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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1946 By: Murdock
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Sections 2-101, as last amended by Section
8 3, Chapter 190, O.S.L. 2025, 2-103, as amended by
8 Section 5, Chapter 338, O.S.L. 2023, and 2-107 (37A
9 O.S. Supp. 2025, Sections 2-101 and 2-103), which
9 relate to annual license fees, distiller license,
10 wine and spirits wholesaler license, sale of
10 alcoholic beverages to wholesalers, beer distributors
11 or retailers, and brand labels; decreasing certain
11 license fee; removing certain requirements for
12 contiguous licensed distillery premises; allowing
12 sale of certain sample spirits at certain events;
13 considering certain areas as certain distillery
13 premises; removing certain production limits for
14 distilleries; removing certain requirements for
14 certain nonalcoholic substances to be added to
15 certain spirits after a certain time; excluding
15 certain spirits from consideration as a cocktail;
16 removing certain requirements for certain spirits to
16 be received and unloaded at certain wholesaler;
17 allowing sale of certain spirits at certain limited
17 markup; amending 37A O.S. 2021, Section 3-123, as
18 amended by Section 3, Chapter 94, O.S.L. 2023 (37A
18 O.S. Supp. 2025, Section 3-123), which relates to
19 sale to wholesalers, beer distributors, or retailers
19 without discrimination or inducement; allowing
20 certain licensed distiller to take certain
20 merchandising actions without certain permission;
21 amending 37A O.S. 2021, Section 5-132, as last
21 amended by Section 3, Chapter 90, O.S.L. 2024 (37A
22 O.S. Supp. 2025, Section 5-132), which relates to
22 registration of labels; exempting certain spirits
23 from brand label registration fees; updating
23 statutory language; and providing an effective date.
24
24
Req. No. 2779 Page 1
1
1
2
2
3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
3
4 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-101, as
4
5 last amended by Section 3, Chapter 190, O.S.L. 2025 (37A O.S. Supp.
5
6 2025, Section 2-101), is amended to read as follows:
6
7 Section 2-101. A. Except as otherwise provided in this
7
8 section, the licenses issued by the ABLE Commission, and the annual
8
9 fees therefor, shall be as follows:
9
10 1. Brewer License.................................. $1,250.00
10
11 2. Small Brewer License.............................. $125.00
11
12 3. Distiller License..................... $3,125.00 $1,250.00
12
13 4. Winemaker License................................. $625.00
13
14 5. Small Farm Winery License.......................... $75.00
14
15 6. Rectifier License............................... $3,125.00
15
16 7. Wine and Spirits Wholesaler License............. $3,000.00
16
17 8. Beer Distributor License.......................... $750.00
17
18 9. The following retail spirits license fees
18
19 shall be determined by the latest Federal
19
20 Decennial Census:
20
21 a. Retail Spirits License for cities and
21
22 towns from 200 to 2,500 population.......... $305.00
22
23 b. Retail Spirits License for cities and
23
24 towns from 2,501 to 5,000 population........ $605.00
24
Req. No. 2779 Page 2
1 c. Retail Spirits License for cities and
1
2 towns over 5,000 population................. $905.00
2
3 10. Retail Wine License............................ $1,000.00
3
4 11. Retail Beer License.............................. $500.00
4
5 12. Mixed Beverage License......................... $1,005.00
5
6 (initial license)
6
7 $905.00
7
8 (renewal)
8
9 13. Mixed Beverage/Caterer Combination License..... $1,250.00
9
10 14. On-Premises Beer and Wine License................ $500.00
10
11 (initial license)
11
12 $450.00
12
13 (renewal)
13
14 15. Bottle Club License............................ $1,000.00
14
15 (initial license)
15
16 $900.00
16
17 (renewal)
17
18 16. Caterer License................................ $1,005.00
18
19 (initial license)
19
20 $905.00
20
21 (renewal)
21
22 17. Annual Special Event License...................... $55.00
22
23 18. Quarterly Special Event License................... $55.00
23
24 19. Hotel Beverage License......................... $1,005.00
24
Req. No. 2779 Page 3
1 (initial license)
1
2 $905.00
2
3 (renewal)
3
4 20. Airline/Railroad/Commercial Passenger Vessel Beverage
4
5 License........................................ $1,005.00
5
6 (initial license)
6
7 $905.00
7
8 (renewal)
8
9 21. Agent License..................................... $55.00
9
10 22. Employee License.................................. $30.00
10
11 23. Industrial License................................ $23.00
11
12 24. Carrier License................................... $23.00
12
13 25. Private Carrier License........................... $23.00
13
14 26. Bonded Warehouse License......................... $190.00
14
15 27. Storage License................................... $23.00
15
16 28. Nonresident Seller License ...................... $750.00
16
17 29. Manufacturer License:
17
18 a. 50 cases or less sold in Oklahoma in
18
19 last calendar year........................... $50.00
19
20 b. 51 to 500 cases sold in Oklahoma in
20
21 last calendar year........................... $75.00
21
22 c. 501 cases or more sold in Oklahoma in
22
23 last calendar year.......................... $150.00
23
24 30. Manufacturer's Agent License...................... $55.00
24
Req. No. 2779 Page 4
1 31. Sacramental Wine Supplier License................ $100.00
1
2 32. Charitable Auction License......................... $1.00
2
3 33. Charitable Alcoholic Beverage License............. $55.00
3
4 34. Winemaker Self-Distribution License:
4
5 a. produced ten thousand (10,000) gallons
5
6 or less in last calendar year............... $350.00
6
7 b. produced more than ten thousand
7
8 (10,000) gallons but no more than
8
9 fifteen thousand (15,000) gallons in
9
10 last calendar year.......................... $750.00
10
11 35. Annual Public Event License.................... $1,005.00
11
12 36. One-Time Public Event License.................... $255.00
12
13 37. Small Brewer Self-Distribution License:
13
14 a. produced fifteen thousand (15,000)
14
15 barrels or less in last calendar year....... $350.00
15
16 b. produced more than fifteen thousand
16
17 (15,000) barrels in last calendar year...... $750.00
17
18 38. Brewpub License................................ $1,005.00
18
19 39. Brewpub Self-Distribution License................ $750.00
19
20 40. Complimentary Beverage License.................... $75.00
20
21 41. Satellite Tasting Room License................... $100.00
21
22 42. Event Bartender License........................... $50.00
22
23 B. 1. There shall be added to the initial or renewal fees for
23
24 a mixed beverage license an administrative fee, which shall not be
24
Req. No. 2779 Page 5
1 deemed to be a license fee, in the amount of Five Hundred Dollars
1
2 ($500.00), which shall be paid at the same time and in the same
2
3 manner as the license fees prescribed by paragraph 12 of subsection
3
4 A of this section; provided, this fee shall not be assessed against
4
5 service organizations or fraternal beneficiary societies which are
5
6 exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
6
7 Code.
7
8 2. There shall be added to the fee for a mixed beverage/caterer
8
9 combination license an administrative fee, which shall not be deemed
9
10 to be a license fee, in the amount of Two Hundred Fifty Dollars
10
11 ($250.00), which shall be paid at the same time and in the same
11
12 manner as the license fee prescribed by paragraph 13 of subsection A
12
13 of this section.
13
14 C. Notwithstanding the provisions of subsection A of this
14
15 section:
15
16 1. The license fee for a mixed beverage or bottle club license
16
17 for those service organizations or fraternal beneficiary societies
17
18 which are exempt under Section 501(c)(19), (8) or (10) of the
18
19 Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
19
20 year; and
20
21 2. The renewal fee for an airline/railroad/commercial passenger
21
22 vessel beverage license held by a railroad described in 49 U.S.C.,
22
23 Section 24301, shall be One Hundred Dollars ($100.00).
23
24
24
Req. No. 2779 Page 6
1 D. An applicant may apply for and receive both an on-premises
1
2 beer and wine license and a caterer license.
2
3 E. All licenses, except as otherwise provided, shall be valid
3
4 for one (1) year from date of issuance unless revoked or
4
5 surrendered. Provided, all employee licenses shall be valid for two
5
6 (2) years.
6
7 F. The holder of a license, issued by the ABLE Commission, for
7
8 a bottle club located in a county of this state where the sale of
8
9 alcoholic beverages by the individual drink for on-premises
9
10 consumption has been authorized, may exchange the bottle club
10
11 license for a mixed beverage license or an on-premises beer and wine
11
12 license and operate the licensed premises as a mixed beverage
12
13 establishment or an on-premises beer and wine establishment subject
13
14 to the provisions of the Oklahoma Alcoholic Beverage Control Act.
14
15 There shall be no additional fee for such exchange and the mixed
15
16 beverage license or on-premises beer and wine license issued shall
16
17 expire one (1) year from the date of issuance of the original bottle
17
18 club license.
18
19 G. In addition to the applicable licensing fee, the following
19
20 surcharge shall be assessed annually on the following licenses:
20
21 1. Nonresident Seller License...................... $2,500.00
21
22 2. Manufacturer License:
22
23 a. 50 cases or less sold in Oklahoma in
23
24 last calendar year.......................... $100.00
24
Req. No. 2779 Page 7
1 b. 51 to 500 cases sold in Oklahoma in
1
2 last calendar year.......................... $225.00
2
3 c. 501 cases or more sold in Oklahoma in
3
4 last calendar year.......................... $450.00
4
5 3. Wine and Spirits Wholesaler License............. $2,500.00
5
6 4. Beer Distributor................................ $1,000.00
6
7 5. Retail Spirits License for cities and towns
7
8 over 5,000 population.......................... $250.00
8
9 6. Retail Spirits License for cities and towns
9
10 from 2,501 to 5,000 population................. $200.00
10
11 7. Retail Spirits License for cities and towns
11
12 from 200 to 2,500 population................... $150.00
12
13 8. Retail Wine License............................... $250.00
13
14 9. Retail Beer License............................... $250.00
14
15 10. Mixed Beverage License............................ $25.00
15
16 11. Mixed Beverage/Caterer Combination License........ $25.00
16
17 12. Caterer License................................... $25.00
17
18 13. On-Premises Beer and Wine License................. $25.00
18
19 14. Annual Public Event License....................... $25.00
19
20 15. Small Farm Winery License......................... $25.00
20
21 16. Small Brewer License.............................. $35.00
21
22 17. Complimentary Beverage License.................... $25.00
22
23 The surcharge shall be paid concurrent with the licensee's
23
24 annual licensing fee and, in addition to Five Dollars ($5.00) of the
24
Req. No. 2779 Page 8
1 employee license fee, shall be deposited in the Alcoholic Beverage
1
2 Governance Revolving Fund established pursuant to Section 5-128 of
2
3 this title.
3
4 H. Any license issued by the ABLE Commission under this title
4
5 may be relied upon by other licensees as a valid license, and no
5
6 other licensee shall have any obligation to independently determine
6
7 the validity of such license or be held liable solely as a
7
8 consequence of another licensee's failure to maintain a valid
8
9 license.
9
10 SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-103, as
10
11 amended by Section 5, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2025,
11
12 Section 2-103), is amended to read as follows:
12
13 Section 2-103. A. A distiller license shall authorize the
13
14 holder thereof:
14
15 1. To manufacture, bottle, package and store spirits on
15
16 licensed premises;
16
17 2. To sell spirits in this state to licensed wholesalers and
17
18 manufacturers only;
18
19 3. To sell spirits out of this state to qualified persons; to
19
20 purchase from licensed distillers and rectifiers in this state, and
20
21 import spirits from without this state for manufacturing purposes in
21
22 accordance with federal laws and regulations;
22
23 4. To serve free samples of spirits produced only by the
23
24 licensee to visitors twenty-one (21) years of age and older. For
24
Req. No. 2779 Page 9
1 purposes of this section, no visitor may sample more than a total of
1
2 three (3) fluid ounces of spirits per day. The distiller shall
2
3 restrict the distribution and consumption of spirits samples to an
3
4 area within the licensed premises designated by the distiller. A
4
5 current floor plan that includes the designated sampling area shall
5
6 be on file with the ABLE Commission. No visitor under twenty-one
6
7 (21) years of age shall be permitted to enter the designated
7
8 sampling area when samples are being distributed and consumed.
8
9 Samples of spirits served by a distiller under this section shall
9
10 not be considered a sale of spirits within the meaning of Article
10
11 XXVIII-A of the Oklahoma Constitution or Section 1-103 of this
11
12 title; provided, such samples of spirits shall be considered removed
12
13 or withdrawn from the distillery for use or consumption within the
13
14 meaning of Section 5-110 of this title for excise tax determination
14
15 and reporting requirements;
15
16 5. To sell spirits produced by the licensee for either on-
16
17 premises or off-premises consumption to consumers on the licensed
17
18 distillery premises or in an area controlled by the licensee located
18
19 contiguous to the licensed distillery premises and at one (1)
19
20 location locations controlled by the licensee located in the same
20
21 county state as the licensed distillery premises but not contiguous
21
22 to the licensed distillery premises. Spirits offered for sale by
22
23 the Oklahoma licensed distiller will have been sold to and shipped
23
24 to an Oklahoma licensed wine and spirits wholesaler and then made
24
Req. No. 2779 Page 10
1 available for purchase by the Oklahoma licensed distiller for sale;
1
2 and
2
3 6. To sell spirits and sample spirits at public events such as
3
4 trade shows or festivals. Products offered for sale by the Oklahoma
4
5 licensed distiller will have been sold to and shipped to an Oklahoma
5
6 licensed wine and spirits wholesaler and then made available for
6
7 purchase by the Oklahoma licensed distiller. Spirits offered for
7
8 on-premises consumption shall be in an area controlled by the
8
9 distillery and shall be considered the distillery premises.
9
10 B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
10
11 of this section shall not exceed fifteen thousand (15,000) gallons
11
12 per calendar year in combination.
12
13 C. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
13
14 of this section shall be a final sale. Licensed distillers may
14
15 offer for sale non-alcoholic nonalcoholic substances which may be
15
16 added to spirits by the consumer after final sale. Substances used
16
17 for on-premises consumption shall be non-alcoholic nonalcoholic in
17
18 nature and shall not be considered part of the manufacturing
18
19 process. Spirits mixed with nonalcoholic substances or spirits
19
20 produced by the distiller and sold through a distributor in this
20
21 state shall not be considered a cocktail as defined by Section 1-103
21
22 of this title.
22
23 SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-107, is
23
24 amended to read as follows:
24
Req. No. 2779 Page 11
1 Section 2-107. A. A wine and spirits wholesaler license shall
1
2 authorize the holder thereof:
2
3 1. To purchase and import into this state spirits and wines
3
4 from persons authorized to sell same who are the holders of a
4
5 manufacturer or nonresident seller license, and their agents who are
5
6 the holders of manufacturer's agent licenses;
6
7 2. To purchase spirits and wines from licensed distillers,
7
8 rectifiers and winemakers in this state;
8
9 3. To purchase spirits and wines from licensed wholesalers, to
9
10 the extent set forth in subsections B and C of this section;
10
11 4. To sell in retail containers in this state to retailers,
11
12 mixed beverage, caterer, special event, public event, hotel beverage
12
13 or airline/railroad beverage licensees, spirits and wines which have
13
14 been received and unloaded at the bonded warehouse facilities of the
14
15 wholesaler before such sale;
15
16 5. To sell to licensed wholesalers, to the extent set forth in
16
17 subsections B and C of this section, spirits and wines which have
17
18 been received and unloaded at the bonded warehouse facilities of the
18
19 wholesaler before such sale;
19
20 6. To sell spirits and wines out of this state to qualified
20
21 persons; and
21
22 7. To sell to licensed distillers spirits that were
22
23 manufactured by that distiller and which have been received and
23
24
24
Req. No. 2779 Page 12
1 unloaded at a bonded warehouse facility of a wholesaler before such
1
2 sale; and
2
3 8. To sell to a licensed distiller spirits that were
3
4 manufactured by such distiller on a price not to exceed a twelve-
4
5 percent markup above the free-on-board price and state excise taxes.
5
6 Provided, however, sales of spirits and wine in containers with
6
7 a capacity of less than one-twentieth (1/20) gallon by a holder of a
7
8 wholesaler license shall be in full case lots and in the original
8
9 unbroken case. Wholesalers shall be authorized to place such signs
9
10 outside their place of business as are required by Acts of Congress
10
11 and by such laws and regulations promulgated under such Acts.
11
12 B. A wholesaler may sell spirits and wine to other wholesalers
12
13 or purchase spirits and wines from other wholesalers without
13
14 complying with subsection A of this section in the case of the sale,
14
15 purchase or other transfer or acquisition of the entire business of
15
16 a wholesaler including the inventory of spirits and wine.
16
17 C. A wholesaler license shall authorize the holder thereof to:
17
18 1. Maintain not more than three (3) self-owned or leased and
18
19 self-operated bonded warehouses within this state. All invoices
19
20 shall be stored at the principal place of business for which the
20
21 wholesaler license was granted; and
21
22 2. Accept as payment cash, personal check, cashier's check,
22
23 money order or electronic fund transfer from persons licensed to
23
24
24
Req. No. 2779 Page 13
1 purchase alcoholic beverages; provided, a wholesaler shall not be
1
2 permitted to accept payment by credit card.
2
3 SECTION 4. AMENDATORY 37A O.S. 2021, Section 3-123, as
3
4 amended by Section 3, Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2025,
4
5 Section 3-123), is amended to read as follows:
5
6 Section 3-123. A. It shall be unlawful for any person
6
7 privileged to sell alcoholic beverages to wholesalers, beer
7
8 distributors or retailers:
8
9 1. To discriminate, directly or indirectly, in price between
9
10 one wine and spirits wholesaler and another wine and spirits
10
11 wholesaler, when that manufacturer has not designated a single wine
11
12 and spirits wholesaler, or between one retailer and another retailer
12
13 purchasing alcoholic beverages bearing the same brand or trade name
13
14 and of like age and quality, unless otherwise provided by law; or
14
15 2. To grant, directly or indirectly, any discount, rebate, free
15
16 goods, allowance or other inducement.
16
17 B. The ABLE Commission is hereby authorized to promulgate rules
17
18 which are necessary to carry out the purpose of this section and to
18
19 prevent its circumvention by offering or giving of any rebate,
19
20 allowance, free goods, discount or any other thing or service of
20
21 value; provided, the posting or invoicing of charges per order for
21
22 processing minimum orders or per case for the handling or repacking
22
23 of goods by wine and spirits wholesalers and beer distributors for
23
24
24
Req. No. 2779 Page 14
1 sales in less than full case lots shall not constitute a violation
1
2 of this section.
2
3 C. For the violation of any provision of this section or of any
3
4 rule duly promulgated under this section, the ABLE Commission may
4
5 issue a written warning, fine, suspend or revoke a license as
5
6 follows:
6
7 1. For a first offense, a written warning which may be
7
8 accompanied by a fine not to exceed Five Thousand Dollars
8
9 ($5,000.00);
9
10 2. For a second offense, not exceeding ten (10) days'
10
11 suspension of license; and
11
12 3. For a third offense, the ABLE Commission shall revoke the
12
13 license.
13
14 Provided, however, prior to suspending or revoking a license,
14
15 the ABLE Commission shall first provide written notice to a licensee
15
16 of the violation and a period of ninety (90) days following such
16
17 notice to cure or remedy such violation. For purposes of this
17
18 section, a "second offense" and "third offense" shall mean
18
19 violations that are related to or arising out of and occurring
19
20 within twelve (12) months of the "first offense".
20
21 D. For purposes of this section, and except as otherwise
21
22 provided in subsection E of this section, "inducement" means
22
23 directly or indirectly offering, selling, trading, giving or
23
24 furnishing any discount, free goods, electronic or nonelectronic
24
Req. No. 2779 Page 15
1 refrigerated equipment, barrels, tubs, fixtures, dispensing
1
2 equipment, outdoor electric or nonelectric advertising structure
2
3 displaying the retailer's name, permanent shelving, supplies, gifts,
3
4 prizes, instantly redeemable coupons, premiums, retailer rebates,
4
5 services of any employee including but not limited to affixing price
5
6 labels or tags, routinely stocking product on shelves other than the
6
7 stocking of cold boxes, paying a third party for entering product
7
8 and price information into a retailer's computer system, portal,
8
9 website, spreadsheet or third-party system, handling product that
9
10 was not sold to the retailer by the licensee, paying a slotting fee,
10
11 selling on consignment, operating a retailer's cash register,
11
12 conducting janitorial services, providing decorations, samples of
12
13 alcoholic beverages, personal property or other inducement or thing
13
14 of value to any retail spirit, retail beer, retail wine, beer and
14
15 wine, mixed beverage, caterer, bottle club or special event
15
16 licensee, wine and spirits wholesaler or beer distributor, their
16
17 agents or employees.
17
18 E. It shall not be deemed an inducement for a brewer, licensed
18
19 distiller, beer distributor, small brewer self-distributor or
19
20 brewpub self-distributor to voluntarily take the following
20
21 merchandising actions with the permission of the retail licensee:
21
22 1. Furnish point-of-sale advertising materials and consumer
22
23 advertising specialties, as those terms are defined in 27 C.F.R.,
23
24
24
Req. No. 2779 Page 16
1 Section 6.84 and in compliance with the other limits and
1
2 restrictions provided in 27 C.F.R., Section 6.84;
2
3 2. Give or sell product displays, including but not limited to
3
4 barrels and tubs, provided that the value of such displays does not
4
5 exceed the limits and restrictions provided in 27 C.F.R., Section
5
6 6.83;
6
7 3. Build product displays, accessible to the customer for the
7
8 product being delivered by the beer distributor;
8
9 4. Affix pricing to the shelf strip or product display for the
9
10 product being delivered by the beer distributor, small brewer self-
10
11 distributor or brewpub self-distributor, or brewed by the brewer;
11
12 5. Routinely stock and restock shelves and cold boxes and
12
13 rotate product that has been sold to the retail licensee by the beer
13
14 distributor, small brewer self-distributor or brewpub self-
14
15 distributor, or brewed by the brewer;
15
16 6. Periodically perform product resets, with permission of the
16
17 retail licensee, pursuant to a provided shelf plan or shelf
17
18 schematic;
18
19 7. Furnish things of value to a temporary retailer, as defined
19
20 in 27 C.F.R., Section 6.85;
20
21 8. Sell equipment or supplies to a retail licensee, provided
21
22 the equipment or supplies are sold at a price not less than the cost
22
23 to the industry member and payment is collected within thirty (30)
23
24 days of the sale;
24
Req. No. 2779 Page 17
1 9. Install dispensing accessories at the retail location, as
1
2 long as the retailer bears the cost of installation including
2
3 equipment; or furnish, give or sell coil cleaning services to a
3
4 retailer;
4
5 10. Withdraw quantities of beer or cider in undamaged, original
5
6 packaging from the retail licensee's stock, provided the beer
6
7 distributor, small brewer self-distributor, brewpub self-distributor
7
8 or brewer sold such beer, directly or indirectly, to the retail
8
9 licensee and such removal is otherwise permitted under Section 3-115
9
10 of this title; provided, however, replacing with beer or cider of
10
11 equivalent value shall not be considered a consignment sale;
11
12 11. Provide mail-in rebates for beer, cider and nonalcoholic
12
13 beverage merchandise items, funded by the brewer and redeemed by the
13
14 brewer, either by itself or through a third-party fulfillment
14
15 company, for a discount or rebate on the beer, cider or nonalcoholic
15
16 item;
16
17 12. Provide a recommended shelf plan or shelf schematic to a
17
18 retail licensee for all or any portion of the inventory sold by the
18
19 retail licensee;
19
20 13. Furnish or give a sample of beer or cider to a retailer who
20
21 has not purchased the brand from that brewer, beer distributor,
21
22 small brewer self-distributor or brewpub self-distributor within the
22
23 last twelve (12) months, provided that the brewer, beer distributor,
23
24 small brewer self-distributor or brewpub self-distributor may not
24
Req. No. 2779 Page 18
1 give more than thirty-six (36) ounces of any brand of beer or cider
1
2 to a specific retailer;
2
3 14. Furnish or give newspaper cuts, mats or engraved blocks for
3
4 use in retailers' advertisements;
4
5 15. Package and distribute beer or cider in combination with
5
6 other nonalcoholic items for sale to consumers;
6
7 16. Give or sponsor educational seminars for employees of
7
8 retailers either at the brewer, beer distributor, small brewer self-
8
9 distributor or brewpub self-distributor's premises or at the
9
10 retailer's establishment, including seminars dealing with use of a
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11 retailer's equipment, training seminars for employees of retailers
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12 or tours of the brewer, beer distributor, small brewer self-
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13 distributor, or brewpub self-distributor's plant premises, provided
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14 that the brewer, beer distributor, small brewer self-distributor or
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15 brewpub self-distributor shall not pay the retailer for the
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16 employees' travel, lodging or other expenses in conjunction with an
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17 educational seminar but may provide nominal hospitality during the
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18 event;
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19 17. Conduct tasting or sampling activities at a retail
19
20 establishment and purchase the products to be used from the retailer
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21 so long as the purchase price paid does not exceed the ordinary
21
22 retail price; provided, a beer distributor shall not be required to
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23 provide labor for such sampling activities;
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24
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Req. No. 2779 Page 19
1 18. Offer contest prizes, premium offers, refunds and like
1
2 items directly to consumers so long as officers, employees and
2
3 representatives of brewers, beer distributors, small brewer self-
3
4 distributors, brewpub self-distributors and licensed retailers are
4
5 excluded from participation;
5
6 19. List the names and addresses of two or more unaffiliated
6
7 retailers selling the products of a brewer, beer distributor, small
7
8 brewer, small brewer self-distributor or brewpub self-distributor in
8
9 an advertisement of such brewer, beer distributor, small brewer,
9
10 small brewer self-distributor or brewpub self-distributor so long as
10
11 the requirements of 27 C.F.R., Section 6.98 are satisfied,
11
12 considering applicable guidance issued by the United States
12
13 Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;
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14 provided, nothing in the Oklahoma Alcoholic Beverage Control Act
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15 shall prohibit a retail, mixed beverage, on-premises beer and wine,
15
16 public event, special event, charitable auction, charitable
16
17 alcoholic beverage event, or complimentary beverage licensee from
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18 communicating with a brewer, beer distributor, small brewer, small
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19 brewer self-distributor or brewpub self-distributor on social media
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20 or sharing media on the social media page or site of a brewer, beer
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21 distributor, small brewer, small brewer self-distributor or brewpub
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22 self-distributor. A retail, mixed beverage, on-premises beer and
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23 wine, public event, special event, charitable auction, charitable
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24 alcoholic beverage event, or complimentary beverage licensee may
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Req. No. 2779 Page 20
1 request free social media advertising from a brewer, beer
1
2 distributor, small brewer, small brewer self-distributor or brewpub
2
3 self-distributor; provided, nothing in this section shall prohibit a
3
4 brewer, beer distributor, small brewer, small brewer self-
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5 distributor or brewpub self-distributor from sharing, reposting or
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6 forwarding a social media post by a retail, mixed beverage, on-
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7 premises beer and wine, public event, special event, charitable
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8 auction, charitable alcoholic beverage event, or complimentary
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9 beverage licensee, as long as the sharing, reposting or forwarding
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10 of the social media post does not contain the retail price of any
10
11 alcoholic beverage. No brewer, beer distributor, small brewer,
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12 small brewer self-distributor or brewpub self-distributor shall pay
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13 or reimburse a retail, mixed beverage, on-premises beer and wine,
13
14 public event, special event, charitable auction, charitable
14
15 alcoholic beverage event, or complimentary beverage licensee,
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16 directly or indirectly, for any social media advertising services.
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17 No retail, mixed beverage, on-premises beer and wine, public event,
17
18 special event, charitable auction, charitable alcoholic beverage
18
19 event, or complimentary beverage licensee shall accept any payment
19
20 or reimbursement, directly or indirectly, for any social media
20
21 advertising service offered by a brewer, beer distributor, small
21
22 brewer, small brewer self-distributor or brewpub self-distributor.
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23 For purposes of this paragraph, "social media" means a service,
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24 platform or site where users communicate with one another and share
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Req. No. 2779 Page 21
1 media, such as pictures, videos, music and blogs, with other users
1
2 free of charge; or
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3 20. Entering product and price information into a retailer's
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4 portal, website, spreadsheet or third-party system. A brewer may
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5 pay for a third-party system that provides data and pricing services
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6 to the brewer or a beer distributor.
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7 F. It shall not be deemed an inducement for a brewer, licensed
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8 distiller, beer distributor, small brewer self-distributor or
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9 brewpub self-distributor to engage in the following marketing
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10 activities, provided that the brewer, beer distributor, small brewer
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11 self-distributor or brewpub self-distributor shall not pay the
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12 retailer's travel costs other than those for local transportation or
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13 lodging:
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14 1. Provide tickets to a retailer for a sporting or
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15 entertainment event so long as a representative of the brewer, beer
15
16 distributor, small brewer self-distributor or brewpub self-
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17 distributor attends the event with the retailer;
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18 2. Provide food and beverage to a retailer for immediate
18
19 consumption:
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20 a. at a meeting at which the primary purpose is the
20
21 discussion of business,
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22 b. at a convention when the food and beverages are
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23 offered to all participants, or
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Req. No. 2779 Page 22
1 c. at a sports or entertainment event that the
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2 representatives of a brewer, beer distributor, small
2
3 brewer self-distributor or brewpub self-distributor
3
4 attend with the retailer;
4
5 3. Participate in retailer association activities by engaging
5
6 in the following actions:
6
7 a. displaying products at a convention or trade show,
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8 b. renting display booth space if the rental fee is the
8
9 same as paid by all exhibitors at the event,
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10 c. providing its own hospitality which is independent
10
11 from association-sponsored activities,
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12 d. purchasing tickets to functions and paying
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13 registration fees if the payments or fees are the same
13
14 as paid by all attendees, participants or exhibitors
14
15 at the event, or
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16 e. making payments for advertisements in programs or
16
17 brochures issued by retailer associations at a
17
18 convention or trade show; or
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19 4. Giving or selling outdoor signs to a retailer so long as the
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20 following requirements of 27 C.F.R., Section 6.102 are satisfied:
20
21 a. the sign bears conspicuous and substantial advertising
21
22 matter about the product or the brewer, beer
22
23 distributor, small brewer self-distributor or brewpub
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24
Req. No. 2779 Page 23
1 self-distributor which is permanently inscribed or
1
2 securely affixed,
2
3 b. the retailer is not compensated, directly or
3
4 indirectly, such as through a sign company, for
4
5 displaying the signs, and
5
6 c. a permanent outdoor sign does not contain the
6
7 retailer's name.
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8 G. It shall not be deemed an inducement or a discriminatory
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9 action for a brewer, beer distributor, small brewer self-
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10 distributor, brewpub self-distributor, or a wine and spirits
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11 wholesaler to establish individualized servicing and delivery
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12 schedules for its retailers based on each retailer's actual needs,
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13 including, without limitation, on the basis of the retailer's sales
13
14 volume.
14
15 SECTION 5. AMENDATORY 37A O.S. 2021, Section 5-132, as
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16 last amended by Section 3, Chapter 90, O.S.L. 2024 (37A O.S. Supp.
16
17 2025, Section 5-132), is amended to read as follows:
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18 Section 5-132. A. Except as provided in subsection D of this
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19 section, no alcoholic beverage shall be labeled, offered or
19
20 advertised for sale in this state unless in accordance with rules
20
21 promulgated pursuant to the provisions of Section 5-130 of this
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22 title and unless the brand label shall have been registered with and
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23 approved by the ABLE Commission and the appropriate fee paid as
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24 provided for in this section.
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Req. No. 2779 Page 24
1 B. An application for registration of a brand label shall be
1
2 filed by and fees paid by the manufacturer or brewer, winemaker,
2
3 distiller or nonresident seller of the brand. Licensees, other than
3
4 the foregoing applicants, shall not be required to verify
4
5 registration to the ABLE Commission and shall not be penalized for
5
6 any applicant's failure to register its brand label in accordance
6
7 with this section. Cordials and wines which differ only as to age
7
8 or vintage year, as defined by such rules, shall be considered the
8
9 same brand, and those that differ as to type or class may be
9
10 considered the same brand by the ABLE Commission where consistent
10
11 with the purposes of this section.
11
12 C. The application for registration of a brand label shall be
12
13 filed on a form prescribed by the ABLE Commission, and shall contain
13
14 such information as the ABLE Commission shall require. Such
14
15 application shall be accompanied by a certified check, bank
15
16 officers' check or draft or money order in the amount of the annual
16
17 registration fee, or the properly prorated portion thereof
17
18 prescribed by this section.
18
19 D. 1. The annual fee for registration of any brand label for
19
20 spirits shall be Three Hundred Seventy-five Dollars ($375.00),
20
21 unless total amount of spirits made available for sale in a single
21
22 year does not exceed fifty-three (53) gallons, in which case the
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23 annual fee for registration of any brand label shall be Seventy-five
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24 Dollars ($75.00). The annual fee for registration of any brand
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Req. No. 2779 Page 25
1 label for beer shall be Two Hundred Dollars ($200.00). The annual
1
2 fee for registration of any brand label for wine made in the United
2
3 States, or for registration of any category of imported wine as
3
4 defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars
4
5 ($200.00). Beer and spirits manufactured in this state shall be
5
6 exempt from brand label registration fees.
6
7 2. Each brand label registered and approved pursuant to this
7
8 section shall be valid for a term of up to one (1) year, expiring on
8
9 the June 30 next following registration, and may be renewed for
9
10 subsequent terms of one (1) year beginning on the July 1 following
10
11 the initial registration. Brand registration fees for labels
11
12 registered after July 1 may be prorated through the following June
12
13 30 on a quarterly basis. The brand registration fee shall not be
13
14 transferable, unless otherwise allowed by law. A nonresident seller
14
15 who registered brands prior to May 7, 2019, may transfer brand
15
16 registrations to the brewer or manufacturer that produces those
16
17 brands, provided the brewer or manufacturer has obtained a license,
17
18 at no expense to the nonresident seller, brewer or manufacturer.
18
19 E. If the ABLE Commission shall deny the application for
19
20 registration of a brand label, it shall return the registration fee
20
21 to the applicant, less twenty-five percent (25%) of such fee.
21
22 F. The ABLE Commission may at any time exempt any discontinued
22
23 brand from fee provisions of this section where a manufacturer,
23
24 brewer, beer distributor or wholesaler has an inventory of one
24
Req. No. 2779 Page 26
1 hundred cases or less of liquor or wine and five hundred cases or
1
2 less of beer, and certifies to the ABLE Commission in writing that
2
3 such brand is being discontinued.
3
4 G. No private labels or control labels shall be approved for
4
5 sale in this state, except for charity collaboration beer as
5
6 authorized in Section 2-102.1 of this title.
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7 SECTION 6. This act shall become effective November 1, 2026.
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Req. No. 2779 Page 27Every fact on this page links to its source, starting with the official bill record.