Tri-Con, Inc. D/B/A Exxpress Mart v. Texas Alcoholic Beverage Commission

MEMORANDUMOPINION

Tri-Con, Inc., d/b/a Exxpress Mart No. 14, appeals from the denial of Tri-Con’s renewal application for a wine and beer retailer’s off-premise permit. See Tex. Alco. Bev. Code Ann. § 26.01 (West Supp. 2010). The City Secretary of Lumberton, Texas, and the Hardin County Clerk certified in December 2008 and January 2009, respectively, that Exxpress Mart No. 14 was located in a wet area. The Texas Alcoholic Beverage Commission (TABC) issued a permit to Tri-Con in February 2009 with an expiration date one year later. In January 2010, Tri-Con filed an application to renew its permit with the TABC. A protest was filed. The county judge, acting in his administrative capacity as a hearing officer for the TABC, denied Tri-Con’s application. See Tex. Alco. Bev. Code Ann. §§ 61.31, 61.32 (West 2007); Garza v. Tex. Alcoholic Beverage Comm’n, 138 S.W.3d 609, 613 (Tex. App.-Houston [14th Dist.] 2004, no pet.) (county judge as administrative hearing officer for TABC). Tri-Con appealed to the district court. Tex. Alco. Bev. Code Ann. § 1167(a) (West 2007). That court affirmed the denial of Tri-Con’s application. See Tex. Alco. Bev. Code Ann. § 61.34 (West 2007). Tri-Con then appealed to this Court.