Legal Opinion

Brown Distributing Co. v. Oklahoma Alcoholic Beverage Control Board

Supreme Court of Oklahoma

Decided July 3, 1979No. 51782PublishedCited by 7 opinions

1Opinion of the Court

HODGES, Justice.

On April 7, 1959, at a special election, a referendum petition was adopted to the Oklahoma Constitution which provided in part that no corporation shall be issued an Oklahoma Class B wholesale or package store liquor license. 1 Contra to this constitutional mandate, the legislature subsequently enacted 37 O.S.1971 § 526 2 which provided in part that all corporations who were actively engaged in wholesaling nonintoxicating malt beverages on April 7, 1959, shall be qualified for a Class B wholesaler’s license. We hold this part of the statute is repugnant to the Constitution and…

2Cases cited5 opinions

  1. California v. LaRueSupreme Court of the United States · 1973
  2. Hostetter v. Idlewild Bon Voyage Liquor Corp.Supreme Court of the United States · 1964
  3. State Bd. of Equalization of Cal. v. Young's Market Co.Supreme Court of the United States · 1936
  4. Marcus v. State ex rel. Alcoholic Beverage Control BoardSupreme Court of Oklahoma · 1966
  5. Myerson v. MyersonArizona Supreme Court · 1960

3Cited by7 opinions

  1. County of Kauai v. Pacific Standard Life InsuranceHawaii Supreme Court · 1982
  2. Oklahoma Alcoholic Beverage Control Board v. BurrisSupreme Court of Oklahoma · 1980
  3. Oklahoma Alcoholic Beverage Control Board v. SeelySupreme Court of Oklahoma · 1980
  4. Haley v. Oklahoma Alcoholic Beverage Control BoardCourt of Civil Appeals of Oklahoma · 1985
  5. Gonzales v. StateCourt of Civil Appeals of Oklahoma · 2010

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