By Matt Smith/msmith@trcle.com
A petition calling for a local-option election to legalize the sale of liquor for off-premise consumption in Rio Vista will be presented to the Johnson County Commissioners Court on Aug. 21, said Patty Bourgeois, Johnson County Elections administrator.
Bourgeois confirmed that Brenda Hall, a Rio Vista resident, turned the petition into her office. A November local option would mark Rio Vista’s sixth election on the matter in four years.
“You’ve got to be kidding me,” county Commissioner John Matthews said when informed of the petition.
He said he is not pleased with the situation, but commissioners are powerless to stop it.
“If the petition is found to be a legal petition though, the county is obligated to hold that election. But the court has made the decision that all future elections in Rio Vista regarding alcohol will be paid for by the city 100 percent,” Matthews said.
Commissioners voted last month to bill Rio Vista $4,469.67 for the cost of May’s liquor option election.
The first five
Rio Vista residents voted the measure down three times and approved it twice.
A judge voided the first election, in which voters approved the measure, based on illegal votes.
The judge in that case ordered another election, and voters turned the measure down.
The measure once again won approval in a subsequent election held in May.
Another judge ruled that election void based on a finding that one person who signed the application for a local option election petition was unqualified to do so.
Had supporters collected more than the 10 signatures required, the election might not have been ruled void.
Hall said she made sure to collect extra signatures this time around.
“We’ve checked the names, and they check out,” Bourgeois said. “Unless we get something back from the state indicating one of the signers might be a possible felon, we can’t do anything else.”
The judge in last case did not call for a new election, which barred holding another election on the same matter for a year.
But the Texas Election Code allows another election within less than a year if the measure is worded differently, said County Attorney Bill Moore, as long as the wording of measure uses one of the several examples of statutory language provided in the code.
Still open
Rio Vista Liquor and John’s Beer & Wine remain open despite the court’s ruling voiding May’s election.
“People tell me they thought we’d shut down or ask if we plan to reopen,” said Wendy Hall, owner of Rio Vista Liquor. “But we’re still here. We never closed.”
Hall said she plans to remain open while she awaits a ruling from the Texas Alcoholic Beverage Commission.
“No one can shut us down except for TABC,” said Wendy Hall. “And right now our attorney is working with the attorney general in Austin as to when a hearing can be scheduled to be heard.”
Should voters approve the sale of liquor in November, and the election results stand, the matter with TABC will become moot, Wendy Hall said.
She said she’s optimistic about November’s election.
“I’m pretty confident other than the fact I know everyone in town is sick and tired of these elections,” Hall said. “But everyone I’ve talked to seems supportive of the idea.”
Cleburne beer and wine sales — something Cleburne voters approved in May — have so far not adversely affected her business, Wendy Hall said.
“It’s had some affect,” she said. “But we don’t really cater to the beer people anyway. We just have it here for convenience.”
Alvarado beer and wine?
Hall may soon have competition from another Johnson County city.
Alvarado City Secretary Debbie Thomas confirmed on Wednesday that a resident of that city recently inquired at city hall about the requirements and steps necessary to call a local option election in Alvarado.
Thomas said she contacted Bourgeois’ office for information on the matter.
Alvarado resident Kathleen Gould said she picked up forms and information from the Johnson County Elections Office but has not began collecting signatures.
Gould said she wants to talk to more residents to determine what to call for in an election, whether beer and wine sales only or liquor as well.
“Off premise consumption would be great but also restaurants I think,” Gould said. “I’m not sure about bars, which is why I’m still wanting to talk to people to see what they’re wanting. I’ve never done anything like this before, so it’s kind of a learning process for me.”
Gould said most residents she’s discussed the matter with so far have been supportive.
“I think the general feeling for it is that most people think it’s time,” Gould said. “I’m new to the area, but I know the importance of tax revenues, especially to smaller towns that want to grow.”
Gould said she’s aware of the consequences of alcohol sales, but she believes the benefits outweigh them.
“I have a sister who was run over by a drunk driver in a dry area who had driven a long way to buy beer,” Gould said. “I know people will argue that allowing alcohol sales will cause more problems but from the research I’ve done, there are fewer problems because you don’t have people driving as far to get it.”
Gould said she’s not sure whether Cleburne’s recent decision to sell beer and wine will help Alvarado or not.
“I think it could help,” Gould said. “It won’t hurt. But I don’t think it should be gauged on what other towns have done. I’m just hoping we can find enough support and votes in Alvarado because the city has so much potential. And I think the extra revenues from this could be a wonderful enhancement for the city, and to bring more people in.”
