reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 9 - Retail Beer Licensees › Section 45:20-9-5 - Necessity to qualify as a retailer

Current through Vol. 41, No. 20, July 1, 2024
All Retail Beer licensees shall be a bona fide retailer as
				  defined in Section 1-103 of Title 37A of the Oklahoma
				  Statutes.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 11 - Retail Wine Licensees › Section 45:20-11-2 - Acceptance of alcohol at retail location only

Current through Vol. 41, No. 20, July 1, 2024
All wine delivered to a Retail Wine licensee by a licensed
				  Wine and Spirits Wholesaler shall be made directly to the licensed retail
				  location. Retail Wine licensees shall not accept the delivery of wine to any
				  centralized distribution location owned, leased, or operated by the Retail Wine
				  licensee.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 11 - Retail Wine Licensees › Section 45:20-11-3 - Sale of other alcoholic beverages prohibited

Current through Vol. 41, No. 20, July 1, 2024
Retail Wine licensees are prohibited from selling any other
				  form of alcoholic beverage, unless the licensee also holds a Retail Beer
				  license.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 11 - Retail Wine Licensees › Section 45:20-11-4 - Employees to be licensed

Current through Vol. 41, No. 20, July 1, 2024
All employees of a Retail Wine licensee involved in the
				  selling, of wine shall hold an employee license issued by the ABLE
				  Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 11 - Retail Wine Licensees › Section 45:20-11-5 - Necessity to qualify as a retailer

Current through Vol. 41, No. 20, July 1, 2024
All Retail Wine licensees shall be a bona fide retailer as
				  defined in Section 1-103 of Title 37A of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-1 - Licensees authorized to utilize curbside and delivery methods

Current through Vol. 41, No. 20, July 1, 2024
(a) Small Brewers and Small Farm Winery
				license holders are authorized to sell alcoholic beverages they produce on the
				licensed premises at their curbside to consumers age 21 years or older in
				accordance with Title 37A O.S. § 2-161.
(b) Retail Spirit license holders are
				authorized to sell sealed original containers of beer, wine, and spirits at
				their curbside or delivered to consumers age 21 years or older in accordance
				with Title 37A O.S. § 2-161.
(c) Retail Beer, Retail Wine, Mixed Beverage,
				Caterer/Mixed Beverage, and Beer and Wine license holders are authorized to
				sell sealed original containers of beer or wine only at their curbside or
				delivered to consumers age 21 years or older in accordance with Title 37A O.S.
				§ 2-161.
(d) For purposes of
				this section, "curbside" shall mean the immediate outdoor area of the licensed
				premises that is owned, leased, or controlled by such licensee. Further,
				"delivery" shall mean the physical transportation of authorized alcoholic
				beverages to a consumer's physical location.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-2 - Signature required

Current through Vol. 41, No. 20, July 1, 2024
A valid signature of the person 21 years of age or older
				  receiving the alcoholic beverages shall be obtained at the time of each
				  delivery.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-3 - Maintaining records of delivery

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				licensees authorized to engage in alcoholic beverage delivery to consumers
				provided for in Title 37A O.S. § 2-161 shall maintain a record of each
				sale completed using delivery that includes the following information:
(1) The purchaser's name, date of birth, and
				delivery location;
(2) The name
				and license number of the licensee's employee completing the delivery; and
(3) The signature receipt of the
				consumer receiving the delivery of alcoholic beverages.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-4 - Delivery vehicle requirements

Current through Vol. 41, No. 20, July 1, 2024
All vehicles used for retail delivery of alcoholic beverages
				  shall have displayed on the outside of the vehicle, a sign in letters at least
				  three (3) inches in height and one and one-half (1 1/2) inches in width, giving
				  the name of the licensee and its Alcoholic Beverage Laws Enforcement Commission
				  license number.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-5 - Curbside and delivery hours

Current through Vol. 41, No. 20, July 1, 2024
Any licensee engaged in authorized curbside or delivery sales
				  may do so during any such time the licensee is authorized to engage in the sale
				  of alcoholic beverages. For all purposes including hours of operating delivery
				  sales, all such delivery sales shall be considered completed at the time the
				  alcoholic beverages being delivered are in the physical possession of the end
				  consumer.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-6 - Restriction on delivery area

Current through Vol. 41, No. 20, July 1, 2024
Any licensee engaged in authorized delivery sales may only do
				  so within the county the licensed premise is located, and any immediately
				  contiguous county sharing a county line border with the licensee's home county.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 20 - Retail Spirit Stores, Mixed Beverage, Caterers, Special Events and Bottle Clubs › Subchapter 13 - Curbside and Delivery Sales › Section 45:20-13-7 - Invoice or receipt required on board

Current through Vol. 41, No. 20, July 1, 2024
Any employee licensee making authorized retail alcohol
				  deliveries on behalf of a licensed establishment must carry on board the
				  delivery vehicle an invoice or physical receipt reflecting the following:
(1) the name of the licensee selling
				the alcoholic beverages;
(2) the
				name and location of the consumer purchasing the alcoholic beverages;
(3) the date and time the
				transaction occurred; and
(4) the
				price charged for the alcoholic beverages.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 1 - Winery Premises, Festivals, And Trade Shows › Section 45:25-1-1 - Samples on winery premises

Current through Vol. 41, No. 20, July 1, 2024
All samples of wine by the glass on the winery premise shall
				  be done in the designated sampling area on file with the Commission. Sales of
				  wine may be completed either within or outside the designated tasting
				  area.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 1 - Winery Premises, Festivals, And Trade Shows › Section 45:25-1-2 - Festivals defined

Current through Vol. 41, No. 20, July 1, 2024
A "festival" shall be defined as a public event that is
				  temporary in nature, the purpose of which is to celebrate, commemorate, or
				  acknowledge a particular focus or topic.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 1 - Winery Premises, Festivals, And Trade Shows › Section 45:25-1-3 - Tradeshows defined

Current through Vol. 41, No. 20, July 1, 2024
A "tradeshow" shall be defined as an event or gathering of
				  individuals or groups of people concerning the alcoholic beverage industry,
				  agriculture, or small business within this state. A tradeshow shall not mean a
				  "farmers market", unless it is officially registered and recognized by the
				  Oklahoma Department of Agriculture. The Department shall provide the ABLE
				  Commission with a list of all registered farmers markets in the State, as well
				  as written notice when a new market becomes registered.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 1 - Winery Premises, Festivals, And Trade Shows › Section 45:25-1-4 - Extension of premises

Current through Vol. 41, No. 20, July 1, 2024
When attending a trade show or festival, the location within
				  the trade show or festival occupied by the winery becomes a licensed premises
				  and extension of the licensed winery. The licensee shall set up and define an
				  area contiguous to their booth space as a serving area where the wine is
				  dispensed. Therefore, a 21 years of age and older serving area shall be
				  established and a Type II sign stating "No Persons under 21 Years of Age
				  Permitted In This Area of These Premises" shall be posted at the entrance to
				  the serving area or bar top. The licensee may only serve the wine in the
				  serving area. In the event that multiple winemakers are at the same festival,
				  they may combine their 21 year old and older serving areas into one larger area
				  as long as they are contiguous to the winemaker's booths.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 1 - Winery Premises, Festivals, And Trade Shows › Section 45:25-1-5 - Event schedule required

Current through Vol. 41, No. 20, July 1, 2024
Winemaker licensees shall complete an "Event Schedule" by the
				  1st day of the Month and submit it to the Commission listing the name,
				  location, date and time of the events. Licensees may amend their event schedule
				  throughout the month with the Commission should events be added or removed from
				  the licensees schedule.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-1 - License required

Current through Vol. 41, No. 20, July 1, 2024
A self-distribution license shall be required of all wineries
				  electing to self-distribute, so long as the self-distributing winery does not
				  produce more than 15,000 gallons of wine in a calendar year. In the event a
				  licensed self-distributing winery exceeds the production limit in a calendar
				  year, it shall cease self-distributing and only distribute using a wine and
				  spirits wholesaler.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-2 - Sales to be on same price basis

Current through Vol. 41, No. 20, July 1, 2024
All sales by a self-distributing winemaker shall be made on
				  the same price basis and without discrimination between every retail spirits,
				  retail wine, beer and wine, and mixed beverage licensee.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-3 - Price posting procedure

Current through Vol. 41, No. 20, July 1, 2024
Self-Distributing Wineries shall on the last day of each
				  month publish and distribute a complete and final schedule of posted prices to
				  all licensed customers within the State who have made purchases within the past
				  sixty (60) days immediately prior to such posting. Such list shall contain the
				  brands, types, kinds and sizes of wine offered for sale by the
				  Self-Distributing Winery, and the selling price of each, together with the
				  name, address and telephone number of the licensed Self-Distributing Winery.
				  Any request for such list by a licensed customer (verified by certified mail)
				  must be immediately furnished by the licensed Self-Distributing Winery. These
				  price lists shall be a full and complete price list of wine as posted with the
				  Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-4 - Record of sales

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				licensed Self-Distributing Winery shall keep full, complete and accurate
				records of all sales of and receipts for its products. The minimum required
				records shall include a 'sales and cash receipt record" showing clearly the
				following information:
(1) Date of
				sale.
(2) Invoice number.
(3) Name of winery and purchaser.
(4) Amount of sale.
(5) Terms (cash or C.O.D.)
(6) Date of payment.
(7) Method of payment (cash, money order,
				check, cashier's check, bank draft).
(8) Merchandise returned from
				customer.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-5 - Pooled transportation prohibited

Current through Vol. 41, No. 20, July 1, 2024
A Self-Distributing Winery shall not pool resources or make
				  any agreement concerning the delivery of alcoholic beverages with another
				  Self-Distributing Winery.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 3 - Self-Distribution License › Section 45:25-3-6 - Affidavit requirement for winemaker and small brewer self-distribution license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Winemaker Self-Distribution License.
Unless application includes a Manufacturer Affidavit of Eligibility for a Self-Distribution License certifying that the applicant for a Winemaker Self-Distribution License produced 10,000 gallons or less in the last calendar year, the applicant shall pay a $750.00 annual licensing fee as set forth in 37A O.S. § 2-101, or the amount authorized by 37A O.S. § 2-101 should the annual licensing fee be later amended. If a signed and notarized Manufacturer Affidavit of Eligibility for a Self-Distribution License is included in the application, the applicant shall pay a $350.00 annual licensing fee as set forth in 37A O.S. § 2-101, or the amount authorized by 37A O.S. § 2-101 should the annual licensing fee be later amended. If statements certified in the applicant's Manufacturer Affidavit of Eligibility for a Self-Distribution License are found to be false, the Director of the ABLE Commission may deny, refuse to renew, or cause applicant's Winemaker Self-Distribution License to be revoked, or take any other action as authorized by Oklahoma law.
(b)
Small Brewer Self-Distribution License.
Unless application includes a Manufacturer Affidavit of Eligibility for a Self-Distribution License certifying that the applicant for a Small Brewer Self-Distribution License produced 15,000 barrels or less in the last calendar year, the applicant shall pay a $750.00 annual licensing fee as set forth in 37A O.S. § 2-101, or the amount authorized by 37A O.S. § 2-101 should the annual licensing fee be later amended. If a signed and notarized Manufacturer Affidavit of Eligibility for a Self-Distribution License is included in the application, the applicant shall pay a $350.00 annual licensing fee as set forth in 37A O.S. § 2-101, or the amount authorized by 37A O.S. § 2-101 should the annual licensing fee be later amended. If statements certified in the applicant's Manufacturer Affidavit of Eligibility for a Self-Distribution License are found to be false, the Director of the ABLE Commission may deny, refuse to renew, or cause applicant's Small Brewer Self-Distribution License to be revoked, or take any other action as authorized by Oklahoma law.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 5 - Direct Shipment of Wine › Section 45:25-5-1 - License required

Current through Vol. 41, No. 20, July 1, 2024
Any winery licensed within or without this State desiring to
				  directly ship its wine products to consumers within this State shall first
				  obtain a Direct Shipper's Permit from the ABLE Commission. Proof of licensure
				  as an Oklahoma winery or foreign winery must be submitted upon application
				  along with the applicable fee proscribed by statute.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 5 - Direct Shipment of Wine › Section 45:25-5-2 - Limited amount to be shipped

Current through Vol. 41, No. 20, July 1, 2024
No Direct Shipper's Permit holder shall ship more than six
				  (6) nine liter cases of wine per year to any one individual.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 5 - Direct Shipment of Wine › Section 45:25-5-3 - Label, signature, and other shipping requirements

Current through Vol. 41, No. 20, July 1, 2024
Every Direct Shipper's Permit holder shall be required to
				  affix a label on every package being shipped to a consumer in this State the
				  words: "CONTAINS ALCOHOL: SIGNATURE OFPERSON AGE 21 OR OLDER REQUIRED FOR
				  DELIVERY". Said label shall be at a minimum four (4) inches by six (6) inches
				  in size which shall be approved by the Director prior to use by the permit
				  holder. Delivery confirmation for every direct shipment to a consumer including
				  a signature or an electronic signature of the receiving person must be received
				  by the Direct Shipper's Permit holder.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 25 - Winemakers, Self-Distribution, Direct Shipment › Subchapter 5 - Direct Shipment of Wine › Section 45:25-5-4 - Reporting required

Current through Vol. 41, No. 20, July 1, 2024
No later than February 15th, every
				  Direct Shipper's Permit holder shall submit an annual report to the Commission
				  containing the amount of wine it directly shipped into the State, and to how
				  many separate individual consumers such wine was shipped during the previous
				  calendar year. Failure of a licensee to annually report such information to the
				  Commission shall result in the revocation of the Direct Shipper's
				  Permit.
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 45:30-3-2 - Manufacturer's brand name label registration

Current through Vol. 41, No. 20, July 1, 2024
(a) No alcoholic beverage shall be sold or
				offered for sale to an Oklahoma licensed Wine and Spirits Wholesaler unless the
				brand name label shall have been registered with and approved by the Director
				of the Oklahoma Alcoholic Beverage Laws Enforcement Commission, and the
				required registration fee paid.
(b)
				The registration shall be prepared on a form approved by the Commission and
				shall include the price, brand, type, size, age, and proof of each item of
				spirits, wines, cordials, and specialties. All items of champagnes and wines
				shall show the brand, price, size and alcoholic content thereof.
(c) The registration shall be accompanied by
				a certified check, bank officer's check or draft, or money order in the amount
				of Three Hundred Seventy-Five Dollars ($375) for each brand or label that such
				Nonresident Seller, Manufacturer, or Wine and Spirits Wholesaler proposes to
				offer for sale.
(d) Should the
				application for registration of a brand name label be denied, the registration
				fee shall be returned to the applicant, less twenty-five percent (25%) of such
				fee.
(e) A separate fee will be
				required for each brand name label of spirits that differs as to name, class,
				type, age, or proof. Items that differ only as to color or flavor may be
				considered as one. Each different label other than container size will be
				considered a separate item.
(f) A
				separate fee will be required for each brand of cordials and specialties. When
				items of the brand vary only as to flavor, they may be considered as one. A
				separate fee in the amount of Three Hundred Seventy-Five Dollars ($375) shall
				be required for cordials in the following categories, to wit;
(1) specialties,
(2) flavored brandies.
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 45:30-3-3 - Manufacturer's price list

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				non-designating Manufacturers or Nonresident Sellers of spirits, wines and
				cordials and specialties are hereby required on the fifteenth day of each
				month, to register in the office of the Oklahoma Alcoholic Beverage Laws
				Enforcement Commission, Oklahoma City, Oklahoma, all items of alcoholic
				beverages, which such Manufacturer or Nonresident Seller proposes to offer for
				sale to all licensed Wine and Spirits Wholesalers in this State. Such
				registration shall be prepared on a form approved by the Commission and shall
				show the brand, price and size and alcoholic content thereof. All Manufacturer
				or Nonresident Sellers' price shall become effective on the first day of the
				second month following such registration and shall remain in effect and
				unchanged for a period of not less than one month. No change in said period
				shall be permitted except on an application therefore in writing showing good
				cause and then only with written permission of the Commission or
				Director.
(b) When a new item is
				registered, or an old item is discontinued, or any change is made by a
				Manufacturer or Nonresident Seller as to price, age, proof, label or type of
				bottle of any item offered for sale in this State, such new item, or
				discontinued items, or change in price, age, proof, label or type of bottle of
				any item, shall be listed separately on the cover page or pages of the price
				schedule, and in the case of prices changed, shall reflect both the old and the
				new price of any item changed. All new items and changes as to age, proof,
				label, or type of bottle in which any item is offered for sale shall first be
				submitted to the Director for approval under such requirements as he may deem
				proper. Approval or disapproval of price changes shall not be required if filed
				in conformity with the rule.
(1) In addition
				to the foregoing requirements, Manufacturers or Nonresident Sellers shall, at
				the same time, on regular forms provided by the Commission, reregister all
				items of alcoholic beverages which such Manufacturers or Nonresident Sellers
				had registered and offered for sale in this State during the previous price
				period.
(2) A short form of price
				registration may be permitted by the Director for any price period in which no
				new item is offered or old item discontinued, or change is made in the price,
				age, proof, label, or type of bottle of any item offered by any Manufacturer or
				Nonresident Seller. Such short form shall contain only such statements as the
				Director may require or permit.
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 45:30-3-4 - Products in short supply

Current through Vol. 41, No. 20, July 1, 2024
If any non-designating Manufacturer, or corporate subsidiary
				  of any Manufacturer who markets his products solely through a subsidiary or
				  subsidiaries, Rectifier, Distiller, Fer-menter, Winemaker, Nonresident Seller
				  or a distributor of alcoholic beverages bottled in a foreign country shall not
				  have a sufficient supply of alcoholic beverage of any of the brands or kinds
				  which he manufactures or distributes to fill and ship orders of all licensed
				  Wine and Spirits Wholesalers in this State in the sequence and order in which
				  such purchase orders are received within forty-five (45) calendar days from the
				  date the order of the licensed Wine and Spirits Wholesaler bears such, the
				  Manufacturer or distributor, Rectifier, Winemaker, or Nonresident Seller shall
				  immediately certify such fact to the Director of all such alcoholic beverage in
				  short supply. The certificate required hereunder shall be verified under oath
				  by a responsible officer or official of the Manufacturer, distributor or
				  Nonresident Seller and shall set forth in detail and in such form as may be
				  prescribed by the Commission all pertinent facts upon which the request for
				  allocation is based. The filing of any materially false certificate under this
				  section, or the failure of any such Manufacturer, distributor or Nonresident
				  Seller to fully and truthfully certify such facts to the Commission as may be
				  required in support of an application for allocation shall be prima facie
				  evidence, in any proceeding, of an intent to violate Section 3-116 of Title 37A
				  of the Oklahoma Statutes, and shall be grounds for the revocation of the
				  authority of such Manufacturer or distributor to sell, or offer for sale, any
				  and all of the brands and kinds of alcoholic beverage manufactured or sold by
				  said Manufacturer or distributor. (EXCEPTION: Direct import items shall be
				  shipped within sixty (60) days from the date of the order of the licensed Wine
				  and Spirits Wholesaler).
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 45:30-3-5 - Allocation plan for non-designated products in short supply

Current through Vol. 41, No. 20, July 1, 2024
One Hundred Percent (100%) of the total number of cases
				  available for sale in the State shall be equally divided among the total number
				  of licensed Wine and Spirits Wholesalers. Should any licensed Wine and Spirits
				  Wholesaler(s) refuse any portion of the allocation, the remainder of the
				  product in short supply which is unclaimed shall be equally divided among the
				  remaining Wine and Spirits Wholesaler(s).
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 45:30-3-7 - Wine and Spirits Wholesaler's price registration

Current through Vol. 41, No. 20, July 1, 2024
(a) All Wine and Spirits Wholesalers selling
				non-designated product shall file with the Commission on the 15th day of each
				posting month a proposed category Percentage Markup, as defined in
				45:30-1-2.
(b) The proposed markups will be computed by
				" Percentage" in the five categories,
(1)
				Spirits,
(2) Cordials and
				Specialties,
(3)
				Wines-Domestic,
(4) Wines-Imported,
				and
(5) Decanters. In reporting to
				the Commission, the proposed markups will be set forth in the following
				categories and order.
(1) (Category
				1) Spirits: Straights; Blends; Bonds; Corn; Rye; Scotch; Canadian; Irish;
				Vodka; Gin; Rum; Brandy Alcohol; Tequila.
(2) (Category 2) Cordials and Specialties:
				Cocktails; Cordials; Domestic and Imported; Miscellaneous
				Specialties.
(3) (Category 3)
				Wines-Domestic: Vermouth American; Fortified American; Light American;
				Champagne American.
(4) (Category
				4) Wines-Imported: Vermouth Imported; Fortified Imported; Light French, Light
				German; Light Other Imported; Champagne Imported.
(5) (Category 5) Decanters: Includes only
				those items approved by the Director for sale in this State in decanter
				bottles, regardless of content.
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 45:30-3-8 - Wine and Spirits Wholesaler's price list

Current through Vol. 41, No. 20, July 1, 2024
Licensed Wine and Spirits Wholesalers shall on the last day
				  of each posting month publish and distribute a complete and final schedule of
				  posted prices whether electronic or otherwise to the holders of all Retail
				  Spirit, Retail Wine, Mixed Beverage, Caterer and Special Events licenses who
				  have made purchases within the past sixty (60) days immediately prior to such
				  posting. Such price list shall contain (nothing more than) the licensed Wine
				  and Spirits Wholesaler's price of brands, types, kinds and sizes of alcoholic
				  beverages offered for sale, and the selling price of each, together with the
				  name, address and telephone number of the licensed Wine and Spirits Wholesaler.
				  Any request for such list by a licensee (verified by certified mail) must be
				  immediately furnished by the licensed Wine and Spirits Wholesaler. These price
				  lists shall be a full and complete price list of alcoholic beverages as posted
				  with the Commission. PROVIDED, that in the event there is a price change by the
				  Nonresident Seller effective during the 60-day posting period, the Wine and
				  Spirits Wholesaler may adjust the price list accordingly using the percentage
				  markup currently in effect. Any prices so amended shall become effective the
				  first day of the second month of the 60-day posting period. Such amended list
				  is to be prepared and distributed in the same manner as the original price
				  list.
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 45:30-3-9 - Wine and Spirits Wholesaler's warehouses

Current through Vol. 41, No. 20, July 1, 2024
Every licensed Wine and Spirits Wholesaler of alcoholic
				  beverages shall provide at his own expense warehouses, to be situated on and to
				  constitute a part of his premises. Said warehouses shall be used solely and
				  exclusively for the purpose of storage of alcoholic beverages and shall be
				  separate and apart from any and all other business or businesses operated in
				  any such building wherein such warehouse is located. In order to comply with
				  Sections 3-123 and 5-115 of Title 37A of the Oklahoma Statutes, to avoid direct
				  or indirect discrimination in price or services, all Wine and Spirits
				  Wholesalers licensed to import and sell within this State, spirits and wines,
				  shall comply with the following:
(1)
				All wholesale warehouses must be open for business each day beginning Monday
				and extending through Friday of each week, except on election days and legal
				holidays, and shall open not later than 10:00 a.m. and remain open until 5:00
				p.m. on each of the above days.
(A)
				Continuous telephone service must be maintained during business
				hours.
(B) Some properly licensed
				person authorized to take orders from retailers must be on duty during said
				hours.
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 45:30-3-10 - Wholesaler's inventory requirement

Current through Vol. 41, No. 20, July 1, 2024
(a) All Wine and Spirits Wholesalers are
				hereby specifically prohibited from engaging in any type of discrimination,
				conspiracy, collusion, agreement or understanding, orally or in writing, which
				would have as its purpose and be designed to create a monopoly, destroy
				competition, or give advantage to one or more Wine and Spirits Wholesalers over
				other Wine and Spirits Wholesalers or fix prices of alcoholic beverages.
				Nothing in this section shall be construed as a prohibition on a Wine and
				Spirits Wholesaler from being deemed the designated wholesaler for any one or
				more brands of alcoholic beverages.
(b) The provisions set forth in (b) of this
				Section shall also apply to all Manufacturers, Distillers, Nonresident Sellers
				and Retail Dealers, and their representatives, agents, and employees. Nothing
				in this section shall be construed as a prohibition on a Manufacturer,
				Distiller, or Nonresident Seller from selecting a single Wine and Spirits
				Wholesaler as its designee for one or more brands.
(c) All Wine and Spirits Wholesalers shall,
				in placing an order for alcoholic beverages with a Manufacturer or Nonresident
				Seller, on the same date provide the Commission with a copy of each purchase
				order so placed. Each purchase order shall be numbered in sequence, shall bear
				the date the order was placed, the type, brand, container size and full
				description of all alcoholic beverages ordered, showing the name of the
				Manufacturer or Nonresident Seller with whom such order was placed. All
				Manufacturers or Nonresident Sellers shall fill orders for non-designated
				product from all licensed Wine and Spirits Wholesalers in sequence and without
				discrimination in price, promptness of making shipments, or other
				service.
(d) Manufacturers or
				Nonresident Sellers shall extend uniform credit to all licensed Wine and
				Spirits Wholesalers without discrimination. Exceptions to this provision may
				only be granted by the Commission or the Director upon written request setting
				out the reasons, if any, for any non-uniformity in credit.
(e) The violation of this Section, or any
				provision thereof, by one or more licensees shall constitute grounds for the
				suspension or revocation of license by the Commission or the
				Director.
(f) All rules or parts of
				rules in conflict with this Section are hereby repealed.
(g) The provisions of this Section are
				severable and if any provision thereof shall be void, the decision of the court
				so holding shall not affect or impair the remaining parts of provisions of this
				Section.
Amended at 12 Ok Reg
				  1989, eff 6-26-95
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 45:30-3-11 - Permission to close out dead inventory

Current through Vol. 41, No. 20, July 1, 2024
(a) Wine and Spirits Wholesalers who may
				hereafter seek permission to post down and close out certain dead inventory
				merchandise within their licensed premises shall provide the Commission with
				the number of cases, brand, type, size, name of the manufacturer, and proposed
				post down price and, at the same time, provide all other licensed Wine and
				Spirits Wholesalers within this State with a copy of their request to close out
				any such items of dead inventory. The Director may thereupon give written
				permission to such Wine and Spirits Wholesaler to sell any or all of his
				merchandise to the other Wine and Spirits Wholesalers, and, if the entire
				amount of such dead inventory is thereby disposed of, such Wine and Spirits
				Wholesaler shall report each transfer to each other Wine and Spirits Wholesaler
				by providing the Director with a copy of each invoice, and each Wine and
				Spirits Wholesaler purchasing any such merchandise under the provision of this
				rule shall report to the Commissions a list of all merchandise so
				purchased.
(b) If there remains in
				the hands of the Wine and Spirits Wholesaler desiring to close out any such
				items of dead inventory, he will then be permitted to post prices on any and
				all remaining items of merchandise at any desired price, which posting, before
				the same can become effective, must have the approval of the Director.
				Thereafter, no item listed in the dead inventory merchandise so posted down may
				again be purchased or sold by such Wine and Spirits Wholesaler for a period of
				twelve (12) months from the date any such items are posted down, and all other
				Wine and Spirits Wholesalers are hereby prohibited from transferring to the
				Wine and Spirits Wholesaler posting down, any of the items included on the list
				of posted down item. It is further provided that such posted down price shall
				remain in effect until all such merchandise is sold by such Wine and Spirits
				Wholesale licensee.
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 45:30-3-12 - Wine and Spirits Wholesaler's record of sales

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensed Wine and Spirits
				Wholesaler of alcoholic beverage shall keep full, complete and accurate records
				of all sales of and receipts for beverages. The minimum required records shall
				include a " sales and cash receipt record" showing clearly the following
				information:
(1) Date of sale.
(2) Invoice number.
(3) Name of wine and spirits wholesaler and
				name of purchaser.
(4) Amount of
				sale.
(5) Terms (cash or
				C.O.D.).
(6) Date of
				payment.
(7) Method of payment
				(cash, money order, check, cashier's check, bank draft).
(8) Merchandise returned from
				customer.
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 45:30-3-13 - Wine and Spirits Wholesaler's record of expenditures

Current through Vol. 41, No. 20, July 1, 2024
(a) Every licensed Wine and Spirits
				Wholesaler of alcoholic beverage shall keep a full, separate, complete and
				accurate record of all expenditures with regard to beverages. No such
				expenditures of a Wine and Spirits Wholesaler shall be commingled with the
				expenditures of any other business or businesses operated by the Wine and
				Spirits Wholesaler. The minimum required records shall show clearly and
				accurately for each expenditure the following information:
(1) Date of payment.
(2) Name of payee.
(3) Purpose of the expenditure in sufficient
				detail to permit a clear identification of the reason for the
				expenditure.
(4) Petty cash fund
				reimbursements must be supported by receipts, vouchers, or other documents,
				showing the purpose of expenditure.
(5) Cross references to supporting
				documents.
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 45:30-3-14 - Wine and Spirits Wholesaler's separate records requirement

Current through Vol. 41, No. 20, July 1, 2024
Where a licensed Wine and Spirits Wholesaler of alcoholic
				  beverage is engaged in any other type or class of business or businesses, such
				  Wine and Spirits Wholesaler shall set up and keep a separate and complete set
				  of records covering all beverages bought and sold. Such records shall not
				  become commingled with the records of any other type or class of business or
				  businesses.
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 45:30-3-15 - Sale or transfer between Wine and Spirits Wholesalers

Current through Vol. 41, No. 20, July 1, 2024
A licensed Oklahoma Wine and Spirits Wholesaler may sell or
				  transfer any alcoholic beverages to another licensed Oklahoma Wine and Spirits
				  Wholesaler. The Commission shall require a licensed Wine and Spirits Wholesaler
				  to file an invoice within twenty-four (24) hours of any sale or transfer of any
				  such alcoholic beverages. Such invoice shall include name, license number and
				  location of the consignee, price, quantity, size of container, brands and
				  kinds.
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 45:30-3-16 - Wine and Spirits Wholesaler's agents

Current through Vol. 41, No. 20, July 1, 2024
No Wine and Spirits Wholesaler shall employ nor retain in his
				  employment any person as an agent or salesman who does not, in good faith,
				  devote a major part of his or her time each work day of each week to selling,
				  soliciting for, or taking orders from Retailers for the sale of alcoholic
				  beverages, and whose employment classification is that of a salesman,
				  representative or agent of such Wine and Spirits Wholesaler; PROVIDED, however,
				  that the foregoing provision does not prohibit the employment of a person as a
				  salesman, agent or representative by a Wine and Spirits Wholesaler, who is
				  regularly employed on a full time basis by such Wine and Spirits Wholesaler in
				  another capacity and who, incident to his regular employment, may sell,
				  solicit, or take orders for the sale of alcoholic beverages.
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 45:30-3-17 - Business with suspended Manufacturer prohibited

Current through Vol. 41, No. 20, July 1, 2024
If, after proper notice and hearing before the Commission, it
				  is determined by the Commission that any Manufacturer, Distiller or Nonresident
				  Seller has violated any part of the Oklahoma Alcoholic Beverage Control Act or
				  any part of the rules Adopted by the Commission resulting in a suspension of
				  the license of any such Manufacturer, Nonresident Seller, or its agent or
				  representative, notice of such suspension shall be immediately given by the
				  Director to all licensed Oklahoma Wine and Spirits Wholesalers and after
				  receipt of said notice, all Wine and Spirits Wholesalers are hereby
				  specifically prohibited during the period of said suspension from purchasing
				  any item of alcoholic beverage from any such Manufacturer or Nonresident Seller
				  whose license is suspended by the Commission and are, also, specifically
				  prohibited from selling to Retail Spirit, Retail Wine, Mixed Beverage, Caterer
				  or Special Event licensees any item of alcoholic beverages offered in this
				  State by such Nonresident Seller while under said suspension. It is further
				  provided that, in cases where a Wine and Spirits Wholesaler is indebted to any
				  such Manufacturer or Nonresident Seller at the time of the receipt of said
				  notice of suspension for alcoholic beverages previously purchased from it, the
				  terms and conditions of said credit arrangement shall be extended during such
				  period that any such items of merchandise are withheld from sale or barter
				  under the provisions of this Section.
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 45:30-3-18 - Transportation of alcoholic beverages by licensees

Current through Vol. 41, No. 20, July 1, 2024
A Manufacturer or licensed Wine and Spirits Wholesaler of
				  alcoholic beverages may ship or transport alcoholic beverages from his bonded
				  warehouse to the premises of any other licensee by any common, contract, or
				  private carrier who is the holder of a valid carrier's permit issued by the
				  Commission.
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 45:30-5-1 - Brewer discrimination prohibited [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 45:30-5-3 - Brewer's price list [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 45:30-5-4 - Products in short supply [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 45:30-5-5 - Allocation plan for products in short supply [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024