Oklahoma Wine and Beer Amendment, State Question 785 (2016)
| Oklahoma Wine and Beer Amendment, State Question 785 | |
|---|---|
 | |
| Type | Amendment |
| Origin | Citizens |
| Topic | Alcohol |
| Status | Not on the ballot |
| Not on Ballot |
|---|
 |
| This measure was not put on an election ballot |
The Wine and Beer Amendment, State Question 785 was a constitutional amendment proposed for the Oklahoma ballot on November 8, 2016.
The measure would have allowed grocery stores to sell beer and wine and small brewers to sell beer at on-site taprooms. It would also allow retail package stores to sell their products on any day of the year except Thanksgiving and Christmas.[1]
The Oklahoma Supreme Court ordered the measure stricken after deciding that the ballot title did not accurately disclose the detail that expanded sales of wine and strong beer would have been permitted only in stores over a half-mile from existing package stores.[2]
Text of measure
Constitutional changes
The measure would repeal and replace Article 28 of the Oklahoma Constitution.[1]
Full text
The full text of the measure can be found here.
Support
Supporters
The primary sponsor of this petition is the Retail Liquor Association.[3]
Opposition
Opponents
- Oklahoma Grocers Association[3]
Legal challenge
The Oklahoma Grocers Association filed a legal challenge against the petition, saying that the language was "misleading" and "deceptive."[3] For example, the proposed measure would require at least 2,500 feet between two liquor outlets, and existing stores would be grandfathered in. But, the challenge argued, the measure proposed no notice to grocery stores that wish to sell alcohol that permits cannot be issued with "just less of half a miles from an existing package store."[3]
In addition, the challenge stated that the proposed measure did not say that "all beer, including 3.2 percent beer, will be taxed as alcohol. This will have the effect of raising taxes on the beer sold at grocery stores and convenience stores."[3]
Further, the Grocers Association said in the lawsuit that, since the proposal would allow retail package store owners to sell their liquor licenses to grocers, the measure would grant store owners similar licensing power that the Oklahoma ABLE Commission had. The legal challenge said,[3]
| “ | A change of this magnitude simply cannot be omitted from the gist of the petition if it is to pass constitutional muster. ... When the gist of the petition is insufficient and misleading, the only appropriate remedy is to strike the measure from the ballot.[4] | ” |
In response, Bryan Kerr, president of the Oklahoma Retail Liquor Association, said,[3]
| “ | Nobody is usurping anybody’s power. We are just asking for a little capitalism to be involved.[4] | ” |
The Oklahoma Supreme Court ruled against the proposed measure on May 3, 2016, saying that the ballot title did not accurately disclose the detail that expanded sales of wine and strong beer would have been permitted only in stores over a half-mile from existing package stores. The proposed measure was stricken from the ballot.[2]
Path to the ballot
The measure was filed with the Oklahoma Secretary of State on February 23, 2016. According to Oklahoma law, after a petition is approved, supporters have 90 days to collect the required number of valid signatures. Petitioners for State Question 785 needed to collect 123,725 valid signatures by late May 2016, provided no official complaints complicated the process of approving the initiative for circulation.[1]
The measure was stricken on May 3, 2016.[2]
State profile
| Demographic data for Oklahoma | ||
|---|---|---|
| Oklahoma | U.S. | |
| Total population: | 3,907,414 | 316,515,021 |
| Land area (sq mi): | 68,595 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 73.1% | 73.6% |
| Black/African American: | 7.2% | 12.6% |
| Asian: | 1.9% | 5.1% |
| Native American: | 7.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 7.8% | 3% |
| Hispanic/Latino: | 9.6% | 17.1% |
| Education | ||
| High school graduation rate: | 86.9% | 86.7% |
| College graduation rate: | 24.1% | 29.8% |
| Income | ||
| Median household income: | $46,879 | $53,889 |
| Persons below poverty level: | 19.7% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Oklahoma. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Oklahoma
Oklahoma voted Republican in all seven presidential elections between 2000 and 2024.
More Oklahoma coverage on Ballotpedia
- Elections in Oklahoma
- United States congressional delegations from Oklahoma
- Public policy in Oklahoma
- Endorsers in Oklahoma
- Oklahoma fact checks
- More...
See also
- Oklahoma 2016 ballot measures
- 2016 ballot measures
- Oklahoma Legislature
- List of Oklahoma ballot measures
- Oklahoma Secretary of State, "State Questions"
Footnotes
- ↑ 1.0 1.1 1.2 Oklahoma Secretary of State, "State Questions," accessed February 26, 2016
- ↑ 2.0 2.1 2.2 SWTimes.com, "Oklahoma Supreme Court strikes alcohol initiative from ballot," May 3, 2016
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Times Record, "Oklahoma liquor initiative petition faces legal challenge from grocers," March 23, 2016
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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