§ 37A-2-104 — Winemaker license.

A winemaker license shall authorize the holder thereof: 1. To manufacture (including such mixing, blending and cellar treatment as authorized by federal law), bottle, package and store on licensed premises wine containing not more than twenty-four percent (24%) alcohol by volume, provided the bottle or package sizes authorized shall be limited to the capacities approved by the United States Alcohol and Tobacco Tax and Trade Bureau; 2. To sell wine in this state to licensed wholesalers and manufacturers; 3. To sell wine produced at the winery from grapes and other fruits and berries grown in this state, if available, for either on- premises or off-premises consumption to consumers on the premises of the winery; 4. To serve free samples of wine produced at the winery to visitors twenty-one (21) years of age and older. For purposes of this section, no visitor may sample more than a total of six (6) fluid ounces of wine per day. The winery shall restrict the distribution and consumption of wine samples to an area within the licensed premises designated by the winery. A current floor plan that includes the designated sampling area shall be on file with the ABLE Commission. No visitor under twenty-one (21) years of age shall be permitted to enter the designated sampling area when samples are being distributed and consumed. Samples of wine served by a winery under this section shall not be considered a sale of wine within the meaning of Article XXVIII-A of the Oklahoma Constitution or Section 1-103 of this title; provided, such samples of wine shall be considered removed or withdrawn from the winery for use or consumption within the meaning of Section 5-110 of this title for excise tax determination and reporting requirements; 5. To serve free samples of wine produced at the winery at public events such as festivals and trade shows; 6. To sell wine produced at the winery, for either on-premises or off-premises consumption at public events such as festivals and trade shows; 7. To sell wine out of this state to qualified persons; 8. To purchase from licensed winemakers, distillers and rectifiers in this state, and to import into this state wine, brandy and fruit spirits for use in manufacturing in accordance with federal laws and regulations; 9. To sell and serve Oklahoma-manufactured wine, mulled wine, or spiced wine, mixed with nonalcoholic beverages or food items such as water, sugar, fruits and vegetables, at any temperature for either on-premises or off-premises consumption; 10. To purchase beer in retail containers from the holder of a wholesaler, beer distributor, small brewer self-distributor or brewpub self-distributor license or as specifically provided by law; 11. To sell, offer for sale and possess beer for on-premises consumption; and 12. To establish satellite tasting rooms as defined and authorized in this act where the winemaker's products may be tasted, sampled, sold and served for on-premises consumption and the winemaker is permitted to sell its products in sealed containers; provided, the small farm winery license or winemaker license is active and in good standing. The wine sold at a satellite tasting room must have been produced/manufactured by the holder of a small farm winery license or winemaker license and must have all manufacturing taxes paid.

Legislative History

Added by Laws 2016, c. 366, § 16, eff. Oct. 1, 2018. Amended by Laws 2017, c. 307, § 2, eff. Oct. 1, 2018; Laws 2018, c. 315, § 2, eff. Oct. 1, 2018; Laws 2019, c. 420, § 3, eff. Nov. 1, 2019. 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.