{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-3-116","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-3-116","heading":"Sale of alcoholic beverages bottled or made in a","body":"foreign country to licensed wine and spirits wholesalers –\n\nViolations.\n\nA. Any manufacturer or subsidiary of a manufacturer who markets\n\nits products solely through a subsidiary or subsidiaries, a\n\ndistiller, rectifier, bottler, winemaker or importer of alcoholic\n\nbeverages, bottled or made in a foreign country, either within or\n\nwithout this state, may sell such brands or kinds of alcoholic\n\nbeverages to every licensed wine and spirits wholesaler who desires\n\nto purchase the same, on the same price basis and without\n\ndiscrimination or inducements, and shall further be required to sell\n\nsuch beverages only to those persons licensed as wine and spirits\n\nwholesalers.\n\nB. The provisions of subsection A of this section shall not\n\napply to a brewer except as otherwise stated herein. In the event a\n\nbrewer, who has entered into territorial distribution agreements\n\nwith beer distributors in this state, markets wine and spirits\n\nproducts in this state either itself or through a subsidiary or\n\naffiliate, then such brewer, subsidiary or affiliate may elect to\n\ndesignate beer distributors, with whom it has entered into\n\nterritorial distribution agreements, as its designated wholesalers\n\nfor any wine and spirit products to be sold by the brewer,\n\nsubsidiary or affiliate within the beer distributors’ existing\n\nterritories, provided such beer distributors must also hold a wine\n\nand spirits wholesaler license. In such event, the beer\n\ndistributors shall be deemed designated wholesalers for the\n\nterritory with respect to the designated products. Provided, in the\n\nevent a beer distributor has not obtained a wine and spirits\n\nlicense, has elected not to sell wine and spirits in its respective\n\nterritory or, in the brewer’s commercially reasonable discretion, is\n\nnot suitable to sell wine and spirits in its respective territory,\n\nthen the brewer, subsidiary or affiliate may extend the territory of\n\nan existing beer distributor, with whom it has entered into a\n\nterritorial distribution agreement and who holds a wine and spirits\n\nwholesaler license, for the territory. For purposes of this\n\nsubsection only, the phrase “subsidiary or affiliate” shall mean any\n\nentity that the brewer controls, is controlled by, or is under\n\ncommon control with, during the time that the wine and spirits\n\nbrands are offered for sale in this state, and “control” shall mean\n\nownership of more than fifty percent (50%) of the voting securities\n\nor assets of, or the ability to dictate the material operations of,\n\nanother entity. If the brewer, subsidiary or affiliate sells the\n\nwine and spirits brands to a manufacturer other than one that would\n\notherwise fall within the provisions of this subsection, then the\n\nrights provided in this subsection which relate to the wine and\n\nspirits brands shall terminate. The rights provided to beer\n\ndistributors pursuant to Section 3-111 of this title shall not be\n\nextended to apply to the wine or spirits brands distributed pursuant\n\nto this subsection.\n\nC. No manufacturer shall require a wine and spirits wholesaler\n\nto purchase any alcoholic beverages or any goods, wares or\n\nmerchandise as a condition to the wine and spirits wholesaler\n\nobtaining or being entitled to purchase any alcoholic beverages.\n\nViolation of this section shall be a misdemeanor. Conviction\n\nhereunder shall automatically revoke the violator’s license.\n\nD. In the event a manufacturer or nonresident seller has not\n\ndesignated a designated wholesaler to sell its products in the\n\nstate, the nondesignated products shall be posted in accordance with\n\nthe following:\n\n1. On the first business day of each month, the manufacturer\n\nshall post with the ABLE Commission the price of all wine and\n\nspirits it proposes to offer for sale to licensed wine and spirit\n\nwholesalers in this state. All prices shall become effective on the\n\nfirst business day of the following month and shall remain in effect\nesignated products shall be posted in accordance with\n\nthe following:\n\n1. On the first business day of each month, the manufacturer\n\nshall post with the ABLE Commission the price of all wine and\n\nspirits it proposes to offer for sale to licensed wine and spirit\n\nwholesalers in this state. All prices shall become effective on the\n\nfirst business day of the following month and shall remain in effect\n\nand unchanged for a period of not less than one (1) month. The\n\nposting shall be submitted on a form approved by the ABLE Commission\n\nand shall identify the brand, size, alcohol content and price of\n\neach item intended to be offered for sale. No change or\n\nmodification of the posted price shall be permitted except upon\n\nwritten permission from the ABLE Commission based on good cause\n\nshown;\n\n2. When a new item is registered, or an old item is\n\ndiscontinued, or any change is made by a manufacturer or nonresident\n\nseller as to price, age, proof, label or type of bottle of any item\n\noffered for sale in this state, such new item, discontinued item or\n\nchange in price, age, proof, label or type of bottle of any item\n\nshall be listed separately on the cover page of the price schedule\n\nand, in the case of prices changed, shall reflect both the old and\n\nthe new price of the item changed. All new items and changes as to\n\nage, proof, label or type of bottle in which any item is offered for\n\nsale shall first be submitted in writing to the ABLE Commission for\n\napproval under such requirements as it may deem proper. Approval or\n\ndisapproval of price changes shall not be required if filed in\n\nconformity with the provisions of this subsection.\n\na. In addition to the foregoing requirements, the\n\nmanufacturer shall, at the same time, on regular forms\n\nprovided by the ABLE Commission, re-register all items\n\nof alcoholic beverage which the manufacturer had\n\nregistered and offered for sale in this state during\n\nthe previous price period.\n\nb. A short form of price posting may be permitted by the\n\nABLE Commission for any price period in which no new\n\nitem is offered or old item discontinued, or change is\n\nmade in the price, age, proof, label or type of bottle\n\nof any item offered by any manufacturer. Such short\n\nform shall contain only such statements as the\n\nDirector may require or permit;\n\n3. The brand name, size, proof and type of alcoholic beverages\n\nmust be shown on each container sold in this state;\n\n4. No brand of alcoholic beverage shall be listed on a price\n\nlist or posting in more than one place, or offered for sale by more\n\nthan one method, or at more than one price, except as provided\n\nhereafter:\n\na. a manufacturer who has posted F.O.B. prices from a\n\nforeign shipping point shall also list the same\n\nitem(s) at an F.O.B. point within the continental\n\nUnited States. Only one United States F.O.B. point\n\nshall be permitted, and\n\nb. a manufacturer may list on their price list or posting\n\nan item of specific size that may be packaged in more\n\nthan one type or design container, provided that the\n\ncontainers being offered have been approved by the\n\nABLE Commission;\n\n5. The manufacturer shall sell to the wine and spirits\n\nwholesalers all items of wine and spirits at the current posted\n\nprice in effect on the date of the shipment as shown on the\n\nmanifest, bill of lading or invoice;\n\n6. A full and correct copy of each such price registration\n\nshall be transmitted to wine and spirits wholesalers on the same day\n\nsuch prices are filed with or mailed to the ABLE Commission. Proof\n\nof such mailing or delivery shall be furnished the ABLE Commission\n\nby the manufacturer with the price registration or upon request;\n\n7. The sale, or offer to sell, of any item of alcoholic\n\nbeverage by a manufacturer to a wine and spirits wholesaler at a\n\nprice not in compliance with the price posted with the ABLE\n\nCommission may be deemed a violation; and\nor mailed to the ABLE Commission. Proof\n\nof such mailing or delivery shall be furnished the ABLE Commission\n\nby the manufacturer with the price registration or upon request;\n\n7. The sale, or offer to sell, of any item of alcoholic\n\nbeverage by a manufacturer to a wine and spirits wholesaler at a\n\nprice not in compliance with the price posted with the ABLE\n\nCommission may be deemed a violation; and\n\n8. This subsection shall not apply to a manufacturer that has\n\ndesignated a wine and spirits wholesaler to sell its product in the\n\nstate or a brewer who has appointed a beer distributor as a\n\ndesignated wholesaler pursuant to subsection B of this section, with\n\nrespect to designated products.\n\nE. Every wine and spirits wholesaler is authorized:\n\n1. To ship orders to retailers non-sequentially; and\n\n2. To fill orders non-sequentially only on products that have\n\nbeen designated as being in short supply.\n\nAs used in this subsection, “short supply” means those\n\nindividual brand labels of alcoholic beverages normally supplied by\n\nthe manufacturer or manufacturers that, for whatever reason, lack\n\nsufficient supply to fully satisfy the demand of the Oklahoma retail\n\nand/or on-premises market.\n\nF. Upon the manufacturer notifying the wholesalers of products\n\ndesignated as short supply, the wholesaler shall also then notify\n\nthe ABLE Commission as soon as practical.\n\nG. The ABLE Commission shall publish a list of every product\n\ndesignated as short supply by the Director on its website every\n\nthirty (30) days. After thirty (30) days, the wholesaler shall send\n\nan updated notice to the ABLE Commission if the product or products\n\nare in short supply. The ABLE Commission shall remove those\n\nproducts if notification is not received. These activities shall\n\nnot constitute a violation of this title or any rule promulgated\n\nunder this title.","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":"c87c373eb6eabbf14d9351a73fc74ad648c2785a8ad0984be033ffceb93d2781","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-3-115","next":"us-ok/okla.-stat.-tit.-37a-37a-3-116.1"},"notice":"GroundRules: Original legal text. Not legal advice."}