Lubbock Buys Xcel Energy in Lubbock

Good bye Xcel Energy (at least in Lubbock) and good bye competition! Today Lubbock announced it was spending $87 million dollars to buy out the Lubbock customer base of Xcel Energy. According to the city, this is great for downtown redevelopment. OK, great.

Mayor Tom Martin was quick to say at the presser that your rates won’t change because of this. Really? Does anyone buy this? LP&L has no competition in Lubbock (for the most part) and we shouldn’t expect rates to change? We shouldn’t expect customer service to change?

I’m sorry but the only people who will benefit from this buy out are the people in charge at City Hall. And how about the timing? The city keeps this whole thing quiet until after the bond election.

So, what do you think?

More on Thursday’s LFN.

ANDY WILSON TO RUN FOR CONGRESS

We now have a Democratic challenger to U.S. Rep. Randy Neugebauer. Andy Wilson, from Lubbock will announce to today that he is running for Congress. Wilson is a Democrat, who according to an article in the reporternews.com, is a “moderate Democrat that truly believes in fiscal responsibility.” If you are a Democrat running for election in west Texas, you better be at least be fiscally responsible. Otherwise, you are just blowing money.

Mr. Wilson will join us in studio Tuesday morning at 8:05am on Lubbock’s First News to discuss the issues and his candidacy.

Below is a copy of his press release. Find out more info on his website: www.istandwithandy.com

Andy Wilson will be announcing his candidacy for the Democratic nomination for the US House of Representatives in the 19th district of Texas on Monday November 2, 2009 at the Mahon Library in the community room in Lubbock, TX at 3:00pm.

A little about Andy, from Andy, follows:

I was born in the great state of Texas and raised in the small Texas town of Bellville by two phenomenal parents. Most of my memories from my youth revolve around fishing and hunting with my Dad, Miles Wilson. He was, and remains to this day, an avid sportsman. My mother, Carolyn Wilson, is a life long educator and both she and my father remain involved in mentoring young people even as they enter their retirement years.

My first trip to West Texas was to register for classes at Texas Tech University and I graduated in 1990 from with a degree in Mechanical Engineering. In ’91 a beautiful young woman named Heidi started to attend the same church where I was a member. A year later we were married and remain committed members of this same body of believers.

Together Heidi and I have raised our 2 sons, Davis, 15, and Keller, 13. For the past 2 years we have also had the wonderful opportunity of helping raise another fine young man, Gene Williams,14. While our life has been good, we have certainly faced some challenges. Primary among these challenges is the fact that our youngest son, Keller, is severely autistic. But together we have faced these challenges with the resolve and optimism that I feel typifies West Texas.

Since graduating Texas Tech, I have spent my entire career in the private sector. For the past 9 years I have been employed by X-FAB Texas, an international semiconductor manufacturer. Heidi, also a graduate of Texas Tech, is a teacher and choir director in the Slaton Independent School District.

Together we call West Texas home and cherish the qualities of the good people of this part of the country — qualities like independence, integrity, hard work and a desire to leave a legacy for the next generations. I believe that our country can benefit from these qualities that are still alive in West Texas. I believe that we need a Representative from this area that can represent and promote the values that have served us so well.

On Monday, Andy will announce his candidacy and outline the platform on which he is running.  The campaign website, www.istandwithandy.com, will also launch Monday with the announcement.

 

LUBBOCK’S DEBT RISING

Lubbock’s debt is on the rise and the SPARTAN (South Plains Area Taxpayer Network) watchdog group is concerned. According to Mikel Ward, the city’s debt has nearly doubled in 3 years.

Lubbock’s current bond indebtedness in principle is $697,635,000. The interest that we owe on that is $310,567,870. Put that together and it adds up to over 1 BILLION DOLLARS. The City is also looking at adding $178,368,437 in new debt after the bond election for water. Oh and that doesn’t have to be voted on. Here is a breakdown from prattontexas.com:

Funding Source                                  Principal              Interest
Property Tax                                  $ 106,303,936         39,168,727
Hotel Tax                                                 1,144,548               606,656
LP&L Revenues                                   81,588,473          33,015,027
TIF Property Tax                                35,092,784         18,435,227
Franchise Fees                                     89,243,719         49,459,810
Enterprise Fund Revenues              384,261,540       169,882,423
TOTAL                                              $ 697,635,000       310,567,870

Mikel Ward also says that, “If Council approves this $178,368,437 & voters pass the $61 million Tuesday, our principal debt alone will be $937 million.  We’re estimating that would increase our annual debt service to around $95 million or about $450 per person every year. I’m concerned we can’t sustain this load.”

So how does Lubbock compare to other cities? I recieved this email from the people at SPARTAN this morning:

I compiled a spreadsheet that shows the bonded debt of all the cities in the South Plains, Panhandle, and Permian Basin.   There were a total of 57 cities that had total bonded debt of $1,914,381,388.00.  Lubbock had $992,316,719.00 of this debt which is $69,933,331.00 more debt than the other 56 cities combined.  The average debt per person of Lubbock residents is $4,566.35 while the average debt for the other 56 cities was $1,235.79 which means Lubbock has almost four times as much debt as the other 56 cities.

Amarillo has $588.95 of debt per person, Odessa has $1,997.90 per person, Abilene has $1,555.61 per person, and Midland has $2020.24 of debt person all of which are less than half of the Lubbock debt load per person.

I was told by a city official that the debt service for Lubbock was approximately $73,600,000.00 per year which amounts to about $339.00 for every man, woman, and child that lives in Lubbock.  This would amount to $1356.00 for a family of four.  This seems like a lot of money to pay for simply paying debt and interest each year.  If debt is so great how come all the other cities have about one-fourth the debt load per person that Lubbock has?

Should we be concerned? Should these figures play a part in your decision making at the polls? I think they should. I think we should be concerned. This is why I’ve been telling you that this isn’t the time to vote for luxury items like soccer fields and splash pads. At some point we will have to pay for all of us this.

More on this on Thursdays LFN.

THE LIST

Here is a list of the first approved licenses to sell alcohol in Lubbock County:

Trade Name    Owner Name    Street Address    Street Address    City    Zip Code
SHALLOWATER TRUCK STOP    ROBLES, MANUEL DEJESUS    7411    HWY 84    SHALLOWATER    793633755
TOM’S    62/82 INVESTMENTS INC.    740    HWY 62/82    WOLFFORTH    79382
TOM’S    62/82 INVESTMENTS INC.    740    HWY 62/82    WOLFFORTH    79382
TOM’S BEER & WINE    62/82 INVESTMENTS INC.    738    HWY 62/82    WOLFFORTH    79382
TOM’S BEER & WINE    62/82 INVESTMENTS INC.    738    HWY 62/82    WOLFFORTH    79382
SHALLOWATER SMOKE SHOP    TAYLOR, BILLY RAY    611    AVE G    SHALLOWATER    79363
THE VILLAGE PANTRY INC.    THE VILLAGE PANTRY INC.    6901    SLIDE ROAD    LUBBOCK    794241537
UNITED SUPERMARKET #506    UNITED SUPERMARKETS L.L.C.    1701    50TH STREET    LUBBOCK    794122701
UNITED SUPERMARKET #506    UNITED SUPERMARKETS L.L.C.    1701    50TH STREET    LUBBOCK    794122701
7-ELEVEN #422    SOUTHWEST CONVENIENCE STORES LLC    2504    98TH STREET    LUBBOCK    79421
7-ELEVEN #421    SOUTHWEST CONVENIENCE STORES LLC    9802    SLIDE    LUBBOCK    79424
7-ELEVEN #420    SOUTHWEST CONVENIENCE STORES LLC    5746    82ND STREET    LUBBOCK    79423
7-ELEVEN #418    SOUTHWEST CONVENIENCE STORES LLC    5802    34TH STREET    LUBBOCK    79407
7-ELEVEN #417    SOUTHWEST CONVENIENCE STORES LLC    6101    19TH STREET    LUBBOCK    79407
7-ELEVEN #416    SOUTHWEST CONVENIENCE STORES LLC    5724    4TH STREET    LUBBOCK    79416
7-ELEVEN #413    SOUTHWEST CONVENIENCE STORES LLC    4324    82ND STREET    LUBBOCK    794231902
7-ELEVEN #412    SOUTHWEST CONVENIENCE STORES LLC    5002    QUAKER AVENUE    LUBBOCK    79423
7-ELEVEN #411    SOUTHWEST CONVENIENCE STORES LLC    8126    UNIVERSITY AVENUE    LUBBOCK    794232246
7-ELEVEN #410    SOUTHWEST CONVENIENCE STORES LLC    8109    INDIANA AVENUE    LUBBOCK    794232018
UNITED SUPERMARKET #537    UNITED SUPERMARKETS L.L.C.    2703    82ND STREET    LUBBOCK    794231429
UNITED SUPERMARKET #537    UNITED SUPERMARKETS L.L.C.    2703    82ND STREET    LUBBOCK    794231429
MARKET STREET #543    UNITED SUPERMARKETS L.L.C.    4205    98TH STREET    LUBBOCK    794233971
UNITED SUPERMARKETS #551    UNITED SUPERMARKETS L.L.C.    8010    FRANKFORD AVENUE    LUBBOCK    794242626
UNITED SUPERMARKETS #551    UNITED SUPERMARKETS L.L.C.    8010    FRANKFORD AVENUE    LUBBOCK    794242626
MARKET STREET #543    UNITED SUPERMARKETS L.L.C.    4205    98TH STREET    LUBBOCK    794233971
UNITED SUPERMARKETS #505    UNITED SUPERMARKETS L.L.C.    401    SLIDE ROAD    LUBBOCK    794164315
UNITED SUPERMARKETS #505    UNITED SUPERMARKETS L.L.C.    401    SLIDE ROAD    LUBBOCK    794164315
NICK STOP    DESAI&PATEL    5812    AVE P ‘B’    LUBBOCK    794123602
7-ELEVEN #400    SOUTHWEST CONVENIENCE STORES LLC    2318    19TH STREET    LUBBOCK    79401
7-ELEVEN #402    SOUTHWEST CONVENIENCE STORES LLC    3802    34TH STREET    LUBBOCK    794102636
7-ELEVEN # 403    SOUTHWEST CONVENIENCE STORES LLC    802    AVE Q    LUBBOCK    794012618
7-ELEVEN #404    SOUTHWEST CONVENIENCE STORES LLC    2608    AVE Q    LUBBOCK    79411
7-ELEVEN #406    SOUTHWEST CONVENIENCE STORES LLC    2102    50TH STREET    LUBBOCK    794122603
7-ELEVEN #423    SOUTHWEST CONVENIENCE STORES LLC    3402    98TH STREET    LUBBOCK    79423
7-ELEVEN #424    SOUTHWEST CONVENIENCE STORES LLC    5001    UNIVERSITY    LUBBOCK    79412
7-ELEVEN #408    SOUTHWEST CONVENIENCE STORES LLC    4401    19TH STREET    LUBBOCK    794072408
7-ELEVEN #409    SOUTHWEST CONVENIENCE STORES LLC    3402    UNIVERSITY    LUBBOCK    79412
RICK’S PLACE    RCA GUARDIAN INC.    6023    82ND ST SUITE 6    LUBBOCK    79424
RICK’S PLACE    RCA GUARDIAN INC.    6023    82ND ST SUITE 6    LUBBOCK    79424
UNITED SUPERMARKET #501    UNITED SUPERMARKETS L.L.C.    2630    PARKWAY DRIVE    LUBBOCK    794034100
UNITED SUPERMARKET #501    UNITED SUPERMARKETS L.L.C.    2630    PARKWAY DRIVE    LUBBOCK    794034100
MARKET STREET #502    UNITED SUPERMARKETS L.L.C.    3405    50TH STREET    LUBBOCK    79413
MARKET STREET #502    UNITED SUPERMARKETS L.L.C.    3405    50TH STREET    LUBBOCK    79413
AMIGOS #503    UNITED SUPERMARKETS L.L.C.    112    N UNIVERSITY    LUBBOCK    794152822
AMIGOS #503    UNITED SUPERMARKETS L.L.C.    112    N UNIVERSITY    LUBBOCK    794152822
UNITED SUPERMARKET #531    UNITED SUPERMARKETS L.L.C.    5001    MARSHA SHARP FREEWAY    LUBBOCK    794072619
UNITED SUPERMARKET #531    UNITED SUPERMARKETS L.L.C.    5001    MARSHA SHARP FREEWAY    LUBBOCK    794072619
FAST STOP 14    HUB CITY CONVENIENCE STORES  INC.    7822    82ND STREET    LUBBOCK    79424
CHISUM TRAVEL CENTER 8    HUB CITY CONVENIENCE STORES  INC.    2611    E SLATON ROAD    LUBBOCK    79404
STRIPES NO. 273    SSP BEVERAGE LLC    533    N FRANKFORD AVENUE    LUBBOCK    79416
STRIPES NO. 221    SSP BEVERAGE LLC    3401    98TH STREET    LUBBOCK    794233832
STRIPES NO. 202    SSP BEVERAGE LLC    806    34TH STREET    LUBBOCK    79404
STRIPES NO. 258    SSP BEVERAGE LLC    6502    19TH STREET    LUBBOCK    794071300
STRIPES NO. 162    SSP BEVERAGE LLC    8112    AVE H    LUBBOCK    794046346
STRIPES NO. 149    SSP BEVERAGE LLC    5801    19TH STREET    LUBBOCK    794071718
STRIPES NO. 110    SSP BEVERAGE LLC    3401    CLOVIS ROAD    LUBBOCK    794151500
STRIPES NO. 99    SSP BEVERAGE LLC    1818    AVE A    LUBBOCK    794015337
STRIPES NO. 42    SSP BEVERAGE LLC    2025    CLOVIS ROAD    LUBBOCK    794153637
BUDDY’S CONVENIENT STORE    SL PETERSON ENTERPRISES INC.    518    50TH STREET    LUBBOCK    794043636
QUALITY LICENSING CORP. (STORE #945)    QUALITY LICENSING CORP.    702    LOOP 289 WEST    LUBBOCK    794164200
QUALITY LICENSING CORP. (STORE #4299)    QUALITY LICENSING CORP.    6315    82ND STREET    LUBBOCK    794240809
MURPHY USA #7427    864 BEVERAGE INC.    6313    82ND STREET    LUBBOCK    79424
QUALITY LICENSING CORP. (STORE #861)    QUALITY LICENSING CORP.    4215    LOOP 289 SOUTH    LUBBOCK    794231100
LUBBOCK INN    ASTRO ENTERPRISES LLC    3901    19TH STREET    LUBBOCK    794101002
4-CORNERS MARKET    Z.N. HENDRIX INC.    8624    W 19TH    LUBBOCK    79407
4-CORNERS MART    Z.N. HENDRIX INC.    701    AVE F    SHALLOWATER    79363
CVS/PHARMACY #7272    E. T. B. INC.    3402    SLIDE ROAD    LUBBOCK    794142542
CVS/PHARMACY #7274    E. T. B. INC.    3401    82ND STREET    LUBBOCK    794231715
CVS/PHARMACY #7811    E. T. B. INC.    5805    82ND STREET    LUBBOCK    794243618
CVS/PHARMACY #7830    E. T. B. INC.    5208    98TH STREET    LUBBOCK    794244493
CVS/PHARMACY #8340    E. T. B. INC.    6420    19TH STREET    LUBBOCK    794071406
VALERO CORNER STORE # 1458    BIG DIAMOND INC.    1129    LOOP 289 SOUTHEAST    LUBBOCK    794046003
VALERO CORNER STORE # 1457    BIG DIAMOND INC.    5720    SPUR 327    LUBBOCK    794241250
DIAMOND SHAMROCK CORNER STORE # 1456    BIG DIAMOND INC.    6425    19TH STREET    LUBBOCK    794071405
VALERO CORNER STORE # 1455    BIG DIAMOND INC.    7201    INDIANA AVENUE    LUBBOCK    794231316
VALERO CORNER STORE # 1453    BIG DIAMOND INC.    5113    82ND STREET    LUBBOCK    794243025
VALERO CORNER STORE #1452    BIG DIAMOND INC.    5002    SLIDE ROAD    LUBBOCK    794143720
VALERO CORNER STORE# 1449    BIG DIAMOND INC.    2815    SLIDE ROAD    LUBBOCK    794072601
VALERO CORNER STORE # 1447    BIG DIAMOND INC.    2017    50TH STREET    LUBBOCK    794122707
VALERO CORNER STORE # 1448    BIG DIAMOND INC.    2501    82ND STREET    LUBBOCK    794232249
STRIPES NO. 35    SSP BEVERAGE LLC    1601    19TH STREET    LUBBOCK    79401
FAST STOP 9    HUB CITY CONVENIENCE STORES  INC.    5901    34TH STREET    LUBBOCK    79407
LOWE’S #82    PAY AND SAVE INC.    5725    19TH STREET    LUBBOCK    79407
LOWE’S #81    PAY AND SAVE INC.    8208    SLIDE ROAD    LUBBOCK    79424
PINKIE’S #45    PINKIE’S INC.    5212    57TH ST SUITE 200    LUBBOCK    79414
UNIVERSITY LIQUOR    HARLAN, GREGORY KIRK    7301    UNIVERSITY AVENUE SUITE 900    LUBBOCK    794231465
UNIVERSITY LIQUOR    HARLAN, GREGORY KIRK    7301    UNIVERSITY AVENUE SUITE 900    LUBBOCK    794231465
GATOR’S BAYOU    CHILI DIPPERS LLC    5217    98TH STREET SUITE 100    LUBBOCK    79724
QUALITY LICENSING CORP. (STORE #8270)    QUALITY LICENSING CORP.    4304    W LOOP 289    LUBBOCK    794073730
7-ELEVEN #401    SOUTHWEST CONVENIENCE STORES LLC    2902    4TH STREET    LUBBOCK    794153206
7-ELEVEN #414    SOUTHWEST CONVENIENCE STORES LLC    2423    4TH STREET    LUBBOCK    79415
E-Z MART # 699    E-Z MART STORES INC.    5702    4TH STREET    LUBBOCK    79416
E-Z MART #696    E-Z MART STORES INC.    6413    FRANKFORD AVENUE    LUBBOCK    79424
E-Z MART #241    E-Z MART STORES INC.    4426    34TH STREET    LUBBOCK    79410
E-Z MART #248    E-Z MART STORES INC.    5444    50TH STREET    LUBBOCK    79414
STRIPES NO. 222    SSP BEVERAGE LLC    4315    LOOP 289 NORTH    LUBBOCK    794155200
STRIPES # 206    SSP BEVERAGE LLC    202    50TH STREET    LUBBOCK    794043630
E-Z MART #339    E-Z MART STORES INC.    7402    QUAKER AVENUE    LUBBOCK    79424

TABC THROWS OUT PROTESTS…WILL ISSUE LICENSES WITHIN DAYS.

From the TABC:

FOR IMMEDIATE RELEASE September 2, 2009

The Texas Alcoholic Beverage Commission (TABC) has received several
protests regarding applications for new licenses and permits in Lubbock
County since a local option election was held on May 9, 2009. The basis
for these protests is the allegation that the applications were
incorrectly certified as being wet for the sale of alcoholic beverages.

By policy and law, before TABC processes a license or permit
application, the city and county must certify the application as being
at a location that is wet for that type of permit. TABC issues licenses
and permits based on the wet-dry certification from the city and county.
TABC’s role is not to determine whether a location is wet or dry.

Previously, the agency has said that any disagreement with the city or
county’s wet-dry certification would be settled through a protest
hearing process during which the TABC Administrator has final
decision-making authority.

However, upon further review of the agency policy and the protests
themselves, TABC Administrator Alan Steen has determined that using the
protest process to determine local wet/dry status is beyond the agency’s
authority.

Administrator Alan Steen stated that “The Legislature’s intent was for
local communities to determine wet/dry status. It was not their intent
to have this state agency second-guess or overturn the wet/dry
determination of the city or county officials.” Furthermore, he said,
“It is also my opinion that the people of Lubbock have ample opportunity
to dispute the local legal decisions within their own local court
systems. The protestants have the ability to file an injunction to stop
TABC from issuing permits until a court rules on the case.”

Any protests filed in Texas based solely on incorrect wet/dry
certification will be dismissed. The agency’s protest policy will be
revised to reflect this decision so that future protests may be
dismissed in a timely manner.

TABC expects to begin issuing licenses and permits within days for
authorized applicants and locations.

LFN AMMO REPORT 8.28.09

Every Friday Lubbock’s First News will bring you the LFN Ammo Report at 8am. This is where we give you the information on where to find ammo and how much it cost. Of course, this information could change day to day and we only get information from 3-4 places each week so keep that in mind. Here is this weeks LFN Ammo Report(numbers gathered on Thursday):

Big 5 Sports: NO LONGER PARTICIPATING.

Academy: 9mm- IN STOCK $11.99-24.99, 380-NONE in stock, .22-IN STOCK $6.49 -$10.99, .40-IN STOCK $24.99 – $29.99, .357-IN STOCK $19.99, .45-IN STOCK $18.99 – $22.99

Sharp Shooters(limit 2-5 boxes): 9mm-IN STOCK for $13.95-$60.00, 380-IN STOCK for $38.00-$40.00, .22 ammo-IN STOCK for $3.95-$39.95,.40-IN STOCK for $27.00-$75.00, .357-IN STOCK for $31.00-$50.00, .45-IN STOCK for $23.00-$49.95

LSG Tactical Arms: 9mm-IN STOCK for $14.00-$45.00, 380-NONE IN STOCK, .22-IN STOCK for $2.95-$35.00,.40-IN STOCK for $17.00-$30.00, .357-IN STOCK for $25.00-$45.00, .45-IN STOCK for $30.00-$50.00

Gander Mountain (all prices $14.99 and up): 9mm-IN STOCK, 380-IN STOCK, .22-IN STOCK for $2.00+.40-IN STOCK .357-IN STOCK, .45-IN STOCK

TABC ISSUES STATEMENT, MAJOR DELAY IN ALCOHOL SALES

FROM THE TABC:

FOR IMMEDIATE RELEASE   August 20, 2009

Citizen Protests Delay Processing of TABC Permit Applications in Lubbock County

A countywide local option election was held in Lubbock County on May 9, 2009, legalizing the sale of:
-Alcoholic beverages for off-premises consumption (e.g., beer, wine and spirits in grocery stores, convenience stores and liquor stores)
-Alcoholic beverages for on-premises consumption in a restaurant that holds a food and beverage certification (e.g., beer, wine and spirits in restaurants)

Following the election, because of zoning issues, a temporary restraining order in the City of Lubbock prevented any permits from being issued within the city limits for several months. That restraining order was lifted on August 10, 2009.

However, delays will continue for businesses in Lubbock County. TABC has received three general protests, as well as several specific protests, regarding applications for new licenses and permits for locations in the county.

The basis for these protests is this: There is some disagreement among the citizens of Lubbock County (including within the City of Lubbock) over how to interpret a law that says that the wet/dry status resulting from a city or Justice of the Peace (JP) precinct election prevails against the status resulting from a countywide election. See Section 251.73 of the Alcoholic Beverage Code below.

Both sides of the disagreement have a legitimate claim, and it is a disagreement that will be settled in a court of law by a judge. TABC will take a neutral stance throughout the process.

Any application in the county for permit types that were not already legal prior to the May election could be subject to a protest hearing which will delay, or possibly stop, the issuance of the permit.

Protest hearings will be held in the City of Lubbock, either before the Lubbock County Judge or before the State Office of Administrative Hearings (SOAH), depending on the type of license or permit involved.

“We recognize the sense of urgency on the part of the business owners and the community when it comes to having this issue settled, and we will move forward as quickly as possible.” said Public Information Officer Carolyn Beck. “Although the ballot measures passed with an overwhelming majority, TABC cannot issue permits without following the law.”

Because of the complexity of the issues, it could be several weeks before a hearing is scheduled. Because of full court dockets, it could be several months before any hearings take place.

“People on both sides of the issue feel very strongly,” continued Beck, “and both the protestants and the applicants will be given the opportunity to be heard by a judge. Our agency is committed to facilitating a fair and transparent process and keeping the citizens of the county informed as it moves forward. Unfortunately, it is unlikely that the issue will be resolved quickly.”

Following the May 9th election, prior to protests being filed, several permits had already been issued in Lubbock County that were new permit types for the communities: Goble Supply Auto & AG Supply in Abernathy (wine and beer off-premises); Rick’s Place – Liquor in Wolfforth (package store and beer off-premises); Kwik Stop in Wolfforth (package store and beer off-premises); Cagle Steaks outside Lubbock city limits (mixed beverage in a restaurant). If a judge rules that these areas are dry, it is unclear at this time what will happen to these permits. However, TABC does not have the legal authority to cancel a permit without the permit holder being given an opportunity to be heard before a judge.

Contact:   Carolyn Beck, Public Information Officer, 512-206-3347

Additional Information

Wet-Dry Certification
Before TABC processes a license or permit application, the city and county must certify the application as being at a location that is wet for that type of permit. TABC issues licenses and permits based on the wet-dry certification from the city and county. TABC’s role is not to determine whether a location is wet or dry. Any disagreement with the city or county’s wet-dry certification will be settled through a hearing process.

Relevant Excerpt from the Alcoholic Beverage Code
Sec. 251.73. Prevailing Status: Resolution of Conflicts. To insure that each voter has the maximum possible control over the status of the sale of alcoholic beverages in the area where he resides:
(1) the status that resulted from or is the result of a duly called election for an incorporated city or town prevails against the status that resulted from or is the result of a duly called election in a justice precinct or county in which the incorporated city or town, or any part of it is contained; and
(2) the status that resulted or is the result of a duly called election for a justice precinct prevails against the status that resulted from or is the result of a duly called election in an incorporated city or town in which the justice precinct is wholly contained or in a county in which the justice precinct is located.

What is a Protest?
The Texas Alcoholic Beverage Code provides opportunities for citizens and government officials to object to the issuance of a license or permit. The agency calls this process a protest.

Most of the grounds for refusal or denial of a license or a permit can be determined by TABC as part of the application process. If legal grounds exist and are found during that process, the applicant may be disqualified.

Some grounds exist for refusal or denial that are subject to interpretation on the basis of the facts involved.

What Role Does TABC Play?
It is the policy of TABC to provide every interested person, including TABC employees, government officials and citizens of Texas, a full and fair opportunity to object to the issuance of an alcoholic beverage license or permit based upon legal grounds established under the Texas Alcoholic Beverage Code or other law.

In service to this policy, TABC establishes a process by which protests to license and permit applications may be resolved in an efficient, timely, and consistent manner, giving due regard to the legal rights and interests of the agency, industry, other government units, and the public.

TABC’s job is not to take sides but to ensure that applicants meet all qualifications to obtain the license or permit as outlined in the Alcoholic Beverage Code.

Protest Hearings
In this case, protest hearings will be held in Lubbock County. The protesting party will be notified at least 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, §2001 et seq.).

For a liquor permit, a judge designated by the State Office of Administrative Hearings (SOAH) 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.

For a beer or beer/wine license, the county judge, acting as an administrative law judge, will hold the hearing in the same manner as for permits.

In this case, because TABC will be a neutral party to the protests, both sides will have the opportunity to present evidence to the judge – the protestants and the applicants. A hearing on a single applicant is not likely to last more than a day.

The judge will have up to 60 days to file a ruling (proposal for decision), and then each side will have up to 15 days to file objections, and then another 15 days to respond to the opposing side’s objections. TABC Administrator Alan Steen makes the final decision, typically signing an order that concurs with the judge’s proposal for decision. Both sides are given 20 days to request a rehearing. If the application is denied and a request for rehearing is denied, the applicant may appeal to district court. If the application is approved and a request for rehearing is denied, there is no opportunity for the protestant to appeal.

DON WORKMAN DOESN’T WANT YOU TO BUY ALCOHOL

I will start off by saying I’ve never met Don Workman. I’m sure he’s a nice man who is deeply devoted to God and his Church. I’m sure he means well and only wants the best for his City, State, and Country.

That being said…

He’s trying to rob you of your vote Lubbock. Today I recieved the protest forms from the TABC office in Austin, and Don Workman along with Lauran Collins (both of Lubbock, though Workman used to live in Hockley County) are the 2 people in Lubbock protesting the election.

By the way Don Workman is a liar since he told KCBD that he was doing research for the parties. Turns out he was one of those parties.

Collins is using an ad from a 1950’s era AJ calling for people to vote against intoxicating beverages as her reasoning. Here is part of her statement:

Lubbock a local option election was believed held on August 6, 1950. Complainant has a copy of a petition printed in the Lubbock Avalanche Journal listing citizens requesting a “vote against the sale of all intoxicating beverages Saturday August 6.” The clipping did not have a year nor indicate if it was a county-wide or city of Lubbock option. Thus option was believed to have been held in the early 50’s. This should be of public record but complainant has not obtained the details as of this date.

Nothing solid there. From what I hear the TABC should have on record every election dealing with alcohol on record.

**UPDATE** The Collins protest was prepared by the same attorney that represents the Lubbock Area Baptist Association (LABA). His name, Craig Brummett.

There are also protests from people in Abernathy, Slaton, and New Deal. We will get to those on the show tomorrow.

More on this later and on the show.

LABA ISN’T DONE YET

This morning on LFN we spoke with John Hatch of Texas Petition Strategies (podcast) regarding a possible new delay in issueing permits for businesses to sell alcohol in Lubbock. Apparently LABA (Lubbock Area Baptist Association) and a man named Don Workman are working to prevent everything from moving forward. 2 protests have been filed with the TABC challenging the election, and we should know today whether the TABC will hear the protest or not.

It’s time for Workman and LABA to get out of the way and recognize the will of the people. The people in Lubbock County and the City of Lubbock spoke on this issue and the vote wasn’t even close. This is the work of desperate men (and women for you P.C. people) who are trying to cling to a power they once had in Lubbock. Now, they can use the legal system all they want. I don’t want their rights taken away. However, they must look at the future. By continuing this fight all they are doing is bringing a bad name to themselves and to LABA. Even if there was a re-vote in Lubbock, it would be a crushing defeat for LABA. Why not focus on other issues facing Lubbock?

Workman and LABA are no better than the liberals trying to force Healthcare down our throats. Just like the Democrats, they aren’t listening to you, the people. They are trying to force their ideals on the whole city.

The people have spoken. You may not agree with the results, you may not like the results, but it’s time to move on. The longer this goes on, the worse LABA, Workman, and others will look.

To hear this morning’s interview with John Hatch click HERE.

CITY OF LUBBOCK NAMES JUDGE SAM MEDINA CITY ATTORNEY

From the City of Lubbock:

Council Hires City Attorney

The Lubbock City Council has named Judge Sam Medina as Lubbock’s City Attorney, effective October 1.  Judge Sam Medina currently serves as the 237th State Judicial District Court Judge.

Medina was raised in Crosbyton, graduated from Texas Tech Law School, was in private practice from 1976 to 1995, and was the first Hispanic to be elected to a county-wide position in Lubbock County when, in 1995, he became judge of the County Court at Law No. 1.  Judge Medina has served as the 237th State Judicial District Court Judge since 1999.

Mayor Tom Martin says, “We are proud to have the judge with us here at the City.  His integrity, demeanor, and experience are a great asset to City staff, the City Council, the Mayor, and the community as a whole.”