Read the full stored bill text
ENGR. S. B. NO. 1304 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 1304 By: Coleman of the Senate
and
Strom of the House
An Act relating to alcoholic beverage licenses;
amending 37A O.S. 2021, Section 2-109, as amended by
Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp.
2025, Section 2-109), which relates to retail
spirits, wine, and beer licenses; increasing certain
tasting limits; limiting education training tasting
requirements for employees; updating statutory
references; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-109, as
amended by Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2025,
Section 2-109), is amended to read as follows:
Section 2-109. 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;
ENGR. S. B. NO. 1304 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, and F 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, and F 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;
ENGR. S. B. NO. 1304 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, and F 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;
2. Be poured by any ABLE Alcoholic Beverage Laws Enforcement
(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;
ENGR. S. B. NO. 1304 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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) one and one half (1.5)
fluid ounce ounces of spirits, two (2) six (6) fluid ounces of wine,
or three (3) twelve (12) fluid ounces of beer per consumer per day,
provided that such tasting shall not exceed:
a. six separate individual beers not more than two (2)
ounces each,
b. six separate individual wines not more than one (1)
ounce each, or
c. three separate individual spirits not more than one-
half (0.5) ounce each; 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;
ENGR. S. B. NO. 1304 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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) twelve 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 held 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 for educational purposes may be required
by an employer; however, the choice to taste or consume alcoholic
ENGR. S. B. NO. 1304 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 for employees. 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
ENGR. S. B. NO. 1304 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 by 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.
SECTION 2. This act shall become effective November 1, 2026.
ENGR. S. B. NO. 1304 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the Senate the 9th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives