reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-7 - Requests for rule changes and declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) In all instances where interested persons
				request the promulgation, amendment, or repeal of a rule or petition the
				Commission for declaratory rulings the procedures prescribed in this section
				shall be used.
(b) Requests for
				promulgation, amendment, or repeal of rules shall set out in its entirety the
				requested rule or the suggested amendment or repeal of any rule in
				effect.
(c) All petitions filed for
				declaratory rulings by the Commission concerning any ruling or Order by said
				Commission shall set out fully the views of the petitioner giving the reasons
				he has in support of such views.
(d) All petitions filed with the Commission
				on or before the 29 th day of the month shall be set for hearing on the Agenda
				of the Commission at its next regular meeting of the following month; PROVIDED,
				that for good cause shown to the Director or the Commission by mutual agreement
				between the petitioner and the legal representative of the Commission, the
				hearing of the petition may be postponed.
(e) All hearings before the Commission shall
				be in full compliance with the provisions of the Oklahoma Administrative
				Procedures Act, Section
				250 et
				seq. of Title 75 of the Oklahoma Statutes.
(f) The following forms shall be used in
				petitioning the Commission for promulgation, amendment, or repeal of any rule
				or declaratory ruling:
(1)
BEFORE THEOKLAHOMA ALCOHOLIC BEVERAGE LAWS
							 ENFORCEMENT COMMISSION ABLE FORM NO. 58
In the Matter of the Promulgation
PETITION
Comes now the undersigned petitioner and respectfully
							 requests the Commission to:________________and in furtherance hereof asks that
							 this petition be set for hearing before the Commission on the date of its next
							 regular meeting.
WHEREFORE, petitioner asks that upon the hearing of
							 the above requested that such relief be granted by the Commission.
____________________
PETITIONER
(2)
BEFORE THE OKLAHOMA ALCOHOLIC BEVERAGE LAWS
							 ENFORECEMENT COMMISSION ABLE FORM NO. 59
In the Matter of a Request for a Declaratory
							 Ruling
PETITION
Comes now____________________and respectfully requests
							 the Commission for declaratory ruling upon the following Rule or Order
							 heretofore entered by the Commission, to wit:_________________and in
							 furtherance hereof asks that this petition be set for hearing before the
							 Commission on the date of its next regular meeting.
WHEREFORE, petitioner asks that the Commission render
							 a declaratory ruling interpreting and outlining the policy of the Commission
							 with regard to the Rule and Regulation hereinabove referred to.
___________________
PETITIONER
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Hearings Before The Commission › Section 45:1-5-1 - Hearings before the Commission

Current through Vol. 41, No. 20, July 1, 2024
(a) A brief statement of fact outlining the
				reason for denial of the license or the alleged violation on the part of the
				licensee will be given by the agency attorney, Attorney General, Director, or
				Chief Enforcement Officer.
(b) The
				applicant or licensee, or the attorney, should be given an opportunity to state
				his position.
(c) Any pleadings or
				other documents which either party may wish to have filed may be
				presented.
(d) The evidence
				supporting the issuance of the citation or the denial of an application for a
				license shall first be presented at the conclusion of which the applicant or
				licensee, or his attorney, may present evidence in support of his previously
				stated position.
(e) The attorneys
				on both sides, in presenting testimony, shall stay within the Rules of Evidence
				as defined by law and the decision of our courts, but neither attorney shall
				interpose an objection to any part of the testimony until the conclusion of all
				the evidence on both sides. Then any objections to such testimony may be made
				by the attorneys on either side by dictating the same into the
				record.
(f) Arguments may then be
				permitted by the Commission and, if the hearing is concluded, the Commission
				may announce its decision, or that a decision will be reached and the applicant
				or licensee notified within fifteen (15) days, unless both parties agree in
				writing that such decision may be delayed.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Hearings Before The Commission › Section 45:1-5-2 - Requests for subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) It is
				hereby provided that in all cases where a licensee desires the Commission to
				issue subpoenas to compel the attendance of witnesses after a Notice of
				Contemplated Denial of License or Suspension or Revocation thereof has been
				issued and the licensee, or licensees, or his attorney, desires to have
				witnesses subpoenaed to appear before the Commission or the Director and a
				request therefore in writing is made upon the Commission, or its employees, by
				any such licensee, or his attorney giving the name and correct address of any
				such witnesses named in said request at licensee's sole expense, and that in
				addition thereto, the traveling fees and the daily attendance fees will be paid
				by the licensee at the time of the service of such subpoena; also setting out
				in said request the name of the person, or persons, to whom such subpoenas
				shall be mailed for the purpose of serving such subpoenas and absolving the
				Commission, and its employees, and the State of Oklahoma from any obligation to
				pay the traveling fees and daily attendance fees of such witnesses desired
				subpoenaed by any such licensee.
(b) The Director, or the Chief Enforcement
				Officer, shall cause subpoenas to be issued and mailed in conformity with said
				written requests; PROVIDED, that in said subpoena the witnesses named therein
				shall be advised that they may demand their traveling fees and daily attendance
				fees from the licensee, or his representative, that the Commission will not be,
				and is not, responsible for any traveling fees, daily attendance fees, or other
				expenses incurred by any such witness in attending any hearing before the
				Commission or Director.
(c) Any
				such written request or praecipe for witnesses on behalf of the licensee shall
				not be honored and issuance of such subpoenas shall not be required unless such
				request or praecipe subpoena is presented to the Commission, or its employees,
				by mail or otherwise, at its office in Oklahoma City, Oklahoma, at least five
				(5) days prior to the date of the hearing at which the attendance of any such
				witness, or witnesses, would be required.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Hearings Before The Commission › Section 45:1-5-3 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any licensee who fails to appear before the Commission, as
				  directed, after having been first given proper Notice of Contemplated
				  Suspension, Revocation, or Denial of his license by reason of an alleged
				  violation of the Alcoholic Beverage Control Act or the rules of the Commission,
				  and Proof of Service of such notice upon any such licensee having been duly
				  made, may be determined to have waived his right to present a defense to the
				  offense alleged in the Notice of Contemplated Suspension, Revocation, or Denial
				  and a suspension, revocation or denial of the license of any such person may be
				  ordered by the Commission if it appears, after having heard the evidence, that
				  the violation alleged did in fact occur, when such licensee fails to appear
				  before the Commission on the date of the hearing.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Hearings Before The Commission › Section 45:1-5-4 - Refusal to testify

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				refusal on the part of any licensee under the Alcoholic Beverage Control Act to
				answer questions under oath, or to produce any book or record available to him
				under his control, when requested by the Commission or Director, shall
				constitute grounds upon which to suspend or revoke any license issued to such
				person or persons.
(b) It is
				further provided that if, at the time of hearing any application for the
				renewal of any license, it is made to appear to the Commission or the Director
				that any licensee has refused to answer any questions under oath concerning, or
				in any way relating to the liquor industry, or to produce any book or record
				available to him or under his control after being properly subpoenaed by any
				lawfully constituted inquisitorial body of any court of record, or the
				Commission or Director, that a renewal of any such license shall be denied by
				the Director or the Commission.
(c)
				This section shall in no way limit or modify the authority of the District
				Court in any proceeding for contempt where any such licensee has refused to
				answer any questions propounded to him by the Commission or the
				Director.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Director Of The Commission › Section 45:1-7-2 - Authority to conduct hearings

Current through Vol. 41, No. 20, July 1, 2024
In addition to the authority heretofore delegated by the
				  Commission to the Director, he is hereby authorized, as provided for in
				  Sections 1-108, 2-150, 2-151, and 2-152 of Title 37A of the Oklahoma Statutes,
				  to conduct hearings on all violations of the Rules and Regulations of the
				  Commission or the Oklahoma Alcoholic Beverage Control Act and the amendments
				  thereto, by licensees, and to deny any license or renewal thereof, and to
				  suspend or revoke, after proper notice is given, any license issued under the
				  Act, impose probation, and assess a fine for any violations found as a result
				  of hearing, if by preponderance of the evidence, it appears that any licensee
				  has committed the violation alleged in the notice, subject to the limitations
				  hereinafter set out:
(1) No order
				denying a renewal, or order of revocation, order of suspension or fine shall be
				made by the Director unless a sufficient legal notice shall have been mailed by
				certified mail or served upon the licensee at least fifteen (15) days prior to
				such hearing. The notice shall set forth the grounds for the proposed agency
				action. Any licensee aggrieved by the action of the Director, may, in cases
				where a license or renewal thereof is denied, or a suspension or revocation
				thereof is ordered, or a fine imposed, within fifteen (15) days of the issuance
				of the Order or Notice of the Director, file with the Commission a written
				request for a review of the Order of the Director before the Commission, and
				shall be accorded such hearing in compliance with the provisions of the Act.
				The Director shall cause a transcript of the testimony heard by him or his
				Hearing Officer to be presented to the Commission on or before the date of the
				hearing by the Commission.
(2) The
				Director may, within his discretion for good cause, defer any matter to a
				hearing before the Commission for final determination.
(3) The Director shall make a monthly report
				to this Commission of any and all suspensions or revocations ordered by him
				under the provisions of this Section and, after the same becomes final, shall
				notify the District Attorney of the county wherein the licensee's premises are
				located, as required by the Act.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Director Of The Commission › Section 45:1-7-3 - Authority to issue notices and administer oaths

Current through Vol. 41, No. 20, July 1, 2024
In addition to the authority heretofore exercised by the
				  Chief Law Enforcement Officer, there is hereby delegated to him, and he is
				  hereby authorized to issue Subpoenas, Notices of Contemplated Denial of
				  Licensed, Notices of Contemplated Suspensions and Revocations, and to
				  administer oaths for the purpose of examining witnesses when the need therefore
				  arises.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Director Of The Commission › Section 45:1-7-4 - Authority to require reports from licensees

Current through Vol. 41, No. 20, July 1, 2024
All licensees shall, from time to time, file reports with the
				  Oklahoma Alcoholic Beverage Laws Enforcement Commission giving therein such
				  information as may be required and there is hereby delegated to the Director
				  authority to call upon any and all licensees of the Commission for reports to
				  be rendered by them, and the information to be shown therein, which from time
				  to time may be by the Commission or the Director deemed necessary for the
				  proper discharge of their duties conferred by the Repeal Act; including, but
				  not limiting thereto, the authority for requiring reports of nonresident
				  sellers to reveal current status of accounts of licensed Wine and Spirits
				  wholesalers, Beer Distributors, Small Brewer Self-Distributors, Brewpub
				  Self-Distributors, and Winemaker Self-Distributors other pertinent information
				  relative to credits and charge-offs.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 1 - General Provisions › Section 45:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Public school"
means all schools supported, in
				  whole or in part, by taxation of any kind or character within the State of
				  Oklahoma, and shall also include all schools which may be attended by the
				  public offering educational instruction equivalent to that offered in public
				  grade schools, public high schools, public preparatory schools, and colleges
				  and universities having authority to award recognized
				  degrees.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-1 - Denial of application

Current through Vol. 41, No. 20, July 1, 2024
Grounds for which license applications may be denied wherein
				  the applicant:
(1) Fails to complete
				all questions on said application.
(2) Omits any information required on said
				application.
(3) Falsifies any
				information required by said application.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-3 - Interest in illegal business

Current through Vol. 41, No. 20, July 1, 2024
No license shall be issued to, nor shall such license be
				  retained by, a person who has a beneficial interest, directly or indirectly, in
				  any business or enterprise which is contrary to or operated in violation of any
				  of the laws of this State or of the United States relating to public morals and
				  decency, lotteries, gambling, gambling devices or bookmaking.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-4 - Notice of intent to apply for license

Current through Vol. 41, No. 20, July 1, 2024
All applicants for original Brewer's, Distiller's,
				  Wine-maker's, Rectifier's, Wine and Spirits Wholesaler's, Beer Distributor's,
				  Small Brewer Self-Distributor, Brewpub Self-Distributor, Winemaker
				  Self-Distributor,Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed
				  Beverage, Bottle Club and Caterer licenses shall, prior to applying for such
				  license, twice publish a notice of its intention to apply, once every eight (8)
				  days within two (2) successive weeks.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-5 - Application filing period

Current through Vol. 41, No. 20, July 1, 2024
All applicants for original Brewer's, Distiller's,
				  Wine-maker's, Rectifier's, Wine and Spirits Wholesaler's, Beer Distributor's,
				  Small Brewer Self-Distributor's, Brewpub Self-Distributor's, Winemaker
				  Self-Distribu-tor's, Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Mixed Beverage, Bottle Club, or Caterer licenses shall file with the Director
				  or the Commission their application within sixty (60) days from the date of the
				  first publication of Notice of Intention to Apply for an Alcoholic Beverage
				  License, or said Notice of Intention shall be null and void.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-6 - Payment of municipal occupational tax

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall sell or offer for sale any alcoholic
				  beverages until such time as he shall have paid the annual occupational tax
				  imposed by the city or town wherein the licensed premises is located if
				  applicable.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-7 - Employee, Agent or Manufacturer's Agent license

Current through Vol. 41, No. 20, July 1, 2024
No Nonresident Seller, Wine and Spirits Wholesaler, Beer
				  Distributor, Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed
				  Beverage or Bottle Club licensee or other licensee of this Commission, except
				  the holder of a Carrier's license, Caterer's license, or Special Event license,
				  shall have any person employed in connection with his licensed business who
				  physically handles alcoholic beverages in this State unless the employer or the
				  employee, Agent, or Manufacturers Agent have filed by certified mail or in
				  person an application for license for such employee, Agent, or Manufacturers
				  Agent.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-8 - Duplicate licenses

Current through Vol. 41, No. 20, July 1, 2024
Whenever any license issued by the Commission shall become
				  lost or destroyed before the expiration date thereof, the licensee to whom such
				  license was issued shall make written application to the Director for a
				  duplicate license. Said application shall set forth all the facts and
				  circumstances concerning the loss or destruction of such license and shall be
				  sworn to by the person applying for such duplicate. Upon receipt of such
				  application, the Director may cause an investigation to be made, and if
				  satisfied that the application is made in good faith and is true and correct,
				  shall issue a duplicate in lieu of the license that was lost or destroyed. Such
				  duplicate license shall show on its face that it is a duplicate
				  license.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-9 - Trade organization disclosure

Current through Vol. 41, No. 20, July 1, 2024
All licensees licensed by this Commission shall, upon
				  receiving notification hereof by the Director, disclose in writing to the
				  Director the name of any trade organization, association or corporation within
				  the liquor or beer industry of which they are now, or may hereafter become, a
				  member and shall, if required by the Director, reveal the purpose and
				  objectives of such organization, association or corporation, together with a
				  complete list of the membership of such organization, and any rules, by-laws,
				  or governing regulations of any such organization, association, or
				  corporation.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-10 - Prohibited conduct on licensed premises

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall engage in, allow, permit or suffer in or
				  upon his licensed premises any disturbances, lewdness, immoral activities or
				  displays, brawls, or unnecessary noises, or allow, permit, or suffer the
				  licensed premises to be conducted in such a manner as to create public censure
				  or to become a nuisance.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-11 - Sanitation

Current through Vol. 41, No. 20, July 1, 2024
Sanitary conditions, conducive to public health and welfare,
				  shall be maintained at all times, in, on, or about the licensed premises of all
				  licensees.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-12 - Restriction on delivery of alcoholic beverages

Current through Vol. 41, No. 20, July 1, 2024
No licensee of the Commission shall accept delivery of
				  spirits or wines on Sunday, on New Year's Day, the Fourth of July, Thanks
				  giving Day or Christmas Day.
Amended at 20 Ok Reg
				  1479, eff 6-7-02 (emergency); Amended at 20 Ok Reg 1542, eff
				  6-12-03
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-13 - Payment before delivery by Wholesaler

Current through Vol. 41, No. 20, July 1, 2024
No alcoholic beverages shall be delivered to a Retail Spirit,
				  Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special
				  Event licensee by a licensed Wine and Spirits Wholesaler, Beer Distributor,
				  Small Brewer Self-Distributor, Brewpub Self-Distributor or Winemaker
				  Self-Distributor, his agent, servant or employee without receiving payment
				  therefore at the time of making such delivery, or payment having been made by
				  said Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage,
				  Caterer or Special Event licensee prior to such delivery.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-14 - Wholesaler invoice requirement

Current through Vol. 41, No. 20, July 1, 2024
Every Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Mixed Beverage, Caterer or Special Event licensee or employee purchasing
				  alcoholic beverage shall, at the time of delivery of such alcoholic beverage
				  and at no other time, demand and receive from the licensed Wine and Spirits
				  Wholesaler selling such alcoholic beverage, and such licensed Wine and Spirits
				  Wholesaler shall furnish and deliver in duplicate, a serially numbered invoice,
				  purchase order or sales ticket truly and correctly showing the kind, brand,
				  quantity and price of such alcoholic beverage purchased or sold, the date and
				  place of purchase or sale, the name and address of the licensed Wine and
				  Spirits Wholesaler and the name and address of the Retail Spirit, Retail Beer,
				  Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special Event licensee.
				  Such licensee shall keep one copy of each such invoice, purchase order, or
				  sales ticket for a period of three (3) years thereafter, which shall be open at
				  all times to inspections by the Commission, its deputies or agents, or any
				  other law enforcing officer of the State of Oklahoma.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-15 - Returning merchandise delivered in error

Current through Vol. 41, No. 20, July 1, 2024
A Wine and Spirits Wholesaler, Beer Distributor, Small Brewer
				  Self-Distributor, Brewpub Self-Distributor, Wine-maker Self-Distributor, or
				  employee shall not be deemed to have violated Section 3-119(5) of Title 37A of
				  the Oklahoma Statutes in instances where, through mistake, inadvertence, or
				  oversight, such Wine and Spirits Wholesaler, Beer Distributor, Small Brewer
				  Self-Distributor, Brewpub Self-Distributor, Winemaker Self-Distributor delivers
				  to a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage,
				  Caterer or Special Event licensee in good faith, alcoholic beverage other than
				  that which was ordered by the Retail Spirit, Retail Beer, Retail Wine, Beer and
				  Wine, Mixed Beverage, Caterer or Special Event licensee. Such mistake or
				  oversight must be called to the attention of the Wine and Spirits Wholesaler by
				  the Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage,
				  Caterer, or Special Event licensee within a five (5) day period from the date
				  the merchandise was received by the Retail Spirit, Retail Beer, Retail Wine,
				  Beer and Wine, Mixed Beverage, Caterer or Special Event licensee. The Wine and
				  Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Winemaker Self-Distributor will immediately, upon being
				  notified by the licensee, initiate action within within a reasonable time to
				  correct the error. All invoices and records will be corrected to indicate the
				  adjustment or replacement action taken. PROVIDED, a Wine and Spirits Wholesaler
				  shall be prohibited from refunding, replacing, returning, or otherwise
				  accepting product from a licensee that suffered damage at the retail licensee's
				  location after delivery. PROVIDED FURTHER, retail licensees are prohibited from
				  requesting or requiring the Wine and Spirits Wholesaler to remove such damaged
				  product as a condition of continued business with the retail
				  licensee.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-16 - Insufficient fund checks prohibited

Current through Vol. 41, No. 20, July 1, 2024
No holder of a Retail Spirit, Retail Beer, Retail Wine, Beer
				  and Wine, Mixed Beverage or Caterer's license or employee thereof shall give a
				  check drawn upon any bank to a licensed Wine and Spirits Wholesaler, Beer
				  Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				  Winemaker Self-Distributor in payment for alcoholic beverage purchases without
				  having sufficient funds on deposit in said bank to pay said check upon
				  presentment for payment. Any check which is not paid when presented for payment
				  by reason of insufficient or no funds being on deposit in said bank with which
				  to pay the same, shall be prima facie evidence that the maker of said check has
				  accepted and received credit from the licensed Wine and Spirits Wholesaler,
				  Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				  Winemaker Self-Distributor to whom said check was issued. If any Retail Spirit,
				  Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage or Caterer licensee
				  shall issue an insufficient or no-fund check for the purchase of alcoholic
				  beverages , which check was not paid as required by
				  45:10-3-17
				  within three (3) business days following notice of dishonor, the Wine and
				  Spirits Wholesaler, Beer Distributor, Self-Distributing Brewer,
				  Self-Distributing Winery, or Brewpub Self-Distributor shall immediately notify
				  the ABLE Commission of such fact and, the ABLE Commission shall, upon
				  determining such fact immediately notify all Wine and Spirit Wholesalers, Beer
				  Distributors, Self-Distributing Brewers, Self-Distributing Wineries, and
				  Brewpub Self Distributors that the issuing licensee shall not be permitted to
				  purchase any alcoholic beverage until the licensee has paid the outstanding
				  invoice at issue.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-17 - Payment of insufficient fund checks

Current through Vol. 41, No. 20, July 1, 2024
If any holder of a Retail Spirit, Retail Beer, Retail Wine,
				  Beer and Wine, Mixed Beverage, or Caterer's license or employee shall give an
				  insufficient or no-fund check to a licensed Wine and Spirits Wholesaler, Beer
				  Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				  Winemaker Self-Distributor in payment for alcoholic beverages purchased by said
				  licensee, said check shall be paid only by cash, bank draft, cashier's check,
				  express or postal money order. Under no circumstances shall another personal
				  check of said licensee be accepted or received by said licensed Wine and
				  Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Winemaker Self-Distributor in payment of said check;
				  PROVIDED, if such licensee or employee has on deposit for collection in the
				  bank upon which such insufficient check should be drawn sufficient funds to pay
				  such check, then in that event, any such check given to a licensed Wine and
				  Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Winemaker Self-Distributor shall not be construed to mean
				  an insufficient or no-fund check.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-18 - Notice of dishonored check

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Whenever a licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer
				Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor shall
				receive from the holder of a Retail Spirit, Retail Beer, Retail Wine, Beer and
				Wine, Mixed Beverage or Caterer's license a check in payment of alcoholic
				beverages purchased, which check is returned dishonored, and not thereafter
				paid as required by
				45:10-3-17
				within three (3) business days after notice of dishonor, said licensed Wine and
				Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				Self-Distributor, or Wine-maker Self-Distributor shall, immediately following
				the close of the third business day after receipt of the notice of dishonor,
				notify the Commission in writing of such fact and shall furnish in duplicate
				the following information to the Commission:
(1) Name, address and license number of the
				licensee issuing the check.
(2) The
				date and amount of said check.
(3)
				Copy of invoice or invoices for which said check was given in
				payment.
(4) The name and address
				of the bank upon which said check was drawn.
(5) The name and address of the bank in which
				said check was deposited by the licensed Wine and Spirits Wholesaler, Beer
				Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				Winemaker Self-Distributor.
(6) The
				dates upon which said check was deposited and returned.
(7) A statement that demand for payment of
				the dishonored check has been made upon the issuing licensee, and that the
				dishonored check has not been paid within three (3) business
				days.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-19 - Requirement for deposit of checks

Current through Vol. 41, No. 20, July 1, 2024
All checks, given in payment for alcoholic beverages
				  purchased by the holder of a Retail Spirit, Retail Beer, Retail Wine, Beer and
				  Wine, Mixed Beverage or Caterer's license from a licensed Wine and Spirits
				  Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Wine-maker Self-Distributor, shall be deposited for
				  payment by the licensed Wine and Spirits Wholesaler, Beer Distributor, Small
				  Brewer Self-Distributor, Brewpub Self-Distributor, or Wine-maker
				  Self-Distributor not later than the second banking day after the receipt of
				  said check by said licensed Wine and Spirits Wholesaler, Beer Distributor,
				  Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker
				  Self-Distributor, its salesman, agent or representative. The failure of a
				  licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer
				  Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor to
				  deposit any such check for payment by the end of said banking day after receipt
				  thereof by said licensed Wine and Spirits Wholesaler, Beer Distributor, Small
				  Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker
				  Self-Distributor, its salesman, agent or representative, shall be deemed a
				  voluntary extension of credit by said licensed Wine and Spirits Wholesaler,
				  Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				  Winemaker Self-Distributor to a Retail Spirit, Retail Beer, Retail Wine, Beer
				  and Wine, or Mixed Beverage or Caterer licensee.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-20 - Holding of check prohibited

Current through Vol. 41, No. 20, July 1, 2024
Any arrangements or agreements, expressed or implied, between
				  a licensee or an employee, whereby the licensed Wine and Spirits Wholesaler,
				  Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or
				  Winemaker Self-Distributor holds or retains a check received by him from such
				  holder of a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed
				  Beverage or Caterer's license or employee in payment of alcoholic beverages
				  sold shall be deemed an extension of credit and a violation by the
				  licensees.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-21 - Postdated checks prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Mixed Beverage or Caterer licensee shall give and no licensed Wine and Spirits
				  Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Winemaker Self-Distributor shall receive or accept any
				  postdated or undated check in payment for alcoholic
				  beverages.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-22 - Wholesaler city bank deposit requirement

Current through Vol. 41, No. 20, July 1, 2024
All payments for alcoholic beverages sold by a licensed Wine
				  and Spirits Wholesaler to a Retail Spirit, Retail Beer, Retail Wine, Beer and
				  Wine, Mixed Beverage, Caterer or Special Event licensee shall be deposited by
				  said Wine and Spirits Wholesaler in a bank.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-23 - Tie-in sales prohibited

Current through Vol. 41, No. 20, July 1, 2024
No Manufacturer, Nonresident Seller, Wine and Spirits
				  Wholesaler or Beer Distributor, Small Brewer Self-Distributor, Brewpub
				  Self-Distributor, or Wine-maker Self-Distributor shall, as a condition for the
				  sale or delivery of alcoholic beverages to another licensee, require such other
				  licensee to purchase any one or more items of alcoholic beverages of another
				  type, quantity, size or brand in addition to, or in lieu of, the specific items
				  ordered. No licensee of any class shall sell or deliver alcoholic beverages in
				  any form or quantity or of any brand to a customer licensee, under any
				  arrangement, agreement, or understanding, direct or implied, that such sale or
				  delivery will be made only if such other customer licensee also buys or accepts
				  delivery of a quantity of alcoholic beverages of another form or
				  brand.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-24 - Acceptance of certain inducements prohibited

Current through Vol. 41, No. 20, July 1, 2024
All licensed Oklahoma Wine and Spirits Wholesalers, Beer
				  Distributors, Small Brewer Self-Distributor, Brewpub Self-Distributor,
				  Winemaker Self-Distributor, Retail Spirit, Retail Beer, Retail Wine, Beer and
				  Wine, Bottle Club, Mixed Beverage, Caterer or Special Event licensees, their
				  agents or employees are prohibited from accepting, directly or indirectly, any
				  electronic or non-electronic refrigerated equipment, fixture, dispensing
				  equipment, outdoor electric or non-electric advertising structure displaying
				  the retailer's name, permanent shelving, supplies, discount, retailer rebate,
				  premiums, free goods, gifts, services of any employee including but not limited
				  to affixing price labels or tags, routinely stocking product on shelves other
				  than the stocking of cold boxes, entering information into a retailer's
				  computer system, handling product that was not sold to the retailer by the
				  licensee, paying a slotting fee, selling on consignment, operating a retailer's
				  cash register, conducting janitorial services, decoration, samples of alcoholic
				  beverages, personal property, or other inducements from any Manufacturer,
				  Brewer, Distiller, Rectifier, Nonresident Seller , Wine and Spirits Wholesaler,
				  Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor,
				  Winemaker Self-Distributor or their agents or employees, except in compliance
				  with Title 27 CFR Chapter 1 Part 6, Subparts A through D or as allowed by
				  45:10-3-25.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-25 - Offering of certain inducements prohibited

Current through Vol. 41, No. 20, July 1, 2024
No licensed Manufacturer, Brewer, Distiller, Rectifier,
				  Nonresident Seller, Importer, Wine and Spirits Wholesaler or Beer Distributor,
				  Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker
				  Self-Distributor, their agents or employees, shall directly or indirectly
				  offer, sell, trade, give or furnish any discount, free goods, electronic or
				  non-electronic refrigerated equipment, fixture, dispensing equipment, outdoor
				  electric or non-electric advertising structure displaying the retailer's name,
				  permanent shelving, supplies, gifts, prizes, coupons, premiums, retailer
				  rebates, services of any employee including but not limited to affixing price
				  labels or tags, routinely stocking product on shelves other than the stocking
				  of cold boxes, entering information into a retailer's computer system, handling
				  product that was not sold to the retailer by the licensee, paying a slotting
				  fee, selling on consignment, operating a retailer's cash register, conducting
				  janitorial services, decoration, samples of alcoholic beverages, personal
				  property, or other inducement or thing of value to any Retail Spirit, Retail
				  Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer, Bottle Club or
				  Special Event, Wine and Spirits Wholesaler or Beer Distributor, their agents or
				  employees, except in compliance with Title 27 CFR Chapter 1 Part 6, Subparts A
				  through D. Provided, that nothing in this section shall prohibit the furnishing
				  of normal point of purchase advertising matter to such retail license, product
				  display building and/or replenishment, initial shelving of product at the
				  retail location, and rotating product forward on a retail shelf that was sold
				  by the wholesaler or distributor to the retail licensee. Provided further, each
				  Beer Distributor, Small Brewer Self-Distributor, and Brewpub Self-Distributor
				  shall be permitted to take necessary merchandising actions for shelf
				  replenishment, display building and quality control as provided by 37A O.S.
				  § 3-115 and Section 45:30-5-25.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-26 - Prohibited transactions

Current through Vol. 41, No. 20, July 1, 2024
All licensed Wine and Spirits Wholesalers, Beer Distributors,
				  Small Brewer Self-Distributors, Brewpub Self-Distributors, Winemaker
				  Self-Distributors, Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Bottle Club, Mixed Beverage, Caterer or Special Event licensees, their agents
				  or employees, are prohibited from accepting any alcoholic beverages from
				  authorized sellers of alcoholic beverage by consignment, or upon condition, or
				  with the privilege of returning the same or on any condition other than bona
				  fide sale. Further, Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Bottle Club, Mixed Beverage, Caterer and Special Events licensees and their
				  employees are prohibited from accepting any loan or credit from any authorized
				  seller of alcoholic beverages.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-27 - Storage in bonded warehouse

Current through Vol. 41, No. 20, July 1, 2024
A Retail Spirit, Retail Beer, Retail Wine, Beer and Wine,
				  Mixed Beverage, Caterer or Special Event licensee who desires to remove some of
				  his alcoholic beverages from his licensed premises to a Bonded Warehouse shall
				  first obtain written permission of the Director. After the delivery of the
				  alcoholic beverages, he shall send to the Director an itemized list showing the
				  quantity and brands of the types of alcoholic beverages delivered to the
				  warehouse. A Bonded Warehouse shall report in writing to the Director all
				  receipts of alcoholic beverages from Retail Spirit, Retail Beer, Retail Wine,
				  Beer and Wine, Mixed Beverage, Caterer or Special Event licensees, giving the
				  name, address, and license number of the licensee delivering the same, the date
				  of such delivery, and the description of the quantity and brands of the types
				  of alcoholic beverages delivered. A Bonded Warehouse shall report in writing to
				  the Director all withdrawals of alcoholic beverages from its warehouse by a
				  Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer
				  or Special Event licensee, giving the name, address, and license number of the
				  Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer
				  or Special Event licensee who is withdrawing such alcoholic beverages, the date
				  of such withdrawal, and a description of the quantity and brands of the types
				  of alcoholic beverages so withdrawn.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 10 - Provisions and Penalties Applicable to All Licensees › Subchapter 3 - Provisions Applicable to All Licensees › Section 45:10-3-28 - Refunds for erroneous or excessive collections

Current through Vol. 41, No. 20, July 1, 2024
(a) The following shall be considered as
				erroneous or excessive collections and refunds therefore shall be made:
(1) Whenever the amount payable for a license
				has been received by the Director and the license is not issued or, if issued,
				is not used by the licensee, or
(2)
				Whenever a license is transferred from one location to another, calling for a
				smaller license fee, in which event the pro rata difference will be
				refunded.