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An Act
ENROLLED SENATE
BILL NO. 592 By: Reinhardt of the Senate
and
Moore of the House
An Act relating to alcoholic beverages; amending 37A
O.S. 2021, Section 3-115, which relates to withdrawal
of beer from retailer’s stock; allowing certain
distributors to issue certain credit to certain
retailer for certain removal of beer or cider;
establishing certain requirements for certain credit
to be made; limiting certain number of credits in
calendar year; limiting certain amount of each
credit; prohibiting certain credit from being a
refund; prohibiting certain credit from being
considered consignment; 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 sale of alcoholic beverages to
wholesalers, beer distributors, or retailers;
excluding certain licensees from certain inducement
provisions; excluding certain actions from being
deemed an inducement or discriminatory action in
certain situations; construing certain provisions;
allowing certain licensee to request certain
advertising from certain manufacturer; prohibiting
certain entities from reimbursing certain licensees;
defining term; updating statutory language; and
providing an effective date.
SUBJECT: Alcoholic beverage retailers
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 3-115, is
amended to read as follows:
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Section 3-115. A. To assure and control quality, a beer
distributor or a holder of a small brewer self-distribution license
or brewpub self-distribution license, at the time of a regular
delivery, may withdraw with the permission of the retailer, a
quantity of beer or cider in undamaged original packaging from the
retailer’s stock if:
1. The beer distributor or holder of a small brewer self-
distribution license or brewpub self-distribution license replaces
the stock with beer or cider of equivalent value brands, quantities,
packaging and alcohol by volume as the beer or cider withdrawn; or
2. The stock is withdrawn before the date, or immediately after
the date, considered by the brewer of the product to be the date the
product becomes inappropriate for sale to a consumer.
B. The provisions of this section shall not apply to beer or
cider that:
1. Has suffered damage at the retail licensee’s location,
regardless of the date upon which the product becomes inappropriate
for sale to a consumer. Beer distributors, small brewer self-
distributors and brewpub self-distributors are prohibited from
giving a refund for or replacing beer or cider that was damaged
while in the possession of the retail licensee. Retail licensees
are prohibited from requesting or requiring the beer distributor,
small brewer self-distributor and brewpub self-distributor to remove
such damaged product as a condition of continued business with the
retail licensee; or
2. Has a date for recommended use that expired prior to October
1, 2018. Retail licensees and brewers are prohibited from
requesting or requiring the beer distributor, small brewer self-
distributor and brewpub self-distributor to remove such expired beer
or cider as a condition of continued business with the retail
licensee or brewer.
C. Notwithstanding the provisions of this section, a beer
distributor, small brewer self-distributor, or brewpub self-
distributor may issue a credit to a retailer for beer or cider
removed from the retailer’s premises pursuant to subsection A of
ENR. S. B. NO. 592 Page 3
this section if the distributor has previously made two quality
control replacements to the same retailer for the same brand,
packaging, and alcohol by volume for the beer or cider within one
(1) calendar year. The credit shall:
1. Only be given once per calendar year per retailer;
2. Be limited to a total of four cases of beer or cider;
3. Not be a refund and may only be applied to future beer or
cider purchases; and
4. Not be considered a consignment sale or an unlawful
inducement, rebate, or thing of value.
D. A consignment sale of beer is shall not be authorized under
this section.
SECTION 2. 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 Alcoholic Beverage Laws Enforcement (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 value;
provided, the posting or invoicing of charges per order for
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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”.
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
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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, beer
distributor, small brewer self-distributor 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;
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;
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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;
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
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
ENR. S. B. NO. 592 Page 8
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
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, beer
distributor, small brewer self-distributor or, brewpub self-
distributor, manufacturer, nonresident seller, or a wine and spirits
wholesaler to engage in the following marketing activities, provided
that the brewer, beer distributor, small brewer self-distributor or,
brewpub self-distributor, manufacturer, nonresident seller, or a
wine and spirits wholesaler shall not pay the retailer’s travel
costs other than those for local transportation or lodging:
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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, manufacturer, nonresident seller, or a wine and spirits
wholesaler attends the event with the retailer;
2. Provide food and beverage to a retailer for immediate
consumption:
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,
manufacturer, nonresident seller, or a wine and
spirits wholesaler 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
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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:
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, manufacturer, nonresident seller, or
a wine and spirits wholesaler 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 manufacturer, nonresident seller, or wine and spirits
wholesaler 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 defined and in compliance with the
provisions of 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 set forth in the provisions of 27 C.F.R., Section
6.83;
3. Build product displays, accessible to the customer for the
product being delivered by the wine and spirits wholesaler;
4. Furnish or give newspaper cuts, mats, or engraved blocks for
use in retailers’ advertisement;
5. Package and distribute wine and spirits in combination with
other nonalcoholic items for sale to consumers;
6. Give or sponsor educational seminars for employees of
retailers either at the wine and spirits wholesaler’s premises or at
ENR. S. B. NO. 592 Page 11
the retailer’s establishment, including seminars dealing with use of
a retailer’s equipment, training seminars for employees of
retailers, or tours of the manufacturer’s, nonresident seller’s, or
wine and spirits wholesaler’s premises provided that the
manufacturer, nonresident seller, or wine and spirits wholesaler
shall not pay the retailer for the employee’s travel, lodging, or
other expenses in conjunction with such seminar or tour. Such
manufacturer, nonresident seller, or wine and spirits wholesaler may
provide nominal hospitality during such seminar or tour;
7. Conduct tasting or sampling activities at a retail
establishment and purchase from the retailer the products to be used
so long as the price paid does not exceed the ordinary retail price.
A wine and spirits wholesaler shall not be required to provide labor
for such tasting or sampling activities;
8. Offer contest prizes, premium offers, refunds, and like
items directly to consumers so long as officers, employees, and
representatives of manufacturers, nonresident sellers, wine and
spirits wholesalers, and licensed retailers are excluded from
participation; and
9. List the names and addresses of two or more unaffiliated
retailers selling the products of a manufacturer, nonresident
seller, or wine and spirits wholesaler in an advertisement of such
entity so long as such advertisement is in compliance with the
provisions of 27 C.F.R., Section 6.98 and shall consider applicable
guidance issued by the United States Department of the Treasury
Alcohol and Tobacco Tax and Trade Bureau.
H. 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.
I. Nothing in the Oklahoma Alcoholic Beverage Control Act shall
prohibit a retail, mixed beverage, on-premises beer and wine, public
event, charitable auction, charitable alcoholic beverage event, or
complimentary beverage licensee from communicating with a
ENR. S. B. NO. 592 Page 12
manufacturer, nonresident seller, or wine and spirits wholesaler on
social media or from sharing media on the social media page or site
of a manufacturer, nonresident seller, or wine and spirits
wholesaler. A licensee may request free social media advertising
from a manufacturer, nonresident seller, or wine and spirits
wholesaler. Nothing in this subsection shall prohibit a
manufacturer, nonresident seller, or wine and spirits wholesaler
from sharing, reposting, or forwarding a social media post by a
licensee as long as such social media post does not contain the
retail price of any alcoholic beverage. No manufacturer,
nonresident seller, or wine and spirits wholesaler shall pay or
reimburse a licensee for any social media advertising services and
no licensee shall accept any such payment. For purposes of this
subsection, “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.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________