Okla. Stat. tit. 37A, § 37A-2-108

A. A beer distributor license shall authorize the holder

thereof:

1. To purchase and import into this state cider from persons

authorized to sell the same who are the holders of manufacturer's

licenses, and their agents who are the holders of manufacturer's

agent licenses;

2. To purchase and import into this state beer or cider from

persons authorized to sell the same who are the holders of brewer's

or small brewer's licenses;

3. To purchase beer and cider from licensed beer distributors

in this state;

4. To sell in retail containers to retailers, on-premises beer

and wine, mixed beverage, caterer, special event, public event,

hotel beverage and airline/railroad beverage licensees or any other

licensee permitted to sell beer to consumers in this state, beer and

cider which has been received, unloaded and stored at the holder's

self-owned or leased and self-operated warehouses before such sale,

unless otherwise permitted by this section;

5. To sell beer and cider in this state to beer distributors

and out of this state to qualified persons, including federal

instrumentalities and voluntary associations of military personnel

on federal enclaves in this state over which this state has ceded

jurisdiction;

6. To donate beer and cider to organizations, associations or

nonprofit corporations organized for political, fraternal,

charitable, religious or social purposes or to charitable events;

. To transport wine, spirits, beer and cider in vehicles owned,

leased or operated by the beer distributor, a subsidiary of the beer

distributor, or its agent, in addition to any nonalcoholic items.

Provided, if the beer distributor transports wine and spirits, a

valid wine and spirits wholesaler license must be maintained by the

beer distributor or affiliated entity having common ownership with

the licensed beer distributor; and

8. To store alcoholic beverages of any kind, including wine and

spirits owned by a licensed affiliated entity having common

ownership, nonalcoholic beverages, and other goods, wares, and

merchandise related to the foregoing, in any number of warehouses

owned or leased by the beer distributor as determined by the beer

distributor. Provided, however, the storage of wine and spirits

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 40

shall comply with the limitations to the number of warehouses

contained in Section 2-107 of this title. There shall be no

obligation to segregate the products in the warehouse by alcohol

content or type of product. For purposes of this section, a leased

warehouse includes a leased space within a multi-tenant building as

long as such leased space is a discrete, enclosed area operated and

controlled exclusively by the beer distributor.

B. In the event that no in-state beer distributor for a

particular brewer or manufacturer is willing to deliver beer or

cider to a county or counties located within the state, the ABLE

Commission may grant an economic hardship exemption to an out-of-

state beer distributor for a particular brewer and waive the at-rest

requirement set forth in this section, upon a good-faith showing

that:

1. It is economically infeasible or impractical for an in-state

beer distributor for a particular brewer to deliver to the county or

counties due to remoteness, or population, or both;

2. No in-state beer distributor of a particular brewer or

manufacturer objects to the waiver within thirty (30) days of

receiving written notice of the economic hardship application sent

by the ABLE Commission; and

3. The out-of-state beer distributor agrees to pay all

necessary licensing fees and remit all applicable taxes to the State

of Oklahoma.

C. The economic hardship exemption provided for in subsection B

of this section shall renew annually, provided that no in-state beer

distributor for a particular brewer or manufacturer submits an

executed distribution agreement to assume responsibility to
3. The out-of-state beer distributor agrees to pay all

necessary licensing fees and remit all applicable taxes to the State

of Oklahoma.

C. The economic hardship exemption provided for in subsection B

of this section shall renew annually, provided that no in-state beer

distributor for a particular brewer or manufacturer submits an

executed distribution agreement to assume responsibility to

distribute the beer in the subject county or counties at least sixty

(60) days prior to the renewal date of the exemption. The in-state

beer distributor who has executed a distribution agreement to assume

responsibility to distribute beer in the subject territory shall

compensate the out-of-state distributor the fair market value of the

distribution rights of the territory as determined pursuant to

Section 3-108 of this title.

D. Provided, nothing in this section shall require an Oklahoma

licensed beer distributor with an Oklahoma designated territory on

the effective date of this act to meet the hardship provisions in

subsections B and C of this section to continue to operate as a

licensed Oklahoma beer distributor.