Q: Where a legal issue has arisen but the law was silent ? The superceded statute Is Title 37A sec 2-139. See c (2) chang
I have a lawfully purchased beer license. Oklahoma voted in new beer laws. The law was silent on the licenses that were purchased prior to the change in law but continued to be lawful. As a result my licenses were seized and now the law says my license was transferred to a new license which supports my case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Oklahoma
- (405) 266-0360
- View Profile
- Answered
A:
If it is alleged you violated the law by not having the appropriate license, you will benefit greatly by contacting an attorney who can evaluate your situation against the law before and after the 2018 amendments.
The 2018 laws made it clear that upon the effective date of said law all establishments selling alcohol (including low-point beer) must have a license issued by ABLE. So, a low-point beer permit/license issued by a county prior to 2018 that did not contain an expiration date during or prior to 2018 still effectively expired in 2018. The type of activity you had a permit for prior to 2018 now falls under a new type of license issued by ABLE, but the county low-point beer permit did not automatically converted to said ABLE license. You were required to apply for the new license from ABLE.
The paragraph above should not be interpreted to say you do not have a defense. Contact an attorney and provide the attorney with all of the facts and circumstances so he or she can evaluate your case and provide you advise and representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
