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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 1713 By: Bennett
33	33
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38	38	AS INTRODUCED
39	39
40	40	An Act relating to alcoholic beverages; amending 37A
41	41	O.S. 2021, Section 2 -102, as amended by Section 4,
42	42	Chapter 338, O.S.L. 2023 (37A O. S. Supp. 2024,
43	43	Section 2-102), which relates to small brewer
44	44	license; allowing the purchase of and sale of spirits
45	45	by the holder of a small brewer license; and
46	46	providing an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -102, as
54	54	amended by Section 4, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2024,
55	55	Section 2-102), is amended to read as follows:
56	56	Section 2-102. A. A brewer license shall authorize the hol der
57	57	thereof:
58	58	1. To manufacture, bottle, package and store beer and cider on
59	59	the licensed premises; and
60	60	2. To sell beer and cider in this state to holders of beer
61	61	distributor licenses and to sell beer and cider out of this state to
62	62	qualified persons.
63	63	B. A small brewer license shall authorize the holder thereof:
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90	90	1. To manufacture, bottle, package and store beer and cider
91	91	produced by the licensee on licensed premises;
92	92	2. To sell beer and cider in this state to holders of beer
93	93	distributor licenses and reta il licenses or to sell beer and cider
94	94	out of this state to qualified persons;
95	95	3. To serve free samples of beer and cider produced by the
96	96	licensee to visitors twenty -one (21) years of age or older;
97	97	4. To sell beer and cider produced by the licensee for ei ther
98	98	on-premises or off-premises consumption to consumers on the brewery
99	99	premises, or on premises located contiguous thereto;
100	100	5. To sell beer and cider at events attended by the public
101	101	including, but not limited to, trade shows, festivals, farmers
102	102	markets, boat shows, RV shows, home and garden shows, fairs, car
103	103	shows, swap meets, city events, county events, or state events for
104	104	either on-premises or off-premises consumption, regardless of
105	105	whether such events are held at premises covered by a license to
106	106	sell, serve, or store alcoholic beverages. A small brewer license
107	107	holder shall not be required to secure or control the premises of an
108	108	event attended by the public where the small brewer license holder
109	109	sells beer or cider;
110	110	6. To purchase wine and spirits in retail containers from the
111	111	holder of a wholesaler license or as specifically provided by law;
112	112	7. To sell, offer for sale and possess wine and spirits for on-
113	113	premises consumption;
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140	140	8. To host off-site events pursuant to Section 1 of this act;
141	141	and
142	142	9. To purchase from licensed brewers, small brewers, and
143	143	brewpubs in this state, and t o import beer into this state for use
144	144	in manufacturing in accordance with federal laws and regulations.
145	145	C. The holder of multiple small brewer licenses may sell beer
146	146	and cider produced at up to three breweries for which the licensee
147	147	has a license, at any other of such three licensed breweries or on
148	148	premises located contiguous thereto.
149	149	D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall
150	150	prohibit the holder of a small brewer license from also holding or
151	151	owning an interest in the holder of a brew pub license.
152	152	E. For purposes of this section, no visitor may sample more
153	153	than a total of twelve (12) fluid ounces of beer and cider per day.
154	154	The brewer must restrict the distri bution of beer and cider samples
155	155	to an area within the licensed premises as defined in this
156	156	subsection. A current floor plan that includes the designated
157	157	serving area must be on file with the ABLE Commission. No visitor
158	158	under twenty-one (21) years of age shall be permitted to enter this
159	159	designated serving area. Accompanied visito rs under twenty-one (21)
160	160	years of age shall be allowed anywhere on the premises except for a
161	161	serving area. Samples of beer and cider served by a brewery under
162	162	this section shall not be considered a sale of beer and cider within
163	163	the meaning of Article XXVIII -A of the Oklahoma Constitution or
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190	190	Section 1-103 of this title; however, such samples of beer and cider
191	191	shall be considered beer and cider removed or withdrawn from the
192	192	brewery for use or consumption within the meaning of Section 5 -110
193	193	of this title for excise tax determination and reporting
194	194	requirements. Sales and sampling may only occur between the hours
195	195	of 10:00 a.m. and 2:00 a.m. For purposes of this subsection,
196	196	"serving area" means the area of the bar where drinks are sold,
197	197	prepared, and served to paying customers and shall not include other
198	198	areas of the brewery where customers consume purchased products.
199	199	F. A small brewer self -distribution license shall authorize
200	200	holders of a small brewer license to distribute beer and cider
201	201	produced only by such licensee to a holder of a retail beer license,
202	202	retail spirits license, mixed beverage license, beer and wine
203	203	license, caterer's license, special event license, public event
204	204	license, charitable auction license or brewpub license. A small
205	205	brewer shall elect whether it will distribute through a distributor
206	206	or self-distribute in a subject territory; however, a small brewer
207	207	may not elect to do both simultaneously in a subject territor y. The
208	208	election shall be made through notice to the ABLE Commission. Any
209	209	changes to the election shall require immediate notification to the
210	210	ABLE Commission before the change in election will take effect. A
211	211	small brewer that elects to self -distribute in multiple territories
212	212	shall only be required to have one small brewer self -distribution
213	213	license.
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240	240	G. All manufacturer 's licenses held by brewers during the first
241	241	calendar year beginning October 1, 2018, shall automatically convert
242	242	to brewer licenses and be deemed effective as of the date of the
243	243	first issuance of the manufacturer 's license. Upon the first
244	244	renewal of the license, the brewer will need to obtain the
245	245	appropriate brewer's license. If a brewer elects to market wine and
246	246	spirits, the brewer will a lso be required to obtain a manufacturer 's
247	247	license and comply with the rules and regulations for both licenses.
248	248	SECTION 2. This act shall become effective November 1, 2025.
249	249
250	250	60-1-11189 JL 12/17/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1713 Compare Versions