SECTION 45:30-3-9. Wine and Spirits Wholesaler's warehouses

  Every licensed Wine and Spirits Wholesaler of alcoholic beverages shall provide at his own expense warehouses, to be situated on and to constitute a part of his premises. Said warehouses shall be used solely and exclusively for the purpose of storage of alcoholic beverages and shall be separate and apart from any and all other business or businesses operated in any such building wherein such warehouse is located. In order to comply with Sections 3-123 and 5-115 of Title 37A of the Oklahoma Statutes, to avoid direct or indirect discrimination in price or services, all Wine and Spirits Wholesalers licensed to import and sell within this State, spirits and wines, shall comply with the following:

(1)   All wholesale warehouses must be open for business each day beginning Monday and extending through Friday of each week, except on election days and legal holidays, and shall open not later than 10:00 a.m. and remain open until 5:00 p.m. on each of the above days.

(A)   Continuous telephone service must be maintained during business hours.

(B)   Some properly licensed person authorized to take orders from retailers must be on duty during said hours.

(2)   Entries of all orders received by licensed Wine and Spirits Wholesalers, their agents or employees, shall be posted in a permanently bound record book showing the time, date, type, brand and quantity of such order, in sequence, and shall be sold in the sequence that such orders are received by the Wine and Spirits Wholesaler, except when being sold on an approved rationed basis.

(A)   All orders received during the business day shall be posted before the closing of business that same day.

(B)   All orders received shall be invoiced at the price in effect on the business day of delivery.

(3)   A Wine and Spirits Wholesaler may be permitted to sell any size, type and brand of spirits or wines on a limited or rationed basis due to a rationed plan approved by the Commission or Director of a Manufacturer or Nonresident Seller of any item or items; or upon withdrawal of a particular item or items from the State by a Manufacturer or Nonresident Seller; or if a Wine and Spirits Wholesaler desired to discontinue keeping or stocking a particular brand on hand; but such a rationed system may not be used unless and until an equitable ration plan has been submitted by the Wine and Spirits Wholesaler and approved by the Commission or Director. The approval or disapproval of such plan shall be made within five (5) days and the licensee submitting such plan shall be immediately notified of the decision.

(4)   All orders of one or more cases placed by a licensed Retailer with a licensed Wine and Spirits Wholesaler shall, if in short supply, be ordered by the Wine and Spirits Wholesaler from the Manufacturer or Nonresident Seller of such item or items within two (2) business days from receipt of the order and shall be delivered to the Retailer ordering the same within five (5) days from the date such merchandise is received in the Wine and Spirits Wholesaler's warehouse.

[Source: Amended at 35 Ok Reg 833, eff 10-1-18]