3 Tier and owning real estate not allowed?!?

[maddog]

We recently had a preliminary meeting with a liquor lawyer. Word is that I won’t be able to get a DSP (tier 1) because my husband owns a few commercial buildings that have tenants who retail alcohol (tier 3)..a DIY arts and crafts place that sells beer and wine and 2 full bar restaurants.  I’m totally crushed.  ?

Any work arounds?  Thanks!

[maddog]

https://www.alcohollawadvisor.com/2017/05/texas-supreme-court-weighs-in-on-tied-house/

I think this the lawyer's  concern.. apparently Texas means business about "tied house" conflicts.

[dhdunbar]

Texas is a bitch on this.   Most states are not as strict in their interpretations. My general advice is that if Warren Buffet can't grind them down, there is not much chance that you can.   

That said, I have had some discussion with the ABC about it in a particular circumstance.  I'd have to go back and look at what they said - I don't recall - and the issue was not husband-wife related. 

I'm not sure how wide a family net they cast.  I'm sure it would not reach to 4th cousins twice removed, or everyone would be tied up by tied house restrictions.  Texas probably has some specific rules/precedents on husband-wife situations.  In most state where family restrictions exist, husband-wife arrangements jump to the fore.   That said, don't rely on any advice you receive from anyone, attorney or some consultant giving random answers on a forum,  that does not come with a citation of a source you can use to verify the advise you are receiving.  Some attorneys know the law well; others not so well.   Make them cite the source.

[maddog]

@dhdunbar thanks so much for your response. I really appreciate all you do for this forum!!

[Josey]

You can also have your attorney request a written opinion from the Agency about whether this situation would violate the tied-house regulations.  If the attorney does so, make sure your names and businesses are not mentioned in the opinion request.