2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-2-109. Retail spirits license - Retail wine license - Retail beer license.

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; 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 wholesaler;
2. To purchase wine from a small farm winemaker who is permitted and has elected to self-distribute as provided in Article XXVIII-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 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 license may sell wine with alcohol beverage volume 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;
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 auction 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 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 the 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 wholesaler, beer distributor, self-distributor, small brewer or self-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 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 alcoholic beverages are unsealed at any given time; and
4. No person shall remove any samples from the licensed premises or location where the tasting has occurred.
Added by Laws 2016, c. 366, § 21, eff. Oct. 1, 2018. Amended by Laws 2020, c. 81, § 1, eff. July 1, 2020; Laws 2021, c. 434, § 1, eff. Nov. 1, 2021.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.