2014 Oklahoma Statutes
Title 37. Intoxicating Liquors
§37-573. Registration of labels - Fees.
A. Except as provided in subsection D of this section, no liquor, wine, or beer shall be labeled, offered or advertised for sale unless in accordance with such regulations and unless the brand label shall have been registered with and approved by the Alcoholic Beverage Laws Enforcement Commission and the appropriate fee paid as provided for in this section.
B. An application for registration of a brand label shall be filed by the owner of the brand if such owner is licensed by the ABLE Commission, however, if the owner is not licensed but is represented by a licensed nonresident seller, the nonresident seller licensee shall submit each label for each product he offers for sale in this state. Cordials and wines which differ only as to age or vintage year, as defined by such regulations, shall be considered the same brand; and those that differ as to type or class may be considered the same brand by the ABLE Commission where consistent with the purposes of this section.
C. The application for registration of a brand label shall be filed on a form prescribed by the ABLE Commission, and shall contain such information as the ABLE Commission shall require. Such application shall be accompanied by a certified check, bank officers' check or draft, or money order in the amount of the annual registration fee, or the properly prorated portion thereof prescribed by this section.
D. 1. The annual fee for registration of any brand label for liquor shall be Three Hundred Seventy-five Dollars ($375.00); the annual fee for registration of any brand label for beer shall be Two Hundred Dollars ($200.00); the annual fee for registration of any brand label for wine made in the United States, or for registration of any category of imported wine as defined by the ABLE Commission, shall be Two Hundred Dollars ($200.00). Beer manufactured in this state shall be exempt from brand label registration fees.
2. Each brand label registered and approved pursuant to this section shall be valid for a term of up to one (1) year, expiring on the June 30 next following registration, and may be renewed for subsequent terms of one (1) year beginning on the July 1 following the initial registration. Brand registration fees for labels registered after July 1 may be prorated through the following June 30 on a quarterly basis. The brand registration fee shall not be transferable.
E. If the ABLE Commission shall deny the application for registration of a brand label it shall return the registration fee to the applicant, less twenty-five percent (25%) of such fee.
F. The ABLE Commission may at any time exempt any discontinued brand from fee provisions of this section where a manufacturer or wholesaler has an inventory of one hundred cases or less of liquor or wine and five hundred cases or less of beer, and certifies to the ABLE Commission in writing that such brand is being discontinued.
Added by Laws 1968, c. 104, § 3, eff. July 1, 1968. Amended by Laws 1977, c. 185, § 6, emerg. eff. June 8, 1977; Laws 1978, c. 200, § 7, emerg. eff. April 14, 1978; Laws 1983, c. 229, § 7, operative July 1, 1983; Laws 1985, c. 6, § 67, emerg. eff. March 14, 1985; Laws 2003, c. 484, § 8, eff. Nov. 1, 2003; Laws 2010, c. 289, § 7, emerg. eff. May 28, 2010.
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