Guidance for Oklahoma Winemakers and Small Farm Wineries
Your Complete Resource for Winery Licensing and Compliance in Oklahoma
Licensing
Guidelines for acquiring and renewing winemakers licenses in Oklahoma.
Licensing Definitions
I want to be a winemaker. What licenses do I need to start?
Small Farm Winery License:
Producers that make less than 15,000 gallons of wine per year ( total winery production, regardless of where the wine is sold).
Winemaker's License:
Producers that make 15,000 gallons of wine per year or more ( total winery production, regardless of where the wine is sold)
If I currently have a Winemaker’s License, can I switch back to a Small Farm Winery License?
Yes. You must apply again for a Small Farm Winery License and relinquish your Winemaker’s License.
Can I have a Small Farm Winery License and a Small Brewers License?
Yes. Federally, when registering with TTB, both licenses can be registered to the same person and place. However, in the State of Oklahoma, the licenses can be the same ownership, but must have different addresses. This is because they are defined as separate businesses.
The Small Farm Winery license can be applied for via the ABLE Commission. Along with the application and fee ($100.00), you will need:
- A certificate of liability insurance showing coverage for both bodily injury and property damage
- A deed, lease, management agreement, or sales contract for the property where wine is being produced.
- A permit from the Trade and Taxation Bureau (TTB) of the United States Treasury is required before an ABLE license can be issued.
- A Certificate of Compliance from the city or county where the business is located stating all building codes for zoning, fire, safety, and health are in compliance or are not required.
- A Tax Statement from the County Treasurer’s office stating no real or personal property taxes are owed for each partner of the business.
License Renewal
When your active license is nearing expiration, you must renew online. ABLE will no longer mail out renewal notices or license.
If you don’t have an online account yet:
- Register an online account
- Call 405-521-3484 and press option 1 or 2
- Or, email [email protected] to have your current license number linked to your online account
- Once your license number is linked, log in to your online account, go to the HOME tab, click the heading below MY RECORDS. The license number will show below to the far right. Click RENEW APPLICATION.
If you do not have a current license OR your license has expired:
- Register an online account
- Click the ABLE tab to begin applying for a license
- Complete disclaimer and click CONTINUE
- From the list of headings, select INDIVIDUAL LICENSES
- Select the license that you need
Distribution
Guidelines for distributing wine under a Winemaker’s License or Small Farm Winery License.
Self-Distribution
How does a holder of a Winemaker’s or Small Farm Winery license self-distribute?
You will need a Self-Distribution license through the ABLE Commission. There are two tiers to this license depending on how much wine you are producing (not based on wine you are planning to distribute).
If you have:
- Winemaker’s License (you are producing ≥ 10,000 gallons) then your self-distribution license fee is $750.00.
- Small Farm Winery License (you are producing < 10,000 gallons) then your fee is $350.00.
You are not allowed to distribute more than 15,000 gallons.
You are not allowed to self-distribute and use a wholesaler.
You must own or lease the vehicle used to distribute the wine.
Distributing Through Farm Hubs
What is a Farm Hub?
According to the State of Oklahoma, a “Farm Hub” is a designated area where farm food and value-added products from approved sources are sold on consignment basis for farm food producers
Can a holder of a Winemaker’s or Small Farm Winery license leave product to be sold on consignment via Farm Hubs if the Farm Hub does not have a wine retail license from the ABLE Commission?
Due to the winemaker not being present and the Farm Hub’s lack of grocery store or retail store licensure, alcoholic beverages cannot be sold on consignment to a Farm Hub unless they hold a wine retail license from the ABLE Commission.
Events
Guidelines for hosting wine events under a Winemaker’s License or Small Farm Winery License.
Guidance on Wine Tastings
Can Small Farm Winery and Winemaker's License holders serve tastings on restaurant and liquor store premises?
According to 37A § 2-109 and 37A § 2-104:
- If you are bringing product into a restaurant or liquor store to provide samples of your product with the intention of gaining a placement, you are allowed to bring bottles directly from the winery to sample.
- If you are setting up a booth to sample the public in a liquor store setting, you must sell the product to the liquor store and re-purchase it back to open and sample the public. This is for tax purposes.
Can a holder of a Winemaker's or Small Farm Winery license open a satellite tasting room?
Yes. According to Statute tit. 37A § 2-160:
A satellite tasting room license shall authorize the holder of a small farm winery license or winemaker license to operate no more than two satellite locations in addition to his or her licensed premises for the purpose of providing tastings, samples and retail sales for on-premises or off-premises consumption to consumers over twenty-one (21) years of age; provided the wine tasted, sampled or sold shall have been produced/manufactured by the holder of a small farm winery or winemaker license and shall have all manufacturing taxes paid.
The holder of a small farm winery license or winemaker license must obtain approval for each satellite location from the city, town or municipality before submitting the application to the ABLE Commission. The fee for licensing each satellite location will be One Hundred Dollars ($100.00) annually.
Can a holder of a Winemaker's or Small Farm Winery license serve flights of wine?
You CANNOT serve more than two drinks to any one person at one time. You can serve a tasting flight of not more than four separate individual wines (max. 1.5oz each). Tasting flights shall not be free samples.
Farmer's Markets, Trade Shows, and Public Events
According to ABLE statute 37A § 2-104: 5-6., if you hold a Small Farm Winery license, you are authorized to participate in events to sell wine in two ways.
Serving Free Samples
Small Farm Winery license holders may serve free samples of wine produced at the winery at public events such as festivals and tradeshows. This includes farmers markets.
Selling Wine
Small Farm Winery license holders may sell wine produced at the winery in bottles and glasses, for either on-premises or off-premises consumption at public events such as festivals and trade shows. This includes farmers markets.
What types of events may Small Farm Winery license holders set up booths or tables?
HB2178 also broadens the definition of locations in which a Small Farm Winery license holders cans set up their tables or booths. In addition to festivals, tradeshows, and farmers markets, Small Farm Winery license holders may also set up at:
- Boat shows, home and garden shows, car shows
- Swap meets, sporting events, city events, county events
- Public events where location holds retail beer, wine and spirits license, caterer’s license, other winery licenses, charitable auction license, or brewpub license
Requirements for Event Set-Up
- Your winemaker's license must be displayed.
- If the event does not have an ABLE special event license, a designated “beer garden” area must be roped off to allow “controlled area” for consumption to take place.
- Type II signs are required at point of sale.
- “A small farm winery, winemaker, or small brewer’s license shall not be required to control the consumer leaving the premises once served”
Additional Details
- If the event has an event license, consumers can walk around with their glass of wine freely.
- Multiple wineries can combine to share “beer garden” area.
- If the event does not have an event license and a consumer does not want to stay in the enclosed beer garden area, the winery may sell their wine in the original sealed container for “off premise consumption”. I.e., ten feet away from set up. An example would be selling cans and having the consumer open them themselves as soon as they walk away from your area.
- With the enaction of HB2178 that goes into effect November 1st, 2024, blended wine-based products (such as sangria) can now be made at the event location rather than pre-batched at the winemaking facility.
- Holders of a Winemaker license are not allowed to set up at markets, tradeshows, etc. in order to give the advantage to our smaller producers and prevent commercial wineries from dominating the event market.
Can a holder of a Winemaker or Small Farm Winery license host an event off premise?
Yes. According to Title 45 § 25 1-6: A brewer, small brewer, or small farm winery licensees may obtain an Off-Site Event license by making application to the ABLE Commission. (b) The location of the off-site event shall include a designated area within the location designed to provide an exclusive space which may be limited to the public and a designated point of access for a patron or patrons specifically granted access to ensure that persons present in the designated area are above twenty-one (21) years of age. (c) The fee shall be twenty-five ($25) dollars per each Off-site Event license issued.
- Small Farm Wineries are allowed four event license per year.
- In the event of multiple wineries joining together to participate in their own wine festival, each winery involved must register and use one of their four yearly event licenses.
- If the event is being put on by an outside entity, the event planning group/host/facility can get an event license and have as many wineries as they would like under their license.
