SECTION 710:20-5-7. Records requirements

(a)   Required records. Every mixed beverage tax permit holder shall keep and maintain, for a period of at least three (3) years, records and information on all alcoholic beverages purchased or received, and sold or otherwise disposed of, as follows:

(1)   copies of all invoices of purchases or receipts of alcoholic beverages;

(2)   all cash register records and receipts;

(3)   copies of all lists of prices charged for the sale, preparation or service of alcoholic beverages by brand name or category or type of mixed alcoholic beverage;

(4)   dates of changes, either increase or decrease, in any price for any sale, preparation or service of any mixed beverage;

(5)   dates of additions and deletions of items from the price list of mixed beverages; and

(6)   records of daily admissions and admission charges. [See:37A O.S. §§ 5-105 and 5-120; 710:20-5-5]

(b)   Complimentary or discounted sales. The records shall distinctly identify any complimentary or discounted sale, preparation or service of mixed beverages separate and apart from sales of mixed beverages at the normal, listed price, as well as any other sales, such as food items. [See:37A O.S. §§ 5-120 and 5-126]

(c)   Records required for complimentary or discounted sales. Because the gross receipts tax is to be calculated upon the retail value of mixed beverages sold at total retail value, or total retail value of complimentary or discounted drinks, and charges for admission to the establishment which entitle a person to complimentary mixed beverages or discounted prices for mixed beverages, daily sales and admission records are required. [See: 37A O.S. § 5-105]

(d)   Records required from wholesalers. The licensed wholesaler shall keep and maintain, for a period of at least three (3) years, copies of all invoices, manifests, bills of lading or similar types of documents as records and information on all alcoholic beverages imported, purchased, received, manufactured, produced, sold, delivered or otherwise transferred to a mixed beverage tax permit holder. Each licensed wholesaler shall be required to maintain the records required by 37A O.S. § 5-105, segregated by license number. [See: 37A O.S. § 5-126]

(e)   Failure to keep required records; hearing to suspend/revoke license; penalties. Failure to keep and maintain the records described in this Section shall make the mixed beverage permit holder subject to a hearing before the Commission to show cause why his permit should not be suspended or revoked and why he should not be required to pay over to the State the one percent (1%) of the tax previously retained as remuneration for establishing and maintaining the records required by this Section for the period for which no records were kept. Upon each finding that a mixed beverage permit holder has failed to comply with the recordkeeping requirements of this Section, the Tax Commission may revoke or suspend the permit and require the repayment of the taxes previously retained for keeping and maintaining records for the period during which no records were found to have been kept. A mixed beverage tax permit shall be renewed upon finding that the permit holder is in compliance with the recordkeeping requirements of this Section. [See:37A O.S. § 5-107 and 5-136]

[Source: Amended at 10 Ok Reg 3831, eff 7-12-93; Amended at 15 Ok Reg 2800, eff 6-25-98; Amended at 35 Ok Reg 2044, eff 10-1-18]