ORDER NO. 20~D44 STATE OF TEXAS COUNTY OF KERR BE IT kEMEMBEREU, at a regular meeting of the Commissioners' Court of Kerr County, Texas, held on the 14th day of January, 1991, on motion made by Commissioner Lackey, seconded by Commissioner Morgan, the following Court Order was adopted: WHEREAS, with the passage of SB 537, the County Judge may file an order with the Commissioners' Court of the County delegating to another county officer the duty to hear alcoholic beverage permit and license applications; and WHEkEAS, the County Judge of Kerr County has delegated this to the County Clerk of Kerr County. NOW RE IT THEREFORE ORDERED, JUDGED AND DECkEED that the Kerr County Commissioners' Court recognizes the transfer of alcoholic beverage permit and license applications to the office of the County Clerk of Kerr County effective January 1, 1991. DONE IN OPEN COUkT this the 14th day of January 1991. ~~ W. G. Stacy, County Judge R. Gordon Morg~ d T. Lackey Commissioner, Precin t 1 Commissioner, P cinct 2 _ -~~~ Glenn K. Holek Bruce Oehler Commissioner, Pr inc 3 Commissioner, Precinct 4 Recommended by: __~'_~~~~~~a~~ W. G. Stacy, ounty Judge INTER-OFFICE COMMUNICATION TEXAS ALCOHOLIC BEVEkRGE COIv17vIISSION September 29, 39 DATE: 19 All District Supervisors i'O _ _ Div. __. _. Jeannene Fox, Director of Licenses & Permits AustiS4ttt~et FROM. _ . Senate Bill 537 (outce) SUBJECT. _._...._ _ _ I. This bill, which became effective in June, permits a county judge to delegate t another county officer the authority to hear applications for licenses (including wir and beer). The bill amends Chapters 25, 26, and 61 of the Texas Alcoholic Beverage Code t allowing the county judge to file an order with the Commissioner's Court delegatin another county officer the duty to hear applications as provided by Chapters 25 an 26. As county officer is not defined in this legislation nor any other, any persc employe y ie county who is given this duty by the county judge and Commissioner' Court will not be challenged by this agency. II. A. Requirements 1. If the county judge chooses to invoke this section, he must give the Commissioner's Court in writing such notice of delegating the duties to another county officer and state their name. 2. licensing in Austin must receive a copy of such order as yell as the district office keeping a copy for their records. B. Special Items 1. Tf, as in the situation in Dallas County, the county judge appoints another county office holder such as the county clerk, each of the deputy county clerks also have the same authority as the clerk. This is due to existing provisions of the state statutes which gives deputy clerks the sane duty, responsibilities and powers as the county clerk. 2. If the county officer delegated this duty has a "seal of office", as in the case of the county clerk, then an impression of that seal must appear on the application in the appropriate area near the person's signature. 3. If the county judge appoints a county officer, as in the case of Walker county judge appointing his administrative assistant, which office does not have a "seal of office," no seal is required. 4. If the judge changes the officer he previously appointed, a copy of such notice to the Commissioner's Court must be sent to Austin. 5. If the county judge revokes the authority in its entirety, a copy of such revocation should be sent to Licensing. 6, If the county judge has appointed another officer, he may at any time decide to hear a particular application. Senate Sill 537 -2- September 29, 1959 Please note this law change applies only to beer and urine and Leer applications. 1 waiver of notice required by Sec. 11.40 for liquor permits was not amended and sti crust be signed by the county judge. Beer applications will be amended to reflect tY r,hange. A good example of this procedure and court order is attached. III, Licensing Procedures When processing applications for beer licenses or permits, the application processo must reviev+ the signature. If it is anyone other than the county judge, ensure have a copy of the order specifying another county officer with that authority, County Judge's order will appear on amel~ded forms as below: COUNTY JUDGE'S ORDER On ibis the day of A.D. 19 ,-Came to be heard the foregoing application and it appearing toihe County Judge/Delegated County Officer that due and legal notice was given as required by law; and after having .heard the evidence and argument, it further appearing that the facts as set forth in the application, are l and that lawful reason exists to warrant the denial thereof: It is ,therefore, the orderand judgment of the Judge/Delegated County Officer that said application be in all things approved subject to the payment of the proper fees arid the approval of the Texas Alcoholic Beverage Commission, S E A L TITLE Jeannene Fox JF"/jt l oei N°v r-"f1'tc°t n~d<./ ~QMMISSIONERS' COURT AGENDA REQUEST ~' ~•°~ "'KNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W. G. Stacy MEETING DATE: January 14, 1991 OFFICE: County Judge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC)' Delegating alcoholic beverage permit and license .,..i;,.=+;,,,,~ +,, +r,o office of the County Clerk effective January 1, 1991, as per SB 537 ESTIMATED LENGTH OF PRESENTATION: 3 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: w. G. Stacy Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-171s as follows: . Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. pn3vlous Thursday. If preferable, Agenda Requests may be made on office stationery with the above Information attached. THIS REQUEST RECEIVED BY: fi- THIS REQUEST RECEIVED ON: %- S- `%' ~ ~ / :