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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1922 By: Martinez
COMMITTEE SUBSTITUTE
An Act relating to alcoholic beverages; amending
Section 76, Chapter 366, O.S.L. 2016, as last amended
by Section 3, Chapter 113, O.S.L. 2018 (37A O.S.
Supp. 2020, Section 3 -106), which relates to the
shipment of wine; modifying requirements for certain
reports; prohibiting certain acts; providing
penalties; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 76, Chapter 366, O.S.L.
2016, as last amended by Section 3, Chapter 113, O.S.L. 2018 (37A
O.S. Supp. 2020, Section 3-106), is amended to read as follows:
Section 3-106. A. A Direct Wine Shipper's Permit may be issued
by the Oklahoma ABLE Commission to a winery licensed in this or any
other state within the United States as a wine producer. A Direct
Wine Shipper's Permit allows a winery to ship up to six nine -liter
cases of wine annually directly to an Oklahoma resident who is
twenty-one (21) years of age or older for such resident's personal
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use and not for resale. No resident shall be permitted to purcha se
more than thirty nine -liter cases of wine per year under the
provisions of this section.
B. The ABLE Commission shall promulgate rules governing the
application, issuance and renewal of Direct Wine Shipper's Permits,
which shall include but not be limi ted to:
1. Proof of current licensure in this or any other state as a
wine producer;
2. Payment of a registration fee of Three Hundred Dollars
($300.00) for original permits and One Hundred Fifty Dollars
($150.00) for renewal permits; and
3. Any other documentation that the ABLE Commission believes is
reasonably necessary to verify the identity and physical location of
the winery.
C. With regard to direct wine shipments permitted by this
section, Direct Wine Shipper permit holders:
1. Shall not ship mo re than six nine-liter cases of wine
annually to any person for his or her personal use;
2. Shall not ship wine intended for resale;
3. Shall ensure that all packages containing wine shipped
directly to a resident in this state are conspicuously labeled with
the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY" or are conspicuously labeled with alternative
wording preapproved by the ABLE Commission;
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4. Shall require the transporter or common carrier that
delivers the wine to obtain the signature of a person twenty -one
(21) years of age or older at the delivery address at the time of
delivery. At the expense of the Direct Wine Shipper, the Direct
Wine Shipper shall receive a delivery confirmation from the express
company, common carrier or contract carrier indicating the location
of delivery and the name and signature of the individual who
accepted the delivery. The ABLE Commission shall design and create
a label or approve a label that must be affixed to the shipping
container by the licensee;
5. Shall report to the ABLE Commission annually, by a method
prescribed by the ABLE Commission, the total amount of wine shipped
into the state the preceding calendar year;
6. Shall annually pay to the Oklahoma Tax Commission all
applicable taxes due on sales authorized by this section to Oklahoma
residents in the preceding calendar year. The amount of such taxes
shall be calculated as if the sale were in Oklahoma at the location
where delivery is made. Upon request, permit holde rs shall permit
the Tax Commission to perform an audit of the permit holder's
records in order to assure compliance;
7. Shall be deemed to have consented to the jurisdiction of any
agency or court of the State of Oklahoma tasked with the enforcement
of or adjudication of controversies related to this section and any
related laws or rules; and
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8. Shall require the consumer to verify, by electronic means or
otherwise, that the consumer is at least twenty -one (21) years of
age.
D. Every express company, com mon carrier, contract carrier and
every firm or corporation that shall bring, carry or transport wine
for delivery to any person in the state, except wine or spirit
wholesalers or beer distributors, shall prepare and file quarterly
with the ABLE Commission a report, which shall not be subject to the
Oklahoma Open Records Act, of known wine shipments containing:
1. The name of the company, carrier, person, firm or
corporation making the report;
2. The period of time covered by the report;
3. The name, direct shipping permit number and business address
of the consignor shipping the wine;
4. The weight of the packages shipped;
5. The unique tracking number of the delivery; and
6. The date of delivery.
E. No express company, common carrier or contract car rier nor
any representative, agent or employee on behalf of an express
company, common carrier or contract carrier shall knowingly deliver
any shipping container that contains an alcoholic beverage into this
state, unless it complies with the provisions of this section. No
express company, common carrier or contract carrier nor any
representative, agent or employee on behalf of an express company,
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common carrier or contract carrier shall knowingly deliver any
shipping container that is clearly labeled as c ontaining an
alcoholic beverage, including, but not limited to, the lawful
shipment of wine under this section, to any person in this state who
is under the age of twenty -one (21) at the time of delivery. Any
express company, common carrier or contract ca rrier that carries or
transports alcoholic beverages for delivery within this state in
violation of this section for the first offense shall be fined not
more than One Thousand Five Hundred Dollars ($1,500.00), for a
second offense shall be fined not more than Two Thousand Five
Hundred Dollars ($2,500.00), and for a third and subsequent offense
shall be fined not more than Five Thousand Dollars ($5,000.00). An
express company, common carrier and contract carrier shall be held
vicariously liable for the act ions of its representatives, agents
and employees for actions in violation of this section.
F. The provisions of this section do not apply to a motor
carrier or freight forwarder as defined in Section 13102 of Title 49
of the United States Code or to an a ir carrier as defined in Section
40102 of Title 49 of the United States Code.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/01/2021 - DO PASS, As Amended.