Okla. Stat. tit. 37A, § 37A-3-116

foreign country to licensed wine and spirits wholesalers –

Violations.

A. Any manufacturer or subsidiary of a manufacturer who markets

its products solely through a subsidiary or subsidiaries, a

distiller, rectifier, bottler, winemaker or importer of alcoholic

beverages, bottled or made in a foreign country, either within or

without this state, may sell such brands or kinds of alcoholic

beverages to every licensed wine and spirits wholesaler who desires

to purchase the same, on the same price basis and without

discrimination or inducements, and shall further be required to sell

such beverages only to those persons licensed as wine and spirits

wholesalers.

B. The provisions of subsection A of this section shall not

apply to a brewer except as otherwise stated herein. In the event a

brewer, who has entered into territorial distribution agreements

with beer distributors in this state, markets wine and spirits

products in this state either itself or through a subsidiary or

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affiliate, then such brewer, subsidiary or affiliate may elect to

designate beer distributors, with whom it has entered into

territorial distribution agreements, as its designated wholesalers

for any wine and spirit products to be sold by the brewer,

subsidiary or affiliate within the beer distributors’ existing

territories, provided such beer distributors must also hold a wine

and spirits wholesaler license. In such event, the beer

distributors shall be deemed designated wholesalers for the

territory with respect to the designated products. Provided, in the

event a beer distributor has not obtained a wine and spirits

license, has elected not to sell wine and spirits in its respective

territory or, in the brewer’s commercially reasonable discretion, is

not suitable to sell wine and spirits in its respective territory,

then the brewer, subsidiary or affiliate may extend the territory of

an existing beer distributor, with whom it has entered into a

territorial distribution agreement and who holds a wine and spirits

wholesaler license, for the territory. For purposes of this

subsection only, the phrase “subsidiary or affiliate” shall mean any

entity that the brewer controls, is controlled by, or is under

common control with, during the time that the wine and spirits

brands are offered for sale in this state, and “control” shall mean

ownership of more than fifty percent (50%) of the voting securities

or assets of, or the ability to dictate the material operations of,

another entity. If the brewer, subsidiary or affiliate sells the

wine and spirits brands to a manufacturer other than one that would

otherwise fall within the provisions of this subsection, then the

rights provided in this subsection which relate to the wine and

spirits brands shall terminate. The rights provided to beer

distributors pursuant to Section 3-111 of this title shall not be

extended to apply to the wine or spirits brands distributed pursuant

to this subsection.

C. No manufacturer shall require a wine and spirits wholesaler

to purchase any alcoholic beverages or any goods, wares or

merchandise as a condition to the wine and spirits wholesaler

obtaining or being entitled to purchase any alcoholic beverages.

Violation of this section shall be a misdemeanor. Conviction

hereunder shall automatically revoke the violator’s license.

D. In the event a manufacturer or nonresident seller has not

designated a designated wholesaler to sell its products in the

state, the nondesignated products shall be posted in accordance with

the following:

1. On the first business day of each month, the manufacturer

shall post with the ABLE Commission the price of all wine and

spirits it proposes to offer for sale to licensed wine and spirit

wholesalers in this state. All prices shall become effective on the

first business day of the following month and shall remain in effect
esignated products shall be posted in accordance with

the following:

1. On the first business day of each month, the manufacturer

shall post with the ABLE Commission the price of all wine and

spirits it proposes to offer for sale to licensed wine and spirit

wholesalers in this state. All prices shall become effective on the

first business day of the following month and shall remain in effect

and unchanged for a period of not less than one (1) month. The

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posting shall be submitted on a form approved by the ABLE Commission

and shall identify the brand, size, alcohol content and price of

each item intended to be offered for sale. No change or

modification of the posted price shall be permitted except upon

written permission from the ABLE Commission based on good cause

shown;

2. When a new item is registered, or an old item is

discontinued, or any change is made by a manufacturer or nonresident

seller as to price, age, proof, label or type of bottle of any item

offered for sale in this state, such new item, discontinued item or

change in price, age, proof, label or type of bottle of any item

shall be listed separately on the cover page of the price schedule

and, in the case of prices changed, shall reflect both the old and

the new price of the item changed. All new items and changes as to

age, proof, label or type of bottle in which any item is offered for

sale shall first be submitted in writing to the ABLE Commission for

approval under such requirements as it may deem proper. Approval or

disapproval of price changes shall not be required if filed in

conformity with the provisions of this subsection.

a. In addition to the foregoing requirements, the

manufacturer shall, at the same time, on regular forms

provided by the ABLE Commission, re-register all items

of alcoholic beverage which the manufacturer had

registered and offered for sale in this state during

the previous price period.

b. A short form of price posting may be permitted by the

ABLE Commission for any price period in which no new

item is offered or old item discontinued, or change is

made in the price, age, proof, label or type of bottle

of any item offered by any manufacturer. Such short

form shall contain only such statements as the

Director may require or permit;

3. The brand name, size, proof and type of alcoholic beverages

must be shown on each container sold in this state;

4. No brand of alcoholic beverage shall be listed on a price

list or posting in more than one place, or offered for sale by more

than one method, or at more than one price, except as provided

hereafter:

a. a manufacturer who has posted F.O.B. prices from a

foreign shipping point shall also list the same

item(s) at an F.O.B. point within the continental

United States. Only one United States F.O.B. point

shall be permitted, and

b. a manufacturer may list on their price list or posting

an item of specific size that may be packaged in more

than one type or design container, provided that the

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containers being offered have been approved by the

ABLE Commission;

5. The manufacturer shall sell to the wine and spirits

wholesalers all items of wine and spirits at the current posted

price in effect on the date of the shipment as shown on the

manifest, bill of lading or invoice;

6. A full and correct copy of each such price registration

shall be transmitted to wine and spirits wholesalers on the same day

such prices are filed with or mailed to the ABLE Commission. Proof

of such mailing or delivery shall be furnished the ABLE Commission

by the manufacturer with the price registration or upon request;

7. The sale, or offer to sell, of any item of alcoholic

beverage by a manufacturer to a wine and spirits wholesaler at a

price not in compliance with the price posted with the ABLE

Commission may be deemed a violation; and
or mailed to the ABLE Commission. Proof

of such mailing or delivery shall be furnished the ABLE Commission

by the manufacturer with the price registration or upon request;

7. The sale, or offer to sell, of any item of alcoholic

beverage by a manufacturer to a wine and spirits wholesaler at a

price not in compliance with the price posted with the ABLE

Commission may be deemed a violation; and

8. This subsection shall not apply to a manufacturer that has

designated a wine and spirits wholesaler to sell its product in the

state or a brewer who has appointed a beer distributor as a

designated wholesaler pursuant to subsection B of this section, with

respect to designated products.

E. Every wine and spirits wholesaler is authorized:

1. To ship orders to retailers non-sequentially; and

2. To fill orders non-sequentially only on products that have

been designated as being in short supply.

As used in this subsection, “short supply” means those

individual brand labels of alcoholic beverages normally supplied by

the manufacturer or manufacturers that, for whatever reason, lack

sufficient supply to fully satisfy the demand of the Oklahoma retail

and/or on-premises market.

F. Upon the manufacturer notifying the wholesalers of products

designated as short supply, the wholesaler shall also then notify

the ABLE Commission as soon as practical.

G. The ABLE Commission shall publish a list of every product

designated as short supply by the Director on its website every

thirty (30) days. After thirty (30) days, the wholesaler shall send

an updated notice to the ABLE Commission if the product or products

are in short supply. The ABLE Commission shall remove those

products if notification is not received. These activities shall

not constitute a violation of this title or any rule promulgated

under this title.