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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1723 By: Coleman
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 3 -116.2, which relates to
designated wholesalers ; removing beer distributors
from posting requirements; providing exception for
beer distributors; removing exception for certain
wine and spirits wholesale rs; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 3 -116.2, is
amended to read as follows:
Section 3-116.2. A. In the event a manufacturer has designated
a wine and spirits wholesaler or a brewer has designated a beer
distributor pursuant to subsecti on B of Section 3-116 of this title
to sell its product in the state, the wine and spi rits wholesaler
shall comply with the following posting requirements: The wine an d
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 fifteenth day of the month falls on a
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Saturday, Sunday or a holiday then t he wine and spirits wholesaler
shall submit its price posting on the next busin ess day. The price
posting submitted by the wine and spi rits wholesaler shall list the
line-item price, handling cost, transportation cost and any other
costs that may be assoc iated with the sale or delivery of that item.
All prices shall become effectiv e on the first business day of the
month following postin g 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 distribution by a single wine and
spirits wholesaler in the state o r by a brewer for distribution by a
beer distributor pursuant to subsection B o f Section 3-116 of this
title to a beer distributor or it s commonly owned affiliate that has
been designated by a brewer pursuant to subsec tion B of Section 3-
116 of this title.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage a nd approval.
58-2-2735 MR 1/20/2022 6:01:42 PM