Wednesday, June 23, 2010

TABC Giving Lumberton Alcohol Case Back to Hardin County Judge to Make Final Decision to Revoke Alcohol Permit

ALL CONSERVATIVES PLEASE UNDERSTAND. NO ONE IN LUMBERTON HAS A DESIRE TO STOP PEOPLE FROM DRINKING. WE IN LUMBERTON JUST FEEL THAT THE PEOPLE SHOULD HAVE LOCAL CONTROL AND HAVE A RIGHT TO DECIDE ON THEIR OWN WHAT TYPES OF ESTABLISHMENTS ARE APPROPRIATE FOR THE COMMUNITY THAT THEY LIVE IN, INSTEAD OF HAVING ONE PERSON OR GOVERNMENT CONTROL THE PEOPLE. THAT IS THE ESSENCE OF BEING CONSERVATIVE AND BELIEVING IN LESS GOVERNMENT CONTROL AND MORE LOCAL CONTROL. THE PEOPLE OF LUMBERTON HAVE VOTED AGAINST ALCOHOL SALES IN THEIR COMMUNITY BECAUSE IT IS A SAFE, QUIET COMMUNITY AND THEY WANT TO KEEP IT THAT WAY. THE FEDERAL GOVERNMENT SHOULD NEVER TRY TO CONTROL A COMMUNITY BUT A COMMUNITY CAN VOTE AND DECIDE THINGS FOR THEIR OWN COMMUNITY AS WAS INTENDED IN THE FOUNDING OF AMERICA. FOR THIS REASON WE BELIEVE THAT THE WISHES OF lUMBERTON SHOULD BE RESPECTED AND THE COUNTY SHOULD CORRECT THEIR WRONG BY REVOKING THE ALCOHOL PERMIT THAT THEY WRONGLY ISSUED. IF THE PEOPLE WERE TO VOTE TO ALLOW ALCOHOL SALES THEN WE WOULD BE FINE WITH THAT BECUASE IT IS THE PEOPLE'S DECISION. BUT AS IT STANDS, THE PEOPLE OF LUMBERTON ARE AGAINST ALCOHOL SALES AND NO GOVERNMENT SHOULD DO AGAINST THE WISHES OF THE LOCAL COMMUNITY.



Please Contact County Judge THIS WEEK and send him a complaint telling him to do the right thing and REVOKE this gas station's alcohol permit that they wrongly issued in a dry area.

Judge Caraway # 409-246-5120

complaint form to send to the Judge http://www.tabc.state.tx.us/forms/legal/LEG-01.doc


As you all know, there is a gas station in Lumberton that is in a dry precinct but is selling alcohol because Hardin County wrongly issued them a permit. The county had previously officially contacted to TABC requesting that the TABC revoke the permit for the gas station. The TABC process is very long and the TABC would not even have been able to hear the case until later this year.

The TABC just recently came up with a better idea. The gas station permit is currently up for renewal. The Hardin County Judge is the person who has the complete authority to renew this alcohol permit. He also has the complete authority to NOT renew this alcohol permit if there is reason not to.

As long as the TABC has a case pending with this gas station, the gas station’s alcohol permit cannot go up for renewal (at which time the County Judge would deny the renewal and correct their mistake)

So instead of waiting half a year for a TABC judge to hear the case, the TABC has officially dropped the case. This will allow the gas station’s alcohol permit to go up for renewal right away and at that time the County Judge can choose not to renew the permit.

This option not only allows the County to correct their mistake internally without the TABC having to go through their process, but it also expedites the process so that this gas station can more quickly have to illegally stop selling in a dry area.

One last thing. For the County Judge to not renew the permit, he must receive a formal complaint from someone with the reason not to renew.

I will submit to the judge the formal letter from the County Clerk and County Attorney in which they officially request the alcohol permit to be revoked.

I encourage all other concerned citizens to submit their own complaint to the County Judge and give reasons to not renew this permit. The main reason of course is that the gas station is selling in a dry area so it is not even legal for them to sell. Other reasons that the Judge can use to not renew the permit are if there are citizens who feel that this gas station selling alcohol would harm the general welfare, health, peace, morals, safety, and sense of decency of the people. Based on previous votes and hearings at the county courthouse, there is sufficient evidence to say that this gas station selling alcohol goes against the wishes of the people of this city and has caused a disturbance of the peace, morals, and sense of decency of the people of Lumberton who have voted overwhelmingly to not allow alcohol sales in their community.



Attached to this email is a copy of the letter from Hardin County Clerk and County Attorney to the TABC in which they request that this gas station have their permit revoked. This letter will be submitted to the County Judge for proof that this gas station is selling in a dry area and it is the wishes of the county clerk and attorney for the Judge not to renew this permit.

Also, at the end of this email is the Texas Law that gives the County Judge the legal ability to deny this alcohol permit based on many other reasons other than the fact that this gas station is selling in a dry area.



If the County chooses not to take this route to revoke this alcohol permit, the county also has the option to file an action against that gas station in district court.



You can Contact the TABC regarding this decision at Emily.Helm@tabc.state.tx.us or Judith.Kennison@tabc.state.tx.us



Sincerely,

David Bellow

409 656 5128

mdbellow@gmail.com





Sec. 61.42. MANDATORY GROUNDS FOR REFUSAL: DIS­TRIBUTOR OR RETAILER. (a) The county judge shall refuse to approve an application for a license as a distributor or retailer if he has reasonable grounds to believe and finds that:

(1) the applicant is a minor;

(2) the applicant is indebted to the state for any taxes, fees, or penalties imposed by this code or by rule of the commission;

(3) the place or manner in which the applicant for a retail dealer's license may conduct his business warrants a refusal of a license based on the general welfare, health, peace, morals, safety, and sense of decency of the people; (so not only does the county have reason to deny the permit because the gas station is selling in a dry area, this Texas Law also gives the Judge the ability to deny based on the general welfare and sense of decency of the people)

(4) the applicant is in the habit of using alcoholic beverages to excess or is mentally or physically incompetent;

(5) the applicant is not a United States citizen or has not been a citizen of Texas for a period of one year immediately preceding the filing of his application, unless he was issued an original or renewal license on or before September 1, 1948;

(6) the applicant was finally convicted of a felony during the five years immediately preceding the filing of his application;

(7) the applicant is not of good moral character or his reputation for being a peaceable, law-abiding citizen in the community where he resides is bad; or

(8) as to a corporation, it is not incorporated under the laws of this state, or at least 51 percent of the corporate stock is not owned at all times by persons who individually are qualified to obtain a license, except that this subdivision does not apply to a holder of any renewal of a distributor's license which was in effect on January 1, 1953, or to an applicant or a beer retailer's on-premise license for a railway car.

(b) The county judge, commission, or administrator shall refuse to approve or issue an original retail dealer's or retail dealer's on-premise license unless the applicant for the license files with the application a certificate issued by the comp­troller of public accounts stating that the applicant holds, or has applied for and satisfies all legal requirements for the issuance of, a sales tax permit for the place of business for which the license is sought.

(c) The county judge, commission, or administrator shall refuse to approve or issue for a period of one year a retail dealer's on-premise license or a wine and beer retailer's permit for a premises where a license or permit has been canceled during the preceding 12 months as a result of a shooting, stabbing, or other violent act, or as a result of an offense involving drugs.

Sec. 61.43. DISCRETIONARY GROUNDS FOR REFUSAL: DIS­TRIBUTOR OR RETAILER. (a) The county judge may refuse to approve an application for a license as a distributor or retailer if the county judge has reasonable grounds to believe and finds that:


(1) the applicant has been finally convicted in a court of competent jurisdiction for the violation of a provision of this code during the two years immediately preceding the filing of an application;

(2) five years has not elapsed since the termination, by pardon or otherwise, of a sentence imposed for conviction of a felony;

(3) the applicant has violated or caused to be violated a provision of this code or a rule or regulation of the commission, for which a suspension was not imposed, during the 12-month period immediately preceding the filing of an application;

(4) the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application;

(5) the applicant for a retail dealer's license does not have an adequate building available at the address for which the license is sought before conducting any activity authorized by the license;

(6) the applicant or a person with whom the applicant is residentially domiciled had an interest in a license or permit which was cancelled or revoked within the 12-month period immediately preceding the filing of an application;

(7) the applicant failed or refused to furnish a true copy of the application to the commission's district office in the district in which the premises sought to be licensed are located;

(8) the premises on which beer is to be sold for on-premises consumption does not have:

(A) running water, if it is available; or

(B) separate free toilets for males and females, properly identified, on the premises for which the license is sought or, if the premises is a restaurant that derives less than 50 percent of its gross revenue from the sale of alcohol, is 2,500 square feet or less, and has an occupancy rating of 50 persons or less, at least one toilet, properly identified, on the premises for which the license is sought;

(9) the applicant for a retail dealer's license will conduct business in a manner contrary to law or in a place or manner conducive to a violation of the law; or

(10) the place, building, or premises for which the license is sought was used for selling alcoholic beverages in violation of the law at any time during the six months immediately preceding the filing of the application or was used, operated, or frequented during that time for a purpose or in a manner which was lewd, immoral, offensive to public decency, or contrary to this code.

(b) Subsection (a)(8) does not apply to an application under this section if the premises for which the application is submitted is part of a larger business complex with multiple tenant or commercial spaces, including a mall, that is open to the public and that offers the facilities required by Subsection (a)(8).

Monday, June 14, 2010

Hardin County Republican, David Bellow, has been Elected to serve on the board that Governs and Manages the Republican Party of Texas

This past weekend at the Texas Republican State Convention in Dallas, Hardin County’s own, David Bellow, was elected to serve as a member on the State Republican Executive Committee. The 62 members of the SREC act as the governing body of the Republican Party of Texas. Over the next 2 years, David Bellow and the other 61 SREC members from around the State of Texas will establish policy for the Party (including placing propositions on the Republican Party Statewide ballot), be responsible for the supervision and management of the Party, and to foster growth in the Party.

On top of the general statewide duties of and SREC member, David Bellow, and his fellow Committeewoman, will serve directly over the 16 counties of State Senate District 3. This area covers from Hardin County up to Tyler and back down to Conroe. Bellow will serve as the liaison between the Republican Party of Texas and the County Chairman of these 16 counties.

Bellow is the youngest Member on the SREC.


From State Senator Robert Nichols:

“Congratulations on your election! You handled yourself very well in your presentation and had everyone excited with your comments. I look forward to working with you in the District as you go about your work. We have a lot of opportunities in SD 3 to convert the remaining primarily Democratic counties to Republican.”

From SREC Member David Bellow:

“I am truly honored to have been elected to serve on the SREC by my fellow Republicans of Senate District 3. I am very excited about this opportunity to re-energize the Texas Republican base in the wake of the election of Liberal President Obama. I will faithfully manage the 16 counties I serve over and will work with the County Republican Chairmen to ensure they have the strategy and resources needed to build the Party within their county and to elect Republicans within their county. Thank You!”

Any Republicans interested helping to build and promote the Republican Party of Texas are welcome to contact David Bellow for further information. You can Be part of the new Republican Revolution as we take back America and restore her to the Christian conservative values she was founded upon!

David Bellow contact info:
409 656 5128
mdbellow@gmail.com
www.DavidBellow.com

Thursday, June 10, 2010

Hardin County Denies Lumberton Man Democratic right to petition government. Facts prove County clearly wrong

Contact:

David Page

409 223 3548

PageDavid62@yahoo.com

450 N. Blanton

Lumberton, TX 77657

June 10th, 2010





Hardin County Wrongfully Denies Lumberton Man the right to collect signatures for a petition to prohibit the sale of alcohol in Lumberton. Facts prove that Hardin County is wrong to deny petition. Democracy and the People’s right to vote are under attack in Hardin County.



David Page, a senior citizen and a long time resident of Lumberton who is not against anyone drinking but just likes Lumberton the way it is as a quiet bedroom community, has submitted an application to circulate a petition to prohibit the sale of alcohol within the city limits of Lumberton so Lumberton can stay dry like it always has been.



The county clerk and the county attorney have flat out denied the application for a petition from David Page. Remember last year when they denied Lumberton the right to vote based on some technical questions about the law. Well the State of Texas changed the law just for Lumberton so they could vote. You would think the county would let Lumberton finally get to vote now right? Wrong!



What was the excuse that Hardin County gave David Page for denying his request for a petition?



County Attorney Rebecca Walton told David Page this week, “You want to get a petition together to dry up Lumberton, but Lumberton is already dry. Lumberton is in JP precinct 5 and it is already dry. Everyone who lives in the city limits of Lumberton is in a double dry area. The city is dry and the JP Precinct 5 is dry. The sale of beer is not legal in Lumberton. Nothing is legal in the city limits of Lumberton”



This is completely and factually false. The county attorney is factually wrong and has wrongly denied this application for a petition. By the County Attorney’s own admission, JP Precinct 3 is wet. It is a fact that parts of the west city limits of Lumberton extend well into JP Precinct 3. This means that there are parts of the city limits of Lumberton that are wet because the western city limits of Lumberton extends into the wet JP precinct 3.

So it is an undisputable fact that there are parts of the Lumberton city limits that it is legal to sale alcohol because it is part of JP Precinct 3. So why did the county lie and say that there is no part of Lumberton that is in wet JP Precinct 3 and therefore there is no part of Lumberton that is wet and so Lumberton cannot vote to be dry. The county denied the petition by lying and saying no part of Lumberton is wet but it is a fact that there are parts of the west Lumberton city limits that alcohol is legal because it is in the wet JP Precinct 3.

Maybe the county did not lie. If the county did not lie, then they are just incompetent and do not know the city boundary lines and they do not know how to read a simple map. Wait, that sounds familiar. Didn’t the county already not know their own county precinct lines? There is a gas station in a dry area of Lumberton that is currently selling alcohol because the county allowed that gas station to sell thinking it was in a wet precinct. The county had to come out later and admit that they made a mistake and that the gas station selling alcohol was actually in a dry area and not allowed to sell. But it was too late and the gas station is still selling. Is this another case of the county not knowing the simple boundary lines of the county?

Commissioner Bobby Franklin lives a stone’s throw away from this gas station that sells alcohol. How could he not know where his own precinct lines end and whether or not the gas station was in his dry precinct? How could Councilman Don Burnett not advise the county that this gas station was in a dry precinct. Burnett was on the committee that decided these precinct lines so he had to know that these gas stations were in a dry precinct and should have never sold alcohol. Furthermore, Don Burnett knows that there is a part of Lumberton city limits that is currently wet and yet this councilman has not informed the county attorney. Instead David Page has informed us that councilman Don Burnett called him last week and tried to get him to not do a petition against alcohol and Don Burnett instead was trying to persuade David Page to do a petition to legalize alcohol.

Something fishy has been going on for quite a while. Now it is finally getting exposed. It is a fact that Lumberton is part of the wet JP Precinct 3. This means it is a fact that part of Lumberton is wet. This means that the county either knows this info and simply lied to David Page, or the County is simply incompetent on more than one occasion when it comes to looking at a simple map to see if the city Limits of Lumberton extends into the wet JP precinct 3. Either way, it is not good for the county that they have wrongfully denied David Page a petition. Even worse they have denied the city residents of Lumberton a chance to vote once again. This mistake is so blatant that the county will not be able to talk themselves out of the big mess they are getting themselves into now.



In the past the county has gotten out of trouble by saying they did not know the boundary lines. Well David Page showed the county attorney the map of Lumberton which clearly shows that the city limits of Lumberton extends in the wet JP precinct 3. Even after seeing the map the county still said Lumberton was all dry and could not vote and they rejected the application for a petition. It is believed that David Page will be getting a lawyer soon to sue the county for wrongfully denying him a petition. The county has no chance of winning because any judge looking at a map would be able to see that the county is wrong. Not only is the county wrong for denying the petition. The county has also stalled long enough to possibly make David Page have to wait until next year to do another vote instead of this year as David Page was going to petition for. So the county’s incompetence is once again keeping the people of Lumberton from voting and there would probably be severe legal repercussions for the county for blatantly wrongfully denying David Page a petition to allow the city to vote.



David Page has provided all of the information contained within this email. David Page can be reached at :



David Page

409 223 3548

450 N. Blanton

Lumberton, TX 77657