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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1044 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Sections 2-107, 3-119, 6-103 as last
8 amended by Section 1, Chapter 200, O.S.L. 2023, and
8 6-108 (37A O.S. Supp. 2024, Section 6-103), which
9 relate to wine and spirit wholesale license,
9 limitations on rights and interests, and prohibited
10 acts; requiring certain payment methods; requiring
10 payments from certain licensees to certain
11 wholesalers or distributors to be made by electronic
11 funds transfer (EFT); establishing requirements for
12 EFT payments; providing certain exceptions; imposing
12 certain penalty; conforming language; updating
13 statutory language; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-107, is
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18 amended to read as follows:
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19 Section 2-107. A. A wine and spirits wholesaler license shall
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20 authorize the holder thereof:
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21 1. To purchase and import into this state spirits and wines
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22 from persons authorized to sell same who are the holders of a
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23 manufacturer or nonresident seller license, and their agents who are
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24 the holders of manufacturer's agent licenses;
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1 2. To purchase spirits and wines from licensed distillers,
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2 rectifiers and winemakers in this state;
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3 3. To purchase spirits and wines from licensed wholesalers, to
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4 the extent set forth in subsections B and C of this section;
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5 4. To sell in retail containers in this state to retailers,
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6 mixed beverage, caterer, special event, public event, hotel beverage
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7 or airline/railroad beverage licensees, spirits and wines which have
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8 been received and unloaded at the bonded warehouse facilities of the
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9 wholesaler before such sale;
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10 5. To sell to licensed wholesalers, to the extent set forth in
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11 subsections B and C of this section, spirits and wines which have
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12 been received and unloaded at the bonded warehouse facilities of the
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13 wholesaler before such sale;
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14 6. To sell spirits and wines out of this state to qualified
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15 persons; and
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16 7. To sell to licensed distillers spirits that were
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17 manufactured by that distiller and which have been received and
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18 unloaded at a bonded warehouse facility of a wholesaler before such
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19 sale.
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20 Provided, however, sales of spirits and wine in containers with
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21 a capacity of less than one-twentieth (1/20) gallon by a holder of a
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22 wholesaler license shall be in full case lots and in the original
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23 unbroken case. Wholesalers shall be authorized to place such signs
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1 outside their place of business as are required by Acts of Congress
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2 and by such laws and regulations promulgated under such Acts.
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3 B. A wholesaler may sell spirits and wine to other wholesalers
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4 or purchase spirits and wines from other wholesalers without
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5 complying with subsection A of this section in the case of the sale,
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6 purchase or other transfer or acquisition of the entire business of
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7 a wholesaler including the inventory of spirits and wine.
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8 C. A wholesaler license shall authorize the holder thereof to:
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9 1. Maintain maintain not more than three (3) self-owned or
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10 leased and self-operated bonded warehouses within this state. All
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11 invoices shall be stored at the principal place of business for
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12 which the wholesaler license was granted; and
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13 2. Accept as payment cash, personal check, cashier's check,
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14 money order or electronic fund transfer from persons licensed to
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15 purchase alcoholic beverages; provided, a wholesaler shall not be
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16 permitted to accept payment by credit card.
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17 SECTION 2. AMENDATORY 37A O.S. 2021, Section 3-119, is
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18 amended to read as follows:
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19 Section 3-119. A. It shall be unlawful for any manufacturer,
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20 brewer, wine and spirits wholesaler, beer distributor or person
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21 authorized to sell alcoholic beverages to a wholesaler, or any
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22 employee, officer, director, stockholder owning fifteen percent
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23 (15%) or more of the stock, any type of partner, manager, member or
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24 agent thereof, to directly or indirectly:
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1 1. Have any financial interest in any premises upon which any
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2 alcoholic beverage is sold at retail or in any business connected
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3 with the retailing of alcoholic beverages; provided, nothing in this
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4 act shall prohibit the operation of a mixed beverage licensee, beer
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5 and wine licensee or caterer licensee by an entity which has common
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6 owners with the holder of a small brewer license or a brewpub
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7 license;
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8 2. Lend any money or other thing of value, or to make any gift
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9 or offer any gratuity, to any package store, retail wine, retail
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10 beer, mixed beverage, beer and wine, public event or bottle club
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11 licensee or caterer;
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12 3. Guarantee any loan or the repayment of any financial
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13 obligation of any retailer, mixed beverage, beer and wine, public
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14 event or bottle club licensee or caterer;
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15 4. Require any wine and spirits wholesaler, beer distributor,
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16 retailer, mixed beverage, on-premises beer and wine licensee, public
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17 event or caterer to purchase and dispose of any quota of alcoholic
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18 beverages, or to require any retailer to purchase any kind, type,
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19 size, container or brand of alcoholic beverages in order to obtain
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20 any other kind, type, size, container or brand of alcoholic
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21 beverages;
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22 5. Sell to any retailer, mixed beverage, on-premises beer and
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23 wine licensee, public event or caterer any alcoholic beverage on
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24 consignment, or upon condition, or with the privilege of return, or
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1 on any condition other than a bona fide sale; provided, the
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2 following shall not be considered a violation of this paragraph:
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3 a. delivery in good faith, through mistake, inadvertence
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4 or oversight, of an alcoholic beverage that was not
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5 ordered by a retailer, mixed beverage licensee, on-
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6 premises beer and wine licensee, caterer, public event
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7 or special event licensee to such licensee,
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8 b. replacement of product breakage that occurred while
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9 the alcoholic beverages were in transit from the
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10 wholesaler to the licensee, or
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11 c. replacement of cork-tainted wine that makes the
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12 product unsaleable as long as the licensee notifies
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13 the wine and spirits wholesaler of the defect in
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14 writing within ninety (90) days after delivery of the
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15 product; or
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16 6. Extend credit to any retailer, other than holders of Federal
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17 Liquor Stamps on United States government reservations and
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18 installations, mixed beverage, public event or on-premises beer and
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19 wine licensee or caterer, other than a state lodge located in a
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20 county which has approved the retail sale of alcoholic beverages by
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21 the individual drink for on-premises consumption. The acceptance of
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22 a postdated check or draft or the failure to deposit for collection
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23 a current check or draft by the second banking day after receipt
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1 shall be deemed an extension of credit. Violation of this section
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2 shall be grounds for suspension of the license.
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3 B. All payments by a retail beer, retail wine, or retail
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4 spirits licensee to a beer distributor or a wine and spirits
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5 wholesaler licensee for the purchase of beer, wine, or spirits shall
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6 be made by electronic funds transfer (EFT) payment. All EFT
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7 payments shall comply with the following provisions:
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8 1. The beer distributor or wine and spirits wholesaler licensee
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9 shall initiate the EFT payment transmittal by initiating the
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10 withdrawal of the funds from the retailer's account;
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11 2. The EFT payment transmittal to the banking institution shall
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12 occur no later than the next banking business day from the date of
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13 the delivery of the beer, wine, or spirits order to the retailer
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14 licensee; and
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15 3. A single EFT payment may be made to a wholesaler licensee
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16 making deliveries to multiple locations of a chain retailer on the
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17 same business day. The retailer and wholesaler shall maintain a
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18 store-by-store detailed record to ensure that individual delivery
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19 invoices may be traced to the EFT payment.
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20 C. A wholesaler licensee may only accept cash, check, or money
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21 order in the following instances:
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22 1. When accepting payment for a non-sufficient funds EFT
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23 payment;
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1 2. During temporary service interruptions of the third-party
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2 payment processing company; or
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3 3. For thirty (30) days following the issuance of a license to
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4 a retailer.
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5 D. To maintain control of its ability to receive payment, the
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6 wholesaler licensee shall be solely responsible for selecting a
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7 third-party payment processing company to facilitate the EFT
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8 payments. A wholesaler licensee shall not select a third-party
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9 payment processing company that requires more than thirty (30) days'
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10 notice from the wholesaler licensee to terminate its agreement with
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11 the third-party payment processing company.
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12 E. A retail licensee making a non-sufficient funds EFT payment
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13 to a wholesaler is subject to penalty pursuant to this section.
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14 SECTION 3. AMENDATORY 37A O.S. 2021, Section 6-103, as
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15 last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp.
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16 2024, Section 6-103), is amended to read as follows:
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17 Section 6-103. A. No retail spirits licensee shall:
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18 1. Purchase or receive any alcoholic beverage other than from a
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19 wine and spirits wholesaler, beer distributor, winery or small
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20 brewer self-distribution licensee who elects to self-distribute;
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21 2. Suffer or permit any retail container to be opened, or any
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22 alcoholic beverage to be consumed on the licensed premises, except
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23 when serving samples as authorized by Section 2-109 of this title or
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24 otherwise permitted by law; provided, the licensee shall not permit
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1 any alcoholic beverage content or retail container unsealed in
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2 connection with sampling authorized by Section 2-109 of this title
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3 to remain on the licensed premises at the close of business on that
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4 day, excluding spirits;
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5 3. Sell any alcoholic beverages at any hour other than between
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6 the hours of 8:00 a.m. and midnight Monday through Saturday, and
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7 shall not be permitted to be open on Thanksgiving Day or Christmas
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8 Day; provided, a county may, pursuant to the provisions of
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9 subsections B and C of Section 3-124 of this title, elect to allow
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10 such sales between the hours of noon and midnight on Sunday. Retail
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11 spirits licensees shall be permitted to sell alcoholic beverages on
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12 the day of any General, Primary, Runoff Primary or Special Election
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13 whether on a national, state, county or city election, provided that
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14 the election day does not occur on any day on which such sales are
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15 otherwise prohibited by law;
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16 4. Sell spirits in a city or town, unless such city or town has
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17 a population in excess of two hundred (200) according to the latest
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18 Federal Decennial Census;
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19 5. Sell any alcoholic beverage on credit; provided, that
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20 acceptance by a licensee of a cash or debit card or a nationally
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21 recognized credit card in lieu of actual cash payment does not
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22 constitute the extension of credit; provided, further, as used in
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23 this section:
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1 a. "cash or debit card" means any instrument or device
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2 whether known as a debit card or by any other name,
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3 issued with or without fee by an issuer for the use of
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4 the cardholder in depositing, obtaining or
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5 transferring funds from a consumer banking electronic
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6 facility, and
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7 b. "nationally recognized credit card" means any
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8 instrument or device, whether known as a credit card,
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9 credit plate, charge plate or by any other name,
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10 issued with or without fee by an issuer for the use of
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11 the cardholder in obtaining money, goods, services or
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12 anything else of value on credit which is accepted by
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13 over one hundred retail locations; or
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14 6. Offer or furnish any prize, premium, gift or similar
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15 inducement to a consumer in connection with the sale of alcoholic
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16 beverages, except that goods or merchandise included by the
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17 manufacturer in packaging with alcoholic beverages or for packaging
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18 with alcoholic beverages shall not be included in this prohibition,
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19 but no wholesaler or retailer shall sell any alcoholic beverage
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20 prepackaged with other goods or merchandise at a price which is
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21 greater than the price at which the alcoholic beverage alone is
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22 sold; provided, it shall not be considered inducement or a premium
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23 for a retail spirits licensee to have an advertised price posted
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24 higher online than the shelf price on the licensed premises; or
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1 7. Pay for alcoholic beverages by a check or draft which is
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2 dishonored by the drawee when presented to such drawee for payment;
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3 and the ABLE Commission may cancel or suspend the license of any
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4 retailer who has given a check or draft, as maker or endorser, which
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5 is so dishonored upon presentation.
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6 B. No retail spirits licensee shall permit any person under
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7 twenty-one (21) years of age to enter into or remain within or about
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8 the licensed premises unless accompanied by the person's parent or
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9 legal guardian; provided, however, this restriction shall not apply
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10 to an employee of a licensed beer distributor or wine and spirits
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11 wholesaler who:
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12 1. Is at least eighteen (18) years of age;
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13 2. Is accompanied by a coworker at least twenty-one (21) years
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14 of age; and
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15 3. Enters for the sole purpose of merchandising or delivering
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16 product to the licensee in the normal course of business.
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17 SECTION 4. AMENDATORY 37A O.S. 2021, Section 6-108, is
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18 amended to read as follows:
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19 Section 6-108. No holder of a Retail Wine License or a Retail
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20 Beer License shall:
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21 1. Purchase or receive any alcoholic beverage other than from a
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22 wine and spirits wholesaler, beer distributor, winery or small
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23 brewer self-distribution licensee;
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1 2. Suffer or permit any retail container to be opened, or any
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2 alcoholic beverage to be consumed on the licensed premises, except
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3 when serving samples as authorized by Section 2-109 of this title or
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4 as otherwise permitted by law; provided, the licensee shall not
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5 permit any alcoholic beverages content or retail container unsealed
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6 in connection with sampling authorized by Section 2-109 of this
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7 title to remain on the licensed premises at the close of the
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8 business on that day;
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9 3. Sell any beer or wine at any hour other than between the
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10 hours of 6:00 a.m. and 2:00 a.m. the following day, Monday through
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11 Sunday. Retail wine and retail beer licensees shall be permitted to
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12 sell beer and wine on the day of any General, Primary, Runoff
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13 Primary or Special Election whether on a national, state, county or
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14 city election;
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15 4. Sell any beer and wine on credit; except as follows:
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16 a. the acceptance by a grocery store, convenience store
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17 or drug store of a cash or debit card, or a nationally
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18 recognized credit card, in lieu of actual cash payment
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19 does not constitute the extension of credit; provided,
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20 further, as used in this section:
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21 (1) "cash or debit card" means any instrument or
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22 device whether known as a debit card or by any
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23 other name, issued with or without fee by an
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24 issuer for the use of the cardholder in
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1 depositing, obtaining or transferring funds from
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2 a consumer banking electronic facility, and
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3 (2) "nationally recognized credit card" means any
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4 instrument or device, whether known as a credit
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5 card, credit plate, charge plate or by any other
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6 name, issued with or without fee by an issuer for
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7 the use of the cardholder in obtaining money,
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8 goods, services or anything else of value on
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9 credit which is accepted by over one hundred
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10 retail locations, and
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11 b. when the holder of a Retail Wine License, Retail Beer
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12 License or Mixed Beverage License is a private
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13 membership club, marina, golf course or country club
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14 that normally charges food, drinks and other purchases
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15 to the member's monthly dues account in the regular
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16 course of business, in lieu of actual cash payment at
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17 the time of purchase, such practice does not
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18 constitute the extension of credit; or
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19 5. Offer or furnish any prize, premium, gift or similar
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20 inducement to a consumer in connection with the sale of beer or
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21 wine, except that goods or merchandise included by the manufacturer
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22 in packaging with beer or wine or for packaging with beer or wine
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23 shall not be included in this prohibition, nor shall a retail wine
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24 or retail beer license holder selling wine or beer at a multiunit
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1 discount be included in this prohibition; but no retail wine or
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2 retail beer licensee shall sell any beer or wine prepackaged with
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3 other goods or merchandise at a price which is greater than the
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4 price at which the alcoholic beverage alone is sold; or
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5 6. Pay for beer or wine by a check or draft which is dishonored
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6 by the drawee when presented to such drawee for payment; and the
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7 ABLE Commission may cancel or suspend the license of any retailer
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8 who has given a check or draft, as maker or endorser, which is so
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9 dishonored upon presentation.
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10 SECTION 5. This act shall become effective November 1, 2025.
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Req. No. 426 Page 13Every fact on this page links to its source, starting with the official bill record.