The Oklahoma Supreme Court invalidated an initiative petition Tuesday morning that would’ve let voters decide whether or not to allow wine and strong beer in grocery stores.
The Oklahoma Grocers Association filed its protest against the petition that would’ve put State Question 785 on the ballot this fall, arguing it was an unconstitutional delegation of legislative authority, and that the language was insufficient and misleading.
“We hold that the gist of the petition does not fairly describe the proposed constitutional amendment and is invalid,” Justice Noma Gurich wrote for the majority.
The court ruled 7-1, with Justice Joseph Watt abstaining, that the written explanation of the petition didn’t provide enough information for voters to make an informed decision.
“The petition makes significant changes to the liquor laws of this state; however, certain changes are recognizably absent from the gist,” Gurich wrote:
Pursuant to the petition, no Retail Package Store license or Retail Grocery Wine Store license can be issued to any grocery store, warehouse club, or supercenter located within 2,500 feet of an existing Retail Package Store or Retail Grocery Wine Store, making many grocery stores ineligible for a Retail Grocery Wine Store license.13 Only one Retail Grocery Wine Store license will be issued by ABLE to entities with multiple stores, again limiting a grocery store's eligibility for a Retail Grocery Wine Store license.14 Finally, only Retail Package Store licenses that have been in existence for more than two years from the date the ABLE Commission issues the first Retail Grocery Wine Store license shall be eligible for purchase for the purpose of converting to a Retail Grocery Wine Store license, again restricting the number of grocery store wine retailers.15
The Retail Liquor Association of Oklahoma, which was named in the challenge, said they were disappointed.
“Oklahomans will not have the opportunity to vote on sensible reform of our alcohol laws and will be left with either the "Walmart plan" or nothing at all,” the group said in a statement. “We urge the Oklahoma legislature to pass SB424 to grant Oklahoma breweries the right to sell their full-strength product at their own facilities.”
Did you know that SJR68 (the Walmart plan) carves out an exception for Oklahoma breweries and wineries, allowing... https://t.co/DQaEcedLpZ
— RLAO (@OklahomaLiquor) May 1, 2016
Senate Bill 424 is currently awaiting action in the Conference Committee on Alcohol, Tobacco, and Controlled Substances.
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