Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 30 - Manufacturers, Wine and Spirit Wholesalers, Brewers, Nonresident Sellers and Beer Distributors › Subchapter 5 - Brewers, Nonresident Sellers, and Beer Distributors › Section 45:30-5-6 - Beer Distributor, Small Brewer Self-Distributor, or Brewpub Self-Distributor discrimination prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensed Beer Distributor, Small
				Brewer Self-Distributor, or Brewpub Self-Distributor before selling or offering
				to sell any beer or brewed products to any Retail Spirit, Retail Beer, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensee, shall file with the Director a written statement sworn to by him, in
				which he shall agree that he will sell any of the brands or kinds of beer or
				brewed product, distributed by him to any Retail Spirit, Retail Beer, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensee in the County at the same current price and without
				discrimination.
(b) A licensed Beer
				Distributor, Small Brewer Self-Distributor, or Brewpub Self-Distributor shall
				be deemed to have discriminated among Retail Spirit, Retail Beer, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensees if he shall, either directly or indirectly or by any agent or
				employee:
(1) Offer to sell, or sell, beer or
				brewed products to a on-premise licensee within the same county at a price less
				than the listed current price or an off-premise licensee within the same county
				at a price less than the listed current price;
(2) Make, or offer to make, any secret rebate
				to or enter into any such transaction in any manner whatsoever with any Retail
				Spirit, Retail Beer, Mixed Beverage, Beer and Wine, Caterer, Mixed
				Beverage/Caterer or Special Event licensee which would result in, or having as
				its purpose, the purchase of any such beer or brewed products by a Retail
				Spirit, Retail Beer, Mixed Beverage, Caterer or Special Event licensee at a
				price less than the current price which he has filed with the
				Director;
(3) Refuse to sell any
				brand or kind of beer or brewed products to a Retail Spirit, Retail Beer, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensee;
(4) Refuse to sell any
				brand or kind of beer or brewed products to a Retail Spirit, Retail Beer, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensee unless the Retail Spirit, Retail Beer, Mixed Beverage, Caterer or
				Special Event licensee shall purchase or agree to purchase alcoholic beverages
				of another kind, quantity, or brand in addition to, or partially in lieu of the
				brand or kind of beer brewed product specifically ordered by the Retail Spirit,
				Retail Beer, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or
				Special Event licensee;
(5) Fail to
				fill and ship orders of Retail Spirit, Retail Beer, Mixed Beverage, Beer and
				Wine, Caterer, Mixed Beverage/Caterer or Special Event licensees who have
				submitted written purchase orders for beer or brewed products in the sequence
				and order in which such written purchase orders from Retail Spirit, Retail
				Beer, Mixed Beverage, Caterer or Special Event licensees are received by
				him;
(6) Accept payment for
				merchandise from one Retail Spirit, Retail Beer, Mixed Beverage, Beer and Wine,
				Caterer, Mixed Beverage/Caterer or Special Event licensee and refuse same
				method of payment from another Retail Spirit, Retail Beer, Mixed Beverage, Beer
				and Wine, Caterer, Mixed Beverage/Caterer or Special Event licensee, without
				authority from the Director of the Commission.