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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1713 By: Bennett
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2 -102, as amended by Section 4,
Chapter 338, O.S.L. 2023 (37A O. S. Supp. 2024,
Section 2-102), which relates to small brewer
license; allowing the purchase of and sale of spirits
by the holder of a small brewer license; 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 -102, as
amended by Section 4, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024,
Section 2-102), is amended to read as follows:
Section 2-102. A. A brewer license shall authorize the hol der
thereof:
1. To manufacture, bottle, package and store beer and cider on
the licensed premises; and
2. To sell beer and cider in this state to holders of beer
distributor licenses and to sell beer and cider out of this state to
qualified persons.
B. A small brewer license shall authorize the holder thereof:
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1. To manufacture, bottle, package and store beer and cider
produced by the licensee on licensed premises;
2. To sell beer and cider in this state to holders of beer
distributor licenses and reta il licenses or to sell beer and cider
out of this state to qualified persons;
3. To serve free samples of beer and cider produced by the
licensee to visitors twenty -one (21) years of age or older;
4. To sell beer and cider produced by the licensee for ei ther
on-premises or off-premises consumption to consumers on the brewery
premises, or on premises located contiguous thereto;
5. To sell beer and cider at events attended by the public
including, but not limited to, trade shows, festivals, farmers
markets, boat shows, RV shows, home and garden shows, fairs, car
shows, swap meets, city events, county events, or state events for
either on-premises or off-premises consumption, regardless of
whether such events are held at premises covered by a license to
sell, serve, or store alcoholic beverages. A small brewer license
holder shall not be required to secure or control the premises of an
event attended by the public where the small brewer license holder
sells beer or cider;
6. To purchase wine and spirits in retail containers from the
holder of a wholesaler license or as specifically provided by law;
7. To sell, offer for sale and possess wine and spirits for on-
premises consumption;
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8. To host off-site events pursuant to Section 1 of this act;
and
9. To purchase from licensed brewers, small brewers, and
brewpubs in this state, and t o import beer into this state for use
in manufacturing in accordance with federal laws and regulations.
C. The holder of multiple small brewer licenses may sell beer
and cider produced at up to three breweries for which the licensee
has a license, at any other of such three licensed breweries or on
premises located contiguous thereto.
D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall
prohibit the holder of a small brewer license from also holding or
owning an interest in the holder of a brew pub license.
E. For purposes of this section, no visitor may sample more
than a total of twelve (12) fluid ounces of beer and cider per day.
The brewer must restrict the distri bution of beer and cider samples
to an area within the licensed premises as defined in this
subsection. A current floor plan that includes the designated
serving area must be on file with the ABLE Commission. No visitor
under twenty-one (21) years of age shall be permitted to enter this
designated serving area. Accompanied visito rs under twenty-one (21)
years of age shall be allowed anywhere on the premises except for a
serving area. Samples of beer and cider served by a brewery under
this section shall not be considered a sale of beer and cider within
the meaning of Article XXVIII -A of the Oklahoma Constitution or
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Section 1-103 of this title; however, such samples of beer and cider
shall be considered beer and cider removed or withdrawn from the
brewery for use or consumption within the meaning of Section 5 -110
of this title for excise tax determination and reporting
requirements. Sales and sampling may only occur between the hours
of 10:00 a.m. and 2:00 a.m. For purposes of this subsection,
"serving area" means the area of the bar where drinks are sold,
prepared, and served to paying customers and shall not include other
areas of the brewery where customers consume purchased products.
F. A small brewer self -distribution license shall authorize
holders of a small brewer license to distribute beer and cider
produced only by such licensee to a holder of a retail beer license,
retail spirits license, mixed beverage license, beer and wine
license, caterer's license, special event license, public event
license, charitable auction license or brewpub license. A small
brewer shall elect whether it will distribute through a distributor
or self-distribute in a subject territory; however, a small brewer
may not elect to do both simultaneously in a subject territor y. The
election shall be made through notice to the ABLE Commission. Any
changes to the election shall require immediate notification to the
ABLE Commission before the change in election will take effect. A
small brewer that elects to self -distribute in multiple territories
shall only be required to have one small brewer self -distribution
license.
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G. All manufacturer 's licenses held by brewers during the first
calendar year beginning October 1, 2018, shall automatically convert
to brewer licenses and be deemed effective as of the date of the
first issuance of the manufacturer 's license. Upon the first
renewal of the license, the brewer will need to obtain the
appropriate brewer's license. If a brewer elects to market wine and
spirits, the brewer will a lso be required to obtain a manufacturer 's
license and comply with the rules and regulations for both licenses.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11189 JL 12/17/24