1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 796 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Section 3-106, which relates to direct
8 wine shipper’s permit; modifying requirements for
8 certain reports; prohibiting certain acts; providing
9 penalties; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 37A O.S. 2021, Section 3-106, is
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14 amended to read as follows:
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15 Section 3-106. A. A Direct Wine Shipper’s Permit may be issued
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16 by the Oklahoma ABLE Commission to a winery licensed in this or any
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17 other state within the United States as a wine producer. A Direct
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18 Wine Shipper’s Permit allows a winery to ship up to six nine-liter
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19 cases of wine annually directly to an Oklahoma resident who is
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20 twenty-one (21) years of age or older for such resident’s personal
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21 use and not for resale. No resident shall be permitted to purchase
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22 more than thirty nine-liter cases of wine per year under the
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23 provisions of this section.
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 1 B. The ABLE Commission shall promulgate rules governing the
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2 application, issuance and renewal of Direct Wine Shipper’s Permits,
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3 which shall include but not be limited to:
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4 1. Proof of current licensure in this or any other state as a
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5 wine producer;
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6 2. Payment of a registration fee of Three Hundred Dollars
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7 ($300.00) for original permits and One Hundred Fifty Dollars
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8 ($150.00) for renewal permits; and
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9 3. Any other documentation that the ABLE Commission believes is
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10 reasonably necessary to verify the identity and physical location of
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11 the winery.
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12 C. With regard to direct wine shipments permitted by this
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13 section, Direct Wine Shipper permit holders:
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14 1. Shall not ship more than six nine-liter cases of wine
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15 annually to any person for his or her personal use;
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16 2. Shall not ship wine intended for resale;
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17 3. Shall ensure that all packages containing wine shipped
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18 directly to a resident in this state are conspicuously labeled with
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19 the words “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
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20 REQUIRED FOR DELIVERY” or are conspicuously labeled with alternative
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21 wording preapproved by the ABLE Commission;
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22 4. Shall require the transporter or common carrier that
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23 delivers the wine to obtain the signature of a person twenty-one
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24 (21) years of age or older at the delivery address at the time of
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 1 delivery. At the expense of the Direct Wine Shipper, the Direct
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2 Wine Shipper shall receive a delivery confirmation from the express
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3 company, common carrier or contract carrier indicating the location
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4 of delivery and the name and signature of the individual who
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5 accepted the delivery. The ABLE Commission shall design and create
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6 a label or approve a label that must be affixed to the shipping
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7 container by the licensee;
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8 5. Shall report to the ABLE Commission annually, by a method
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9 prescribed by the ABLE Commission, the total amount of wine shipped
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10 into the state the preceding calendar year;
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11 6. Shall annually pay to the Oklahoma Tax Commission all
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12 applicable taxes due on sales authorized by this section to Oklahoma
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13 residents in the preceding calendar year. The amount of such taxes
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14 shall be calculated as if the sale were in Oklahoma at the location
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15 where delivery is made. Upon request, permit holders shall permit
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16 the Tax Commission to perform an audit of the permit holder’s
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17 records in order to assure compliance;
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18 7. Shall be deemed to have consented to the jurisdiction of any
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19 agency or court of the State of Oklahoma tasked with the enforcement
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20 of or adjudication of controversies related to this section and any
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21 related laws or rules; and
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22 8. Shall require the consumer to verify, by electronic means or
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23 otherwise, that the consumer is at least twenty-one (21) years of
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24 age.
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 1 D. Every express company, common carrier, contract carrier and
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2 every firm or corporation that shall bring, carry or transport wine
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3 for delivery to any person in the state, except wine or spirit
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4 wholesalers or beer distributors, shall prepare and file quarterly
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5 with the ABLE Commission a report, which shall not be subject to the
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6 Oklahoma Open Records Act, of known wine shipments containing:
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7 1. The name of the company, carrier, person, firm or
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8 corporation making the report;
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9 2. The period of time covered by the report;
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10 3. The name, direct shipping permit number, and business
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11 address of the consignor shipping the wine;
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12 4. The weight of the packages shipped;
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13 5. The unique tracking number of the delivery; and
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14 6. The date of delivery.
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15 E. 1. No express company, common carrier, or contract carrier
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16 nor any representative, agent, or employee on behalf of an express
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17 company, common carrier, or contract carrier shall knowingly deliver
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18 any shipping container that contains an alcoholic beverage into this
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19 state, unless it complies with the provisions of this section.
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20 2. No express company, common carrier, or contract carrier nor
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21 any representative, agent, or employee on behalf of an express
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22 company, common carrier, or contract carrier shall knowingly deliver
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23 any shipping container that is clearly labeled as containing an
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24 alcoholic beverage including, but not limited to, the lawful
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 1 shipment of wine under this section, to any person in this state who
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2 is under the age of twenty-one (21) years of age at the time of
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3 delivery.
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4 3. Any express company, common carrier, or contract carrier
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5 that carriers or transports alcoholic beverages for delivery within
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6 this state in violation of this section for the first offense shall
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7 be fined not more than One Thousand Five Hundred Dollars
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8 ($1,500.00), for a second offense shall be fined not more than Two
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9 Thousand Five Hundred Dollars ($2,500.00), and for a third and
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10 subsequent offense shall be fined not more than Five Thousand
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11 Dollars ($5,000.00).
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12 4. An express company, common carrier, and contract carrier may
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13 be held vicariously liable for the actions of its representatives,
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14 agents, and employees for actions in violation of this section.
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15 F. The provisions of this section do not apply to a motor
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16 carrier or freight forwarder as defined in Section 13102 of Title 49
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17 of the United States Code or to an air carrier as defined in Section
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18 40102 of Title 49 of the United States Code.
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19 SECTION 2. This act shall become effective November 1, 2023.
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21 59-1-809 MR 1/18/2024 9:19:09 AM
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