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).

3 comments:

  1. Hi David! How's it going with this issue? In my opinion, TABC only wants alcoholic beverages to be controlled in a way that alcohol vendors wouldn't sell it to minors and how to handle people when buying alcoholic drinks.

    ReplyDelete
  2. The County Judge ended up revoking the permit because the gas station was in a dry area and because it went against the desire of the peolple in the community. The gas station appealed it and the 9th court of appeals upheld the lower court's ruling to revoke the permit.

    ReplyDelete
  3. the 9th court of appeals said in their ruling that only the people of a community can decide whether or not there are alcohol sales and not a mistake by the county or a business

    ReplyDelete