Okla. Stat. tit. 37A, § 37A-2-157
This is the official text of Okla. Stat. tit. 37A, § 37A-2-157, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
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Winery self-distribution - Report to Commission on
Official statutory text
sales - Notice of exceeding production limit – Fines.
A. Every winemaker or small farm winery electing to directly
sell its wines to retailers, mixed beverage licensees, beer and wine
licensees, and restaurants must obtain a winery self-distribution
license and pay the applicable license fee and shall register its
products and post its prices with the state in the same manner
required of the holder of a nonresident seller license.
B. Every winemaker or small farm winery electing to directly
sell its wines to retailers, mixed beverage licensees, beer and wine
licensees, and restaurants shall report all sales to retail package
stores, mixed beverage licensees, beer and wine licensees, and
restaurants in this state to the ABLE Commission and to the Oklahoma
Tax Commission at least monthly, or in accordance with such rules as
the ABLE Commission shall promulgate and shall pay to the Tax
Commission all excise and other taxes imposed by this state upon
such wine in the same manner required of the holder of a nonresident
seller license.
C. Any self-distributing winemaker within or without this state
who shall, in any calendar year, exceed the production volume limit
provided for in subsection B of Section 2-105 of this title, shall
immediately notify the ABLE Commission of such fact and shall
thereafter have the option to sell the wines they produce to every
licensed wholesale distributor who desires to purchase the same, on
the same price basis and without discrimination, and shall
thereafter be allowed to sell such beverages only to such licensed
wholesale distributors or cease to sell its products in this state.
D. All winemakers who conduct business in this state shall be
prohibited from creating, forming or participating in any kind of a
cooperative or pooled transportation or distribution arrangement.
E. Any licensed winemaker or winery that sells or distributes
its wine directly to a retailer, mixed beverage licensee, beer and
wine licensee or restaurant in this state after having exceeded the
production volume limit provided for in subsection B of Section 2-
105 of this title in any calendar year shall be subject to a fine of
Ten Thousand Dollars ($10,000.00). In addition, if the violation is
a second or subsequent violation, the winemaker or winery shall not
be allowed to transport wine to a retail package store or restaurant
for three (3) years from the date of the second or subsequent
violation.
F. If Section 2 of Article XXVIIIA of the Oklahoma Constitution
is ruled to be unconstitutional by a court of competent
jurisdiction, then any licensed winemaker or winery that then
continues to sell or distribute its wine directly to a retail
package store, mixed beverage licensee, beer and wine licensee or
restaurant in this state shall be subject to a fine of Ten Thousand
Dollars ($10,000.00) per violation.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 90
A. Every winemaker or small farm winery electing to directly
sell its wines to retailers, mixed beverage licensees, beer and wine
licensees, and restaurants must obtain a winery self-distribution
license and pay the applicable license fee and shall register its
products and post its prices with the state in the same manner
required of the holder of a nonresident seller license.
B. Every winemaker or small farm winery electing to directly
sell its wines to retailers, mixed beverage licensees, beer and wine
licensees, and restaurants shall report all sales to retail package
stores, mixed beverage licensees, beer and wine licensees, and
restaurants in this state to the ABLE Commission and to the Oklahoma
Tax Commission at least monthly, or in accordance with such rules as
the ABLE Commission shall promulgate and shall pay to the Tax
Commission all excise and other taxes imposed by this state upon
such wine in the same manner required of the holder of a nonresident
seller license.
C. Any self-distributing winemaker within or without this state
who shall, in any calendar year, exceed the production volume limit
provided for in subsection B of Section 2-105 of this title, shall
immediately notify the ABLE Commission of such fact and shall
thereafter have the option to sell the wines they produce to every
licensed wholesale distributor who desires to purchase the same, on
the same price basis and without discrimination, and shall
thereafter be allowed to sell such beverages only to such licensed
wholesale distributors or cease to sell its products in this state.
D. All winemakers who conduct business in this state shall be
prohibited from creating, forming or participating in any kind of a
cooperative or pooled transportation or distribution arrangement.
E. Any licensed winemaker or winery that sells or distributes
its wine directly to a retailer, mixed beverage licensee, beer and
wine licensee or restaurant in this state after having exceeded the
production volume limit provided for in subsection B of Section 2-
105 of this title in any calendar year shall be subject to a fine of
Ten Thousand Dollars ($10,000.00). In addition, if the violation is
a second or subsequent violation, the winemaker or winery shall not
be allowed to transport wine to a retail package store or restaurant
for three (3) years from the date of the second or subsequent
violation.
F. If Section 2 of Article XXVIIIA of the Oklahoma Constitution
is ruled to be unconstitutional by a court of competent
jurisdiction, then any licensed winemaker or winery that then
continues to sell or distribute its wine directly to a retail
package store, mixed beverage licensee, beer and wine licensee or
restaurant in this state shall be subject to a fine of Ten Thousand
Dollars ($10,000.00) per violation.
Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 90
Status: in_force · Read it on the official government site
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