Okla. Stat. tit. 37A, § 37A-1-103

As used in the Oklahoma Alcoholic Beverage Control Act:

1. "ABLE Commission" or "Commission" means the Alcoholic

Beverage Laws Enforcement Commission;

2. "Alcohol" means and includes hydrated oxide of ethyl, ethyl

alcohol, ethanol or spirits of wine, from whatever source or by

whatever process produced. It does not include wood alcohol or

alcohol which has been denatured or produced as denatured in

accordance with Acts of Congress and regulations promulgated

thereunder;

3. "Alcoholic beverage" means alcohol, spirits, beer and wine

as those terms are defined herein and also includes every liquid or

solid, patented or not, containing alcohol, spirits, wine or beer

and capable of being consumed as a beverage by human beings;

4. "Applicant" means any individual, legal or commercial

business entity, or any individual involved in any legal or

commercial business entity allowed to hold any license issued in

accordance with the Oklahoma Alcoholic Beverage Control Act;

5. "Beer" means any beverage containing more than one-half of

one percent (0.50%) of alcohol by volume and obtained by the

alcoholic fermentation of an infusion or decoction of barley, or

other grain, sugar, malt or similar products. For the purposes of

taxation, distribution, sales, and regulation, seltzer shall mean

the same as beer as provided in this section. Beer may or may not

contain hops or other vegetable products. Beer includes, among

other things, beer, ale, stout, lager beer, porter, seltzer, and

other malt or brewed liquors, but does not include sake, known as

Japanese rice wine;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 6

6. "Beer keg" means any brewer-sealed, single container that

contains not less than four (4) gallons of beer;

7. "Beer distributor" means and includes any person licensed to

distribute beer for retail sale in this state, but does not include

a holder of a small brewer self-distribution license or brewpub

self-distribution license. The term distributor, as used in the

Oklahoma Alcoholic Beverage Control Act, shall be construed to refer

to a beer distributor;

8. "Bottle club" means any establishment in a county which has

not authorized the retail sale of alcoholic beverages by the

individual drink, which is required to be licensed to keep, mix and

serve alcoholic beverages belonging to club members on club

premises;

9. "Bottle service" means the sale and provision of spirits in

their original packages by a mixed beverage licensee to be consumed

in that mixed beverage licensee's club suite;

10. "Brand" means any word, name, group of letters, symbol or

combination thereof, that is adopted and used by a licensed brewer

to identify a specific beer, wine or spirit and to distinguish that

product from another beer, wine or spirit;

11. "Brand extension" means:

a. after October 1, 2018, any brand of beer or cider

introduced by a manufacturer in this state which

either:

(1) incorporates all or a substantial part of the

unique features of a preexisting brand of the

same licensed brewer, or

(2) relies to a significant extent on the goodwill

associated with the preexisting brand, or

b. any brand of beer that a brewer, the majority of whose

total volume of all brands of beer distributed in this

state by such brewer on January 1, 2016, was

distributed as low-point beer, desires to sell,

introduces, begins selling or theretofore has sold and

desires to continue selling a strong beer in this

state which either:

(1) incorporates or incorporated all or a substantial

part of the unique features of a preexisting low-

point beer brand of the same licensed brewer, or
r distributed in this

state by such brewer on January 1, 2016, was

distributed as low-point beer, desires to sell,

introduces, begins selling or theretofore has sold and

desires to continue selling a strong beer in this

state which either:

(1) incorporates or incorporated all or a substantial

part of the unique features of a preexisting low-

point beer brand of the same licensed brewer, or

(2) relies or relied to a significant extent on the

goodwill associated with a preexisting low-point

beer brand;

12. "Brewer" means and includes any person who manufactures for

human consumption by the use of raw materials or other ingredients

any beer or cider upon which a license fee and a tax are imposed by

any law of this state;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 7

13. "Brewpub" means a licensed establishment operated on the

premises of, or on premises located contiguous to, a small brewer,

that prepares and serves food and beverages, including alcoholic

beverages, for on-premises consumption;

14. "Cider" means any alcoholic beverage obtained by the

alcoholic fermentation of fruit juice, including but not limited to

flavored, sparkling or carbonated cider. For the purposes of the

manufacture of this product, cider may be manufactured by either

manufacturers or brewers. For the purposes of the distribution of

this product, cider may be distributed by either wine and spirits

wholesalers or beer distributors;

15. "Club suite" means a designated area within the premises of

a mixed beverage licensee designed to provide an exclusive space

which is limited to a patron or patrons specifically granted access

by a mixed beverage licensee and is not accessible to other patrons

of the mixed beverage licensee or the public. A club suite must

have a clearly designated point of access for a patron or patrons

specifically granted access by the mixed beverage licensee to ensure

that persons present in the suite are limited to patrons

specifically granted access by the mixed beverage licensee and

employees providing services to the club suite;

16. "Cocktail" means a type of mixed beverage as defined in

Section 7-102 of this title;

17. "Convenience store" means any person primarily engaged in

retailing a limited range of general household items and groceries,

with extended hours of operation, whether or not engaged in retail

sales of automotive fuels in combination with such sales;

18. "Convicted" and "conviction" mean and include a finding of

guilt resulting from a plea of guilty or nolo contendere, the

decision of a court or magistrate or the verdict of a jury,

irrespective of the pronouncement of judgment or the suspension

thereof;

19. "Designated products" means the brands of wine or spirits

offered for sale by a manufacturer that the manufacturer has

assigned to a designated wholesaler for exclusive distribution;

20. "Designated wholesaler" means a wine and spirits wholesaler

who has been selected by a manufacturer as a wholesaler appointed to

distribute designated products;

21. "Director" means the Director of the ABLE Commission;

22. "Distiller" means any person who produces spirits from any

source or substance, or any person who brews or makes mash, wort or

wash, fit for distillation or for the production of spirits (except

a person making or using such material in the authorized production

of wine or beer, or the production of vinegar by fermentation), or

any person who by any process separates alcoholic spirits from any

fermented substance, or any person who, making or keeping mash, wort

or wash, has also in his or her possession or use a still;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 8

23. "Distributor agreement" means the written agreement between

the distributor and brewer as set forth in Section 3-108 of this

title;

24. "Drug store" means a person primarily engaged in retailing

prescription and nonprescription drugs and medicines;
g or keeping mash, wort

or wash, has also in his or her possession or use a still;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 8

23. "Distributor agreement" means the written agreement between

the distributor and brewer as set forth in Section 3-108 of this

title;

24. "Drug store" means a person primarily engaged in retailing

prescription and nonprescription drugs and medicines;

25. "Event venue" means any nongovernmental location, property,

space, premises, grounds, building or buildings, or other site that

offers to the general public for rent, lease, reservation, or other

contractual use, for the hosting of a function, occasion, or event,

special, private, or public, of a temporary nature. The location,

property, space, premises, grounds, or building or buildings defined

in this paragraph shall not include those owned, leased, or occupied

by organizations exempt from taxation pursuant to the provisions of

the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);

26. "Dual-strength beer" means a brand of beer that,

immediately prior to April 15, 2017, was being sold and distributed

in this state:

a. as a low-point beer pursuant to the Low-Point Beer

Distribution Act in effect immediately prior to

October 1, 2018, and

b. as strong beer pursuant to the Oklahoma Alcoholic

Beverage Control Act in effect immediately prior to

October 1, 2018,

and continues to be sold and distributed as such on October 1, 2018.

Dual-strength beer does not include a brand of beer that arose as a

result of a brand extension as defined in this section;

27. "Fair market value" means the value in the subject

territory covered by the written agreement with the distributor or

wholesaler that would be determined in an arm's length transaction

entered into without duress or threat of termination of the

distributor's or wholesaler's rights and shall include all elements

of value, including goodwill and going-concern value;

28. "Good cause" means:

a. failure by the distributor to comply with the material

and reasonable provisions of a written agreement or

understanding with the brewer, or

b. failure by the distributor to comply with the duty of

good faith;

29. "Good faith" means the duty of each party to any

distributor agreement and all officers, employees or agents thereof

to act with honesty in fact and within reasonable standards of fair

dealing in the trade;

30. "Grocery store" means a person primarily engaged in

retailing a general line of food, such as canned or frozen foods,

fresh fruits and vegetables, and fresh and prepared meats, fish and

poultry;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 9

31. "Hotel" or "motel" means an establishment which is licensed

to sell alcoholic beverages by the individual drink and which

contains guest room accommodations with respect to which the

predominant relationship existing between the occupants thereof and

the owner or operator of the establishment is that of innkeeper and

guest. For purposes of this section, the existence of other legal

relationships as between some occupants and the owner or operator

thereof shall be immaterial;

32. "Legal newspaper" means a newspaper meeting the requisites

of a newspaper for publication of legal notices as prescribed in

Sections 101 through 114 of Title 25 of the Oklahoma Statutes;

33. "Licensee" means any person holding a license under the

Oklahoma Alcoholic Beverage Control Act, and any agent, servant or

employee of such licensee while in the performance of any act or

duty in connection with the licensed business or on the licensed

premises;

34. "Low-point beer" shall mean any beverages containing more

than one-half of one percent (1/2 of 1%) alcohol by volume, and not

more than three and two-tenths percent (3.2%) alcohol by weight,

including but not limited to beer or cereal malt beverages obtained

by the alcoholic fermentation of an infusion by barley or other
connection with the licensed business or on the licensed

premises;

34. "Low-point beer" shall mean any beverages containing more

than one-half of one percent (1/2 of 1%) alcohol by volume, and not

more than three and two-tenths percent (3.2%) alcohol by weight,

including but not limited to beer or cereal malt beverages obtained

by the alcoholic fermentation of an infusion by barley or other

grain, malt or similar products;

35. "Manufacturer" means a distiller, winemaker, rectifier or

bottler of any alcoholic beverage (other than beer) and its

subsidiaries, affiliates and parent companies;

36. "Manufacturer's agent" means a salaried or commissioned

salesperson who is the agent authorized to act on behalf of the

manufacturer or nonresident seller in this state;

37. "Meals" means foods commonly ordered at lunch or dinner and

at least part of which is cooked on the licensed premises and

requires the use of dining implements for consumption. Provided,

that the service of only food such as appetizers, sandwiches, salads

or desserts shall not be considered meals;

38. "Mini-bar" means a closed container, either refrigerated in

whole or in part, or unrefrigerated, and access to the interior of

which is:

a. restricted by means of a locking device which requires

the use of a key, magnetic card or similar device, or

b. controlled at all times by the licensee;

39. "Mixed beverage cooler" means any beverage, by whatever

name designated, consisting of an alcoholic beverage and fruit or

vegetable juice, fruit or vegetable flavorings, dairy products or

carbonated water containing more than one-half of one percent (1/2

of 1%) of alcohol measured by volume but not more than seven percent

(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is

packaged in a container not larger than three hundred seventy-five

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 10

(375) milliliters. Such term shall include but not be limited to

the beverage popularly known as a "wine cooler";

40. "Mixed beverages" means one or more servings of a beverage

composed in whole or in part of an alcoholic beverage in a sealed or

unsealed container of any legal size for consumption on the premises

where served or sold by the holder of a mixed beverage, beer and

wine, caterer, public event, charitable event or special event

license; provided, that a beer, cider, or wine mixed with

ingredients nonalcoholic in nature including, but not limited to,

water, juice, sugar, fruits, or vegetables and sold by a small

brewer, brewpub, small farm winery, or winemaker, shall not be

considered a mixed beverage so long as such small brewer, brewpub,

small farm winery, or winemaker does not also hold an on-premises

beer and wine, mixed beverage, caterer, public event, or special

event license, if permitted by law;

41. "Motion picture theater" means an establishment which is

licensed by Section 2-110 of this title to sell alcoholic beverages

by the individual drink and where motion pictures are exhibited, and

to which the general public is admitted;

42. "Nondesignated products" means the brands of wine or

spirits offered for sale by a manufacturer that have not been

assigned to a designated wholesaler;

43. "Nonresident seller" means any person licensed pursuant to

Section 2-135 of this title;

44. "Retail salesperson" means a salesperson soliciting orders

from and calling upon retail alcoholic beverage stores with regard

to his or her product;

45. "Occupation" as used in connection with "occupation tax"

means the sites occupied as the places of business of the

manufacturers, brewers, wholesalers, beer distributors, retailers,

mixed beverage licensees, on-premises beer and wine licensees,

bottle clubs, caterers, public event and special event licensees;

46. "Original package" means any container of alcoholic

beverage filled and stamped or sealed by the manufacturer or brewer;
occupation tax"

means the sites occupied as the places of business of the

manufacturers, brewers, wholesalers, beer distributors, retailers,

mixed beverage licensees, on-premises beer and wine licensees,

bottle clubs, caterers, public event and special event licensees;

46. "Original package" means any container of alcoholic

beverage filled and stamped or sealed by the manufacturer or brewer;

47. "Package store" means any sole proprietor or partnership

that qualifies to sell wine, beer and/or spirits for off-premises

consumption and that is not a grocery store, convenience store or

drug store, or other retail outlet that is not permitted to sell

wine or beer for off-premises consumption;

48. "Patron" means any person, customer or visitor who is not

employed by a licensee or who is not a licensee;

49. "Person" means an individual, any type of partnership,

corporation, association, limited liability company or any

individual involved in the legal structure of any such business

entity;

50. "Premises" means the grounds and all buildings and

appurtenances pertaining to the grounds including any adjacent

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 11

premises if under the direct or indirect control of the licensee and

the rooms and equipment under the control of the licensee and used

in connection with or in furtherance of the business covered by a

license. Provided, that the ABLE Commission shall have the

authority to designate areas to be excluded from the licensed

premises solely for the purpose of:

a. allowing the presence and consumption of alcoholic

beverages by private parties which are closed to the

general public, or

b. allowing the services of a caterer serving alcoholic

beverages provided by a private party.

This exception shall in no way limit the licensee's concurrent

responsibility for any violations of the Oklahoma Alcoholic Beverage

Control Act occurring on the licensed premises;

51. "Private event" means a social gathering or event attended

by invited guests who share a common cause, membership, business or

task and have a prior established relationship. For purposes of

this definition, advertisement for general public attendance or

sales of tickets to the general public shall not constitute a

private event;

52. "Public event" means any event that can be attended by the

general public;

53. "Rectifier" means any person who rectifies, purifies or

refines spirits or wines by any process (other than by original and

continuous distillation, or original and continuous processing, from

mash, wort, wash or other substance, through continuous closed

vessels and pipes, until the production thereof is complete), and

any person who, without rectifying, purifying or refining spirits,

shall by mixing (except for immediate consumption on the premises

where mixed) such spirits, wine or other liquor with any material,

manufactures any spurious, imitation or compound liquors for sale,

under the name of whiskey, brandy, rum, gin, wine, spirits, cordials

or any other name;

54. "Regulation" or "rule" means a formal rule of general

application promulgated by the ABLE Commission as herein required;

55. "Restaurant" means an establishment that is licensed to

sell alcoholic beverages by the individual drink for on-premises

consumption and where food is prepared and sold for immediate

consumption on the premises;

56. "Retail container for spirits and wines" means an original

package of any capacity approved by the United States Bureau of

Alcohol, Tobacco, Firearms and Explosives;

57. "Retailer" means a package store, grocery store,

convenience store or drug store licensed to sell alcoholic beverages

for off-premises consumption pursuant to a retail spirits license,

retail wine license or retail beer license;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 12

58. "Sale" means any transfer, exchange or barter in any manner
hol, Tobacco, Firearms and Explosives;

57. "Retailer" means a package store, grocery store,

convenience store or drug store licensed to sell alcoholic beverages

for off-premises consumption pursuant to a retail spirits license,

retail wine license or retail beer license;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 12

58. "Sale" means any transfer, exchange or barter in any manner

or by any means whatsoever, and includes and means all sales made by

any person, whether as principal, proprietor or as an agent, servant

or employee. The term sale is also declared to be and include the

use or consumption in this state of any alcoholic beverage obtained

within or imported from without this state, upon which the excise

tax levied by the Oklahoma Alcoholic Beverage Control Act has not

been paid or exempted;

59. "Seltzer" means any beverage containing more than one-half

of one percent (0.50%) of alcohol by volume and obtained by the

alcoholic fermentation of malt, rice, grain of any kind, bran,

glucose, sugar, or molasses and combined with carbonated water and

other flavoring and labeled as "beer" by the Internal Revenue Code;

provided, that seltzer shall not include carbonated beverages mixed

with wine or spirits;

60. "Short-order food" means food other than full meals

including but not limited to sandwiches, soups and salads.

Provided, that popcorn, chips and other similar snack food shall not

be considered short-order food;

61. "Small brewer" means a brewer who manufactures less than

sixty-five thousand (65,000) barrels of beer annually pursuant to a

validly issued small brewer license hereunder;

62. "Small farm wine" means a wine that is produced by a small

farm winery with seventy-five percent (75%) or more Oklahoma-grown

grapes, berries, other fruits, honey or vegetables;

63. "Small farm winery" means a wine-making establishment that

does not annually produce for sale more than fifteen thousand

(15,000) gallons of wine as reported on the United States Department

of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of

Wine Premises Operations (TTB Form 5120.17);

64. "Sparkling wine" means champagne or any artificially

carbonated wine;

65. "Special event" means an entertainment, recreation or

marketing event that occurs at a single location on an irregular

basis and at which alcoholic beverages are sold;

66. "Spirits" means any beverage other than wine or beer, which

contains more than one-half of one percent (1/2 of 1%) alcohol

measured by volume, and obtained by distillation, whether or not

mixed with other substances in solution and includes those products

known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and

fortified wines and similar compounds, but shall not include any

alcohol liquid completely denatured in accordance with the Acts of

Congress and regulations pursuant thereto;

67. "Strong beer" means beer which, prior to October 1, 2018,

was distributed pursuant to the Oklahoma Alcoholic Beverage Control

Act, Section 1-101 et seq. of this title;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 13

68. "Successor brewer" means a primary source of supply, a

brewer, a cider manufacturer or an importer that acquires rights to

a beer or cider brand from a predecessor brewer;

69. "Tax Commission" means the Oklahoma Tax Commission;

70. "Territory" means a geographic region with a specified

boundary;

71. "Wine and spirits wholesaler" or "wine and spirits

distributor" means and includes any sole proprietorship or

partnership licensed to distribute wine and spirits in this state.

The term "wholesaler", as used in the Oklahoma Alcoholic Beverage

Control Act, shall be construed to refer to a wine and spirits

wholesaler;

72. "Wine" means and includes any beverage containing more than

one-half of one percent (1/2 of 1%) alcohol by volume and not more

than twenty-four percent (24%) alcohol by volume at sixty (60)
ship licensed to distribute wine and spirits in this state.

The term "wholesaler", as used in the Oklahoma Alcoholic Beverage

Control Act, shall be construed to refer to a wine and spirits

wholesaler;

72. "Wine" means and includes any beverage containing more than

one-half of one percent (1/2 of 1%) alcohol by volume and not more

than twenty-four percent (24%) alcohol by volume at sixty (60)

degrees Fahrenheit obtained by the fermentation of the natural

contents of fruits, vegetables, honey, milk or other products

containing sugar, whether or not other ingredients are added, and

includes vermouth and sake, known as Japanese rice wine;

73. "Winemaker" means and includes any person or establishment

who manufactures for human consumption any wine upon which a license

fee and a tax are imposed by any law of this state;

74. "Satellite tasting room" means a licensed establishment

operated off the licensed premises of the holder of a small farm

winery or winemaker license, which serves wine for on-premises or

off-premises consumption; and

75. "Straw testing" means the consumption of a de minimis

amount of an alcoholic beverage by sanitary means by the holder of

an employee license, twenty-one (21) years of age or older, to

determine the quality or desired flavor profile of such alcoholic

beverage that has been serviced, or is to be served, to a patron.

Words in the plural include the singular, and vice versa, and

words imparting the masculine gender include the feminine, as well

as persons and licensees as defined in this section.