2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-2-135. Manufacturer's license - Nonresident seller license
Text effective Oct. 1, 2018. See, also, Title 37 for text effective until Oct. 1, 2018.
A. All out-of-state distillers, winemakers, brewers, importers, brokers and others who sell alcoholic beverages to wine and spirits wholesalers and beer distributors in Oklahoma, regardless of whether such sales are consummated within or without the state, must either obtain a manufacturer's license or contract with a person that maintains a nonresident seller license in order to sell alcoholic beverages intended for consumption within the State of Oklahoma.
A manufacturer's license or nonresident seller license shall authorize the holder thereof to solicit and take orders for alcoholic beverages from the holders of licenses authorized to import the same into this state, and to ship or deliver, or cause to be shipped or delivered, alcoholic beverages into Oklahoma pursuant to such sales.
B. A brewer not licensed in this state selling beer to a nonresident seller shall have a written distribution sales agreement with the nonresident seller. Such agreement shall be subject to inspection by the ABLE Commission.
C. The ABLE Commission may, subject to the provisions of the Oklahoma Alcoholic Beverage Control Act requiring notice and hearing in the case of sanctions against holders of licenses, suspend or revoke a manufacturer's license or nonresident seller license for any violation of the Oklahoma Alcoholic Beverage Control Act by the holder thereof.
D. No licensee in this state authorized to import alcoholic beverages into this state shall purchase or receive any alcoholic beverages from without this state from any person not holding a valid and existing manufacturer's license or nonresident seller license. Every manufacturer's license or nonresident seller license shall expire on the June 30 following its issuance or renewal, and shall be eligible for subsequent renewal terms of one (1) year beginning on the July 1 following each expiration. License fees for a new or initial manufacturer's license or nonresident seller license applied for after July 1 may be prorated through the following June 30 on a quarterly basis.
E. The holder of a manufacturer's license or nonresident seller license shall, promptly upon consignment of any alcoholic beverages to an importer in Oklahoma, forward to the ABLE Commission a true copy of the invoice, bill of lading or other document as the ABLE Commission may by rule prescribe, showing the details of such shipment.
F. Any person, not otherwise a dealer in alcoholic beverages, coming into possession of any alcoholic beverages as security for or in payment of a debt, or as an insurer or its transferee or assignee for the salvage or liquidation of an insured casualty or damage or loss, or as an executor, administrator, trustee or other fiduciary, may sell the beverages in one lot or parcel to a duly licensed wholesaler or beer distributor at an agreed-upon price without regard to current posted prices. However, immediately after taking possession of the alcoholic beverages, the person shall register with the Director and furnish a detailed list of the alcoholic beverages and post with the Director a bond in such amount as the Director deems sufficient to protect the state from any taxes due on the alcoholic beverages. The person shall pay to the Director a registration fee of Fifty Dollars ($50.00), which fee shall permit the sale of only the alcoholic beverages detailed in the registration request. A wholesaler or beer distributor receiving a lot or parcel of alcoholic beverages pursuant to this subsection may sell it in one lot or parcel or more than one lot or parcel to a licensed package store or mixed beverage licensee or more than one licensed package store or mixed beverage licensee at an agreed-upon price without regard to current posted prices; provided, the total of the lots sold by the wholesaler or beer distributor shall not exceed four (4) lots.
Added by Laws 2016, c. 366, § 47, eff. Oct. 1, 2018.
NOTE: This section shall become effective October 1, 2018, upon certification of election returns favoring passage of the Constitutional Amendment proposed in Senate Joint Resolution No. 68 of the 2nd Session of the 55th Oklahoma Legislature.
