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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3669 By: Dempsey
AS INTRODUCED
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 2-101, as last amended by Section
3, Chapter 190, O.S.L. 2025 (37A O.S. Supp. 2025,
Section 2-101), which relates to annual license fees;
modifying fee amount for distiller license; amending
37A O.S. 2021, Section 2-103, as amended by Section
5, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 2-103), which relates to distiller licenses;
allowing a distiller licensee to sell and serve
spirits at multiple non-adjacent premises within the
state; permitting a distiller licensee to give
samples at certain public events; removing the
requirement for a distiller licensee to ship spirits
to a wholesaler before being purchased by a distiller
licensee; removing production limits; allowing a
distiller licensee to offer for sale non-alcoholic
substances and to add those to spirits; providing
that under certain circumstances spirits mixed with
non-alcoholic substances by a distiller licensee
shall not be considered a cocktail; amending 37A O.S.
2021, Section 2-107, is amended to read as follows:
Section 2-107, which relates to wine and spirits
wholesaler license; removing the requirement to
receive and unload spirits in certain circumstances;
limiting sale price to a distillery licensee in
certain instances; amending 37A O.S. 2021, Section 3-
123, as amended by Section 3, Chapter 94, O.S.L. 2023
(37A O.S. Supp. 2025, Section 3-123), which relates
to inducements; providing when certain actions of a
distiller licensee is not considered an inducement;
amending 37A O.S. 2021, Section 5-132, as last
amended by Section 3, Chapter 90, O.S.L. 2024 (37A
O.S. Supp. 2025, Section 5-132), which relates to
brand labeling; exempting spirits manufactured in the
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state from brand labeling registration fees; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 2-101, as
last amended by Section 3, Chapter 190, O.S.L. 2025 (37A O.S. Supp.
2025, Section 2-101), is amended to read as follows:
Section 2-101. A. Except as otherwise provided in this
section, the licenses issued by the ABLE Commission, and the annual
fees therefor, shall be as follows:
1. Brewer License.................................. $1,250.00
2. Small Brewer License.............................. $125.00
3. Distiller License..................... $3,125.00 $1,250.00
4. Winemaker License................................. $625.00
5. Small Farm Winery License.......................... $75.00
6. Rectifier License............................... $3,125.00
7. Wine and Spirits Wholesaler License............. $3,000.00
8. Beer Distributor License.......................... $750.00
9. The following retail spirits license fees
shall be determined by the latest Federal
Decennial Census:
a. Retail Spirits License for cities and
towns from 200 to 2,500 population.......... $305.00
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b. Retail Spirits License for cities and
towns from 2,501 to 5,000 population........ $605.00
c. Retail Spirits License for cities and
towns over 5,000 population................. $905.00
10. Retail Wine License............................ $1,000.00
11. Retail Beer License.............................. $500.00
12. Mixed Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
13. Mixed Beverage/Caterer Combination License..... $1,250.00
14. On-Premises Beer and Wine License................ $500.00
(initial license)
$450.00
(renewal)
15. Bottle Club License............................ $1,000.00
(initial license)
$900.00
(renewal)
16. Caterer License................................ $1,005.00
(initial license)
$905.00
(renewal)
17. Annual Special Event License...................... $55.00
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18. Quarterly Special Event License................... $55.00
19. Hotel Beverage License......................... $1,005.00
(initial license)
$905.00
(renewal)
20. Airline/Railroad/Commercial Passenger Vessel Beverage
License........................................ $1,005.00
(initial license)
$905.00
(renewal)
21. Agent License..................................... $55.00
22. Employee License.................................. $30.00
23. Industrial License................................ $23.00
24. Carrier License................................... $23.00
25. Private Carrier License........................... $23.00
26. Bonded Warehouse License......................... $190.00
27. Storage License................................... $23.00
28. Nonresident Seller License ...................... $750.00
29. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year........................... $50.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year........................... $75.00
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c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $150.00
30. Manufacturer's Agent License...................... $55.00
31. Sacramental Wine Supplier License................ $100.00
32. Charitable Auction License......................... $1.00
33. Charitable Alcoholic Beverage License............. $55.00
34. Winemaker Self-Distribution License:
a. produced ten thousand (10,000) gallons
or less in last calendar year............... $350.00
b. produced more than ten thousand
(10,000) gallons but no more than
fifteen thousand (15,000) gallons in
last calendar year.......................... $750.00
35. Annual Public Event License.................... $1,005.00
36. One-Time Public Event License.................... $255.00
37. Small Brewer Self-Distribution License:
a. produced fifteen thousand (15,000)
barrels or less in last calendar year....... $350.00
b. produced more than fifteen thousand
(15,000) barrels in last calendar year...... $750.00
38. Brewpub License................................ $1,005.00
39. Brewpub Self-Distribution License................ $750.00
40. Complimentary Beverage License.................... $75.00
41. Satellite Tasting Room License................... $100.00
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42. Event Bartender License........................... $50.00
B. 1. There shall be added to the initial or renewal fees for
a mixed beverage license an administrative fee, which shall not be
deemed to be a license fee, in the amount of Five Hundred Dollars
($500.00), which shall be paid at the same time and in the same
manner as the license fees prescribed by paragraph 12 of subsection
A of this section; provided, this fee shall not be assessed against
service organizations or fraternal beneficiary societies which are
exempt under Section 501(c)(19), (8) or (10) of the Internal Revenue
Code.
2. There shall be added to the fee for a mixed beverage/caterer
combination license an administrative fee, which shall not be deemed
to be a license fee, in the amount of Two Hundred Fifty Dollars
($250.00), which shall be paid at the same time and in the same
manner as the license fee prescribed by paragraph 13 of subsection A
of this section.
C. Notwithstanding the provisions of subsection A of this
section:
1. The license fee for a mixed beverage or bottle club license
for those service organizations or fraternal beneficiary societies
which are exempt under Section 501(c)(19), (8) or (10) of the
Internal Revenue Code shall be Five Hundred Dollars ($500.00) per
year; and
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2. The renewal fee for an airline/railroad/commercial passenger
vessel beverage license held by a railroad described in 49 U.S.C.,
Section 24301, shall be One Hundred Dollars ($100.00).
D. An applicant may apply for and receive both an on-premises
beer and wine license and a caterer license.
E. All licenses, except as otherwise provided, shall be valid
for one (1) year from date of issuance unless revoked or
surrendered. Provided, all employee licenses shall be valid for two
(2) years.
F. The holder of a license, issued by the ABLE Commission, for
a bottle club located in a county of this state where the sale of
alcoholic beverages by the individual drink for on-premises
consumption has been authorized, may exchange the bottle club
license for a mixed beverage license or an on-premises beer and wine
license and operate the licensed premises as a mixed beverage
establishment or an on-premises beer and wine establishment subject
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
There shall be no additional fee for such exchange and the mixed
beverage license or on-premises beer and wine license issued shall
expire one (1) year from the date of issuance of the original bottle
club license.
G. In addition to the applicable licensing fee, the following
surcharge shall be assessed annually on the following licenses:
1. Nonresident Seller License...................... $2,500.00
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2. Manufacturer License:
a. 50 cases or less sold in Oklahoma in
last calendar year.......................... $100.00
b. 51 to 500 cases sold in Oklahoma in
last calendar year.......................... $225.00
c. 501 cases or more sold in Oklahoma in
last calendar year.......................... $450.00
3. Wine and Spirits Wholesaler License............. $2,500.00
4. Beer Distributor................................ $1,000.00
5. Retail Spirits License for cities and towns
over 5,000 population.......................... $250.00
6. Retail Spirits License for cities and towns
from 2,501 to 5,000 population................. $200.00
7. Retail Spirits License for cities and towns
from 200 to 2,500 population................... $150.00
8. Retail Wine License............................... $250.00
9. Retail Beer License............................... $250.00
10. Mixed Beverage License............................ $25.00
11. Mixed Beverage/Caterer Combination License........ $25.00
12. Caterer License................................... $25.00
13. On-Premises Beer and Wine License................. $25.00
14. Annual Public Event License....................... $25.00
15. Small Farm Winery License......................... $25.00
16. Small Brewer License.............................. $35.00
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17. Complimentary Beverage License.................... $25.00
The surcharge shall be paid concurrent with the licensee's
annual licensing fee and, in addition to Five Dollars ($5.00) of the
employee license fee, shall be deposited in the Alcoholic Beverage
Governance Revolving Fund established pursuant to Section 5-128 of
this title.
H. Any license issued by the ABLE Commission under this title
may be relied upon by other licensees as a valid license, and no
other licensee shall have any obligation to independently determine
the validity of such license or be held liable solely as a
consequence of another licensee's failure to maintain a valid
license.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 2-103, as
amended by Section 5, Chapter 338, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 2-103), is amended to read as follows:
Section 2-103. A. A distiller license shall authorize the
holder thereof:
1. To manufacture, bottle, package and store spirits on
licensed premises;
2. To sell spirits in this state to licensed wholesalers and
manufacturers only;
3. To sell spirits out of this state to qualified persons; to
purchase from licensed distillers and rectifiers in this state, and
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import spirits from without this state for manufacturing purposes in
accordance with federal laws and regulations;
4. To serve free samples of spirits produced only by the
licensee to visitors twenty-one (21) years of age and older. For
purposes of this section, no visitor may sample more than a total of
three (3) fluid ounces of spirits per day. The distiller shall
restrict the distribution and consumption of spirits samples to an
area within the licensed premises designated by the distiller. A
current floor plan that includes the designated sampling area shall
be on file with the ABLE Commission. No visitor under twenty-one
(21) years of age shall be permitted to enter the designated
sampling area when samples are being distributed and consumed.
Samples of spirits served by a distiller under this section shall
not be considered a sale of spirits within the meaning of Article
XXVIII-A of the Oklahoma Constitution or Section 1-103 of this
title; provided, such samples of spirits shall be considered removed
or withdrawn from the distillery for use or consumption within the
meaning of Section 5-110 of this title for excise tax determination
and reporting requirements;
5. To sell spirits produced by the licensee for either on-
premises or off-premises consumption to consumers on the licensed
distillery premises or in an area controlled by the licensee located
contiguous to the licensed distillery premises and at one (1)
location locations controlled by the licensee located in the same
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county state as the licensed distillery premises but not contiguous
to the licensed distillery premises. Spirits offered for sale by
the Oklahoma licensed distiller will have been sold to and shipped
to an Oklahoma licensed wine and spirits wholesaler and then made
available for purchase by the Oklahoma licensed distiller for sale;
and
6. To sell and provide sample spirits at public events such as
trade shows or festivals. Products offered for sale by the Oklahoma
licensed distiller will have been sold to and shipped to an Oklahoma
licensed wine and spirits wholesaler and then made available for
purchase by the Oklahoma licensed distiller. Spirits offered for on
premise consumption shall be in an area controlled by the distillery
and shall be considered the distillery premises.
B. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall not exceed fifteen thousand (15,000) gallons
per calendar year in combination.
C. Spirits sold pursuant to paragraphs 5 and 6 of subsection A
of this section shall be a final sale. Licensed distillers may
offer for sale non-alcoholic substances which may be added to
spirits by the consumer after final sale. Substances used for on-
premises consumption shall be non-alcoholic in nature and shall not
be considered part of the manufacturing process. Spirits mixed with
non-alcoholic substances or spirits produced by the distiller and
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sold through an Oklahoma distributor shall not be considered a
"Cocktail" pursuant to Sections 1-103 and 7-102 of this title.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-107, is
amended to read as follows:
Section 2-107. A. A wine and spirits wholesaler license shall
authorize the holder thereof:
1. To purchase and import into this state spirits and wines
from persons authorized to sell same who are the holders of a
manufacturer or nonresident seller license, and their agents who are
the holders of manufacturer's agent licenses;
2. To purchase spirits and wines from licensed distillers,
rectifiers and winemakers in this state;
3. To purchase spirits and wines from licensed wholesalers, to
the extent set forth in subsections B and C of this section;
4. To sell in retail containers in this state to retailers,
mixed beverage, caterer, special event, public event, hotel beverage
or airline/railroad beverage licensees, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale;
5. To sell to licensed wholesalers, to the extent set forth in
subsections B and C of this section, spirits and wines which have
been received and unloaded at the bonded warehouse facilities of the
wholesaler before such sale;
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6. To sell spirits and wines out of this state to qualified
persons; and
7. To sell to licensed distillers spirits that were
manufactured by that distiller and which have been received and
unloaded at a bonded warehouse facility of a wholesaler before such
sale.
8. To sell to Oklahoma licensed distillers spirits that were
manufactured by that Oklahoma licensed distiller on a price not to
exceed twelve percent (12%) markup above the FOB shipping price plus
state excise taxes.
Provided, however, sales of spirits and wine in containers with
a capacity of less than one-twentieth (1/20) gallon by a holder of a
wholesaler license shall be in full case lots and in the original
unbroken case. Wholesalers shall be authorized to place such signs
outside their place of business as are required by Acts of Congress
and by such laws and regulations promulgated under such Acts.
B. A wholesaler may sell spirits and wine to other wholesalers
or purchase spirits and wines from other wholesalers without
complying with subsection A of this section in the case of the sale,
purchase or other transfer or acquisition of the entire business of
a wholesaler including the inventory of spirits and wine.
C. A wholesaler license shall authorize the holder thereof to:
1. Maintain not more than three (3) self-owned or leased and
self-operated bonded warehouses within this state. All invoices
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shall be stored at the principal place of business for which the
wholesaler license was granted; and
2. Accept as payment cash, personal check, cashier's check,
money order or electronic fund transfer from persons licensed to
purchase alcoholic beverages; provided, a wholesaler shall not be
permitted to accept payment by credit card.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 3-123, as
amended by Section 3, Chapter 94, O.S.L. 2023 (37A O.S. Supp. 2025,
Section 3-123), is amended to read as follows:
Section 3-123. A. It shall be unlawful for any person
privileged to sell alcoholic beverages to wholesalers, beer
distributors or retailers:
1. To discriminate, directly or indirectly, in price between
one wine and spirits wholesaler and another wine and spirits
wholesaler, when that manufacturer has not designated a single wine
and spirits wholesaler, or between one retailer and another retailer
purchasing alcoholic beverages bearing the same brand or trade name
and of like age and quality, unless otherwise provided by law; or
2. To grant, directly or indirectly, any discount, rebate, free
goods, allowance or other inducement.
B. The ABLE Commission is hereby authorized to promulgate rules
which are necessary to carry out the purpose of this section and to
prevent its circumvention by offering or giving of any rebate,
allowance, free goods, discount or any other thing or service of
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value; provided, the posting or invoicing of charges per order for
processing minimum orders or per case for the handling or repacking
of goods by wine and spirits wholesalers and beer distributors for
sales in less than full case lots shall not constitute a violation
of this section.
C. For the violation of any provision of this section or of any
rule duly promulgated under this section, the ABLE Commission may
issue a written warning, fine, suspend or revoke a license as
follows:
1. For a first offense, a written warning which may be
accompanied by a fine not to exceed Five Thousand Dollars
($5,000.00);
2. For a second offense, not exceeding ten (10) days'
suspension of license; and
3. For a third offense, the ABLE Commission shall revoke the
license.
Provided, however, prior to suspending or revoking a license,
the ABLE Commission shall first provide written notice to a licensee
of the violation and a period of ninety (90) days following such
notice to cure or remedy such violation. For purposes of this
section, a "second offense" and "third offense" shall mean
violations that are related to or arising out of and occurring
within twelve (12) months of the "first offense".
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D. For purposes of this section, and except as otherwise
provided in subsection E of this section, "inducement" means
directly or indirectly offering, selling, trading, giving or
furnishing any discount, free goods, electronic or nonelectronic
refrigerated equipment, barrels, tubs, fixtures, dispensing
equipment, outdoor electric or nonelectric advertising structure
displaying the retailer's name, permanent shelving, supplies, gifts,
prizes, instantly redeemable coupons, premiums, retailer rebates,
services of any employee including but not limited to affixing price
labels or tags, routinely stocking product on shelves other than the
stocking of cold boxes, paying a third party for entering product
and price information into a retailer's computer system, portal,
website, spreadsheet or third-party system, handling product that
was not sold to the retailer by the licensee, paying a slotting fee,
selling on consignment, operating a retailer's cash register,
conducting janitorial services, providing decorations, samples of
alcoholic beverages, personal property or other inducement or thing
of value to any retail spirit, retail beer, retail wine, beer and
wine, mixed beverage, caterer, bottle club or special event
licensee, wine and spirits wholesaler or beer distributor, their
agents or employees.
E. It shall not be deemed an inducement for a brewer, Oklahoma
licensed distiller, beer distributor, small brewer self-distributor
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or brewpub self-distributor to voluntarily take the following
merchandising actions with the permission of the retail licensee:
1. Furnish point-of-sale advertising materials and consumer
advertising specialties, as those terms are defined in 27 C.F.R.,
Section 6.84 and in compliance with the other limits and
restrictions provided in 27 C.F.R., Section 6.84;
2. Give or sell product displays, including but not limited to
barrels and tubs, provided that the value of such displays does not
exceed the limits and restrictions provided in 27 C.F.R., Section
6.83;
3. Build product displays, accessible to the customer for the
product being delivered by the beer distributor;
4. Affix pricing to the shelf strip or product display for the
product being delivered by the beer distributor, small brewer self-
distributor or brewpub self-distributor, or brewed by the brewer;
5. Routinely stock and restock shelves and cold boxes and
rotate product that has been sold to the retail licensee by the beer
distributor, small brewer self-distributor or brewpub self-
distributor, or brewed by the brewer;
6. Periodically perform product resets, with permission of the
retail licensee, pursuant to a provided shelf plan or shelf
schematic;
7. Furnish things of value to a temporary retailer, as defined
in 27 C.F.R., Section 6.85;
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8. Sell equipment or supplies to a retail licensee, provided
the equipment or supplies are sold at a price not less than the cost
to the industry member and payment is collected within thirty (30)
days of the sale;
9. Install dispensing accessories at the retail location, as
long as the retailer bears the cost of installation including
equipment; or furnish, give or sell coil cleaning services to a
retailer;
10. Withdraw quantities of beer or cider in undamaged, original
packaging from the retail licensee's stock, provided the beer
distributor, small brewer self-distributor, brewpub self-distributor
or brewer sold such beer, directly or indirectly, to the retail
licensee and such removal is otherwise permitted under Section 3-115
of this title; provided, however, replacing with beer or cider of
equivalent value shall not be considered a consignment sale;
11. Provide mail-in rebates for beer, cider and nonalcoholic
beverage merchandise items, funded by the brewer and redeemed by the
brewer, either by itself or through a third-party fulfillment
company, for a discount or rebate on the beer, cider or nonalcoholic
item;
12. Provide a recommended shelf plan or shelf schematic to a
retail licensee for all or any portion of the inventory sold by the
retail licensee;
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13. Furnish or give a sample of beer or cider to a retailer who
has not purchased the brand from that brewer, beer distributor,
small brewer self-distributor or brewpub self-distributor within the
last twelve (12) months, provided that the brewer, beer distributor,
small brewer self-distributor or brewpub self-distributor may not
give more than thirty-six (36) ounces of any brand of beer or cider
to a specific retailer;
14. Furnish or give newspaper cuts, mats or engraved blocks for
use in retailers' advertisements;
15. Package and distribute beer or cider in combination with
other nonalcoholic items for sale to consumers;
16. Give or sponsor educational seminars for employees of
retailers either at the brewer, beer distributor, small brewer self-
distributor or brewpub self-distributor's premises or at the
retailer's establishment, including seminars dealing with use of a
retailer's equipment, training seminars for employees of retailers
or tours of the brewer, beer distributor, small brewer self-
distributor, or brewpub self-distributor's plant premises, provided
that the brewer, beer distributor, small brewer self-distributor or
brewpub self-distributor shall not pay the retailer for the
employees' travel, lodging or other expenses in conjunction with an
educational seminar but may provide nominal hospitality during the
event;
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17. Conduct tasting or sampling activities at a retail
establishment and purchase the products to be used from the retailer
so long as the purchase price paid does not exceed the ordinary
retail price; provided, a beer distributor shall not be required to
provide labor for such sampling activities;
18. Offer contest prizes, premium offers, refunds and like
items directly to consumers so long as officers, employees and
representatives of brewers, beer distributors, small brewer self-
distributors, brewpub self-distributors and licensed retailers are
excluded from participation;
19. List the names and addresses of two or more unaffiliated
retailers selling the products of a brewer, beer distributor, small
brewer, small brewer self-distributor or brewpub self-distributor in
an advertisement of such brewer, beer distributor, small brewer,
small brewer self-distributor or brewpub self-distributor so long as
the requirements of 27 C.F.R., Section 6.98 are satisfied,
considering applicable guidance issued by the United States
Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;
provided, nothing in the Oklahoma Alcoholic Beverage Control Act
shall prohibit a retail, mixed beverage, on-premises beer and wine,
public event, special event, charitable auction, charitable
alcoholic beverage event, or complimentary beverage licensee from
communicating with a brewer, beer distributor, small brewer, small
brewer self-distributor or brewpub self-distributor on social media
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or sharing media on the social media page or site of a brewer, beer
distributor, small brewer, small brewer self-distributor or brewpub
self-distributor. A retail, mixed beverage, on-premises beer and
wine, public event, special event, charitable auction, charitable
alcoholic beverage event, or complimentary beverage licensee may
request free social media advertising from a brewer, beer
distributor, small brewer, small brewer self-distributor or brewpub
self-distributor; provided, nothing in this section shall prohibit a
brewer, beer distributor, small brewer, small brewer self-
distributor or brewpub self-distributor from sharing, reposting or
forwarding a social media post by a retail, mixed beverage, on-
premises beer and wine, public event, special event, charitable
auction, charitable alcoholic beverage event, or complimentary
beverage licensee, as long as the sharing, reposting or forwarding
of the social media post does not contain the retail price of any
alcoholic beverage. No brewer, beer distributor, small brewer,
small brewer self-distributor or brewpub self-distributor shall pay
or reimburse a retail, mixed beverage, on-premises beer and wine,
public event, special event, charitable auction, charitable
alcoholic beverage event, or complimentary beverage licensee,
directly or indirectly, for any social media advertising services.
No retail, mixed beverage, on-premises beer and wine, public event,
special event, charitable auction, charitable alcoholic beverage
event, or complimentary beverage licensee shall accept any payment
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or reimbursement, directly or indirectly, for any social media
advertising service offered by a brewer, beer distributor, small
brewer, small brewer self-distributor or brewpub self-distributor.
For purposes of this paragraph, "social media" means a service,
platform or site where users communicate with one another and share
media, such as pictures, videos, music and blogs, with other users
free of charge; or
20. Entering product and price information into a retailer's
portal, website, spreadsheet or third-party system. A brewer may
pay for a third-party system that provides data and pricing services
to the brewer or a beer distributor.
F. It shall not be deemed an inducement for a brewer, Oklahoma
licensed distiller, beer distributor, small brewer self-distributor
or brewpub self-distributor to engage in the following marketing
activities, provided that the brewer, beer distributor, small brewer
self-distributor or brewpub self-distributor shall not pay the
retailer's travel costs other than those for local transportation or
lodging:
1. Provide tickets to a retailer for a sporting or
entertainment event so long as a representative of the brewer, beer
distributor, small brewer self-distributor or brewpub self-
distributor attends the event with the retailer;
2. Provide food and beverage to a retailer for immediate
consumption:
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a. at a meeting at which the primary purpose is the
discussion of business,
b. at a convention when the food and beverages are
offered to all participants, or
c. at a sports or entertainment event that the
representatives of a brewer, beer distributor, small
brewer self-distributor or brewpub self-distributor
attend with the retailer;
3. Participate in retailer association activities by engaging
in the following actions:
a. displaying products at a convention or trade show,
b. renting display booth space if the rental fee is the
same as paid by all exhibitors at the event,
c. providing its own hospitality which is independent
from association-sponsored activities,
d. purchasing tickets to functions and paying
registration fees if the payments or fees are the same
as paid by all attendees, participants or exhibitors
at the event, or
e. making payments for advertisements in programs or
brochures issued by retailer associations at a
convention or trade show; or
4. Giving or selling outdoor signs to a retailer so long as the
following requirements of 27 C.F.R., Section 6.102 are satisfied:
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a. the sign bears conspicuous and substantial advertising
matter about the product or the brewer, beer
distributor, small brewer self-distributor or brewpub
self-distributor which is permanently inscribed or
securely affixed,
b. the retailer is not compensated, directly or
indirectly, such as through a sign company, for
displaying the signs, and
c. a permanent outdoor sign does not contain the
retailer's name.
G. It shall not be deemed an inducement or a discriminatory
action for a brewer, beer distributor, small brewer self-
distributor, brewpub self-distributor, or a wine and spirits
wholesaler to establish individualized servicing and delivery
schedules for its retailers based on each retailer's actual needs,
including, without limitation, on the basis of the retailer's sales
volume.
SECTION 5. AMENDATORY 37A O.S. 2021, Section 5-132, as
last amended by Section 3, Chapter 90, O.S.L. 2024 (37A O.S. Supp.
2025, Section 5-132), is amended to read as follows:
Section 5-132. A. Except as provided in subsection D of this
section, no alcoholic beverage shall be labeled, offered or
advertised for sale in this state unless in accordance with rules
promulgated pursuant to the provisions of Section 5-130 of this
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title and unless the brand label shall have been registered with and
approved by the ABLE Commission and the appropriate fee paid as
provided for in this section.
B. An application for registration of a brand label shall be
filed by and fees paid by the manufacturer or brewer, winemaker,
distiller or nonresident seller of the brand. Licensees, other than
the foregoing applicants, shall not be required to verify
registration to the ABLE Commission and shall not be penalized for
any applicant's failure to register its brand label in accordance
with this section. Cordials and wines which differ only as to age
or vintage year, as defined by such rules, shall be considered the
same brand, and those that differ as to type or class may be
considered the same brand by the ABLE Commission where consistent
with the purposes of this section.
C. The application for registration of a brand label shall be
filed on a form prescribed by the ABLE Commission, and shall contain
such information as the ABLE Commission shall require. Such
application shall be accompanied by a certified check, bank
officers' check or draft or money order in the amount of the annual
registration fee, or the properly prorated portion thereof
prescribed by this section.
D. 1. The annual fee for registration of any brand label for
spirits shall be Three Hundred Seventy-five Dollars ($375.00),
unless total amount of spirits made available for sale in a single
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year does not exceed fifty-three (53) gallons, in which case the
annual fee for registration of any brand label shall be Seventy-five
Dollars ($75.00). The annual fee for registration of any brand
label for beer shall be Two Hundred Dollars ($200.00). The annual
fee for registration of any brand label for wine made in the United
States, or for registration of any category of imported wine as
defined by the Oklahoma Tax Commission, shall be Two Hundred Dollars
($200.00). Beer and spirits manufactured in this state shall be
exempt from brand label registration fees.
2. Each brand label registered and approved pursuant to this
section shall be valid for a term of up to one (1) year, expiring on
the June 30 next following registration, and may be renewed for
subsequent terms of one (1) year beginning on the July 1 following
the initial registration. Brand registration fees for labels
registered after July 1 may be prorated through the following June
30 on a quarterly basis. The brand registration fee shall not be
transferable, unless otherwise allowed by law. A nonresident seller
who registered brands prior to May 7, 2019, may transfer brand
registrations to the brewer or manufacturer that produces those
brands, provided the brewer or manufacturer has obtained a license,
at no expense to the nonresident seller, brewer or manufacturer.
E. If the ABLE Commission shall deny the application for
registration of a brand label, it shall return the registration fee
to the applicant, less twenty-five percent (25%) of such fee.
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F. The ABLE Commission may at any time exempt any discontinued
brand from fee provisions of this section where a manufacturer,
brewer, beer distributor or wholesaler has an inventory of one
hundred cases or less of liquor or wine and five hundred cases or
less of beer, and certifies to the ABLE Commission in writing that
such brand is being discontinued.
G. No private labels or control labels shall be approved for
sale in this state, except for charity collaboration beer as
authorized in Section 2-102.1 of this title.
SECTION 6. This act shall become effective November 1, 2026.
60-2-15446 JL 12/15/25