Oklahoma Brew Pubs

I see a few advertisments (online) for Brew Pubs (On premise brewing and serving) in the Oklahoma City area, but can't find much information on the laws around this. How difficult is it to open a Brew Pub in Oklahoma and is there any possibility to also distribute out of one?

ABLE Title 37, iirc, are the brewing laws.

No self distribution permitted.

yeah, so get a lawyer?

Title 37 is prevention of youth access. I've read the ABLE stuff, but I must be too simple minded because it's not extremely clear.

If it is stronger than 3.2 you can't sell on premises, unless the stronger beers are sold to a distributor and then resold back to said brew pub. Just read an article on Spring Loaded Brewery which has been jumping through hoops trying to open in Sand Springs, Ok for the past 5 years, or so. Gotta get some laws changed!

GarageDweller said:

If it is stronger than 3.2 you can't sell on premises, unless the stronger beers are sold to a distributor and then resold back to said brew pub. Just read an article on Spring Loaded Brewery which has been jumping through hoops trying to open in Sand Springs, Ok for the past 5 years, or so. Gotta get some laws changed!

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Yeah I had heard about this clause. It's pretty ridiculous. What's preventing the brewer for selling to the distributor for $1 then buying it back for $1?

Looks like just going the traditional brewery route will be a lot more logical here in Oklahoma as a third party Distributor would be required either way.

I was thinking along the lines of, start a brew pub and a distribution company at the same time, under a different name and self-deliver that $hite to yourself. I think the law isn't really meant to stop any company from selling their own brews, but more-so to funnel some (more) money into the distribution companies, which are owned by the BMC's. Someone with deep pockets is keeping the people of this state from even having a chance to vote on any of our draconian liquor laws. The whole 3.2 beer thing is completely asinine. Citizens in this state aren't able to chose what products they consume.? We need legislators and beurocrats to decide for us?! Then our representatives talk about being conservative and keeping government out of regular folks business.
sorry for the rant.

GarageDweller said:

I was thinking along the lines of, start a brew pub and a distribution company at the same time, under a different name and self-deliver that $hite to yourself. I think the law isn't really meant to stop any company from selling their own brews, but more-so to funnel some (more) money into the distribution companies, which are owned by the BMC's. Someone with deep pockets is keeping the people of this state from even having a chance to vote on any of our draconian liquor laws. The whole 3.2 beer thing is completely asinine. Citizens in this state aren't able to chose what products they consume.? We need legislators and beurocrats to decide for us?! Then our representatives talk about being conservative and keeping government out of regular folks business.
sorry for the rant.

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I think you are spot on. I am a conservative myself and this still drives me NUTS! On your point of opening two business I believe you would be walking a fine line, but it "could" be possible if they are both operated as a corporation then they would be a separate entity.

I think if I pursue anything it would be a brewery first brewpub 2nd if there is enough interest. The restaurant business is not something I have a large passion for, or would know how to get started (I don't know how to get a brewery started either, but there is a passion.)

I've heard that if you get an additional Winery License that you can then sell beer in excess of 3.2 on the same premises that it is brewed. You supposedly have to make a certain size batch of wine every year, but you don't have to sell it. I've heard this from a few people...could be Okie Urban Beer Myth, but I wonder what the additional costs would be. Also, would mead or barley wine count?

So I am in SWOK and trying to get a small brewery (~3bbl) with a tasting room going. Think nano! Initially I want to be serving only onsite and later self distro out when my brand is built sufficiently. Can anyone help with this? I cannot seem to understand the damn ABLE laws! I've called and emailed ABLE with no replies on this particular issue! I am getting very frustrated! Is this law still true that I will only be able to brew 3.2% by weight and serve onsite? Or brew higher abw, sell to a distributor, and they sell back? This will be plain ridiculous! Can you really see the distributors selling MY beer back to me without making a big profit? I mean for GODs sake, it's mine beer and I don't have alot of money to open a 30 bbl package brewery like I want, so I have to start small and the only way to make ANY money on this size is serve only onsite at first!

I know there are some good CRAFT session (3.2) beers but my vision isn't a session brewery. Although I do plan on having sessions on my regular flow. So when I saw this I knew that half or more of my intended portfolio was wipe away with this law. Cause can you really see an IPA under 3.2%??? NO! There's no such thing...thats a damn bitter! And the same goes for many more! I mean come on!!!!!!

Please provide comments and let me know if any brewers and/or the Brewers Guild is working this sadly embarassing issue! I want in and want to help repell it!!! We have to stand together and make the asinine hear our voice. Lets be proactive! Far too much I hear, and do myself, the complaints and opinions and no acts!

Timothy Hicks
Current Brewmaster, Impact Zone Brewery
Owner/Brewmaster, in planning Oklahoma's next nano!

southpawbrasserie said:

So I am in SWOK and trying to get a small brewery (~3bbl) with a tasting room going. Think nano! Initially I want to be serving only onsite and later self distro out when my brand is built sufficiently. Can anyone help with this? I cannot seem to understand the damn ABLE laws! I've called and emailed ABLE with no replies on this particular issue! I am getting very frustrated! Is this law still true that I will only be able to brew 3.2% by weight and serve onsite? Or brew higher abw, sell to a distributor, and they sell back? This will be plain ridiculous! Can you really see the distributors selling MY beer back to me without making a big profit? I mean for GODs sake, it's mine beer and I don't have alot of money to open a 30 bbl package brewery like I want, so I have to start small and the only way to make ANY money on this size is serve only onsite at first! I know there are some good CRAFT session (3.2) beers but my vision isn't a session brewery. Although I do plan on having sessions on my regular flow. So when I saw this I knew that half or more of my intended portfolio was wipe away with this law. Cause can you really see an IPA under 3.2%??? NO! There's no such thing...thats a damn bitter! And the same goes for many more! I mean come on!!!!!! Please provide comments and let me know if any brewers and/or the Brewers Guild is working this sadly embarassing issue! I want in and want to help repell it!!! We have to stand together and make the asinine hear our voice. Lets be proactive! Far too much I hear, and do myself, the complaints and opinions and no acts! Timothy Hicks Current Brewmaster, Impact Zone Brewery Owner/Brewmaster, in planning Oklahoma's next nano!

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From what I understand you have to go through not one but two distributors and then you can buy your beer back. The distributors have a ton of cash and keep the local crafts from self distribution just to pad their pockets. They pay off the politicians to keep any laws like that from even being voted on. The most logical way to start a brewery is to start with your own tap room/brew pub. I agree with you 110%. I've been writing our representation pretty damn often. They make it hard for local small breweries to start yet places like BJs take root and thrive well in OKC. It just doesn't make any sense because the taxes from these local places would be extremely beneficial to Oklahoma...smh.

I came from a VERY Liberal State, (Washington), and move to a "conservative state" that has stricter laws with regards to Beer than the one I left. This is amazing me.
I agree with all of the above and am willing to try and do something about it!!

http://www.okhouse.gov/Members/Default.aspx

http://www.oksenate.gov/Senators/Default.aspx?selectedtab=0

Write your representation. I bug mine frequently. Wineries can self distribute but for some reason the look down on beer. It's nice that we have brewers putting up with it and doing their thing here. Proud to support all of those I can

Thank you these Zeptrey.
I will start writing right now

There isn't much I can do about the laws. I did just come back from a 10bbl brewpub build in Utah and it was tough but not impossible. They had the 3.2 brewing law but you could brew high if you packaged in anything other than a keg.

Anyway, if I can be of any help let me know. I'm in southwest Kansas. Not to far from you. Don't let the location fool you though. My company is not from here. Myself and my contracted employees are from all over the country and have been working in the brewing industry for a significant periods of time.

Good Luck



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