SOAH DOCKET NO. 458-03-4305
TEXAS acorroLrc BEVERAGE
D/B/A THE TAP BAR AND
PERMIT NOS. MB-426726 & LB-426727
EL PASO COUNTY, TEXAS
( T D C CASE NO. 603891),
BEFORE THE STATE OFFICE
ADMNS'FRATIVE H E M G S
PROPOSAL FOR DECISION
The staff of the Texas Alcoholic Beverage Commission (TABC) brought this enforcement
action against YoIanda Quintma W a TheTap Bar and Restaurant (Respondent) alleging two counts:
that Respondent's employee was intoxicated on the licensed premises in violation of TEX.
CODE ANN. 3 1 1.6 1 @)(I 3), and that Respondent sold or delivered an aIcoholic beverage to an
intoxicated person in violation of TEXAS
AtCQ. BEV. CODE ANN. 1 1.6 1 @(b)(14). The undersigned
Administrative Law Judge (4
recommends cancellations of the permits.
I. PROCEDURAL HISTORY, NOTICE & JURISDICTION
AW Veronica Najera convened the hearing on October 23, 2003, at the State Office of
Administrative Hearings, 40 1 East Franklin Avenue, Suite 580, El Paso, Texas. Staff attorney Dewey
A. Brackin appeared on behalf of TABC. Respondent was represented by Eduardo N, Lenna, Sr.,
attorney. The hearing concluded that same day. The closing of the record was extended twice to
allow Respondent to file a brief and closing argument. The record closed on January 10, 2004.
Respondent made an argument of surprise based on lack of sufficient notice of the violations
alleging lack of specificity in the notice sent by TAW. The Court ruled that TABC's notice complied
with the requirements of WV'T CODE hi. 5 200 1.052. There were no jurisdictional issues raised.
Therefore, jurisdiction is addressed fn the Findings of Fact and Conclusions of Law without hrther
S019H DOCKET NO. 458-034305
PROPOSAL FOR DECISlON
Respondent currently operates under authority of a Mixed Beverage Permit and a Mixed
Beverage Late Hours Permit issued to Respondent for