OK Intoxicating Law [Archive]

okcpulse

04-20-2006, 02:23 PM

I have unsuccessfully tried to build up interest in the past among Oklahoma's lawmakers, and it is clear they are on the liquor wholesale distributor's side. Clearly, the best way to go is to sponsor an initiative petition to change Oklahoma's liquor laws, especially in the area of retail.

I will mail you a copy of what I authored in 2002 but got no response. It was called the Oklahoma Alcoholic Beverage Distribution and Retail Reform Act.

Proposed Bill, As Introduced:

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 3, Section 4 and Section 6 of Article XVIII of the Constitution of the State of Oklahoma; creating a beer and wine license for general retail establishments; authorizing the retail sale of refrigerated beer by licensed retail package stores; providing for franchising for wholesale distribution of alcoholic beverages; providing restrictions; providing ballot title; and direct filing.

SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendments to Section 3 and Section 4 of Article XVIII of the Constitution of the State of Oklahoma to read as follows:

This proposition hereby creates a retail beer and wine license for general retail establishments, provided such general retail establishments apply and pay required fees to the Alcoholic Beverage Laws Enforment Commission. Said general retail establishments must follow the restrictions set forth in Article XXVIII of the Constitution of the State of Oklahoma.

BEER AND WINE LICENSE DEFINITIONS:

General Retail Establishment: A retail establishment own privately by a person, persons, corporation or limited partnership that is not a retail package store.

Beer and Wine License: A License issued by the Alcoholic Beverages Laws Enforcement Commission that permits a General Retail Establishment to sell refrigerated beer and wine.

SECTION 3. The Legislature shall enact laws providing for the strict regulation, control, licensing, and taxation of the manufacture, sale, distribution, possession, and transportation of alcoholic beverages, consistent with the provisions of the Amendment. Provided, that any manufacturer who markets their product solely through a subsidiary or subsidiaries, a distiller, rectifiler, bottler, winemaker, brewer, or importer of alcoholic beverages, bottled or made in a foreign country, either within or without this state, shall be required to establish an exclusive territorial franchise with not more than one (1) wholesale distributor or Class B wholesale distributor licensed to distribute such beverages in their original sealed package to licensed retail package stores within the established territory; provided that each liquor wholesale distributor or Class B wholesale distributor be required to file with the Alcoholic Beverage Laws Enforcement Commission the territory agreed upon by the wholesale distributor and manufacturer.

SECTION 4. Except as in hereafter provided, retail sales of packaged alcoholic beverages shall be limited to the original sealed package, by privately owned and operated package stores, in cities and towns having a population in excess of two hundred (200) persons or by wineries; provided that wineries shall be able to sell only wine which has been produced on the winery premises or by general retail establishments which possess a beer and wine license issued by the Alcoholic Beverage Laws Enforcement Commission. Goods, wares, or merchandise sold on the premises or a retail package store shall not exceed ten percent (10) of the retail package stores total inventory. No other services shall be rendered on which retail alcoholic beverages are sold. Said premises are herein defined to be the entire space in which retail package alcoholic beverages are sold or displayed and said premises nust be seperated from any premises on which any other goods, wares or merchandise are sold or services rendered by walls which amy only be broken by a passageway to which the public is not admitted; provided, the rendering of services shall not apply to the premises of a winery or a general retail establishment possessing a beer and wine license. Retail package stores licensed to sell alcoholic beverages for off-premises consumption only, and not for resale, are hereby authorized to sell refrigerated beverages containing not more than fourteen percent (14%) alcohol by volume; provided, that no other alcoholic beverages containing more than fourteen percent (14%) alcohol by volume may be stores permanently or temporarily within the confined space of any operating walk-in cooler, portable cooler or ice chest on such premises.

Retail sale of alcoholic beverages by the individual drink for on-premises consumption is hereby authorized within a county if the voters of such county have previously approved such retail sale at an election.

SECTION 6. (a) It shall be unlawful for any retail package store to sell,
at retail, any alcoholic beverage:
On the first day of the week, commonly called Sunday;
On the day of any National, State, County or City Election,
including primary elections, during the hours the polls are open;
and
On Decoration or Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
(b) The voters of any county electing to authorize sales of
alcoholic beverages by the individual drink for on-premises
consumption under Section 4 hereof may designate as days on which
such sales are not authorized, any or all of those days listed in
subsection (a) of this section. It shall be unlawful for any
licensee or person to make any such sale within any such county
on days so designated.
(c) Is shall be unlawful for general retail establishments possessing a beer and wine license to sell alcoholic beverages between the hours of 7AM and 12AM Monday through Saturday, and 12PM through 12AM on Sunday.
(d) Any licensee or person violating the provisions of this
section shall be deemed guilty of a misdemeanor and any license
issued pursuant to provisions of this act shall be revoked upon
conviction for such sale in violation of this section.

SECTION 2. The Ballot Title for the proposed Constitutional Amendment as set forth in SECTION 1 od this resolution shall be in the follwing form:

BALLOT TITLE
Legislative Referendum No. ___ State Question No. ___

THE GIST OF THE PROPOSITION AS FOLLOWS:
This measure amends the Oklahoma Constitution. It amends Section 3 and Section 4 of Article 28. Article 28 deals with liquor. Currently, manufacturers cannot establish an exclusive territorial franchise with liquor wholesale distributors and Class B wholesale distributors. Liquor stores cannot sell refrigerated beverages. This proposition also creates a beer and wine license for general retail establishments. The amendments would allow manufacturers to establish an exclusive territorial franchise with liquor wholesale distributors and Class B wholesale distributors as is allowed in forty-eight (48) states. Retail liquor stores would be allowed to sell refrigerated beverages.