FORNEY, Texas — A mistake by the Kaufman County clerk’s office to award a liquor license has spurred a legal battle that will determine the imminent fate of liquor sales in Forney.
According to records obtained by inForney.com, RAS Trading Inc. filed an application for licensure with Laura Hughes’ office, the Kaufman County clerk, the first step in applying for a license with the Texas Alcoholic Beverage Commission (TABC) in November 2018.
RAS Trading made it clear that they were applying for a package store license, that allows them to sell liquor, and a license to sell beer and wine at Johnnie Wine, a new building that was not yet constructed.
The building is located in the 11500 block of FM 548, at the corner of Pecan Street, which is located just outside of the Forney city limits. This area of the county is not considered ‘wet’ which means the sell of liquor has not been approved by voters.
According to Hughes, “Applications are reviewed to ensure that the location for which the license/permit is sought is in a ‘wet’ area for such license/permit, and is not prohibited by any valid order of the Commissioner’s court.”
Hughes tells inForney.com via email that the application was “inadvertently certified and sent to the TABC.”
According to TABC records, the agency issued the permits for both applications for Johnnie Wine in January of this year and the owners began construction on their building.
In August of 2019, the TABC notified the Kaufman County clerk’s office of their error, but said that they would not revoke a permit/license once issued, no matter if it was issued in error.
Now that the building is completed and the owner has a license to legally sell liquor, County officials are threatening legal action to stop the liquor store from opening.
“Kaufman county has several statutory remedies available under the Alcoholic Beverage Code to use in resolving this matter, including, seeking a restraining order and injunction to prevent the operation of a package [liquor] store,” Hughes said.
Last week the Kaufman County Commissioner’s court approved a motion to initiate legal proceedings to resolve the matter by the Kaufman County District Attorney’s office.
RAS Trading or it’s agents have not provided inForney.com with a statement, but say that they are looking at their legal options.
This is a developing story.