1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3353 By: Marti
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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 2-108, as amended by Section 1,
8 Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2023, Section
8 2-108), which relates to beer distributor license;
9 modifying timing provisions for economic hardship
9 waiver objections; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-108, as
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15 amended by Section 1, Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2023,
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16 Section 2-108), is amended to read as follows:
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17 Section 2-108. A. A beer distributor license shall authorize
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18 the holder thereof:
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19 1. To purchase and import into this state cider from persons
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20 authorized to sell the same who are the holders of manufacturer's
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21 licenses, and their agents who are the holders of manufacturer's
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22 agent licenses;
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 1 2. To purchase and import into this state beer or cider from
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2 persons authorized to sell the same who are the holders of brewer's
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3 or small brewer's licenses;
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4 3. To purchase beer and cider from licensed beer distributors
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5 in this state;
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6 4. To sell in retail containers to retailers, on-premises beer
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7 and wine, mixed beverage, caterer, special event, public event,
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8 hotel beverage and airline/railroad beverage licensees or any other
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9 licensee permitted to sell beer to consumers in this state, beer and
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10 cider which has been received, unloaded and stored at the holder's
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11 self-owned or leased and self-operated warehouses before such sale,
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12 unless otherwise permitted by this section;
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13 5. To sell beer and cider in this state to beer distributors
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14 and out of this state to qualified persons, including federal
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15 instrumentalities and voluntary associations of military personnel
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16 on federal enclaves in this state over which this state has ceded
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17 jurisdiction;
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18 6. To donate beer and cider to organizations, associations or
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19 nonprofit corporations organized for political, fraternal,
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20 charitable, religious or social purposes or to charitable events;
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21 7. To transport wine, spirits, beer and cider in vehicles
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22 owned, leased or operated by the beer distributor, a subsidiary of
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23 the beer distributor, or its agent, in addition to any nonalcoholic
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24 items. Provided, if the beer distributor transports wine and
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 1 spirits, a valid wine and spirits wholesaler license must be
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2 maintained by the beer distributor or affiliated entity having
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3 common ownership with the licensed beer distributor; and
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4 8. To store alcoholic beverages of any kind, including wine and
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5 spirits owned by a licensed affiliated entity having common
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6 ownership, nonalcoholic beverages, and other goods, wares, and
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7 merchandise related to the foregoing, in any number of warehouses
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8 owned or leased by the beer distributor as determined by the beer
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9 distributor. Provided, however, the storage of wine and spirits
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10 shall comply with the limitations to the number of warehouses
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11 contained in Section 2-107 of this title. There shall be no
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12 obligation to segregate the products in the warehouse by alcohol
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13 content or type of product. For purposes of this section, a leased
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14 warehouse includes a leased space within a multi-tenant building as
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15 long as such leased space is a discrete, enclosed area operated and
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16 controlled exclusively by the beer distributor.
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17 B. In the event that no in-state beer distributor for a
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18 particular brewer or manufacturer is willing to deliver beer or
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19 cider to a county or counties located within the state, the ABLE
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20 Commission may grant an economic hardship exemption to an out-of-
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21 state beer distributor for a particular brewer and waive the at-rest
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22 requirement set forth in this section, upon a good-faith showing
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23 that:
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 1 1. It is economically infeasible or impractical for an in-state
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2 beer distributor for a particular brewer to deliver to the county or
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3 counties due to remoteness, or population, or both;
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4 2. No in-state beer distributor of a particular brewer or
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5 manufacturer objects to the waiver within thirty (30) forty-five
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6 (45) days of receiving written notice of the economic hardship
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7 application sent by the ABLE Commission; and
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8 3. The out-of-state beer distributor agrees to pay all
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9 necessary licensing fees and remit all applicable taxes to the State
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10 of Oklahoma.
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11 C. The economic hardship exemption provided for in subsection B
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12 of this section shall renew annually, provided that no in-state beer
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13 distributor for a particular brewer or manufacturer submits an
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14 executed distribution agreement to assume responsibility to
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15 distribute the beer in the subject county or counties at least sixty
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16 (60) thirty (30) days prior to the renewal date of the exemption.
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17 The in-state beer distributor who has executed a distribution
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18 agreement to assume responsibility to distribute beer in the subject
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19 territory shall compensate the out-of-state distributor the fair
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20 market value of the distribution rights of the territory as
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21 determined pursuant to Section 3-108 of this title.
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22 D. Provided, nothing in this section shall require an Oklahoma-
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23 licensed beer distributor with an Oklahoma designated territory on
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24 the effective date of this act October 1, 2018, to meet the hardship
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 1 provisions in subsections B and C of this section to continue to
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2 operate as a licensed Oklahoma beer distributor.
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3 SECTION 2. This act shall become effective November 1, 2024.
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5 59-2-9419 JL 01/12/24
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