Oklahoma 2022 Regular Session

Oklahoma House Bill HB2135 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2135 HFLR Page 1
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	3	+	Req. No. 5778 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
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35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 2135 By: McEntire of the House
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39		-	and
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41		-	Thompson of the Senate
	32	+	HOUSE BILL 2135 By: McEntire
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47		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
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49		-	An Act relating to alcoholic beverages; amending
50		-	Section 89, Chapter 366, O.S.L. 2016, as last amended
51		-	by Section 1, Chapter 431, O.S.L. 2019 (37A O.S.
52		-	Supp. 2020, Section 3 -119), which relates to business
53		-	interests and acts prohibited for manufacturers, wine
54		-	and spirts wholesalers, beer distributors, persons
55		-	authorized to sell alcoholic beverages to wholesalers
56		-	and others; modifying to apply to Oklahoma licensed
57		-	manufacturers or wholesalers; providing requirements
58		-	for manufacturers and brewers whose products are
59		-	made outside of the state to have an ownership
60		-	interest in an Oklahoma retailer; amending Section
61		-	90, Chapter 366, O.S.L. 2016, as amended by Section
62		-	23, Chapter 322, O.S.L. 2019 (37A O.S. Supp. 2020,
63		-	Section 3-120), which relates to business interests
64		-	prohibited for beverage, beer and wine, caterer,
65		-	public events or bottle club licensees; modifying to
66		-	apply to Oklahoma licensed manufacturers or
67		-	wholesalers; amending Section 91, Chapter 366, O.S.L.
68		-	2016, as amended by Section 24, Chapter 322, O.S.L.
69		-	2019 (37A O.S. Supp. 2020, Section 3-121), which
70		-	relates to limitations on ownership interest in mixed
71		-	beverage, beer and wine, caterers, public events or
72		-	bottle club licensees; modifying to apply to Oklahoma
73		-	licensed manufacturer, brewer, wine and spirits
74		-	wholesaler, beer distributor, partner in any type of
75		-	partnership, manager or member of a limited liability
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77		-	HB2135 HFLR Page 2
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103		-	company, or officer, director or stockholder of any
104		-	nonresident seller, brewer, or manufacturer licensee;
105		-	and providing an effective date.
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	40	+	An Act relating to alcoholic beverage s; enacting the
	41	+	Oklahoma Alcohol Act of 2021; providing for
	42	+	noncodification; and providing an effe ctive date.
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111	46		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
112		-	SECTION 1. AMENDATORY Section 89, Chapter 366, O.S.L.
113		-	2016, as last amended by Section 1, Chapter 431, O.S.L. 2019 (37A
114		-	O.S. Supp. 2020, Section 3 -119), is amended to read as follows:
115		-	Section 3-119. A. It shall be unlawful for any Oklahoma
116		-	Licensed manufacturer, brewer, wine and spirits wholesaler, beer
117		-	distributor or person authorized to sell alcoholic beverages to a
118		-	wholesaler, or any employee, officer, director, stockholder owning
119		-	fifteen percent (15%) or more of the stock, any type of partner,
120		-	manager, member or agent thereof, to directly or indirectly:
121		-	1. Have any financial interest in any premises upon which any
122		-	alcoholic beverage is sold at retail or in any business connected
123		-	with the retailing of alcoholic beverages; provided, nothing in this
124		-	act shall prohibit the operation of a mixed beverage licensee, beer
125		-	and wine licensee or caterer licensee by an entity which has common
126		-	owners with the holder of a small brewer license or a brewpub
127		-	license;
128		-	2. Lend any money or other thing of value, or to make any gift
129		-	or offer any gratuity, to any package store, retail wine, retail
	47	+	SECTION 1. NEW LAW A new section of law not to be
	48	+	codified in the Oklahoma Statutes reads as follows:
	49	+	This act shall be known and may be cited as the "Oklahoma
	50	+	Alcohol Act of 2021".
	51	+	SECTION 2. This act shall become effective November 1, 2021.
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131		-	HB2135 HFLR Page 3
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157		-	beer, mixed beverage, beer and wine, public event or bottle club
158		-	licensee or caterer;
159		-	3. Guarantee any loan or the repay ment of any financial
160		-	obligation of any retailer, mixed beverage, beer and wine, public
161		-	event or bottle club licensee or caterer;
162		-	4. Require any wine and spirits wholesaler, beer distributor,
163		-	retailer, mixed beverage, on -premises beer and wine licensee, p ublic
164		-	event or caterer to purchase and dispose of any quota of alcoholic
165		-	beverages, or to require any retailer to purchase any kind, type,
166		-	size, container or brand of alcoholic beverages in order to obtain
167		-	any other kind, type, size, container or brand of alcoholic
168		-	beverages;
169		-	5. Sell to any retailer, mixed beverage, on -premises beer and
170		-	wine licensee, public event or caterer any alcoholic beverage on
171		-	consignment, or upon condition, or with the privilege of return, or
172		-	on any condition other than a bona fide sale; provided, the
173		-	following shall not be considered a violation of this paragraph:
174		-	a. delivery in good faith, through mistake, inadvertence
175		-	or oversight, of an alcoholic beverage that was not
176		-	ordered by a retailer, mixed beverage licensee, on -
177		-	premises beer and wine licensee, caterer, public event
178		-	or special event licensee to such licensee,
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180		-	HB2135 HFLR Page 4
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206		-	b. replacement of product breakage that occurred while
207		-	the alcoholic beverages were in transit from the
208		-	wholesaler to the licensee, or
209		-	c. replacement of cork-tainted wine that makes the
210		-	product unsaleable as long as the licensee notifies
211		-	the wine and spirits wholesaler of the defect in
212		-	writing within ninety (90) days after delivery of the
213		-	product; or
214		-	6. Extend credit to any retailer, other than holders of Federal
215		-	Liquor Stamps on United States government reservations and
216		-	installations, mixed beverage, public event or on -premises beer and
217		-	wine licensee or caterer, other than a state lodge located in a
218		-	county which has approved the retail sale of alcoholic beverages by
219		-	the individual drink for on -premises consumption. The acceptance of
220		-	a postdated check or draft or the failure to deposit for collection
221		-	a current check or draft by the second banking day after receipt
222		-	shall be deemed an extension of credit. Violation of th is section
223		-	shall be grounds for suspension of the license.
224		-	B. Notwithstanding anything to the contrary stated above or in
225		-	any other statutory provision in this title, no manufacturer or
226		-	brewer whose products are made outside of the State of Oklahoma
227		-	shall be prohibited from having any ownership interest in an
228		-	Oklahoma retailer, provided that the Oklahoma retailer that is
229		-	commonly owned by a manufacturer or brewer does not offer for sale
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231		-	HB2135 HFLR Page 5
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257		-	at its Oklahoma retail locations the beer, wine, or spirits that are
258		-	made by the manufacturer outside of the State.
259		-	SECTION 2. AMENDATORY Section 90, Chapter 366, O.S.L.
260		-	2016, as amended by Section 23, Chapter 322, O.S.L. 2019 (37A O.S.
261		-	Supp. 2020, Section 3 -120), is amended to read as follows:
262		-	Section 3-120. No mixed beverage, beer and wine, caterer,
263		-	public event or bottle club licensee, partner in any type of
264		-	partnership, manager or member of a limited liability company,
265		-	officer, director or stockholder of any corporate licensee owning
266		-	more than fifteen percent (15%) of the stock shall have any right,
267		-	title, lien, claim or interest, financial or otherwise in, upon or
268		-	to the premises, equipment, business or merchandise of any package
269		-	store, beer distributor, brewer, Oklahoma Licensed manufacturer or
270		-	wholesaler. The provisions of this section shall not prohibit a
271		-	person who is an officer or director of a fraternal or veteran's
272		-	organization which is a tax exempt organization under Section
273		-	501(c)(8),(10) or (19) of the Internal Revenue Code and which holds
274		-	a license issued by the ABLE Commission from having a right, title,
275		-	lien, claim or interest in the premises, equipment, business or
276		-	merchandise of a package store.
277		-	SECTION 3. AMENDATORY Section 91, Chapter 366, O.S.L.
278		-	2016, as amended by Section 24, Chapter 322, O.S.L. 2019 (37A O.S.
279		-	Supp. 2020, Section 3 -121), is amended to read as follows:
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281		-	HB2135 HFLR Page 6
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307		-	Section 3-121. No Oklahoma licensed manufacturer, brewer, wine
308		-	and spirits wholesaler, beer distributor, partner in any type of
309		-	partnership, manager or member of a limited liability company, or
310		-	officer, director or stockholder of any nonresident seller, brewer,
311		-	or manufacturer licensee, owning more than fifteen percent (15%) of
312		-	the stock shall have any right, title, claim or interest, fin ancial
313		-	or otherwise in, upon or to the premises, equipment, business or
314		-	merchandise of any mixed beverage, beer and wine, caterer, public
315		-	event or bottle club licensee.
316		-	SECTION 4. This act shall become effective November 1, 2021.
317		-
318		-	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
319		-	SUBSTANCES, dated 03/01/2021 - DO PASS, As Amended and Coauthored.
	53	+	58-1-5778 JL 12/07/20