1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 800 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Section 2-105, which relates to the
8 winemaker self-distribution license; allowing
8 winemaker and winery license holders to distribute to
9 certain licensed holders; requiring election to
9 certain distribution; prohibiting certain election;
10 requiring notice to ABLE Commission for election and
10 changes to election before operation; and providing
11 an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-105, is
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16 amended to read as follows:
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17 Section 2-105. A. A winemaker self-distribution license shall
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18 authorize a licensed winemaker within or without this state which is
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19 permitted by Article XXVIIIA XXVIII-A of the Oklahoma Constitution
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20 and this section:
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21 1. To distribute its wine directly to retail spirits, retail
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22 wine and retail beer licensees, mixed beverage licensees, beer and
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23 wine licensees, and restaurants in this state; and
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 1 2. If such a winemaker elects to do so, to sell and deliver its
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2 wines directly to licensed retail package stores, mixed beverage
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3 licensees, beer and wine licensees, and restaurants in this state in
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4 full case lots only, and in accordance with the provisions of the
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5 Oklahoma Alcoholic Beverage Control Act and such rules as the ABLE
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6 Commission shall promulgate.
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7 B. A winemaker either within or without this state that
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8 annually produces no more than fifteen thousand (15,000) gallons of
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9 wine may elect to sell and self-distribute the wine produced by such
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10 winemaker directly to licensed retail package stores, mixed beverage
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11 licensees, beer and wine licensees, and restaurants in this state;
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12 provided:
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13 1. Any such winemaker which elects to directly sell its wine to
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14 package stores, mixed beverage licensees, beer and wine licensees,
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15 and restaurants shall not also use a licensed wholesale distributor
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16 as a means of distribution, and shall be required to sell its wines
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17 to every package store, mixed beverage licensee, beer and wine
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18 licensee, and restaurant licensee who desires to purchase the same,
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19 on the same price basis and without discrimination;
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20 2. If a winemaker or winery sells directly to a retail package
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21 store, mixed beverage licensee, beer and wine licensee, or
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22 restaurant, the winemaker shall transport the wine from the
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23 winemaker’s winery to the premises where the wine is to be delivered
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24 only in vehicles owned or leased by the winemaker and not by common
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 1 or private contract carrier and shall obtain all necessary permits
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2 as required by the Oklahoma Alcoholic Beverage Control Act; and
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3 3. If the production volume limit applicable to winemakers is
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4 ruled to be unconstitutional by a court of competent jurisdiction,
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5 then no winemaker shall be permitted to directly sell its wine to
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6 retail package stores, non-package-store retailers, mixed beverage
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7 licensees, beer and wine licensees, or restaurants in this state.
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8 C. A licensed winemaker or winery may distribute wine produced
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9 only by such license holder to a holder of a retail beer license,
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10 retail spirits license, mixed beverage license, beer and wine
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11 license, caterer’s license, special event license, public event
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12 license, charitable auction license, or brewpub license. A
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13 winemaker or winery shall elect whether to distribute through a
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14 licensed distributor or self-distribute in a subject territory;
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15 provided, the winemaker or winery license holder shall not elect to
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16 do both simultaneously in a subject territory. The election shall
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17 be made through notice to the ABLE Commission. Any changes to the
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18 election shall require immediate notification to the ABLE Commission
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19 before the change in election shall take effect.
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20 SECTION 2. This act shall become effective November 1, 2023.
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22 59-1-819 MR 1/18/2024 9:25:57 AM
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