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SENATE FLOOR VERSION
February 20, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1044 By: Coleman
[ alcoholic beverages - wine and spirits wholesaler
license - payment methods - electronic funds transfer
- exceptions - penalty - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2 -107, is
amended to read as follows:
Section 2-107. A. A wine and spirits wholesaler license shall
authorize the holder thereof :
1. To purchase and import into this state spirits and wines
from persons authorized to sell same who are the holders of a
manufacturer or nonresident seller license, and their agents who are
the holders of manufacturer ’s agent licenses;
2. To purchase spirits and wines from licensed distillers,
rectifiers and winemakers in this state;
3. To purchase spirits and wines from licensed wholesalers, to
the extent set forth in subsections B and C of this section;
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4. To sell in retail containers in this state to retailers,
mixed beverage, caterer, special event, public event, hotel beverage
or airline/railroad beverage licensees, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale;
5. To sell to licensed wholesalers, to the extent set forth in
subsections B and C of this section, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale;
6. To sell spirits and wines out of this state to qualified
persons; and
7. To sell to licensed distillers spirits that were
manufactured by that distiller and which have been received and
unloaded at a bonded warehouse facility of a wholesaler before such
sale.
Provided, however, sales of spirits and wine in containers with
a capacity of less than one -twentieth (1/20) gallon by a holder of a
wholesaler license shall be in full case lots and in the original
unbroken case. Wholesalers shall be authorized to place such signs
outside their place of business as are required by Acts of Congress
and by such laws and regulations promulgated under such Acts.
B. A wholesaler may sell spirits and wine to other wholesalers
or purchase spirits and wines from other wholesalers without
complying with subsection A of this section in the case of the sale,
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purchase or other transfer or acquisition of the entire business of
a wholesaler including the inventory of spirits and wine.
C. A wholesaler license shall authorize the holder thereof to :
1. Maintain maintain not more than three (3) self-owned or
leased and self-operated bonded warehouses within this state. All
invoices shall be stored at the principal place of business for
which the wholesaler license was granted ; and
2. Accept as payment cas h, personal check, cashier ’s check,
money order or electronic fund transfer from persons licensed to
purchase alcoholic beverages; provided, a wholesaler shall not be
permitted to accept payment by credit card .
SECTION 2. AMENDATORY 37 A O.S. 2021, Section 3 -119, is
amended to read as follows:
Section 3-119. A. It shall be unlawful for any manufacturer,
brewer, wine and spirits wholesaler, beer distributor or person
authorized to sell alcoholic beverages to a wholesaler, or any
employee, officer, director, stockholder owning fifteen percent
(15%) or more of the stock, any type of partner, manager, member or
agent thereof, to directly or indirectly:
1. Have any financial interest in any premises upon which any
alcoholic beverage is sold at retail or in any business connected
with the retailing of alcoholic beverages; provided, nothing in this
act Section 1-101 et seq. of this title shall prohibit the operation
of a mixed beverage licensee, beer and wine licensee or caterer
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licensee by an entity which has common owners with the holder of a
small brewer license or a brewpub license;
2. Lend any money or other thing of value, or to make any gift
or offer any gratuity, to any package store, retail wine, retail
beer, mixed beverage, beer and wine, public event or bottle club
licensee or caterer;
3. Guarantee any loan or the repayment of any financial
obligation of any retailer, mixed beverage, beer and wine, public
event or bottle club licensee or caterer;
4. Require any wine and spirit s wholesaler, beer distributor,
retailer, mixed beverage, on -premises beer and wine licensee, public
event or caterer to purchase and dispose of any quota of alcoholic
beverages, or to require any retailer to purchase any kind, type,
size, container or brand of alcoholic beverages in order to obtain
any other kind, type, size, container or brand of alcoholic
beverages;
5. Sell to any retailer, mixed beverage, on -premises beer and
wine licensee, public event or caterer any alcoholic beverage on
consignment, or upon condition, or with the privilege of return, or
on any condition other than a bona fide sale; provided, the
following shall not be considered a violation of this paragraph:
a. delivery in good faith, through mistake, inadvertence
or oversight, of an alc oholic beverage that was not
ordered by a retailer, mixed beverage licensee, on -
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premises beer and wine licensee, caterer, public event
or special event licensee to such licensee,
b. replacement of product breakage that occurred while
the alcoholic beverages were in transit from the
wholesaler to the licensee, or
c. replacement of cork-tainted wine that makes the
product unsaleable as long as the licensee notifies
the wine and spirits wholesaler of the defect in
writing within ninety (90) days after delivery of the
product; or
6. Extend credit to any retailer, other than holders of Federal
Liquor Stamps on United States government reservations and
installations, mixed beverage, public event or on -premises beer and
wine licensee or caterer, other than a state lodge located in a
county which has approved the retail sale of alcoholic beverages by
the individual drink for on -premises consumption. The acceptance of
a postdated check or draft or the failure to deposit for collection
a current check or draft by the second banking day after receipt
shall be deemed an extension of credit. Violation of this section
shall be grounds for suspension of the license.
B. All payments by a retail beer, retail wine, or retail
spirits licensee to a beer distributor or a wine and spirits
wholesaler licensee for the purchase of beer, wine, or spirits may
be made by electronic funds transfer (EFT) payment. No payment to a
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wholesaler shall be made in cash. All EFT payments shall comply
with the following:
1. The beer distributo r or wine and spirits wholesaler licensee
shall initiate the EFT payment transmittal by initiating the
withdrawal of the funds from the retailer ’s account;
2. The EFT payment transmittal to the banking institution shall
occur no later than the next b anking business day from the date of
the delivery of the beer, wine, or spirits order to the retailer
licensee; and
3. A single EFT payment may be made to a wholesaler licensee
making deliveries to multiple locations of a chain retailer on the
same business day. The retailer and wholesaler shall maintain a
store-by-store detailed record to ensure that individual delivery
invoices may be traced to the EFT payment.
C. A wholesaler licensee may accept a check or money order in
the following instances:
1. When accepting payment for a non -sufficient funds EFT
payment;
2. During temporary service interruptions of the third -party
payment processing company; or
3. During the thirty-day period following the issuance of a
license to a retailer.
D. To maintain contro l of its ability to receive payment, the
wholesaler licensee shall be solely responsible for selecting a
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third-party payment processing company to facilitate the EFT
payments. A wholesaler licensee shall not select a third -party
payment processing co mpany that requires more than thirty (30) days ’
notice from the wholesaler licensee to terminate its agreement with
the third-party payment processing company.
E. Violation of this section shall be grounds for suspension of
the license.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 6 -103, as
last amended by Section 1, Chapter 200, O.S.L. 2023 (37A O.S. Supp.
2024, Section 6-103), is amended to read as follows:
Section 6-103. A. No retail spirits licensee shall:
1. Purchase or receive any alcoholic beverage other than from a
wine and spirits wholesaler, beer distributor, winery or small
brewer self-distribution licensee who elects to self -distribute;
2. Suffer or permit any retail container to be opened, or any
alcoholic beverage to b e consumed on the licensed premises, except
when serving samples as authorized by Section 2 -109 of this title or
otherwise permitted by law; provided, the licensee shall not permit
any alcoholic beverage content or retail container unsealed in
connection with sampling authorized by Section 2 -109 of this title
to remain on the licensed premises at the close of business on that
day, excluding spirits;
3. Sell any alcoholic beverages at any hour other than between
the hours of 8:00 a.m. and midnight Monday th rough Saturday, and
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shall not be permitted to be open on Thanksgiving Day or Christmas
Day; provided, a county may, pursuant to the provisions of
subsections B and C of Section 3 -124 of this title, elect to allow
such sales between the hours of noon a nd midnight on Sunday. Retail
spirits licensees shall be permitted to sell alcoholic beverages on
the day of any General, Primary, Runoff Primary or Special Election
whether on a national, state, county or city election, provided that
the election day does not occur on any day on which such sales are
otherwise prohibited by law;
4. Sell spirits in a city or town, unless such city or town has
a population in excess of two hundred (200) according to the latest
Federal Decennial Census;
5. Sell any alcoholi c beverage on credit; provided, that
acceptance by a licensee of a cash or debit card or a nationally
recognized credit card in lieu of actual cash payment does not
constitute the extension of credit; provided , further, as used in
this section:
a. “cash or debit card” means any instrument or device
whether known as a debit card or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in depositing, obtaining or
transferring funds from a consumer banking electronic
facility, and
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b. “nationally recognized credit card ” means any
instrument or device, whether known as a credit card,
credit plate, charge plate or by any other name,
issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, servic es or
anything else of value on credit which is accepted by
over one hundred retail locations; or
6. Offer or furnish any prize, premium, gift or similar
inducement to a consumer in connection with the sale of alcoholic
beverages, except that goods o r merchandise included by the
manufacturer in packaging with alcoholic beverages or for packaging
with alcoholic beverages shall not be included in this prohibition,
but no wholesaler or retailer shall sell any alcoholic beverage
prepackaged with other goods or merchandise at a price which is
greater than the price at which the alcoholic beverage alone is
sold; provided, it shall not be considered inducement or a premium
for a retail spirits licensee to have an advertised price posted
higher online than the shelf price on the licensed premises ; or
7. Pay for alcoholic beverages by a check or draft which is
dishonored by the drawee when presented to such drawee for payment;
and the ABLE Commission may cancel or suspend the license of any
retailer who has given a check or draft, as maker or endorser, which
is so dishonored upon presentation .
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B. No retail spirits licensee shall permit any person under
twenty-one (21) years of age to enter into or remain within or about
the licensed premises unless accompanied by the person’s parent or
legal guardian; provided, however, this restriction shall not apply
to an employee of a licensed beer distributor or wine and spirits
wholesaler who:
1. Is at least eighteen (18) years of age;
2. Is accompanied by a coworker at least twenty-one (21) years
of age; and
3. Enters for the sole purpose of merchandising or delivering
product to the licensee in the normal course of business.
SECTION 4. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 20, 2025 - DO PASS AS AMENDED BY CS