ABLE Commission has 15 days to decide on an appeal for big box wine store

OKLAHOMA CITY (KFOR) — The ABLE Commission will have 15 days to decide if it will allow a national liquor store company to open its doors, or stick with its decision to deny Total Wine and More to open in Moore.

It would be the company’s first location in Oklahoma, opening in the Shops at Moore retail strip mall on I-35.

Attorney’s for the company appealed the decision. In an appeals hearing Wednesday, lawyers for the commission said allowing the store a license would go against Oklahoma law.

“It’s ineligible under the current provisions of the Oklahoma Constitution and State statutes,” said attorney Kate Springer.

Springer said an amendment to an Oklahoma law in 2018 does not allow “limited liability partnerships” or LLP businesses to open these kinds of establishments.

However, Marc Hornbeek, attorney for Total Wine and More, said the commission has been allowing licenses for similar companies.

“In this case, more than 35 years at the least. Has the legislature allowed LLP to receive licenses without taking any action?”

The ABLE Commission approved the application for the store but reversed course on April 1.
The company’s lawyers argued employees with the commission were told to deny the license.

“Due to the applicant's do not live in Oklahoma City. Clearly a denial based on the residency,” said Hornbeek.

Both sides argued its case before a judge who will have less than two weeks to review the case and send his decision to the ABLE Commission.

The commission has until July 25 to make a ruling. The company said if its appeal was denied, it would take further legal steps.