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An Act
ENROLLED SENATE
BILL NO. 1946 By: Murdock of the Senate
and
Moore of the House
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;
increasing certain number of allowed noncontiguous
locations allowed for certain licensee; allowing
certain licensee to sell certain sample spirits at
certain public events; allowing certain spirits to be
sold in certain controlled area; establishing certain
area to be considered certain distillery premises;
updating statutory language; and providing an
effective date.
SUBJECT: Alcoholic beverage licenses
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;
ENR. S. B. NO. 1946 Page 2
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
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 Alcoholic Beverage Laws Enforcement (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of spirits shall be considered removed or withdrawn from the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 two locations controlled by the licensee located in the
same county state as 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 and sample 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
ENR. S. B. NO. 1946 Page 3
licensed wine and spirits wholesaler and then made available for
purchase by the Oklahoma licensed distiller. Spirits offered for
on-premises consumption shall be in an area controlled by the
distillery and such area shall be considered the distillery
premises.
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 nonalcoholic substances which may be
added to spirits by the consumer after final sale. Substances used
for on-premises consumption shall be non-alcoholic nonalcoholic in
nature and shall not be considered part of the manufacturing
process.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1946 Page 4
Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________