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TEXAS ALCOHOLIC BEVERAGE COM'N v. HANCOCK

No. 09-08-107 CV.

269 S.W.3d 685 (2008)

TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. Walter Roy HANCOCK d/b/a Capri Club, Appellee.

Court of Appeals of Texas, Beaumont.

Decided October 9, 2008.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen., Michael C. Crowley, Asst. Atty. Gen., Austin, for appellant.

Allen Parker, The Parker Law Firm, Port Arthur, for appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

The Texas Alcoholic Beverage Commission denied a mixed beverage permit because the application filed by Walter Roy Hancock d/b/a the Capri Club did not contain a certificate from the City of Port Arthur that the location in the application is in a wet area. The trial court reversed the Commission's ruling because the Alcoholic Beverage Code provides that "[o]nce a permit is issued, the certification that the location...

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