A. A winemaker self-distribution license shall authorize a licensed winemaker within or without this state which is permitted by Article XXVIIIA of the Oklahoma Constitution and this section:

1. To distribute its wine directly to retail spirits, retail wine and retail beer licensees, mixed beverage licensees, beer and wine licensees, and restaurants in this state; and

2. If such a winemaker elects to do so, to sell and deliver its wines directly to licensed retail package stores, mixed beverage licensees, beer and wine licensees, and restaurants in this state in full case lots only, and in accordance with the provisions of the Oklahoma Alcoholic Beverage Control Act and such rules as the ABLE Commission shall promulgate.

B. A winemaker either within or without this state that annually produces no more than fifteen thousand (15,000) gallons of wine may elect to sell and self-distribute the wine produced by such winemaker directly to licensed retail package stores, mixed beverage licensees, beer and wine licensees, and restaurants in this state; provided:

1. Any such winemaker which elects to directly sell its wine to package stores, mixed beverage licensees, beer and wine licensees, and restaurants shall not also use a licensed wholesale distributor as a means of distribution, and shall be required to sell its wines to every package store, mixed beverage licensee, beer and wine licensee, and restaurant licensee who desires to purchase the same, on the same price basis and without discrimination;

2. If a winemaker or winery sells directly to a retail package store, mixed beverage licensee, beer and wine licensee or restaurant, the winemaker shall transport the wine from the winemaker's winery to the premises where the wine is to be delivered only in vehicles owned or leased by the winemaker and not by common or private contract carrier and shall obtain all necessary permits as required by the Oklahoma Alcoholic Beverage Control Act; and

3. If the production volume limit applicable to winemakers is ruled to be unconstitutional by a court of competent jurisdiction, then no winemaker shall be permitted to directly sell its wine to retail package stores, non-package-store retailers, mixed beverage licensees, beer and wine licensees or restaurants in this state.

Added by Laws 2016, c. 366, § 17, eff. Oct. 1, 2018. Amended by Laws 2018, c. 113, § 1, eff. Oct. 1, 2018.

NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 307, which was adopted at election held on Nov. 8, 2016.