The Oklahoman

New alcohol laws impact out-of-state shipments

- Paula Burkes, Business writer

Aimee Majoue is a Crowe & Dunlevy attorney and member of the Administra­tive and Regulatory Practice Group. How have the recent changes to our state's statutes regulating alcohol sales impacted deliveries from out of state? Oklahomans who enjoy an adult beverage now and then are familiar with the restrictio­ns on when and where consumers may purchase alcohol. In October, new laws relaxed those restrictio­ns making it easier for consumers to purchase alcohol, including purchasing wine from our couches. Out-of-state wineries, once licensed, are now allowed to ship wine directly to consumers. Or, in other words, consumers are now allowed to purchase wine and have it delivered directly to their home. However, when the statute became effective, permitting such shipments, Oklahoma regulation­s did not keep pace. As a result, Oklahomans have conflictin­g laws to decipher. We have a statute that allows consumers to have wine delivered to their home from a licensed winery and, at the same time, we have a state agency regulation that requires every consumer, which means you and me as individual­s, to have a permit to make these purchases.

What agency regulates alcohol sales and how is it interpreti­ng the law?

The Oklahoma Alcoholic Beverage Laws Enforcemen­t Commission (ABLE) regulates all licenses and sales related to alcohol in Oklahoma. In 2018, the Oklahoma Legislatur­e created a new state statute allowing direct wine shipment to Oklahomans' homes from licensed wineries at 37A O.S. § 3-106. The statute title includes “Direct Wine Consumer's Permit,” but the statute itself is silent on requiremen­ts for consumers

other than needing to be over the age of 21. The statute's legislativ­e history from the Oklahoma Legislatur­e shows an intent to remove any consumer permitting requiremen­ts so as to enable wineries to become direct shippers. However, ABLE also has a regulation, OAC 45:255-5, requiring consumers to have a permit to purchase direct wine shipments to their home. To get a Direct Consumer's Permit under ABLE's regulation, a consumer has to complete an applicatio­n, provide identifica­tion proving the applicant is more than 21 years old and pay a fee. Once this confusion was brought to ABLE's attention, ABLE agreed to interpret the statute and its intent as controllin­g and to not enforce consumer permitting despite the language of the regulation.

Can Oklahomans now join wine clubs?

Yes, Oklahomans may now join wine clubs as long as the wineries in the wine club are each permitted as Direct Wine Shippers in Oklahoma. The wine club should regulate which wines may be purchased or shipped through wine club membership based on the Oklahoma shipping requiremen­ts. Additional­ly, a consumer's shipments to their home are limited to six nine-liter cases of wine, which is six standard 12-bottle cases, per Direct Wine Shipper. In other words, a consumer can buy 72 standard bottles of wine per winery per year. With multiple wineries contributi­ng to most wine clubs, you be the judge of whether that is enough.

 ??  ?? Aimee Majoue is a Crowe & Dunlevy attorney.
Aimee Majoue is a Crowe & Dunlevy attorney.

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