;
11. “Brand extension” means:
a. after October 1, 2018, an y brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantial part of the
unique features of a preexisting brand of the
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewer, the majority of whose
total volume of all brands of bee r distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low-
point beer brand of the same licensed brewer, or
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(2) relies or relied to a significant extent on the
goodwill associated with a preexisting low-point
beer brand;
12. “Brewer” means and includes any person who manufactures for
human consumption by the use of raw materials or other ingredie nts
any beer or cider upon which a license fee and a tax are imposed by
any law of this state;
13. “Brewpub” means a licensed establishment opera ted on the
premises of, or on premises located contiguous to, a small brewer,
that prepares and serves food an d beverages, including alcoholic
beverages, for on-premises consumption;
14. “Cider” means any alcoholic beverage obtained by the
alcoholic fermentation of fruit juice, including but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by either wine and spirits
wholesalers or beer distributors;
15. “Club suite” means a designated area within the premises of
a mixed beverage licensee designed to provide an exclusive space
which is limited to a patron or patrons specifically granted access
by a mixed beverage licensee and is not accessible to other patrons
of the mixed beverage licensee or the public. A club suite must
have a clearly designated point of access for a patron or patrons
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specifically granted access by the mixed beverage licensee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed beverage licensee and
employees providing services to the club suite;
16. “Convenience store” means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in retail
sales of automotive fuels in combination with such sales;
17. “Convicted” and “conviction” mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronouncement of judgment or the suspension
thereof;
18. “Designated products” means the brands of wine or spirits
offered for sale by a manufacturer that the manufacturer has
assigned to a designat ed wholesaler for exclusive distribution;
19. “Designated wholesaler” means a wine and spirits wholesaler
who has been selected by a manufa cturer as a wholesaler appointed to
distribute designated products;
20. “Director” means the Director of the ABLE C ommission;
21. “Distiller” means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wort or
wash, fit for distillation or for the production of spirits (except
a person making or using such material in the authorized production
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of wine or beer, or the production of vinegar by fermentation), or
any person who by any process separates alcoholi c spirits from any
fermented substance, or any person who, making or keeping mash, wort
or wash, has also in his or he r possession or use a still;
22. “Distributor agreement” means the written agreement between
the distributor and brewer as set forth i n Section 3-108 of this
title;
23. “Drug store” means a person primarily engaged in retailing
prescription and nonprescr iption drugs and medicines;
24. “Dual-strength beer” means a brand of beer that,
immediately prior to April 15, 2017, was being sold a nd distributed
in this state:
a. as a low-point beer pursuant to the Low-Point Beer
Distribution Act in effect immediatel y prior to
October 1, 2018, and
b. as strong beer pursuant to the Alcoholic Beverage
Control Act in effect immediately prior to Octob er 1,
2018,
and continues to be sold and distributed as such on October 1, 2018.
Dual-strength beer does not include a bra nd of beer that arose as a
result of a brand extension as defined in this section;
25. “Fair market value” means the value in the subject
territory covered by the written agreement with the distributor or
wholesaler that would be determined in an arm’s length transaction
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entered into without duress or threat of termination of the
distributor’s or wholesaler’s rights and shall include all elements
of value, including goodwill and going-concern value;
26. “Good cause” means:
a. failure by the distributor to comply with the material
and reasonable provisions of a written agreement or
understanding with the br ewer, or
b. failure by the distributor to comply with the duty of
good faith;
27. “Good faith” means the duty of each party to any
distributor agreement and all officers, employees or agents thereof
to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
28. “Grocery store” means a person primarily engaged in
retailing a general line of food, such as canned or f rozen foods,
fresh fruits and vegetables, and fresh and prepared meats, fish and
poultry;
29. “Hotel” or “motel” means an establishment which is licensed
to sell alcoholic beverages by the individual drink and which
contains guestroom guest room accommodations with respect to wh ich
the predominant relationship existing between the occupants thereof
and the owner or operator of the establishment is that of innkeeper
and guest. For purposes of this section, the existence of other
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legal relationships as between some occupants a nd the owner or
operator thereof shall be immaterial;
30. “Legal newspaper” means a newspaper meeting the requisites
of a newspaper for publication of legal notices as prescribed in
Sections 101 through 114 of Title 25 of the Oklahoma Statutes;
31. “Licensee” means any person holding a license under the
Oklahoma Alcoholic Beverage Control Act, and any agent, ser vant or
employee of such licensee while in the perf ormance of any act or
duty in connection with the licensed business or on the licensed
premises;
32. “Low-point beer” shall mean any beverages containing more
than one-half of one percent (1/2 of 1%) alcohol by volume, and not
more than three and two-tenths percent (3.2%) alcohol by weight,
including but not limited to, beer or cereal malt beverages ob tained
by the alcoholic fermentation of an infusion by barley or other
grain, malt or similar products;
33. “Manufacturer” means a distiller, winemaker, rec tifier or
bottler of any alcoholic beverage (other than beer) and its
subsidiaries, affiliates and parent companies;
34. “Manufacturer’s agent” means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of t he
manufacturer or nonresident seller in the this state;
35. “Meals” means foods commonly ordered at lunch or dinner and
at least part of which is cooked on the licensed premises and
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requires the use of dining implements for consumption. Provided,
that the service of onl y food such as appetizers, sandwiches, salads
or desserts shall not be considere d meals;
36. “Mini-bar” means a closed container, either refrigerated in
whole or in part, or nonrefrigerated unrefrigerated, and access to
the interior of which is:
a. restricted by means of a locking device which requires
the use of a key, magnetic card or similar device, or
b. controlled at all times by the licensee;
37. “Mixed beverage cooler” means any beverage, by whatever
name designated, consisting of an alcoholic beve rage and fruit or
vegetable juice, fruit or vegetable flavorings, dairy products or
carbonated water containing more than one-half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seve nty-five
(375) milliliters. Such term shall include but not be limited to
the beverage popularly known as a “wine cooler”;
38. “Mixed beverages” means one or more servings of a beverage
composed in whole or in part of an alcoholic beverage in a sealed or
unsealed container of any legal size for consumption on the premises
where served or sold by the holder of a mixed beverage, beer and
wine, caterer, public event, charitable event or special event
license;
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39. “Motion picture theater” means an establishment which is
licensed by Section 2-110 of this title to sell alcoholic beverages
by the individual drink and where motion pictures are exhibited, and
to which the general public is admitted;
40. “Nondesignated products” means the brands of wine or
spirits offered for sale by a manufacturer that have not been
assigned to a designated wholesaler;
41. “Nonresident seller” means any person licensed pursuant to
Section 2-135 of this title;
42. “Retail salesperson” means a salesperson soliciting orders
from and calling upon retail alcoholic beverage stores with regard
to his or her product;
43. “Occupation” as used in connection with “occupation tax”
means the sites occu pied as the places of business of the
manufacturers, brewers, wholesalers, beer distributors, r etailers,
mixed beverage licensees, on-premises beer and wine licensees,
bottle clubs, caterers, public event and special eve nt licensees;
44. “Original package” means any container of alcohol ic
beverage filled and stamped or sealed by the manufacture r or brewer;
45. “Package store” means any sole proprietor or partnership
that qualifies to sell wine, beer and/or spirits for off-premises
consumption and that is not a grocery store, convenienc e store or
drug store, or other retail outlet that is not permitted to sell
wine or beer for off-premises consumption;
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46. “Patron” means any person, customer or visitor who is not
employed by a licensee or who is not a licensee;
47. “Person” means an individual, any type of partnership,
corporation, association, limited liability company or any
individual involved in the legal structure of any such business
entity;
48. “Premises” means the grounds and all buildings and
appurtenances pertaining to the grounds including any adjacent
premises if under the direct or indirect control of the licensee and
the rooms and equipment under th e control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided, that the ABLE Commission shall have the
authority to designate areas to be excluded from the licensed
premises solely for the purpose of:
a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services of a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way li mit the licensee’s concurrent
responsibility for any viola tions of the Oklahoma Alcoholic Beverage
Control Act occurrin g on the licensed premises;
49. “Private event” means a social gather ing or event attended
by invited guests who share a common cause, membership, business or
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task and have a prior established relationship. For purposes of
this definition, advertisement for general public at tendance or
sales of tickets to the general publi c shall not constitute a
private event;
50. “Public event” means any event that can be attended by the
general public;
51. “Rectifier” means any person who rectifies, purifies or
refines spirits or wines by any process (other than by original and
continuous distillation, or original and continuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the product ion thereof is complete ), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
manufactures any spurious, imitation or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
52. “Regulation” or “rule” means a formal rule of general
application promulgated by the ABLE Commission as herein required;
53. “Restaurant” means an establishment that i s licensed to
sell alcoholic beverages by the individual drink for on-premises
consumption and where food is prepared and sold for immediate
consumption on the premises;
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54. “Retail container for spirits and wines” means an original
package of any capacity approved by the United States Bureau of
Alcohol, Tobacco, Firearms and Explosives;
55. “Retailer” means a package store, grocery store,
convenience store or drug store licensed to sell alcoholic beverages
for off-premises consumption purs uant to a Retail Spirits License
retail spirits license , Retail Wine License retail wine license or
Retail Beer License retail beer license;
56. “Sale” means any transfer, exchange or barter in any manner
or by any means whatsoever, and includes and means all sales made by
any person, whether as principal, proprieto r or as an agent, servant
or employee. The term sale is also declared to be and include the
use or consumption in this state of any alcoholic beverage obtained
within or imported from without this state, upon which the excise
tax levied by the Oklahoma Alcoholic Beverage Control Act has not
been paid or exempted;
57. “Seltzer” means any beverage containing more than one-half
of one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of malt, rice, grain of any kind, bran,
glucose, sugar, or molasses and combined with carbonated water and
other flavoring and labeled as “beer” by the Internal Revenue Code;
provided, that seltzer shall not include carbonated beverages mixed
with wine or spirits ;
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58. “Short-order food” means food other than full meals
including but not limited to s andwiches, soups and salads.
Provided, that popcorn, chips and other similar snack food shall not
be considered short-order food;
59. “Small brewer” means a brewer who manufactures less than
sixty-five thousand (65,000) barrels of beer annually pursuant to a
validly issued Small Brewer License small brewer license hereunder;
60. “Small farm wine” means a wine that is produced by a s mall
farm winery with seventy-five percent (75%) or more Oklahoma-grown
grapes, berries, other fruits, h oney or vegetables;
61. “Small farm winery” means a wine-making establishment that
does not annually produce for sale more than fifteen thousand
(15,000) gallons of wine as reported on the United States Department
of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
62. “Sparkling wine” means champagne or any ar tificially
carbonated wine;
63. “Special event” means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoholic beverages are sold;
64. “Spirits” means any beverage other than wine or beer, which
contains more than one-half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distillatio n, whether or not
mixed with other substances in solution and includes those products
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known as whiskey, brandy, rum, gin, vodka, liqueur s, cordials and
fortified wines and similar compounds, but shall not include any
alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
65. “Strong beer” means beer which, prior to October 1, 2018,
was distributed pursuant to the Oklahoma Alcoholic Beve rage Control
Act, Section 1-101 et seq. of this title;
66. “Successor brewer” means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires rights to
a beer or cider brand from a predecessor brewer;
67. “Tax Commission” means the Oklahoma Tax Commission;
68. “Territory” means a geographic region with a specified
boundary;
69. “Wine and spirits wholesaler ” or “wine and spirits
distributor” means and includes any sole proprietorship or
partnership licensed to distribute wine and spirits in the this
state. The term “wholesaler”, as used in the Oklahoma Alcoholic
Beverage Control Act, shall be construed to refer to a wine and
spirits wholesaler;
70. “Wine” means and includes any beverage containing more than
one-half of one percent (1/2 of 1%) alcohol by volume and not more
than twenty-four percent (24%) alcohol by volume at s ixty (60)
degrees Fahrenheit obtained by the fermen tation of the natural
contents of fruits, vegetables, honey, milk or other products
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containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese rice wine;
71. “Winemaker” means and includes any person o r establishment
who manufactures for human consumption any wine upon which a licen se
fee and a tax are imposed by any law of this state; and
72. “Satellite tasting room” means a licensed establishm ent
operated off the licensed premises of the holder of a s mall farm
winery or winemaker license, which serves wine for on-premises or
off-premises consumption; and
73. “Straw testing” means the consumption of a de minimis
amount of an alcoholic beverage by sanitary means by the holder of
an employee license, twenty-one (21) years of age or older, to
determine the quality or desired flavor profile of such alcoholic
beverage that has been service d, or is to be served, to a patron.
Words in the plural include the singular, and vice versa, and
words imparting the masculine gender include the feminine, as well
as persons and licensees as defined in this section.
SECTION 2. 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 spirit s from a wine and spirits
wholesaler;
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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 ma y be sold to charitable
organizations that are holders of charitable alcoholic bev erage
auction or charitable alcoholic beverage event l icenses; and
4. To host alcoholic beverage tastings consistent wi th
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 electe d to self-distribute as provided in Article
XXVIII-A of the Oklahoma Co nstitution;
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 ar e
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 li cense may sell wine with
alcohol beverage volume in excess of fifte en percent (15%).
C. A retail beer license shall authorize the holder thereof:
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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 on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auct ion or charitable
alcoholic beverage event licenses ; and
4. To host alcoholic beverage tastings consistent with
subsections D and E of this section .
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol bev erage volume in excess of fifteen per cent
(15%).
D. All tastings conducted under t his section shall:
1. Be conducted under the direct supervision of the licensee
authorized to host t he tasting;
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 for
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-
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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;
5. Be limited to no more than one (1) fluid ounce of spirits,
two (2) fluid ounces of 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 location 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 beverages 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 alcoho lic beverages are
unsealed at any given time; and
4. No person shall remove any samples fro m the licensed
premises or location where the tasting has occur red.
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F. 1. Retail spirits, retail wine, and retail beer license es
shall be authorized to host educational alcoholic beverage training,
which includes tastin gs, for employees who are licensed to sell such
beverages on the licensed premises in such containers to consumer s
for off-premises consumption onl y. Alcoholic beverages for training
purposes may be provided by wine and spirits wholesaler license es
and beer distributor licensees.
2. All such tastings shall be consumed on licensed premises of
the licensee authorized to host the tastings or at a location other
than the licensed premises, and under the direct supervision of the
licensee. Samples shall be poured by a licensee who is lawfully
permitted to serve alcoholic beverages on the licensed premises in
such containers to consumers for off -premises consumption only in
this state. Tastings shall be restricted to employees who are
twenty-one (21) years of age or older. Participation in tastings
for educational purposes may be requ ired by an employer; however,
the choice to taste or consume alcoholic beverages shall always be
voluntary. No employee may be required to taste or consume alcohol
at tastings as a condition of employm ent.
3. An educational tasti ng of beer may consist of not more than
six separate individual beers of not more than two (2) ounces each,
served together at one time. No employee may sample more than a
total of twelve (12) f luid ounces of beer per day. An educational
tasting of wine may consist of not more than six separate individual
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wines of not more than one (1) ounce each, served together at one
time. No employee may sample more than a total of six (6) fluid
ounces of wine per day. An educational tasting of spirits shall
consist of not more than three separate individual spirits of not
more than one-half (0.5) ounce each, served together at one time.
No employee may sample more than a total of one and one -half (1.5)
fluid ounces of spirits per day. No employee may sample more than a
total of twelve (12) ounces of beer, six (6) ounces of wine, or one
and one-half (1.5) ounces of spirits per day. Only one type of
alcoholic beverage of beer, wine, or spirits shall be allowed at any
education training tasting. No combination tasti ng shall be
allowed. Employees who choose to taste an alcoho lic beverage but do
not wish to consume the alcoholic beverage shall be allowed to spit
the beverage into a cup for disposal. Employees may participate in
educational tastings b efore, during, or after regular business hours
unless otherwise prohibited by law. All licensees serving samples
of beer shall ensure that all samples are poured only from original
sealed packaging and any alcoholic beverages remaining in unsealed
packaging used to provid e samples, excluding spirits and wine, are
poured out by the en d of the day. No more than six bottles of
alcoholic beverages may be unsealed at any given time during a
tasting. All packaging containing samples of wine and spirits shall
be clearly marked as a sample and any unused portions of the sample
of wine or spirits shall be resealed and retained by the wine and
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spirits wholesaler for use at the next tasti ng authorized in this
paragraph. Wine and spirits wholesaler employees may transport any
resealed samples of wine and spirits in their vehicles. Wine and
spirits samples shall not be considered withdrawn from the inventory
of the wine and spir its wholesaler for purposes of the collection of
the excise tax on wine and spirits. Tastings offered to licensees
by wine and spirits wholesalers and beer distributors shall not be
deemed discrimination or an inducement under Section 3 -123 of this
title.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 6 -105, as
amended by Section 2, Cha pter 82, O.S.L. 2022 (37A O.S. Supp. 2023,
Section 6-105), is amended to read as follows:
Section 6-105. No mixed beverage, public event, special event
or on-premises beer and wine licensee sha ll:
1. Purchase or receive any alcoholic bev erage other than from a
person holding a wine and spirit spirits wholesaler or beer
distributor license issued pur suant to the Oklahoma Alcoholic
Beverage Control Act ; provided, a mixed beverage or on-premises beer
and wine licensee whose premises are a restaurant may purchase wine
produced at wineries in this state directly from a winemaker as
provided in Section 2 of Article XXVIIIA XXVIII-A of the Oklahoma
Constitution;
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2. Transport alcoholic beverages from the place of purch ase to
the licensed premises unless the licensee also holds a private
carrier license issued by the ABLE Commission;
3. Use or allow the use of any ma rk or label on a container of
alcoholic beverage which is kept for sale which does not clearly and
precisely indicate the nature of the contents or wh ich might deceive
or conceal the nature, composition, quantity, age o r quality of such
beverage;
4. Keep or knowingly permit any alcoholic beverage to be kept,
brought, or consumed on the licensed premises which is not allowed
to be sold or served upon such premises; provided, that the
alcoholic beverage may be provided by a wine and spirits wholesaler,
beer distributor, brewer, small brewer, di stiller, winemaker, small
farm winery, rectifier, manufacturer, or nonresident seller licensee
and kept, brought, or consumed on the lic ensed premises for
educational training tasting purposes pursuant to Section 6-109 of
this title; or
5. Allow any person unde r twenty-one (21) years of age to enter
into, remain within or loi ter about the designated bar area of the
licensed premises, except for persons who incidentally pass thro ugh
the designated area.
The prohibition in this subsection against persons under twe nty-
one (21) years of age entering or remaining within the designa ted
bar area of the licensed premises shall not apply:
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a. if the licensed premises are closed to the publ ic
during a time the premises are legally permitted to be
open for business and the p remises are used for a
private party at which alcoholic beverages may be
served to persons twenty-one (21) years of age or
older. Any alcoholic beverages served at a priv ate
party on the licensed premises may be purchas ed from
the licensee at a negotiated price or purchased
privately and served at the private party on t he
licensed premises. Any licensee who desires to
conduct such a private party shall notify the ABLE
Commission, in writing, at least ten (10) calendar
days prior to the private party. The notification
shall include the date, time and purpose of the
private party and any other information the ABLE
Commission may deem necessary,
b. to a designated bar are a which is a concession stand
serving beer and wine, in addition to food and non -
alcoholic beverages, which concession stand is located
at, in, or on the premises of a sports, music or
entertainment venue, convention center, fairgrounds or
similar facility, or
c. to an employee of a beer distributor or wine and
spirits wholesaler who is at least eighteen (18) years
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of age and enters for the purpose of merchandising or
delivering product to the licensee in the normal
course of business.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 6 -109, is
amended to read as follows:
Section 6-109. No mixed beverage, beer and wine, bottle club,
caterer, charitable event, public event or special event licensee or
any employee, manager, operator or agent the reof shall:
1. Consume or be under the influence of al coholic beverages
during the hours he or she is on duty. For the purposes of this
section, licensees wi ll be deemed to be on duty from the time the
licensee first comes on duty until the time the licensee goes off
duty at the end of the shift incl uding any break periods permitted
by management. This paragraph shall not apply for purposes of
employee education train ing; provided, that:
a. all tastings are conducted on a licensed premises and
under the direct supervision of the licensee,
b. all samples shall be poured by a licensee who is
lawfully permitted to serve alcoholic beverages in
this state,
c. all tastings shall be restricted to employees who are
twenty-one (21) years of age or older ,
d. all participation in tastings for educational purpose s
may be required by an employer ; however, the choice to
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taste or consume alcoholic beverages shall always be
voluntary, and
e. no employee may be required to taste or consume
alcohol at tastings as a condition of employm ent.
An educational tasting of beer may consist of not more than six
separate individual beers of not more than two (2) ounces each,
served together at one ti me. No employee may sample more than a
total of twelve (12) fluid ounces of beer pe r day. An educational
tasting of wine may consis t of not more than six separate individual
wines of not more than one (1) ounce each, served together at one
time. No employee may sample m ore than a total of six (6) fluid
ounces of wine per day. An educational tasting of spirits shall
consist of not more than three separate individual spirits of not
more than one-half (0.5) ounce each, served together at one time.
No employee may sample more than a total of one and one -half (1.5)
fluid ounces of spirits per day. An education tasting of a mixed
beverage shall consist of not more than one individual mixed
beverage consisting of not more than twelve (12) ounces of beer, six
(6) ounces of wine, or one and one-half (1.5) ounces of spirits,
combined with an unlimited amount of ingredient s that are non-
alcoholic in nature, served at one time. No employee may sample
more than a total of twelve (12) ounces of beer, six (6) ounces of
wine, or one and one-half (1.5) ounces of spirits in a mixed
beverage per day. Only one type of alcoholic beverage , beer, wine,
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spirits, or mixed beverage shall be allowed at any educational
training tasting. No combination tasting shall be allowed.
Employees who choose to taste an alcoho lic beverage but do not wish
to consume the alcoholic beverage shall be a llowed to spit the
beverage into a cup for disposal. Employees may participate in
educational tastings before, during , or after regular busines s hours
unless otherwise prohibited by law. All licensees serving samples
of beer shall ensure that all samples are poured only from original
sealed packaging and any alcoholic beverages remaining in unsealed
packaging used to provide samples, excluding spirits and wine, are
poured out by the en d of the day. No more than six bottles of
alcoholic beverages may be unsealed at any given time during a
tasting. All packaging containing s amples of wine and spirits shall
be clearly marked as a sample and any unused portions of the sample
of wine or spirits shall be resealed and retained by the wine and
spirits wholesaler for use at the next tasting authorized in this
paragraph. Wine and spirits wholesaler employees may transport any
resealed samples of wine and spirits in their vehicles. Wine and
spirits samples shall not be considered withdrawn from the inventory
of the wine and spirits wholesaler for purposes of the collection of
the excise tax on wine and spirits. Straw testing during operating
hours shall be permitted. Tastings offered to licensees by wine and
spirits wholesalers and beer distributors shall not be deemed
discrimination or an inducement under Section 3 -123 of this title.
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This paragraph shall not apply to any person who works on the
premises as an entertain er only;
2. Permit or tolerate any conduct or language whi ch is intended
to threaten another with physical harm or any fighting or offe nsive
physical contact, in or upon the licensed premises or areas just
outside the licensed prem ises which are controlled by the licensee;
3. Permit empty or discarded alcoholic beverage containers to
be in public view outside th e licensed premises. All empty or
discarded containers sh all be disposed of in accordance with ABLE
Commission rules and regulations;
4. Permit any illegal gambling activity, violations of the
state narcotic and dangerous drug laws, pros titution activity or any
other criminal conduct to occur on the licensed premi ses;
5. Refuse or fail to promptly open a door to the licens ed
premises upon request of an employee of the ABLE Commission or any
other peace officer to enter the premises when the licensee or
employee knows or should know that such request is made by an
employee of the ABLE Commission or a peace officer. This pro vision
shall not be construed to deny employees of the ABLE Commission or
peace officers access at any time to any li censed premises;
6. Permit a sealed or uns ealed container of alcoholic bevera ge
to be removed from the licensed p remises. Provided, that
restaurants, hotels and motels may permit the removal of closed
original wine containers the contents of which have been partially
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consumed and bottle clubs may permit the removal by a club me mber of
closed original containers of alcoholic beverages belong ing to
members. The provisions of this paragraph shall not be construed to
prohibit or restrict:
a. hotels or motels who are holders of mixed beverage or
on-premises beer and wine licenses from allowing
alcoholic beverages to be s erved away from the bar
area anywhere on the licensed premises,
b. licensees, who are lawfully operating in a facility or
on property owned or operated by any agency, political
subdivision or public trust of this stat e, from
allowing persons to transport alcoholic beverages from
one licensed premises to another within the same
building or property, provided that the building or
property or a part thereof is defined as a common
drinking area for consumption of alcohol by r esolution
of the governing body of t he agency, political
subdivision or public trust of this state, or
c. licensees, who are licensed to operate in a facility
or on property owned or operated by any agency,
political subdivision or public trust of this state,
from allowing other licensees to operate on their
licensed premises for events th at are temporary in
nature. In the event that multipl e licensees are
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operating in a facility or on property owned or
operated by any agency, political subdivision or
public trust of this state, each license e shall be
responsible for violations occurring in their area
designated to be their temporary licensed premises ;,
or
d. licensees, who are lawfully operating in a facility or
property intended for multiple licensed p remises
within the facility and which also contains a common
use area, from allowing persons to transport alcoholic
beverages within the entir e premises, which shall be
designated by the ABLE Commission as a common drinking
area for the consumption of alcoholic bev erages.
Provided, further, the property owner and all
licensees licensed within the facility or propert y
desiring the entire premises be designated a com mon
drinking area shall notify the ABLE C ommission in
writing of their consent prior to such area being
designated a common drinking area; or
7. Destroy, damage, alte r, remove or conceal potential
evidence, or attempt to do so, or ref use to surrender evidence when
lawfully requested to do so by an inspector, agent or any other
peace officer or incite anot her person to do any of the above.
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SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE O N BUSINESS AND COMMERCE
February 26, 2024 - DO PASS AS AMENDED BY CS