Okla. Stat. tit. 37A, § 37A-2-109

beer license.

A. A retail spirits license shall authorize the holder thereof:

1. To purchase wine or spirits from a wine and spirits

wholesaler;

2. To purchase beer from a beer distributor or from the holder

of a small brewer self-distribution license;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, spirits, wine and beer may be sold to charitable

organizations that are holders of charitable alcoholic beverage

auction or charitable alcoholic beverage event licenses; and

4. To host alcoholic beverage tastings consistent with

subsections D and E of this section.

B. A retail wine license shall authorize the holder thereof:

1. To purchase wine from a wine and spirits wholesaler;

2. To purchase wine from a small farm winemaker who is

permitted and has elected to self-distribute as provided in Article

XXVIII-A of the Oklahoma Constitution;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, wine may be sold to charitable organizations that are

holders of charitable alcoholic beverage auction or charitable

alcoholic beverage event licenses; and

4. To host an alcoholic beverage tasting, consistent with

subsections D and E of this section.

Provided, no holder of a retail wine license may sell wine with

alcohol beverage volume in excess of fifteen percent (15%).

C. A retail beer license shall authorize the holder thereof:

1. To purchase beer from a beer distributor;

2. To purchase beer from the holder of a small brewer self-

distribution license;

3. To sell same on the licensed premises in such containers to

consumers for off-premises consumption only and not for resale;

provided, beer may be sold to charitable organizations that are

holders of charitable alcoholic beverage auction or charitable

alcoholic beverage event licenses; and

4. To host alcoholic beverage tastings consistent with

subsections D and E of this section.

Provided, no holder of a retail beer license may sell a malt

beverage with alcohol beverage volume in excess of fifteen percent

(15%).

D. All tastings conducted under this section shall:

1. Be conducted under the direct supervision of the licensee

authorized to host the tasting;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 42

2. Be poured by any ABLE Commission licensee lawfully permitted

to serve alcoholic beverages, provided no wine or spirits

wholesaler, beer distributor or employee of a wine or spirits

wholesaler or beer distributor shall be allowed to pour samples for

tastings;

3. Use alcoholic beverages purchased by the licensee authorized

to host the tastings from a licensed wine and spirits wholesaler,

beer distributor, self-distributor, small brewer or self-

distributing winery authorized to sell the same, and the licensee

shall pay the applicable taxes on the alcoholic beverages purchased;

provided, the licensee may only provide samples of alcoholic

beverages that its license is authorized to sell;

4. Be restricted to persons twenty-one (21) years of age or

older;

5. Be limited to no more than one (1) fluid ounce of spirits,

two (2) fluid ounces of wine or three (3) fluid ounces of beer per

consumer per day; and

6. Be consumed on the licensed premises of the licensee

authorized to host the tastings or at a location other than the

licensed premises, provided no samples served on the licensed

premises shall be permitted to be removed from the licensed

premises.

E. All licensees authorized to serve samples pursuant to

subsection D of this section shall ensure that:

1. All samples are poured only from original sealed packaging;

2. Any alcoholic beverages remaining in unsealed packaging used

to provide samples, excluding spirits, are poured out by the end of

the day;

3. No more than six (6) bottles of alcoholic beverages are

unsealed at any given time; and
licensees authorized to serve samples pursuant to

subsection D of this section shall ensure that:

1. All samples are poured only from original sealed packaging;

2. Any alcoholic beverages remaining in unsealed packaging used

to provide samples, excluding spirits, are poured out by the end of

the day;

3. No more than six (6) bottles of alcoholic beverages are

unsealed at any given time; and

4. No person shall remove any samples from the licensed

premises or location where the tasting has occurred.

F. 1. Retail spirits, retail wine, and retail beer licensees

shall be authorized to host educational alcoholic beverage training,

which includes tastings, for employees who are licensed to sell such

beverages on the licensed premises in such containers to consumers

for off-premises consumption only. Alcoholic beverages for training

purposes may be provided by wine and spirits wholesaler licensees

and beer distributor licensees.

2. All such tastings shall be consumed on licensed premises of

the licensee authorized to host the tastings or at a location other

than the licensed premises, and under the direct supervision of the

licensee. Samples shall be poured by a licensee who is lawfully

permitted to serve alcoholic beverages on the licensed premises in

such containers to consumers for off-premises consumption only in

this state. Tastings shall be restricted to employees who are

twenty-one (21) years of age or older. Participation in tastings

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 43

for educational purposes may be required by an employer; however,

the choice to taste or consume alcoholic beverages shall always be

voluntary. No employee may be required to taste or consume alcohol

at tastings as a condition of employment.

3. An educational tasting of beer may consist of not more than

six separate individual beers of not more than two (2) ounces each,

served together at one time. No employee may sample more than a

total of twelve (12) fluid ounces of beer per day. An educational

tasting of wine may consist of not more than six separate individual

wines of not more than one (1) ounce each, served together at one

time. No employee may sample more than a total of six (6) fluid

ounces of wine per day. An educational tasting of spirits shall

consist of not more than three separate individual spirits of not

more than one-half (0.5) ounce each, served together at one time.

No employee may sample more than a total of one and one-half (1.5)

fluid ounces of spirits per day. No employee may sample more than a

total of twelve (12) ounces of beer, six (6) ounces of wine, or one

and one-half (1.5) ounces of spirits per day. Only one type of

alcoholic beverage of beer, wine, or spirits shall be allowed at any

education training tasting. No combination tasting shall be

allowed. Employees who choose to taste an alcoholic beverage but do

not wish to consume the alcoholic beverage shall be allowed to spit

the beverage into a cup for disposal. Employees may participate in

educational tastings before, during, or after regular business hours

unless otherwise prohibited by law. All licensees serving samples

of beer shall ensure that all samples are poured only from original

sealed packaging and any alcoholic beverages remaining in unsealed

packaging used to provide samples, excluding spirits and wine, are

poured out by the end of the day. No more than six bottles of

alcoholic beverages may be unsealed at any given time during a

tasting. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,
. All packaging containing samples of wine and spirits shall

be clearly marked as a sample and any unused portions of the sample

of wine or spirits shall be resealed and retained by the wine and

spirits wholesaler for use at the next tasting authorized in this

paragraph. Wine and spirits wholesaler employees may transport any

resealed samples of wine and spirits in their vehicles. Beer, wine,

and spirits samples shall not be considered withdrawn from the

inventory of the beer distributor or wine and spirits wholesaler for

purposes of the collection of the excise tax on beer, wine, and

spirits. Tastings offered to licensees by wine and spirits

wholesalers and beer distributors shall not be deemed discrimination

or an inducement under Section 3-123 of this title.