Oklahoma Alcoholic Beverage Control Board v. Seely

1980 OK 189, 621 P.2d 534, 1980 Okla. LEXIS 376
CourtSupreme Court of Oklahoma
DecidedDecember 16, 1980
Docket53345
StatusPublished
Cited by21 cases

This text of 1980 OK 189 (Oklahoma Alcoholic Beverage Control Board v. Seely) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oklahoma Alcoholic Beverage Control Board v. Seely, 1980 OK 189, 621 P.2d 534, 1980 Okla. LEXIS 376 (Okla. 1980).

Opinions

HARGRAVE, Justice.

In August, 1973, Jean A. Seely, the appel-lee, was granted a package store license to operate Seely’s Retail Package Store. On June 13, 1978, a letter was issued by Charles Beaver, Chief Enforcement Officer for Richard A. Crisp, Director of the Oklahoma Alcoholic Beverage Control Board (Board), to the appellee which indicated a contemplated denial of her application to [536]*536renew her license.1 In response to the ap-pellee’s request, a hearing was held on July 13, 1978, which resulted in a finding by Director Crisp that the appellee was not entitled to a renewal of her license. This decision was appealed to the Board en banc which, on September 14, 1978, upheld the Director’s ruling. Both decisions were based on the finding that since the appel-lee’s husband, Bill Seely, had been convicted in August, 1976 of the crime of possession of a stolen automobile, a felony, the appel-lee was barred from obtaining a renewal of her license by the language found in 37 O.S.1971 § 527(a)(3).

Title 37, Section 527(a)(3) provides in pertinent part:

The Board shall refuse to issue a . . . package store license either on an original application or a renewal application, if it has reasonable grounds to believe and finds any of the following to be true:
(3) That the applicant or any partner, or spouse of the applicant or any partner, has been convicted of a felony.

Pursuant to the provisions of the Oklahoma Administrative Procedures Act, 75 O.S. 1971 §§ 301-327, the appellee perfected an appeal for judicial review of the Board’s decision to the District Court of Nowata County, Oklahoma. The appellee maintained that the Board exceeded its statutory authority in violation of her constitutional rights by holding her responsible for the acts of her spouse of which she had no knowledge and by disregarding the fact that the appellee’s spouse did not participate in the operation or management of the package store.

The District Court, in setting aside the Board’s order, found on January 18, 1979, that the Board failed to show “a willful violation of a prohibited act or at a minimum, a knowledge of the commission of the willful violation of the prohibited act on the •part of the licensee” and directed the Board to grant the renewal license. Thereupon, the Board perfected an appeal to this Court contending that the operation of a liquor-related business is a privilege granted by the State; that the State has broad inherent power to control all the liquor traffic within its boundaries; that Title 37, Section 527(a)(3) is constitutional; and that a willful or knowing violation of the law is not the sole basis for the proper denial of an application to renew a retail package store license.

This Court does not disagree with the Board’s first broad contention that conducting a liquor-related business is a privilege granted by the State. In Brown Distributing Co. v. Oklahoma Alcoholic Beverage Control Board, 597 P.2d 324 (Okl.1979), this Court stated that “[n]o one has an absolute or inherent right to a license to sell intoxicating liquor and its issuance is a matter, not of right but, of legislative grace and may be extended, limited, or denied without violating any constitutional right.” Id. at 326. The Court added further that the “legislature, subject to constitutional restrictions, may lawfully grant the right to engage in the traffic of liquor to a certain class or classes of persons and withhold it from others, and no one may complain because liquor legislation has denied him the privilege of engaging in the liquor traffic.” Id. Statutory authority for such language was found in 37 O.S.1971 § 532 which states that “[a]ny license issued under [the Oklahoma Alcoholic Beverage Control] Act shall be a purely personal privilege.” However, despite the rights-privilege distinction, which has been disputed by other jurisdictions, both state and federal, this Court is of the opinion that merely calling a liquor license a privilege does not free the state agencies from due process requirements in licensing. The distinction merely affords an opportunity to determine the extent and amount of the requirements afforded by due process.

Furthermore, this Court does not dispute the Board’s second proposition that the State has broad inherent power to control all liquor traffic within its boundaries. [537]*537It has been recognized in Oklahoma “that the liquor industry because of the very nature of its product requires strict control and close supervision [and] [a]s a result, the Legislature by virtue of the police power of the State possesses broad powers to regulate and supervise all phases of traffic in intoxicating liquors.” State v. Parham, 412 P.2d 142, 147 (Okl.1966). However it should also be recognized that in the licensing procedure considerations of fundamental fairness and justice comporting with due process should be evident even though this is a business which is subject to a high degree of supervision and regulation in the interest of the public welfare.

Finally, this Court agrees with the Board’s third contention that Title 37, Section 527(a)(3) is facially constitutional. Article 27, Section 3 of the Oklahoma Constitution requires that “[t]he Legislature shall enact laws providing for the strict regulation, control, licensing and taxation of the manufacture, sale, distribution, possession, and transportation of alcoholic beverage ...Therefore, there is no argument but that the Legislature was constitutionally authorized to enact Title 37, Section 527.

It is at this point, however, where the agreement with the Board’s argument stops. The Board has argued that since Article 27, Section 10(d) of the Oklahoma Constitution expressly prohibits the issuance of a license to a person convicted of a felony in all cases save one2 not relevant here, Section 527(a)(3) correspondingly prohibits the issuance of a license to the spouse of a person convicted of a felony in all cases. The intent expressed in Section 10(d) as adopted by election in April, 1959 was to prevent convicted felons from exerting any influence or control over the sale of alcoholic beverages. This same intent can be found on the part of the legislature in enacting Section 527(a)(3). Therefore the Board’s argument that Section 527(a)(3) prevents the issuance of licenses to spouses of convicted felons must fail in such a case as presented here where the facts disclose no thwarting of this legislative intent expressed in Section 527(a)(3).

Testimony at the appellee’s hearing was introduced to show that the appellee had operated without incident or complaint Seely’s Retail Package Store as sole proprietor from August, 1973, the date of the initial issuance of her license, to July, 1978, the time of the requested hearing. It was also shown that the appellee’s husband was involved on a full time basis in cattle ranching and that he had taken no part in the operation or management of the package store since March, 1974.3

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Oklahoma Alcoholic Beverage Control Board v. Seely
1980 OK 189 (Supreme Court of Oklahoma, 1980)

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Bluebook (online)
1980 OK 189, 621 P.2d 534, 1980 Okla. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-alcoholic-beverage-control-board-v-seely-okla-1980.