‘Everyone Has to Follow the Law’: Total Wine Loses Appeal With Administrative Judge to Set Up Shop in Oklahoma

A logo sign outside of a Total Wine & More retail store location in Richmond, Virginia on May 13, 2020. (Photo by Kristoffer Tripplaar/Sipa USA)(Sipa via AP Images)

Oklahoma News 4 reported on Thursday that Total Wine lost its appeal with an administrative judge about the state granting it a liquor license to set up shop. The big box retailer pushed back against the state’s ABLE Commission’s denial of the license, claiming the state’s reasoning was unconstitutional and “entirely contrary to the law of the land,” in mid-July.

The judge had 15 days to make the decision and ended up ruling in favor of the state.

“Everyone has to follow the law and the rules,” said Assistant Director of the ABLE Commission, Lori Carter to Oklahoma News 4. “Under the Oklahoma Constitution and state statute, a limited liability partnership is not eligible for a retail spirits license. A limited liability partnership or a limited liability corporation shields those owners or partners from personal liability for the decisions and actions of the company.”

Carter emphasized that “personal liability” encouraged liquor store owners to uphold the law, which is one of the reasons why the state’s constitution did not allow liquor stores to open under a limited liability corporation (LLC.)

The store’s ambitions were to open up in a former Bed Bath and Beyond and applied for the license in February under “Sooner Fine Wines.” As soon as Oklahoma’s ABLE Commission found out the big box retailer was behind the LLC, the state decided to deny Sooner Fine Wines’ request, citing its state constitution. Oklahoma additionally cited a 5-year residency law and claimed that the owners behind Sooner Fine Wines did not fit those requirements.

Sooner Fine Wines appealed, and it was no surprise the LLC fought for the license, as Total Wine has fought similar issues in other states like Tennessee and taken matters to the Supreme Court.

After the administrative judge issued the ruling, Oklahoma News 4 shared that Total Wine can appeal the decision and take matters up with the District Court. Total Wine has yet to issue a statement on the ruling.

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