Brantley v. Texas Alcoholic Beverage Commission

1 S.W.3d 343, 1999 Tex. App. LEXIS 6526, 1999 WL 670955
CourtCourt of Appeals of Texas
DecidedAugust 31, 1999
DocketNo. 06-99-00051-CV
StatusPublished
Cited by9 cases

This text of 1 S.W.3d 343 (Brantley v. Texas Alcoholic Beverage Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brantley v. Texas Alcoholic Beverage Commission, 1 S.W.3d 343, 1999 Tex. App. LEXIS 6526, 1999 WL 670955 (Tex. Ct. App. 1999).

Opinion

[345]*345OPINION

Opinion by

Chief Justice CORNELIUS.

Joyce L. Brantley d/b/a Boots & Saddle Club (Brantley) appeals from the district court’s decision upholding the Texas Alcoholic Beverage Commission’s (TABC) denial of Brantley’s application for a beer retailer’s on-premise and late hours license. We affirm the judgment of the district court.

In 1998, Brantley filed an application ■with the TABC for a beer retailer’s on-premise and late hours license. The county judge of Montgomery County subsequently conducted an administrative hearing on the matter, and protesters intervened. Through the testimony of the protesters it was revealed that the proposed location of Brantley’s club is in a noncommercial, residential area across the street from the homes of eight families. Several schools are located nearby, and children are frequently in the area. Concerned citizens, school officials, and a county commissioner all wrote letters opposing the issuance of the license, while Brantley presented a petition of support ■with over two hundred signatures. On October 30, 1998, the county judge denied Brantley’s application pursuant to Tex. Alco. Bev.Code Ann. § 61.42(a)(3) (Vernon 1995) on the ground that “the place or manner in which the applicant ... may conduct his business warrants a refusal of a license based on the general welfare, health, peace, morals, safety, and sense of decency of the people.” Brantley filed a motion for rehearing and a request for additional findings of fact, which the county judge denied.

On December 3, 1998, Brantley petitioned for review in the 9th Judicial District Court of Montgomery County. The district court reversed and remanded the cause to the county court, ordering the county judge to make findings of fact in support of his administrative decision. On remand, the county judge reiterated his prior conclusion that the general welfare of the people warranted denial of the license pursuant to Tex. Alco. Bev.Code Ann. § 61.42(a)(3). In support of his conclusion, the county judge stated that the proposed club “will be located in the middle of residential areas clearly effecting [sic] the quality of life and safety of children and adults,” and “there are no other commercial businesses of any type located in this area.” Moreover, the judge cited a second ground for denying the license, i.e., “the applicant ... does not have an adequate building available” pursuant to Tex. Alco. Bev.Code Ann. § 61.43(a)(5) (Vernon Supp. 1999). The court stated: “In viewing this establishment, it was determined that there is not adequate parking facilities to accommodate the patrons on busy nights or during special events.” In response to these new findings, Brantley filed another motion for rehearing and a request for additional findings of fact, which the court denied.

On February 22, 1999, Brantley again petitioned for review in the district court, and on March 2 the district court affirmed the county court’s order denying the license.

Brantley asserts multiple contentions on appeal that can be grouped into three basic points. She contends that the county judge’s decision was erroneous because (1) it was not accompanied by a concise and explicit statement of the underlying facts supporting the findings; (2) it did not include findings of fact based only on the evidence and on matters that are officially noticed; and (3) it was not reasonably supported by substantial evidence.

In passing upon an application for a license to sell beer, the county judge acts in an administrative capacity as part of the licensing process of the TABC. Lindsay v. Sterling, 690 S.W.2d 560, 562 (Tex.1985). The Administrative Procedure Act (APA) sets forth the statutory requirements for the form of administrative decisions in contested cases. Tex. Gov’t Code Ann. § 2001.141 (Vernon Pamph.1999). Section 2001.141(b) of the APA declares that such [346]*346administrative decisions “must include findings of fact and conclusions of law, separately stated.” Section 2001.141(d) further provides that findings of fact that are set forth in statutory language “must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.”

The first issue is whether the county judge supported the statutory findings with a statement of the underlying facts as is required by Section 2001.141(b) and (d) of the APA. Although all administrative decisions in contested cases must include fact findings, no precise form is required for stating the underlying facts. Goeke v. Houston Lighting & Power Co., 797 S.W.2d 12, 15 (Tex.1990). Indeed, the Texas Supreme Court has made it clear that reviewing courts should not subject administrative decisions to a “hypertechnical standard of review.” Goeke v. Houston Lighting & Power Co., 797 S.W.2d at 15 (citing State Banking Bd. v. Allied Bank Marble Falls, 748 S.W.2d 447, 448 (Tex.1988)). It is only required that the fact findings inform the parties and the courts of the basis for the decision so the parties may intelligently prepare an appeal and the courts may properly exercise their review. Goeke v. Houston Lighting & Power Co., 797 S.W.2d at 15.

On remand the county judge in this case stated two conclusions of law and properly included findings of fact, separately stated, for each conclusion. These findings of fact satisfy the purposes of Section 2001.141 of the APA by informing the parties and the reviewing courts of the basis for the decision so the parties may intelligently present an appeal and the courts may properly review the decision. Specifically, the county judge made findings that Brantley’s club “will be located in the middle of residential areas clearly effecting [sic] the quality of life and safety of children and adults,” and “there are no other commercial businesses of any type located in this area.” Moreover, the court stated that “there is not adequate parking facilities to accommodate the patrons on busy nights or during special events.” These findings adequately show the basis for the decision. We conclude that the county court satisfied the requirements of Section 2001.141(b) and (d) of the APA.

The next issue is whether the county judge’s findings of fact are based on the evidence. Section 2001.141(c) of the APA requires that administrative decisions include findings of fact “based only on the evidence and on matters that are officially noticed.” This requirement is designed to protect the fundamental due process rights of parties in the administrative process. West Texas Util. Co. v. Office of Pub. Util. Counsel, 896 S.W.2d 261 (Tex.App.-Austin 1995, no writ).

The county judge’s legal conclusion that “the applicant ... does not have an adequate building available” is apparently based on the court’s personal viewing of the proposed location.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
1 S.W.3d 343, 1999 Tex. App. LEXIS 6526, 1999 WL 670955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brantley-v-texas-alcoholic-beverage-commission-texapp-1999.