Section 2-109 - Retail spirits license - Retail wine license - Retail beer licenseA. 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; and4. 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; and4. 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; and4. 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; and6. 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; and4. No person shall remove any samples from the licensed premises or location where the tasting has occurred.F.1. Retail spirits, retail wine, and retail beer licensees shall be authorized to host educational alcoholic beverage training, 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 premises 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 licensed premises in such containers to consumers for off-premises consumption only in this state. Tastings shall be restricted 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 employee 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 six 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 ounces of wine per day. An educational tasting of spirits shall consist of not more than three separate 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) ounces 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 and 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 portions 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 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.Okla. Stat. tit. 37A, § 2-109
Amended by Laws 2024, c. 90,s. 2, eff. 4/22/2024.Amended by Laws 2021 , c. 434, s. 1, eff. 11/1/2021.Amended with no change by Laws 2020 , c. 81, s. 1, eff. 7/1/2020.Amended by Laws 2020 , c. 82, s. 1, eff. 7/1/2020.Added by Laws 2016 , c. 366, s. 21, eff. 10/1/2018.