OKLAHOMA CONSTITUTION
ARTICLE XXVIII
ALCOHOLIC BEVERAGE LAWS AND ENFORCEMENT
Art. XXVIII-A §1 | BEVERAGES GOVERNED
Art. XXVIII-A §2 | ENACTMENT OF LAWS BY LEGISLATURE - DIRECT SHIPMENT OF ALCOHOLIC BEVERAGES - DIRECT SALES OF WINE
Text effective Oct. 1, 2018
b. from the date of adoption of this Article by the voters until the effective date of this Article, brewers may continue to obtain and operate up to two (2) low-point beer brewery-owned branches pursuant to the existing low-point beer laws pertaining to the distribution of low-point beer by brewery-owned branches,
c. only after the effective date of this Article, the Legislature may duly enact legislation to require, by statute, the divestiture of all brewery-branches. If the Legislature requires brewers to divest, it must require full divestiture of every brewery-owned branch in the state, and it shall allow brewers at least (1) year but no more than three (3) years to complete said divestiture. Except as provided in this subsection, and except for a small brewer as defined by law, no other member of one tier may own an interest in a business licensed in a different tier;
3. A brewer, with the exception of a small brewer as defined by law, shall not be permitted to sell beer in this state unless such sales occur through an Oklahoma licensed wholesaler pursuant to a wholesaler agreement and remain at-rest in the licensed wholesaler's warehouse for at least twenty-four (24) hours, unless the sale occurs through a wholesaler that has obtained a hardship exception to this twenty-four-hour at-rest requirement. The wholesaler agreement shall designate the territory within which the beer will be sold exclusively by the wholesaler;
4. Winemakers either within or without this state may sell wine produced at their wineries to any licensed wholesaler who desires to purchase the wine; provided, that if a winemaker elects to sell the wine it produces to multiple wholesalers, then such sales shall be made on the same price basis and without discrimination to each wholesaler. In addition to its sales through one or more licensed wholesalers, a winemaker may be authorized to sell its wine as follows:
b. winemakers either within or without this state that annually produce no more than fifteen thousand (15,000) gallons of wine may sell and ship only the wine they produce directly to licensed restaurants or other retail stores and outlets that may be from time to time authorized by the state to sell alcoholic beverages; provided, however, that any such winemaker which elects to directly sell its wine under this subparagraph shall not also use a licensed wholesaler as a means of distribution, and shall be required to sell its wines to every restaurant and other retail store or outlet that may be from time to time authorized by the state to sell wine for off-premise consumption who desires to purchase the same, as supplies allow, on the same price basis and without discrimination. As used in this section, "restaurant" means an establishment that is licensed to sell alcoholic beverages by the individual drink for on-premise consumption and where food is prepared and sold for immediate consumption on the premises. Any winemaker within or without this state that annually produces no more than fifteen thousand (15,000) gallons of wine and elects to directly sell its wine to restaurants and other retail stores and outlets that may be from time to time authorized by the state to sell wine for off-premise consumption must self-distribute the wine using only vehicle(s) owned or leased by the winemaker, and without the use of a common or private contract carrier.
5. Every wholesaler, except a beer wholesaler, must sell its products on the same price basis and without discrimination to all on-premise and off-premise licensees, unless otherwise provided by law. Every beer wholesaler must sell its beer 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. Every wholesaler must receive payment in full upon receipt of the alcoholic beverage by all on-premise and off-premise licensees. It shall be unlawful for any wholesaler to grant to any member of the retail tier, directly or indirectly, any credit, loan, discount, rebate, free goods, allowance or other inducement not otherwise expressly permitted by state law.
b. who intend the wine for personal use and not for resale,
c. who will not receive by direct shipment more than six (6) nine-liter cases of wine from any single winery per year, and
d. who will not receive by direct shipment more than thirty (30) nine-liter cases of wine per year.
Notes
NOTE:
The provisions of subparagraph b of paragraph 1 of subsection A of Section 2 shall become effective Nov. 15, 2016.Art. XXVIII-A §3 | LEGISLATURE TO PRESCRIBE LICENSES
Text effective Oct. 1, 2018
b. refrigerated and non-refrigerated wine and beer in their original sealed package.
2. A Retail Wine License, which shall be required in order to sell refrigerated or non-refrigerated wine in the original sealed package. Retail Wine Licenses may be owned without limitation on number by retail locations; and
3. A Retail Beer License, which shall be required in order to sell refrigerated or non-refrigerated beer in the original sealed package. Retail Beer Licenses may be owned without limitation on number by retail locations.
2. Retail outlets which were authorized to legally sell low point beer as of the effective date of this section.
Art. XXVIII-A §4 | LICENSE REQUIREMENTS
Text effective Oct. 1, 2018
B. A Wine and Spirits Wholesaler's License shall only be issued to a sole proprietor who has been a resident of this state for at least five (5) years immediately preceding the date of application for such license, or a partnership in which all the partners have satisfied the same residency requirement, except as otherwise provided in this section. A Wine and Spirits Wholesaler's License shall not be issued to a corporation, limited liability company or similar business entity, except as otherwise provided in this section.
C. The holder of a license specified in subsection B of this section may enter into an agreement with a corporation, limited liability company or similar business entity that would otherwise be prohibited from obtaining a license in this state under this section, provided that the corporation, limited liability company or similar business entity:
2. Will actively participate in the day-to-day operations of the license holder;
3. Will secure all necessary permits with the state; and
4. Will not maintain more than a fifty percent (50%) equity interest in the license holder at any time.
E. The State of Oklahoma shall not issue a license to any person who has been convicted of a felony, or to any entity if any individual, partner, director or officer who maintains an ownership interest in the entity, has been convicted of a felony, unless otherwise provided by law.
Art. XXVIII-A §5 | PROHIBITION OF SALES TO CERTAIN PERSONS
Text effective Oct. 1, 2018
2. A person who has been adjudged insane or mentally deficient; or
3. A person who is intoxicated.
C. The Legislature shall, by law, provide penalties for violations of the provisions of this section.
Art. XXVIII-A §6 | LEGISLATURE TO DETERMINE TIMES OF SALES OR SERVICE
Text effective Oct. 1, 2018
The Legislature shall, by law, designate the specific days, hours and holidays on which alcoholic beverages may be sold or served to consumers for off-premise and/or on-premise consumption.Art. XXVIII-A §7 | TAXATION OF ALCOHOLIC BEVERAGES
Text effective Oct. 1, 2018
The retail sale of alcoholic beverages shall be subject to the sales tax laws enacted by the Legislature and in addition thereto the Legislature may levy taxes upon the manufacture, possession and/or all sales of alcoholic beverages, including sales by any entity that sells alcoholic beverages to consumers for off-premise and/or on-premise consumption, the proceeds of which, except sales tax, shall be distributed provided by law.Art. XXVIII-A §8 | STATE AND POLITICAL SUBDIVISIONS PROHIBITED FROM ENGAGING IN BUSINESS
Text effective Oct. 1, 2018
The State of Oklahoma, or any political subdivision thereof, or any board, commission or agency thereof, is hereby prohibited from engaging in any phase of the alcoholic beverage business, including the manufacture, sale, transportation or distribution thereof, at wholesale or retail, and the maintenance, ownership or operation of warehouses or alcoholic beverage stores; except that if the voters of a county in which a state lodge is located approve retail sale of alcoholic beverages by the individual drink for on-premise consumption, and if the State Legislature enacts legislation approving such sales in any such lodges located in any such counties, then such sales are authorized. The Legislature may enact laws restricting the involvement of officers and employees of the state and political subdivisions thereof in the alcoholic beverage business.Provided, that nothing herein shall prohibit the sale of alcoholic beverages legally confiscated as provided by law.
Art. XXVIII-A §9 | OCCUPATION TAX
Text effective Oct. 1, 2018
Incorporated cities and towns wherein the sale of alcoholic beverages is lawful, may levy an occupation tax, not exceeding the amount of the State license fees, for the manufacture, distribution or sale of alcoholic beverages.Art. XXVIII-A §10 | EFFECTIVE DATES
Text effective Oct. 1, 2018
The provisions of this Article, except for subparagraph b of paragraph 1 of subsection A of Section 2, shall become effective on October 1, 2018. The provisions of subparagraph b paragraph 1 of subsection A of Section 2 shall become effective upon certification of election returns favoring passage of the Constitutional Amendment set forth in this resolution.This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
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