SECTION 45:10-3-15. Returning merchandise delivered in error

  A Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, Winemaker Self-Distributor, or employee shall not be deemed to have violated Section 3-119(5) of Title 37A of the Oklahoma Statutes in instances where, through mistake, inadvertence, or oversight, such Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, Winemaker Self-Distributor delivers to a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special Event licensee in good faith, alcoholic beverage other than that which was ordered by the Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special Event licensee. Such mistake or oversight must be called to the attention of the Wine and Spirits Wholesaler by the Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer, or Special Event licensee within a five (5) day period from the date the merchandise was received by the Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special Event licensee. The Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor will immediately, upon being notified by the licensee, initiate action within within a reasonable time to correct the error. All invoices and records will be corrected to indicate the adjustment or replacement action taken. PROVIDED, a Wine and Spirits Wholesaler shall be prohibited from refunding, replacing, returning, or otherwise accepting product from a licensee that suffered damage at the retail licensee's location after delivery. PROVIDED FURTHER, retail licensees are prohibited from requesting or requiring the Wine and Spirits Wholesaler to remove such damaged product as a condition of continued business with the retail licensee.

[Source: Amended at 35 Ok Reg 801, eff 10-1-18]