A distiller license shall authorize the holder thereof:
1. To manufacture, bottle, package and store spirits on licensed premises;
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; and
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 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 XXVIIIA of the Oklahoma Constitution or Section 3 of this act; provided, such samples of spirits shall be considered removed or withdrawn from the distillery for use or consumption within the meaning of Section 113 of this act for excise tax determination and reporting requirements.
Added by Laws 2016, c. 366, § 15, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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