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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 796 By: Coleman
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 3-106, which relates to direct
wine shipper’s permit; modifying requirements for
certain reports; prohibiting certain acts; providing
penalties; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 3 -106, is
amended to read as follows:
Section 3-106. A. A Direct Wine Shipper ’s Permit may be issued
by the Oklahoma ABLE Commission to a winery licensed in this or any
other state within the United States a s a wine producer. A Direct
Wine Shipper’s Permit allows a winery to ship up to six nine -liter
cases of wine annually directly to an Oklahoma resident who is
twenty-one (21) years of age or older for such resident ’s personal
use and not for resale. No re sident shall be permitted to purchase
more than thirty nine-liter cases of wine per year under the
provisions of this section.
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B. The ABLE Commission shall prom ulgate rules governing the
application, issuance and renewal of Direct Wine Shipper ’s Permits,
which shall include but not be limited to:
1. Proof of current licensure in this or any other state as a
wine producer;
2. Payment of a registration fee of Thr ee Hundred Dollars
($300.00) for original permits and One Hundred Fifty Dollars
($150.00) for renewal permits; and
3. Any other document ation that the ABLE Commission believes is
reasonably necessary to verify the identity and physical location of
the winery.
C. With regard to direct wine shipments permitted by this
section, Direct Wine Shipper pe rmit holders:
1. Shall not ship more than six nine-liter cases of wine
annually to any person for his or her personal use;
2. Shall not ship wine intended for resale;
3. Shall ensure that all packages containing wine shipped
directly to a resident in th is state are conspicuously labeled with
the words “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY ” or are conspicuously labeled with alternative
wording preapproved by the ABLE Commission;
4. Shall require the transporter or c ommon carrier that
delivers the wine to ob tain the signature of a person twenty -one
(21) years of age or older at the delivery address at the time of
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delivery. At the expense of the Direct Wine Shipper, the Direct
Wine Shipper shall receive a delivery con firmation from the express
company, common carrier or contract carrier indicating the location
of delivery and the name and signature of the individual who
accepted the delivery. The ABLE Commission shall design and create
a label or approve a label that must be affixed to the shipping
container by the licensee;
5. Shall report to the ABLE Commission annually, by a method
prescribed by the ABLE Commission, the t otal amount of wine shipped
into the state the preceding calendar year;
6. Shall annually pay to the Oklahoma Tax Commission all
applicable taxes due on sales authorized by this section to Oklahoma
residents in the preceding calendar year. The amount of such taxes
shall be calculated as if the sale were in Oklahoma at the location
where delivery is made. Upon request, permit holders shal l permit
the Tax Commission to perform an audit of the permit holder ’s
records in order to assure compliance;
7. Shall be deemed to have consented to the jurisdiction of any
agency or court of the State of Oklahom a tasked with the enforcement
of or adjudication of controversies related to this section and any
related laws or rules; and
8. Shall require the consumer to ve rify, by electronic means or
otherwise, that the consumer is at least twenty -one (21) years of
age.
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D. Every express company, common car rier, contract carrier and
every firm or corporation that shall bring, carry or transport wine
for delivery to any pers on in the state, except wine or spirit
wholesalers or beer distributors, shall prepare and file quarterly
with the ABLE Commission a repo rt, which shall not be subject to the
Oklahoma Open Records Act, of known wine shipments containing:
1. The name of the company, carrier, person, firm or
corporation making the report;
2. The period of time cover ed by the report;
3. The name, direct shipping per mit number, and business
address of the consignor shipping the wine;
4. The weight of the packages shipped;
5. The unique tracking number of the delivery; and
6. The date of delivery.
E. 1. No express company, common carrier , or contract carrier
nor any representative, agent, or employee on behalf of a n express
company, common carrier, or contract carrier sha ll knowingly deliver
any shipping container that contains an alcoholic beverage into this
state, unless it complies with the provisions of this se ction.
2. No express company, common carrier, or contract carrier nor
any representative, agent, or employee on behalf of an express
company, common carrier, or contract carrier shall knowingly d eliver
any shipping container that is clearly labeled as con taining an
alcoholic beverage including, but not limited to, the lawful
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shipment of wine under this section, t o any person in this state who
is under the age of twenty -one (21) years of age at t he time of
delivery.
3. Any express company, common carrier , or contract carrier
that carriers or transports alcoholic beverages for delivery within
this state in violatio n of this section for the first offense shall
be fined not more than One Thousand Five Hundred Dollars
($1,500.00), for a second offense shall be fined not more than Two
Thousand Five Hundred Dollars ($2,500.00), and for a third and
subsequent offense shall be fin ed not more than Five Thousand
Dollars ($5,000.00).
4. An express company, common carr ier, and contract carrier may
be held vicariously liable for the actions of its repres entatives,
agents, and employees for actions in violation of this section.
F. The provisions of this section do not apply to a motor
carrier or freight forwarder as d efined in Section 13102 of Title 49
of the United States Code or to an air carrier as defined in Section
40102 of Title 49 of the United States Code.
SECTION 2. This act shall become effective November 1, 2023.
59-1-809 MR 1/18/2023 9:18:53 PM