Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 30 - Manufacturers, Wine and Spirit Wholesalers, Brewers, Nonresident Sellers and Beer Distributors › Subchapter 3 - Manufacturers and Wine and Spirits Wholesalers › Section 45:30-3-1 - Certain Manufacturer discrimination prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a) Every Manufacturer who does not designate
				one wine and spirits wholesaler as its only wholesaler with the ABLE
				Commission, before selling or offering to sell any alcoholic beverages to Wine
				and Spirits Wholesalers shall file with the Director a written statement sworn
				to by him, or in case of a corporation, one of its principal officers, in which
				he shall agree that he will sell any of the brands or kinds of such alcoholic
				beverages manufactured or distributed by him to any licensed Wine and Spirits
				Wholesaler, and that all such sales will be made to all such Wine and Spirits
				Wholesalers in this State at the same current price and without
				discrimination.
(b) Each Distiller,
				Manufacturer and Nonresident Seller not designating a single wine and spirits
				wholesaler shall register with the Oklahoma Alcoholic Beverage Laws Enforcement
				Commission, in such form as prescribed by the Director, a complete list of all
				items of alcoholic beverages to be offered for sale in this State which shall
				include brand, type, container, size, proof and age. Wines and champagnes
				registered shall show the alcoholic content thereof. The number of containers
				in each case shall also be shown and such other information as may be required
				by the Director.
(c) The
				registration filed by a Manufacturer or Nonresident Seller shall include the
				cash price F.O.B., the Manufacturer's warehouse or the point from which the
				Manufacturer will make shipment and shall not include the gallonage tax imposed
				by the Oklahoma Alcoholic Beverage Control Act. Said listings shall show the
				place from where shipments will be made and the price per case for each size of
				original packages of each particular brand or kind of alcoholic beverages sold
				or offered for sale by such Manufacturer, and shall contain such other
				information as the Director may require.
(d) A non-designating Manufacturer shall be
				deemed to have discriminated among Wine and Spirits Wholesalers if he shall,
				either directly or indirectly, or by any agent or employee:
(1) Offer to sell, or sell alcoholic
				beverages on credit, or in any manner, to a Wine and Spirits Wholesaler at a
				price less than the listed current price which he has filed with the
				Director;
(2) Pay, or offer to pay,
				any of the transportation cost of any such alcoholic beverages sold or offered
				for sale by him to a licensed Wine and Spirits Wholesaler;
(3) Make or offer to make any secret rebate
				to, or enter into any transaction in any manner whatsoever with any Wine and
				Spirits Wholesaler at a price less than the current price which he has filed
				with the Commission. The furnishing and distribution of free samples of
				alcoholic beverages shall be deemed a rebate;
(4) Require a licensed Wine and Spirits
				Wholesaler to purchase in excess of one-case lots of any brand, or kind, or
				container size of such alcoholic beverages;
(5) Refuse to sell any brand or kind of
				alcoholic beverages to licensed Wine and Spirits Wholesalers in any quantity
				ordered by a Wine and Spirits Wholesaler in lots of one or more
				cases;
(6) Refuse to sell for cash
				at the listed current price any alcoholic beverages to a licensed Wine and
				Spirits Wholesaler, if such alcoholic beverages are ordered in a lot of one
				case or more;
(7) Refuse to sell
				any brand or kind of alcoholic beverage to a licensed Wine and Spirits
				Wholesaler unless the Wine and Spirits Wholesaler shall purchase or agree to
				purchase alcoholic beverage of another kind, form, quantity, or brand in
				addition to, or partially in lieu of, the brand or kind of alcoholic beverage
				specifically ordered by the licensed Wine and Spirits Wholesaler; or
(8) Fail to fill and ship orders of Wine and
				Spirits Wholesalers for alcoholic beverages in the sequence and order in which
				such purchase orders from Wine and Spirits Wholesalers are received by
				him.