Construction is underway at the location where the owners of Total Wine applied for a store, but the state said they are still not licensed to operate there. The building near Southwest 19th Street and Interstate 35 in Moore could be the home to Oklahoma's first Total Wine store, but the company and the state have been in legal limbo, and the lengthy battle isn't over. "There is nothing that's stopping an out-of-state retailer from getting a license. The problem in this case is the business entity they created to apply for the license in Oklahoma is not allowed under the Constitution," said Lori Carter, assistant director and general counsel for the ABLE Commission. >> Download the KOCO 5 App | Subscribe to KOCO 5’s YouTube channelIn 2024, the owners of Total Wine, a liquor store chain with hundreds of locations across the nation, applied for an Oklahoma license to run a store at the Moore location. Their application was denied, and the company and the state have gone through the legal process since then. >> Video Below: ABLE Commission denies petition for Total Wine & More in OklahomaThe case "is sitting in district court in Cleveland County," and is expected to be heard in September, according to Carter. If the judge doesn't rule in the liquor store's favor, it could further complicate the process. "They could go all the way to the Oklahoma Supreme Court and ultimately, to the United States Supreme Court if they chose to do that," Carter said. Records show Total Wine has done that before, winning a case in Tennessee. Those with the ABLE Commission said they aren't trying to keep the store out of Oklahoma. They just want them to apply in a way that fits state statute. "We, as the ABLE Commission, we want robust competition in this market. We do not want to stop business and economic engines from running in Oklahoma," Carter said. >> Video Below: Popular liquor store chain fighting ABLE to open up shop in OklahomaKOCO 5 learned that the owners of Total Wine have applied for the space again in a way that fits state standards. That application is now pending. "There is a lot of speculation that they have also applied for that same retail space. I really can't comment though at this point," Carter said. The liquor store also has applications for a second location on Northwest Expressway. KOCO 5 reached out to Total Wine and its legal counsel but did not hear back. Top Headlines More than 150 people arrested at OKC birthday party for allegedly street racing White Sox unveil a graphic installation honoring Pope Leo XIV and his World Series appearance Strong storms produce hail and tornadoes in parts of Oklahoma on Monday Person taken to hospital after being hit by vehicle in downtown Oklahoma City Thunder's Jalen Williams fined $25K for postgame shirt