{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-1-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-1-103","heading":"Definitions","body":"As used in the Oklahoma Alcoholic Beverage Control Act:\n\n1. \"ABLE Commission\" or \"Commission\" means the Alcoholic\n\nBeverage Laws Enforcement Commission;\n\n2. \"Alcohol\" means and includes hydrated oxide of ethyl, ethyl\n\nalcohol, ethanol or spirits of wine, from whatever source or by\n\nwhatever process produced. It does not include wood alcohol or\n\nalcohol which has been denatured or produced as denatured in\n\naccordance with Acts of Congress and regulations promulgated\n\nthereunder;\n\n3. \"Alcoholic beverage\" means alcohol, spirits, beer and wine\n\nas those terms are defined herein and also includes every liquid or\n\nsolid, patented or not, containing alcohol, spirits, wine or beer\n\nand capable of being consumed as a beverage by human beings;\n\n4. \"Applicant\" means any individual, legal or commercial\n\nbusiness entity, or any individual involved in any legal or\n\ncommercial business entity allowed to hold any license issued in\n\naccordance with the Oklahoma Alcoholic Beverage Control Act;\n\n5. \"Beer\" means any beverage containing more than one-half of\n\none percent (0.50%) of alcohol by volume and obtained by the\n\nalcoholic fermentation of an infusion or decoction of barley, or\n\nother grain, sugar, malt or similar products. For the purposes of\n\ntaxation, distribution, sales, and regulation, seltzer shall mean\n\nthe same as beer as provided in this section. Beer may or may not\n\ncontain hops or other vegetable products. Beer includes, among\n\nother things, beer, ale, stout, lager beer, porter, seltzer, and\n\nother malt or brewed liquors, but does not include sake, known as\n\nJapanese rice wine;\n\n6. \"Beer keg\" means any brewer-sealed, single container that\n\ncontains not less than four (4) gallons of beer;\n\n7. \"Beer distributor\" means and includes any person licensed to\n\ndistribute beer for retail sale in this state, but does not include\n\na holder of a small brewer self-distribution license or brewpub\n\nself-distribution license. The term distributor, as used in the\n\nOklahoma Alcoholic Beverage Control Act, shall be construed to refer\n\nto a beer distributor;\n\n8. \"Bottle club\" means any establishment in a county which has\n\nnot authorized the retail sale of alcoholic beverages by the\n\nindividual drink, which is required to be licensed to keep, mix and\n\nserve alcoholic beverages belonging to club members on club\n\npremises;\n\n9. \"Bottle service\" means the sale and provision of spirits in\n\ntheir original packages by a mixed beverage licensee to be consumed\n\nin that mixed beverage licensee's club suite;\n\n10. \"Brand\" means any word, name, group of letters, symbol or\n\ncombination thereof, that is adopted and used by a licensed brewer\n\nto identify a specific beer, wine or spirit and to distinguish that\n\nproduct from another beer, wine or spirit;\n\n11. \"Brand extension\" means:\n\na. after October 1, 2018, any brand of beer or cider\n\nintroduced by a manufacturer in this state which\n\neither:\n\n(1) incorporates all or a substantial part of the\n\nunique features of a preexisting brand of the\n\nsame licensed brewer, or\n\n(2) relies to a significant extent on the goodwill\n\nassociated with the preexisting brand, or\n\nb. any brand of beer that a brewer, the majority of whose\n\ntotal volume of all brands of beer distributed in this\n\nstate by such brewer on January 1, 2016, was\n\ndistributed as low-point beer, desires to sell,\n\nintroduces, begins selling or theretofore has sold and\n\ndesires to continue selling a strong beer in this\n\nstate which either:\n\n(1) incorporates or incorporated all or a substantial\n\npart of the unique features of a preexisting low-\n\npoint beer brand of the same licensed brewer, or\nr distributed in this\n\nstate by such brewer on January 1, 2016, was\n\ndistributed as low-point beer, desires to sell,\n\nintroduces, begins selling or theretofore has sold and\n\ndesires to continue selling a strong beer in this\n\nstate which either:\n\n(1) incorporates or incorporated all or a substantial\n\npart of the unique features of a preexisting low-\n\npoint beer brand of the same licensed brewer, or\n\n(2) relies or relied to a significant extent on the\n\ngoodwill associated with a preexisting low-point\n\nbeer brand;\n\n12. \"Brewer\" means and includes any person who manufactures for\n\nhuman consumption by the use of raw materials or other ingredients\n\nany beer or cider upon which a license fee and a tax are imposed by\n\nany law of this state;\n\n13. \"Brewpub\" means a licensed establishment operated on the\n\npremises of, or on premises located contiguous to, a small brewer,\n\nthat prepares and serves food and beverages, including alcoholic\n\nbeverages, for on-premises consumption;\n\n14. \"Cider\" means any alcoholic beverage obtained by the\n\nalcoholic fermentation of fruit juice, including but not limited to\n\nflavored, sparkling or carbonated cider. For the purposes of the\n\nmanufacture of this product, cider may be manufactured by either\n\nmanufacturers or brewers. For the purposes of the distribution of\n\nthis product, cider may be distributed by either wine and spirits\n\nwholesalers or beer distributors;\n\n15. \"Club suite\" means a designated area within the premises of\n\na mixed beverage licensee designed to provide an exclusive space\n\nwhich is limited to a patron or patrons specifically granted access\n\nby a mixed beverage licensee and is not accessible to other patrons\n\nof the mixed beverage licensee or the public. A club suite must\n\nhave a clearly designated point of access for a patron or patrons\n\nspecifically granted access by the mixed beverage licensee to ensure\n\nthat persons present in the suite are limited to patrons\n\nspecifically granted access by the mixed beverage licensee and\n\nemployees providing services to the club suite;\n\n16. \"Cocktail\" means a type of mixed beverage as defined in\n\nSection 7-102 of this title;\n\n17. \"Convenience store\" means any person primarily engaged in\n\nretailing a limited range of general household items and groceries,\n\nwith extended hours of operation, whether or not engaged in retail\n\nsales of automotive fuels in combination with such sales;\n\n18. \"Convicted\" and \"conviction\" mean and include a finding of\n\nguilt resulting from a plea of guilty or nolo contendere, the\n\ndecision of a court or magistrate or the verdict of a jury,\n\nirrespective of the pronouncement of judgment or the suspension\n\nthereof;\n\n19. \"Designated products\" means the brands of wine or spirits\n\noffered for sale by a manufacturer that the manufacturer has\n\nassigned to a designated wholesaler for exclusive distribution;\n\n20. \"Designated wholesaler\" means a wine and spirits wholesaler\n\nwho has been selected by a manufacturer as a wholesaler appointed to\n\ndistribute designated products;\n\n21. \"Director\" means the Director of the ABLE Commission;\n\n22. \"Distiller\" means any person who produces spirits from any\n\nsource or substance, or any person who brews or makes mash, wort or\n\nwash, fit for distillation or for the production of spirits (except\n\na person making or using such material in the authorized production\n\nof wine or beer, or the production of vinegar by fermentation), or\n\nany person who by any process separates alcoholic spirits from any\n\nfermented substance, or any person who, making or keeping mash, wort\n\nor wash, has also in his or her possession or use a still;\n\n23. \"Distributor agreement\" means the written agreement between\n\nthe distributor and brewer as set forth in Section 3-108 of this\n\ntitle;\n\n24. \"Drug store\" means a person primarily engaged in retailing\n\nprescription and nonprescription drugs and medicines;\ng or keeping mash, wort\n\nor wash, has also in his or her possession or use a still;\n\n23. \"Distributor agreement\" means the written agreement between\n\nthe distributor and brewer as set forth in Section 3-108 of this\n\ntitle;\n\n24. \"Drug store\" means a person primarily engaged in retailing\n\nprescription and nonprescription drugs and medicines;\n\n25. \"Event venue\" means any nongovernmental location, property,\n\nspace, premises, grounds, building or buildings, or other site that\n\noffers to the general public for rent, lease, reservation, or other\n\ncontractual use, for the hosting of a function, occasion, or event,\n\nspecial, private, or public, of a temporary nature. The location,\n\nproperty, space, premises, grounds, or building or buildings defined\n\nin this paragraph shall not include those owned, leased, or occupied\n\nby organizations exempt from taxation pursuant to the provisions of\n\nthe Internal Revenue Code, 26 U.S.C., Section 501(c)(3);\n\n26. \"Dual-strength beer\" means a brand of beer that,\n\nimmediately prior to April 15, 2017, was being sold and distributed\n\nin this state:\n\na. as a low-point beer pursuant to the Low-Point Beer\n\nDistribution Act in effect immediately prior to\n\nOctober 1, 2018, and\n\nb. as strong beer pursuant to the Oklahoma Alcoholic\n\nBeverage Control Act in effect immediately prior to\n\nOctober 1, 2018,\n\nand continues to be sold and distributed as such on October 1, 2018.\n\nDual-strength beer does not include a brand of beer that arose as a\n\nresult of a brand extension as defined in this section;\n\n27. \"Fair market value\" means the value in the subject\n\nterritory covered by the written agreement with the distributor or\n\nwholesaler that would be determined in an arm's length transaction\n\nentered into without duress or threat of termination of the\n\ndistributor's or wholesaler's rights and shall include all elements\n\nof value, including goodwill and going-concern value;\n\n28. \"Good cause\" means:\n\na. failure by the distributor to comply with the material\n\nand reasonable provisions of a written agreement or\n\nunderstanding with the brewer, or\n\nb. failure by the distributor to comply with the duty of\n\ngood faith;\n\n29. \"Good faith\" means the duty of each party to any\n\ndistributor agreement and all officers, employees or agents thereof\n\nto act with honesty in fact and within reasonable standards of fair\n\ndealing in the trade;\n\n30. \"Grocery store\" means a person primarily engaged in\n\nretailing a general line of food, such as canned or frozen foods,\n\nfresh fruits and vegetables, and fresh and prepared meats, fish and\n\npoultry;\n\n31. \"Hotel\" or \"motel\" means an establishment which is licensed\n\nto sell alcoholic beverages by the individual drink and which\n\ncontains guest room accommodations with respect to which the\n\npredominant relationship existing between the occupants thereof and\n\nthe owner or operator of the establishment is that of innkeeper and\n\nguest. For purposes of this section, the existence of other legal\n\nrelationships as between some occupants and the owner or operator\n\nthereof shall be immaterial;\n\n32. \"Legal newspaper\" means a newspaper meeting the requisites\n\nof a newspaper for publication of legal notices as prescribed in\n\nSections 101 through 114 of Title 25 of the Oklahoma Statutes;\n\n33. \"Licensee\" means any person holding a license under the\n\nOklahoma Alcoholic Beverage Control Act, and any agent, servant or\n\nemployee of such licensee while in the performance of any act or\n\nduty in connection with the licensed business or on the licensed\n\npremises;\n\n34. \"Low-point beer\" shall mean any beverages containing more\n\nthan one-half of one percent (1/2 of 1%) alcohol by volume, and not\n\nmore than three and two-tenths percent (3.2%) alcohol by weight,\n\nincluding but not limited to beer or cereal malt beverages obtained\n\nby the alcoholic fermentation of an infusion by barley or other\nconnection with the licensed business or on the licensed\n\npremises;\n\n34. \"Low-point beer\" shall mean any beverages containing more\n\nthan one-half of one percent (1/2 of 1%) alcohol by volume, and not\n\nmore than three and two-tenths percent (3.2%) alcohol by weight,\n\nincluding but not limited to beer or cereal malt beverages obtained\n\nby the alcoholic fermentation of an infusion by barley or other\n\ngrain, malt or similar products;\n\n35. \"Manufacturer\" means a distiller, winemaker, rectifier or\n\nbottler of any alcoholic beverage (other than beer) and its\n\nsubsidiaries, affiliates and parent companies;\n\n36. \"Manufacturer's agent\" means a salaried or commissioned\n\nsalesperson who is the agent authorized to act on behalf of the\n\nmanufacturer or nonresident seller in this state;\n\n37. \"Meals\" means foods commonly ordered at lunch or dinner and\n\nat least part of which is cooked on the licensed premises and\n\nrequires the use of dining implements for consumption. Provided,\n\nthat the service of only food such as appetizers, sandwiches, salads\n\nor desserts shall not be considered meals;\n\n38. \"Mini-bar\" means a closed container, either refrigerated in\n\nwhole or in part, or unrefrigerated, and access to the interior of\n\nwhich is:\n\na. restricted by means of a locking device which requires\n\nthe use of a key, magnetic card or similar device, or\n\nb. controlled at all times by the licensee;\n\n39. \"Mixed beverage cooler\" means any beverage, by whatever\n\nname designated, consisting of an alcoholic beverage and fruit or\n\nvegetable juice, fruit or vegetable flavorings, dairy products or\n\ncarbonated water containing more than one-half of one percent (1/2\n\nof 1%) of alcohol measured by volume but not more than seven percent\n\n(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is\n\npackaged in a container not larger than three hundred seventy-five\n\n(375) milliliters. Such term shall include but not be limited to\n\nthe beverage popularly known as a \"wine cooler\";\n\n40. \"Mixed beverages\" means one or more servings of a beverage\n\ncomposed in whole or in part of an alcoholic beverage in a sealed or\n\nunsealed container of any legal size for consumption on the premises\n\nwhere served or sold by the holder of a mixed beverage, beer and\n\nwine, caterer, public event, charitable event or special event\n\nlicense; provided, that a beer, cider, or wine mixed with\n\ningredients nonalcoholic in nature including, but not limited to,\n\nwater, juice, sugar, fruits, or vegetables and sold by a small\n\nbrewer, brewpub, small farm winery, or winemaker, shall not be\n\nconsidered a mixed beverage so long as such small brewer, brewpub,\n\nsmall farm winery, or winemaker does not also hold an on-premises\n\nbeer and wine, mixed beverage, caterer, public event, or special\n\nevent license, if permitted by law;\n\n41. \"Motion picture theater\" means an establishment which is\n\nlicensed by Section 2-110 of this title to sell alcoholic beverages\n\nby the individual drink and where motion pictures are exhibited, and\n\nto which the general public is admitted;\n\n42. \"Nondesignated products\" means the brands of wine or\n\nspirits offered for sale by a manufacturer that have not been\n\nassigned to a designated wholesaler;\n\n43. \"Nonresident seller\" means any person licensed pursuant to\n\nSection 2-135 of this title;\n\n44. \"Retail salesperson\" means a salesperson soliciting orders\n\nfrom and calling upon retail alcoholic beverage stores with regard\n\nto his or her product;\n\n45. \"Occupation\" as used in connection with \"occupation tax\"\n\nmeans the sites occupied as the places of business of the\n\nmanufacturers, brewers, wholesalers, beer distributors, retailers,\n\nmixed beverage licensees, on-premises beer and wine licensees,\n\nbottle clubs, caterers, public event and special event licensees;\n\n46. \"Original package\" means any container of alcoholic\n\nbeverage filled and stamped or sealed by the manufacturer or brewer;\noccupation tax\"\n\nmeans the sites occupied as the places of business of the\n\nmanufacturers, brewers, wholesalers, beer distributors, retailers,\n\nmixed beverage licensees, on-premises beer and wine licensees,\n\nbottle clubs, caterers, public event and special event licensees;\n\n46. \"Original package\" means any container of alcoholic\n\nbeverage filled and stamped or sealed by the manufacturer or brewer;\n\n47. \"Package store\" means any sole proprietor or partnership\n\nthat qualifies to sell wine, beer and/or spirits for off-premises\n\nconsumption and that is not a grocery store, convenience store or\n\ndrug store, or other retail outlet that is not permitted to sell\n\nwine or beer for off-premises consumption;\n\n48. \"Patron\" means any person, customer or visitor who is not\n\nemployed by a licensee or who is not a licensee;\n\n49. \"Person\" means an individual, any type of partnership,\n\ncorporation, association, limited liability company or any\n\nindividual involved in the legal structure of any such business\n\nentity;\n\n50. \"Premises\" means the grounds and all buildings and\n\nappurtenances pertaining to the grounds including any adjacent\n\npremises if under the direct or indirect control of the licensee and\n\nthe rooms and equipment under the control of the licensee and used\n\nin connection with or in furtherance of the business covered by a\n\nlicense. Provided, that the ABLE Commission shall have the\n\nauthority to designate areas to be excluded from the licensed\n\npremises solely for the purpose of:\n\na. allowing the presence and consumption of alcoholic\n\nbeverages by private parties which are closed to the\n\ngeneral public, or\n\nb. allowing the services of a caterer serving alcoholic\n\nbeverages provided by a private party.\n\nThis exception shall in no way limit the licensee's concurrent\n\nresponsibility for any violations of the Oklahoma Alcoholic Beverage\n\nControl Act occurring on the licensed premises;\n\n51. \"Private event\" means a social gathering or event attended\n\nby invited guests who share a common cause, membership, business or\n\ntask and have a prior established relationship. For purposes of\n\nthis definition, advertisement for general public attendance or\n\nsales of tickets to the general public shall not constitute a\n\nprivate event;\n\n52. \"Public event\" means any event that can be attended by the\n\ngeneral public;\n\n53. \"Rectifier\" means any person who rectifies, purifies or\n\nrefines spirits or wines by any process (other than by original and\n\ncontinuous distillation, or original and continuous processing, from\n\nmash, wort, wash or other substance, through continuous closed\n\nvessels and pipes, until the production thereof is complete), and\n\nany person who, without rectifying, purifying or refining spirits,\n\nshall by mixing (except for immediate consumption on the premises\n\nwhere mixed) such spirits, wine or other liquor with any material,\n\nmanufactures any spurious, imitation or compound liquors for sale,\n\nunder the name of whiskey, brandy, rum, gin, wine, spirits, cordials\n\nor any other name;\n\n54. \"Regulation\" or \"rule\" means a formal rule of general\n\napplication promulgated by the ABLE Commission as herein required;\n\n55. \"Restaurant\" means an establishment that is licensed to\n\nsell alcoholic beverages by the individual drink for on-premises\n\nconsumption and where food is prepared and sold for immediate\n\nconsumption on the premises;\n\n56. \"Retail container for spirits and wines\" means an original\n\npackage of any capacity approved by the United States Bureau of\n\nAlcohol, Tobacco, Firearms and Explosives;\n\n57. \"Retailer\" means a package store, grocery store,\n\nconvenience store or drug store licensed to sell alcoholic beverages\n\nfor off-premises consumption pursuant to a retail spirits license,\n\nretail wine license or retail beer license;\n\n58. \"Sale\" means any transfer, exchange or barter in any manner\nhol, Tobacco, Firearms and Explosives;\n\n57. \"Retailer\" means a package store, grocery store,\n\nconvenience store or drug store licensed to sell alcoholic beverages\n\nfor off-premises consumption pursuant to a retail spirits license,\n\nretail wine license or retail beer license;\n\n58. \"Sale\" means any transfer, exchange or barter in any manner\n\nor by any means whatsoever, and includes and means all sales made by\n\nany person, whether as principal, proprietor or as an agent, servant\n\nor employee. The term sale is also declared to be and include the\n\nuse or consumption in this state of any alcoholic beverage obtained\n\nwithin or imported from without this state, upon which the excise\n\ntax levied by the Oklahoma Alcoholic Beverage Control Act has not\n\nbeen paid or exempted;\n\n59. \"Seltzer\" means any beverage containing more than one-half\n\nof one percent (0.50%) of alcohol by volume and obtained by the\n\nalcoholic fermentation of malt, rice, grain of any kind, bran,\n\nglucose, sugar, or molasses and combined with carbonated water and\n\nother flavoring and labeled as \"beer\" by the Internal Revenue Code;\n\nprovided, that seltzer shall not include carbonated beverages mixed\n\nwith wine or spirits;\n\n60. \"Short-order food\" means food other than full meals\n\nincluding but not limited to sandwiches, soups and salads.\n\nProvided, that popcorn, chips and other similar snack food shall not\n\nbe considered short-order food;\n\n61. \"Small brewer\" means a brewer who manufactures less than\n\nsixty-five thousand (65,000) barrels of beer annually pursuant to a\n\nvalidly issued small brewer license hereunder;\n\n62. \"Small farm wine\" means a wine that is produced by a small\n\nfarm winery with seventy-five percent (75%) or more Oklahoma-grown\n\ngrapes, berries, other fruits, honey or vegetables;\n\n63. \"Small farm winery\" means a wine-making establishment that\n\ndoes not annually produce for sale more than fifteen thousand\n\n(15,000) gallons of wine as reported on the United States Department\n\nof the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of\n\nWine Premises Operations (TTB Form 5120.17);\n\n64. \"Sparkling wine\" means champagne or any artificially\n\ncarbonated wine;\n\n65. \"Special event\" means an entertainment, recreation or\n\nmarketing event that occurs at a single location on an irregular\n\nbasis and at which alcoholic beverages are sold;\n\n66. \"Spirits\" means any beverage other than wine or beer, which\n\ncontains more than one-half of one percent (1/2 of 1%) alcohol\n\nmeasured by volume, and obtained by distillation, whether or not\n\nmixed with other substances in solution and includes those products\n\nknown as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and\n\nfortified wines and similar compounds, but shall not include any\n\nalcohol liquid completely denatured in accordance with the Acts of\n\nCongress and regulations pursuant thereto;\n\n67. \"Strong beer\" means beer which, prior to October 1, 2018,\n\nwas distributed pursuant to the Oklahoma Alcoholic Beverage Control\n\nAct, Section 1-101 et seq. of this title;\n\n68. \"Successor brewer\" means a primary source of supply, a\n\nbrewer, a cider manufacturer or an importer that acquires rights to\n\na beer or cider brand from a predecessor brewer;\n\n69. \"Tax Commission\" means the Oklahoma Tax Commission;\n\n70. \"Territory\" means a geographic region with a specified\n\nboundary;\n\n71. \"Wine and spirits wholesaler\" or \"wine and spirits\n\ndistributor\" means and includes any sole proprietorship or\n\npartnership licensed to distribute wine and spirits in this state.\n\nThe term \"wholesaler\", as used in the Oklahoma Alcoholic Beverage\n\nControl Act, shall be construed to refer to a wine and spirits\n\nwholesaler;\n\n72. \"Wine\" means and includes any beverage containing more than\n\none-half of one percent (1/2 of 1%) alcohol by volume and not more\n\nthan twenty-four percent (24%) alcohol by volume at sixty (60)\nship licensed to distribute wine and spirits in this state.\n\nThe term \"wholesaler\", as used in the Oklahoma Alcoholic Beverage\n\nControl Act, shall be construed to refer to a wine and spirits\n\nwholesaler;\n\n72. \"Wine\" means and includes any beverage containing more than\n\none-half of one percent (1/2 of 1%) alcohol by volume and not more\n\nthan twenty-four percent (24%) alcohol by volume at sixty (60)\n\ndegrees Fahrenheit obtained by the fermentation of the natural\n\ncontents of fruits, vegetables, honey, milk or other products\n\ncontaining sugar, whether or not other ingredients are added, and\n\nincludes vermouth and sake, known as Japanese rice wine;\n\n73. \"Winemaker\" means and includes any person or establishment\n\nwho manufactures for human consumption any wine upon which a license\n\nfee and a tax are imposed by any law of this state;\n\n74. \"Satellite tasting room\" means a licensed establishment\n\noperated off the licensed premises of the holder of a small farm\n\nwinery or winemaker license, which serves wine for on-premises or\n\noff-premises consumption; and\n\n75. \"Straw testing\" means the consumption of a de minimis\n\namount of an alcoholic beverage by sanitary means by the holder of\n\nan employee license, twenty-one (21) years of age or older, to\n\ndetermine the quality or desired flavor profile of such alcoholic\n\nbeverage that has been serviced, or is to be served, to a patron.\n\nWords in the plural include the singular, and vice versa, and\n\nwords imparting the masculine gender include the feminine, as well\n\nas persons and licensees as defined in this section.","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1a9fadf57d0e22b15609cf80539608849cd24ffe82aed08e9da0350511945994","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-1-102","next":"us-ok/okla.-stat.-tit.-37a-37a-1-104"},"notice":"GroundRules: Original legal text. Not legal advice."}