| 44 | | - | small farm winery licenses; allowing certain license |
|---|
| 45 | | - | holders to host off-site events under cer tain |
|---|
| 46 | | - | conditions; defining term; authorizing the ABLE |
|---|
| 47 | | - | Commission to permit certain license holders to host |
|---|
| 48 | | - | off-site events following application; requiring |
|---|
| 49 | | - | licensees to sell only the products covered by |
|---|
| 50 | | - | licenses; providing details of application; allowing |
|---|
| 51 | | - | Commission to assess fee; updating statutory language |
|---|
| 52 | | - | and reference; repealing 37A O.S. 2021, Section 2- |
|---|
| 53 | | - | 102, as amended by Section 1, Chapter 226, O.S.L. |
|---|
| 54 | | - | 2019, which relates to brewer license; providing for |
|---|
| 55 | | - | codification; and declaring an emergency. |
|---|
| 53 | + | small farm winery licenses; defining term; |
|---|
| 54 | + | authorizing the ABLE Commission to permit certain |
|---|
| 55 | + | license holders to host off-site events following |
|---|
| 56 | + | application; requiring licensees to sell only the |
|---|
| 57 | + | products covered by licenses; providing details of |
|---|
| 58 | + | application; allowing Commission to assess fee; |
|---|
| 59 | + | updating statutory language and reference; repealing |
|---|
| 60 | + | 37A O.S. 2021, Section 2-102, as amended by Section |
|---|
| 61 | + | 1, Chapter 226, O.S.L. 2019 , which relates to brewer |
|---|
| 62 | + | license; providing for codification; and declaring an |
|---|
| 63 | + | emergency. |
|---|
| 101 | | - | BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA: |
|---|
| 102 | | - | SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -129, is |
|---|
| 103 | | - | amended to read as follows: |
|---|
| 104 | | - | Section 2-129. A. A charitable auction or cha ritable alcoholic |
|---|
| 105 | | - | beverage event license may be issued to a charitable organization |
|---|
| 106 | | - | exempt from taxation under Section 501(c)(3), (4), (5), (6), (7), |
|---|
| 107 | | - | (8), (9), (10) or (19) of th e United States Internal Revenue Code. |
|---|
| 108 | | - | The charitable alcoholic beverage even t license shall authorize the |
|---|
| 109 | | - | holder thereof to conduct a wine, spirit and/or beer event which may |
|---|
| 110 | | - | consist of one or more of a wine, spirit and/ or beer-tasting event, |
|---|
| 111 | | - | a wine, spirit and/or beer dinner event or a wine, spirit and/or |
|---|
| 112 | | - | beer auction, which may be either a live auction conducted by an |
|---|
| 113 | | - | auctioneer or a silent auction for which: |
|---|
| 114 | | - | 1. Bid sheets are accepted from interested bidders at the |
|---|
| 115 | | - | event; |
|---|
| 116 | | - | 2. The holders of tickets ar e allowed to bid online for a |
|---|
| 117 | | - | period not exceeding thirty (30) days prior to t he event; or |
|---|
| 118 | | - | 3. Both bid sheets a re accepted at the event and online bids |
|---|
| 119 | | - | are accepted pursuant to paragraph 2 of this subsection. |
|---|
| 120 | | - | B. A charitable alcoholic beverage event shal l be conducted |
|---|
| 121 | | - | solely to raise funds for charitable purposes. A charitable |
|---|
| 122 | | - | alcoholic beverage license shall all ow the event attendees access to |
|---|
| 123 | | - | tastings, samples, di nners and alcoholic beverages as parts of their |
|---|
| 124 | | - | entrance fee or ticket price. Wine, spiri ts and/or beer used in, |
|---|
| 100 | + | Section 2-102. A. A brewer license shall authorize the holder |
|---|
| 101 | + | thereof: |
|---|
| 102 | + | 1. To manufacture, bottle, package and store beer and cider on |
|---|
| 103 | + | the licensed premises; and |
|---|
| 104 | + | 2. To sell beer and cider in this state to holders of beer |
|---|
| 105 | + | distributor licenses and to sell beer and cider out of this state to |
|---|
| 106 | + | qualified persons. |
|---|
| 107 | + | B. A small brewer license shall authorize the holder thereof: |
|---|
| 108 | + | 1. To manufacture, bottle, package and store beer and cider |
|---|
| 109 | + | produced by the licensee on lice nsed premises; |
|---|
| 110 | + | 2. To sell beer and cider in this state to holders of beer |
|---|
| 111 | + | distributor licenses and retail licenses or to sell beer and cider |
|---|
| 112 | + | out of this state to quali fied persons; |
|---|
| 113 | + | 3. To serve free samples of beer and cider produced by the |
|---|
| 114 | + | licensee to visitors twenty-one (21) years of age or older; |
|---|
| 115 | + | 4. To sell beer and cider produced by the licensee for either |
|---|
| 116 | + | on-premises or off-premises consumption to consumers on the brewery |
|---|
| 117 | + | premises, or on premises located contiguou s thereto; |
|---|
| 118 | + | 5. To sell beer and cider at public events such as attended by |
|---|
| 119 | + | the public including, but not limited to, trade shows or, festivals, |
|---|
| 120 | + | farmers markets, boat shows, RV shows, home and garden shows, fairs, |
|---|
| 121 | + | car shows, swap meets, city events, county events, or state events |
|---|
| 122 | + | for either on-premises or off-premises consumption, regardless of |
|---|
| 123 | + | whether such events are held at premises covered by a license to |
|---|
| 151 | | - | served or consumed at a charitable alcoholic beverage event may be |
|---|
| 152 | | - | purchased by the char itable organization or donated by any person or |
|---|
| 153 | | - | entity. |
|---|
| 154 | | - | C. The charitable alcoholic beverage event license sh all be |
|---|
| 155 | | - | issued for a period not exc eeding four (4) days. Only eight such |
|---|
| 156 | | - | licenses may be issued to an organizati on in any twelve-month |
|---|
| 157 | | - | period; however, institutions of higher education in this s tate |
|---|
| 158 | | - | shall not be restricted to the maximum number of event licenses |
|---|
| 159 | | - | issued in any twelve -month period pursuant to this subsection . The |
|---|
| 160 | | - | charitable organization holding a charitable alcoholic beverage |
|---|
| 161 | | - | event license shall not be required to obtai n a special event |
|---|
| 162 | | - | license. |
|---|
| 163 | | - | D. Charitable auction and charitable alcoholic beverage event |
|---|
| 164 | | - | license holders may also utilize a licensed caterer to provide |
|---|
| 165 | | - | additional alcohol service s at the event and on the premises. |
|---|
| 166 | | - | E. The charitable auction license shall authorize the holder |
|---|
| 167 | | - | thereof to auction wine, spirits and/or beer purchased from a retail |
|---|
| 168 | | - | package store or received as a gift from an individual if the |
|---|
| 169 | | - | auction is conducted to rai se funds for charitable purposes. The |
|---|
| 170 | | - | charitable auction license shall be is sued for a period not to |
|---|
| 171 | | - | exceed two (2) days. Only four such licenses shall be issued to an |
|---|
| 172 | | - | organization in any twelve-month period. The maximum amount of |
|---|
| 173 | | - | wine, spirits and/or b eer auctioned pursuant to the charitable |
|---|
| 174 | | - | auction license shall not exceed fif ty (50) gallons. All wines, |
|---|
| 151 | + | sell, serve, or store alcoholic beverages. A small brewer license |
|---|
| 152 | + | holder shall not be required to secure or control the premises of an |
|---|
| 153 | + | event attended by the public where the small brewer lice nse holder |
|---|
| 154 | + | sells beer or cider; |
|---|
| 155 | + | 6. To purchase wine in retail containers from the holder of a |
|---|
| 156 | + | wholesaler license or as specifically provided by law; and |
|---|
| 157 | + | 7. To sell, offer for sale and possess wine for on -premises |
|---|
| 158 | + | consumption; |
|---|
| 159 | + | 8. To host off-site events pursuant to Section 5 of this act; |
|---|
| 160 | + | and |
|---|
| 161 | + | 9. To purchase from licensed brewers, small brewe rs, and |
|---|
| 162 | + | brewpubs in this state, and to import beer into this state for u se |
|---|
| 163 | + | in manufacturing in accordance with federal laws and regulations. |
|---|
| 164 | + | C. The holder of multiple small brewer licenses may sell beer |
|---|
| 165 | + | and cider produced at up to three breweries for which the licensee |
|---|
| 166 | + | has a license, at any other of such three licensed breweries or on |
|---|
| 167 | + | premises located cont iguous thereto. |
|---|
| 168 | + | D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall |
|---|
| 169 | + | prohibit the holder of a small brewer license from also holding or |
|---|
| 170 | + | owning an interest in the holder of a brewpub license. |
|---|
| 171 | + | E. For purposes of this section, no visitor may samp le more |
|---|
| 172 | + | than a total of twelve (12) fluid ounces of beer and cider per day. |
|---|
| 173 | + | The brewer must restrict the distribution and consumption of beer |
|---|
| 174 | + | and cider samples to an area within the licensed premises designated |
|---|
| 201 | | - | beer and spirits auctioned pursuant to the charitable auction |
|---|
| 202 | | - | license shall be registered and all fees and taxes shall be paid in |
|---|
| 203 | | - | accordance with the Oklahoma Alcoholic Beverage Control Act. |
|---|
| 204 | | - | F. No charitable alcoholic beverage event license shall be |
|---|
| 205 | | - | required for an organization, association or nonprofit corporation |
|---|
| 206 | | - | which is an economic development chamber or similar entity, provided |
|---|
| 207 | | - | the event is not conducted primarily for fundraising purpos es, and |
|---|
| 208 | | - | provided the services of a li censed caterer are used to provide and |
|---|
| 209 | | - | distribute the alcoholic beverages at the event. |
|---|
| 210 | | - | SECTION 2. It being immediately necessary for the preservation |
|---|
| 211 | | - | of the public peace, health or safety, an emergency is hereby |
|---|
| 212 | | - | declared to exist, by reason whereof this act shall take effect and |
|---|
| 213 | | - | be in full force from and after its passage an d approval." |
|---|
| 214 | | - | Passed the House of Representatives the 25th day of April, 2024. |
|---|
| 202 | + | by the brewer as defined in this subsection. A current floor plan |
|---|
| 203 | + | that includes the designated sampling serving area must be on file |
|---|
| 204 | + | with the ABLE Commission. No visitor under twe nty-one (21) years of |
|---|
| 205 | + | age shall be permitted to enter this designated sampling serving |
|---|
| 206 | + | area when samples are being distributed or consumed. Accompanied |
|---|
| 207 | + | visitors under twent y-one (21) years of age shall be allowed |
|---|
| 208 | + | anywhere on the premises except for a serving area. Samples of beer |
|---|
| 209 | + | and cider served by a brewery under this section shal l not be |
|---|
| 210 | + | considered a sale of beer and cider within the meaning of Article |
|---|
| 211 | + | XXVIII-A of the Oklahoma Constitution or Section 1-103 of this |
|---|
| 212 | + | title; however, such samples of beer and cider shall be considered |
|---|
| 213 | + | beer and cider removed or withdrawn from the brewery for use or |
|---|
| 214 | + | consumption within the meaning of Section 5-110 of this title for |
|---|
| 215 | + | excise tax determination and reporting requirements. Sales and |
|---|
| 216 | + | sampling may only occur between the hours of 10:00 a.m. and 2:00 |
|---|
| 217 | + | a.m. For purposes of this subsection, “serving area” means the area |
|---|
| 218 | + | of the bar where drinks are sold, prepared, and served to paying |
|---|
| 219 | + | customers and shall not include other areas of the brewery where |
|---|
| 220 | + | customers consume purchased products. |
|---|
| 221 | + | F. A small brewer self-distribution license shall authorize |
|---|
| 222 | + | holders of a small brewer license to distribute beer and cider |
|---|
| 223 | + | produced only by such licensee to a holder of a retail beer license, |
|---|
| 224 | + | retail spirits license, mixed beverage license, beer and wine |
|---|
| 225 | + | license, caterer’s license, special event license, public event |
|---|
| 258 | | - | ENGROSSED SENATE |
|---|
| 259 | | - | BILL NO. 8 By: Garvin of the Senate |
|---|
| 253 | + | license, winemaker license, charitable auction license or brewpub |
|---|
| 254 | + | license. A small brewer shall ele ct whether it will distribute |
|---|
| 255 | + | through a distributor or self-distribute in a subject territory; |
|---|
| 256 | + | however, a small brewer may not elect to do both simultaneously in a |
|---|
| 257 | + | subject territory. The electio n shall be made through notice to the |
|---|
| 258 | + | ABLE Commission. Any c hanges to the election shall require |
|---|
| 259 | + | immediate notification to the ABLE Commission before the ch ange in |
|---|
| 260 | + | election will take effect. A small brewer that elects to self - |
|---|
| 261 | + | distribute in multiple terri tories shall only be required to have |
|---|
| 262 | + | one small brewer self-distribution license. |
|---|
| 263 | + | G. All manufacturer’s licenses held by brewers during the first |
|---|
| 264 | + | calendar year beginning October 1, 2018, shall automatically convert |
|---|
| 265 | + | to brewer licenses and be deemed effecti ve as of the date of the |
|---|
| 266 | + | first issuance of the manufacturer’s license. Upon the first |
|---|
| 267 | + | renewal of the license, the brewer will need to obtain the |
|---|
| 268 | + | appropriate brewer’s license. If a brewer elects to market wine and |
|---|
| 269 | + | spirits, the brewer will also be required to obtain a manufacturer’s |
|---|
| 270 | + | license and comply with the rules and regulations for both licenses. |
|---|
| 271 | + | SECTION 2. AMENDATORY 37A O.S. 202 1, Section 2-103, is |
|---|
| 272 | + | amended to read as follows: |
|---|
| 273 | + | Section 2-103. A. A distiller license shall authorize the |
|---|
| 274 | + | holder thereof: |
|---|
| 275 | + | 1. To manufacture, bottle, package and store spirits on |
|---|
| 276 | + | licensed premises; |
|---|
| 261 | | - | and |
|---|
| 262 | | - | |
|---|
| 263 | | - | Marti of the House |
|---|
| 264 | | - | |
|---|
| 265 | | - | |
|---|
| 266 | | - | |
|---|
| 267 | | - | |
|---|
| 268 | | - | An Act relating to alcoholic beverages; amending 37A |
|---|
| 269 | | - | O.S. 2021, Sections 2-102, as amended by Section 1, |
|---|
| 270 | | - | Chapter 396, O.S.L. 2021, 2-103, 2-104, and 2-131, |
|---|
| 271 | | - | which relate to brewer, winemaker, distillery, and |
|---|
| 272 | | - | small farm winery licenses; allowing certain license |
|---|
| 273 | | - | holders to host off-site events under cer tain |
|---|
| 274 | | - | conditions; defining term; authorizing the ABLE |
|---|
| 275 | | - | Commission to permit certain license holders to host |
|---|
| 276 | | - | off-site events following application; requiring |
|---|
| 277 | | - | licensees to sell only the products covered by |
|---|
| 278 | | - | licenses; providing details of application; allowing |
|---|
| 279 | | - | Commission to assess fee; updating statutory language |
|---|
| 280 | | - | and reference; repealing 37A O.S. 2021, Section 2- |
|---|
| 281 | | - | 102, as amended by Section 1, Chapter 226, O.S.L. |
|---|
| 282 | | - | 2019, which relates to brewer license; providing for |
|---|
| 283 | | - | codification; and declaring an emergency. |
|---|
| 284 | | - | |
|---|
| 285 | | - | |
|---|
| 286 | | - | |
|---|
| 287 | | - | |
|---|
| 288 | | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
|---|
| 289 | | - | SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-102, as |
|---|
| 290 | | - | amended by Section 1, Chapter 396, O .S.L. 2021, is amended to read |
|---|
| 291 | | - | as follows: |
|---|
| 292 | | - | Section 2-102. A. A brewer license shall authorize the holder |
|---|
| 293 | | - | thereof: |
|---|
| 294 | | - | 1. To manufacture, bottle, package and store beer and cider on |
|---|
| 295 | | - | the licensed premises; and |
|---|
| 296 | | - | |
|---|
| 297 | | - | ENGR. S. B. NO. 8 Page 2 1 |
|---|
| 278 | + | SB8 HFLR Page 6 |
|---|
| 279 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 322 | | - | 2. To sell beer and cider in this state to holders of beer |
|---|
| 323 | | - | distributor licenses and to sell beer and cid er out of this state to |
|---|
| 324 | | - | qualified persons; and |
|---|
| 325 | | - | 3. To host off-site events pursuant to Section 5 of this act. |
|---|
| 326 | | - | B. A small brewer license shall authorize the holder thereof: |
|---|
| 327 | | - | 1. To manufacture, bottle, package and store beer and cider |
|---|
| 328 | | - | produced by the licensee on lice nsed premises; |
|---|
| 329 | | - | 2. To sell beer and cider in this state to holders of beer |
|---|
| 330 | | - | distributor licenses and retail licenses or to sell beer and cider |
|---|
| 331 | | - | out of this state to qualified perso ns; |
|---|
| 332 | | - | 3. To serve free samples of beer and cider produced by the |
|---|
| 333 | | - | licensee to visitors twenty-one (21) years of age or older; |
|---|
| 334 | | - | 4. To sell beer and cider produced by the licensee for either |
|---|
| 335 | | - | on-premises or off-premises consumption to consumers on the brewery |
|---|
| 336 | | - | premises, or on premises located contiguou s thereto; |
|---|
| 337 | | - | 5. To sell beer and cider at public events such as attended by |
|---|
| 338 | | - | the public including, but not limited to, trade shows or, festivals, |
|---|
| 339 | | - | farmers markets, boat shows, RV shows, home and garden shows, fairs, |
|---|
| 340 | | - | car shows, swap meets, city events, county events, or state events |
|---|
| 341 | | - | for either on-premises or off-premises consumption, regardless of |
|---|
| 342 | | - | whether such events are held at premises covered by a license to |
|---|
| 343 | | - | sell, serve, or store alcoholic beverages. A small brewer license |
|---|
| 344 | | - | holder shall not be required to secure or control the premises of an |
|---|
| 304 | + | 2. To sell spirits in this state to licensed wholesale rs and |
|---|
| 305 | + | manufacturers only; |
|---|
| 306 | + | 3. To sell spirits out of this state to qualified perso ns; to |
|---|
| 307 | + | purchase from licensed distillers and rectifiers in this state, and |
|---|
| 308 | + | import spirits from without this state for manufacturing purposes in |
|---|
| 309 | + | accordance with federal laws and regulations; |
|---|
| 310 | + | 4. To serve free samples of spirits produced only by the |
|---|
| 311 | + | licensee to visitors twenty-one (21) years of age and older. For |
|---|
| 312 | + | purposes of this section, no visitor may sample more than a total of |
|---|
| 313 | + | three (3) fluid ounces of spirits per day. Th e distiller shall |
|---|
| 314 | + | restrict the distribution and consumption of spirits samples to a n |
|---|
| 315 | + | area within the licensed premises designated by the distiller. A |
|---|
| 316 | + | current floor plan that includes the designated sampling area shall |
|---|
| 317 | + | be on file with the ABLE Commission. No visitor under twenty-one |
|---|
| 318 | + | (21) years of age shall be permitted to enter the desi gnated |
|---|
| 319 | + | sampling area when samples are being distributed and consumed. |
|---|
| 320 | + | Samples of spirits served by a distiller under this section shall |
|---|
| 321 | + | not be considered a sale of spirits within the meaning of Article |
|---|
| 322 | + | XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this |
|---|
| 323 | + | title; provided, such samples of spirits shall be considered removed |
|---|
| 324 | + | or withdrawn from the distillery for use or consumption within the |
|---|
| 325 | + | meaning of Section 5 -110 of this title for excise tax determination |
|---|
| 326 | + | and reporting requirements; |
|---|
| 371 | | - | event attended by the public where the small brewer license holder |
|---|
| 372 | | - | sells beer or cider; |
|---|
| 373 | | - | 6. To purchase wine in retail containers from the holder of a |
|---|
| 374 | | - | wholesaler license or as specifically provided by law; and |
|---|
| 375 | | - | 7. To sell, offer for sale and possess wine for on -premises |
|---|
| 376 | | - | consumption; and |
|---|
| 377 | | - | 8. To host off-site events pursuant to Section 5 of this act. |
|---|
| 378 | | - | C. The holder of multiple small brewer licenses may sell beer |
|---|
| 379 | | - | and cider produced at up to three breweries for which the lice nsee |
|---|
| 380 | | - | has a license, at any other of such three licensed breweries or on |
|---|
| 381 | | - | premises located contiguous thereto. |
|---|
| 382 | | - | D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall |
|---|
| 383 | | - | prohibit the holder of a small brewer license from also holding or |
|---|
| 384 | | - | owning an interest in the holder of a brewpub license. |
|---|
| 385 | | - | E. For purposes of this section, no visitor ma y sample more |
|---|
| 386 | | - | than a total of twelve (12) fluid ounces of beer and cider per day. |
|---|
| 387 | | - | The brewer must restrict the distribution and consumption of beer |
|---|
| 388 | | - | and cider samples to an area within the licensed premises designated |
|---|
| 389 | | - | by the brewer as defined in this subsection. A current floor plan |
|---|
| 390 | | - | that includes the designated sampling serving area must be on file |
|---|
| 391 | | - | with the ABLE Commission. No visitor under twe nty-one (21) years of |
|---|
| 392 | | - | age shall be permitted to enter this designated sampling serving |
|---|
| 393 | | - | area when samples are being distributed or consumed. Accompanied |
|---|
| 394 | | - | visitors under twent y-one (21) years of age shall be allowed |
|---|
| 354 | + | 5. To sell spirits produced by the licensee for either on- |
|---|
| 355 | + | premises or off-premises consumption to consumers on the licensed |
|---|
| 356 | + | distillery premises or in an area controlled by the licensee l ocated |
|---|
| 357 | + | contiguous to the licensed distillery premises. Product offered for |
|---|
| 358 | + | sale by the Oklahoma licensed distiller will have been sold to and |
|---|
| 359 | + | shipped to an Oklahoma licensed wine and spirits wholesaler and then |
|---|
| 360 | + | made available for purchase by the Oklahoma licensed distiller for |
|---|
| 361 | + | sale; and |
|---|
| 362 | + | 6. To sell spirits at public events such as trade shows or |
|---|
| 363 | + | festivals. Products offered for sale by the Oklahoma licensed |
|---|
| 364 | + | distiller will have been sold to and shipped to an Oklahoma licensed |
|---|
| 365 | + | wine and spirits wholesaler and then made available for purchase by |
|---|
| 366 | + | the Oklahoma licensed distiller ; and |
|---|
| 367 | + | 7. To host off-site events pursuant to Section 5 of this act; |
|---|
| 368 | + | provided, that products offered for sale by the Oklahoma licensed |
|---|
| 369 | + | distiller will have been sold to and shi pped to an Oklahoma licensed |
|---|
| 370 | + | wine and spirits wholesaler and then made available for purchase by |
|---|
| 371 | + | the Oklahoma licensed distiller. |
|---|
| 372 | + | B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A |
|---|
| 373 | + | of this section shall not exceed fifteen thousand (15,000) gallons |
|---|
| 374 | + | per calendar year in combination. |
|---|
| 375 | + | SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-104, is |
|---|
| 376 | + | amended to read as follows: |
|---|
| 421 | | - | anywhere on the premises except for a serving area. Samples of beer |
|---|
| 422 | | - | and cider served by a brewery under this section shal l not be |
|---|
| 423 | | - | considered a sale of beer and cider within the meaning of Article |
|---|
| 424 | | - | XXVIII-A of the Oklahoma Constitution or Section 1-103 of this |
|---|
| 425 | | - | title; however, such samples of beer and cider shall be considered |
|---|
| 426 | | - | beer and cider removed or withdrawn from the brewery for use or |
|---|
| 427 | | - | consumption within the meaning of Section 5-110 of this title for |
|---|
| 428 | | - | excise tax determination and reporting requirements. Sales and |
|---|
| 429 | | - | sampling may only occur between the hours of 10:00 a.m. and 2:00 |
|---|
| 430 | | - | a.m. For purposes of this subsection, “serving area” means the area |
|---|
| 431 | | - | of the bar where drinks are sold, prepared, and served to paying |
|---|
| 432 | | - | customers and shall not include other areas of the brewery where |
|---|
| 433 | | - | customers consume purchased products. |
|---|
| 434 | | - | F. A small brewer self-distribution license shall authorize |
|---|
| 435 | | - | holders of a small brewer license to distribute beer and cider |
|---|
| 436 | | - | produced only by such licensee to a holder of a retail beer license, |
|---|
| 437 | | - | retail spirits license, mixed beverage license, beer and wine |
|---|
| 438 | | - | license, caterer’s license, special event license, public event |
|---|
| 439 | | - | license, winemaker license, charitable auction license or brewpub |
|---|
| 440 | | - | license. A small brewer shall ele ct whether it will distribute |
|---|
| 441 | | - | through a distributor or self-distribute in a subject territory; |
|---|
| 442 | | - | however, a small brewer may not elect to do both simultaneously in a |
|---|
| 443 | | - | subject territory. The elect ion shall be made through notice to the |
|---|
| 444 | | - | ABLE Commission. Any c hanges to the election shall require |
|---|
| 404 | + | Section 2-104. A winemaker license shall authorize the holder |
|---|
| 405 | + | thereof: |
|---|
| 406 | + | 1. To manufacture (including such mixing, blendi ng and cellar |
|---|
| 407 | + | treatment as authorized by federal law), bottle, package and store |
|---|
| 408 | + | on licensed premises wine containing not more than twenty-four |
|---|
| 409 | + | percent (24%) alcohol by volume,; provided, the bottle or package |
|---|
| 410 | + | sizes authorized shall be limited to the capac ities approved by the |
|---|
| 411 | + | United States Alcohol and Tobacco Tax and Trade Bureau; |
|---|
| 412 | + | 2. To sell wine in this state to licensed wholesalers and |
|---|
| 413 | + | manufacturers; |
|---|
| 414 | + | 3. To sell wine produced at the winery from grapes and other |
|---|
| 415 | + | fruits and berries grown in this state, if available, for either on- |
|---|
| 416 | + | premises or off-premises consumption to consumers on the pr emises of |
|---|
| 417 | + | the winery; |
|---|
| 418 | + | 4. To serve free samples of wine produced at the winery to |
|---|
| 419 | + | visitors twenty-one (21) years of age and older. For purposes of |
|---|
| 420 | + | this section, no visito r may sample more than a total of six (6) |
|---|
| 421 | + | fluid ounces of wine per day. The winery s hall restrict the |
|---|
| 422 | + | distribution and consumption of wine samples to an area within the |
|---|
| 423 | + | licensed premises designated by the winery. A current floor plan |
|---|
| 424 | + | that includes the de signated sampling area shall be on file with the |
|---|
| 425 | + | ABLE Commission. No visitor under t wenty-one (21) years of age |
|---|
| 426 | + | shall be permitted to enter the designated sampling area when |
|---|
| 427 | + | samples are being distributed and consumed. Samples of wine served |
|---|
| 471 | | - | immediate notification to the ABLE Commission before the ch ange in |
|---|
| 472 | | - | election will take effect. A sm all brewer that elects to self - |
|---|
| 473 | | - | distribute in multiple ter ritories shall only be required to have |
|---|
| 474 | | - | one small brewer self-distribution license. |
|---|
| 475 | | - | G. All manufacturer’s licenses held by brewers during the first |
|---|
| 476 | | - | calendar year beginning October 1, 2018, shall aut omatically convert |
|---|
| 477 | | - | to brewer licenses and be deemed effec tive as of the date of the |
|---|
| 478 | | - | first issuance of the manufacturer’s license. Upon the first |
|---|
| 479 | | - | renewal of the license, the brewer will need to obtain the |
|---|
| 480 | | - | appropriate brewer’s license. If a brewer elects t o market wine and |
|---|
| 481 | | - | spirits, the brewer will also be requir ed to obtain a manufacturer’s |
|---|
| 482 | | - | license and comply with the rules and regulations for both licenses. |
|---|
| 483 | | - | SECTION 4. AMENDATORY 37A O.S. 2021, Section 2 -103, is |
|---|
| 484 | | - | amended to read as follows: |
|---|
| 485 | | - | Section 2-103. A. A distiller license shall authorize the |
|---|
| 486 | | - | holder thereof: |
|---|
| 487 | | - | 1. To manufacture, bottle, package and store spirits on |
|---|
| 488 | | - | licensed premises; |
|---|
| 489 | | - | 2. To sell spirits in this state to licensed wholesaler s and |
|---|
| 490 | | - | manufacturers only; |
|---|
| 491 | | - | 3. To sell spirits out of this state to qualified perso ns; to |
|---|
| 492 | | - | purchase from licensed distillers and rectifiers in this state, and |
|---|
| 493 | | - | import spirits from without this state for manufacturing purposes in |
|---|
| 494 | | - | accordance with federal laws a nd regulations; |
|---|
| 455 | + | by a winery under this section shall not be considered a sale of |
|---|
| 456 | + | wine within the meaning of Articl e XXVIII-A of the Oklahoma |
|---|
| 457 | + | Constitution or Section 1-103 of this title; provided, such samples |
|---|
| 458 | + | of wine shall be considered removed or withdrawn from the winery for |
|---|
| 459 | + | use or consumption within the meaning of Section 5-110 of this title |
|---|
| 460 | + | for excise tax determin ation and reporting requirements; |
|---|
| 461 | + | 5. To serve free samples of wine produced at the winery at |
|---|
| 462 | + | public events such as festivals and trade shows; |
|---|
| 463 | + | 6. To sell wine produced at the winery, for either on-premises |
|---|
| 464 | + | or off-premises consumption at public events such as festivals and |
|---|
| 465 | + | trade shows; |
|---|
| 466 | + | 7. To sell wine out of this state to qualified persons; |
|---|
| 467 | + | 8. To purchase from licensed winemakers, distillers and |
|---|
| 468 | + | rectifiers in this state, and to import into this state wine, brandy |
|---|
| 469 | + | and fruit spirits for use in manufacturing in accordance with |
|---|
| 470 | + | federal laws and regulations; |
|---|
| 471 | + | 9. To sell and serve Oklahoma-manufactured wine, mulled wine, |
|---|
| 472 | + | or spiced wine, mixed with nonalcoholic beverages or food items such |
|---|
| 473 | + | as water, sugar, fruits and vegetables, at any temperature for |
|---|
| 474 | + | either on-premises or off-premises consumption; |
|---|
| 475 | + | 10. To purchase beer in retail containers from the holder of a |
|---|
| 476 | + | wholesaler, beer distributor, small brewer self-distributor or |
|---|
| 477 | + | brewpub self-distributor license or as specifically provided by law; |
|---|
| 521 | | - | 4. To serve free samples of spirits produced only by the |
|---|
| 522 | | - | licensee to visitors twenty-one (21) years of age and older. For |
|---|
| 523 | | - | purposes of this section, no visitor may sample more than a total of |
|---|
| 524 | | - | three (3) fluid ounces of spirits per day. The distiller shall |
|---|
| 525 | | - | restrict the distribution and consumption of spirits samples to a n |
|---|
| 526 | | - | area within the licensed premises designated by the distiller. A |
|---|
| 527 | | - | current floor plan that includes the designated sampling area shall |
|---|
| 528 | | - | be on file with the ABLE Commission. No visitor under twenty-one |
|---|
| 529 | | - | (21) years of age shall be permitted to enter the desi gnated |
|---|
| 530 | | - | sampling area when samples are being distributed and consumed. |
|---|
| 531 | | - | Samples of spirits served by a distiller under this section shall |
|---|
| 532 | | - | not be considered a sale of spirits w ithin the meaning of Article |
|---|
| 533 | | - | XXVIII-A of the Oklahoma Constitution or Section 1 -103 of this |
|---|
| 534 | | - | title; provided, such samples of spirits shall be considered removed |
|---|
| 535 | | - | or withdrawn from the distillery for use or consumption within the |
|---|
| 536 | | - | meaning of Section 5 -110 of this title for excise tax determination |
|---|
| 537 | | - | and reporting requirements; |
|---|
| 538 | | - | 5. To sell spirits produced by the licensee for either on- |
|---|
| 539 | | - | premises or off-premises consumption to consumers on the licensed |
|---|
| 540 | | - | distillery premises or in an area controlled by the licensee lo cated |
|---|
| 541 | | - | contiguous to the licensed distillery premises. Product offered for |
|---|
| 542 | | - | sale by the Oklahoma licensed distiller will have been sold to and |
|---|
| 543 | | - | shipped to an Oklahoma licensed wine and spirits wholesaler and then |
|---|
| 505 | + | 11. To sell, offer for sale and possess beer for on-premises |
|---|
| 506 | + | consumption; and |
|---|
| 507 | + | 12. To establish satellite tasting rooms as defined and |
|---|
| 508 | + | authorized in this act the Oklahoma Alcoholic Bever age Control Act |
|---|
| 509 | + | where the winemaker’s products may be tasted, sampled, sold and |
|---|
| 510 | + | served for on-premises consumption and the winemaker is permitted to |
|---|
| 511 | + | sell its products in sealed containers; provided, the small farm |
|---|
| 512 | + | winery license or winemaker license is active and in good standing. |
|---|
| 513 | + | The wine sold at a satellite tasting room must have been |
|---|
| 514 | + | produced/manufactured by the holder of a small farm winery license |
|---|
| 515 | + | or winemaker license and must have all manufacturing taxes paid; and |
|---|
| 516 | + | 13. To host off-site events pursuant to Section 5 of this act. |
|---|
| 517 | + | SECTION 4. AMENDATORY 37A O.S. 2021, Section 2-131, is |
|---|
| 518 | + | amended to read as follows: |
|---|
| 519 | + | Section 2-131. A. A small farm winery license shall authorize |
|---|
| 520 | + | the holder thereof: |
|---|
| 521 | + | 1. To manufacture and bottle win es produced by that small farm |
|---|
| 522 | + | winery; |
|---|
| 523 | + | 2. To bottle and sell wines produced by another small farm |
|---|
| 524 | + | winery. In order for a small farm winery to bottle and sell another |
|---|
| 525 | + | small farm winery’s products, both the selling winery and the buying |
|---|
| 526 | + | winery shall be small farm winery permit holders; |
|---|
| 527 | + | 3. To establish satellite tasting rooms as defined and |
|---|
| 528 | + | authorized in this act the Oklahoma Alcoholic Beverage Control Act |
|---|
| 570 | | - | made available for purchase by the Oklahoma l icensed distiller for |
|---|
| 571 | | - | sale; and |
|---|
| 572 | | - | 6. To sell spirits at public events such as trade shows or |
|---|
| 573 | | - | festivals. Products offered for sale by the Oklahoma licensed |
|---|
| 574 | | - | distiller will have been sold to and shipped to an Oklahoma licensed |
|---|
| 575 | | - | wine and spirits wholesaler and then made available for purchase by |
|---|
| 576 | | - | the Oklahoma licensed distiller ; and |
|---|
| 577 | | - | 7. To host off-site events pursuant to Section 5 of this act; |
|---|
| 578 | | - | provided, that products offered for sale by the Oklahoma licensed |
|---|
| 579 | | - | distiller will have been sold to and shi pped to an Oklahoma licensed |
|---|
| 580 | | - | wine and spirits wholesaler and then made available for purchase by |
|---|
| 581 | | - | the Oklahoma licensed distiller. |
|---|
| 582 | | - | B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A |
|---|
| 583 | | - | of this section shall not exceed fifteen thousand (15,000) gallons |
|---|
| 584 | | - | per calendar year in combination. |
|---|
| 585 | | - | SECTION 5. AMENDATORY 37A O.S. 2021, Section 2-104, is |
|---|
| 586 | | - | amended to read as follows: |
|---|
| 587 | | - | Section 2-104. A winemaker license shall authorize the holder |
|---|
| 588 | | - | thereof: |
|---|
| 589 | | - | 1. To manufacture (including such mixing, blending and cellar |
|---|
| 590 | | - | treatment as authorized by federal law), bottle, package and store |
|---|
| 591 | | - | on licensed premises wine containing not more than twenty-four |
|---|
| 592 | | - | percent (24%) alcohol by volume,; provided, the bottle or package |
|---|
| 556 | + | where the winemaker’s products may be tasted, sampled, sold and |
|---|
| 557 | + | served for on-premises consumption and the wine maker is permitted to |
|---|
| 558 | + | sell its products in sealed containers; provided, the small farm |
|---|
| 559 | + | winery license is active and in good standing. The wine sold at a |
|---|
| 560 | + | satellite tasting room must have been produced/manufactured by the |
|---|
| 561 | + | holder of a small farm winery licen se and must have all |
|---|
| 562 | + | manufacturing taxes paid; and |
|---|
| 563 | + | 4. To host off-site events pursuant to Section 5 of this act; |
|---|
| 564 | + | and |
|---|
| 565 | + | 5. The small farm winery licensee shall have t he same authority |
|---|
| 566 | + | as the winemaker licensee. |
|---|
| 567 | + | B. A small farm wine may display the trademar ked “Oklahoma |
|---|
| 568 | + | Grown” sticker available from the Oklahoma Grape Industry Council. |
|---|
| 569 | + | SECTION 5. NEW LAW A new section of law to be codified |
|---|
| 570 | + | in the Oklahoma Statutes as Section 2-162 of Title 37A, unless there |
|---|
| 571 | + | is created a duplication in numbering, reads as foll ows: |
|---|
| 572 | + | A. A small brewer, winemaker, distiller, or small farm winery |
|---|
| 573 | + | licensee shall be authorized to host an off-site event following the |
|---|
| 574 | + | submission and approval of an application to the ABLE Commission. |
|---|
| 575 | + | The licensee shall only be authorized to sell for consumption at the |
|---|
| 576 | + | off-site event alcoholic beverages authorized for sale under the |
|---|
| 577 | + | licensee’s respective license. The licensee shall be limited to |
|---|
| 578 | + | hosting four (4) off-site events per year. |
|---|
| 619 | | - | sizes authorized shall be limited to the capacities ap proved by the |
|---|
| 620 | | - | United States Alcohol and Tobacco Tax and Trade Bureau; |
|---|
| 621 | | - | 2. To sell wine in this state to licensed wholesalers and |
|---|
| 622 | | - | manufacturers; |
|---|
| 623 | | - | 3. To sell wine produced at the winery from grapes and other |
|---|
| 624 | | - | fruits and berries grown in this state, if availab le, for either on- |
|---|
| 625 | | - | premises or off-premises consumption to consumers on the pr emises of |
|---|
| 626 | | - | the winery; |
|---|
| 627 | | - | 4. To serve free samples of wine produced at the winery to |
|---|
| 628 | | - | visitors twenty-one (21) years of age and older. For purposes of |
|---|
| 629 | | - | this section, no visitor may sa mple more than a total of six (6 ) |
|---|
| 630 | | - | fluid ounces of wine per day. The winery s hall restrict the |
|---|
| 631 | | - | distribution and consumption of wine samples to an area within the |
|---|
| 632 | | - | licensed premises designated by the winery. A current floor plan |
|---|
| 633 | | - | that includes the designated sampling area shall be on file with the |
|---|
| 634 | | - | ABLE Commission. No visitor under t wenty-one (21) years of age |
|---|
| 635 | | - | shall be permitted to enter the designated sampling area when |
|---|
| 636 | | - | samples are being distributed and consumed. Samples of wine served |
|---|
| 637 | | - | by a winery under thi s section shall not be considere d a sale of |
|---|
| 638 | | - | wine within the meaning of Articl e XXVIII-A of the Oklahoma |
|---|
| 639 | | - | Constitution or Section 1-103 of this title; provided, such samples |
|---|
| 640 | | - | of wine shall be considered removed or withdrawn from the winery for |
|---|
| 641 | | - | use or consumption within the meaning of Sectio n 5-110 of this title |
|---|
| 642 | | - | for excise tax determin ation and reporting requirements; |
|---|
| 643 | | - | |
|---|
| 644 | | - | ENGR. S. B. NO. 8 Page 9 1 |
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| 668 | | - | |
|---|
| 669 | | - | 5. To serve free samples of wine produced at the winery at |
|---|
| 670 | | - | public events such as festivals and trade shows; |
|---|
| 671 | | - | 6. To sell wine produced at the win ery, for either on-premises |
|---|
| 672 | | - | or off-premises consumption at public events such as festivals and |
|---|
| 673 | | - | trade shows; |
|---|
| 674 | | - | 7. To sell wine out of this state to qualified persons; |
|---|
| 675 | | - | 8. To purchase from licensed winemakers, distillers and |
|---|
| 676 | | - | rectifiers in this state, and to i mport into this state wine, bran dy |
|---|
| 677 | | - | and fruit spirits for use in manufacturing in accordance with |
|---|
| 678 | | - | federal laws and regulations; |
|---|
| 679 | | - | 9. To sell and serve Oklahoma-manufactured wine, mulled wine, |
|---|
| 680 | | - | or spiced wine, mixed with nonalcoholic beverages or food items su ch |
|---|
| 681 | | - | as water, sugar, fruits and v egetables, at any temperature for |
|---|
| 682 | | - | either on-premises or off-premises consumption; |
|---|
| 683 | | - | 10. To purchase beer in retail containers from the holder of a |
|---|
| 684 | | - | wholesaler, beer distributor, small brewer self-distributor or |
|---|
| 685 | | - | brewpub self-distributor license or as specific ally provided by law; |
|---|
| 686 | | - | 11. To sell, offer for sale and possess beer for on-premises |
|---|
| 687 | | - | consumption; and |
|---|
| 688 | | - | 12. To establish satellite tasting rooms as defined and |
|---|
| 689 | | - | authorized in this act the Oklahoma Alcoholic Bever age Control Act |
|---|
| 690 | | - | where the winemaker’s products may be taste d, sampled, sold and |
|---|
| 691 | | - | served for on-premises consumption and the winemaker is permitted to |
|---|
| 692 | | - | sell its products in sealed containers; provided, the small farm |
|---|
| 693 | | - | |
|---|
| 694 | | - | ENGR. S. B. NO. 8 Page 10 1 |
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| 695 | | - | 2 |
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| 718 | | - | |
|---|
| 719 | | - | winery license or winemaker license is active and in good standing. |
|---|
| 720 | | - | The wine sold at a satellite tas ting room must have been |
|---|
| 721 | | - | produced/manufactured by the holder of a small farm winery license |
|---|
| 722 | | - | or winemaker license and must have all manufacturing taxes paid; and |
|---|
| 723 | | - | 13. To host off-site events pursuant to Section 5 of this act. |
|---|
| 724 | | - | SECTION 6. AMENDATORY 37A O.S. 2021, Section 2-131, is |
|---|
| 725 | | - | amended to read as follows: |
|---|
| 726 | | - | Section 2-131. A. A small farm winery license shall authorize |
|---|
| 727 | | - | the holder thereof: |
|---|
| 728 | | - | 1. To manufacture and bottle win es produced by that small farm |
|---|
| 729 | | - | winery; |
|---|
| 730 | | - | 2. To bottle and sell wines produced by another small farm |
|---|
| 731 | | - | winery. In order for a small farm winery to bottle and sell another |
|---|
| 732 | | - | small farm winery’s products, both the selling winery and the buying |
|---|
| 733 | | - | winery shall be small farm winery permit holders; |
|---|
| 734 | | - | 3. To establish satellite tasting r ooms as defined and |
|---|
| 735 | | - | authorized in this act the Oklahoma Alcoholic Beverage Control Act |
|---|
| 736 | | - | where the winemaker’s products may be tasted, sampled, sold and |
|---|
| 737 | | - | served for on-premises consumption and the winemaker is permitted to |
|---|
| 738 | | - | sell its products in sealed containers; provided, the small farm |
|---|
| 739 | | - | winery license is active and in good standing. The wine sold at a |
|---|
| 740 | | - | satellite tasting room must have been produced/manufactured by the |
|---|
| 741 | | - | holder of a small farm winery license and must have all |
|---|
| 742 | | - | manufacturing taxes paid; and |
|---|
| 743 | | - | |
|---|
| 744 | | - | ENGR. S. B. NO. 8 Page 11 1 |
|---|
| 745 | | - | 2 |
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| 768 | | - | |
|---|
| 769 | | - | 4. To host off-site events pursuant to Section 5 of this act; |
|---|
| 770 | | - | and |
|---|
| 771 | | - | 5. The small farm winery licensee shall have t he same authority |
|---|
| 772 | | - | as the winemaker licensee. |
|---|
| 773 | | - | B. A small farm wine may display the trademarked “Oklahoma |
|---|
| 774 | | - | Grown” sticker available from the Oklahoma Grape Industry Council. |
|---|
| 775 | | - | SECTION 7. NEW LAW A new section of law to be codified |
|---|
| 776 | | - | in the Oklahoma Statutes as Section 2-162 of Title 37A, unless there |
|---|
| 777 | | - | is created a duplication in numbering, reads as follows: |
|---|
| 778 | | - | A. A brewer, small brewer, winemaker, distiller, or small farm |
|---|
| 779 | | - | winery licensee shall be authorized to host an off-site event |
|---|
| 780 | | - | following the submission and approval of an application to the ABLE |
|---|
| 781 | | - | Commission. The licensee shall only be authorized to sell for |
|---|
| 782 | | - | consumption at the off-site event alcoholic beverages authorized for |
|---|
| 783 | | - | sale under the licensee’s respective license. The licensee shall be |
|---|
| 784 | | - | limited to hosting four (4) off-site events per year. |
|---|