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§ 3-101. Personal use, possession and making of alcoholic beverages--Exemptions for dentists, p...

Oklahoma Statutes AnnotatedTitle 37A. Alcoholic BeveragesEffective: May 7, 2019

Oklahoma Statutes Annotated
Title 37a. Alcoholic Beverages
Chapter 3. Statutory Regulation
Effective: May 7, 2019
37A Okl.St.Ann. § 3-101
§ 3-101. Personal use, possession and making of alcoholic beverages--Exemptions for dentists, physicians, drugstores, churches and military reservations--Restrictions on retail sales and shipping for out-of-state businesses
A. No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act. Provided, that nothing herein shall prevent the possession and transportation of alcoholic beverages for the personal use of the possessor and his or her family and guests, so long as the Oklahoma excise tax has been paid thereon, except for beer. Provided, further, that nothing herein shall prevent a person from making beer, cider or wine, by simple fermentation and without distillation for personal use if the maker of such beverages has first applied for and possesses a valid personal use permit issued by the ABLE Commission and the total volume of beer, cider or wine produced in any given calendar year is less than two hundred (200) gallons. No beverages made pursuant to a personal use permit shall be sold or offered for sale.
B. 1. Any duly licensed physician or dentist may possess and use alcoholic beverages in the strict practice of the profession and any hospital or other institution caring for sick or diseased persons may possess and use alcoholic beverages for the treatment of bona fide patients of such hospital or institution. Any drugstore employing a licensed pharmacist may possess and use alcoholic beverages in the preparation of prescriptions of duly licensed physicians.
2. The possession, transportation and dispensation of wine by any authorized representative of any church for the conducting of a bona fide rite or religious ceremony conducted by such church shall not be prohibited by the Oklahoma Alcoholic Beverage Control Act; nor shall such act prevent the sale, shipping or delivery of sacramental wine by any person holding a sacramental wine supplier license issued pursuant to the Oklahoma Alcoholic Beverage Control Act to any religious corporation or society of this state holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 1954,1 and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code, 1954, of the United States, as amended.
3. Provided further, that nothing in the Oklahoma Alcoholic Beverage Control Act shall prevent the possession, transportation and sale of alcoholic beverages within military reservations and in accordance with the laws and rules governing such military reservations, provided that the Oklahoma excise tax has been paid on such beverages.
C. 1. Except as otherwise authorized by law, it is unlawful for any brewer, manufacturer, wine and spirits wholesaler, beer distributor or retailer of alcoholic beverages, located and doing business from outside this state, to make retail sales of alcoholic beverages to purchasers located in this state or to ship alcoholic beverages sold at retail to persons located in this state. Any person who engages in the sale or shipping of alcoholic beverages in violation of the provisions of this subsection, upon conviction, shall be guilty of a felony punishable by imprisonment for not more than five (5) years, if the sale or delivery is made to a person under twenty-one (21) years of age, or a misdemeanor, if the sale or delivery is made to a person twenty-one (21) years of age or older.
2. The fine for a violation of this subsection shall be not more than Five Thousand Dollars ($5,000.00).
3. In addition, if the person holds a license issued by the ABLE Commission, the license shall be revoked pursuant to Section 60 of this act.2
D. All brewers, importers, brokers and others who sell beer or cider to licensed beer distributors in Oklahoma or manufacturers, importers, brokers and others who sell cider to licensed beer distributors in Oklahoma, regardless of whether such sales are consummated within or without the state, must obtain a license, as the case may be, in order to sell beer or cider intended for consumption within the State of Oklahoma.

Credits

Laws 2016, c. 366, § 71, eff. Oct. 1, 2018; Laws 2019, c. 322, § 11, emerg. eff. May 7, 2019.

Footnotes

26 U.S.C.A. § 501.
Title 37A, § 2-148.
37A Okl. St. Ann. § 3-101, OK ST T. 37A § 3-101
Current with legislation of the Second Regular Session of the 59th Legislature (2024) effective as of July 1, 2024. Some sections may be more current, see credits for details.
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