Okla. Stat. tit. 37A, § 37A-3-123

distributors or retailers - Unlawful to discriminate in price –

Violations.

A. It shall be unlawful for any person privileged to sell

alcoholic beverages to wholesalers, beer distributors or retailers:

1. To discriminate, directly or indirectly, in price between

one wine and spirits wholesaler and another wine and spirits

wholesaler, when that manufacturer has not designated a single wine

and spirits wholesaler, or between one retailer and another retailer

purchasing alcoholic beverages bearing the same brand or trade name

and of like age and quality, unless otherwise provided by law; or

2. To grant, directly or indirectly, any discount, rebate, free

goods, allowance or other inducement.

B. The ABLE Commission is hereby authorized to promulgate rules

which are necessary to carry out the purpose of this section and to

prevent its circumvention by offering or giving of any rebate,

allowance, free goods, discount or any other thing or service of

value; provided, the posting or invoicing of charges per order for

processing minimum orders or per case for the handling or repacking

of goods by wine and spirits wholesalers and beer distributors for

sales in less than full case lots shall not constitute a violation

of this section.

C. For the violation of any provision of this section or of any

rule duly promulgated under this section, the ABLE Commission may

issue a written warning, fine, suspend or revoke a license as

follows:

1. For a first offense, a written warning which may be

accompanied by a fine not to exceed Five Thousand Dollars

($5,000.00);

2. For a second offense, not exceeding ten (10) days'

suspension of license; and

3. For a third offense, the ABLE Commission shall revoke the

license.

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 133

Provided, however, prior to suspending or revoking a license,

the ABLE Commission shall first provide written notice to a licensee

of the violation and a period of ninety (90) days following such

notice to cure or remedy such violation. For purposes of this

section, a "second offense" and "third offense" shall mean

violations that are related to or arising out of and occurring

within twelve (12) months of the "first offense".

D. For purposes of this section, and except as otherwise

provided in subsection E of this section, "inducement" means

directly or indirectly offering, selling, trading, giving or

furnishing any discount, free goods, electronic or nonelectronic

refrigerated equipment, barrels, tubs, fixtures, dispensing

equipment, outdoor electric or nonelectric advertising structure

displaying the retailer's name, permanent shelving, supplies, gifts,

prizes, instantly redeemable coupons, premiums, retailer rebates,

services of any employee including but not limited to affixing price

labels or tags, routinely stocking product on shelves other than the

stocking of cold boxes, paying a third party for entering product

and price information into a retailer's computer system, portal,

website, spreadsheet or third-party system, handling product that

was not sold to the retailer by the licensee, paying a slotting fee,

selling on consignment, operating a retailer's cash register,

conducting janitorial services, providing decorations, samples of

alcoholic beverages, personal property or other inducement or thing

of value to any retail spirit, retail beer, retail wine, beer and

wine, mixed beverage, caterer, bottle club or special event

licensee, wine and spirits wholesaler or beer distributor, their

agents or employees.

E. It shall not be deemed an inducement for a brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor to voluntarily take the following merchandising actions

with the permission of the retail licensee:

1. Furnish point-of-sale advertising materials and consumer

advertising specialties, as those terms are defined in 27 C.F.R.,
tributor, their

agents or employees.

E. It shall not be deemed an inducement for a brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor to voluntarily take the following merchandising actions

with the permission of the retail licensee:

1. Furnish point-of-sale advertising materials and consumer

advertising specialties, as those terms are defined in 27 C.F.R.,

Section 6.84 and in compliance with the other limits and

restrictions provided in 27 C.F.R., Section 6.84;

2. Give or sell product displays, including but not limited to

barrels and tubs, provided that the value of such displays does not

exceed the limits and restrictions provided in 27 C.F.R., Section

6.83;

3. Build product displays, accessible to the customer for the

product being delivered by the beer distributor;

4. Affix pricing to the shelf strip or product display for the

product being delivered by the beer distributor, small brewer self-

distributor or brewpub self-distributor, or brewed by the brewer;

5. Routinely stock and restock shelves and cold boxes and

rotate product that has been sold to the retail licensee by the beer

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 134

distributor, small brewer self-distributor or brewpub self-

distributor, or brewed by the brewer;

6. Periodically perform product resets, with permission of the

retail licensee, pursuant to a provided shelf plan or shelf

schematic;

7. Furnish things of value to a temporary retailer, as defined

in 27 C.F.R., Section 6.85;

8. Sell equipment or supplies to a retail licensee, provided

the equipment or supplies are sold at a price not less than the cost

to the industry member and payment is collected within thirty (30)

days of the sale;

9. Install dispensing accessories at the retail location, as

long as the retailer bears the cost of installation including

equipment; or furnish, give or sell coil cleaning services to a

retailer;

10. Withdraw quantities of beer or cider in undamaged, original

packaging from the retail licensee's stock, provided the beer

distributor, small brewer self-distributor, brewpub self-distributor

or brewer sold such beer, directly or indirectly, to the retail

licensee and such removal is otherwise permitted under Section 3-115

of this title; provided, however, replacing with beer or cider of

equivalent value shall not be considered a consignment sale;

11. Provide mail-in rebates for beer, cider and nonalcoholic

beverage merchandise items, funded by the brewer and redeemed by the

brewer, either by itself or through a third-party fulfillment

company, for a discount or rebate on the beer, cider or nonalcoholic

item;

12. Provide a recommended shelf plan or shelf schematic to a

retail licensee for all or any portion of the inventory sold by the

retail licensee;

13. Furnish or give a sample of beer or cider to a retailer who

has not purchased the brand from that brewer, beer distributor,

small brewer self-distributor or brewpub self-distributor within the

last twelve (12) months, provided that the brewer, beer distributor,

small brewer self-distributor or brewpub self-distributor may not

give more than thirty-six (36) ounces of any brand of beer or cider

to a specific retailer;

14. Furnish or give newspaper cuts, mats or engraved blocks for

use in retailers' advertisements;

15. Package and distribute beer or cider in combination with

other nonalcoholic items for sale to consumers;

16. Give or sponsor educational seminars for employees of

retailers either at the brewer, beer distributor, small brewer self-

distributor or brewpub self-distributor's premises or at the

retailer's establishment, including seminars dealing with use of a

retailer's equipment, training seminars for employees of retailers

or tours of the brewer, beer distributor, small brewer self-

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 135
loyees of

retailers either at the brewer, beer distributor, small brewer self-

distributor or brewpub self-distributor's premises or at the

retailer's establishment, including seminars dealing with use of a

retailer's equipment, training seminars for employees of retailers

or tours of the brewer, beer distributor, small brewer self-

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 135

distributor, or brewpub self-distributor's plant premises, provided

that the brewer, beer distributor, small brewer self-distributor or

brewpub self-distributor shall not pay the retailer for the

employees' travel, lodging or other expenses in conjunction with an

educational seminar but may provide nominal hospitality during the

event;

17. Conduct tasting or sampling activities at a retail

establishment and purchase the products to be used from the retailer

so long as the purchase price paid does not exceed the ordinary

retail price; provided, a beer distributor shall not be required to

provide labor for such sampling activities;

18. Offer contest prizes, premium offers, refunds and like

items directly to consumers so long as officers, employees and

representatives of brewers, beer distributors, small brewer self-

distributors, brewpub self-distributors and licensed retailers are

excluded from participation;

19. List the names and addresses of two or more unaffiliated

retailers selling the products of a brewer, beer distributor, small

brewer, small brewer self-distributor or brewpub self-distributor in

an advertisement of such brewer, beer distributor, small brewer,

small brewer self-distributor or brewpub self-distributor so long as

the requirements of 27 C.F.R., Section 6.98 are satisfied,

considering applicable guidance issued by the United States

Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;

provided, nothing in the Oklahoma Alcoholic Beverage Control Act

shall prohibit a retail, mixed beverage, on-premises beer and wine,

public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee from

communicating with a brewer, beer distributor, small brewer, small

brewer self-distributor or brewpub self-distributor on social media

or sharing media on the social media page or site of a brewer, beer

distributor, small brewer, small brewer self-distributor or brewpub

self-distributor. A retail, mixed beverage, on-premises beer and

wine, public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee may

request free social media advertising from a brewer, beer

distributor, small brewer, small brewer self-distributor or brewpub

self-distributor; provided, nothing in this section shall prohibit a

brewer, beer distributor, small brewer, small brewer self-

distributor or brewpub self-distributor from sharing, reposting or

forwarding a social media post by a retail, mixed beverage, on-

premises beer and wine, public event, special event, charitable

auction, charitable alcoholic beverage event, or complimentary

beverage licensee, as long as the sharing, reposting or forwarding

of the social media post does not contain the retail price of any

alcoholic beverage. No brewer, beer distributor, small brewer,

small brewer self-distributor or brewpub self-distributor shall pay

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 136

or reimburse a retail, mixed beverage, on-premises beer and wine,

public event, special event, charitable auction, charitable

alcoholic beverage event, or complimentary beverage licensee,

directly or indirectly, for any social media advertising services.

No retail, mixed beverage, on-premises beer and wine, public event,

special event, charitable auction, charitable alcoholic beverage

event, or complimentary beverage licensee shall accept any payment

or reimbursement, directly or indirectly, for any social media
le

alcoholic beverage event, or complimentary beverage licensee,

directly or indirectly, for any social media advertising services.

No retail, mixed beverage, on-premises beer and wine, public event,

special event, charitable auction, charitable alcoholic beverage

event, or complimentary beverage licensee shall accept any payment

or reimbursement, directly or indirectly, for any social media

advertising service offered by a brewer, beer distributor, small

brewer, small brewer self-distributor or brewpub self-distributor.

For purposes of this paragraph, "social media" means a service,

platform or site where users communicate with one another and share

media, such as pictures, videos, music and blogs, with other users

free of charge; or

20. Entering product and price information into a retailer's

portal, website, spreadsheet or third-party system. A brewer may

pay for a third-party system that provides data and pricing services

to the brewer or a beer distributor.

F. It shall not be deemed an inducement for a brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor to engage in the following marketing activities,

provided that the brewer, beer distributor, small brewer self-

distributor or brewpub self-distributor shall not pay the retailer's

travel costs other than those for local transportation or lodging:

1. Provide tickets to a retailer for a sporting or

entertainment event so long as a representative of the brewer, beer

distributor, small brewer self-distributor or brewpub self-

distributor attends the event with the retailer;

2. Provide food and beverage to a retailer for immediate

consumption:

a. at a meeting at which the primary purpose is the

discussion of business,

b. at a convention when the food and beverages are

offered to all participants, or

c. at a sports or entertainment event that the

representatives of a brewer, beer distributor, small

brewer self-distributor or brewpub self-distributor

attend with the retailer;

3. Participate in retailer association activities by engaging

in the following actions:

a. displaying products at a convention or trade show,

b. renting display booth space if the rental fee is the

same as paid by all exhibitors at the event,

c. providing its own hospitality which is independent

from association-sponsored activities,

d. purchasing tickets to functions and paying

registration fees if the payments or fees are the same

Oklahoma Statutes - Title 37a. Alcoholic Beverages Page 137

as paid by all attendees, participants or exhibitors

at the event, or

e. making payments for advertisements in programs or

brochures issued by retailer associations at a

convention or trade show; or

4. Giving or selling outdoor signs to a retailer so long as the

following requirements of 27 C.F.R., Section 6.102 are satisfied:

a. the sign bears conspicuous and substantial advertising

matter about the product or the brewer, beer

distributor, small brewer self-distributor or brewpub

self-distributor which is permanently inscribed or

securely affixed,

b. the retailer is not compensated, directly or

indirectly, such as through a sign company, for

displaying the signs, and

c. a permanent outdoor sign does not contain the

retailer's name.

G. It shall not be deemed an inducement or a discriminatory

action for a brewer, beer distributor, small brewer self-

distributor, brewpub self-distributor, or a wine and spirits

wholesaler to establish individualized servicing and delivery

schedules for its retailers based on each retailer's actual needs,

including, without limitation, on the basis of the retailer's sales

volume.