Thursday afternoon, P.F. & E. Oil Company defended protests by the City of Brownwood and the Brownwood ISD regarding the renewal of an alcoholic beverage permit at the company’s Food Plaza Store at 2800 Southside Drive in Brownwood.
County Commissioner Larry Traweek was appointed Administrative Hearings Officer after conflicts of interest caused County Judge Ray West and later Justice of the Peace Jim Cavanaugh to recuse themselves from the case.
“Rules by the TABC allow judges to sit like Traweek and to have outside counsel to assist in legal procedural aspects,” stated Shane Britton. “I don’t think anyone who runs for commissioner ever envisions that they would ever serve as a judge.”
Brownwood City Attorney Pat Chesser, who represents the city and the Brownwood ISD in the hearing, maintains that the sale of alcohol at that store is in violation of Brownwood City Ordinance 511, prohibiting the alcohol sales within 300 feet of a public school. Chesser says the city and the school district were not included in the prior notification of a hearing, which prevented them from presenting their objections to the issuance of the permit to the state alcoholic beverage commission on July 24, 2009.
P.F. & E. attorney Ronald Monshaugen of Houston asked for a dismissal of the protests and maintained that the hearing’s legal notification requirements were met and there were no protests for the alcohol permit. Since there were no objections on record, that store was issued a permit to sell alcohol.
During the previous hearing, Judge Jim Cavanaugh ruled that the Brownwood Alternative High School was not qualified as a school, that the distance was over the 300’ requirement, and because there were no objections on record, that store was issued a permit to sell alcohol.
Brownwood ISD Superintendent Reece Blincoe testified that the school was qualified because, although it is not traditional, it is still funded by the public and falls under the same guidelines as any other public school, has a principal and counselors, has a campus number, and that it adheres to all requirements for state funding.
Monshaugen called Brownwood City Engineer Don Hatcher to the stand since it was Hatcher who certified the measurements for legal purposes. Hatcher testified that the BISD property is 72 feet from the Food Plaza property line to the school property line. Monshaugen questioned the methods used to make the measurement while city attorney Pat Chesser entered evidence that Hatcher made the measurements based on what the city ordinance requires.
After nearly 4 hours of testimonies, exhibits, and final arguments; Judge Traweek stated that he would take everything into consideration and finalize his decision within two weeks.
