Okla. Admin. Code § 45:30-3-1

Current through Vol. 42, No. 4, November 1, 2024

Section 45:30-3-1 - Certain Manufacturer discrimination prohibited

(a) Every Manufacturer who does not designate one wine and spirits wholesaler as its only wholesaler with the ABLE Commission, before selling or offering to sell any alcoholic beverages to Wine and Spirits Wholesalers shall file with the Director a written statement sworn to by him, or in case of a corporation, one of its principal officers, in which he shall agree that he will sell any of the brands or kinds of such alcoholic beverages manufactured or distributed by him to any licensed Wine and Spirits Wholesaler, and that all such sales will be made to all such Wine and Spirits Wholesalers in this State at the same current price and without discrimination.

(b) Each Distiller, Manufacturer and Nonresident Seller not designating a single wine and spirits wholesaler shall register with the Oklahoma Alcoholic Beverage Laws Enforcement Commission, in such form as prescribed by the Director, a complete list of all items of alcoholic beverages to be offered for sale in this State which shall include brand, type, container, size, proof and age. Wines and champagnes registered shall show the alcoholic content thereof. The number of containers in each case shall also be shown and such other information as may be required by the Director.

(c) The registration filed by a Manufacturer or Nonresident Seller shall include the cash price F.O.B., the Manufacturer's warehouse or the point from which the Manufacturer will make shipment and shall not include the gallonage tax imposed by the Oklahoma Alcoholic Beverage Control Act. Said listings shall show the place from where shipments will be made and the price per case for each size of original packages of each particular brand or kind of alcoholic beverages sold or offered for sale by such Manufacturer, and shall contain such other information as the Director may require.

(d) A non-designating Manufacturer shall be deemed to have discriminated among Wine and Spirits Wholesalers if he shall, either directly or indirectly, or by any agent or employee:

(1) Offer to sell, or sell alcoholic beverages on credit, or in any manner, to a Wine and Spirits Wholesaler at a price less than the listed current price which he has filed with the Director;

(2) Pay, or offer to pay, any of the transportation cost of any such alcoholic beverages sold or offered for sale by him to a licensed Wine and Spirits Wholesaler;

(3) Make or offer to make any secret rebate to, or enter into any transaction in any manner whatsoever with any Wine and Spirits Wholesaler at a price less than the current price which he has filed with the Commission. The furnishing and distribution of free samples of alcoholic beverages shall be deemed a rebate;

(4) Require a licensed Wine and Spirits Wholesaler to purchase in excess of one-case lots of any brand, or kind, or container size of such alcoholic beverages;

(5) Refuse to sell any brand or kind of alcoholic beverages to licensed Wine and Spirits Wholesalers in any quantity ordered by a Wine and Spirits Wholesaler in lots of one or more cases;

(6) Refuse to sell for cash at the listed current price any alcoholic beverages to a licensed Wine and Spirits Wholesaler, if such alcoholic beverages are ordered in a lot of one case or more;

(7) Refuse to sell any brand or kind of alcoholic beverage to a licensed Wine and Spirits Wholesaler unless the Wine and Spirits Wholesaler shall purchase or agree to purchase alcoholic beverage of another kind, form, quantity, or brand in addition to, or partially in lieu of, the brand or kind of alcoholic beverage specifically ordered by the licensed Wine and Spirits Wholesaler; or

(8) Fail to fill and ship orders of Wine and Spirits Wholesalers for alcoholic beverages in the sequence and order in which such purchase orders from Wine and Spirits Wholesalers are received by him.

Okla. Admin. Code § 45:30-3-1

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018