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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2665 By: Echols
AS INTRODUCED
An Act relating to alcoholic beverages; amending
Section 13, Chapter 366, O.S.L. 20 16, as last amended
by Section 9, Chapter 161, O.S.L. 20 20 (37A O.S.
Supp. 2020, Section 2-101), which relates to fees;
modifying name of certain license; adding certain
license information; amending Section 19, Chapter
366, O.S.L. 2016, as amended by Section 11, Chapter
364, O.S.L. 2017 (37A O.S. Supp. 2020 , Section 2-
107), which relates to the wine and spirits
wholesaler license; authorizing wine or spirits
wholesaler licensee to purchase or import from
certain additional sources; restricting certain
purchases of alcoholic beverages by wholesalers;
requiring certain licensees to collect and remit
excise taxes on certain imports; expanding exception
to the certain restrictions on the sales of spirits
and wine between wholesalers; amending Section 47,
Chapter 366, O.S.L. 2016 , as amended by Section 7,
Chapter 322, O.S.L. 2019 (37A O.S. Supp. 2020 ,
Section 2-135), which relates to the manufacturer 's
license; authorizing the election of designating or
nondesignating manufacturer status; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 13, Chapter 366, O.S.L.
2016, as last amended by Section 9, Chapter 161, O.S.L. 2020 (37A
O.S. Supp. 2020, Section 2 -101), is amended to read as follows:
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Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License................................ .. $1,250.00
2. Small Brewer License .............................. $125.00
3. Distiller License ............................... $3,125.00
4. Winemaker License ................................ . $625.00
5. Small Farm Winery License .......................... $75.00
6. Rectifier License ............................... $3,125.00
7. Wine and Spirits Wholesaler License ............. $3,000.00
8. Beer Distributor License .......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population .......... $305.00
b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population ........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population ................. $905.00
10. Retail Wine License............................ $1,000.00
11. Retail Beer License .............................. $500.00
12. Mixed Beverage License ......................... $1,005.00
(initial license)
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$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License ..... $1,250.00
14. On-Premises Beer and Wine License ................ $500.00
(initial license)
$450.00
(renewal)
15. Bottle Club License ............................ $1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License ................................ $1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License ...................... $55.00
18. Quarterly Special Event License ................... $55.00
19. Hotel Beverage License ......................... $1,005.00
(initial license)
$905.00
(renewal)
20. Airline/Railroad/Commercial Passenger Vessel Beverage
License................................ ........ $1,005.00
(initial license)
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$905.00
(renewal)
21. Agent License................................ ..... $55.00
22. Employee License ................................ .. $30.00
23. Industrial License................................ $23.00
24. Carrier License ................................ ... $23.00
25. Private Carrier License ........................... $23.00
26. Bonded Warehouse License ......................... $190.00
27. Storage License ................................ ... $23.00
28. Nonresident Seller License or Manufacturer's
License................................ .......... $750.00
29. Designating or Nondesignating Manufacturer
License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $75.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year......................... $100.00
c. 501 cases or more sold in Oklahoma in
last calendar year......................... $125.00
30. Manufacturer's Agent License...................... $55.00
30. 31. Sacramental Wine Supplier License ............ $100.00
31. 32. Charitable Auction License ..................... $1.00
32. 33. Charitable Alcoholic Beverage License ......... $55.00
33. 34. Winemaker Self-Distribution License .......... $750.00
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34. 35. Annual Public Event License ................ $1,005.00
35. 36. One-Time Public Event License ................ $255.00
36. 37. Small Brewer Self-Distribution License ....... $750.00
37. 38. Brewpub License............................ $1,005.00
38. 39. Brewpub Self-Distribution License ............ $750.00
39. 40. Complimentary Beverage License ................ $75.00
40. 41. Satellite Tasting Room License....... ........ $100.00
B. 1. There shall be added to the initial or renewal fees for
a Mixed Beverage License an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code.
2. There shall be added to the fee for a Mixed Beverage/Caterer
Combination License an administrative fee, which shall not be deemed
to be a license fee, in the amount of Two Hundred Fifty Dolla rs
($250.00), which shall be paid at the same time and in the same
manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
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1. The license fee for a mixed bev erage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
2. The renewal fee fo r an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on -premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on -premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on-premises beer and wine
license and operate the licensed premises as a mixed beverage
establishment or an on -premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no additional fee for such exchange and the mixed
beverage license or on -premises beer and wine license issued shall
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expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller or Manufacturer License...... $2,500.00
2. Designating or Nondesignating Manufacturer
License:
a. 50 cases or less sold in Oklahoma in
last calendar year......................... $125.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year......................... $250.00
c. 501 cases or more sold in Oklahoma in
last calendar year......................... $375.00
3. Wine and Spirits Wholesaler License ............. $2,500.00
3. 4. Beer Distributor............................. $1,000.00
4. 5. Retail Spirits License for cities and
towns over 5,000 population.................... $250.00
5. 6. Retail Spirits License for cities and
towns from 2,501 to 5,000 population ........... $200.00
6. 7. Retail Spirits License for cities and
towns from 200 to 2,500 population ............. $150.00
7. 8. Retail Wine License............................ $250.00
8. 9. Retail Beer License............................ $250.00
9. 10. Mixed Beverage License ......................... $25.00
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10. 11. Mixed Beverage/Caterer Combination
License................................ ....... $25.00
11. 12. Caterer License............................... $25.00
12. 13. On-Premises Beer and Wine License ............. $25.00
13. 14. Annual Public Event License ................... $25.00
14. 15. Small Farm Winery License..................... $25.00
15. 16. Small Brewer License .......................... $35.00
16. 17. Complimentary Beverage License ................ $25.00
The surcharge shall be paid concurrent with the licensee 's
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, s hall be deposited in the Alcoholic Beverage
Governance Revolving Fund established pursuant to Section 5 -128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any obligation to independently determine
the validity of such license or be held liable solely as a
consequence of another licensee 's failure to maintain a valid
license.
SECTION 2. AMENDATORY Section 19, Cha pter 366, O.S.L.
2016, as amended by Section 1 1, Chapter 364, O.S.L. 2017 (37A O.S.
Supp. 2020, Section 2 -107), is amended to read as follows:
Section 2-107. A. A wine and spirits wholesaler license shall
authorize the holder thereof:
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1. To purchase and import into this state spirits and wines
from persons authorized to sell same who are the holders of a
designating manufacturer license, nondesignating manufacturer
license or nonresident seller license, and their agents who are the
holders of manufacture r's agent licenses; provided, it shall be
unlawful for any wholesaler to purchase any alcoholic beverage s for
resale unless those alcoholic beverages are purchased from a primary
American source of supply for the brand of alcoholic beverages
sought to be resold;
2. To purchase spirits and wines from licensed distillers,
rectifiers and winemakers in this state;
3. To purchase spirits and wines from licensed wholesalers, to
the extent set forth in subsections B and C of this section;
4. To sell in retail c ontainers in this state to retailers,
mixed beverage, caterer, special event, public event, hotel beverage
or airline/railroad beverage licensees, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale; provided, it shall be unlawful for any
wholesaler to sell any alcoholic beverages if the alcoholic
beverages have not been purchased by the wholesaler f rom a primary
American source of supply ;
5. To sell to licensed wholesalers, to the e xtent set forth in
subsections B and C of this section, spirits and wines which have
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been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale; and
6. To sell spirits and wines out of this state to qualified
persons; and
7. To collect and remit excise taxes on all alcoholic beverages
it has transported into the state .
Provided, however, sales of spirits and wine in containers with
a capacity of less than one -twentieth (1/20) gallon by a holder of a
wholesaler license shall be in full case lots and in the original
unbroken case. Wholesalers shall be authorized to place such signs
outside their place of business as are required by Acts of Congress
and by such laws and regulations promulgated under such Acts.
B. A wholesaler may sell spirits and wine to other wholesalers
or purchase spirits and wines from other wholesalers without
complying with subsection A of this section in the case of the sale,
purchase or other transfer or acquisition of a particular brand of
wine or spirits or the entire business of a wholesaler, including
the inventory of spirits and wine.
C. A wholesaler license shall authorize the holder thereof to:
1. Maintain not more than three (3) self -owned or leased and
self-operated bonded warehouses wi thin this state. All invoices
shall be stored at the principal place of business for which the
wholesaler license was granted; and
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2. Accept as payment cash, personal check, cashier 's check,
money order or electronic fund transfer from persons licensed t o
purchase alcoholic beverages; provided, a wholesaler shall not be
permitted to accept payment by credit card.
SECTION 3. AMENDATORY Section 47, Chapter 366, O.S.L.
2016, as amended by Section 7, Chapter 322, O.S.L. 2019 (37A O.S.
Supp. 2020, Section 2 -135), is amended to read as follows:
Section 2-135. A. All distillers, winemakers, and spirits
manufacturers, importers, brokers and others seeking to sell wine
and spirits 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 wine and spirits
intended for consumption within the State of Oklahoma.
A manufacturer's license or nonresident seller license shall
authorize the holder thereof to solicit and take orders for wine and
spirits from the holders of licenses authorized to import the same
into this state, and to ship or deliver, or cause to be shipped or
delivered, wine and spirits into Oklahoma pursuant to such sales.
B. The ABLE Commission may, subject to the provisions of the
Oklahoma Alcoholic Beverage Control Act requiring notice and hearing
in the case of sanctions against holders of licenses, suspend or
revoke a brewer's license, manufacturer 's license or nonresident
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seller license for any violation of the Oklahoma Alcoholic Beverage
Control Act by the holder thereof.
C. No licensee in this state authorized to import alcoholic
beverages into this state shall purchase or receive any alcoholic
beverages from without this state from any person not holding a
valid and existing brewer, small brewer, manufacturer 's or
nonresident seller license. Every manufacturer 's license or
nonresident seller license shall expir e on the June 30 following its
issuance or renewal, and shall be eligible for subsequent renewal
terms of one (1) year beginning on the July 1 following each
expiration. License fees for a new or initial manufacturer 's
license or nonresident seller licens e applied for after July 1 may
be prorated through the following June 30 on a quarterly basis.
D. The holder of a manufacturer 's license or nonresident seller
license shall, promptly upon consignment of any wine and spirits to
an importer in Oklahoma, for ward 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.
E. Any person, not otherwise a dealer in alcoholic beverages,
coming into possessi on of any alcoholic beverages as security for or
in payment of a debt, or as an insurer or its transferee or assignee
for the salvage or liquidation of an insured casualty or damage or
loss, or as an executor, administrator, trustee or other fiduciary,
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may sell the beverages in one lot or parcel to a duly licensed
wholesaler or beer distributor at an agreed -upon price without
regard to current posted prices. However, immediately after taking
possession of the alcoholic beverages, the person shall register
with the Director and furnish a detailed list of the alcoholic
beverages and post with the Director a bond in such amount as the
Director deems sufficient to protect the state from any taxes due on
the alcoholic beverages. The person shall pay to the Dire ctor a
registration fee of Fifty Dollars ($50.00), which fee shall permit
the sale of only the alcoholic beverages detailed in the
registration request. A wholesaler or beer distributor receiving a
lot or parcel of alcoholic beverages pursuant to this sub section may
sell it in one lot or parcel or more than one lot or parcel to a
licensed package store or mixed beverage licensee or more than one
licensed package store or mixed beverage licensee at an agreed -upon
price without regard to current posted price s; provided, the total
of the lots sold by the wholesaler or beer distributor shall not
exceed four (4) lots.
F. In the event a winery, distiller, importer or broker obtains
a manufacturer's license, the manufacturer shall elect to be either
a designating manufacturer or nondesignating manufacturer. For
purposes of this title:
1. "Designating manufacturer " shall be any manufacturer,
importer, broker or agent that has designated a wine and spirits
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wholesaler to distribute one or more stock -keeping units (SKUs)
within the state; and
2. "Nondesignating manufacturer " shall be any manufacturer,
importer, broker or agent that has elected to allow all wine and
spirits wholesalers to distribute one or more SKUs within the state.
SECTION 4. This act shall become effective November 1, 2021.
58-1-6287 JL 12/28/20