Okla. Admin. Code § 45:10-3-16

Current through Vol. 42, No. 7, December 16, 2024
Section 45:10-3-16 - Insufficient funds for payment prohibited

No holder of a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Special Event, Public Event, Brewer, Small Brewer, Winemaker, Small Farm Winery or Caterer's license or employee thereof shall give a check drawn upon any bank or attempt an electronic transfer of funds to a licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor in payment for alcoholic beverage purchases without having sufficient funds on deposit in said bank to pay said check upon presentment for payment or refuse to pay in full the amount invoiced once received and accepted by a Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Special Event, Public Event, Brewer, Small Brewer, Winemaker, Small Farm Winery or Caterer's at a later date by withdrawing funds from any electronic payment system. Any check or electronic payment which is not paid when presented for payment by reason of insufficient or no funds being on deposit in said bank with which to pay the same, shall be prima facie evidence that the maker of said check or electronic payment has accepted and received credit from the licensed Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, or Winemaker Self-Distributor to whom said check or electronic payment was issued. If any Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Special Event, Public Event, Brewer, Small Brewer, Winemaker, Small Farm Winery or Caterer licensee shall issue an insufficient electronic transfer or no-fund check for the purchase of alcoholic beverages, which check was not paid as required by 45:10-3-17 within three (3) business days following notice of dishonor, the Wine and Spirits Wholesaler, Beer Distributor, Self-Distributing Brewer, Self-Distributing Winery, or Brewpub Self-Distributor shall immediately notify the ABLE Commission of such fact and, the ABLE Commission shall, upon determining such fact immediately notify all Wine and Spirit Wholesalers, Beer Distributors, Self-Distributing Brewers, Self-Distributing Wineries, and Brewpub Self-Distributors that the issuing licensee shall not be permitted to purchase any alcoholic beverage until the licensee has paid the outstanding invoice at issue.

Okla. Admin. Code § 45:10-3-16

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024