Judge reverses county judge's denial of beer permit for historic Tokio Store; new hearing needed

Judge reverses county judge's denial of beer permit for historic Tokio Store; new hearing needed

By Tommy Witherspoon Tribune-Herald staff writer

Friday, October 30, 2009

The battle over whether the manager of the historic Tokio Store will get a beer permit for the 100-year-old former general store went back to square one Thursday.

Judge Ralph Strother of Waco’s 19th State District Court reversed an August denial of the beer permit by McLennan County Judge Jim Lewis and sent the dispute back to Lewis for another contested hearing.

Ruling that Lewis had improperly placed the burden of proof on the wrong side and applied the wrong Texas Alcoholic Beverage Commission standards to the case, Strother approved the reversal as requested by Fred Brown, attorney for Alfons Joseph Cinek Jr.

Strother’s ruling was not contested by Assistant Attorney General Mike Crowley, who represented the TABC at the hearing. Crowley agreed that Lewis erred by forcing Cinek at an August hearing to try to prove that the rural bar in northern McLennan County is not a nuisance because of what neighbors have said are rowdy crowds, loud bands and unresolved parking problems.

Instead, Strother ruled, the neighbors protesting the beer permit have the burden to prove that the bar is a nuisance and that the permit should be denied. Without the protests, the permit would have been granted, Brown said.

Lewis said Thursday that he had not seen Strother’s ruling, adding that he could not comment on a pending matter. He had not set a date Thursday for another hearing.

Lewis also erred, Strother ruled, by applying TABC regulations that govern an applicant who has been stripped of a beer permit and is trying to get it back. Cinek, a retired sheet-metal worker whose family has lived in the Tokio area since 1886, is leasing the bar from owners Charles and Deborah Kirkpatrick and has not had a beer permit in his name.

While the TABC issues beer permits, it cannot do so without the approval of the county judge or higher court. TABC officials took no stand in the ongoing dispute between the store-turned-bar and its neighbors during an appeal of Lewis’ denial in August.

Lewis denied the application again, saying that Cinek did not prove that he could run the store “in a manner that would not be detrimental to the general welfare, health, peace, morals, safety and sense of decency of the people.”

Since the Kirkpatricks lost the beer permit, Cinek has been operating the business as a BYOB establishment.

Brown argued Thursday that if the Tokio Store had a beer license, many of the problems complained about by the neighbors, including customers drinking beer and urinating outside, would likely go away because Cinek and TABC officials would have more control over their actions.

“Oddly enough, if the license were granted, many of the problems these people complain of will be solved,” Brown said.

Pam Young, who lives near the bar with her sister, Paula, and their mother, said Thursday that the protesting neighbors “welcome another hearing, and we will come armed with plenty of evidence.”

She said as recently as last Saturday, Cinek held an event to raise funds for his legal battle. The Youngs took photographs of motorcycles and cars parked in front of the store and blocking a county road.

Precinct 3 Commissioner Joe Mashek, who attended the hearing Thursday, has tried to work with the Kirkpatricks and the neighbors to solve the parking problems in recent years. The store set up a parking area beside the Kirkpatricks’ house, but regular patrons, accustomed to parking in front of the store for years, have been slow to accept the change.

Cinek said the complaints about parking on county property need to be addressed by Mashek and the county. Mashek did not return phone messages left at his office Thursday.

twitherspoon@wacotrib.com

757-5737

Comments

By Chief

Nov 4, 2009 2:58 PM | Link to this

Bottom line is Tokio is no Beer hell raising biker bar - that is a lie. I have lived here for 25 years and had gone there and had a cold beer after working on the tractor on a hot day.

Yes there are some bikers but they are some of the greatest guys and gals. some are doctors , police, EMS, lawyers, business owners,

""the problem is""" the protest group of "" 4 "" people give me and all of us a break 4 people protesting?
enough with your lies and please do yourself a favor and get a life.

""We "" the comunity and bikers .business owners, farmers. families, will contiue to go to tokio and i envite anyone out there to come to tokio and see for yourself.

Chief.

By Chief

Nov 4, 2009 2:58 PM | Link to this

By Oh Yea

Nov 4, 2009 8:40 AM | Link to this

Rider 2, I would say the neighbors arn't doing anymore against the law than Tokio Store, the difference is, Tokio Store hasn't lied under oath, harrased or had a say in anything that has gone on with the road. The neighbors have pushed the road issue until they have not only lost their road but the respect of the neighborhood. I know of several people that have really hard feeling against the protesters for what they have done to this area. This was not because of Tokio Store, this was because of the protesters. Tokio Store does not have the right to tell anyone anything regarding the area in front of the Store, Home or parking lot. That is county property and they need to address their complaints with the commissioners court instead of trying to make the Tokio Store responsible for their issues. They can't even blame the commissioner, he was pushed to take of the situation the only way he could. I know they don't believe this, but it's true from my point of view. You can call any agency and talk with them about what has occurred with these protesters and they will tell you exactly how the protesters have been. This is a dead issue regarding the road, and the more they push the less people will listen. The people in the community are tired of seeing the area torn up and destroyed because the protesters don't know when to quit. They have cut their noses off to spite their faces. It was amazing how the tables turned when even the Attorney General's office agreed that Mr. Cinek was treated not just unfairly, but unjustly, with the law demanding a new hearing. It took getting this away from a judge that is biased in too many ways to list. This time he is being watched and has his reputation as a judge on the line. I don't think the protesters are going to find it so easy this time, and maybe will realize how fruitless this kind of attack is. It needs to stop. I believe if they try the Store, and the neighborhood can get along with the protesters. I give Mr. Cinek credit for even continuing to try and be nice to these people after the way they have treated him. He had nothing to do with anything in the past or issues with the road.

By Rider 2

Nov 3, 2009 12:24 PM | Link to this

Maybe Mr. Cinek should call the Sheriff's department on them. Just curious, what are the neighors doing that is against the law?

By Oh Yea

Nov 2, 2009 4:09 PM | Link to this

Rider 2, It's not just the 5% at tokio that has given the bikers a bad name it's all over not just at tokio. I don't recall ever seeing a problem with the bikers at Tokio. If problems exist, I would say it's across the board, not just one particular group, and it's everywhere, not just at Tokio Store. I would say the neighbors have been more of the problems Tokio Store has had to deal with then the customers.

By Rider 2

Nov 2, 2009 9:55 AM | Link to this

Connie,
I am with the CU riders. No one has ever questioned the generosity of bikers. It's that 5% you mentioned that has given bikers a bad rep there at Tokio.

By connie

Nov 1, 2009 10:56 AM | Link to this

I'm with the v.f.w.riders my husband and I have ben going to the Tokio store on rides for 8 yrs now We never had any problems. Scooter riders come from all over to visit the store i'ts good for the economy.Sure once in while you might have one troublemaker but that's anywhere. 95% of bike riders don't get drunk or cause trouble because they are on bikes they have to ride home. People just like to have fun.Just so you know m.c. riders are famous for donateing to benifets.I gaurantee if one of the snooty residents children neded money for surgery,funeral medical bills ect; the brothers and sisters of the motorcycle world would be the first ones to give, know questions asked.THINK about that you hypocrites before you start throwing stones at someone who could be instrummental in saveing a life maybe even yours or your childs.

By Treasurer

Oct 31, 2009 5:56 PM | Link to this

To Just Thinkin'

You can call the county commissioner, a Joe Mashek and request the amount of your taxpayer dollars he spent on providing the Tokio Store a parking lot on county property. He must provide that information to you upon request.

By alsfoolish

Oct 31, 2009 12:32 PM | Link to this

BYOB or a licensed beer joint has nothing to do with if or how Cinic can control the patrons. fact is, he probably cant either way. Cinic has just stood around with his hand out begging for donations to fight his self interest cause.
Cinic should use his own money and change the environment. Maybe change the place from a raise hell beer joint into more of a place to go and eat a burger or steak type place. Aswell as sell beers and such. The thing that bothers me the most is all of his begging for others to fund his fight. Tokio could coexists with everyone but it needs to change its ways.

By Odd or Even

Oct 31, 2009 11:08 AM | Link to this

It really doesn't matter who came first, it doesn't matter about what was in the past. It matters about now. Now is the time for everyone to focus on. Going back over old feeling towards the Kirkpatricks is not going to do any good. It's important to build a good relationship with Mr. Cinek, since he is the person leasing the building. The Kirkpatricks are out of the picture, so stop focusing on them, just like Bimbo Hand, you can't go back and change anything, but you can help build a better future for the area instead of building fences between neighbors. Look at what has been lost so far, due to stubbornness and grudges, with all the I'll show you who had power, loss of tempers. Is this the way you really want to continue you life. Look for something positive and work with that. It may not be perfect but if everyone is trying it may become something you can be proud of.

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