Okla. Admin. Code § 45:30-3-10

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

Section 45:30-3-10 - Wholesaler's inventory requirement

(a) All Wine and Spirits Wholesalers are hereby specifically prohibited from engaging in any type of discrimination, conspiracy, collusion, agreement or understanding, orally or in writing, which would have as its purpose and be designed to create a monopoly, destroy competition, or give advantage to one or more Wine and Spirits Wholesalers over other Wine and Spirits Wholesalers or fix prices of alcoholic beverages. Nothing in this section shall be construed as a prohibition on a Wine and Spirits Wholesaler from being deemed the designated wholesaler for any one or more brands of alcoholic beverages.

(b) The provisions set forth in (b) of this Section shall also apply to all Manufacturers, Distillers, Nonresident Sellers and Retail Dealers, and their representatives, agents, and employees. Nothing in this section shall be construed as a prohibition on a Manufacturer, Distiller, or Nonresident Seller from selecting a single Wine and Spirits Wholesaler as its designee for one or more brands.

(c) All Wine and Spirits Wholesalers shall, in placing an order for alcoholic beverages with a Manufacturer or Nonresident Seller, on the same date provide the Commission with a copy of each purchase order so placed. Each purchase order shall be numbered in sequence, shall bear the date the order was placed, the type, brand, container size and full description of all alcoholic beverages ordered, showing the name of the Manufacturer or Nonresident Seller with whom such order was placed. All Manufacturers or Nonresident Sellers shall fill orders for non-designated product from all licensed Wine and Spirits Wholesalers in sequence and without discrimination in price, promptness of making shipments, or other service.

(d) Manufacturers or Nonresident Sellers shall extend uniform credit to all licensed Wine and Spirits Wholesalers without discrimination. Exceptions to this provision may only be granted by the Commission or the Director upon written request setting out the reasons, if any, for any non-uniformity in credit.

(e) The violation of this Section, or any provision thereof, by one or more licensees shall constitute grounds for the suspension or revocation of license by the Commission or the Director.

(f) All rules or parts of rules in conflict with this Section are hereby repealed.

(g) The provisions of this Section are severable and if any provision thereof shall be void, the decision of the court so holding shall not affect or impair the remaining parts of provisions of this Section.

Okla. Admin. Code § 45:30-3-10

Amended at 12 Ok Reg 1989, eff 6-26-95

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