Published: July 02, 2009 11:56 pm      

Beer barn will open

GREENVILLE — Buckaruz Beer Barn will be allowed to operate as planned, as it has received its license to sell beer and wine.

Hunt County Judge John Horn announced Thursday he was granting the business the license, effective immediately, after he “found no legal basis existed for the denial of the requested permit under current law.”

The move clears the way for the business to open at 602 Forrester Street in the Ardis Heights area, despite the objections of many of the residents of the community in Northeast Greenville.

It was actually the second time Horn had granted Buckaruz, and owners Lloyd and Janet Webb, a permit to sell beer and wine. He initially issued the order granting the permit on March 12. At that time neither the Webbs nor anyone opposed to the store appeared before Horn.

However, the Ardis Heights residents appealed the decision to the Texas Alcoholic Beverage Commission (TABC), which in turn referred the matter back to Horn on June 22, indicating Horn would have the authority to deny the permit if he found the business to be against the general welfare, peace, morals, safety or public sense of decency of the area.

During a Wednesday afternoon administrative hearing, Horn heard from 10 people who objected to the business, arguing Buckaruz would increase traffic along Forrester and Fannin Streets, as well as increase noise and the potential for criminal activity in the neighborhood.

The Webbs in turn explained they had met every requirement established by the City of Greenville concerning the property and provided documentation refuting the claims of potential environmental contamination on the property which had been raised by the opposition.

Horn notified those attending the hearing he would research the facts of the matter and issue a decision within five business days.

In the ruling issued Thursday, Horn agreed that the Webbs had met all of the local, county and TABC requirements.

“No unusual conditions or situation unique to the proposed location exist that would warrant refusal of the permit,” Horn wrote. “Issuance of the requested permit will not adversely affect the safety of the public, nor will it adversely affect the general welfare, peace, or morals of the people or violate the public sense of decency.”

Buckaruz will be the only beer barn to open in Greenville. Webb filed for his permit to operate before the City Council voted in April to prohibit those stores whose primary business is to sell beer and wine and which utilize a drive-through lane.

Local voters approved the sales of beer and wine at Greenville stores in November of last year.

But the initial rules which the Council adopted following the election did not address concerns over stores which are designed to sell beer and wine only and were silent as to the sale of alcohol as a primary business.