§ 37A-2-102 — Brewer license - Small brewer license - Small brewer

Oklahoma § 37A-2-102

• Jurisdiction: Oklahoma
• Title 37A: Alcoholic Beverages

Text

self-distribution license. A. A brewer license shall authorize the holder thereof: 1. To manufacture, bottle, package and store beer and cider on the licensed premises; and 2. To sell beer and cider in this state to holders of beer distributor licenses and to sell beer and cider out of this state to qualified persons. B. A small brewer license shall authorize the holder thereof: 1. To manufacture, bottle, package and store beer and cider produced by the licensee on licensed premises; 2. To sell beer and cider in this state to holders of beer distributor licenses and retail licenses or to sell beer and cider out of this state to qualified persons; 3. To serve free samples of beer and cider produced by the licensee to visitors twenty-one (21) years of age or older; 4. To sell beer and cider produced by the licensee for either on-premises or off-premises consumption to consumers on the brewery premises, or on premises located contiguous thereto; 5. To sell beer and cider at events attended by the public including, but not limited to, trade shows, festivals, farmers markets, boat shows, RV shows, home and garden shows, fairs, car shows, swap meets, city events, county events, or state events for either on-premises or off-premises consumption, regardless of whether such events are held at premises covered by a license to sell, serve, or store alcoholic beverages. A small brewer license holder shall not be required to secure or control the premises of an event attended by the public where the small brewer license holder sells beer or cider; 6. To purchase wine in retail containers from the holder of a wholesaler license or as specifically provided by law; 7. To sell, offer for sale and possess wine for on-premises consumption; 8. To host off-site events pursuant to Section 1 of this act; and 9. To purchase from licensed brewers, small brewers, and brewpubs in this state, and to import beer into this state for use in manufacturing in accordance with federal laws and regulations. C. The holder of multiple small brewer licenses may sell beer and cider produced at up to three breweries for which the licensee has a license, at any other of such three licensed breweries or on premises located contiguous thereto. D. Nothing in the Oklahoma Alcoholic Beverage Control Act shall prohibit the holder of a small brewer license from also holding or owning an interest in the holder of a brewpub license. E. For purposes of this section, no visitor may sample more than a total of twelve (12) fluid ounces of beer and cider per day. The brewer must restrict the distribution of beer and cider samples to an area within the licensed premises as defined in this subsection. A current floor plan that includes the designated serving area must be on file with the ABLE Commission. No visitor under twenty-one (21) years of age shall be permitted to enter this designated serving area. Accompanied visitors under twenty-one (21) years of age shall be allowed anywhere on the premises except for a serving area. Samples of beer and cider served by a brewery under this section shall not be considered a sale of beer and cider within the meaning of Article XXVIII-A of the Oklahoma Constitution or Section 1-103 of this title; however, such samples of beer and cider shall be considered beer and cider removed or withdrawn from the brewery for use or consumption within the meaning of Section 5-110 of this title for excise tax determination and reporting requirements. Sales and sampling may only occur between the hours of 10:00 a.m. and 2:00 a.m. For purposes of this subsection, “serving area” means the area of the bar where drinks are sold, prepared, and served to paying customers and shall not include other areas of the brewery where customers consume purchased products. F. A small brewer self-distribution license shall authorize holders of a small brewer license to distribute beer and cider produced only by such licensee to a holder of a retail beer license, retail spirits license, mixed beverage license, beer and wine license, caterer’s license, special event license, public event license, charitable auction license or brewpub license. A small brewer shall elect whether it will distribute through a distributor or self-distribute in a subject territory; however, a small brewer may not elect to do both simultaneously in a subject territory. The election shall be made through notice to the ABLE Commission. Any changes to the election shall require immediate notification to the ABLE Commission before the change in election will take effect. A small brewer that elects to self-distribute in multiple territories shall only be required to have one small brewer self-distribution license. G. All manufacturer’s licenses held by brewers during the first calendar year beginning October 1, 2018, shall automatically convert to brewer licenses and be deemed effective as of the date of the first issuance of the manufacturer’s license. Upon the first renewal of the license, the brewer will need to obtain the appropriate brewer’s license. If a brewer elects to market wine and spirits, the brewer will also be required to obtain a manufacturer’s license and comply with the rules and regulations for both licenses.

Legislative History

Added by Laws 2016, c. 366, § 14, eff. Oct. 1, 2018. Amended by Laws 2017, c. 84, § 1, eff. Oct. 1, 2018; Laws 2018, c. 315, § 1, eff. Oct. 1, 2018; Laws 2019, c. 322, § 3, emerg. eff. May 7, 2019; Laws 2021, c. 396, § 1, eff. Nov. 1, 2021; Laws 2023, c. 338, § 4, emerg. eff. June 7, 2023. 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. NOTE: Laws 2019, c. 226, § 1 repealed by Laws 2023, c. 338, Sec. 9, emerg. eff. June 7, 2023.