[Previous] [Next]

37-505.


37-505.
   
   A. No person shall manufacture, rectify, sell, possess, store, import
   into or export from this state, transport, or deliver any alcoholic
   beverage except as specifically provided in the Oklahoma Alcoholic
   Beverage Control Act. Provided, that nothing herein shall prevent the
   possession and transportation of alcoholic beverages for the personal
   use of the possessor, his family and guests, so long as the Oklahoma
   excise tax has been paid thereon, except for beer. Provided, that
   nothing herein shall prevent the making of cider or of wine, not to
   exceed two hundred (200) gallons in any one (1) year pursuant to a
   license first obtained from the Alcoholic Beverage Laws Enforcement
   Commission, by simple fermentation and without distillation, if made
   solely for the use of the maker, his family and guests.
   
   B. 1. Any duly licensed physician or dentist may possess and use
   alcoholic beverages in the strict practice of his profession and any
   hospital or other institution caring for sick and diseased persons may
   possess and use alcoholic beverages for the treatment of bona fide
   patients of such hospital or institution. Any drugstore employing a
   licensed pharmacist may possess and use alcoholic beverages in the
   preparation of prescriptions of duly licensed physicians.
   
   2. The possession, transportation and dispensation of wine by any
   authorized representative of any church for the conducting of a bona
   fide rite or religious ceremony conducted by such church shall not be
   prohibited by the Oklahoma Alcoholic Beverage Control Act; nor shall
   said act prevent the sale, shipping or delivery of sacramental wine by
   any person holding a sacramental wine supplier license issued pursuant
   to the Oklahoma Alcoholic Beverage Control Act to any religious
   corporation or society of this state holding a valid exemption from
   taxation issued pursuant to Section 501(a) of the Internal Revenue
   Code, 1954, and listed as an exempt organization in Section 501(c)(3)
   of the Internal Revenue Code, 1954, of the United States, as amended.
   
   3. Provided further, that nothing in the Oklahoma Alcoholic Beverage
   Control Act shall prevent the possession, transportation and sale of
   alcoholic beverages, including beer as defined by Section 506 of this
   title and beer containing not more than three and two-tenths percent
   (3.2%) of alcohol by weight, within military reservations and in
   accordance with the laws, rules and regulations governing such
   military reservations, provided that the Oklahoma excise tax has been
   paid on spirits and wines.
   
   C. 1. Except as otherwise authorized by law, it is unlawful for any
   manufacturer, wholesaler or retailer of alcoholic beverages, located
   and doing business from outside this state, to make retail sales of
   alcoholic beverages to purchasers located in this state or to ship
   alcoholic beverages sold at retail to persons located in this state.
   Any person who engages in the sale or shipping of alcoholic beverages
   in violation of the provisions of this subsection 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
   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 alcoholic beverages in violation of the provisions of this
   subsection 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 five (5) 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.
   
   2. The fine for a violation of this subsection shall be not more than
   Five Thousand Dollars ($5,000.00).
   
   3. In addition, if such person holds a license issued by the Oklahoma
   Alcoholic Beverage Laws Enforcement Commission, the license shall be
   revoked pursuant to Section 528 of this title.
   

[Previous] [Next]