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4 | - | ||
5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 796 By: Coleman of the Senate | |
28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 796 By: Coleman of the Senate | |
8 | 31 | ||
9 | 32 | and | |
10 | 33 | ||
11 | 34 | Marti of the House | |
12 | 35 | ||
13 | 36 | ||
14 | 37 | ||
15 | 38 | ||
16 | - | An Act relating to alcoholic beverages; amending 37A | |
39 | + | ||
40 | + | [ alcoholic beverages - Direct Wine Shipper’s Permit | |
41 | + | - reports - shipment - penalties - jurisdiction - | |
42 | + | notice - inspection and auditin g - effective date ] | |
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47 | + | ||
48 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
49 | + | and insert: | |
50 | + | ||
51 | + | ||
52 | + | "An Act relating to alcoholic beverages; amending 37A | |
17 | 53 | O.S. 2021, Section 3-106, which relates to direct | |
18 | 54 | wine shipper's permit; modifying requiremen ts for | |
19 | 55 | certain reports; providing information to be | |
20 | 56 | reported; prohibiting shipment of wine to consumers | |
21 | 57 | without a permit; providing penalties; providing that | |
22 | 58 | certain shippers have consented to certain state | |
23 | 59 | agency and court jurisdiction; prohibiting certai n | |
24 | 60 | acts; providing penalties; requiring notice to | |
25 | 61 | carriers of shipments that are unlawful; req uiring | |
26 | 62 | inspection and auditing of records; and providing an | |
27 | 63 | effective date. | |
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34 | 70 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
35 | - | ||
36 | 71 | SECTION 1. AMENDATORY 37A O.S. 2021, Section 3 -106, is | |
37 | 72 | amended to read as follows: | |
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39 | 99 | Section 3-106. A. A Direct Wine Shipper's Permit may be issued | |
40 | 100 | by the Oklahoma ABLE Commiss ion to a winery licensed in this or any | |
41 | 101 | other state within the United States as a wine producer. A Direct | |
42 | 102 | Wine Shipper's Permit allows a winery to ship up to six nine -liter | |
43 | 103 | cases of wine annually directly to an Oklahoma resident who is | |
44 | 104 | twenty-one (21) years of age or older for such resident's personal | |
45 | 105 | use and not for resale. No resid ent shall be permitted to purchase | |
46 | 106 | more than thirty nine-liter cases of wine per year under the | |
47 | 107 | provisions of this section. | |
48 | - | ||
49 | - | ENR. S. B. NO. 796 Page 2 | |
50 | - | ||
51 | 108 | B. The ABLE Commission shall promulgate rules gove rning the | |
52 | 109 | application, issuance and renewal of Direct Wine Shipper 's Permits, | |
53 | 110 | which shall include but not be limited to: | |
54 | - | ||
55 | 111 | 1. Proof of current licensure in this or any other state as a | |
56 | 112 | wine producer; | |
57 | - | ||
58 | 113 | 2. Payment of a registration fee of Three Hundred Dollar s | |
59 | 114 | ($300.00) for original permits and One Hundred Fifty Dollars | |
60 | 115 | ($150.00) for renewal permits; and | |
61 | - | ||
62 | 116 | 3. Any other document ation that the ABLE Commission believes is | |
63 | 117 | reasonably necessary to verify the identity and physical location of | |
64 | 118 | the winery. | |
65 | - | ||
66 | 119 | C. With regard to direct wine shipments permitted by this | |
67 | 120 | section, Direct Wine Shipper permi t holders: | |
68 | - | ||
69 | 121 | 1. Shall not ship more than six nine-liter cases of wine | |
70 | 122 | annually to any person for his or her personal use; | |
71 | 123 | ||
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72 | 149 | 2. Shall not ship wine intended for resale; | |
73 | - | ||
74 | 150 | 3. Shall ensure that all packages containing wine shipped | |
75 | 151 | directly to a resident in this state are conspicuously labeled with | |
76 | 152 | the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER | |
77 | 153 | REQUIRED FOR DELIVERY" or are conspicuously labeled with alternative | |
78 | 154 | wording preapproved by the ABLE Commission; | |
79 | - | ||
80 | 155 | 4. Shall require the transporter or comm on carrier that | |
81 | 156 | delivers the wine to ob tain the signature of a person twenty-one | |
82 | 157 | (21) years of age or olde r at the delivery address at the time of | |
83 | 158 | delivery. At the expense of the Direct Wine Shipper, the Direct | |
84 | 159 | Wine Shipper shall receive a delivery confir mation from the express | |
85 | 160 | company, common carrier or contract carrier indicating the location | |
86 | 161 | of delivery and the name and signature of the individual who | |
87 | 162 | accepted the delivery. The ABLE Commission shall design and create | |
88 | 163 | a label or approve a label that mus t be affixed to the shipping | |
89 | 164 | container by the licensee; | |
90 | - | ||
91 | - | ||
92 | - | ENR. S. B. NO. 796 Page 3 | |
93 | 165 | 5. Shall report to the ABLE Commission annually, quarterly by a | |
94 | 166 | method prescribed by the ABLE Commission, the total amount of wine | |
95 | 167 | shipped into the state the preceding calendar year all of the | |
96 | 168 | following information for each wine shipment into the state pursuant | |
97 | 169 | to this section: | |
98 | - | ||
99 | 170 | a. the name and address of the Oklahoma resident who | |
100 | 171 | placed the order, | |
101 | 172 | ||
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102 | 198 | b. the name of the common or permit carrier engaged in | |
103 | 199 | the shipment, | |
104 | - | ||
105 | 200 | c. the date of the shipment, | |
106 | - | ||
107 | 201 | d. the carrier tracking number, and | |
108 | - | ||
109 | 202 | e. the quantity of wine in the shipment; | |
110 | - | ||
111 | 203 | 6. Shall annually quarterly pay to the Oklahoma Tax Commission | |
112 | 204 | all applicable taxes due on sales authorized by this section to | |
113 | 205 | Oklahoma residents in the preceding calendar year. The am ount of | |
114 | 206 | such taxes shall be calculated as if the sale were in Oklahoma at | |
115 | 207 | the location where delivery is m ade. Upon request, permit holders | |
116 | 208 | shall permit the Tax Commission to perform an audit of the permit | |
117 | 209 | holder's records in order to assure compliance; | |
118 | - | ||
119 | 210 | 7. Shall be deemed to have consented to the jurisdiction of any | |
120 | 211 | agency or court of the State of Oklahoma t asked with the enforcement | |
121 | 212 | of or adjudication of controversies related to this section and any | |
122 | 213 | related laws or rules; and | |
123 | - | ||
124 | 214 | 8. Shall require the consum er to verify, by electronic means or | |
125 | 215 | otherwise, that the consumer is at leas t twenty-one (21) years of | |
126 | 216 | age. | |
127 | - | ||
128 | 217 | 9. Shipments of wine to consumers in Oklahoma from persons who | |
129 | 218 | do not possess a current Direct Wine Shippe r Permit pursuant to this | |
130 | 219 | section are prohibited. Any person that violates this section is | |
131 | 220 | guilty of a misdemeanor and subject to a civil penalty as follows: | |
132 | 221 | ||
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133 | 247 | for the first offense shall be fined not more than One Thousand Five | |
134 | 248 | Hundred Dollars ($1,500.00), for a second offense shall be fined not | |
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136 | - | ENR. S. B. NO. 796 Page 4 | |
137 | 249 | more than Two Thousand Five Hundred Dollars ($2,500.00), and for a | |
138 | 250 | third and subsequent offense shall be f ined not more than Five | |
139 | 251 | Thousand Dollars ($5,000.00). | |
140 | - | ||
141 | 252 | D. Every express company, common carrier, contract carrier and | |
142 | 253 | every firm or corporation that s hall bring, carry or transport wine | |
143 | 254 | for delivery to any person in the state, except wine or spirit | |
144 | 255 | wholesalers or beer distributors, shall prepare and file quarterly | |
145 | 256 | with the ABLE Commission a report, which shall not be subject to the | |
146 | 257 | Oklahoma Open Records Act, of all known wine shipments containing: | |
147 | - | ||
148 | 258 | 1. The name of the company, carrier, person, firm or | |
149 | 259 | corporation making the report; | |
150 | - | ||
151 | 260 | 2. The period of time covered by the report ; | |
152 | - | ||
153 | 261 | 3. The name and business address of the consigno r shipping the | |
154 | 262 | wine; | |
155 | - | ||
156 | 263 | 4. The weight of the packages shipped; | |
157 | - | ||
158 | 264 | 5. The unique tracking number of the delivery; and | |
159 | - | ||
160 | 265 | 6. The date of delivery. | |
161 | - | ||
162 | 266 | E. Notwithstanding any other provision of this Section, a | |
163 | 267 | common carrier that willfully refuses to file a report under thi s | |
164 | 268 | subsection shall be fined a penalty of up to five hundred dollars | |
165 | 269 | ($500.00). | |
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166 | 295 | ||
167 | 296 | F. A common carrier shall not deliver a shipment of wine | |
168 | 297 | pursuant to this section to any person in this state unless the | |
169 | 298 | carrier has verified the validity of the Direct Wi ne Shipper's | |
170 | 299 | Permit prior to accep ting shipment. A carrier may consider a direct | |
171 | 300 | wine shipper's permit to be valid unless notified otherwise by the | |
172 | 301 | ABLE Commission. | |
173 | - | ||
174 | 302 | G. Every express company, common carrie r, contract carrier and | |
175 | 303 | every firm or corporation that shall bring, carry or transport wine | |
176 | 304 | for delivery to any person in the state, except wi ne or spirit | |
177 | 305 | wholesalers or beer distribu tors, shall be deemed to have consented | |
178 | 306 | to the jurisdiction of any agency or court of the State of Oklahoma | |
179 | - | ||
180 | - | ENR. S. B. NO. 796 Page 5 | |
181 | 307 | tasked with the enforceme nt of or adjudication of controversies | |
182 | 308 | related to this section and any related law s or rules; and | |
183 | - | ||
184 | 309 | H. 1. Any express company, common carrier, or contract | |
185 | 310 | carrier, including any representative, agent, or employee on behalf | |
186 | 311 | of an express company, common carrier, or contract carri er, shall | |
187 | 312 | violate this section if it knowingly delivers in this state wine, | |
188 | 313 | beer, or distilled spi rits without obtaining a signature at the time | |
189 | 314 | of delivery by an adult w ho is at least twenty-one (21) years of age | |
190 | 315 | is guilty of a business offense for which th e express company, | |
191 | 316 | common carrier, or contract carrier that transp orts alcoholic liquor | |
192 | 317 | within this state shall be fined in accordance with Paragraph 3 of | |
193 | 318 | Subsection H of this Section. | |
194 | 319 | ||
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195 | 345 | 2. Any express company, common carrier, or contract carrier | |
196 | 346 | that knowingly delivers wine, beer, or distilled spirits to a person | |
197 | 347 | in this state who is under the age o f twenty-one (21) years of age | |
198 | 348 | is guilty of a business offense for which the express company, | |
199 | 349 | common carrier, or contract carrier that delivered the wine, beer, | |
200 | 350 | or distilled spirits shall be fined in acc ordance with Paragraph 3 | |
201 | 351 | of Subsection H of this S ection. | |
202 | - | ||
203 | 352 | 3. Any express company, common carrier, or contract carrie r | |
204 | 353 | that knowingly violates this section for a first offense shall be | |
205 | 354 | fined not more than One Thousand Five Hundred Dollars ($1,500 .00), | |
206 | 355 | for a second offense shall be fined not more than T wo Thousand Five | |
207 | 356 | Hundred Dollars ($2,500.00), and for a third and subsequent offense | |
208 | 357 | shall be fined not more than Five Thousand Dollars ($5,000.00). | |
209 | - | ||
210 | 358 | 4. Any express company, common carrier, or contract carrier | |
211 | - | ||
212 | 359 | that knowingly carries or transports alcoholic beverages for | |
213 | 360 | delivery within this state in violation of this section for the | |
214 | 361 | first offense shall be fined not more than One Thousand Five Hundred | |
215 | 362 | Dollars ($1,500.00), for a sec ond offense shall be fined not more | |
216 | 363 | than Two Thousand Five Hundred Dollars ($2,500.00), and for a third | |
217 | 364 | and subsequent offense shall be fined not more than Five Thousand | |
218 | 365 | Dollars ($5,000.00). | |
219 | - | ||
220 | 366 | 5. An express company, common carrier, and contract carrier may | |
221 | 367 | be held vicariously liable for the actions of its repr esentatives, | |
222 | 368 | agents, and employees for actions in violati on of this section. | |
223 | 369 | ||
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225 | 394 | ||
226 | 395 | 6. The Commission shall notify common carriers of all shipmen ts | |
227 | 396 | it has good cause to believe were made unlawfully into the s tate | |
228 | 397 | whether those be through a licensed direct shippe r, fulfillment | |
229 | 398 | provider or an unlicensed entity. The Commission may prohibit a | |
230 | 399 | carrier from transporting alcohol on behalf of a consignor | |
231 | 400 | identified as having made an unlawful shipment beginning 15 days | |
232 | 401 | from the date of the notice. A common carrier may r equest, and the | |
233 | 402 | Commission must provide, a hearing to sho w good cause for the | |
234 | 403 | continued shipping by said consignor. | |
235 | - | ||
236 | 404 | I. The ABLE Commission shall inspect and audit the records of | |
237 | 405 | both the direct wine shipp er permit holder, as well as the common | |
238 | 406 | carrier and enforce accordingly. | |
239 | - | ||
240 | 407 | J. The provisions of this section do not apply to a motor | |
241 | 408 | carrier or freight forwarder as defined in Section 13102 o f Title 49 | |
242 | 409 | of the United States Code or to an air carrier as defin ed in Section | |
243 | 410 | 40102 of Title 49 of the United State s Code. | |
411 | + | SECTION 2. This act shall become effective November 1, 2023." | |
244 | 412 | ||
245 | - | SECTION 2. This act shall become effective November 1, 2023. | |
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439 | + | Passed the House of Representatives the 27th day of April, 2023. | |
246 | 440 | ||
247 | 441 | ||
248 | 442 | ||
249 | 443 | ||
250 | - | ENR. S. B. NO. 796 Page 7 | |
251 | - | Passed the Senate the 18th day of May, 2023. | |
444 | + | ||
445 | + | Presiding Officer of the House of | |
446 | + | Representatives | |
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448 | + | ||
449 | + | Passed the Senate the ____ day of _______ ___, 2023. | |
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252 | 452 | ||
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255 | 455 | Presiding Officer of the Senate | |
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257 | 457 | ||
258 | - | Passed the House of Representatives the 27th day of April, 2023. | |
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483 | + | ENGROSSED SENATE | |
484 | + | BILL NO. 796 By: Coleman of the Senate | |
485 | + | ||
486 | + | and | |
487 | + | ||
488 | + | Marti of the House | |
489 | + | ||
490 | + | ||
491 | + | ||
492 | + | ||
493 | + | [ alcoholic beverages - Direct Wine Shipper’s Permit | |
494 | + | - reports - shipment - penalties - jurisdiction - | |
495 | + | notice - inspection and auditing - effective date ] | |
496 | + | ||
497 | + | ||
498 | + | ||
499 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
500 | + | SECTION 3. AMENDATORY 37A O.S. 2021, Section 3 -106, is | |
501 | + | amended to read as follows: | |
502 | + | Section 3-106. A. A Direct Wine Shipper ’s Permit may be issued | |
503 | + | by the Oklahoma ABLE Commission to a winery licensed in this or any | |
504 | + | other state within the United States a s a wine producer. A Direct | |
505 | + | Wine Shipper’s Permit allows a winery to ship up to six nine -liter | |
506 | + | cases of wine annually directly to an Oklahoma resident who is | |
507 | + | twenty-one (21) years of age or older for such resident ’s personal | |
508 | + | use and not for resale. No re sident shall be permitted to purchase | |
509 | + | more than thirty nine-liter cases of wine per year under the | |
510 | + | provisions of this section. | |
511 | + | B. The ABLE Commission shall prom ulgate rules governing the | |
512 | + | application, issuance and renewal of Direct Wine Shipper’s Permits, | |
513 | + | which shall include but not be limited to: | |
514 | + | ||
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540 | + | 1. Proof of current licensure in this or any other state as a | |
541 | + | wine producer; | |
542 | + | 2. Payment of a registration fee of Thr ee Hundred Dollars | |
543 | + | ($300.00) for original permits and One Hundre d Fifty Dollars | |
544 | + | ($150.00) for renewal permits; and | |
545 | + | 3. Any other document ation that the ABLE Commission believes is | |
546 | + | reasonably necessary to verify the identity and physical location of | |
547 | + | the winery. | |
548 | + | C. With regard to direct wine shipments permitted by this | |
549 | + | section, Direct Wine Shipper permit Shipper’s Permit holders: | |
550 | + | 1. Shall not ship more than six nine-liter cases of wine | |
551 | + | annually to any person for his or her personal use; | |
552 | + | 2. Shall not ship wine inte nded for resale; | |
553 | + | 3. Shall ensure that al l packages containing wine shipped | |
554 | + | directly to a resident in th is state are conspicuously labeled with | |
555 | + | the words “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER | |
556 | + | REQUIRED FOR DELIVERY ” or are conspicuously lab eled with alternative | |
557 | + | wording preapproved by the ABLE Commission; | |
558 | + | 4. Shall require the transporter or c ommon carrier that | |
559 | + | delivers the wine to ob tain the signature of a person twenty -one | |
560 | + | (21) years of age or older at the delivery address at the time of | |
561 | + | delivery. At the expense of the Direct Win e Shipper, the Direct | |
562 | + | Wine Shipper shall receive a delivery con firmation from the express | |
563 | + | company, common carrier or contract carrier indicating the location | |
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565 | + | ENGR. S. B. NO. 796 Page 3 1 | |
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590 | + | of delivery and the name and signature of the individual who | |
591 | + | accepted the delivery. The ABLE Comm ission shall design and create | |
592 | + | a label or approve a label that must be affixed to the shipping | |
593 | + | container by the licensee; | |
594 | + | 5. Shall report to the ABLE Commission annually, by a method | |
595 | + | prescribed by the ABLE Commissi on, the total amount of wine shipped | |
596 | + | into the state the preceding calendar year quarterly the following | |
597 | + | information: | |
598 | + | a. the name and address of the Oklahoma resident who | |
599 | + | placed the order, | |
600 | + | b. for each completed shipm ent, evidence of signature by | |
601 | + | an individual twenty-one (21) years of age or older, | |
602 | + | c. the name and license number of the com mon or permit | |
603 | + | carrier engaged in the shipment, | |
604 | + | d. for each shipment by a fulfillment center on behalf of | |
605 | + | the Direct Wine Shipper, the name and license numbe r | |
606 | + | of the fulfillment center engaged in the shipment, | |
607 | + | e. the date of the shipment, | |
608 | + | f. the carrier tracking number, and | |
609 | + | g. the quantity of wine in the shipment ; | |
610 | + | 6. Shall annually pay to the Oklahoma Tax Commission all | |
611 | + | applicable taxes due on sales authorized by this section to Oklahoma | |
612 | + | residents in the preceding calendar year. The amount of such taxes | |
613 | + | shall be calculated a s if the sale were in Oklahoma this state at | |
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615 | + | ENGR. S. B. NO. 796 Page 4 1 | |
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640 | + | the location where delivery i s made. Upon request, permit holders | |
641 | + | shall permit the Tax Commission to perform an audit of the permit | |
642 | + | holder’s records in order to ass ure compliance; | |
643 | + | 7. Shall be deemed to have consented to the jurisdiction of any | |
644 | + | agency or court of the State of Oklahom a this state tasked with the | |
645 | + | enforcement of or adjudi cation of controversies related to this | |
646 | + | section and any related laws or rules; and | |
647 | + | 8. Shall require the consumer to ve rify, by electronic means or | |
648 | + | otherwise, that the consumer is at least twenty -one (21) years of | |
649 | + | age. | |
650 | + | D. Shipments of wine to consumers in this state from persons | |
651 | + | who do not possess a current Direct Wine Shipper’s Permit pursuant | |
652 | + | to this section are prohibited. Any person in violation of this | |
653 | + | section is guilty of a misdemeanor and subject to a civil penalt y | |
654 | + | and a fine not more than: | |
655 | + | 1. One Thousand Five Hundred Dollars ($1,500.00), for the first | |
656 | + | offense; | |
657 | + | 2. Two Thousand Five Hundred Dollars ($ 2,500.00), for the | |
658 | + | second offense; and | |
659 | + | 3. Five Thousand Dollars ( $5,000.00), for the third and | |
660 | + | subsequent offenses. | |
661 | + | E. Every express company, common car rier, contract carrier and | |
662 | + | every firm or corporation that shall bring, carry o r transport wine | |
663 | + | for delivery to any pers on in the state, except wine or spirit | |
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665 | + | ENGR. S. B. NO. 796 Page 5 1 | |
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690 | + | wholesalers or beer distributors, shall prepare and file quarterly | |
691 | + | with the ABLE Commission a repo rt, which shall not be subject to the | |
692 | + | Oklahoma Open Records Act, of all known wine, beer, and distilled | |
693 | + | spirits shipments containing: | |
694 | + | 1. The name of the company, carrier, person, firm or | |
695 | + | corporation making the report; | |
696 | + | 2. The period of time cover ed by the report; | |
697 | + | 3. The name, direct shipping permit number, and business | |
698 | + | address of the consignor shipping the wine; | |
699 | + | 4. The weight of the packages shipped; | |
700 | + | 5. The unique tracking number of the delivery; and | |
701 | + | 6. The date of delivery. | |
702 | + | E. F. A common carrier shall not deliver a shipm ent of wine | |
703 | + | pursuant to this section to any person in this state unless the | |
704 | + | carrier has verified the validity of the Direct Wine Shipper’s | |
705 | + | Permit prior to acce pting shipment. A carrier may consider a D irect | |
706 | + | Wine Shipper’s Permit to be valid for the remain der of the stated | |
707 | + | license period unless notified otherwise by the ABLE Commission. | |
708 | + | G. Every express company, c ommon carrier, contract carrier, and | |
709 | + | every firm or corporation that shall b ring, carry, or transport wine | |
710 | + | for delivery to any person in this state, except wine and spirits | |
711 | + | wholesalers or beer distributors, shall be deemed to have consented | |
712 | + | to the jurisdiction of any agency or court of this state tasked with | |
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714 | + | ENGR. S. B. NO. 796 Page 6 1 | |
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739 | + | the enforcement of or adjudication of controversies related to this | |
740 | + | section and any related laws or rules. | |
741 | + | H. No express company, common carrier, or contract carrier nor | |
742 | + | any representative, agent, or employee on behalf of a n express | |
743 | + | company, common carrier, or contract carrier sha ll: | |
744 | + | 1. Knowingly deliver any shi pping container that contains an | |
745 | + | alcoholic beverage into this state, unless it complies with the | |
746 | + | provisions of this section; or | |
747 | + | 2. Knowingly deliver any shipping container that is clearl y | |
748 | + | labeled as containing an alcoholic beverage including, but not | |
749 | + | limited to, the lawful ship ment of wine under this section, to any | |
750 | + | person in this state who is under twenty-one (21) years of age at | |
751 | + | the time of delivery. | |
752 | + | I. Any express company, common carrier, or contract carrier | |
753 | + | that carries or transports alcoholic beverages for delivery within | |
754 | + | this state that violates this section shall be fined not more than: | |
755 | + | 1. One Thousand Five Hundred Dollars ($1,500.00), for the first | |
756 | + | offense; | |
757 | + | 2. Two Thousand Five Hundre d Dollars ($2,500.00), for the | |
758 | + | second offense; and | |
759 | + | 3. Five Thousand Dollars ($5,000.00), for the third and | |
760 | + | subsequent offenses. | |
761 | + | ||
762 | + | ENGR. S. B. NO. 796 Page 7 1 | |
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787 | + | An express company, common carrier, and contract carrier may be | |
788 | + | held vicariously liable for the action of its representatives, | |
789 | + | agents, and employees for actions in violation of this section. | |
790 | + | J. The Commission shall notify common carriers of all shipments | |
791 | + | it has good cause to believe were made unlawfully into this state | |
792 | + | whether those made through a licensed shipper, fulfillment | |
793 | + | providers, or an unlicensed entity. The Commission may prohi bit a | |
794 | + | carrier from transporting alcohol on behalf of a cosigner identified | |
795 | + | as having made an unlawful shipment beginning fif teen (15) days from | |
796 | + | the date of the notice. A common carrier may request, and the | |
797 | + | Commission may provide, a hearing to show good cause f or the | |
798 | + | continued shipping by the cosigner. | |
799 | + | K. The Commission shall inspect and audit the records of both | |
800 | + | the Direct Wine Ship per’s Permit holder, as well as the common | |
801 | + | carrier and enforce accordingly. | |
802 | + | L. The provisions of this section do not apply to a motor | |
803 | + | carrier or freight forwarde r as defined in Section 13102 of Title 49 | |
804 | + | of the United States Code or to an air carrier as defined in Section | |
805 | + | 40102 of Title 49 of the United States Code. | |
806 | + | SECTION 4. This act shall become effective November 1, 2023. | |
807 | + | ||
808 | + | ENGR. S. B. NO. 796 Page 8 1 | |
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832 | + | ||
833 | + | Passed the Senate the 23rd day of March, 2023. | |
834 | + | ||
835 | + | ||
836 | + | ||
837 | + | Presiding Officer of the S enate | |
838 | + | ||
839 | + | ||
840 | + | Passed the House of Representatives the ____ day of __________, | |
841 | + | 2023. | |
259 | 842 | ||
260 | 843 | ||
261 | 844 | ||
262 | 845 | Presiding Officer of the House | |
263 | 846 | of Representatives | |
264 | 847 | ||
265 | - | OFFICE OF THE GOVERNOR | |
266 | - | Received by the Office of the Governor this _______ _____________ | |
267 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
268 | - | By: _______________________________ __ | |
269 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
270 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
271 | 848 | ||
272 | - | _________________________________ | |
273 | - | Governor of the State of Oklahoma | |
274 | - | ||
275 | - | ||
276 | - | OFFICE OF THE SECRETARY OF STATE | |
277 | - | Received by the Office of the Secretary of State this _______ ___ | |
278 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
279 | - | By: _______________________________ __ |