{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-2-157","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-2-157","heading":"Winery self-distribution - Report to Commission on","body":"sales - Notice of exceeding production limit – Fines.\n\nA. Every winemaker or small farm winery electing to directly\n\nsell its wines to retailers, mixed beverage licensees, beer and wine\n\nlicensees, and restaurants must obtain a winery self-distribution\n\nlicense and pay the applicable license fee and shall register its\n\nproducts and post its prices with the state in the same manner\n\nrequired of the holder of a nonresident seller license.\n\nB. Every winemaker or small farm winery electing to directly\n\nsell its wines to retailers, mixed beverage licensees, beer and wine\n\nlicensees, and restaurants shall report all sales to retail package\n\nstores, mixed beverage licensees, beer and wine licensees, and\n\nrestaurants in this state to the ABLE Commission and to the Oklahoma\n\nTax Commission at least monthly, or in accordance with such rules as\n\nthe ABLE Commission shall promulgate and shall pay to the Tax\n\nCommission all excise and other taxes imposed by this state upon\n\nsuch wine in the same manner required of the holder of a nonresident\n\nseller license.\n\nC. Any self-distributing winemaker within or without this state\n\nwho shall, in any calendar year, exceed the production volume limit\n\nprovided for in subsection B of Section 2-105 of this title, shall\n\nimmediately notify the ABLE Commission of such fact and shall\n\nthereafter have the option to sell the wines they produce to every\n\nlicensed wholesale distributor who desires to purchase the same, on\n\nthe same price basis and without discrimination, and shall\n\nthereafter be allowed to sell such beverages only to such licensed\n\nwholesale distributors or cease to sell its products in this state.\n\nD. All winemakers who conduct business in this state shall be\n\nprohibited from creating, forming or participating in any kind of a\n\ncooperative or pooled transportation or distribution arrangement.\n\nE. Any licensed winemaker or winery that sells or distributes\n\nits wine directly to a retailer, mixed beverage licensee, beer and\n\nwine licensee or restaurant in this state after having exceeded the\n\nproduction volume limit provided for in subsection B of Section 2-\n\n105 of this title in any calendar year shall be subject to a fine of\n\nTen Thousand Dollars ($10,000.00). In addition, if the violation is\n\na second or subsequent violation, the winemaker or winery shall not\n\nbe allowed to transport wine to a retail package store or restaurant\n\nfor three (3) years from the date of the second or subsequent\n\nviolation.\n\nF. If Section 2 of Article XXVIIIA of the Oklahoma Constitution\n\nis ruled to be unconstitutional by a court of competent\n\njurisdiction, then any licensed winemaker or winery that then\n\ncontinues to sell or distribute its wine directly to a retail\n\npackage store, mixed beverage licensee, beer and wine licensee or\n\nrestaurant in this state shall be subject to a fine of Ten Thousand\n\nDollars ($10,000.00) per violation.","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8ee3a8437c9a7316767f3af11f57e61980dce65fadba8825d44af0bdd3b66509","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-156","next":"us-ok/okla.-stat.-tit.-37a-37a-2-158"},"notice":"GroundRules: Original legal text. Not legal advice."}