Texas Alcoholic Beverage Commission v. Sierra

A divided court of appeals in this case has held that the denial of a wine and beer permit by the County Judge of Orange County, acting as an administrative officer for the Texas Alcoholic Beverage Commission, 1 is not supported by substantial evidence. 2 763 S.W.2d 945. We disagree.

Shirley Lee Sierra applied for an on-premises wine and beer permit for her restaurant. Hearing on Sierra’s application was conducted by the County Judge of Orange County. Six witnesses testified against the application. The central theme of their testimony was that Sierra’s restaurant was located on a dangerous…