§ 37-163.1. Intoxicating beverages and low-point beer distinguished - Application of statute.

All beverages containing more than three and two-tenths percent (3.2%) alcohol by weight and all mixed beverage coolers, as defined in Section 506 of this title, regardless of percent of alcoholic content, are hereby declared to be intoxicating.  All beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight are hereby declared to be low-point beer.  Wherever the term "nonintoxicating beverage" or "nonintoxicating malt beverage" appears in the Oklahoma Statutes, such term shall be construed to mean low-point beer.  The manufacture, distribution and sale of low-point beer, including but not limited to beer or cereal malt beverages, are hereby declared subject to the provisions of Section 163.1 et seq. of this title.  Provided, that nothing herein shall prevent a person from making low-point beer, as defined by Section 163.2 of this title, by simple fermentation for personal use if the maker of such beverages has first applied for and possesses a valid personal use permit issued by the Alcoholic Beverage Laws Enforcement Commission, as provided in Section 4 of this act, and the total volume of low-point beer produced in any given calendar year is less than two hundred (200) gallons.  No beverage made pursuant to a personal use permit shall be sold or offered for sale.

Added by Laws 1947, p. 285, § 1, emerg. eff. April 24, 1947.  Amended by Laws 1988, c. 93, § 1, emerg. eff. March 31, 1988; Laws 1995, c. 274, § 8, eff. Nov. 1, 1995; Laws 2010, c. 229, § 1.