SECTION 45:30-1-2. Definitions


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  •   The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
    "Adjusted Price" means percentage or individual item prices reported and registered by a Wine and Spirits Wholesaler on or before the 25th day of a posting month in response to a lower percentage reported and registered by a competitor Wine and Spirits Wholesaler on the 15th day of the month.
    "Brewer or Nonresident Seller" means a manufacturer or distributor of beer or brewed products and shall also include:
    (A)   A corporate subsidiary of any such brewer or nonresident seller who markets his products solely through a subsidiary or subsidiaries; and
    (B)   A distributor of beer or brewed products manufactured or bottled in a foreign country.
    "Categories" means the four (4) common divisions in the systems of classification of alcoholic beverages other than beer, to wit: Spirits, Cordials and Specialties, Wines-Domestic, Wines-Imported, and the additional category of Decanter bottles, regardless of contents.
    "Beer Distributor" means an entity licensed to sell beer or brewed products to the holder of a Retail Spirit, Retail Beer, Beer and Wine, Mixed Beverage, Caterer or Special Event license.
    "Manufacturer or Nonresident Seller" means a manufacturer of alcoholic beverages other than beer and shall also include:
    (A)   A corporate subsidiary of any such manufacturer who markets his products solely through a subsidiary or subsidiaries; and
    (B)   A distributor of alcoholic beverages manufactured or bottled in a foreign country.
    "New Item" means an item not previously stocked, or a item newly priced with the Commission by the Wine and Spirits Wholesaler on or since his last price posting.
    "New Percentage" means a percentage reported and registered by the Wine and Spirits Wholesaler with the Commission on or before the 15th day of January, March, May, July, September and November whether such percentage be higher, lower or the same as the previous posting.
    "Percentage Markup" means a percentage of increase or decrease in relation to the Wine and Spirits Wholesaler laid-in-cost for all items in each category. The percentage does not have to be the same for all categories, but in the original posting the percentage shall be the same for all items in the same category.
    "Wine and Spirits Wholesaler" means an individual or partnership licensed to sell alcoholic beverages to the holder of a Retail Spirit, Retail Wine, Beer and Wine, Mixed Beverage, Caterer or Special Event license.
    "Wholesaler Laid-In-Cost" means the current posted Nonresident Seller F.O.B. price to which shall be added State and Federal Taxes on alcoholic beverages not including beer plus any miscellaneous charges added by the Nonresident Sellers.
[Source: Amended at 23 Ok Reg 882, eff 5-11-06; Amended at 35 Ok Reg 833, eff 10-1-18]