(Download) "Texas Alcoholic Beverage Commission v. Lawrence Macha Dba Calico Country Lounge" by Seventh District, Amarillo Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Texas Alcoholic Beverage Commission v. Lawrence Macha Dba Calico Country Lounge
- Author : Seventh District, Amarillo Court of Appeals of Texas
- Release Date : January 30, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
The Texas Alcoholic Beverage Commission (TABC appeals from an order staying summary suspension of Lawrence Machas late hours and mixed beverage permits for failure to pay tax deficiencies and instructing TABC to provide an administrative evidentiary hearing to determine such deficiencies. In four enumerated points of error, TABC contends the trial court (1) improperly asserted jurisdiction under the Texas Alcoholic Beverage Code and the Administrative Procedure and Texas Register Act and improperly granted injunctive relief, both in disregard of applicable provisions of the Texas Tax Code; (2) improperly ordered TABC to conduct an administrative hearing without a statutory basis therefore; (3) erred in its determination that section 202.14 of the Texas Alcoholic Beverage Code violated the due process guaranty of Article I, section 19 of the Texas Constitution; and (4) erred in its conclusion that said section 202.14 is unconstitutional. On the rationale expressed, we will sustain the third and fourth points of error, overrule the other contentions of error, and reverse and render judgment.