JURISDICTION, NOTICE. AND PROCEDURAL HISTORY

Similar documents
DOCKET NO BEFORE THE IN RE EVANGELINA RIOS DIBIA ANGIE'S LOUNGE PERMIT NO. BG & BL TEXAS ALCOHOLIC

DOCKET NO BEFORE THE IN RE SALVADOR ORTIZ ORTA D/B/A EL PREMIO MAYOR PERMIT NO. BG LICENSE NO. BL TEXAS ALCOHOLIC

DOCKET NO IN RE RICHARD ODONNELL COOPER BEFORE THE D/B/A CLUB GALAXIE PERMIT NO. BG LICENSE NO. BL TEXAS ALCOHOLIC

DOCKET NO IN RE HECTOR ESTEBAN GONZALEZ BEFORE THE D/B/A TEXAS JEFE DE JEFES BAR PERMIT NO. BG LICENSE NO. BL TEXAS ALCOHOLIC

DOCKET NO ORDER ADOPTING PROPOSAL FOR DECISION

DOCKET ~O ORDER. CAME ON FOR CONSIDERATION this day, in the above-styled and numbered cause.

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 10th day of July, 2017, the above-styled and numbered cause.

DOCKET NO BEFORE THE. IN RE IRMA HERl"!ANDEZ D/B/A LAS TRES PALMAS PERMIT NO. BG TEXAS ALCOHOLIC

DOCKET NO BEFORE THE IN RE CHERYL LEE DEHRING D/B/A WAGON WHEEL PERMIT NO. BG TEXAS ALCOHOLIC

DOCKET NO ORDER

~~ - Timothy Horan Administrative Law Judge

DOCKET NO &

DOCKET NO Based on the March 22, 2000 Order, Respondent's permits were cancelled for cause.

DOCKET NO ORDER OVERRULING MOTION FOR REHEARING

State Office of Administrative Hearings

DOCKET NO BEFORE THE IN RE NEWRAY INVESTMENTS, INC. D/B/A BERRINGER'S PERMIT NOS. MB & LB TEXAS ALCOHOLIC

TABC DOCKET NO ORDER MODIFYING PROPOSAL FOR DECISION

DOCKET NO &

State Office of Administrative Hearings. Cathleen Parsley Chief Administrative Law Judge. July L 2011

DOCKET NO ORDER

DOCKET NO ORDER

DOCKET NO ORDER ADOPTING PROPOSAL FOR DECISION

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this day, in the above-styled and numbered cause.

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 14th day of January, 2011, the above-styled and numbered cause.

.DOCKETNO ORDER ADOPTING PROPOSAL FOR DECISION

DOCKET NO ORDER

DOCKET NO ORDER

DOCKET NO

TEXAS ALCOHOLTG: BEVIERAGE 3 BEFORE THE STATE OFFICE COMMISSION 6

DOCKET NO BEFORE THE IN RE BOBBY RAY BROWN D/B/A QUARTER HORSE SALOON PERMIT NOS. MB TEXAS ALCOHOLIC

DOCKET NO TEXAS ALCOHOLIC BEVERAGE COMMISSION, Petitioner BEFORE THE TEXAS VS.

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 14th day of July, 2011, the above-styled and numbered cause.

DOCKET NO ORDER

DOCKET NO ORDER

DOCKET NO TARRANT COUNTY, TEXAS 9 (SOAH DOCKET NO ) 5 BEVERAGE COMMISSION

5 ALCOHOLIC ORDER SOAH DOCKET NO GaWER CLUB INC. 8 WEFOE THE TEXAS D/B/A GOVIER CLUB MC. 8 PEWNOS, N , PE527392

SOAH DOCKET " PROPOSAL FOR DECISION

CAME ON FOR CONSIDERATION on this ~ the above-styled and numbered cause.

DOCKET NOS ,

DOCKET NO TEXAS ALCOHOLIC BEVERAGE BEFORE THE TEXAS COMMISSION, Petitioner

DOCKET ~O ORDER. CAME ON FOR CONSIDERATION this 4th day of May, 2011, the above-styled and numbered cause.

TABC DOCKET NO ORDER ADOPTING PROPOSAL FOR DECISION

- T. JURXSDXCT'ION, NOTICE, AN3 PROCEDURAL HISTORY

DOCKET NO ORDER

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 28th day of August, 2013, the above-styled and numbered cause.

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 2nd day of June, 2015, the above-styled and numbered cause.

CAME ON FOR CONSlDERATIIbN this 14th day of June, 2004, the abwe-styled and nurnbe~ed cause. DOCKET NO

DOCKET NO TEXAS ALCOHOLIC BEVERAGE BEFORE THE TEXAS COMMISSION, Protestant/Petitioner

8 ADrklINISmarVE WEANNGS

5 OF. TEXAS ALCOHOLIC BEVERAGE 5 BEFORE THE STATE OmCE COMMISSION 3

DOCKET NO ORDER. CAME ON FOR CONSIDERATION this 23rd day of April, 2015, the above-styled and numbered cause.

DOCKET NO ORDER ADOPTING PROPOSAL FOR DECISION

State Office of Administrative Hearings

DOCKET NO PROPOSAL FOR DECISION

State Office ofadministrative Hearings. Lesli G. Ginn Chief Administrative Law Judge. December 8, 2017

DOCKET NO ORDER

DOCKET NO ORDER

DOCKET NO ORDER

twil '1 NO TEXAS ALCOHOLIC BEVERA GE BEFORE THE TEXAS COMMISSION

DOCKET NO ORDER

- Conclusions of Law of the Administrative Law Judge, which are contained in the Proposal For

DOCKET NOS , , and ORDER

IN RE ORIGINAL APPLICATION OF?4 BEFORE THE TEXAS MYOLONAS INVESTbENT 8 CORPORATION 8 D/B/A BABY DOLLS 11 3 MB,LB & PE 6 ALCOHOLIC 8

Consideration of the Status and Possible Approval of Orders in Enforcement Cases

Cathleen Parsley Chief Administrative Law Judge. October 30, 2014

SOAH DOCKET NO BEFORE THE STATE OFFICE TEXAS ALCOHOLIC BEVERAGE COMMISSION, Petitioner

DOCKET NO ORDER

DOCKET NOS , & ORDER. CAME ON FOR CONSIDERATION this day, in the above-styled and numbered cause.

DOCKET NO TEXAS ALCOHOLIC BEVERAGE BEFORE THE STATE OFFICE COMMISSION, Petitioner V.

DOCKET NO(s) & ORDER ADOPTING PROPOSAL FOR DECISION

~!iil_a:'_.= DDJ.le.""I_IUIIIID ljiir._.l\ilimll.[i.r;i& n=iiiiirt.1&,.lilft{ljlil... D.lI.1l.Et~IJIII'm!.~~HI[ "'.i5.rr!.l!ra[~

ofthe State Bar of Texas appeared by attorney and announced ready. Respondent, Bryan P. Cartall,

DOCKET ~O ORDER

Control Number : Item Number : 28. Addendum StartPage : 0

Governor of Iowa Lieutenant Governor Administrator. Terry E. Branstad Kim Reynolds Stephen Larson

SOAH DOCKET NO SSB DOCKET NO. 08-IC05 CONSENT REVOCATION ORDER

- exceptions have been filed.

REQUIREMENTS FOR RECORDS PRIVATE CLUB REGISTRATION PERMITTEES REVISED

INFORMATION AND INSTRUCTION FOR FORWARDING CENTER AUTHORITY (FC)

Petition for Expunction of Criminal Records (Charges not Filed)

STATE OF MINNESOTA BEFORE THE COMMISSIONER OF HEALTH STIPULATION AND CONSENT ORDER

Petition for Expunction of Criminal Records (Charges Dismissed or Quashed)

Revised January. County Judge s Guide

DOCKET NO ORDER

CAME ON FOR CONSIDERATION on this;1.12ni day ofj(iall QlJ 20 I0, the above-styled and numbered cause.

Top Ten Questions on Alcohol Regulations

BEFORE THE DISTRICT 6 GRIEVANCE COMMITTEE EVIDENTIARY PANEL 6-1 STATE BAR OF TEXAS JUDGMENT OF FULLY PROBATED SUSPENSION. Parties and Appearance

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI : : : : : : : : : : : : : : : : :

1. Pursuant to sections and , Florida Statutes, the Office is charged

DOCKET NO ORDER

RAILROAD COMMISSION OF TEXAS OFFICE OF GENERAL COUNSEL HEARINGS SECTION

RAILROAD COMMISSION OF TEXAS OFFICE OF GENERAL COUNSEL HEARINGS SECTION

BEFORE THE BOARD OF DISCIPLINARY APPEALS APPOINTED BY THE SUPREME COURT OF TEXAS AGREED INTERLOCUTORY ORDER OF SUSPENSION

Public Utility Commission of Texas

On this day came to be heard the above styled and numbered cause. Petitioner

Chapter 4 ALCOHOLIC BEVERAGES* Article II. Beer and Wine License

NEW JERSEY BOARD OF PUBLIC UTILITIES 44 South Clinton Avenue 3 rd Floor, Suite 314, P.O. Box 350 Trenton, New Jersey

Chapter 4 ALCOHOLIC BEVERAGES* Article I. In General. Article II. Beer and Wine License

SIGNED AND ENTERED this 30th day of June, 2011.

DOCKET NO ORDER ADOPTING PROPOSAL FOR DECISION.

Transcription:

DOCKET NO. 458-02-4051 TEXAS ALCOHOLIC BEVERAGE COMMISSION V. EDY ELIZABETH LEPPARD D/B/A EDYE'S ljrban CAFE BEFORE THE STATE OFFICE OF ~SCOu~TY,TEXAS ADMINISTRATIVE HEARINGS PROPOSAL FOR DECISION The Texas Alcoholic Beverage Commission (TABC) staff (Petitioner) brought this disciplinary action against Edy Elizabeth Leppard d/b/a Edye's Urban Cafe (Respondent), alleging that Respondent issued a check or draft for the purchase of beer which was dishonored when presented for payment, in violation ofthe Texas Alcoholic Beverage Code. Petitionerrequested that Respondent's permit and license be suspended for 10 days, or in lieu ofsuspension, that Respondent pay a civil penalty of $1,500. The Administrative Law Judge (ALJ) agrees with this recommendation. JURISDICTION, NOTICE. AND PROCEDURAL HISTORY The Texas Alcoholic Beverage Commission has jurisdiction over this matter under TEX..A.Lco. BEV. CoDE ANN. ch. 5, ll.61(b)(2), 24.06, 61.71(a)(l), and 61.73(b). The State Office of Administrative Hearings (SOAH) has jurisdiction over all matters relating to conducting a hearing in this proceeding, including the preparation ofa proposal for decision withproposed fmdings offact and conclusions oflaw, pursuant to TEX. GoV'T CoDE ANN. ch. 2003. On August 26, 2002, Petitioner issued its notice of hearing, directed to Edy Elizabeth Lepparddfb/aEdye's Urban Cafe, 3700WashingtonAve.,Houston, Texas 77007, viaoertifiedmail, return receipt requested and sent back to Petitioner on September 6, 2002, as evidencedbythe return. receipt marked "returned to sender". On October 4, 2002, a hearing convened before SOAH ALJ Timothy J. Horan at 2020 North Loop West, Suite #111, Houston, Texas. Petitioner was represented at the hearing bylindy To, TABC StaffAttomey. Respondent did not appear and was not represented at the hearing. After presentation ofevidence regarding notice and jurisdiction, the record closed on October 11, 2002. DISCUSSION Based on the failure of Respondent to appear at the hearing, Petitioner requested that the default provisions ofl TEX. ADMIN. CODE 155.55 be invoked. The ALJ finds that Petitioner issued notice in compliance with 1 TEX. ADMIN. CODE 155.27 and 155.55 and TEX. ALco. BEV. CODE

ANN. 11.63. Pursuant to 1 TEX. ADMIN. CODE 155.55, the allegations presented in the notice of hearing are deemed admitted as true. Accordingly, the ALJ has incorporated these allegations into the Proposed Findings offact below. PROPOSED FINTIINGS OFFACT 1. Respondent, Edy Elizabeth Leppard d/b/a Edye's Urban Cafe, holds a Wine and Beer Retailer's Permit, BG-494767, issuedbythe Texas Alcoholic Beverage Commission(TABC), for the premises located at 3700 Washington Avenue, Houston, Harris County, Texas. 2. On August 26, 2002, Petitioner issued its notice ofhearing to Respondent, for a hearing that was held on October 4, 2002. This notice ofhearing was sent back as "returned to sender" per the return receipt on or before September 6, 2002. 3. The notice of hearing contained a statement of the time, place, and nature of the hearing; a statement ofthe legal authority andjurisdiction under which the hearing was to be held; a reference to the particular sections ofthe statutes and rules involved; and a short, plain statement ofthematters asserted. 4. The notice ofhearing also contained the following language in 12-point or larger boldface t:ype: Ifa party fails to appear at the hearing, the factual allegations in the notice ofhearing will be deemed admitted as true, and the reliefsought in the notice ofhearing may be granted by default. 5. A hearing convened before TimothyJ. Horan, an Administrative Law Judge with the State Office ofadministrative Hearings (SOAH), on October 4, 2002. Respondent did not appear and was not represented at the hearing. 6. On or about April 18, 2002 and on April 24, 2002, Respondent issued a check or draft for the purchase ofbeer which was dishonored when presented for payment. PROPOSED CONCLUSIONS OF LAW 1. TABC has jurisdiction over this proceeding pursuant to TEX. ALco. BEV. CODE A'm. ch. 5, 11.6l(b)(2), 24.06, 61.71(a)(l), and 61.73(b). 2. SOAH has jurisdiction over all matters relating to conducting a hearing in tt>.is proceeding, including the preparation ofa proposal for decision with proposed findings offact and conclusions oflaw, pursuant to TEX. GOV'T CODE ANN. ch. 2003. 3. Based upon Proposed Findings of Fact Nos. 2-4, Petitioner issued its notice of hearing in compliance with 1 TEX. ADMIN. CODE 155.27 and 155.55 and TEX. ALco. BEV. CODE ANN. 11.63. 2

4. Based upon Proposed Findings of Fact Nos. 2-5, the hearing proceeded on a default basis as authorized by 1 TEX. ADMIN. CODE 155.55. 5. Based upon Proposed Finding offact No.6, Respondent violated TEX. ALco. BEV. CODE ANN. 61.73(b) and 102.31. 6. Based upon Proposed Conclusion oflawno. 5 and TEX. ALco.BEV. CODEA'lN. 11.61(b)(2), 24.06, 61. 71(a)(l), 61.73(b), and 102.31, Respondent's permit and license should be suspended for a period of 10 days. 7. Based upon Proposed Conclusion of Law No. 6 and TEX. ALco. BEV. CODE A'lN. 11.64, Respondent should be permitted to pay a civil penalty of$1,500 in lieu ofsuspension ofthe permit and license. SIGN'ED this 26tb day ofnovember, 2002. 3

DOCKET NO. 600522 IN RE EDY ELIZABETH LEPPARD D/B/A EDYE'S URBAN CAFE PERMIT NO. BG494767 HAJUUSCOUNTY,TEXAS (SOAR DOCKET NO. 458-02-4051) ORDER BEFORE THE TEXAS ALCOHOLIC BEVERAGE COMMISSION CAME ON FOR CONSIDERATION this 181h day ofdecember 2002, the above-styled and numbered cause. After proper notice was given, this case was heard by Administrative Law Judge Timoth) J. Horan. The hearing convened on October 4, 2002, and the record closed on October 11, 2002, The Administrative Law Judge made and filed a Proposal For Decision containing Findings Fact and Conclusions of Law on November 26, 2002. This Proposal For Decision (attached hereto as Exhibit "A"), was properly served on all parties who were given an opportunity to Exceptions and Replies as part ofthe record herein. As ofthis date no exceptions have been filed, The Assistant Administrator of the Texas Alcoholic Beverage Commission, after reviev, and due consideration ofthe Proposal for Decision, Transcripts, and Exhibits, adopts the Findings of Fact and Conclusions of Law of the Administrative Law Judge, which are contained in Proposal For Decision and incorporates those Findings of Fact and Conclusions of Law into Order, as if such were fully set out and separately stated herein. All Proposed Findings of Fact and Conclusions of Law, submitted by any party, which are not specifically adopted herein are denied. IT IS TIIEREFORE ORDERED, by the Assistant Administrator of the Texas Alcoholic Beverage Commission, pursuant to Subchapter B of Chapter 5 of the Texas Alcoholic Beverage Code and 16 TAC 31.1, of the Commission Ru1es, that Permit No. BG494767 is hereby SUSPENDED for ten (10) days. IT IS FURTIIER ORDERED that unless the Respondent pays a civil penalty in the amount of $1,500.00 on or before the 19th day of March, 2003, all rights and privileges under the above described permit will be SUSPENDED for a period of ten (10) days, beginning at 12:01 A.M. on the 26th day of March, 2003. This Order will become imal and enforceable on.january 8. 2003. unless a Motion for Rehearing is filed before that date.

By copy of this Order, service shall be made upon all parties by facsimile or through the U.S. Mail, as indicated below. SIGI'.'ED this 18th day of December, 2002. On Behalf of the Administrator, Jelm9'ene Fox, Acting Assistant Administrator T~s Alcoholic Beverage Commission /be The Honorable Timothy J. Horan Administrative Law Judge State Office of Administrative Hearings VIA FAX (713) 812-1001 EDY ELIZABETH LEPPARD D/B/A EDYE'S URBAN CAFE RESPONDENT 3700 Washington Ave. Houston, TX 77007 CERTIFIED MAIL NO. 7001 2510 0003 8688 7923 Lindy To ATTORNEY FOR PETITIONER TABC Legal Section Regulatory Division Houston District Office

TEXAS ALCOHOLIC BEVERAGE COMMISSION CIVIL PENALTY REMITTANCE DOCKET NUMBER: 600522 REGISTER NUMBER: NAME: EDY ELIZABETH LEPPARD TRADENAME: EDYE'S URBAN CAFE ADDRESS: 3700 Washington Avenue, Houston, Texas 77007 DATE DUE: March 19,2003 PERMITS OR LICENSES: BG494767 AMOUNT OF PENALTY: $1,500.00 Amount remitted$ Date remitted------------ If you wish to a pay a civil penalty rather than have your permits and licenses suspended, you may pay the amount assessed in the attached Order to the Texas Alcoholic Beverage Commission in Austin, Texas, IF YOU DO NOT PAY THE CIVIL PENALTY ON OR BEFORE THE 19TH DAY OF MARCH 2003, YOU WILL LOSE THE OPPORTUNITY TO PAY IT, AND THE SUSPENSION SHALL BE IMPOSED ON THE DATE AND TIME STATED IN THE ORDER. When paying a civil penalty, please remit the total amount stated and sign your name below. MAIL THIS FORM ALONG WITH YOUR PAYMENT TO: TEXAS ALCOHOLIC BEVERAGE COMMISSION P.O. Box 13127 Austin, Texas 78711 WE WILL ACCEPT ONLY U.S. POSTAL MONEY ORDERS, CERTIFIED CHECKS, OR CASHIER'S CHECKS. NO PERSONAL CHECKS. NO PARTIAL PAYMENTS. Your payment will not be accepted unless it is in proper form. Please make certain that the amount paid is the amount of the penalty assessed, that the U.S. Postal Money Order, Certified Check, or Cashier's Check is properly written, and that this form is attached to your payment. Signature of Responsible Party Street Address P.O. Box No. City State Zip Code Area Code/Telephone No.