2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-2-104. Winemaker license

Text effective Oct. 1, 2018. See, also, Title 37 for text effective until Oct. 1, 2018.

A winemaker license shall authorize the holder thereof:

1. To manufacture (including such mixing, blending and cellar treatment as authorized by federal law), bottle, package and store on licensed premises wine containing not more than twenty-four percent (24%) alcohol by volume, provided the bottle or package sizes authorized shall be limited to the capacities approved by the United States Alcohol and Tobacco Tax and Trade Bureau;

2. To sell wine in this state to licensed wholesalers and manufacturers;

3. To sell bottles of wine produced at the winery from grapes and other fruits and berries grown in this state, if available, to consumers on the premises of the winery;

4. To serve free samples of wine produced at the winery to visitors twenty-one (21) years of age and older. For purposes of this section, no visitor may sample more than a total of six (6) fluid ounces of wine per day. The winery shall restrict the distribution and consumption of wine samples to an area within the licensed premises designated by the winery. A current floor plan that includes the designated sampling area shall be on file with the ABLE Commission. No visitor under twenty-one (21) years of age shall be permitted to enter the designated sampling area when samples are being distributed and consumed. Samples of wine served by a winery under this section shall not be considered a sale of wine within the meaning of Article XXVIIIA of the Oklahoma Constitution or Section 3 of this act; provided, such samples of wine shall be considered removed or withdrawn from the winery for use or consumption within the meaning of Section 113 of this act for excise tax determination and reporting requirements;

5. To serve samples of wine produced at the winery at public events such as festivals and trade shows;

6. To sell wine produced at the winery, in original sealed containers, at public events such as festivals and trade shows;

7. To sell wine out of this state to qualified persons; and

8. To purchase from licensed winemakers, distillers and rectifiers in this state, and to import into this state wine, brandy and fruit spirits for use in manufacturing in accordance with federal laws and regulations.

Added by Laws 2016, c. 366, § 16, eff. Oct. 1, 2018.

NOTE: This section shall become effective October 1, 2018, upon certification of election returns favoring passage of the Constitutional Amendment proposed in Senate Joint Resolution No. 68 of the 2nd Session of the 55th Oklahoma Legislature.