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Wholesale Laws for Oklahoma

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Last Updated: July 18, 2019

Summary

The Alcoholic Beverage Laws Enforcement Commission consists of seven members appointed by the Governor with the advice and consent of the Senate. Five members represent the Lay Citizenry at-large. The remaining two are required to possess experience in law enforcement. Members are appointed for terms of five years. The State Constitution directs that no more than four of the Commission members shall be from the same political party and no more than two of the members shall be from the same federal congressional district.

Attorney General confirmed the ABLE Commission’s authority to enforce Title 37A of the Oklahoma Statutes beginning October 1, 2018.

Laws & Rules:

Supplier Licensing

Required:  Yes

Name:  Non-Resident Seller Application

Fee:  $3,250

Expiration: June 30th of each year

Secretary of State Registration:  Yes

All out-of-state distillers, winemakers, brewers, importers, brokers and others who sell alcoholic beverages to wine and spirits wholesalers and beer distributors in Oklahoma, regardless of whether such sales are consummated within or without the state, must either obtain a manufacturer’s license or contract with a person that maintains a nonresident seller license in order to sell alcoholic beverages intended for consumption within the State of Oklahoma. The fee for this license is $750 per year plus an annual surcharge of $2,500 and requires a Certificate of Authority or Registration from the Oklahoma Secretary of State.

License fees for a new or initial manufacturer’s license or nonresident seller license applied for after July 1 may be prorated through the following June 30 on a quarterly basis.

Resources:

Product Registration

Required:  Yes

Fee:  $200

Expiration:  June 30th of each year

Revision Required:  COLA change, Tax Class

Price Posting:  Yes

A separate fee of $200 is required for each brand label in the following categories: fortified (over 14%), specialties, table or light wines, sparking wines. The fee is prorated by the quarter of the calendar year.

An application for registration of a brand label shall be filed by brand owner, however, if the owner is not licensed but is represented by a licensed nonresident seller the nonresident seller should file the label registrations.

Registrations may be filed via Oklahoma Product Registration Online (PRO).

Supplier price filing is required for wine. If the owner has contracted with a person that maintains a nonresident seller license the holder of the nonresident seller license is responsible for product registration and price filing.

Resources:

Franchise "Monopoly Protection" Law

Franchise Law:  No

Exclusive Territories:  Not Required

Oklahoma does not have a franchise law for wine.

Supplier Reporting Requirements

Required:  Yes

Name:  Invoice Report

The holder of a manufacturer’s license or nonresident seller license shall, promptly upon consignment of any alcoholic beverages to an importer in Oklahoma, forward to the ABLE Commission a true copy of the invoice, bill of lading or other document as the ABLE Commission may by rule prescribe, showing the details of such shipment (37A §2-135(E)).

Sales Representative Licensing

Available:  Yes

Fee:  $55

Expiration:  1 year from issue date

A manufacturer’s agent license authorizes the holder to represent a manufacturer or nonresident seller licensee and to solicit and take orders for the sale of wine and spirits for the purpose of resale. No such license shall be issued to any person until it shall have been shown to the satisfaction of the ABLE Commission that the applicant has been duly authorized to act as the agent of the principal he or she proposes to represent, and that the principal or principals he or she proposes to represent has been duly authorized to do business in the State of Oklahoma, and has appointed a service agent in the State of Oklahoma.

It is unlawful for any person other than the holder of a manufacturer’s agent license or an agent license to solicit or take orders in the state from a wine and spirits wholesaler or beer distributor (37A §2-136).

Resources:

Self-Distribution

Self-Distribution:  Allowed with restrictions

Interstate self-distribute is allowed under OK law with restrictions; however, the restrictions and high fees cause the law to be unworkable for wineries outside of Oklahoma.

Wineries producing no more than 15,000 gallons a year may apply for a self-distribution permit ($750 per year). Out-of-state wineries must have a non-resident seller license ($3,250 a year). The permit holder (winery) must transport the wine from the winemaker’s winery to the premises where the wine is to be delivered only in vehicles owned or leased by the winemaker.

Resources:

Trade Practice Advisories

Oklahoma ABLE Commission
3812 N. Santa Fe, Suite 200
Oklahoma City, OK 73118
Phone: (405) 521-3484
Fax: (405) 521-6578

 

Recent Compliance Alerts

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This information is intended for winegrower licensees only. All information above is provided as an informational aid and is not legal advice. Data may be out-of-date or incomplete. Please consult a lawyer before taking any action.