{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-3-106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-3-106","heading":"Direct Wine Shipper's Permit – Requirements","body":"A. A Direct Wine Shipper's Permit may be issued by the Oklahoma\n\nABLE Commission to a winery licensed in this or any other state\n\nwithin the United States as a wine producer. A Direct Wine\n\nShipper's Permit allows a winery to ship up to six nine-liter cases\n\nof wine annually directly to an Oklahoma resident who is twenty-one\n\n(21) years of age or older for such resident's personal use and not\n\nfor resale. No resident shall be permitted to purchase more than\n\nthirty nine-liter cases of wine per year under the provisions of\n\nthis section.\n\nB. The ABLE Commission shall promulgate rules governing the\n\napplication, issuance and renewal of Direct Wine Shipper's Permits,\n\nwhich shall include but not be limited to:\n\n1. Proof of current licensure in this or any other state as a\n\nwine producer;\n\n2. Payment of a registration fee of Three Hundred Dollars\n\n($300.00) for original permits and One Hundred Fifty Dollars\n\n($150.00) for renewal permits; and\n\n3. Any other documentation that the ABLE Commission believes is\n\nreasonably necessary to verify the identity and physical location of\n\nthe winery.\n\nC. With regard to direct wine shipments permitted by this\n\nsection, Direct Wine Shipper permit holders:\n\n1. Shall not ship more than six nine-liter cases of wine\n\nannually to any person for his or her personal use;\n\n2. Shall not ship wine intended for resale;\n\n3. Shall ensure that all packages containing wine shipped\n\ndirectly to a resident in this state are conspicuously labeled with\n\nthe words \"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER\n\nREQUIRED FOR DELIVERY\" or are conspicuously labeled with alternative\n\nwording preapproved by the ABLE Commission;\n\n4. Shall require the transporter or common carrier that\n\ndelivers the wine to obtain the signature of a person twenty-one\n\n(21) years of age or older at the delivery address at the time of\n\ndelivery. At the expense of the Direct Wine Shipper, the Direct\n\nWine Shipper shall receive a delivery confirmation from the express\n\ncompany, common carrier or contract carrier indicating the location\n\nof delivery and the name and signature of the individual who\n\naccepted the delivery. The ABLE Commission shall design and create\n\na label or approve a label that must be affixed to the shipping\n\ncontainer by the licensee;\n\n5. Shall report to the ABLE Commission quarterly by a method\n\nprescribed by the ABLE Commission all of the following information\n\nfor each wine shipment into the state pursuant to this section:\n\na. the name and address of the Oklahoma resident who\n\nplaced the order,\n\nb. the name of the common or permit carrier engaged in\n\nthe shipment,\n\nc. the date of the shipment,\n\nd. the carrier tracking number, and\n\ne. the quantity of wine in the shipment;\n\n6. Shall quarterly pay to the Oklahoma Tax Commission all\n\napplicable taxes due on sales authorized by this section to Oklahoma\n\nresidents in the preceding calendar year. The amount of such taxes\n\nshall be calculated as if the sale were in Oklahoma at the location\n\nwhere delivery is made. Upon request, permit holders shall permit\n\nthe Tax Commission to perform an audit of the permit holder's\n\nrecords in order to assure compliance;\n\n7. Shall be deemed to have consented to the jurisdiction of any\n\nagency or court of the State of Oklahoma tasked with the enforcement\n\nof or adjudication of controversies related to this section and any\n\nrelated laws or rules; and\n\n8. Shall require the consumer to verify, by electronic means or\n\notherwise, that the consumer is at least twenty-one (21) years of\n\nage.\n\n9. Shipments of wine to consumers in Oklahoma from persons who\n\ndo not possess a current Direct Wine Shipper Permit pursuant to this\n\nsection are prohibited. Any person that violates this section is\n\nguilty of a misdemeanor and subject to a civil penalty as follows:\nhall require the consumer to verify, by electronic means or\n\notherwise, that the consumer is at least twenty-one (21) years of\n\nage.\n\n9. Shipments of wine to consumers in Oklahoma from persons who\n\ndo not possess a current Direct Wine Shipper Permit pursuant to this\n\nsection are prohibited. Any person that violates this section is\n\nguilty of a misdemeanor and subject to a civil penalty as follows:\n\nfor the first offense shall be fined not more than One Thousand Five\n\nHundred Dollars ($1,500.00), for a second offense shall be fined not\n\nmore than Two Thousand Five Hundred Dollars ($2,500.00), and for a\n\nthird and subsequent offense shall be fined not more than Five\n\nThousand Dollars ($5,000.00).\n\nD. Every express company, common carrier, contract carrier and\n\nevery firm or corporation that shall bring, carry or transport wine\n\nfor delivery to any person in the state, except wine or spirit\n\nwholesalers or beer distributors, shall prepare and file quarterly\n\nwith the ABLE Commission a report, which shall not be subject to the\n\nOklahoma Open Records Act, of all known wine shipments containing:\n\n1. The name of the company, carrier, person, firm or\n\ncorporation making the report;\n\n2. The period of time covered by the report;\n\n3. The name and business address of the consignor shipping the\n\nwine;\n\n4. The weight of the packages shipped;\n\n5. The unique tracking number of the delivery; and\n\n6. The date of delivery.\n\nE. Notwithstanding any other provision of this Section, a\n\ncommon carrier that willfully refuses to file a report under this\n\nsubsection shall be fined a penalty of up to five hundred dollars\n\n($500.00).\n\nF. A common carrier shall not deliver a shipment of wine\n\npursuant to this section to any person in this state unless the\n\ncarrier has verified the validity of the Direct Wine Shipper's\n\nPermit prior to accepting shipment. A carrier may consider a direct\n\nwine shipper's permit to be valid unless notified otherwise by the\n\nABLE Commission.\n\nG. Every express company, common carrier, contract carrier and\n\nevery firm or corporation that shall bring, carry or transport wine\n\nfor delivery to any person in the state, except wine or spirit\n\nwholesalers or beer distributors, shall be deemed to have consented\n\nto the jurisdiction of any agency or court of the State of Oklahoma\n\ntasked with the enforcement of or adjudication of controversies\n\nrelated to this section and any related laws or rules; and\n\nH. 1. Any express company, common carrier, or contract\n\ncarrier, including any representative, agent, or employee on behalf\n\nof an express company, common carrier, or contract carrier, shall\n\nviolate this section if it knowingly delivers in this state wine,\n\nbeer, or distilled spirits without obtaining a signature at the time\n\nof delivery by an adult who is at least twenty-one (21) years of age\n\nis guilty of a business offense for which the express company,\n\ncommon carrier, or contract carrier that transports alcoholic liquor\n\nwithin this state shall be fined in accordance with Paragraph 3 of\n\nSubsection H of this Section.\n\n2. Any express company, common carrier, or contract carrier\n\nthat knowingly delivers wine, beer, or distilled spirits to a person\n\nin this state who is under the age of twenty-one (21) years of age\n\nis guilty of a business offense for which the express company,\n\ncommon carrier, or contract carrier that delivered the wine, beer,\n\nor distilled spirits shall be fined in accordance with Paragraph 3\n\nof Subsection H of this Section.\n\n3. Any express company, common carrier, or contract carrier\n\nthat knowingly violates this section for a first offense shall be\n\nfined not more than One Thousand Five Hundred Dollars ($1,500.00),\n\nfor a second offense shall be fined not more than Two Thousand Five\n\nHundred Dollars ($2,500.00), and for a third and subsequent offense\n\nshall be fined not more than Five Thousand Dollars ($5,000.00).\n.\n\n3. Any express company, common carrier, or contract carrier\n\nthat knowingly violates this section for a first offense shall be\n\nfined not more than One Thousand Five Hundred Dollars ($1,500.00),\n\nfor a second offense shall be fined not more than Two Thousand Five\n\nHundred Dollars ($2,500.00), and for a third and subsequent offense\n\nshall be fined not more than Five Thousand Dollars ($5,000.00).\n\n4. Any express company, common carrier, or contract carrier\n\nthat knowingly carries or transports alcoholic beverages for\n\ndelivery within this state in violation of this section for the\n\nfirst offense shall be fined not more than One Thousand Five Hundred\n\nDollars ($1,500.00), for a second offense shall be fined not more\n\nthan Two Thousand Five Hundred Dollars ($2,500.00), and for a third\n\nand subsequent offense shall be fined not more than Five Thousand\n\nDollars ($5,000.00).\n\n5. An express company, common carrier, and contract carrier may\n\nbe held vicariously liable for the actions of its representatives,\n\nagents, and employees for actions in violation of this section.\n\n6. The Commission shall notify common carriers of all shipments\n\nit has good cause to believe were made unlawfully into the state\n\nwhether those be through a licensed direct shipper, fulfillment\n\nprovider or an unlicensed entity. The Commission may prohibit a\n\ncarrier from transporting alcohol on behalf of a consignor\n\nidentified as having made an unlawful shipment beginning 15 days\n\nfrom the date of the notice. A common carrier may request, and the\n\nCommission must provide, a hearing to show good cause for the\n\ncontinued shipping by said consignor.\n\nI. The ABLE Commission shall inspect and audit the records of\n\nboth the direct wine shipper permit holder, as well as the common\n\ncarrier and enforce accordingly.\n\nJ. The provisions of this section do not apply to a motor\n\ncarrier or freight forwarder as defined in Section 13102 of Title 49\n\nof the United States Code or to an air carrier as defined in Section\n\n40102 of Title 49 of the United States Code.","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":"fa1347008b595cf972de7d0d0184e5d9c42dc3a15860295b640ed9b584f1485d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-3-105","next":"us-ok/okla.-stat.-tit.-37a-37a-3-107"},"notice":"GroundRules: Original legal text. Not legal advice."}