{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-3-116.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-3-116.1","heading":"Manufacturers without a designated wholesaler -","body":"Posting requirements.\n\nA. In the event a manufacturer has not designated a wine and\n\nspirits wholesaler, or a brewer has not appointed a beer distributor\n\nas a designated wholesaler pursuant to subsection B of Section 3-116\n\nof this title, to sell its product in the state, then every wine and\n\nspirits wholesaler that sells that product shall comply with the\n\nfollowing posting requirements:\n\n1. All wine and spirits wholesalers who choose to sell the\n\nNondesignated Product shall file with the ABLE Commission on the\n\nfifteenth day of each posting month a proposed category percentage\n\nmarkup. A percentage markup shall be defined as a percentage of\n\nincrease or decrease in relation to the wholesaler laid-in-cost for\n\nall items in each category. The percentage does not have to be the\n\nsame for all categories, but in the original posting the percentage\n\nshall be the same for all items in the same category;\n\n2. The proposed markups shall be computed by percentage in the\n\nfour categories: Spirits, Cordials and Specialties, Wines-Domestic\n\nand Wines-Imported. In reporting to the ABLE Commission, the\n\nproposed markups shall be set forth in the following categories and\n\norder:\n\na. Category 1 - Spirits: Straights, Blends, Bonds, Corn,\n\nRye, Scotch, Canadian, Irish, Vodka, Gin, Rum, Brandy\n\nAlcohol and Tequila,\n\nb. Category 2 - Cordials and Specialties: Cocktails,\n\nCordials, Domestic and Imported and Miscellaneous\n\nSpecialties,\n\nc. Category 3 - Wines-Domestic: Vermouth American,\n\nFortified American, Light American and Champagne\n\nAmerican, and\n\nd. Category 4 - Wines-Imported: Vermouth Imported,\n\nFortified Imported, Light French, Light German, Light\n\nOther Imported and Champagne Imported;\n\n3. When a wine and spirits wholesaler desires to charge for\n\nexpenses incurred in handling of individual bottles in fractional\n\ncases, or for transportation of their alcoholic beverage to persons\n\nlicensed to purchase the same, the wine and spirits wholesaler shall\n\non the fifteenth day of each posting month include with its proposed\n\npercentage posting the separate amounts, if any, to be charged for\n\nbottle handling and the amount of transportation, respectively, to\n\nbe charged per case;\n\n4. The proposed posting by the wine and spirits wholesaler\n\nshall list the percentage posting, and the handling and\n\ntransportation cost without discrimination to all licensees\n\nregardless of their distance from the wine and spirits wholesaler's\n\nwarehouse;\n\n5. The ABLE Commission shall immediately upon receipt of all\n\nproposed category percentage postings, prepare a summation of the\n\nproposal and disseminate an electronic copy to all wine and spirits\n\nwholesalers. The summation shall contain the proposed percentage\n\nposting for each category, including proposed transportation charges\n\nas submitted by each wine and spirits wholesaler;\n\n6. After filing the report required by this subsection, any and\n\nall wine and spirits wholesalers shall be permitted to register on\n\nor before the twenty-fifth day of each posting month an adjusted\n\nprice. The adjusted price means percentage or individual item\n\nprices reported and registered by a wine and spirits wholesaler on\n\nor before the twenty-fifth day of the posting month in response to a\n\nlower percentage reported and registered by a competitor on the\n\nfifteenth day of the month. The adjusted price shall be no lower\n\nthan the lowest percentage posted on the fifteenth day of said month\n\nby any wine and spirits wholesaler;\n\n7. The adjusted price posted by a wine and spirits wholesaler\n\nin response to the lowest percentage posted by any wine and spirits\n\nwholesaler may, but need not be, posted in terms of a percentage\n\nand, if not so stated, shall state the price at which the wine and\n\nspirits wholesaler proposes to sell each individual item or size of\n\nitem which he proposes to offer for sale during the posting period.\nThe adjusted price posted by a wine and spirits wholesaler\n\nin response to the lowest percentage posted by any wine and spirits\n\nwholesaler may, but need not be, posted in terms of a percentage\n\nand, if not so stated, shall state the price at which the wine and\n\nspirits wholesaler proposes to sell each individual item or size of\n\nitem which he proposes to offer for sale during the posting period.\n\nThe price postings, except for unmodified percentage markups, shall\n\ndescribe each item by brand, size, age, type and proof. Wines and\n\nchampagnes shall reflect the alcoholic contents thereof;\n\n8. The percentage markup utilized by a wine and spirits\n\nwholesaler in calculating its adjusted prices may be at any level\n\nbetween its originally posted percentage markup and the lowest\n\npercentage markup originally posted by any other wine and spirits\n\nwholesaler, but may not be above its original posting or below the\n\nlowest percentage posted by any wine and spirits wholesaler. Any\n\nfraction within four (4) decimals in determining final prices of\n\nbottles shall be raised to the next higher cent;\n\n9. Each wine and spirits wholesaler may, upon the twenty-fifth\n\nday of the posting month, adjust his transportation and handling\n\ncharges to a level no lower than that of a competitor or higher than\n\nits initial proposal on the fifteenth day of the posting month.\n\nSuch bottle handling and transportation charge shall be in effect\n\nfor the duration of the price posting which it accompanies.\n\nProvided, that if a licensee shall order any item in full case lots\n\nand the wine and spirits wholesaler does not have in inventory such\n\nitem in full case lots, no bottle handling charge may be assessed to\n\nthe licensee for the partial case;\n\n10. All wine and spirits wholesalers shall, on the same date of\n\nfiling an adjusted price posting with the ABLE Commission, transmit\n\nelectronically a copy of its adjusted prices to each wine and\n\nspirits wholesaler in the state;\n\n11. A wine and spirits wholesaler may include a minimum order\n\ncharge of no less than One Dollar ($1.00) for any order of alcoholic\n\nbeverages to a retail, mixed beverage, caterer or special event\n\nlicensee that does not exceed the amount that such wholesaler\n\ndesignates as a minimum order in his proposed price posting. The\n\nminimum charge, if it is more than One Dollar ($1.00), and the\n\namount of the minimum order shall be included in the price posting;\n\n12. All price postings, as adjusted, shall become effective on\n\nthe first day of the following month and remain in effect for a\n\nperiod of two (2) months. No other charge may be assessed by the\n\nwholesaler to the licensee except those expressly authorized by the\n\nprovisions of the Oklahoma Alcoholic Beverage Control Act or the\n\nrules of the ABLE Commission;\n\n13. A price posting on a new item not previously stocked by a\n\nwine and spirits wholesaler shall be filed with the ABLE Commission\n\nprior to offering for sale, but no such item shall be listed at a\n\nlower price than is then, or will be, in effect during the price\n\nperiod for which the new item is filed, and within the percentage in\n\nthe proper category of said wine and spirits wholesaler. In the\n\nevent of a new item posting, mailings to wine and spirits\n\nwholesalers and those licensed to purchase wine and spirits in the\n\nstate, as herein required, shall be sent on the same date as the\n\npostings;\n\n14. When a wine and spirits wholesaler discontinues an item, or\n\ndoes not have an item in its warehouse or on order, the item shall\n\nbe deleted from its price posting. When or if the item is restocked\n\nor replaced in the inventory of the wine and spirits wholesaler, it\n\nshall be reentered into the price postings as would a new item;\n\n15. The sale of or the offer to sell alcoholic beverages at the\n\nprices quoted in such price posting before the same is in force and\n\neffect shall be grounds for the suspension or revocation of the wine\nleted from its price posting. When or if the item is restocked\n\nor replaced in the inventory of the wine and spirits wholesaler, it\n\nshall be reentered into the price postings as would a new item;\n\n15. The sale of or the offer to sell alcoholic beverages at the\n\nprices quoted in such price posting before the same is in force and\n\neffect shall be grounds for the suspension or revocation of the wine\n\nand spirits wholesaler's license if the new price varies from the\n\nprice then in effect; and\n\n16. The provisions of this section are severable, and if any\n\nprovisions of the same shall be void, the decision of the court so\n\nholding shall not affect or impair the remaining parts or provisions\n\nthereof.\n\nB. This section shall not apply to products that have been\n\ndesignated by a manufacturer for distribution by a wine and spirits\n\nwholesaler or by a brewer for distribution by a beer distributor\n\npursuant to subsection B of Section 3-116 of this title in the\n\nstate.","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":"27ff2bb3537eded7c534518d93a3b1cd73babd27714d4a1ad9c8e05dbada8be6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-3-116","next":"us-ok/okla.-stat.-tit.-37a-37a-3-116.2"},"notice":"GroundRules: Original legal text. Not legal advice."}