Denton Record-Chronicle (Denton, Tex.), Vol. 113, No. 15, Ed. 1 Wednesday, August 17, 2016 Page: 3 of 58
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LOCAL/STATE
3A
Denton Record-Chronicle
Wednesday, August 17, 2016
Brewers challenge state on distribution rule
BRIEFLY
ACROSS THE STATE
Galveston
Experts: Coral die-off in
Gulf sanctuary is over
Adding to the frustration of
the craft brewers is that once a
distributor has the territorial
rights to a certain brewery, it can
then sell those rights to another
distributor.
“There’s just no rational basis
for the law,” Michael Peticolas,
owner of his eponymous brew-
ery in Dallas’ Design District,
said in an interview after Mon-
day’s hearing.
Though the law effectively
pits producers against distribu-
tors, the lawsuit was filed in
2014 against the TABC, the
agency that enforces the law.
The Wholesale Beer Distribu-
tors of Texas on Monday didn’t
respond to a request for com-
ment about the lawsuit.
Assistant Attorney General
Karen Watkins countered the
craft brewers’ arguments noting
that “everything that these
brewers are allowed to do is the
result of having obtained a privi-
lege from the state.” She said
state law was previously silent
on payments for distribution
rights, meaning it wasn’t clear
they were ever legal.
“Is there something that the
Legislature took away from
these brewers?” she said. “Our
position is no.”
Watkins said the brewers
can still negotiate with potential
distributors over fleet size,
warehouse conditions and other
valuable factors.
State District Judge Karin
Crump said she needs to review
the finer points of the state’s al-
cohol regulations and expects to
rule in the next couple of weeks.
Beer distributors
can’t pay craft
brewers for rights
A marine biologist says a die-
off of some coral at a marine
sanctuary in the Gulf of Mexico
appears to be over but experts
still don’t know why it hap-
pened.
Emma Hickerson with the
National Oceanic and Atmo-
spheric Administration in Gal-
veston said Tuesday that recent
storms affected last week’s
planned surveys of the Flower
Garden Banks National Marine
Sanctuary.
She says researchers hope to
return this month to the East
Flower Garden Bank, where
about 6 percent of the coral in
shallow areas died.
Some sport divers on July 25
reported green, hazy water and
damage to coral and sponges in
the sanctuary, about 100 miles
south of the Texas-Louisiana
border.
t
By Tom Benning
The Dallas Morning News
tbenning@dallasnews.com
AUSTIN — Just how much
is it worth for that Velvet Ham-
mer or other local craft brew to
make it to your favorite bar or
convenience store?
That’s one of several key
questions that came before a
state district court Monday, as a
group of craft brewers
eluding Peticolas Brewing of
Dallas and Revolver Brewing of
Granbury — challenged a con-
tentious component of the
state’s arcane alcohol regula-
tions. Denton’s own Audacity
Brew House is not part of the
suit.
*
51
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Sk-
DMN file photo
Peticolas Brewing of Dallas and other craft brewers are challenging a 2013 law that says they
cannot accept financial compensation for their distribution rights. “There’s just no rational
basis for the law,” says brewer Michael Peticolas.
The brewers want to over-
turn a 2013 law that says they
cannot accept financial com-
pensation for their distribution
rights.
Richmond
Off-duty officer charged
in alcohol-related death
the expense of craft brewers,”
said Matt Miller, an attorney
with the Institute for Justice, the
group representing the craft
brewers.
In 2013, the Legislature
passed several new alcohol laws,
many involving the burgeoning
craft beer scene. Though multi-
ple bills helped the upstarts,
particularly brew pubs, there’s
little doubt that the distribution
rights piece boosted that middle
tier of the system.
Consider that at least one
In Texas and in many other
states, the alcohol industry op-
erates under a three-tier system:
producers, distributors and re-
tailers. That arrangement,
which dates to the end of Prolu-
sion hammered home that
point Monday, saying repeal of
the law could lead to organized
crime and other “societal ills.”
The craft brewers, however,
argued that the law is unconsti-
tutional and deprives the brew-
eries from selling what could be
worth millions of dollars. Cast-
ing the state’s fears as unfound-
ed, the craft beer crowd con-
tends that the purpose of the
law was something altogether
different.
“It enriches distributors at
brewery — Live Oak Brewing in
Austin — sold its distribution
rights for the Houston area for
$250,000 before the law went
into effect. Now, that would be
impossible.
Some craft brewers, if they
meet certain criteria, can use
what’s called self-distribution as
a work-around. But the restric-
tions that come along with that
practice can make it difficult for
some brewers to expand their
reach, particularly across the
state.
An off-duty Houston police
officer was arrested over what
investigators say was an alcohol-
related traffic accident that left
another driver dead.
Officer James Combs was be-
ing held Tuesday on an intoxica-
tion manslaughter count in the
death of 36-year-old Brian
Manring. Online Fort Bend
County jail records didn’t list an
attorney to speak for the 33-
year-old Combs, whose bond
was set at $100,000.
The sheriff’s office said
Combs was driving an SUV ear-
ly Friday in the Richmond area
and veered into oncoming traf-
fic, striking a car driven by
Manring. The victim later died
of his injuries.
bition, seeks to eliminate poten-
tial problems by keeping each
operation independent from the
others.
Supporters of the disputed
law say it helps maintain the in-
tegrity of that system. And an at-
torney representing the Texas
Alcoholic Beverage Commis-
Dallas
man now
set to die
Dec. 7
Blue and true
Hemphill
Tip leads to thousands
of pot plants in woods
i r "
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Investigators say a tip has led
to about 10,000 marijuana
plants that were being secretly
grown in some East Texas
woods.
Dozens of law enforcement
officers were working Tuesday in
Sabine County to harvest the il-
legal plants and look for sus-
T5;t_
DALLAS (AP) — A new exe-
cution date in December has
been set for former accountant
John David Battaglia, who was
convicted fatally shooting his
two young daughters more than
15 years ago while their mother,
his ex-wife, listened helplessly
over the phone.
State District Judge Robert
Bums’ Monday order for a Dec. 7
execution date came five months
after a federal appeals court halt-
ed Battaglia’s scheduled lethal in-
jection so an attorney could be
appointed to investigate claims
Battaglia may be mentally in-
competent for execution.
The reprieve from the 5th
U.S. Circuit Court of Appeals
was issued March 30, about sev-
en hours before Battaglia could
have been taken to the Texas
death chamber in Huntsville.
The court said Battaglia pre-
sented some evidence of mental
illness and delusions, but it was
not clear if he was incompetent.
The U.S. Supreme Court has
ruled that a prisoner can be exe-
cuted if he’s aware that the death
penalty is set to be carried out
and understands why he’s facing
the ultimate sentence. A hearing
for Battaglia on that issue hasn’t
been set yet.
Michael Mowla, an attorney
appointed to represent Batta-
glia, didn’t immediately return a
phone message.
Battaglia, 61, was convicted
of killing his daughters, 9-year-
old Faith and 6-year-old Liberty,
in May 2001.
'
-'
5
Ogle School
students pre-
sent a donation
of $500 to Den-
ton Police De-
partment rep-
resentatives
Tuesday at the
cosmetology
school’s Denton
location.
-
2— Ji i3\| -
v
dst
hn||1a.-a
pects.
Sheriff Thomas Maddox says
a campsite was found near
where the plants were located
after his office received a tip on
Monday. The sheriff did not im-
mediately announce any arrests.
David Minton/DRC
San Marcos
4-year-old drowned
at apartment pool
Police say a 4-year-old boy
who another child thought was
asleep in a Central Texas apart-
ment complex pool drowned.
San Marcos police on Tues-
day identified the victim as Dix-
on Ramirez Valdez.
A police statement says two
women on Saturday were clean-
ing some apartments and took
their children along. Several
children, ranging in age from 4
to 18, were playing and swim-
ming as their mothers worked.
Investigators say a 6-year-old
girl noticed Dixon was along the
edge of the pool and seemed to
be asleep. She told the 18-year-
old, who removed Dixon from
the water and did CPR.
Emergency personnel trans-
ported Dixon to a hospital,
where he was pronounced dead.
— The Associated Press
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Parks, Scott K. Denton Record-Chronicle (Denton, Tex.), Vol. 113, No. 15, Ed. 1 Wednesday, August 17, 2016, newspaper, August 17, 2016; Denton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1127408/m1/3/: accessed July 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .