Old	New	Differences
1	1
2	2
3	3	Req. No. 6530 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE JOINT
33	33	RESOLUTION 1005 By: Provenzano
34	34
35	35
36	36
37	37
38	38
39	39
40	40	AS INTRODUCED
41	41
42	42	A Joint Resolution directing the Secretary of State
43	43	to refer to the people for their approval or
44	44	rejection a proposed am endment to Section 2 of
45	45	Article XXVIII-A of the Constitution of the State of
46	46	Oklahoma; providing that certain restrictions on
47	47	manufacturers of alcoholic beverages shall not apply
48	48	to small distillers; providing that the term "small
49	49	distiller" shall be defined by law; providing ballot
50	50	title; and directing filing.
51	51
52	52
53	53
54	54
55	55
56	56	BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
57	57	1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
58	58	SECTION 1. The Secretary of State shall refer to the pe ople for
59	59	their approval or rejection, as and in the manner provided by law,
60	60	the following proposed amendment to Section 2 of Article XXVIII -A of
61	61	the Constitution of the State of Oklahoma to read as follows:
62	62	Section 2. A. The Legislature shall enact laws providing for
63	63	the strict regulation, control, licensing and taxation of the
64	64	manufacture, sale, distribution, possession, transportation and
65	65
66	66	Req. No. 6530 Page 2 1
67	67	2
68	68	3
69	69	4
70	70	5
71	71	6
72	72	7
73	73	8
74	74	9
75	75	10
76	76	11
77	77	12
78	78	13
79	79	14
80	80	15
81	81	16
82	82	17
83	83	18
84	84	19
85	85	20
86	86	21
87	87	22
88	88	23
89	89	24
90	90
91	91	consumption of alcoholic beverages, consistent with the provisions
92	92	of this Article. Provided:
93	93	1. a. there shall be prohibited any common ownership between
94	94	the manufacturing, wholesaling and retailing tiers,
95	95	unless otherwise permitted by this subsection.
96	96	Following the effective date of this Article, brewers
97	97	may obtain beer wholesaler licenses to distribute
98	98	beer, also known as brewery-owned branches, to up to
99	99	two (2) territories within the state. Any brewery -
100	100	owned branch in operation on the date of adoption of
101	101	this Article may not expand its distribution territory
102	102	that was in effect on the date of adoption of this
103	103	Article. If a brewer maintained one or more licenses
104	104	to distribute low-point beer in the state prior to the
105	105	effective date of this Article, then up to two (2) of
106	106	the brewer's low-point beer distribution licenses
107	107	shall automatically convert to beer distributio n
108	108	licenses upon the effective date of this Article. All
109	109	low-point distribution licenses shall cease to exist
110	110	following this conversion date,
111	111	b. from the date of adoption of this Article by the
112	112	voters until the effective date of this Article,
113	113	brewers may continue to obtain and operate up to two
114	114	(2) low-point beer brewery-owned branches pursuant to
115	115
116	116	Req. No. 6530 Page 3 1
117	117	2
118	118	3
119	119	4
120	120	5
121	121	6
122	122	7
123	123	8
124	124	9
125	125	10
126	126	11
127	127	12
128	128	13
129	129	14
130	130	15
131	131	16
132	132	17
133	133	18
134	134	19
135	135	20
136	136	21
137	137	22
138	138	23
139	139	24
140	140
141	141	the existing low-point beer laws pertaining to the
142	142	distribution of low-point beer by brewery -owned
143	143	branches,
144	144	c. only after the effective date of this Article, the
145	145	Legislature may duly enact legislation to require, by
146	146	statute, the divestiture of all brewery -branches. If
147	147	the Legislature requires brewers to divest, it must
148	148	require full divestiture of every brewery -owned branch
149	149	in the state, and it shall allow brewers at least (1)
150	150	year but no more than three (3) years to complete said
151	151	divestiture.,
152	152	d. Except except as provided in this subsection, and
153	153	except for a small brewer as defined by law or a small
154	154	distiller as defined by law , no other member of one
155	155	tier may own an interest in a business licensed in a
156	156	different tier;
157	157	2. A manufacturer, except a brewer or a small distiller as
158	158	defined by law, shall not be permitted to sell alcoholic beverages
159	159	in this state unless such sales occur through an Oklahoma
160	160	wholesaler. A manufacturer, except a brewer, or subsidiary of any
161	161	manufacturer, who markets his or her product solely through a
162	162	subsidiary or subsidiaries, a distiller, rectifier, bottler,
163	163	winemaker or importer of alcoholic beverages, bottled or made in a
164	164	foreign country, either within or without this state, may sell such
165	165
166	166	Req. No. 6530 Page 4 1
167	167	2
168	168	3
169	169	4
170	170	5
171	171	6
172	172	7
173	173	8
174	174	9
175	175	10
176	176	11
177	177	12
178	178	13
179	179	14
180	180	15
181	181	16
182	182	17
183	183	18
184	184	19
185	185	20
186	186	21
187	187	22
188	188	23
189	189	24
190	190
191	191	brands or kinds of alcoholic beverages to any licensed wholesaler
192	192	who desires to purchase the same. Provided, if a manufacturer,
193	193	except a brewer, elects to sell its products to multiple
194	194	wholesalers, such sales shall be made on the same price basis and
195	195	without discrimination to each wholesaler;
196	196	3. A brewer, with the exception of a small brewer as defined by
197	197	law, shall not be permitted to sell beer in this state unless such
198	198	sales occur through an Oklaho ma licensed wholesaler pursuant to a
199	199	wholesaler agreement and remain at -rest in the licensed wholesaler 's
200	200	warehouse for at least twenty -four (24) hours, unless the sale
201	201	occurs through a wholesaler that has obtained a hardship exception
202	202	to this twenty-four-hour at-rest requirement. The wholesaler
203	203	agreement shall designate the territory within which the beer will
204	204	be sold exclusively by the wholesaler;
205	205	4. Winemakers either within or without this state may sell wine
206	206	produced at their wineries to any licensed wholesaler who desires to
207	207	purchase the wine; provided, that if a winemaker elects to sell the
208	208	wine it produces to multiple wholesalers, then such sales shall be
209	209	made on the same price basis and without discrimination to each
210	210	wholesaler. In addition to its sales through one or more licensed
211	211	wholesalers, a winemaker may be authorized to sell its wine as
212	212	follows:
213	213	a. winemakers either within or without this state may
214	214	sell wine produced at the winery to adult consumers
215	215
216	216	Req. No. 6530 Page 5 1
217	217	2
218	218	3
219	219	4
220	220	5
221	221	6
222	222	7
223	223	8
224	224	9
225	225	10
226	226	11
227	227	12
228	228	13
229	229	14
230	230	15
231	231	16
232	232	17
233	233	18
234	234	19
235	235	20
236	236	21
237	237	22
238	238	23
239	239	24
240	240
241	241	who are at least twenty -one (21) years of age and are
242	242	physically present on the premises of the winery or at
243	243	a festival or trade show, and
244	244	b. winemakers either within or without this state that
245	245	annually produce no more than fifteen thousand
246	246	(15,000) gallons of wine may sell and ship only the
247	247	wine they produce directly to licensed restaurants or
248	248	other retail stores and outlets that may be from time
249	249	to time authorized by the state to sell alcoholic
250	250	beverages; provided, however, that any such winemaker
251	251	which elects to directly sell its wine under this
252	252	subparagraph shall not also use a licensed wholesaler
253	253	as a means of distribution, and shall be required to
254	254	sell its wines to every restaurant and other retail
255	255	store or outlet that may be from time to time
256	256	authorized by the state to sell wine for off-premise
257	257	off-premises consumption who desires to purchase the
258	258	same, as supplies allow, on the same price basis and
259	259	without discrimination. As used in this section,
260	260	"restaurant" means an establishment that is licensed
261	261	to sell alcoholic beverages by the individua l drink
262	262	for on-premise on-premises consumption and where food
263	263	is prepared and sold for immediate consumption on the
264	264	premises. Any winemaker within or without this state
265	265
266	266	Req. No. 6530 Page 6 1
267	267	2
268	268	3
269	269	4
270	270	5
271	271	6
272	272	7
273	273	8
274	274	9
275	275	10
276	276	11
277	277	12
278	278	13
279	279	14
280	280	15
281	281	16
282	282	17
283	283	18
284	284	19
285	285	20
286	286	21
287	287	22
288	288	23
289	289	24
290	290
291	291	that annually produces no more than fifteen thousand
292	292	(15,000) gallons of wine and elec ts to directly sell
293	293	its wine to restaurants and other retail stores and
294	294	outlets that may be from time to time authorized by
295	295	the state to sell wine for off-premise off-premises
296	296	consumption must self -distribute the wine using only
297	297	vehicle(s) owned or leased by the winemaker, and
298	298	without the use of a common or private contract
299	299	carrier.
300	300	All provisions of this paragraph are declared to be
301	301	interdependent; and
302	302	5. Every wholesaler, except a beer wholesaler, must sell its
303	303	products on the same price basis and withou t discrimination to all
304	304	on-premise on-premises and off-premise off-premises licensees,
305	305	unless otherwise provided by law. Every beer wholesaler must sell
306	306	its beer to all on-premise on-premises licensees on the same price
307	307	basis and without discrimination an d to all off-premise off-premises
308	308	licensees on the same price basis within a particular county and
309	309	without discrimination. Every wholesaler must receive payment in
310	310	full upon receipt of the alcoholic beverage by all on-premise on-
311	311	premises and off-premise off-premises licensees. It shall be
312	312	unlawful for any wholesaler to grant to any member of the retail
313	313	tier, directly or indirectly, any credit, loan, discount, rebate,
314	314
315	315	Req. No. 6530 Page 7 1
316	316	2
317	317	3
318	318	4
319	319	5
320	320	6
321	321	7
322	322	8
323	323	9
324	324	10
325	325	11
326	326	12
327	327	13
328	328	14
329	329	15
330	330	16
331	331	17
332	332	18
333	333	19
334	334	20
335	335	21
336	336	22
337	337	23
338	338	24
339	339
340	340	free goods, allowance or other inducement not otherwise expressly
341	341	permitted by state law.
342	342	B. No alcoholic beverage shall be shipped directly to a
343	343	consumer from a manufacturer within or without the state, unless
344	344	such shipment has been authorized by law. Provided, if direct
345	345	shipment is authorized by law, it shall be limited to the direct
346	346	shipment of wine by wineries within or without the state who have
347	347	secured all necessary permits and remitted all necessary taxes as
348	348	prescribed by the state, to Oklahoma residents:
349	349	a. who are at least twenty -one (21) years of age,
350	350	b. who intend the wine for pers onal use and not for
351	351	resale,
352	352	c. who will not receive by direct shipment more than six
353	353	(6) nine-liter cases of wine from any single winery
354	354	per year, and
355	355	d. who will not receive by direct shipment more than
356	356	thirty (30) nine-liter cases of wine per year.
357	357	C. All laws passed by the Legislature under the authority of
358	358	the Article shall be consistent with the provisions of this section.
359	359	If any provision of this Article applicable to winemakers is ruled
360	360	to be unconstitutional by a court of competent jurisdiction, then no
361	361	winemaker shall be permitted to directly sell its wine to
362	362	restaurants or other retail stores and outlets that may be from time
363	363
364	364	Req. No. 6530 Page 8 1
365	365	2
366	366	3
367	367	4
368	368	5
369	369	6
370	370	7
371	371	8
372	372	9
373	373	10
374	374	11
375	375	12
376	376	13
377	377	14
378	378	15
379	379	16
380	380	17
381	381	18
382	382	19
383	383	20
384	384	21
385	385	22
386	386	23
387	387	24
388	388
389	389	to time authorized by the state to sell wine for off -premise
390	390	consumption or to consumers in this state.
391	391	SECTION 2. The Ballot Title for the proposed Constitutional
392	392	amendment as set forth in SECTION 1 of this resolution shall be in
393	393	the following form:
394	394	BALLOT TITLE
395	395	Legislative Referendum No. ____ State Question No. ____
396	396	THE GIST OF THE PROPOSITION IS AS FOLLOW S:
397	397	This measure amends the Article of the Oklahoma Constitution
398	398	that deals with alcoholic beverages. The amendments pertain to
399	399	small distilleries. The amendments would exclude small
400	400	distilleries from the prohibition against manufacturers selling
401	401	at retail and would exclude small distilleries from the
402	402	requirement that sales can only be made to licensed wholesalers.
403	403	This mirrors the language currently in the Constitution
404	404	regarding small brewers. As is the case with small brewers, th e
405	405	definition of small d istiller would be provided by law.
406	406	SHALL THE PROPOSAL BE APPROVED?
407	407	FOR THE PROPOSAL — YES _____________
408	408	AGAINST THE PROPOSAL — NO _____________
409	409	SECTION 3. The Chief Clerk of the House of Representatives,
410	410	immediately after the passage of t his resolution, shall prepare and
411	411	file one copy thereof, including the Ballot Title set forth in
412	412
413	413	Req. No. 6530 Page 9 1
414	414	2
415	415	3
416	416	4
417	417	5
418	418	6
419	419	7
420	420	8
421	421	9
422	422	10
423	423	11
424	424	12
425	425	13
426	426	14
427	427	15
428	428	16
429	429	17
430	430	18
431	431	19
432	432	20
433	433	21
434	434	22
435	435	23
436	436	24
437	437
438	438	SECTION 2 hereof, with the Secretary of State and one copy with the
439	439	Attorney General.
440	440
441	441	58-1-6530 JL 12/28/20
442	442

Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1005 Compare Versions