Section 163.28 - Sale of Low-Point Beer to Ultimate Consumer for Consumption Off PremisesA. This section applies to a licensee or permittee who is authorized to sell low-point beer to an ultimate consumer for consumption off the premises.B. The holder of a license or permit described in subsection A of this section may resell low-point beer only in the packaging in which the holder received the low-point beer or may resell the contents of the packages as individual containers.C. Except for purposes of resale as individual containers, a licensee or permittee shall not: 1. Mutilate, tear apart, or cut apart original packaging in which low-point beer was received; or2. Repackage low-point beer in a manner misleading to the consumer or that results in required labeling being omitted or obscured.D. The Oklahoma Tax Commission shall impose the following penalties for a violation of subsection B or C of this section:1. After notice and hearing, immediately revoke the license or permit of the licensee or permittee committing the violation; and2. Impose a fine of not more than One Thousand Dollars ($1,000.00) for each violation. Any licensee or permittee whose license or permit is revoked pursuant to this subsection shall not be eligible to reapply for a license for at least three (3) months from the date of the revocation. Any stock of low-point beer in the possession of such licensee or permittee shall be repurchased by the wholesaler.
E. Administrative fines collected pursuant to this section shall be enforceable in the district courts of this state. All administrative fines collected by the Oklahoma Tax Commission pursuant to this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund.F. To assure and control quality, the holder of a distributor's license or wholesaler's permit, at the time of a regular delivery, may withdraw with the permission of the retailer, a quantity of low-point beer in undamaged original packaging from the retailer's stock if:1. The distributor or wholesaler replaces the stock with low-point beer of identical brands, quantities, and packages as the low-point beer withdrawn;2. The stock is withdrawn before the date, or immediately after the date considered by the manufacturer of the product to be the date the product becomes inappropriate for sale to a consumer.G. A consignment sale of low-point beer is not authorized under subsection F of this section. the zoning provisions of Section 3 of this act rather than the provisions of this section.Okla. Stat. tit. 37, § 163.28
Added by Laws 2000 , HB 2317, c. 107, § 3, eff. 11/1/2000.