Bill Summary – FastDemocracy

                              STATE OF OKLAHOMA
               2nd Session of the 57th Legislature (2020)
  HOUSE BILL 3162                        By: Martinez
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                                AS INTRODUCED
         An Act relating to alcoholic beverages; amending
            Section 76, Chapter 366, O.S.L. 2016, as last amended
         by Section 3, Chapter 113, O.S.L. 2018 (37A O.S.
            Supp. 2019, Section 3-106), which relates to the
         shipment of wine; modifying requirements for certain
            reports; and providing an effective date.
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 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
     SECTION 1.       AMENDATORY    Section 76, Chapter 366, O.S.L.
 2016, as last amended by Section 3, Chapter 113, O.S.L. 2018 (37A
 O.S. Supp. 2019, Section 3-106), is amended to read as follows:
     Section 3-106.   A.   A Direct Wine Shipper's Permit may be issued
 by the Oklahoma ABLE Commission to a winery licensed in this or any
 other state within the United States as a wine producer.   A Direct
 Wine Shipper's Permit allows a winery to ship up to six nine-liter
 cases of wine annually directly to an Oklahoma resident who is
 twenty-one (21) years of age or older for such resident's personal
 use and not for resale.   No resident shall be permitted to purchase
 more than thirty nine-liter cases of wine per year under the
 provisions of this section.
     Req. No. 10235                                                    Page 1
      B.   The ABLE Commission shall promulgate rules governing the
  application, issuance and renewal of Direct Wine Shipper's Permits,
  which shall include but not be limited to:
      1.   Proof of current licensure in this or any other state as a
  wine producer;
      2.   Payment of a registration fee of Three Hundred Dollars
  ($300.00) for original permits and One Hundred Fifty Dollars
  ($150.00) for renewal permits; and
      3.   Any other documentation that the ABLE Commission believes is
 reasonably necessary to verify the identity and physical location of
 the winery.
     C.   With regard to direct wine shipments permitted by this
 section, Direct Wine Shipper permit holders:
     1.   Shall not ship more than six nine-liter cases of wine
 annually to any person for his or her personal use;
     2.   Shall not ship wine intended for resale;
     3.   Shall ensure that all packages containing wine shipped
 directly to a resident in this state are conspicuously labeled with
 the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
 REQUIRED FOR DELIVERY" or are conspicuously labeled with alternative
 wording preapproved by the ABLE Commission;
     4.   Shall require the transporter or common carrier that
 delivers the wine to obtain the signature of a person twenty-one
 (21) years of age or older at the delivery address at the time of
     Req. No. 10235                                                    Page 2
  delivery.   At the expense of the Direct Wine Shipper, the Direct
  Wine Shipper shall receive a delivery confirmation from the express
  company, common carrier or contract carrier indicating the location
  of delivery and the name and signature of the individual who
  accepted the delivery.    The ABLE Commission shall design and create
  a label or approve a label that must be affixed to the shipping
  container by the licensee;
      5.   Shall report to the ABLE Commission annually, by a method
  prescribed by the ABLE Commission, the total amount of wine shipped
 into the state the preceding calendar year;
     6.   Shall annually pay to the Oklahoma Tax Commission all
 applicable taxes due on sales authorized by this section to Oklahoma
 residents in the preceding calendar year.   The amount of such taxes
 shall be calculated as if the sale were in Oklahoma at the location
 where delivery is made.    Upon request, permit holders shall permit
 the Tax Commission to perform an audit of the permit holder's
 records in order to assure compliance;
     7.   Shall be deemed to have consented to the jurisdiction of any
 agency or court of the State of Oklahoma tasked with the enforcement
 of or adjudication of controversies related to this section and any
 related laws or rules; and
     8.   Shall require the consumer to verify, by electronic means or
 otherwise, that the consumer is at least twenty-one (21) years of
 age.
     Req. No. 10235                                                    Page 3
      D.   Every express company, common carrier, contract carrier and
  every firm or corporation that shall bring, carry or transport wine
  for delivery to any person in the state, except wine or spirit
  wholesalers or beer distributors, shall prepare and file quarterly
  with the ABLE Commission a report, which shall not be subject to the
  Oklahoma Open Records Act, of known wine shipments containing:
      1.   The name of the company, carrier, person, firm or
  corporation making the report;
      2.   The period of time covered by the report;
     3.   The name and business address of the consignor shipping the
 wine;
     4.   The weight of the packages shipped the quantity of wine
 delivered to each consignee;
     5.   The unique tracking number of the delivery; and
     6.   The date of delivery.
     E.   The provisions of this section do not apply to a motor
 carrier or freight forwarder as defined in Section 13102 of Title 49
 of the United States Code or to an air carrier as defined in Section
 40102 of Title 49 of the United States Code.
     SECTION 2.   This act shall become effective November 1, 2020.
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     57-2-10235     SD      01/07/20
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     Req. No. 10235                                                     Page 4