{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-3-123","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-3-123","heading":"Sale of alcoholic beverages to wholesalers, beer","body":"distributors or retailers - Unlawful to discriminate in price –\n\nViolations.\n\nA. It shall be unlawful for any person privileged to sell\n\nalcoholic beverages to wholesalers, beer distributors or retailers:\n\n1. To discriminate, directly or indirectly, in price between\n\none wine and spirits wholesaler and another wine and spirits\n\nwholesaler, when that manufacturer has not designated a single wine\n\nand spirits wholesaler, or between one retailer and another retailer\n\npurchasing alcoholic beverages bearing the same brand or trade name\n\nand of like age and quality, unless otherwise provided by law; or\n\n2. To grant, directly or indirectly, any discount, rebate, free\n\ngoods, allowance or other inducement.\n\nB. The ABLE Commission is hereby authorized to promulgate rules\n\nwhich are necessary to carry out the purpose of this section and to\n\nprevent its circumvention by offering or giving of any rebate,\n\nallowance, free goods, discount or any other thing or service of\n\nvalue; provided, the posting or invoicing of charges per order for\n\nprocessing minimum orders or per case for the handling or repacking\n\nof goods by wine and spirits wholesalers and beer distributors for\n\nsales in less than full case lots shall not constitute a violation\n\nof this section.\n\nC. For the violation of any provision of this section or of any\n\nrule duly promulgated under this section, the ABLE Commission may\n\nissue a written warning, fine, suspend or revoke a license as\n\nfollows:\n\n1. For a first offense, a written warning which may be\n\naccompanied by a fine not to exceed Five Thousand Dollars\n\n($5,000.00);\n\n2. For a second offense, not exceeding ten (10) days'\n\nsuspension of license; and\n\n3. For a third offense, the ABLE Commission shall revoke the\n\nlicense.\n\nProvided, however, prior to suspending or revoking a license,\n\nthe ABLE Commission shall first provide written notice to a licensee\n\nof the violation and a period of ninety (90) days following such\n\nnotice to cure or remedy such violation. For purposes of this\n\nsection, a \"second offense\" and \"third offense\" shall mean\n\nviolations that are related to or arising out of and occurring\n\nwithin twelve (12) months of the \"first offense\".\n\nD. For purposes of this section, and except as otherwise\n\nprovided in subsection E of this section, \"inducement\" means\n\ndirectly or indirectly offering, selling, trading, giving or\n\nfurnishing any discount, free goods, electronic or nonelectronic\n\nrefrigerated equipment, barrels, tubs, fixtures, dispensing\n\nequipment, outdoor electric or nonelectric advertising structure\n\ndisplaying the retailer's name, permanent shelving, supplies, gifts,\n\nprizes, instantly redeemable coupons, premiums, retailer rebates,\n\nservices of any employee including but not limited to affixing price\n\nlabels or tags, routinely stocking product on shelves other than the\n\nstocking of cold boxes, paying a third party for entering product\n\nand price information into a retailer's computer system, portal,\n\nwebsite, spreadsheet or third-party system, handling product that\n\nwas not sold to the retailer by the licensee, paying a slotting fee,\n\nselling on consignment, operating a retailer's cash register,\n\nconducting janitorial services, providing decorations, samples of\n\nalcoholic beverages, personal property or other inducement or thing\n\nof value to any retail spirit, retail beer, retail wine, beer and\n\nwine, mixed beverage, caterer, bottle club or special event\n\nlicensee, wine and spirits wholesaler or beer distributor, their\n\nagents or employees.\n\nE. It shall not be deemed an inducement for a brewer, beer\n\ndistributor, small brewer self-distributor or brewpub self-\n\ndistributor to voluntarily take the following merchandising actions\n\nwith the permission of the retail licensee:\n\n1. Furnish point-of-sale advertising materials and consumer\n\nadvertising specialties, as those terms are defined in 27 C.F.R.,\ntributor, their\n\nagents or employees.\n\nE. It shall not be deemed an inducement for a brewer, beer\n\ndistributor, small brewer self-distributor or brewpub self-\n\ndistributor to voluntarily take the following merchandising actions\n\nwith the permission of the retail licensee:\n\n1. Furnish point-of-sale advertising materials and consumer\n\nadvertising specialties, as those terms are defined in 27 C.F.R.,\n\nSection 6.84 and in compliance with the other limits and\n\nrestrictions provided in 27 C.F.R., Section 6.84;\n\n2. Give or sell product displays, including but not limited to\n\nbarrels and tubs, provided that the value of such displays does not\n\nexceed the limits and restrictions provided in 27 C.F.R., Section\n\n6.83;\n\n3. Build product displays, accessible to the customer for the\n\nproduct being delivered by the beer distributor;\n\n4. Affix pricing to the shelf strip or product display for the\n\nproduct being delivered by the beer distributor, small brewer self-\n\ndistributor or brewpub self-distributor, or brewed by the brewer;\n\n5. Routinely stock and restock shelves and cold boxes and\n\nrotate product that has been sold to the retail licensee by the beer\n\ndistributor, small brewer self-distributor or brewpub self-\n\ndistributor, or brewed by the brewer;\n\n6. Periodically perform product resets, with permission of the\n\nretail licensee, pursuant to a provided shelf plan or shelf\n\nschematic;\n\n7. Furnish things of value to a temporary retailer, as defined\n\nin 27 C.F.R., Section 6.85;\n\n8. Sell equipment or supplies to a retail licensee, provided\n\nthe equipment or supplies are sold at a price not less than the cost\n\nto the industry member and payment is collected within thirty (30)\n\ndays of the sale;\n\n9. Install dispensing accessories at the retail location, as\n\nlong as the retailer bears the cost of installation including\n\nequipment; or furnish, give or sell coil cleaning services to a\n\nretailer;\n\n10. Withdraw quantities of beer or cider in undamaged, original\n\npackaging from the retail licensee's stock, provided the beer\n\ndistributor, small brewer self-distributor, brewpub self-distributor\n\nor brewer sold such beer, directly or indirectly, to the retail\n\nlicensee and such removal is otherwise permitted under Section 3-115\n\nof this title; provided, however, replacing with beer or cider of\n\nequivalent value shall not be considered a consignment sale;\n\n11. Provide mail-in rebates for beer, cider and nonalcoholic\n\nbeverage merchandise items, funded by the brewer and redeemed by the\n\nbrewer, either by itself or through a third-party fulfillment\n\ncompany, for a discount or rebate on the beer, cider or nonalcoholic\n\nitem;\n\n12. Provide a recommended shelf plan or shelf schematic to a\n\nretail licensee for all or any portion of the inventory sold by the\n\nretail licensee;\n\n13. Furnish or give a sample of beer or cider to a retailer who\n\nhas not purchased the brand from that brewer, beer distributor,\n\nsmall brewer self-distributor or brewpub self-distributor within the\n\nlast twelve (12) months, provided that the brewer, beer distributor,\n\nsmall brewer self-distributor or brewpub self-distributor may not\n\ngive more than thirty-six (36) ounces of any brand of beer or cider\n\nto a specific retailer;\n\n14. Furnish or give newspaper cuts, mats or engraved blocks for\n\nuse in retailers' advertisements;\n\n15. Package and distribute beer or cider in combination with\n\nother nonalcoholic items for sale to consumers;\n\n16. Give or sponsor educational seminars for employees of\n\nretailers either at the brewer, beer distributor, small brewer self-\n\ndistributor or brewpub self-distributor's premises or at the\n\nretailer's establishment, including seminars dealing with use of a\n\nretailer's equipment, training seminars for employees of retailers\n\nor tours of the brewer, beer distributor, small brewer self-\n\nloyees of\n\nretailers either at the brewer, beer distributor, small brewer self-\n\ndistributor or brewpub self-distributor's premises or at the\n\nretailer's establishment, including seminars dealing with use of a\n\nretailer's equipment, training seminars for employees of retailers\n\nor tours of the brewer, beer distributor, small brewer self-\n\ndistributor, or brewpub self-distributor's plant premises, provided\n\nthat the brewer, beer distributor, small brewer self-distributor or\n\nbrewpub self-distributor shall not pay the retailer for the\n\nemployees' travel, lodging or other expenses in conjunction with an\n\neducational seminar but may provide nominal hospitality during the\n\nevent;\n\n17. Conduct tasting or sampling activities at a retail\n\nestablishment and purchase the products to be used from the retailer\n\nso long as the purchase price paid does not exceed the ordinary\n\nretail price; provided, a beer distributor shall not be required to\n\nprovide labor for such sampling activities;\n\n18. Offer contest prizes, premium offers, refunds and like\n\nitems directly to consumers so long as officers, employees and\n\nrepresentatives of brewers, beer distributors, small brewer self-\n\ndistributors, brewpub self-distributors and licensed retailers are\n\nexcluded from participation;\n\n19. List the names and addresses of two or more unaffiliated\n\nretailers selling the products of a brewer, beer distributor, small\n\nbrewer, small brewer self-distributor or brewpub self-distributor in\n\nan advertisement of such brewer, beer distributor, small brewer,\n\nsmall brewer self-distributor or brewpub self-distributor so long as\n\nthe requirements of 27 C.F.R., Section 6.98 are satisfied,\n\nconsidering applicable guidance issued by the United States\n\nDepartment of the Treasury Alcohol and Tobacco Tax and Trade Bureau;\n\nprovided, nothing in the Oklahoma Alcoholic Beverage Control Act\n\nshall prohibit a retail, mixed beverage, on-premises beer and wine,\n\npublic event, special event, charitable auction, charitable\n\nalcoholic beverage event, or complimentary beverage licensee from\n\ncommunicating with a brewer, beer distributor, small brewer, small\n\nbrewer self-distributor or brewpub self-distributor on social media\n\nor sharing media on the social media page or site of a brewer, beer\n\ndistributor, small brewer, small brewer self-distributor or brewpub\n\nself-distributor. A retail, mixed beverage, on-premises beer and\n\nwine, public event, special event, charitable auction, charitable\n\nalcoholic beverage event, or complimentary beverage licensee may\n\nrequest free social media advertising from a brewer, beer\n\ndistributor, small brewer, small brewer self-distributor or brewpub\n\nself-distributor; provided, nothing in this section shall prohibit a\n\nbrewer, beer distributor, small brewer, small brewer self-\n\ndistributor or brewpub self-distributor from sharing, reposting or\n\nforwarding a social media post by a retail, mixed beverage, on-\n\npremises beer and wine, public event, special event, charitable\n\nauction, charitable alcoholic beverage event, or complimentary\n\nbeverage licensee, as long as the sharing, reposting or forwarding\n\nof the social media post does not contain the retail price of any\n\nalcoholic beverage. No brewer, beer distributor, small brewer,\n\nsmall brewer self-distributor or brewpub self-distributor shall pay\n\nor reimburse a retail, mixed beverage, on-premises beer and wine,\n\npublic event, special event, charitable auction, charitable\n\nalcoholic beverage event, or complimentary beverage licensee,\n\ndirectly or indirectly, for any social media advertising services.\n\nNo retail, mixed beverage, on-premises beer and wine, public event,\n\nspecial event, charitable auction, charitable alcoholic beverage\n\nevent, or complimentary beverage licensee shall accept any payment\n\nor reimbursement, directly or indirectly, for any social media\nle\n\nalcoholic beverage event, or complimentary beverage licensee,\n\ndirectly or indirectly, for any social media advertising services.\n\nNo retail, mixed beverage, on-premises beer and wine, public event,\n\nspecial event, charitable auction, charitable alcoholic beverage\n\nevent, or complimentary beverage licensee shall accept any payment\n\nor reimbursement, directly or indirectly, for any social media\n\nadvertising service offered by a brewer, beer distributor, small\n\nbrewer, small brewer self-distributor or brewpub self-distributor.\n\nFor purposes of this paragraph, \"social media\" means a service,\n\nplatform or site where users communicate with one another and share\n\nmedia, such as pictures, videos, music and blogs, with other users\n\nfree of charge; or\n\n20. Entering product and price information into a retailer's\n\nportal, website, spreadsheet or third-party system. A brewer may\n\npay for a third-party system that provides data and pricing services\n\nto the brewer or a beer distributor.\n\nF. It shall not be deemed an inducement for a brewer, beer\n\ndistributor, small brewer self-distributor or brewpub self-\n\ndistributor to engage in the following marketing activities,\n\nprovided that the brewer, beer distributor, small brewer self-\n\ndistributor or brewpub self-distributor shall not pay the retailer's\n\ntravel costs other than those for local transportation or lodging:\n\n1. Provide tickets to a retailer for a sporting or\n\nentertainment event so long as a representative of the brewer, beer\n\ndistributor, small brewer self-distributor or brewpub self-\n\ndistributor attends the event with the retailer;\n\n2. Provide food and beverage to a retailer for immediate\n\nconsumption:\n\na. at a meeting at which the primary purpose is the\n\ndiscussion of business,\n\nb. at a convention when the food and beverages are\n\noffered to all participants, or\n\nc. at a sports or entertainment event that the\n\nrepresentatives of a brewer, beer distributor, small\n\nbrewer self-distributor or brewpub self-distributor\n\nattend with the retailer;\n\n3. Participate in retailer association activities by engaging\n\nin the following actions:\n\na. displaying products at a convention or trade show,\n\nb. renting display booth space if the rental fee is the\n\nsame as paid by all exhibitors at the event,\n\nc. providing its own hospitality which is independent\n\nfrom association-sponsored activities,\n\nd. purchasing tickets to functions and paying\n\nregistration fees if the payments or fees are the same\n\nas paid by all attendees, participants or exhibitors\n\nat the event, or\n\ne. making payments for advertisements in programs or\n\nbrochures issued by retailer associations at a\n\nconvention or trade show; or\n\n4. Giving or selling outdoor signs to a retailer so long as the\n\nfollowing requirements of 27 C.F.R., Section 6.102 are satisfied:\n\na. the sign bears conspicuous and substantial advertising\n\nmatter about the product or the brewer, beer\n\ndistributor, small brewer self-distributor or brewpub\n\nself-distributor which is permanently inscribed or\n\nsecurely affixed,\n\nb. the retailer is not compensated, directly or\n\nindirectly, such as through a sign company, for\n\ndisplaying the signs, and\n\nc. a permanent outdoor sign does not contain the\n\nretailer's name.\n\nG. It shall not be deemed an inducement or a discriminatory\n\naction for a brewer, beer distributor, small brewer self-\n\ndistributor, brewpub self-distributor, or a wine and spirits\n\nwholesaler to establish individualized servicing and delivery\n\nschedules for its retailers based on each retailer's actual needs,\n\nincluding, without limitation, on the basis of the retailer's sales\n\nvolume.","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":"20578db531e944358a9539f67d07df0595d0a0bde95213be99ea2100db9f356b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-3-122","next":"us-ok/okla.-stat.-tit.-37a-37a-3-124"},"notice":"GroundRules: Original legal text. Not legal advice."}