Effort to Cut Off Tap of TABC Permits For Beer, Wine Sales Citywide Put Off Till Next Week

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The Texas Alcoholic Beverage Commission is slowly but surely doling out those permits to retailers who want to sell beer and wine in the previously dry parts of Dallas (though none have been issued in the last few days). The lawsuit filed by the parties opposed to the citywide off-premise sale of beer and wine is due before Judge Laurine Blake on January 18, at which time attorneys representing the city, Keep the Dollars in Dallas and those agin the wetting up of Dallas will hash over preliminary matters related to jurisdiction and discovery, among other issues.

But attorneys repping the anti-wet faction, which includes a Dallas Area Rapid Transit board member appointed by the Dallas City Council, are concerned that by the time the judge hears the case, it'll be too late. Which is why, on Friday, Leland de la Garza, who works with Andy Siegel at Shackelford Melton, filed with Judge Blake in Bonham an emergency motion for a temporary order that would have suspended implementation of the permitting process. It follows a similar letter sent to the judge on December 22, the day the TABC sent out that initial release announcing that permits were on their way.

Says the emergency motion, which follows in full: "Unless the court issues an immediate order suspending implementation of the contested measure pending an evidentiary hearing on the Application, a large number of permits authorizing the sale of beer and wine for off-premise consumption will be issued, which will render any ultimate voiding of the contested election of little practical effect since the permits will already have been issued and the TABC's position is that it will not cancel the permits upon the voiding of the election." The permits, incidentally, are good for two years after the date they were issued.

De la Garza, who sent me a copy of that motion moments ago, tells Unfair Park this morning that he went to Bonham to present the TRO Friday afternoon, at which point, he says, "the judge read the paperwork and then, without any hearing, entered an order that denied that relief till she can have a hearing on January 18. So, in effect, the judge decided to stay with the plan." The hearing has been set for 9:30 a.m. one week from tomorrow.

On a related note: For the first time ever, I bought a sixer yesterday at the Tom Thumb in Preston Royal. Two words: Reward. Card. Emergency TRO Filed in Wet-Dry Case
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11 comments
LaceyB
LaceyB

Why was there even a vote on this? The people have spoken, and since then, seems like it's been tied up in court and hard-to-obtain permits.

What brand was your discounted beer? Why opt for the cheapo to celebrate your "first time"?

Marie
Marie

Whole Foods at Preston and Forest was buzzing with beer and wine buyers on Saturday. Even better they were giving out free samples of some really good and cheap bottles of wine. The wine girl said they will be getting rid of the sushi island and installing a huge new beer and wine section this week. Can't wait!

heyheymama
heyheymama

*sigh* still waiting for my Tom Thumb & Albertson's at Marsh & Forest to get theirs...

Lolotehe
Lolotehe

I know the Tom Thumb on Hampton has been full of happy people. Everyone seems a lot more friendly....

Montemalone
Montemalone

The Observer needs to put some interns with cameras to work tailing these anti-libation idiots, and then post a few pics of them standing in line with a cartful of booze.

Plaidthumbtack
Plaidthumbtack

Bought a six pack at Preston & Royal Tom Thumb too and their manager said response was great from customers.

Daniel
Daniel

Attorney Andy Siegel wrote, "Unless you stop issuing permits like right now, I wiIl clench my fists and stamp my feet and scream and cry. I mean, I'm talking, the more impotent I feel, the more enraged I'll become, and the more enraged I become, the more impotent I'll feel. Which then I'll be like really enraged. Petitioner prays for relief."

OakParkStudio
OakParkStudio

Likewise, Robert, I purchased a couple of bottles of wine at my local Tom Thumb at Preston and Beltine. The display was very impressive and many customers like myself were stocking up.

I quizzed a manager who was restocking the beer refrigerators and he says customers have been apoplectic..my word not his.

And he added most have commented that it was about time we stepped into the year 2000 or 2011 rather.

Jay Hawk
Jay Hawk

Just wait. Only a matter of time before the neighborhood goes to the dogs. Preston Hollow will be reduced to the lowest levels of depravity by demon beer and wine.

Mike
Mike

But what he thought was 'I sure hope this never ending appeals money gravy train isn't coming to an end.'

Montemalone
Montemalone

I thought Shrub moved in a couple years ago.

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