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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1304 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverage licenses;
7 amending 37A O.S. 2021, Section 2-109, as amended by
8 Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp.
8 2025, Section 2-109), which relates to retail
9 spirits, wine, and beer licenses; increasing certain
9 tasting limits; limiting education training tasting
10 requirements for employees; updating statutory
10 reference; updating statutory language; 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 2-109, as
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16 amended by Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2025,
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17 Section 2-109), is amended to read as follows:
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18 Section 2-109. A. A retail spirits license shall authorize the
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19 holder thereof:
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20 1. To purchase wine or spirits from a wine and spirits
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21 wholesaler;
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22 2. To purchase beer from a beer distributor or from the holder
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23 of a small brewer self-distribution license;
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1 3. To sell same on the licensed premises in such containers to
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2 consumers for off-premises consumption only and not for resale;
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3 provided, spirits, wine, and beer may be sold to charitable
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4 organizations that are holders of charitable alcoholic beverage
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5 auction or charitable alcoholic beverage event licenses; and
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6 4. To host alcoholic beverage tastings consistent with
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7 subsections D, and E, and F of this section.
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8 B. A retail wine license shall authorize the holder thereof:
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9 1. To purchase wine from a wine and spirits wholesaler;
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10 2. To purchase wine from a small farm winemaker who is
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11 permitted and has elected to self-distribute as provided in Article
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12 XXVIII-A of the Oklahoma Constitution;
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13 3. To sell same on the licensed premises in such containers to
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14 consumers for off-premises consumption only and not for resale;
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15 provided, wine may be sold to charitable organizations that are
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16 holders of charitable alcoholic beverage auction or charitable
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17 alcoholic beverage event licenses; and
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18 4. To host an alcoholic beverage tasting, consistent with
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19 subsections D and E of this section.
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20 Provided, no holder of a retail wine license may sell wine with
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21 alcohol beverage volume in excess of fifteen percent (15%).
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22 C. A retail beer license shall authorize the holder thereof:
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23 1. To purchase beer from a beer distributor;
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Req. No. 2721 Page 2
1 2. To purchase beer from the holder of a small brewer self-
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2 distribution license;
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3 3. To sell same on the licensed premises in such containers to
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4 consumers for off-premises consumption only and not for resale;
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5 provided, beer may be sold to charitable organizations that are
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6 holders of charitable alcoholic beverage auction or charitable
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7 alcoholic beverage event licenses; and
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8 4. To host alcoholic beverage tastings consistent with
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9 subsections D and E of this section.
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10 Provided, no holder of a retail beer license may sell a malt
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11 beverage with alcohol beverage volume in excess of fifteen percent
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12 (15%).
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13 D. All tastings conducted under this section shall:
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14 1. Be conducted under the direct supervision of the licensee
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15 authorized to host the tasting;
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16 2. Be poured by any ABLE Alcoholic Beverage Laws Enforcement
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17 (ABLE) Commission licensee lawfully permitted to serve alcoholic
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18 beverages, provided no wine or spirits wholesaler, beer distributor,
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19 or employee of a wine or spirits wholesaler or beer distributor
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20 shall be allowed to pour samples for tastings;
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21 3. Use alcoholic beverages purchased by the licensee authorized
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22 to host the tastings from a licensed wine and spirits wholesaler,
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23 beer distributor, self-distributor, small brewer, or self-
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24 distributing winery authorized to sell the same, and the licensee
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Req. No. 2721 Page 3
1 shall pay the applicable taxes on the alcoholic beverages purchased;
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2 provided, the licensee may only provide samples of alcoholic
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3 beverages that its license is authorized to sell;
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4 4. Be restricted to persons twenty-one (21) years of age or
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5 older;
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6 5. Be limited to no more than one (1) one and one half (1.5)
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7 fluid ounce ounces of spirits, two (2) six (6) fluid ounces of wine,
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8 or three (3) nine (9) fluid ounces of beer per consumer per day; and
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9 6. Be consumed on the licensed premises of the licensee
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10 authorized to host the tastings or at a location other than the
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11 licensed premises, provided no samples served on the licensed
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12 premises shall be permitted to be removed from the licensed
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13 premises.
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14 E. All licensees authorized to serve samples pursuant to
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15 subsection D of this section shall ensure that:
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16 1. All samples are poured only from original sealed packaging;
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17 2. Any alcoholic beverages remaining in unsealed packaging used
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18 to provide samples, excluding spirits, are poured out by the end of
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19 the day;
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20 3. No more than six (6) twelve bottles of alcoholic beverages
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21 are unsealed at any given time; and
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22 4. No person shall remove any samples from the licensed
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23 premises or location where the tasting has occurred.
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Req. No. 2721 Page 4
1 F. 1. Retail spirits, retail wine, and retail beer licensees
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2 shall be authorized to host educational alcoholic beverage training,
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3 which includes tastings, for employees who are licensed to sell such
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4 beverages on the licensed premises in such containers to consumers
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5 for off-premises consumption only. Alcoholic beverages for training
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6 purposes may be provided by wine and spirits wholesaler licensees
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7 and beer distributor licensees.
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8 2. All such tastings shall be consumed held on licensed
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9 premises of the licensee authorized to host the tastings or at a
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10 location other than the licensed premises, and under the direct
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11 supervision of the licensee. Samples shall be poured by a licensee
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12 who is lawfully permitted to serve alcoholic beverages on the
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13 licensed premises in such containers to consumers for off-premises
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14 consumption only in this state. Tastings shall be restricted to
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15 employees who are twenty-one (21) years of age or older.
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16 Participation in tastings for educational purposes may be required
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17 by an employer; however, the choice to taste or consume alcoholic
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18 beverages shall always be voluntary. No employee may be required to
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19 taste or consume alcohol at tastings as a condition of employment.
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20 3. An educational tasting of beer may consist of not more than
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21 six separate individual beers of not more than two (2) ounces each,
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22 served together at one time. No employee may sample more than a
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23 total of twelve (12) fluid ounces of beer per day. An educational
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24 tasting of wine may consist of not more than six separate individual
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Req. No. 2721 Page 5
1 wines of not more than one (1) ounce each, served together at one
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2 time. No employee may sample more than a total of six (6) fluid
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3 ounces of wine per day. An educational tasting of spirits shall
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4 consist of not more than three separate individual spirits of not
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5 more than one-half (0.5) ounce each, served together at one time.
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6 No employee may sample more than a total of one and one-half (1.5)
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7 fluid ounces of spirits per day. No employee may sample more than a
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8 total of twelve (12) ounces of beer, six (6) ounces of wine, or one
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9 and one-half (1.5) ounces of spirits per day. Only one type of
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10 alcoholic beverage of beer, wine, or spirits shall be allowed at any
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11 education training tasting for employees. No combination tasting
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12 shall be allowed. Employees who choose to taste an alcoholic
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13 beverage but do not wish to consume the alcoholic beverage shall be
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14 allowed to spit the beverage into a cup for disposal. Employees may
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15 participate in educational tastings before, during, or after regular
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16 business hours unless otherwise prohibited by law. All licensees
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17 serving samples of beer shall ensure that all samples are poured
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18 only from original sealed packaging and any alcoholic beverages
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19 remaining in unsealed packaging used to provide samples, excluding
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20 spirits and wine, are poured out by the end of the day. No more
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21 than six bottles of alcoholic beverages may be unsealed at any given
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22 time during a tasting. All packaging containing samples of wine and
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23 spirits shall be clearly marked as a sample and any unused portions
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24 of the sample of wine or spirits shall be resealed and retained by
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Req. No. 2721 Page 6
1 the wine and spirits wholesaler for use at the next tasting
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2 authorized in by this paragraph. Wine and spirits wholesaler
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3 employees may transport any resealed samples of wine and spirits in
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4 their vehicles. Beer, wine, and spirits samples shall not be
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5 considered withdrawn from the inventory of the beer distributor or
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6 wine and spirits wholesaler for purposes of the collection of the
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7 excise tax on beer, wine, and spirits. Tastings offered to
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8 licensees by wine and spirits wholesalers and beer distributors
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9 shall not be deemed discrimination or an inducement under Section 3-
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10 123 of this title.
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11 SECTION 2. This act shall become effective November 1, 2026.
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13 60-2-2721 CAD 12/29/2025 8:51:38 AM
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Req. No. 2721 Page 7Every fact on this page links to its source, starting with the official bill record.