Any wine or spirit product that constitutes a top brand, as defined in this section, shall be offered by the manufacturer for sale to every licensed wine and spirits wholesaler who desires to purchase the same on the same price basis and without discrimination or inducements. "Top brand" shall mean those brands constituting the top twenty-five brands in total sales of spirits and of wine by all wholesalers during the past twelve-month period, according to the records of the ABLE Commission as revised by the ABLE Commission quarterly. In order to allow the ABLE Commission to determine the top twenty-five brands of spirits and of wine, all wholesalers must submit to the ABLE Commission every sixty (60) days a sworn affidavit listing their top thirty brands of spirits and of wine in sales for the previous sixty (60) days, excluding sales to wholesalers. Wholesalers who choose to purchase any top-brand wine or spirits product shall comply with the line-item price posting requirements of Section 3-116.2 of Title 37A of the Oklahoma Statutes. Any pricing amendment to which the ABLE Commission provides its written consent in accordance with Section 3-116.3 of Title 37A of the Oklahoma Statutes shall become effective on the first business day of the following week.
Added by Laws 2019, c. 353, § 2.
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