{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-2-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-2-109","heading":"Retail spirits license - Retail wine license - Retail","body":"beer license.\n\nA. A retail spirits license shall authorize the holder thereof:\n\n1. To purchase wine or spirits from a wine and spirits\n\nwholesaler;\n\n2. To purchase beer from a beer distributor or from the holder\n\nof a small brewer self-distribution license;\n\n3. To sell same on the licensed premises in such containers to\n\nconsumers for off-premises consumption only and not for resale;\n\nprovided, spirits, wine and beer may be sold to charitable\n\norganizations that are holders of charitable alcoholic beverage\n\nauction or charitable alcoholic beverage event licenses; and\n\n4. To host alcoholic beverage tastings consistent with\n\nsubsections D and E of this section.\n\nB. A retail wine license shall authorize the holder thereof:\n\n1. To purchase wine from a wine and spirits wholesaler;\n\n2. To purchase wine from a small farm winemaker who is\n\npermitted and has elected to self-distribute as provided in Article\n\nXXVIII-A of the Oklahoma Constitution;\n\n3. To sell same on the licensed premises in such containers to\n\nconsumers for off-premises consumption only and not for resale;\n\nprovided, wine may be sold to charitable organizations that are\n\nholders of charitable alcoholic beverage auction or charitable\n\nalcoholic beverage event licenses; and\n\n4. To host an alcoholic beverage tasting, consistent with\n\nsubsections D and E of this section.\n\nProvided, no holder of a retail wine license may sell wine with\n\nalcohol beverage volume in excess of fifteen percent (15%).\n\nC. A retail beer license shall authorize the holder thereof:\n\n1. To purchase beer from a beer distributor;\n\n2. To purchase beer from the holder of a small brewer self-\n\ndistribution license;\n\n3. To sell same on the licensed premises in such containers to\n\nconsumers for off-premises consumption only and not for resale;\n\nprovided, beer may be sold to charitable organizations that are\n\nholders of charitable alcoholic beverage auction or charitable\n\nalcoholic beverage event licenses; and\n\n4. To host alcoholic beverage tastings consistent with\n\nsubsections D and E of this section.\n\nProvided, no holder of a retail beer license may sell a malt\n\nbeverage with alcohol beverage volume in excess of fifteen percent\n\n(15%).\n\nD. All tastings conducted under this section shall:\n\n1. Be conducted under the direct supervision of the licensee\n\nauthorized to host the tasting;\n\n2. Be poured by any ABLE Commission licensee lawfully permitted\n\nto serve alcoholic beverages, provided no wine or spirits\n\nwholesaler, beer distributor or employee of a wine or spirits\n\nwholesaler or beer distributor shall be allowed to pour samples for\n\ntastings;\n\n3. Use alcoholic beverages purchased by the licensee authorized\n\nto host the tastings from a licensed wine and spirits wholesaler,\n\nbeer distributor, self-distributor, small brewer or self-\n\ndistributing winery authorized to sell the same, and the licensee\n\nshall pay the applicable taxes on the alcoholic beverages purchased;\n\nprovided, the licensee may only provide samples of alcoholic\n\nbeverages that its license is authorized to sell;\n\n4. Be restricted to persons twenty-one (21) years of age or\n\nolder;\n\n5. Be limited to no more than one (1) fluid ounce of spirits,\n\ntwo (2) fluid ounces of wine or three (3) fluid ounces of beer per\n\nconsumer per day; and\n\n6. Be consumed on the licensed premises of the licensee\n\nauthorized to host the tastings or at a location other than the\n\nlicensed premises, provided no samples served on the licensed\n\npremises shall be permitted to be removed from the licensed\n\npremises.\n\nE. All licensees authorized to serve samples pursuant to\n\nsubsection D of this section shall ensure that:\n\n1. All samples are poured only from original sealed packaging;\n\n2. Any alcoholic beverages remaining in unsealed packaging used\n\nto provide samples, excluding spirits, are poured out by the end of\n\nthe day;\n\n3. No more than six (6) bottles of alcoholic beverages are\n\nunsealed at any given time; and\nlicensees authorized to serve samples pursuant to\n\nsubsection D of this section shall ensure that:\n\n1. All samples are poured only from original sealed packaging;\n\n2. Any alcoholic beverages remaining in unsealed packaging used\n\nto provide samples, excluding spirits, are poured out by the end of\n\nthe day;\n\n3. No more than six (6) bottles of alcoholic beverages are\n\nunsealed at any given time; and\n\n4. No person shall remove any samples from the licensed\n\npremises or location where the tasting has occurred.\n\nF. 1. Retail spirits, retail wine, and retail beer licensees\n\nshall be authorized to host educational alcoholic beverage training,\n\nwhich includes tastings, for employees who are licensed to sell such\n\nbeverages on the licensed premises in such containers to consumers\n\nfor off-premises consumption only. Alcoholic beverages for training\n\npurposes may be provided by wine and spirits wholesaler licensees\n\nand beer distributor licensees.\n\n2. All such tastings shall be consumed on licensed premises of\n\nthe licensee authorized to host the tastings or at a location other\n\nthan the licensed premises, and under the direct supervision of the\n\nlicensee. Samples shall be poured by a licensee who is lawfully\n\npermitted to serve alcoholic beverages on the licensed premises in\n\nsuch containers to consumers for off-premises consumption only in\n\nthis state. Tastings shall be restricted to employees who are\n\ntwenty-one (21) years of age or older. Participation in tastings\n\nfor educational purposes may be required by an employer; however,\n\nthe choice to taste or consume alcoholic beverages shall always be\n\nvoluntary. No employee may be required to taste or consume alcohol\n\nat tastings as a condition of employment.\n\n3. An educational tasting of beer may consist of not more than\n\nsix separate individual beers of not more than two (2) ounces each,\n\nserved together at one time. No employee may sample more than a\n\ntotal of twelve (12) fluid ounces of beer per day. An educational\n\ntasting of wine may consist of not more than six separate individual\n\nwines of not more than one (1) ounce each, served together at one\n\ntime. No employee may sample more than a total of six (6) fluid\n\nounces of wine per day. An educational tasting of spirits shall\n\nconsist of not more than three separate individual spirits of not\n\nmore than one-half (0.5) ounce each, served together at one time.\n\nNo employee may sample more than a total of one and one-half (1.5)\n\nfluid ounces of spirits per day. No employee may sample more than a\n\ntotal of twelve (12) ounces of beer, six (6) ounces of wine, or one\n\nand one-half (1.5) ounces of spirits per day. Only one type of\n\nalcoholic beverage of beer, wine, or spirits shall be allowed at any\n\neducation training tasting. No combination tasting shall be\n\nallowed. Employees who choose to taste an alcoholic beverage but do\n\nnot wish to consume the alcoholic beverage shall be allowed to spit\n\nthe beverage into a cup for disposal. Employees may participate in\n\neducational tastings before, during, or after regular business hours\n\nunless otherwise prohibited by law. All licensees serving samples\n\nof beer shall ensure that all samples are poured only from original\n\nsealed packaging and any alcoholic beverages remaining in unsealed\n\npackaging used to provide samples, excluding spirits and wine, are\n\npoured out by the end of the day. No more than six bottles of\n\nalcoholic beverages may be unsealed at any given time during a\n\ntasting. All packaging containing samples of wine and spirits shall\n\nbe clearly marked as a sample and any unused portions of the sample\n\nof wine or spirits shall be resealed and retained by the wine and\n\nspirits wholesaler for use at the next tasting authorized in this\n\nparagraph. Wine and spirits wholesaler employees may transport any\n\nresealed samples of wine and spirits in their vehicles. Beer, wine,\n. All packaging containing samples of wine and spirits shall\n\nbe clearly marked as a sample and any unused portions of the sample\n\nof wine or spirits shall be resealed and retained by the wine and\n\nspirits wholesaler for use at the next tasting authorized in this\n\nparagraph. Wine and spirits wholesaler employees may transport any\n\nresealed samples of wine and spirits in their vehicles. Beer, wine,\n\nand spirits samples shall not be considered withdrawn from the\n\ninventory of the beer distributor or wine and spirits wholesaler for\n\npurposes of the collection of the excise tax on beer, wine, and\n\nspirits. Tastings offered to licensees by wine and spirits\n\nwholesalers and beer distributors shall not be deemed discrimination\n\nor an inducement under Section 3-123 of this title.","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":"c0c35c534e30aaa1fb1b4b70f47ffffe86ad0078ce36a9d25a9776767020cddf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-108","next":"us-ok/okla.-stat.-tit.-37a-37a-2-110"},"notice":"GroundRules: Original legal text. Not legal advice."}