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Should Dallas alcohol permits be halted?

Published: Sunday, January 30, 2011

Updated: Tuesday, March 1, 2011 17:03

2011_01_25_Editoria

Courtesy Savorsa.com

Last November, Proposition No. 1 was passed in Dallas.

The proposition legalized the retail sale of beer and wine throughout Dallas, but now attorneys are looking to get the election voided.

The biggest issue revolving around the proposition is the validity of the signatures gathered to force the election.

According to officials, 68,846 signatures were needed and 69,702 were gathered.

However, attorneys argue that the number of qualified voters (i.e. Dallas County registered) was never certified.

In the meantime, attorneys are also pushing for permits to be halted while the signatures are investigated.

Since Proposition No. 1 went into effect, the Texas Alcoholic Beverage Commission has issued retail alcohol permits to dozens of businesses.

If the election is voided due to the suspicion of the signatures, the TABC does not plan on revoking the permits already granted.

The Chronicle staff believes that it was Dallas official's responsibility to validate the signatures in the first place.

If it turns out that the signatures are wrongfully accounted for due to poor management on the city's part, then it is the city's responsibility to clean up the mess.

To allow the businesses to keep their permit even after the proposition is overturned would be unreasonable.

Although the businesses rightfully got the permits in the first place, it wouldn't be right to let them keep permits if no other business is allowed to receive one.

This would give an unfair economical advantage.

While some may look at it as unfair to  give the permits and then take them back, it's important to see the legalities.

To stay true to the law, if it is in fact voided, previously given permits should be revoked.

Also, any permits that are currently active should be halted along with the pending ones.

It's not rational to have the proposition active under two separate rulings.

Either the law needs to be made available for all businesses to request permits or all permits need to be revoked.

Upset over possibly invalid signatures is not the only concern facing this proposition.

Independent liquor stores have also displayed frustration.

On the ballot in November, beer and wine were the only forms of alcohol represented. Liquor stores had no representation.

Dry subdivisions of Dallas were not distinguished from the city as whole, thus typically dry businesses in these areas are now allowed to sell beer and wine.

However, liquor businesses are hindered from expanding their market further.

If the proposition is halted and goes for re-election, liquor businesses will have a window of time to appeal the sale of liquor in the previously dry areas and request further representation.

If it proves that the signatures are invalid, the irresponsibility of those who were in charge of gathering the petition signatures needs to be addressed.

The decision on how to handle the situation regarding the permits, revoked or kept, should be the same across the board.

Exclusions and exceptions will lead to further upset, not resolution.

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