‘Entirely Contrary to the Law of the Land’: Total Wine Heads to Court Over This State’s Constitutional Law Prohibiting Big Box Retailers

Total Wine is pushing back against Oklahoma, claiming the state denying its license is unconstitutional. (Photo: Phelan M. Ebenhack/AP)

The Oklahoman reported on Thursday that Total Wine & More is pushing back at Oklahoma’s constitution, which prohibits larger liquor retailers from setting up shop within the Sooner State. The big box retailer’s attorney, Mark Hornbeek, argued in front of a judge that the state’s residency requirement went against the federal constitution.

Total Wine’s application was denied in May, and Oklahoma’s ABLE Commission claimed the state constitution prohibits big box retailers from purchasing liquor licenses in the state. The liquor retailer’s attorney called the decision “a case study in arbitrariness,” according to the outlet.

Oklahoma’s state constitution mandates that anybody attempting to acquire a liquor license must be a sole proprietor and fulfill the state’s residency requirement. Total Wine’s application went against both requirements according to the commission.

Technically, the license is being applied for by Sooner Fine Wine & Spirits RLLP, a limited liability partnership between Total Wine co-founder Robert L. Trone and his wife. Total Wine aimed to open the retailer at 2135  S Interstate 35 Service Road in Moore, Oklahoma, according to The Oklahoman.

Hornbeek claimed the license was initially approved by the ABLE Commission but later denied because of the state’s residency laws. When the company pushed back, the retailer’s lawyer claimed the commission switched up its reasoning and said it was denied because the prospective licensee was an LLP.

Hornbeek argued Oklahoma’s constitution banning corporations, limited liability companies and other entities could be open to interpretation and a potential loophole could be a partnership. The attorney argued that an LLP falls under the category of a “partnership.”

He additionally claimed Oklahoma’s five-year residency requirement is unconstitutional, saying it is “entirely contrary to the law of the land.” The attorney referenced a similar case in Tennessee, when Total Wine took the state to court over its attempt to ban the retailer from opening, due to similar residency laws. The liquor megastore ended up winning and set up shop in Tennessee.

The administrative judge has 15 days to make his decision.

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