SECTION 45:10-3-18. Notice of dishonored check

(a)   Whenever a licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor shall receive from the holder of a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage or Caterer's license a check in payment of alcoholic beverages purchased, which check is returned dishonored, and not thereafter paid as required by 45:10-3-17 within three (3) business days after notice of dishonor, said licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor shall, immediately following the close of the third business day after receipt of the notice of dishonor, notify the Commission in writing of such fact and shall furnish in duplicate the following information to the Commission:

(1)   Name, address and license number of the licensee issuing the check.

(2)   The date and amount of said check.

(3)   Copy of invoice or invoices for which said check was given in payment.

(4)   The name and address of the bank upon which said check was drawn.

(5)   The name and address of the bank in which said check was deposited by the licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor.

(6)   The dates upon which said check was deposited and returned.

(7)   A statement that demand for payment of the dishonored check has been made upon the issuing licensee, and that the dishonored check has not been paid within three (3) business days.

(b)   If any licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor shall fail, neglect or refuse to notify the Commission or furnish information required by this rule, or shall, having knowledge that a licensee is prohibitted from purchasing alcoholic beverages, accept the personal or business check of such licensee in return for alcoholic beverages during such probationary period, such acceptance, failure, neglect or refusal shall be deemed an extension of credit from said Wine and Spirits wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor to the said Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, mixed beverage or caterer licensee and a violation of Section 3-119 of Title 37A of the Oklahoma Statutes.

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