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SENATE FLOOR VERSION
March 6, 2025
SENATE BILL NO. 1094 By: Coleman
An Act relating to alcoholic beverage licenses;
amending 37A O.S. 2021, Section s 2-109, as amended by
Section 2, Chapter 90, O.S.L. 2024, and 2 -110, as
last amended by Section 1, Chap ter 417, O.S.L. 2024
(37A O.S. Supp. 2024, Sections 2 -109 and 2-110),
which relate to retail wine, retail beer, retail
spirits, and mixed beverage licenses; allowing
certain licensees to sell certain beverages for off -
premise consumption; prohibiting the A lcoholic
Beverage Laws Enforcement (ABLE) Commission from
promulgating certain rules; 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 -109, as
amended by Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2024,
Section 2-109), is amended to read as follows:
Section 2-109. A. A retail spirits license shall authorize the
holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distributor or 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;
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provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event licenses; and
4. To host alcoholic beverage tastings consistent with
subsections D and E of this section.
B. A retail wine license shall authorize the holder thereof:
1. To purchase wine from a wine and spirits w holesaler;
2. To purchase wine from a small farm winemaker who is permitted
and has elected to self -distribute as provided in Article XXV III-A
of the Oklahoma Constitution;
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 are
holders of charitable alcoho lic beverage auction or charitable
alcoholic beverage event licenses; and
4. To host an alcoholic beverage tasting, c onsistent with
subsections D and E of this section.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volum e in excess of fifteen percent (15%).
C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self -
distribution license;
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3. To sell same on the lice nsed 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 auction or charitable
alcoholic beverage event lice nses; 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 beverage volume in excess of fifteen percent
(15%).
D. All tastings conducted under this section shall:
1. Be conducted under the direct supervision of the licensee
authorized to host th e tasting;
2. Be poured by any ABLE Commission licensee lawfully permitted
to serve alcoholic beverages, provided no wine or spirits
wholesaler, beer distributor or employee of a wine or 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 w holesaler,
beer distributor, self -distributor, small brewer or self -
distributing winery authorized to sell the same, a nd the licensee
shall pay the applicable taxes on the alcoholic beverages purchased;
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provided, the licensee may only provide samples of al coholic
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 licensed 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 alcohol ic beverages are
unsealed at any given time; and
4. No person shall remove any samples from the licensed premises
or location where the t asting has occurred.
F. 1. Retail spirits, retail wine, and retail beer licensees
shall be authorized to host educational alcoholic beverage training,
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which includes tastings, for employees who are licensed to sell such
beverages on the licensed premises in such containers to consumers
for off-premises consumption only. Alcoholic beverages for training
purposes may be provided by wine and spirits wholesaler licensees
and beer distributor licensees.
2. All such tastings shall be consumed on licensed prem ises 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 l icensed premises in
such containers to consumers for off -premises consumption only in
this state. Tastings shall be r estricted to employees who are
twenty-one (21) years of age or older. Participation in tastings
for educational purposes may be required 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 employment.
3. 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 time. No employe e may sample more than a
total of twelve (12) fluid ounces of beer per day. An educational
tasting of wine may consist of not more than s ix separate individual
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
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ounces of wine per day. An educational tasting of spirits shall
consist of not more than three separa te 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) oun ces 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 tasting shall be
allowed. Employees who choose to taste an alcoholic 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 before, 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 provide samples, excluding spirits a nd wine, are
poured out by the end 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 por tions 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
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resealed samples of wine and spirits in their vehicles. Beer, wine,
and spirits samples shall not be considered withdrawn from the
inventory of the beer distributor or wine and spirits wholesaler for
purposes of the collection of the excise tax on beer, 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.
G. Retail spirits, retail wine, and retail beer licensees shall
be authorized to sell such beverages on the licensed premises in
such containers to consumers for off -premises consumption.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2 -110, as
last amended by Section 1, Chapter 417, O.S.L. 2024 (37A O.S. Supp.
2024, Section 2-110), is amended to read as follows:
Section 2-110. A. A mixed beverage license shall authorize the
holder thereof:
1. To purchase alcohol, spirits, beer and/or wine in retail
containers from the holder of a wine and spirits wholesaler and beer
distributor license as specifically provided by law;
2. To sell, offer for sale and possess mixed beverages for on -
premises consumption only, provided:
a. the holder of a mixed beverage license issued for an
establishment which is also a restaurant may purchase
wine directly from a winemaker and beer directly from
a small brewer who is permitted and has elected to
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self-distribute as provided in Article XXVIII -A of the
Oklahoma Constitution, and
b. the holder of a mixed beverage license that is also a
holder of a retail wine license or retail beer license
or both a retail wine license and retail beer license
shall not be prohibited fr om the on-premises sale of
wine or beer, according to the license held, for off -
premises consumption, subject to the limitations of
the retail wine license or retail beer license; and
3. To sell spirits in their original packages for consumption
on its premises under the following conditions:
a. spirits in their original packages shall remain and be
consumed in the club suite of a mixed bev erage
licensee and may not be removed from the club suite if
not consumed in their entirety at or before the
conclusion of the period for which the club suite was
made available to a specific patron or patrons by the
mixed beverage licensee, and
b. spirits in their original packages to be consumed in
the club suite are provided exclusively by the mixed
beverage licensee.
B. Sales and service of mixed beverages by holders of mixed
beverage licenses shall be limited to the licensed premises of the
licensee unless the holder of the mixed beverage license also
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obtains a caterer license or a mixed beverage/caterer combination
license, or if the holder of a mixed beverage license is an
Entertainment District Tenant Party as defined in Section 2393 of
Title 68 of the Oklahoma Statutes. A mixed beverage license shall
only be issued in counties of this state where the sale of alcoholic
beverages by the individual drink for on -premises consumption has
been authorized. A separate license shall be required for each
place of business.
C. Sales and service of mixed beverages by holders of mixed
beverage licenses of an Entertainment Di strict Tenant Party shall be
limited to the premises of an Entertainment District. For purposes
of this subsection, premises may be defin ed as the designated area
of an Entertainment District as defined in Section 2393 of Title 68
of the Oklahoma Statutes.
D. Holders of a mixed beverage license shall not be prohibited
from obtaining and holding a retail beer license or retail wine
license or both a retail beer license and retail wine license ; nor
shall the Alcoholic Beverage Laws Enforcement (ABLE) Commis sion
promulgate any rule that prevents a holder of a mixed beverage
license from operating within the premises of, or immediately
adjacent to, a retail wine or retail beer license ; provided, that
each holder qualifies and maintains the qualifications for each
license held as set forth in this title and the rules promulgated by
the Alcoholic Beverage Laws Enforcement (ABLE) Commission.
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E. Upon application, a mixed beverage license shall be issued
for any place of business functioning as a motion picture the ater,
as defined by Section 1 -103 of this title. Provided, that upon
proof of legal age to consume alcohol, every patron being served
alcoholic beverages shall be required to wear a wrist bracelet or
receive a hand stamp identifying the patron as being of legal age to
consume alcohol. This requirement shall only apply inside a motion
picture theater auditorium where individuals under the l egal age to
consume alcohol are allowed.
F. Holders of a mixed beverage license with a licensed premises
on a business establishment that meets the classification of a golf
course or country club pursuant to the most recently adopted North
American Industry Classification System (NAICS) may also sell beer
in sealed original packages for on -premises consumption. Such
holders’ sales of more than two sealed original packages to one
person at one time for on -premises consumption shall not be
considered an unlawful inducement to stimulate consumption of
alcoholic beverages under the Oklahoma Alcoholic Beverage Control
Act, and patrons may remove sealed original packages from the
licensed premises.
SECTION 3. This act shall become effective Nove mber 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
March 6, 2025 - DO PASS