Appointed Judge and County Commissioner Larry Traweek issued a judgment Tuesday granting renewal of the alcohol sales permit of the Food Plaza located on Southside Drive in Brownwood. The decision to grant the renewal was a result of a special hearing held on August 19th where the City of Brownwood and Brownwood ISD had previously issued protests of the permit’s renewal.
According to the order granting Food Plaza renewal of the permit, Traweek cites the previous ruling by Judge Cavanaugh as specifically finding that the premises in question satisfied the requirement regarding distances from the nearest school and no appeal had been filed which made the previous judgment final.
The order stated, “The court further finds that prior to the hearing…the Sheriff of Brown County and the Chief of Police of the City of Brownwood had been notified as is required by the Code. Although properly notified of the hearing, the City of Brownwood did not respond or appear.”
The Texas Alcoholic Beverage Commission Code was also cited, “if at the time an original alcoholic beverage permit or license is granted for a premises, the premises satisfies the requirements regarding the distance from schools, churches, and other types of premises established in this code and any other law or ordinance of the state or a political subdivision of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.”
Regarding the decision, Steve Fryar of P. F. & E. stated, “I’m just glad it’s done.” Fryar declined further comment.
The City of Brownwood brought a lengthy discussion to the proceedings of the August 19th hearing stating that the city code required measurement to be across the intersection which was disputed by P.F. & E.’s attorney, who also stated that the Brownwood Alternative High School was not a school.
“We’re disappointed in the ruling,” stated Brownwood City Manager Bobby Rountree. “We will review the ruling with the city council in executive session next Tuesday.”
Although the BISD was not legally an entity that had to be informed of the original hearing, they also joined the City of Brownwood and filed a protest against the renewal of the permit. BISD officials were present during the hearing and school Superintendent Dr. Reece Blincoe even played a part in the hearing as a witness who testified to the Brownwood Alternative School being a valid school. Blincoe explained during the hearing 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.
“I’m disappointed but in my heart, I’m not surprised of the decision,” stated Blincoe. “I felt like the deck was stacked against us and we were battling uphill the whole time.”
Blincoe further stated that he believed the decision was different than what the audience at the hearing understood.
“The truth came out in the courtroom,” stated Blincoe. “Since the hearing, I’ve had tons of praises for standing up for the kids and doing what is right. As much as I’ve heard, we won in the courtroom.”
The alcohol sales permit will be renewed through the Texas Alcoholic Beverage Commission as a result of the ruling.
