(AP) — The Oklahoma Supreme Court on Tuesday invalidated an initiative petition that calls for a statewide vote on whether to allow wine to be sold in grocery stores.
In a 7-1 decision with one abstention, the Supreme Court ordered that the petition, filed by the Retail Liquor Association of Oklahoma, be stricken from the November general election ballot.
The petition was challenged by the Oklahoma Grocers Association, which alleged the ballot measure unconstitutionally delegates legislative authority and that the written explanation of its effect, called the gist, is insufficient and misleading.
The Supreme Court agreed, ruling that the petition makes significant changes in the state's liquor laws and that its gist does not provide enough information for voters to make an informed decision.
The Retail Liquor Association's president, Bryan Kerr, owner of Moore Liquor in Moore, said he was disappointed in the high court's ruling.
"That's a shame. We really thought we had a valid petition," Kerr said.
Organizers thought the measure's gist, which is legally required to describe what the petition would do, provided a valid and thorough description of its effect.
"The citizens of Oklahoma won't have the opportunity to vote on what we felt like was a sensible reform of our alcohol laws," Kerr said.
Currently, liquor, wine and beer in excess of 3.2-percent alcohol can be sold only at package liquor stores, which are strictly licensed and regulated and closed on Sundays.
Among other things, the petition would have allowed grocery stores to qualify for licenses to sell wine for off-premises consumption and would permit retail package liquor stores to sell any item sold in convenience and grocery stores.
But other changes the petition would make "are recognizably absent from the gist," according to the Supreme Court's decision.
The petition prohibits a liquor license from being sold for a package liquor or grocery store within 2,500 feet of an existing store, "making many grocery stores ineligible for a retail grocery wine store license," the decision states.
And only one license could be issued to entities with multiple stores, "again limiting a grocery store's eligibility for a retail grocery wine store license," it says.
Although the initiative petition was invalidated, a similar ballot measure that would permit grocery stores to sell wine and cold, strong beer is pending in the Legislature.
The measure is the result of months of negotiations among alcohol distillers, brewers, wholesalers, distributors and retail groups. A companion bill is reportedly more than 200 pages long.
Most of Oklahoma's liquor laws were developed in the late 1950s and include a variety of statutes and constitutional amendments that cannot be changed without a vote of the people.
Oklahoma is one of only five states in which low-point beer is sold. Unlike strong beer, it can be refrigerated and purchased at grocery and convenience stores until 2 a.m. and on Sundays.
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Online:
Initiative Petition 785: http://bit.ly/1rtcB0T
Senate Joint Resolution 68: http://bit.ly/24zHn7p
Senate Bill 383: http://bit.ly/1SLHDdJ