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Meyer v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

Oklahoma Court of Appeals
890 P.2d 1361 (Okla. App. 1995)


Facts

The Oklahoma Constitution provided that “Not more than one retail package license shall be issued to any person or general or limited partnership.” In 1992, the Oklahoma legislature created a new business association, the limited liability company (LLC), which was not in existence at the time of the drafting of this constitutional provision. Meyer (plaintiff) sought to obtain a liquor license for an LLC. The Oklahoma Alcoholic Beverage Laws Enforcement Commission (Commission) (defendant) ruled that liquor licenses could not be issued to LLCs and denied Meyer’s petition. [Meyer appealed the Commission’s denial of her petition to the district court pursuant to Oklahoma state law.] At trial, Meyer’s expert witness testified that an LLC is essentially a partnership and should qualify for a license under the constitution. The trial court ruled in favor of Meyer. The Commission appealed.

Rule of Law

Issue

Holding and Reasoning (Stubblefield, J.)

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