What do you think: Should Spec’s Liquor Stay or Shutdown?
The Spec’s located at the intersection of Washington and Westcott is 675 feet from Memorial Elementary School.
At that close proximity, Spec’s is in violation of city and state ordinances that prohibit the sell of alcohol within 1000 feet of a public school.
The lawsuit admits that the city secretary’s office made a mistake when it issued the permit.
At this point Spec’s has two choices according to a lawsuit filed by the Harris County Attorney’s Office.
Either it has to shut down, or change the retail mix of its business: sell more food than alcohol.
Mary Benton Media 
If the city and county are willing to shut down a business that went through all the required hoops to get a build permit, and only after the business was already opened notified anyone that something was wrong, wouldn’t the city and county have to reimburse the business? If they had been told from the beginning that it was illegal to sell alcohol at that location, Spec’s could’ve spent time/money developing an alternate location. So if the city doesn’t reimburse, then Spec’s will end up building 2 locations and only get one out of the process.
Let me see if I have this right.
Spec’s applied for and received a license after TABC did due dilligence to make sure Specs was complying with the law. Based on the TABC’s due diligence & subsequent authorization, Specs spent MILLIONS to put in a store.
Now, almost a year & several million dollars later, TABC & the county backpedal and demand the closing of the store?
If I were Specs, I would send the county & TABC the bill for acquisition of the property & constuction of the site. I would hold Specs harmless for some $30,000/yr TABC officer that failed to do his homework. TABC & the county had plenty of opportunities to stop the purchase of the property & the construction of the store. As a former restaurant owner, I am completely aware of what the State requires for a liquor license, & they are very meticulous. They failed to do so. As many times as I have been in Specs, I have always seen a professional approach to detail & I assure you if the records were public, few if ANY violations exist on the part of Specs, particularly for selling to the underaged.
Spec’s should have a lawsuit against the city, preferably the individuals responsible for the gross mistake in approving the permit, as complete incompetence. Perhaps a lawsuit at a minimum of three times the expense of opening that establishment’s location (building, build to suit, etc.) or transfer deed quid pro quo to an acceptable property Spec’s would benefit from for the city employee’s error. Just as any one else, individuals, corporations, and government, each should be held accountable and liable for their mistakes without expecting a citizen to be at fault especially if procedures were followed. Somewhere in the lawsuit the city should absorb all the legal and financial risks without adding on to the taxpaying citizens. The city must have discretionary funds it twitters from Peter to Paul. Is this another: Democrats blundering as usual expecting someone else to pay for their folly?
If Spec’s had performed a feasibility study of their proposed site acquisition, they’d have immediately realized that Memorial Elementary was closer than the 1000 feet allowed by the City Ordinance. If Spec’s or its Agents failed to perform their feasibility studies, then shame on them. Failure to do your due diligence does not exempt you from adhering to the law. And, if someone at Spec’s had realized that they’d made a mistake, why didn’t they opt out of their contract during the feasibility period? The City, in conjunction with TABC, needs to address the circumstances surrounding the license approval and discipline the appropriate parties including termination. My advice to Spec’s… agree to change your product mix and don’t sell alcohol during the school day.
Rule is a rule. The store should be closed and the TABC office who approved the licence should be fired ! It works both ways. City and Specs should have known the distance feasibility from the school .They both should be punished !