SB 950 — Alcoholic beverages; prohibiting alcoholic beverages from being sold for less than a certain amount. Effective date.

STATESENATE OFFLOOR OKLAHOMAVERSION 1stMarch Session6, of2025 the3 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR SENATE BILL 950NO. By:

Rosino950 andBy: Murdock 6 8 COMMITTEE SUBSTITUTE An Act relating to alcoholic beverages;

amendingRosino 37Aand O.S.Murdock 6 [ alcoholic beverages - retail sales - effective date ] 9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

2021, Sections 3-118 and 3-123, as amended by Section 3, Chapter 94, O.S.L.

2023 (37A O.S.

Supp.

2024, Section 3-123), which relates to retail sales of alcoholic beverages and the sale of alcoholic beverages to wholesalers, beer distributors, or retailers;

prohibiting alcoholic beverages from being sold for less than a certain amount;

updating statutory language;

and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Req.1.

No.

1749 Page 1 1.

SENATE FLOOR VERSION - SB950 SFLR Page 1 (Bold face denotes Committee Amendments) 5.

To discriminate, directly or indirectly, in price between one wine and spirits wholesaler and another wine and spirits wholesaler, when that manufacturer has not designated a single wine and spirits wholesaler, or between one retailer and another retailer Req.purchasing alcoholic beverages bearing the same brand or trade name and of like age and quality, unless otherwise provided by law;

No.

1749 Page 2 purchasing alcoholic beverages bearing the same brand or trade name and of like age and quality, unless otherwise provided by law;

The ABLE Alcoholic Beverage Laws Enforcement (ABLE) Commission is hereby authorized to promulgate rules which are necessary to carry out the purpose of this section and to prevent its circumvention by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of SENATE FLOOR VERSION - SB950 SFLR Page 2 (Bold face denotes Committee Amendments) value;

and Req.3.

No.

1749 Page 3 3.

SENATE FLOOR VERSION - SB950 SFLR Page 3 (Bold face denotes Committee Amendments) D.

For purposes of this section, and except as otherwise provided in subsection E of this section, “inducement” means directly or indirectly offering, selling, trading, giving or furnishing any discount, free goods, electronic or nonelectronic refrigerated equipment, barrels, tubs, fixtures, dispensing equipment, outdoor electric or nonelectric advertising structure displaying the retailer’s name, permanent shelving, supplies, gifts, prizes, instantly redeemable coupons, premiums, retailer rebates, services of any employee including, but not limited to, affixing price labels or tags, routinely stocking product on shelves other than the stocking of cold boxes, paying a third party for entering product and price information into a retailer’s computer system, portal, website, spreadsheet or third-party system, handling product that was not sold to the retailer by the licensee, paying a slotting fee, selling on consignment, operating a retailer’s cash register, Req.conducting janitorial services, providing decorations, samples of alcoholic beverages, personal property or other inducement or thing of value to any retail spirit, retail beer, retail wine, beer and wine, mixed beverage, caterer, bottle club or special event licensee, wine and spirits wholesaler or beer distributor, their agents or employees.

No.

1749 Page 4 conducting janitorial services, providing decorations, samples of alcoholic beverages, personal property or other inducement or thing of value to any retail spirit, retail beer, retail wine, beer and wine, mixed beverage, caterer, bottle club or special event licensee, wine and spirits wholesaler or beer distributor, their agents or employees.

It shall not be deemed an inducement for a brewer, beer distributor, small brewer self-distributor or brewpub self- SENATE FLOOR VERSION - SB950 SFLR Page 4 (Bold face denotes Committee Amendments) distributor to voluntarily take the following merchandising actions with the permission of the retail licensee:

Req.5.

No.

1749 Page 5 5.

SENATE FLOOR VERSION - SB950 SFLR Page 5 (Bold face denotes Committee Amendments) 8.

Req.11.

No.

1749 Page 6 11.

SENATE FLOOR VERSION - SB950 SFLR Page 6 (Bold face denotes Committee Amendments) 13.

Give or sponsor educational seminars for employees of retailers either at the brewer, beer distributor, small brewer self- distributor or brewpub self-distributor’s premises or at the retailer’s establishment, including seminars dealing with use of a retailer’s equipment, training seminars for employees of retailers Req.or tours of the brewer, beer distributor, small brewer self- distributor, or brewpub self-distributor’s plant premises, provided that the brewer, beer distributor, small brewer self-distributor or brewpub self-distributor shall not pay the retailer for the employees’ travel, lodging or other expenses in conjunction with an educational seminar but may provide nominal hospitality during the event;

No.SENATE FLOOR VERSION - SB950 SFLR Page 7 (Bold face denotes Committee Amendments) 17.

1749 Page 7 or tours of the brewer, beer distributor, small brewer self- distributor, or brewpub self-distributor’s plant premises, provided that the brewer, beer distributor, small brewer self-distributor or brewpub self-distributor shall not pay the retailer for the employees’ travel, lodging or other expenses in conjunction with an educational seminar but may provide nominal hospitality during the event;

17.

List the names and addresses of two or more unaffiliated retailers selling the products of a brewer, beer distributor, small brewer, small brewer self-distributor or brewpub self-distributor in an advertisement of such brewer, beer distributor, small brewer, small brewer self-distributor or brewpub self-distributor so long as the requirements of 27 C.F.R., Section 6.98 are satisfied, considering applicable guidance issued by the United States Req.Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau;