§ 3-110. Licensed beer distributor--Sales and distribution restrictions
Oklahoma Statutes AnnotatedTitle 37A. Alcoholic BeveragesEffective: May 7, 2019
Effective: May 7, 2019
37A Okl.St.Ann. § 3-110
§ 3-110. Licensed beer distributor--Sales and distribution restrictions
A. A licensed distributor designated as the licensed distributor for a beer brand within a designated sales territory shall present that beer brand for sale to all on-premise licensees on the same price basis and without discrimination and to all off-premise licensees on the same price basis within a particular county and without discrimination. A licensed distributor shall not sell, supply or deliver, either directly or indirectly through a third party, a beer brand to a licensed retailer outside of the designated sales territory of the designated distributor nor to any person the licensed distributor has reason to believe will sell or supply any quantity of the beer brand to any retail location outside of the designated sales territory of the designated distributor.
B. All beer shall only be transported by a marked conveyance owned or leased by the licensed distributor and operated by the licensed distributor or an employee of the distributor for the products of a licensed brewer or cider manufacturer within the designated sales territory to the address and location of a licensed retailer within that designated sales territory.
D. With the approval of the licensed brewer or cider manufacturer, a licensed distributor may sell the designated brands to a licensed retailer located in a designated sales territory of another licensed distributor if that licensed distributor is temporarily unable for any reason to provide the designated brands of the licensed brewer or cider manufacturer within its designated sales territory.
F. For temporary events, beer distributors shall be permitted to park full trailers and Waymatics in the supplier area of the events for the purposes of pulling and selling product to special event, public event, caterer, on-premises beer and wine and mixed beverage licensees. A temporary event shall not exceed fourteen (14) consecutive calendar days in duration. The trailer/Waymatic shall be deemed an extension of the licensed premises of the beer distributor and no separate storage license shall be necessary. The following shall apply to beer and cider transactions during temporary events:
4. At least every fourth day of the event, the distributor shall generate and deliver a summary invoice. Within three days after the end of the event, the beer distributor shall reconcile the invoices with the deliveries made during the event and generate and deliver a final invoice to be paid immediately upon delivery;
6. For all temporary events, the beer distributor has the option of requiring the purchasing licensee to deliver a check for the full amount of the product contained within the trailer(s) at the beginning of the event to be held by the beer distributor pending completion of the event and reconciliation and payment. Such a requirement shall not be deemed a consignment sale, a credit transaction, or a violation of any rules or law.
The provisions of this subsection shall apply to small brewer self-distributors and brewpub self-distributors.
Credits
Laws 2016, c. 366, § 80, eff. Oct. 1, 2018; Laws 2017, c. 364, § 15, eff. Oct. 1, 2018; Laws 2019, c. 322, § 15, emerg. eff. May 7, 2019.
37A Okl. St. Ann. § 3-110, OK ST T. 37A § 3-110
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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