1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 809 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to Oklahoma Cocktails To Go Act of
7 2021; amending 37A O.S. 2021, Sections 7-102, as
8 amended by Section 1, Chapter 373, O.S.L. 2022 and 7-
8 103, as amended by Section 2, Chapter 373, O.S.L.
9 2022 (37A O.S. Supp. 2022, Sections 7-102 and 7-103),
9 which relate to definitions and requirements;
10 modifying definition; allowing certain licensee to
10 participate in curbside pickup or delivery of sealed
11 alcoholic beverages; lowering the age of employee
11 allowed to deliver sealed alcoholic beverage;
12 allowing for sealed alcoholic beverage to be carried
12 out by customer; requiring notification to customer
13 purchasing sealed alcoholic beverage through a drive-
13 through; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 37A O.S. 2021, Section 7-102, as
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18 amended by Section 1, Chapter 373, O.S.L. 2022 (37A O.S. Supp. 2022,
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19 Section 7-102), is amended to read as follows:
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20 Section 7-102. As used in this act:
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21 1. “Cocktail” or “mixed drink” means any beverage obtained by
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22 combining ingredients alcoholic in nature, whether brewed,
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23 fermented, or distilled, with ingredients nonalcoholic in nature,
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 1 such as, but not limited to, fruit juice, lemonade, cream, or a
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2 carbonated beverage;
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3 2. “Single-serve wine” means a bottle or sealed container,
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4 containing seven (7) fluid ounces, or less, of wine;
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5 3. “Original container” means, for the purposes of this act
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6 only, a container that is filled, sealed and secured with a tamper-
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7 evident lid or cap by the original manufacturer of the mixed drink
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8 or by a mixed beverage licensee’s or caterer licensee’s employee at
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9 the mixed beverage licensee’s or caterer licensee’s location;
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10 4. “Sealed container” means a rigid container that contains a
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11 mixed drink, is new, has never been used, has a secured lid or cap
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12 designed to prevent consumption without removal of the lid or cap
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13 and is tamper evident. Sealed container does not include a
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14 container with a lid with sipping holes or openings for straws or a
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15 container made of plastic, paper or polystyrene foam; and
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16 5. “Tamper evident” means a lid or cap that has been sealed
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17 with tamper-evident covers, including, but not limited to, wax dip
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18 or heat-shrink wrap.
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19 SECTION 2. AMENDATORY 37A O.S. 2021, Section 7-103, as
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20 amended by Section 2, Chapter 373, O.S.L. 2022 (37A O.S. Supp. 2022,
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21 Section 7-103), is amended to read as follows:
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22 Section 7-103. A cocktail, mixed drink, or single-serve wine in
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23 its original container may be transferred and sold for off-premises
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24 consumption if the following requirements are met:
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 1 1. The cocktail, mixed beverage, or single-serve wine is
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2 transferred within the licensed premises by a curbside pickup or by
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3 delivery by an employee of the mixed beverage licensee, mixed
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4 beverage/caterer combination licensee, or retail licensee who:
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5 a. is at least twenty-one (21) eighteen (18) years of
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6 age, and
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7 b. upon delivery, verifies the age of the person to whom
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8 the cocktail is being delivered;
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9 2. If the employee delivering the cocktail, mixed drink, or
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10 single-serve wine is not able to safely verify a person’s age or
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11 level of intoxication upon delivery, the employee shall cancel the
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12 sale of alcohol and return the product to the mixed beverage license
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13 holder, mixed beverage/caterer combination license holder, or retail
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14 license holder;
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15 3. The sealed container is placed in the trunk of the vehicle
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16 or, if there is no trunk, in the vehicle’s rear compartment that is
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17 not readily accessible to the passenger area;
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18 4. In the case of a mixed drink sealed by the mixed beverage or
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19 caterer licensee, the sealed container shall be affixed with a label
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20 or tag that contains the following information:
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21 a. the cocktail, mixed drink or single-serve wine
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22 ingredients, type and name of the alcohol,
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 1 b. the name, license number and address of the mixed
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2 beverage licensee or caterer licensee who filled the
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3 original container and sold the product,
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4 c. the volume of the cocktail, mixed drink or single-
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5 serve wine in the sealed container, and
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6 d. verification that the sealed container was filled less
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7 than seven (7) days before the date of sale; and
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8 5. In the case of a mixed drink in its original container from
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9 the original manufacturer of the mixed drink, the Oklahoma-
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10 registered label shall not be tampered with, modified, or otherwise
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11 changed;
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12 6. In the case of a customer purchasing a cocktail, mixed
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13 drink, or single-serve wine from inside the licensed premises as
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14 part of a carry out or to-go sale, a customer may carry the sealed
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15 container from the licensed premises; and
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16 7. In the case of a customer purchasing a cocktail, mixed
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17 drink, or single-serve wine from a drive-through sale, the licensed
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18 premises shall inform the customer that the sealed container shall
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19 be stored out of reach of the driver’s compartment.
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20 SECTION 3. This act shall become effective November 1, 2023.
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22 59-1-536 MR 1/18/2023 9:45:08 PM
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