Oklahoma SB 813: Alcoholic beverages; creating a complimentary beverage license for certain purpose; allowing winery and brewery to serve samples. Effective date. Emergency.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

SENATE BILL NO. 813 By: Bice

AS INTRODUCED

An Act relating to alcoholic beverage licenses;
creating a complimentary beverage license for certain
purpose; stating eligibility for license; restricting
purchases to certain providers; exempting employees
who serve beverages from licensure; making license
renewable annually; exempting license from permanent
location requirement; allowing winery and brewer to
serve samples and sealed product on certain premises;
amending Section 13, Chapter 366, O.S.L. 2016, as
last amended by Section 2, Chapter 312, O.S.L. 2018
(37A O.S. Supp. 2018, Section 2-101), which relates
to license fees; setting license fees; providing an
effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-159 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
A complimentary beverage license shall authorize the holder
thereof: To provide, free of charge for on premises consumption
only, no more than two alcoholic beverages containing spirits,
twelve (12) ounces of wine, or twenty-four (24) ounces of beer per

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day, to a guest or client who is twenty-one (21) years of age or
older. This license shall not be issued to a business which
possesses any other form of license issued by the ABLE Commission,
except for event-type licenses. Complimentary beverage licenses
shall only be issued to a business located in a building or
structure that has a permanent physical address. This license shall
only be issued to businesses which involve retail sales or provide
services to its clients including, but not limited to, furniture
stores, art studios, nail salons, hair salons, cigar stores,
clothing stores, bridal shops or business support services. A
chamber of commerce, main street, economic development authority,
vocational trade school, higher education college or similar
organization promoting economic development or an organization that
is exempt from taxation pursuant to the provisions of subsection (c)
of Section 501 of the United States Internal Revenue Code shall also
qualify for a complimentary beverage license. A business whose
patronage is primarily persons under the age of eighteen (18), is a
restaurant or a business that provides adult entertainment shall not
qualify for a license. Upon issuance of the license, the business
shall purchase all of its alcoholic beverages from a brewer,
winemaker, retail spirit, retail beer, or retail wine licensee and
will become a licensed premise subject to inspection by any ABLE
Commission agent or any other peace officer, pursuant to Section 5-
115 of Title 37A of the Oklahoma Statutes. Employees who serve the

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alcoholic beverage shall be twenty-one (21) years of age or older
and shall not be required to obtain an employee license. A
complimentary beverage license shall not be used in lieu of a mixed
beverage, caterer, brew pub, brewer, public event, special event,
beer and wine, or charitable event license. This license is an
annual license and renewable on an annual basis.
A chamber of commerce, main street, economic development
authority, vocational trade school, higher education college or
similar organization promoting economic development shall be exempt
from the permanent location requirement and permitted to utilize the
license at other locations within the city in which they are located
or on their campus for member recruitment, education and development
of new business functions.
The holder of an Oklahoma winery or brewers license may serve
free samples and offer for sale sealed product for off premises
consumption at temporary tastings on the premises of a complimentary
beverage licensee.
SECTION 2. AMENDATORY Section 13, Chapter 366, O.S.L.
2016, as last amended by Section 2, Chapter 312, O.S.L. 2018 (37A
O.S. Supp. 2018, Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License.................................. $1,250.00

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2. Small Brewer License.............................. $125.00
3. Distiller License............................... $3,125.00
4. Winemaker License................................. $625.00
5. Small Farm Winery License.......................... $75.00
6. Rectifier License............................... $3,125.00
7. Wine and Spirits Wholesaler License............. $3,000.00
8. Beer Distributor License.................