Okla. Stat. tit. 37A, § 37A-2-102.1: Charitable Collaboration Brewer License

Charitable Collaboration Brewer License.

A. A charitable collaboration brewer license shall authorize

the collaborating licensed brewers and holders thereof:

1. To formulate, manufacture, bottle, package and store the

charitable collaboration beer, or any part thereof, on the licensed

premises;

2. To sell the charitable collaboration beer in this state to

holders of beer distributor licenses;

3. To sell the charitable collaboration beer out of this state

to qualified persons for the sole purpose of fundraising for the

stated charitable purposes;

4. To sell the charitable collaboration beer in this state to

holders of retail licenses;

5. To serve free samples of the charitable collaboration beer

produced by the collaborating licensed brewers to visitors twenty-

one (21) years of age or older on the collaborating brewery licensed

premises;

6. To sell the charitable collaboration beer produced by the

collaborating licensee brewers for either on-premises or off-

premises consumption to consumers on the brewery premises, or on

premises located contiguous thereto;

7. To sell the charitable collaboration beer produced by the

collaborating licensed brewers at public events such as trade shows

or festivals; and

8. To purchase the charitable collaboration beer produced by

the collaborating licensed brewers in retail containers from the

holder of a beer distributor license to sell or serve in accordance

with this section.

B. Nothing in this section shall prohibit the holder of a

charitable collaboration brewer license from also holding or owning

an interest in the holder of a brewpub license.

C. For purposes of this section, no visitor may sample more

than a total of twelve (12) fluid ounces of the charitable

collaboration beer per day. The brewer must restrict the

distribution and consumption of charitable collaboration beer

samples to an area within the licensed premises designated by the

brewer. A current floor plan that includes the designated sampling

area must be on file with the ABLE Commission. No visitor under

twenty-one (21) years of age shall be permitted to enter this

designated sampling area when samples are being distributed or

consumed. Samples of the charitable collaboration beer served by a

collaborating brewery under this section shall not be considered a

sale of beer within the meaning of Article XXVIII-A of the Oklahoma

Constitution or Section 1-103 of Title 37A of the Oklahoma Statutes;

however, such samples of the charitable collaboration beer shall be

considered beer removed or withdrawn from the brewery for use or

consumption within the meaning of Section 5-110 of Title 37A of the

Oklahoma Statutes for excise tax determination and reporting

requirements. Sales and sampling may only occur between the hours

of 10:00 a.m. and 2:00 a.m.

D. If a small brewer is a licensed charitable collaborating

brewer and such small brewer holds a self-distribution license, it

shall authorize the holder thereof to distribute the charitable

collaboration beer produced to a holder of a retail beer license,

retail spirits license, mixed beverage license, beer and wine

license, caterer's license, special event license, public event

license, charitable auction license or brewpub license. If a small

brewer has elected to distribute through a distributor or self-

distribute in a subject territory, for purposes of the charitable

collaboration brewer license such small brewer and the other

collaborating brewer may elect to do both simultaneously in a

subject territory upon notice to the ABLE Commission.

E. The ABLE Commission shall promulgate rules, forms and fees

to implement and enforce the charitable collaboration brewer

license.

F. When more than one Oklahoma-licensed brewer makes

application to the ABLE Commission to develop a charitable

e such small brewer and the other

collaborating brewer may elect to do both simultaneously in a

subject territory upon notice to the ABLE Commission.

E. The ABLE Commission shall promulgate rules, forms and fees

to implement and enforce the charitable collaboration brewer

license.

F. When more than one Oklahoma-licensed brewer makes

application to the ABLE Commission to develop a charitable

collaboration beer offering and seeks to obtain a charitable

collaboration brewer license, the ABLE Commission shall evaluate the

application based upon any of the following:

1. Whether the collaboration has a legitimate charitable

purpose in this state, another state or a national charitable

effort;

2. Whether the formula needs approval by any federal regulatory

authority;

3. Whether the Oklahoma Tax Commission has been notified of the

request for a tax exemption to allow the collaborators to transfer-

in-bond products between the licensed premises of the collaborating

brewers and whether the Tax Commission approves such transfer-in-

bond;

4. The license standing of each licensed collaborating brewer

in this state, including, but not limited to, any required storage

licenses.

Upon consideration of the application facts and detailed plans

submitted by the collaborating brewers, the ABLE Commission shall

make its determination whether or not to issue the charitable

collaboration brewer license. Upon approval of a charitable

collaboration brewer license, such license shall be issued to both

licensed brewers for the development and manufacture of a charitable

collaboration beer offering. Each licensed brewer shall be required

to post the charitable collaboration brewer license at their

licensed premises and such license number shall be clearly affixed

to any alcohol products stored or transferred-in-bond between the

collaborating breweries. The charitable collaboration beer offering

shall require a private label approved by the ABLE Commission

according to the label requirements promulgated by the ABLE

Commission rules.