Updated law to allow educational alcohol tasting for restaurant workers heads to governor's desk

Loretha Kirk mixes a Bamboo on Feb. 20 inside the T Room at The Jones Assembly in Oklahoma City.
Loretha Kirk mixes a Bamboo on Feb. 20 inside the T Room at The Jones Assembly in Oklahoma City.

Emergency rules enacted in January to allow Oklahoma restaurant employees to participate in educational alcohol tastings are now headed to Gov. Kevin Stitt's desk for signing once again, this time as a much expanded legislative bill.

Senate Bill 2001 passed the Oklahoma House and Senate with overwhelming support in both chambers. It modernizes Oklahoma's liquor laws to prevent unnecessary fines and citations against local restaurants, bars, retail establishments and bartenders.

The bill includes additional language to allow for "straw testing" by staff, an act previously considered illegal under Oklahoma law and punishable by fines.

The bill provides a legal definition of straw testing — "the consumption of a de minimis amount of an alcoholic beverage by sanitary means by the holder of an employee license, twenty-one (21) years of age or older, to determine the quality or desired flavor profile of such alcoholic beverage that has been serviced, or is to be served, to a patron" — and makes it permissible "during operating hours."

More: Can staff menu tastings earn a citation? Oklahoma restaurant flagged for straw tests.

It also allows for retail spirits, wine or beer license holders to "host alcoholic beverage tastings," as well as for mixed beverage, beer and wine, bottle club, caterer, charitable event, public event or special event licensees to host "employee educational tastings," according to the specific standards set forth in the law.

The bill sets specific amounts that can be used and consumed by staff during tastings, how tastings can be conducted and who can participate. It follows the general rules set forth in the emergency rules passed earlier this year, making them law.

The bill also drops the annual registration fee from $375 to $75 for spirits brands that make less than 53 gallons of spirits available for purchase in a single year.

Why did Oklahoma liquor laws need updating?

The law changes come after the Oklahoma Alcoholic Beverage Laws Enforcement Commission passed emergency rules in a special meeting in early January to address concerns from the Oklahoma Restaurant Association and others in the hospitality industry, following a citation at local fine dining restaurant Mahogany.

Those rules, however, did not do anything to rectify concerns regarding the use of straw tests, a common practice in the industry in which a bartender will sample a negligible amount of a cocktail before serving it to a guest and did not apply to retail licensees as the newly passed laws do.

SB 2001 now heads to the governor's desk, where, upon his signing, it will take immediate effect.

Previous coverage on educational tastings, straw tests and ABLE Commission emergency rules

This article originally appeared on Oklahoman: Oklahoma Legislature passes bill to modernize alcohol tasting laws

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