A. A small brewer is authorized to sell to either licensed distributors or retailers. A small brewer shall elect whether it will distribute through a distributor or self-distribute to retailers; however, a small brewer may not elect to do both simultaneously. The election shall be made through notice to the ABLE Commission. Any changes to the election require immediate notification to the ABLE Commission before the change in election will take effect. A small brewer that elects to use a distributor shall be subject to the terms and conditions of the Oklahoma Alcoholic Beverage Control Act.

B. As a condition to the issuance of a Small Brewer License, such small brewer shall pay the annual fees as set forth in Section 13 of this act¹ and shall qualify with the Secretary of State of the State of Oklahoma for a permit to do business within the State of Oklahoma.

C. A small brewer may sell directly to consumers in this state if it is the holder of a brewpub license. A licensed small brewer may serve free samples of beer produced by the small brewer in this state to visitors twenty-one (21) years of age or older. Samples may only be distributed or consumed between 10:00 a.m. and 2:00 a.m. Samples of beer served by a small brewer under this section shall not be considered a “sale” of beer within the meaning of Article XXVIIIA of the Oklahoma Constitution or the Oklahoma Alcoholic Beverage Control Act. However, such samples of beer shall be considered beer removed or withdrawn from the small brewer for “use or consumption” within the meaning of this title for excise tax determination and reporting requirements.