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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3213 By: Humphrey
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2-103, as amended by Section 5,
Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 2-103), which relates to distiller licenses;
removing prohibition of distiller operating a premise
in certain locations; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-103, as
amended by Section 5, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 2-103), is amended to read as follows:
Section 2-103. A. A distiller license shall authorize the
holder thereof:
1. To manufacture, bottle, package and store spirits on
licensed premises;
2. To sell spirits in this state to licensed wholesalers and
manufacturers only;
3. To sell spirits out of this state to qualified persons; to
purchase from licensed distillers and rectifiers in this state, and
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import spirits from without this state for manufacturing purposes in
accordance with federal laws and regulations;
4. To serve free samples of spirits produced only by the
licensee to visitors twenty-one (21) years of age and older. For
purposes of this section, no visitor may sample more than a total of
three (3) fluid ounces of spirits per day. The distiller shall
restrict the distribution and consumption of spirits samples to an
area within the licensed premises designated by the distiller. 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 spirits served by a distiller under this section shall
not be considered a sale of spirits within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1-103 of this
title; provided, such samples of spirits shall be considered removed
or withdrawn from the distillery for use or consumption within the
meaning of Section 5-110 of this title for excise tax determination
and reporting requirements;
5. To sell spirits produced by the licensee for either on-
premises or off-premises consumption to consumers on the licensed
distillery premises or in an area controlled by the licensee located
contiguous to the licensed distillery premises and at one (1)
location controlled by the licensee located in the same county as
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the licensed distillery premises but not contiguous to the licensed
distillery premises. Spirits offered for sale by the Oklahoma-
licensed distiller will have been sold to and shipped to an
Oklahoma-licensed wine and spirits wholesaler and then made
available for purchase by the Oklahoma-licensed distiller for sale;
and
6. To sell spirits at public events such as trade shows or
festivals. Products offered for sale by the Oklahoma-licensed
distiller will have been sold to and shipped to an Oklahoma-licensed
wine and spirits wholesaler and then made available for purchase by
the Oklahoma-licensed distiller.
B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall not exceed fifteen thousand (15,000) gallons
per calendar year in combination.
C. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall be a final sale. Licensed distillers may
offer for sale non-alcoholic substances which may be added to
spirits by the consumer after final sale. Substances used for on-
premises consumption shall be non-alcoholic in nature and shall not
be considered part of the manufacturing process.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15551 JL 12/19/25