Here's the complete statement from the state:
Texas Alcoholic Beverage Commission (TABC) Administrator Alan Steen has
signed an order adopting the Proposal for Decision of the Administrative
Law Judge granting the application for alcoholic beverage permits to Six
Flags Hurricane Harbor and Six Flags Over Texas in Arlington, Texas.
The judge found, after a public hearing, that the "issuance of the
requested permits and certificate does 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."
The protestants in the hearing have 20 days after the order is entered
to file a motion for rehearing with the TABC Administrator. If no motion
for rehearing is filed, the order becomes final 20 days after the date
the order is received by the interested parties. If a motion for
rehearing is filed, the Administrator must consider that motion before a
permit can be issued.
The applications for TABC permits for Six Flags Hurricane Harbor and Six
Flags Over Texas were received January 11, 2008. TABC conducted an
investigation following receipt of protest letters to determine if the
facts stated in the letters were sufficient to initiate an
On August 12, 2008, TABC notified all interested parties that a hearing
would be held on the applications before the State Office of
Administrative Hearings (SOAH) administrative law judge.
The hearing began on October 14, 2008, in Fort Worth, Texas. Several
members of the public spoke at the hearing, stating concerns that the
sale of alcoholic beverages at these amusement parks would affect the
safety, moral, and general public welfare. The hearing concluded on
October 16, 2008, and the record closed on December 12, 2008, after the
parties submitted written argument.
Administrative Law Judge Tanya Cooper's Proposal for Decision was signed
on January 9, 2009. In her decision, she stated:
"Applicant has operated the amusement park where these Commission-issued
permits and certificate are sought for several years, along with
numerous other amusement parks similarly situated that serve alcoholic
beverage choices, without any significant adverse effects. Applicant has
existing procedures to effectively handle an intoxicated park guest
should that situation arise. There was no evidence presented that
Applicant has a history of operating this, or any of its parks, in
violation of the Code."
"This proposed licensed premises is located in a area designated as an
"entertainment district" within the City of Arlington. There are several
other Commission-authorized licensed premises nearby to the proposed
premises. Applicant has met all zoning and building requirements imposed
by the Arlington City Council. The area is designated "wet" for
alcoholic beverage sales, pursuant to a vote of Arlington residents. The
amusement park is along Interstate 30, with no residences, churches, or
schools within the restricted area around this park."
"Protestants' concerns, although understandable, do not rise to the
level of an unusual condition or situation that justifies a finding that
the place or manner in which the Applicant conducts business warrants a
refusal of the permits and certificate sought based on the general
welfare, health, peace, morals, safety, and sense of decency of the
people. Accordingly, based on the evidence in the record, the
Protestants have failed to show, by a preponderance of the evidence,
that Applicant's application should be denied."
On February 25, 2009, TABC Administrator Alan Steen considered and
agreed with the findings of fact and conclusions of law and signed the
order adopting the Proposal for Decision.