Meyer v. Oklahoma Alcoholic Beverage Laws Enforcement Commission
Oklahoma Court of Appeals
890 P.2d 1361 (Okla. App. 1995)
The Oklahoma Constitution limited retail package liquor licenses to individuals or general or limited partnerships. The Oklahoma legislature created the limited liability company (LLC) business form in 1992, decades after that constitutional provision was written. Meyer (plaintiff) sought a liquor license for an LLC, but the Oklahoma Alcoholic Beverage Laws Enforcement Commission (defendant) denied the application, ruling LLCs did not qualify. At trial, Meyer's expert testified that an LLC is essentially a partnership and should be treated as one for licensing purposes, and the trial court agreed and ruled for Meyer. The Commission appealed.
Whether a limited liability company is substantially different from a partnership in terms of the liability of its owners or members.