Okla. Stat. tit. 37A, § 37A-3-101

beverages - Exemptions for dentists, physicians, drugstores,

churches and military reservations - Restrictions on retail sales

and shipping for out-of-state businesses.

A. No person shall manufacture, rectify, sell, possess, store,

import into or export from this state, transport or deliver any

alcoholic beverage except as specifically provided in the Oklahoma

Alcoholic Beverage Control Act. Provided, that nothing herein shall

prevent the possession and transportation of alcoholic beverages for

the personal use of the possessor and his or her family and guests,

so long as the Oklahoma excise tax has been paid thereon, except for

beer. Provided, further, that nothing herein shall prevent a person

from making beer, cider or wine, by simple fermentation and without

distillation for personal use if the maker of such beverages has

first applied for and possesses a valid personal use permit issued

by the ABLE Commission and the total volume of beer, cider or wine

produced in any given calendar year is less than two hundred (200)

gallons. No beverages made pursuant to a personal use permit shall

be sold or offered for sale.

B. 1. Any duly licensed physician or dentist may possess and

use alcoholic beverages in the strict practice of the profession and

any hospital or other institution caring for sick or diseased

persons may possess and use alcoholic beverages for the treatment of

bona fide patients of such hospital or institution. Any drugstore

employing a licensed pharmacist may possess and use alcoholic

beverages in the preparation of prescriptions of duly licensed

physicians.

2. The possession, transportation and dispensation of wine by

any authorized representative of any church for the conducting of a

bona fide rite or religious ceremony conducted by such church shall

not be prohibited by the Oklahoma Alcoholic Beverage Control Act;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 96

nor shall such act prevent the sale, shipping or delivery of

sacramental wine by any person holding a sacramental wine supplier

license issued pursuant to the Oklahoma Alcoholic Beverage Control

Act to any religious corporation or society of this state holding a

valid exemption from taxation issued pursuant to Section 501(a) of

the Internal Revenue Code, 1954, and listed as an exempt

organization in Section 501(c)(3) of the Internal Revenue Code,

1954, of the United States, as amended.

3. Provided further, that nothing in the Oklahoma Alcoholic

Beverage Control Act shall prevent the possession, transportation

and sale of alcoholic beverages within military reservations and in

accordance with the laws and rules governing such military

reservations, provided that the Oklahoma excise tax has been paid on

such beverages.

C. 1. Except as otherwise authorized by law, it is unlawful

for any brewer, manufacturer, wine and spirits wholesaler, beer

distributor or retailer of alcoholic beverages, located and doing

business from outside this state, to make retail sales of alcoholic

beverages to purchasers located in this state or to ship alcoholic

beverages sold at retail to persons located in this state. Any

person who engages in the sale or shipping of alcoholic beverages in

violation of the provisions of this subsection, upon conviction,

shall be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is

made to a person under twenty-one (21) years of age, or a

misdemeanor, if the sale or delivery is made to a person twenty-one
rages in

violation of the provisions of this subsection, upon conviction,

shall be guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is

made to a person under twenty-one (21) years of age, or a

misdemeanor, if the sale or delivery is made to a person twenty-one

(21) years of age or older.

2. The fine for a violation of this subsection shall be not

more than Five Thousand Dollars ($5,000.00).

3. In addition, if the person holds a license issued by the

ABLE Commission, the license shall be revoked pursuant to Section 60

of this act.

D. All brewers, importers, brokers and others who sell beer or

cider to licensed beer distributors in Oklahoma or manufacturers,

importers, brokers and others who sell cider to licensed beer

distributors in Oklahoma, regardless of whether such sales are

consummated within or without the state, must obtain a license, as

the case may be, in order to sell beer or cider intended for

consumption within the State of Oklahoma.