AG Opinion 2019-13

The Attorney General affirms that, pursuant to the holding of the United States Supreme Court in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, 139 S. Ct. 2449 (2019), the residency requirements for obtaining a Retail Spirits License or a Wine and Spirits Wholesaler’s License set forth in OKLA. CONST. art. 28A, § 4(A), (B) and in 37A O.S.Supp.2019, § 2-146 are likely to be found in violation of the Commerce Clause of U.S. CONST. art. I, § 8 and are therefore unenforceable.