Okla. Stat. tit. 37A, § 37A-3-116.1

Posting requirements.

A. In the event a manufacturer has not designated a wine and

spirits wholesaler, or a brewer has not appointed a beer distributor

as a designated wholesaler pursuant to subsection B of Section 3-116

of this title, to sell its product in the state, then every wine and

spirits wholesaler that sells that product shall comply with the

following posting requirements:

1. All wine and spirits wholesalers who choose to sell the

Nondesignated Product shall file with the ABLE Commission on the

fifteenth day of each posting month a proposed category percentage

markup. A percentage markup shall be defined as a percentage of

increase or decrease in relation to the wholesaler laid-in-cost for

all items in each category. The percentage does not have to be the

same for all categories, but in the original posting the percentage

shall be the same for all items in the same category;

2. The proposed markups shall be computed by percentage in the

four categories: Spirits, Cordials and Specialties, Wines-Domestic

and Wines-Imported. In reporting to the ABLE Commission, the

proposed markups shall be set forth in the following categories and

order:

a. Category 1 - Spirits: Straights, Blends, Bonds, Corn,

Rye, Scotch, Canadian, Irish, Vodka, Gin, Rum, Brandy

Alcohol and Tequila,

b. Category 2 - Cordials and Specialties: Cocktails,

Cordials, Domestic and Imported and Miscellaneous

Specialties,

c. Category 3 - Wines-Domestic: Vermouth American,

Fortified American, Light American and Champagne

American, and

d. Category 4 - Wines-Imported: Vermouth Imported,

Fortified Imported, Light French, Light German, Light

Other Imported and Champagne Imported;

3. When a wine and spirits wholesaler desires to charge for

expenses incurred in handling of individual bottles in fractional

cases, or for transportation of their alcoholic beverage to persons

licensed to purchase the same, the wine and spirits wholesaler shall

on the fifteenth day of each posting month include with its proposed

percentage posting the separate amounts, if any, to be charged for

bottle handling and the amount of transportation, respectively, to

be charged per case;

4. The proposed posting by the wine and spirits wholesaler

shall list the percentage posting, and the handling and

transportation cost without discrimination to all licensees

regardless of their distance from the wine and spirits wholesaler's

warehouse;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 124

5. The ABLE Commission shall immediately upon receipt of all

proposed category percentage postings, prepare a summation of the

proposal and disseminate an electronic copy to all wine and spirits

wholesalers. The summation shall contain the proposed percentage

posting for each category, including proposed transportation charges

as submitted by each wine and spirits wholesaler;

6. After filing the report required by this subsection, any and

all wine and spirits wholesalers shall be permitted to register on

or before the twenty-fifth day of each posting month an adjusted

price. The adjusted price means percentage or individual item

prices reported and registered by a wine and spirits wholesaler on

or before the twenty-fifth day of the posting month in response to a

lower percentage reported and registered by a competitor on the

fifteenth day of the month. The adjusted price shall be no lower

than the lowest percentage posted on the fifteenth day of said month

by any wine and spirits wholesaler;

7. The adjusted price posted by a wine and spirits wholesaler

in response to the lowest percentage posted by any wine and spirits

wholesaler may, but need not be, posted in terms of a percentage

and, if not so stated, shall state the price at which the wine and

spirits wholesaler proposes to sell each individual item or size of

item which he proposes to offer for sale during the posting period.
The adjusted price posted by a wine and spirits wholesaler

in response to the lowest percentage posted by any wine and spirits

wholesaler may, but need not be, posted in terms of a percentage

and, if not so stated, shall state the price at which the wine and

spirits wholesaler proposes to sell each individual item or size of

item which he proposes to offer for sale during the posting period.

The price postings, except for unmodified percentage markups, shall

describe each item by brand, size, age, type and proof. Wines and

champagnes shall reflect the alcoholic contents thereof;

8. The percentage markup utilized by a wine and spirits

wholesaler in calculating its adjusted prices may be at any level

between its originally posted percentage markup and the lowest

percentage markup originally posted by any other wine and spirits

wholesaler, but may not be above its original posting or below the

lowest percentage posted by any wine and spirits wholesaler. Any

fraction within four (4) decimals in determining final prices of

bottles shall be raised to the next higher cent;

9. Each wine and spirits wholesaler may, upon the twenty-fifth

day of the posting month, adjust his transportation and handling

charges to a level no lower than that of a competitor or higher than

its initial proposal on the fifteenth day of the posting month.

Such bottle handling and transportation charge shall be in effect

for the duration of the price posting which it accompanies.

Provided, that if a licensee shall order any item in full case lots

and the wine and spirits wholesaler does not have in inventory such

item in full case lots, no bottle handling charge may be assessed to

the licensee for the partial case;

10. All wine and spirits wholesalers shall, on the same date of

filing an adjusted price posting with the ABLE Commission, transmit

electronically a copy of its adjusted prices to each wine and

spirits wholesaler in the state;

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 125

11. A wine and spirits wholesaler may include a minimum order

charge of no less than One Dollar ($1.00) for any order of alcoholic

beverages to a retail, mixed beverage, caterer or special event

licensee that does not exceed the amount that such wholesaler

designates as a minimum order in his proposed price posting. The

minimum charge, if it is more than One Dollar ($1.00), and the

amount of the minimum order shall be included in the price posting;

12. All price postings, as adjusted, shall become effective on

the first day of the following month and remain in effect for a

period of two (2) months. No other charge may be assessed by the

wholesaler to the licensee except those expressly authorized by the

provisions of the Oklahoma Alcoholic Beverage Control Act or the

rules of the ABLE Commission;

13. A price posting on a new item not previously stocked by a

wine and spirits wholesaler shall be filed with the ABLE Commission

prior to offering for sale, but no such item shall be listed at a

lower price than is then, or will be, in effect during the price

period for which the new item is filed, and within the percentage in

the proper category of said wine and spirits wholesaler. In the

event of a new item posting, mailings to wine and spirits

wholesalers and those licensed to purchase wine and spirits in the

state, as herein required, shall be sent on the same date as the

postings;

14. When a wine and spirits wholesaler discontinues an item, or

does not have an item in its warehouse or on order, the item shall

be deleted from its price posting. When or if the item is restocked

or replaced in the inventory of the wine and spirits wholesaler, it

shall be reentered into the price postings as would a new item;

15. The sale of or the offer to sell alcoholic beverages at the

prices quoted in such price posting before the same is in force and

effect shall be grounds for the suspension or revocation of the wine
leted from its price posting. When or if the item is restocked

or replaced in the inventory of the wine and spirits wholesaler, it

shall be reentered into the price postings as would a new item;

15. The sale of or the offer to sell alcoholic beverages at the

prices quoted in such price posting before the same is in force and

effect shall be grounds for the suspension or revocation of the wine

and spirits wholesaler's license if the new price varies from the

price then in effect; and

16. The provisions of this section are severable, and if any

provisions of the same shall be void, the decision of the court so

holding shall not affect or impair the remaining parts or provisions

thereof.

B. This section shall not apply to products that have been

designated by a manufacturer for distribution by a wine and spirits

wholesaler or by a brewer for distribution by a beer distributor

pursuant to subsection B of Section 3-116 of this title in the

state.