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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4053 By: Marti
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37a
O.S. 2021, Section 3 -116.2, which relates to posting
requirements for wine and spirit wholesalers and beer
distributors; removing posting requirements for beer
distributors; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37a O.S. 2021, Secti on 3-116.2, is
amended to read as follows:
Section 3-116.2 A. In the event a manufact urer has designated
a wine and spirits wholesaler or a brewer has designated a beer
distributor pursuant to subsection B of Section 3 -116 of this title
to sell its product in the state, the wine and spirits wholesaler
shall comply with the following postin g requirements: The wine and
spirits wholesaler or beer distributor appointed pursuant to
subsection B of Section 3 -116 of this title shall submit its line -
item price posting for that product no later than the fifteenth day
of each month. If the fifteent h day of the month falls on a
Saturday, Sunday or a holiday then the wine and spirits wholesaler
shall submit its price posting on the next business day. The price
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posting submitted by the wine and spirits wholesaler shall list the
line-item price, handling cost, transportation cost and any other
costs that may be associated with the sale or delivery of that item.
All prices shall become effective on the first business day of the
month following posting and shall remain in effect and unchanged in
one-month increments. No change or modification of the posted price
shall be permitted except upon written permission from the ABLE
Commission based on good cause shown.
B. This section shall not apply unless a product has been
designated by a manufacturer for d istribution by a single wine and
spirits wholesaler in the state or by a brewer for distribution by a
beer distributor pursuant to subsection B of Section 3 -116 of this
title to a beer distributor or its commonly -owned affiliate that has
been designated by a brewer pursuant to subsection B of Section 3 -
116 of this title, who shall not be required to post its prices .
SECTION 2. This act shall become effect ive November 1, 2022.
58-2-9540 JL 01/04/22