Okla. Stat. tit. 37, § 163.20
Repealed
Effective Oct 1, 2018Laws 1947, HB 254, p. 296, § 20; Amended by Laws 1995, SB 129, c. 274, § 32, eff. November 1, 1995; Amended by Laws 1998, HB 2807, c. 302, § 2, eff. November 1, 1998 (superseded document available); Amended by Laws 2017, SB 646, c. 364, § 4, eff. October 1, 2017 (repealed by Laws 2017, SB 646, c. 364, § 28, eff. October 1, 2018 (superseded document available).
- A. Any person who shall engage in the sale of low-point beer in violation of the provisions of Sections 163.1 through 163.25 of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for such misdemeanor as provided for by the general statutes of this state.
- B. Any person who engages in the sale or shipping of low-point beer in violation of the provisions of Section 163.26 of this title on or after the effective date of Section 20.1 of Title 21 of the Oklahoma Statutes, upon conviction, shall be guilty of a Schedule G felony if the sale or delivery is made to a person under twenty-one (21) years of age, or a misdemeanor if the sale or delivery is made to a person twenty-one (21) years of age or older. Any person who engages in the sale or shipping of low-point beer in violation of the provisions of Section 163.26 of this title before the effective date of Section 20.1 of Title 21 of the Oklahoma Statutes shall be guilty of a felony punishable by imprisonment for not more than two (2) years, if the sale or delivery is made to a person under twenty-one (21) years of age, or a misdemeanor, if the sale or delivery is made to a person twenty-one (21) years of age or older. The fine for a violation of Section 163.26 of this title shall be not more than Five Thousand Dollars ($5,000.00). In addition, if such person holds a permit issued by the Oklahoma Tax Commission pursuant to Section 163.7 of this title, the permit shall be revoked pursuant to the procedures set forth in Section 163.18H of this title.
- C. Notwithstanding the provisions of subsections A and B of this section, no licensed wholesaler shall be guilty of a misdemeanor or subject to any fines or license revocation as a result of the sale of low-point beer to a retailer who holds a permit from the Oklahoma Tax Commission pursuant to Section 163.7 of this title, regardless of whether such retailer holds a valid permit from the district court of the relevant county pursuant to Section 163.11 of this title or such district court permit has expired. Any permit issued by the Oklahoma Tax Commission pursuant to Section 163.7 of this title shall be deemed valid, and licensed wholesalers shall have no obligation to independently determine the validity of such permit.
Laws 1947, HB 254, p. 296, § 20; Amended by Laws 1995, SB 129, c. 274, § 32, eff. November 1, 1995; Amended by Laws 1998, HB 2807, c. 302, § 2, eff. November 1, 1998 (superseded document available); Amended by Laws 2017, SB 646, c. 364, § 4, eff. October 1, 2017 (repealed by Laws 2017, SB 646, c. 364, § 28, eff. October 1, 2018 (superseded document available).