Judge sides with ABLE Commission over Total Wine & More application

OKLAHOMA CITY ( KFOR ) – A key decision has been made in a battle to bring a big box liquor chain to Oklahoma.

“Everyone has to follow the law and the rules,” said Lori Carter, the Assistant Director of the ABLE Commission.

An administrative law judge seemed to agree with the State ABLE Commission, which oversees Oklahoma’s liquor laws.

News 4 first told you about Total Wine & More months ago . It’s a national big box wine and spirits chain with 267 stores in 28 states. It wanted to open up in a former Bed Bath and Beyond location in Moore.

In February, it applied for a retail liquor license under the name “Sooner Fine Wines” which, the ABLE Commission said, operates as a limited liability partnership.

“Under the Oklahoma Constitution and state statute, a limited liability partnership is not eligible for a retail spirits license,” said Carter. “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.”

However, the state allows sole proprietorships, general partnerships, or limited partnerships.

“That personal responsibility that owners have under those certain business structures helps ensure that those businesses will follow the law,” said Carter.

On April 29, the ABLE Commission formally denied the request. Sooner Fine Wines appealed.

Monday, a decision was made .

“The administrative law judge agreed with us,” said Carter.

Sooner Fine Wines can still appeal the decision in state district court.

“We don’t want to stand in the way of of the economic engines running in Oklahoma,” said Carter. “However, we are bound by the Constitution and statutes to enforce the law.”

The ABLE Commission said they’ve given the store an opportunity to restructure how the company works, but Total Wine & More did not take that chance.

News 4 called the local attorney representing the company, but we did not hear back.

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