January 3, 2008 - Fort Worth Town Hall Meeting
The Texas Alcoholic Beverage Commission (TABC) will hold a Town Hall Meeting on January 3, 2008, at the Texas Department of Transportation Regional Training Center located at 2501 SW Loop 820 (I-20 & McCart), Fort Worth, Texas, 76133. The meeting will begin at 7:00 p.m.
The TABC works hand in hand with applicants, citizens, and officials to ensure an alcoholic beverage license or permit is issued lawfully and in the best interest of all parties involved.
To enhance the knowledge of the license or permit process, TABC representatives will explain the legal grounds and procedures to protest the issuance of a license or permit. The work of the TABC is not to take sides but to ensure that applicants meet all qualifications required to obtain the license or permit and to protect the safety and welfare of the people of Texas.
View more information about protests below.
Contact: Sergeant Robert Cloud, Fort Worth District Office (817) 451-9466
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WHAT IS A PROTEST?
The Texas Alcoholic Beverage Code (TABC) provides opportunities for citizens and government officials to object to the issuance of a license or permit. The agency calls this process a protest.
The TABC cannot deny a license or permit purely on the basis that a protest has been filed. A protestant must have specific legal grounds to warrant setting a case to be heard before the State Office of Administrative Hearings or the County Judge. The TABC ensures that applicants meet all qualifications to obtain the license or permit, and to protect the health, safety and welfare of the people of the State as outlined in the Alcoholic Beverage Code.
WHAT INFORMATION IS NEEDED?
The protesting party’s petition to the TABC should identify the applicant (by name, trade name, location of premises sought to be licensed, and type of license or permit sought) and request that the license or permit be denied for a stated legal ground, or grounds. For large groups such as neighborhood associations, churches or schools, it is advantageous to select one person as a point of contact. One letter with an attachment of protestant’s names and contact information can be submitted as the protest to the TABC.
The protesting party must attach to the statement or petition specific facts and circumstances that substantiate the legal grounds for refusal of the license or permit.
WHAT ROLE DOES THE TABC PLAY?
TABC’s job is not to take sides but to ensure that applicants meet all qualifications to obtain the license or permit, and to protect the health, safety and welfare of the people of the State as outlined in the Alcoholic Beverage Code. A TABC agent is responsible for investigating the application and information provided and document as much factual information as possible. The agent then forwards the investigation to the TABC Legal Services Division in Austin. If an investigation reveals that legal grounds exist, the Legal Services Division makes the decision to go forward with the protest and schedule a hearing. Sometimes, after the investigation, the agency does not find any grounds for denial. In those cases, the agency attempts to settle the differences, if possible, or may recommend that the protest not go forward and be dismissed for lack of legal grounds.
WHERE, HOW, AND WHEN WILL THE HEARING BE HELD?
The hearing will be held, when possible, as close to the county in which the premises of the business is located. The protesting party will be notified at least ten (10) days in advance of the time and place of the hearing. The hearing will be held according to the rules of the Texas Administrative Procedures Act, (V.T.C.A., Government Code, ยง2001 et seq.). A copy of the statute is available in your local county law library.
WHO WILL HEAR THE PROTEST?
For a permit, a judge designated by the State Office of Administrative Hearings will inform all parties of the time, date, and location for the hearing. The judge will handle all pre-trial matters, make rulings as necessary and conduct the final hearing on its own merits. Permits allow the sale and service of distilled spirits, wine, beer and ale.
For a license, the county judge of the county in which the license is located, acting as an administrative law judge, will hold the hearing in the same manner as for permits. Licenses allow the sale and service of beer, wine and ale.