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 45:30-3-6 - Wholesaler discrimination prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensed Wine and Spirits
				Wholesaler before selling or offering to sell any alcoholic beverages to any
				Retail Spirit, Retail Wine, 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, 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 alcoholic beverages distributed by him to any Retail Spirit, Retail
				Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special
				Event licensee, and that all such sales will be made to all such Retail Spirit,
				Retail Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or
				Special Event licensees in this State at the same current price and without
				discrimination, and that price lists showing the current prices will be filed
				by him in the office of the Director as often as may be necessary or required
				by the Director, but as least once each three (3) months.
(b) The said price listings filed by a
				licensed Wine and Spirits Wholesaler with the Director shall be the cash price
				per case for each size of original package of each particular brand or kind of
				alcoholic beverage sold or offered for sale by such Wine and Spirits
				Wholesaler, and shall contain such other information as the Director shall
				require.
(c) A licensed Wine and
				Spirits Wholesaler shall be deemed to have discriminated among Retail Spirit,
				Retail Wine, 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,
				alcoholic beverages to a Retail Spirit, Retail Wine, Mixed Beverage, Beer and
				Wine, Caterer, Mixed Beverage/Caterer or Special Event licensees at a price
				less than the listed current price which he has filed with the
				Director;
(2) Make, or offer to
				make, any secret rebate to or enter into any transaction with a Retail Spirit,
				Retail Wine, 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 alcoholic beverages by a Retail Spirit, Retail Wine, 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 to a Retail Spirit, Retail
				Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special
				Event licensee in less than case lots or any brand or kind or container size,
				or combination thereof, of any alcoholic beverages without express authority
				granted by the Director or the Commission for good cause;
(4) Refuse to sell any brand or kind of
				alcoholic beverages to a Retail Spirit, Retail Wine, Mixed Beverage, Beer and
				Wine, Caterer, Mixed Beverage/Caterer or Special Event licensee for cash at the
				listed current price in any particular order provided by the Retail Spirit,
				Retail Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or
				Special Event licensee without express authority granted by the Director or the
				Commission for good cause; PROVIDED, that each such Wine and Spirits Wholesaler
				in making and transmitting to the Oklahoma Tax Commission their monthly report,
				in reporting sales on all wines sold in less than case lots, shall convert
				units sold to the nearest full case;
(5) Refuse to sell any brand or kind of
				alcoholic beverages to a Retail Spirit, Retail Wine, Mixed Beverage, Beer and
				Wine, Caterer, Mixed Beverage/Caterer or Special Event licensee unless the
				Retail Spirit, Retail Wine, Mixed Beverage, Beer and Wine, Caterer, 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 alcoholic beverages specifically
				ordered by the Retail Spirit, Retail Wine, Mixed Beverage, Beer and Wine,
				Caterer, Mixed Beverage/Caterer or Special Event licensee;
(6) Fail to fill and ship orders of Retail
				Spirit, Retail Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed
				Beverage/Caterer or Special Event licensee for alcoholic beverages in the
				sequence and order in which such purchase orders from the Retail Spirit, Retail
				Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special
				Event licensee are received by him without express authority granted by the
				Director or the Commission for good cause; PROVIDED, that this paragraph shall
				not apply where the Wine and Spirits Wholesaler is operating under a rationing
				plan approved by the Director;
(7)
				Accept payment for merchandise from one Retail Spirit, Retail Wine, Mixed
				Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or Special Event
				licensee and refuse the same method of payment from another Retail Spirit,
				Retail Wine, Mixed Beverage, Beer and Wine, Caterer, Mixed Beverage/Caterer or
				Special Event licensee, without authority from the Director or the
				Commission.