US Supreme Court to decide Tennessee liquor licensing case

Oklahoma officials paying attention to outcome

The Supreme Court will examine a piece of liquor licensing legislation in Tennessee similar to what is used in Oklahoma.

In the case Tennessee Wine & Spirits Retailers Association v. Blair, the Supreme Court will consider whether Article I of the U.S. Constitution empowers states, consistent with the dormant commerce clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time.

Tennessee legislation requires two years' residency before granting a license to sell liquor, while Oklahoma requires five years, a rule that has been in place for decades. Oklahoma officials are monitoring the case as it develops.

“We’ll see,” said Steven Barker, the ABLE Commission chief attorney. “We’ve got a statute on the books that we’ve had since Prohibition in the state.”

The case originated when a Tennessee couple, who had recently moved from Utah, attempted to obtain a license for their newly acquired liquor store — Kimbrough Wines and Spirits. Doug and Mary Ketchum were refused the license because they didn’t meet the minimum residency requirement.

The district court and the appellate court both ruled that the residency requirement violated the U.S. Constitution, specifically the dormant commerce clause.

The case is scheduled for oral arguments Jan. 16. After the arguments, it can take months before a ruling is issued.