Chris Dove (Houston) represented The Beer Alliance of Texas as an amicus curiae in a long-awaited case regarding the “tied house” rules under the Alcoholic Beverage Code. In Cadena Comercial USA Corp. v. Texas Alcoholic Beverage Commission, the question was whether a company — which operated a string of convenience stores — could get a permit as a retailer of beer if it also owned (indirectly through a series of corporate stock ownerships) an “interest” in a brewery. In a very detailed analysis of the word “interest” and other words in the statute, and construing that term broadly to protect that statutory policy, the Court held that the requested permit would violate ”tied house” rules that confine parties to only one of the three tiers — brewer, distributor or retailer. Dove prepared an impressive amicus curiae brief for The Beer Alliance that anticipated the Court’s analysis.
Posted May 8, 2017