Oklahoma Alcoholic Beverage Control Board v. Parkhill Restaurants, Inc.

This is an appeal from a judgment of the District Court determining certain portions of Sections 539 and 568 of Title 37 to be unconstitutional and directing alcoholic beverages seized thereunder to be returned. We consider the constitutionality only of those portions of Sections 539 and 568 which were determined by the trial court to be unconstitutional, 1 necessarily limiting our discussion to the validity of the statutes as applied.

On May 11,1978, agents of the Oklahoma Alcoholic Control Board (ABC), assisted by members of the Tulsa Police Department, entered premises owned by Appellee,…