2017 Oklahoma Statutes
Title 37A. Alcoholic Beverage
§37A-3-123. Sale of alcoholic beverages to wholesalers or retailers - Unlawful to discriminate price - Violations
Text effective Oct. 1, 2018. See, also, Title 37 for text effective until Oct. 1, 2018
A. It shall be unlawful for any person privileged to sell alcoholic beverages to wholesalers or retailers:
1. To discriminate, directly or indirectly, in price between one wine and spirits wholesaler and another wine and spirits wholesaler, when that manufacturer has not designated a single wine and spirits wholesaler, or between one retailer and another retailer purchasing alcoholic beverages bearing the same brand or trade name and of like age and quality; or
2. To grant, directly or indirectly, any discount, rebate, free goods, allowance or other inducement.
B. The ABLE Commission is hereby authorized to promulgate rules which are necessary to carry out the purpose of this section and to prevent its circumvention by offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; provided, the posting or invoicing of charges per order for processing minimum orders or per case for the handling or repacking of goods by wine and spirits wholesalers and beer distributors for sales in less than full case lots shall not constitute a violation of this section.
C. For the violation of any provision of this section or of any rule duly promulgated under this section, the ABLE Commission may suspend or revoke a license as follows:
1. For a first offense, not exceeding ten (10) days' suspension of license;
2. For a second offense, not exceeding thirty (30) days' suspension of license; and
3. For a third offense, the ABLE Commission shall revoke the license.
Added by Laws 2016, c. 366, § 93, 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.
