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Houston Heights Beverage Coalition PAC

More on Heights alcohol vote 2.0

From the Heights Examiner (now a section of the Wednesday Chron), the reasons why restauranteurs want in on the action.

But the possible reversal of the century-old prohibition on restaurants would mean more than just no longer having to sign a slip of a paper before being served, said Morgan Weber who owns Revival Market on Heights Boulevard, Coltivare on White Oak Drive and Eight Row Flint on Yale Street.

“When we opened Coltivare we always knew this was just going to be one of the hassles and hoops we have to jump through,” said Weber. “What we didn’t know was what a legitimate pain it would be and how much it eats into your bottom line – reality sets in and that’s a different story.”

Weber said the private club model – that exists as a nonprofit, meaning they must have a board of directors for the entity – requires his restaurants maintain a separate bank account for alcohol sales and that the money from those sales cannot be withdrawn without a meeting of the board and a vote. Due to intricacies of the rules, alcohol sales from Coltivare sat in the bank for one full year before Weber and his team were able to withdraw the funds. Further, he can’t have his alcohol inventory delivered to his business. He has to send an employee to go pick it up. And he has to pay more for that inventory than other restaurants and bars in Houston who can sell alcohol under standard Texas Alcoholic Beverage Commission rules. He said he pays barely above retail for liquor, beer and wine.

Just based on buying alcohol at that rate, Weber estimates he’s losing 7 to 8 percent from his bottom line. That doesn’t take into account added labor for separate bookkeeping and trips to pick up inventory.

It’s not as easy as just charging more for cocktails, either, he said. Because patrons have an upper-limit to what they’ll pay for a martini, he can’t charge $14 at Eight Row Flint when Anvil in Montrose is charging $10.

See here for the background. I’m not in any way involved in the restaurant business, so I have no idea if Weber is reporting accurately or if he is exaggerating in some way, but if he’s telling it like it is then I can certainly understand his (and presumably others’) motivation. I have friends who live in the dry zone and I know some of them are not happy about this. I get that, but I can’t bring myself to endorse any of Texas’ antiquated and byzantine booze laws. I feel the same way about this as I do about the shamelessly rent-seeking beer distributors. These laws are anti-consumer, and they should be consigned to the scrap heap.

We could have another Heights alcohol vote

Sure, why not?

Heights voters last fall lifted a 105-year-old ban on the sale of beer and wine at grocery stores, but customers still must join a private club if they want to drink alcohol at area restaurants or bars. That means submitting a drivers license for entry into a club database.

The Houston Heights Restaurant Coalition petition would lift that requirement, leaving the historically dry portion of the Heights nearly wet. Liquor sales at grocery and convenience stores still would be banned.

“While we were doing (the petition) last year, a couple of restaurants came around and said, ‘Hey, we’re here too,'” said Bryan Poff, a project manager for Austin-based Texas Petition Strategies, which is managing the petition drive. “As soon as they saw how much support beer and wine got … that was all they needed.”

[…]

Morgan Weber, co-owner of Coltivare and Eight Row Flint, said allowing restaurants and bars to sell alcohol more freely would improve the customer experience and help streamline operations.

“It’s not ideal from our perspective, because instead of really being able to make a great first impression … the first thing out of our mouth when you order alcohol is that we need to see your drivers license,” Weber said. “It’s right out of the gate kind of negative.”

Weber also pointed to Texas Alcoholic Beverage Commission rules that require restaurants and bars looking to sell alcohol in dry parts of the Heights to establish a separate non-profit or association to receive the proceeds of alcohol sales and pay for the private club’s operation.

See here for coverage of last year’s effort. I supported that effort (though I couldn’t vote for it, as I don’t live in that part of the Heights), as I generally support efforts to undo dry restrictions. This particular restriction is kind of silly – as noted in the story, restaurants can sell booze, they just have to collect your name and drivers license info for their “private club” to do it. I’m sure there will be opposition to this – I knew plenty of people who were against last year’s referendum, and I doubt they’ll be any happier with this one – though Bill Baldwin won’t be leading it. My early guess is that it will succeed if it gets to a vote, but we’ll see. Swamplot and Eater Houston have more.

Dems sweep Harris County

Hillary Clinton had a 100K lead in early voting in Harris County, and increased her lead as the night went on. The only countywide Republican who was leading early on was Mike Sullivan, but later in the evening, at the time when 80% of the Election Day vote was in, Ann Harris Bennett caught and passed him. Kim Ogg and Ed Gonzalez won easily, Vince Ryan was re-elected easily, and all Democratic judicial candidates won.

The HISD recapture referendum went down big, the Heights referendum to update the dry ordinance won, and Anne Sung will face John Luman in a runoff for HISD VII. Statewide, Clinton was trailing by about nine points, and with a ton of precincts still out was already at President Obama’s vote level from 2012. Dems appear to have picked up several State House seats, though not the SBOE seat or CD23. Clinton also carried Fort Bend County, though she had no coattails, and Commissioner Richard Morrison unfortunately lost.

I’m too stunned by what happened nationally to have anything else to say at this time. I’ll be back when I recover.

Races I’ll be watching today, non-Legislative edition

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This is my companion to yesterday’s piece.

1. SBOE district 5

I’ve discussed the SBOE races before. This particular race, between incumbent Ken Mercer and repeat challenger Rebecca Bell-Metereau, is the one that has the closest spread based on past performance, and thus is the most likely to flip. If it does flip, it would not only have a significant effect on the SBOE, which would go from 10-5 Republican to 9-6, with one of the more noxious members getting ousted, it would also cause a bit of a tremor in that this was not really on anyone’s radar going into 2016. Redistricting is supposed to be destiny, based on long-established voting patterns. If those patterns don’t hold any more, that’s a big effing deal.

2. Appeals courts

I’ve also talked about this. The five courts of interest are the First, Fourth, Fifth, 13th, and 14th Courts of Appeals, and there are multiple benches available to win. I honestly have no idea if having more Democrats on these benches will have a similar effect as having more Democrats on the various federal appellate benches, especially given that the Supreme Court and CCA will most likely remain more or less as they are – I would love to hear from the lawyers out there about this – but I do know that having more Dems on these benches means having more experienced and credible candidates available to run for the Supreme Court and CCA, and also having more such candidates available for elevation to federal benches. Building up the political bench is a big deal.

3. Edwards County Sheriff’s race

Jon Harris is an experienced Democratic lawman running for Sheriff against a wacko extremist in a very Republican county, though one with a small number of voters. This one is about sanity more than anything else.

4. Waller County Sheriff’s race

I’ll be honest, I didn’t have this one on my radar until I read this Trib story about the race, in which the recent death of Sandra Bland is a factor. Waller County went 53-46 for McCain over Obama in 2008, though the Sheriff’s race that featured a problematic Republican was a lot closer. It was 58-41 for Romney, which is close to what it was statewide. Democratic challenger Cedric Watson will have to outperfom the countywide base to defeat incumbent Glenn Smith, it’s mostly a matter of by how much he’ll have to outperform.

5. Harris County Department of Education, Precinct 2

There aren’t any at large HCDE Trustee positions up for election this year, so I haven’t paid much attention to them. This race is interesting for two reasons. One, the Democratic candidate is Sherrie Matula, who is exceptionally qualified and who ran a couple of honorable races for HD129 in 2008 and 2010. And two, this is Jack Morman’s Commissioner’s Court precinct. A win by Matula might serve as a catalyst for a strong candidate (*cough* *cough* Adrian Garcia *cough* *cough*) to run against Morman in 2018.

6. HISD District VII special election

You know this one. It’s Democrat Anne Sung versus two credible Republicans and one non-entity who hasn’t bothered to do anything other than have a few signs put up around town. One key to this race is that it’s the only one that will go to a runoff if no one reaches 50% plus one. Needless to say, the conditions for a December runoff would be very different than the conditions are today.

7. HISD recapture and Heights dry referenda

I don’t think any explanation is needed for these.

What non-legislative races are on your watch list for today?

Chron overview of Heights dry referendum

For an issue that directly affects a few thousand people, this sure had gotten a lot of attention.

[Bill] Baldwin is part of the “Keep the Heights Dry” movement, a group of individuals urging residents who live in the dry part of the Heights to vote against the city of Houston proposition that would allow the legal sale of beer and wine for off-premise consumption.

If the proposition passes on Nov. 8, retailers like convenience and grocery stores would be able to sell beer and wine in a part of the Heights that has been dry since 1904. The change would not affect restaurants, which are able to sell alcohol by forming private clubs that their customers can join by providing their driver’s licenses.

Baldwin’s group is going up against the Houston Heights Beverage Coalition, a political action committee formed earlier this year to push the reversal of the dry law.

Largely at stake is the proposed development of a new H-E-B on a former Fiesta site at 2300 N. Shepherd.

H-E-B wants to buy the property but said it needs to be able to sell wine and beer in order for the store to be economically feasible.

“From a business proposition, if I spend $25 or $30 million building a store I also need to make sure it can earn a fair return,” said Scott McClelland, Houston division president for H-E-B.

The San Antonio-based grocer has put more than $60,000 into the coalition, according to finance reports filed with the Texas Ethics Commission.

Baldwin, who lives in the Heights but outside the dry area, said the election is not about being against H-E-B but preserving the character of the neighborhood.

His group has been urging residents of the dry area to consider the issue apart from H-E-B.

He said more service stations and convenience stores could diminish property values of the homes around them.

“This election is not about H-E-B, it’s about changing the fabric about my community,” Baldwin said.

Honestly, there’s nothing here that you couldn’t learn from reading the dueling op-eds or listening to the interviews that I did with Baldwin and Reilley. The story did remind me that there used to a a tiny HEB – it was called an “HEB Pantry store” back in the day – in the Heights that no one went to because it didn’t have much in it. This whole debate is a little nuts because people in the greater Heights area have been begging to get a real HEB like the one in Montrose in the neighborhood, and if it weren’t for this oddball quirk of history, the announcement that there would be an HEB built on the site of the old Fiesta would be greeted with handsprings and huzzahs. But because we’re held hostage to the way some people viewed the demon rum a century ago, we’re stuck with this silly debate. Everyone in America is ready for the Presidential race to be over, I’m ready for this referendum to be settled.

The dry debate

The Chron hosted a mini-debate about the vote to change the Heights dry ordinance on its Monday op-ed pages. Bill Baldwin represented the status quo, for keeping the Heights (the original Heights) dry.

With the stark reality of land use as it is today, our deed restrictions are patchy, and most properties on high-traffic streets here are not restricted at all. In a city with no zoning, other typical neighborhoods have deed restrictions where the Heights does not. Undoubtedly, the dry area has successfully kept large operators such as Walmart, Target, Sprouts, Kroger and a Whole Foods concept on the way all outside of our historic borders. Eliminate that barrier and you make way for future big-box retailers, gas stations and convenience stores, along with their parking demands and high traffic.

You don’t build a fence to keep out the good neighbors; it’s for the bad ones. In this scenario, we still consider H-E-B a good neighbor, but I am concerned about operators without the reputation of H-E-B.

We don’t know exactly what will happen if we change the dry area, but we do know this: All around the city there is concern about the changing character of neighborhoods. Like the rest of the city, the Heights is wrestling with these issues of development and identity. How do we responsibly progress, increase property values and keep a sense of identity intrinsically tied to the community? In the Heights, the dry area has in many non-obvious ways functioned toward those ends. Keeping the Heights dry means also keeping it local and residential.

Steve Reilley spoke for the pro-change faction, to amend the historic dry ordinance to allow beer and wine sales for off-premise consumption, i.e., retail sales.

We need to alter this regulation in order to welcome locally oriented businesses into the community. Rest assured, this is a grassroots effort, and is not driven by businesses wanting to sell alcohol. More than 1,700 Heights voters signed the petition requesting the measure be placed on the Nov. 8 ballot. Our effort has been criticized because of H-E-B’s involvement. H-E-B didn’t sign the petition – we did. And the Texas Constitution gives us the right to have this election because we want to preserve our neighborhood, increase consumer options, raise property values and increase walkability, as Mayor Pro Tem Ellen Cohen, the chairwoman of the Houston City Council Quality of Life Committee, recently noted that the repeal of this regulation will do.

Some have suggested that permitting the sale of beer and wine for off-premise consumption will lead to the opening of convenience stores along Heights Boulevard, negatively affecting the Heights’ character. High property costs in the area would inhibit such use. In addition, much of Heights Boulevard and most of the affected area falls within the Houston Heights East and Houston Heights South Historic Districts, which prohibits existing covered structures from being torn down and replaced with nonconforming structures, such as convenience stores. Moreover, various properties along Heights Boulevard and other parts of The Heights are subject to deed restrictions that preclude commercial use.

Some opponents to the proposition have unfortunately engaged in “scare tactics” by suggesting unrealistic harm will fall upon our neighborhood if Heights-area stores are permitted to sell beer and wine for off-premise consumption. This election has nothing to do with liquor stores, bars, strip clubs or chain restaurants. It will have no impact on restaurants that operate as private clubs to serve alcoholic beverages to patrons. Residents will not be able to sell beer, wine or liquor out of their homes. This activity is already prohibited by numerous state laws, county regulations and city ordinances.

I did interviews with both gentlemen about this – here’s Baldwin and here’s Reilley. The latter was done in June after the petitions were submitted and before there was any organized opposition, so that interview was more informational, since there were still a lot of questions about what this effort was and what it meant. Baldwin doesn’t really say anything in his piece that he didn’t say in the interview he did with me, while Reilley’s article necessarily includes some rebuttals of pro-dry talking points. If you are in the affected area and somehow haven’t yet decided which way to go on this referendum, the two opinion pieces and interviews should tell you all you need to know.

I have no idea which side will win. I won’t be surprised by either result. There’s been a lot of recent discussion of it on the Heights Kids mailing list, with a fairly even split between the factions; the few recent threads I’ve seen on Nestdoor were all started by pro-dry people. I’ve seen more pro-dry yard signs than I have seen pro-amend signs, but I’d say half of those signs are in yards that are not in the affected area. (A good bit of the discussion I’ve seen in both places has been about who actually gets to vote on this issue.) I’m pretty sure there will continue to be a lot of chatter about this after the election, whichever way it goes.

Interview with Bill Baldwin of Keep Heights Dry

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As you know, there will be a referendum on the ballot for a very limited electorate this year, to alter the existing ordinance that enforces a dry zone in the historic Houston Heights to allow the sale of beer and wine for off-premise consumption – for retailers, not for restaurants and bars, in other words. This referendum, formally known as City of Houston Proposition 1, was placed on the ballot by a petition drive led by the Houston Heights Beverage Coalition, which in turn was backed by HEB, which has announced its intention to open a store in the old Fiesta location on North Shepherd at 24th if this referendum passes. I did an interview with Steve Reilley of the HHBC back in June when petitions were still being circulated to clarify some questions about this. At the time, I noted that I was unaware of any organized opposition to this effort.

Well, formal opposition to this effort does exist, and it’s called Keep The Heights Dry. I’ve seen a few of their yard signs around the neighborhood in recent weeks. Their argument as you can see on that Facebook page is one part preservationist and one part neighborhood protection, and last week they reached out to me to see about doing an interview. Bill Baldwin, who has a real estate office on Heights Blvd at 16th Street, is one of the leaders of this opposition effort and the person I spoke to about it. Here’s the conversation:

Interviews and Q&As from the primaries are on my 2016 Election page. I will eventually get around to updating it to include links to fall interviews.

HEB confirms interest in Heights location

As rumored.

Residents have seen and heard speculation and rumors for months, wondering what the fate would be regarding H-E-B’s potential Heights move. Well wait no more.

After the rumor mill ran wild following the No-Dry Vote petition spearheaded by H-E-B and the Houston Heights Beverage Coalition earlier this year, president of the company’s Houston region Scott McClelland confirmed to The Leader in an interview that the company plans to open its new location at the site of the old Fiesta in the Heights, should voters elect to make that area “wet” in November. The official site announcement took place at the old Fiesta location on 23rd Street and North Shepherd Thursday morning.

A permanent move into the Heights remains predicated on the No Dry Vote passing, and it appears H-E-B as well as the Coalition are confident in its future success, as evidenced by Thursday morning’s proceedings.

Advocates such as Heights resident, local attorney and chair of the coalition Steve Reilley told The Leader in September that opening an H-E-B within the Heights would provide a boon for the economy along with the diversity in shopping options.

“There are a lot of people who would like to have a big grocery store within walking distance because they don’t have transportation or would like to have a job they can walk to in the Heights,” he said.

McClelland’s recent inboxes seem to say as much.

“Over the last five years I’ve probably gotten more requests for a store in the Heights than anywhere else in Houston,” he said.

See here for all previous blogging on this topic. The former Fiesta site has been talked about as a potential HEB ever since the original store was sold and demolished. As noted, this is all predicated on the dry law revision being passed. KUHF addresses that.

In August, the City Council voted to place a referendum on the ballot to lift the ban on the sale of beer and wine for off-premise consumption.

Steve Reilley leads the Houston Heights Beverage Coalition, which collected more than 1,700 signatures on a petition to overturn the ban. He, together with city council members and representatives from the retail industry, kicked off the official campaign for a yes vote.

They’ll have to convince at least half of the estimated 10,500 voters who live here.

Considering there is no organized opposition, this sounds like an easy task but Reilley says they’re not taking it for granted.

“In Houston/Harris County, a November ballot in a presidential year is very, very, very long,” he says. “And so this one is literally going to be the last thing, the bottom of the ballot on that November ballot, so we have to get the word out.”

He says there’s also some misinformation about what the ordinance would do. It doesn’t repeal the original law that established the ban but merely allows for beer and wine to be sold in stores.

I don’t know about organized opposition, but I have seen one yard sign advocating a No vote, so someone is working against it. I make the referendum a favorite to pass, but it’s unusual enough – and this is a weird enough year – that I wouldn’t feel too confident about that. The Chron, Swamplot, and the Houston Business Journal have more.

Heights alcohol rule change petitions verified

The item will be on the ballot, pending Council approval.

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City Secretary Anna Russell confirmed that the Houston Heights Beverage Coalition gathered 1,759 valid signatures for its petition submitted last month, 248 more than required by law.

The Houston City Council is now slated Wednesday to formally call the election for Nov. 8, as required by state law.

The ban predates Prohibition. It first went into effect in 1912 and was kept in place when the Heights was annexed into Houston in 1918.

If the ban is lifted, residents would be allowed to buy alcohol at grocery and convenience stores. The change would not affect alcohol sales at restaurants.

See here, here, and here for some background, and here for my interview with Steve Reilley, who led the petition effort for the Houston Heights Beverage Coalition. I should note that the petitions specified “off-premise beer and wine sales”, so hard liquor would still not be available for purchase within this zone. As is always the case with dry areas, there are two liquor stores right outside the zone – they’ve been there for as long as I can remember – so no big deal.

The ballot proposition has now been approved by City Council, so it will officially be there. Only people who live in the historic dry area will have this item on their ballot, so administering it ought to be interesting. There is definitely some opposition to this, and as it is an affluent area I expect a fair amount of money to be spent by both sides between now and November. I consider the change effort to be the favorite to win, but anything can happen. The Press has more.

An update on the effort to make the Heights less dry

In which we learn there is indeed some opposition to this effort.

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A petition favored by grocery giant H-E-B to partially lift a 104-year-old ban on beer and wine sales in a dry part of the Heights could be headed for a vote this fall.

The Houston Heights Beverage Coalition, which was formed to push the effort to allow sales for off-premise consumption, reported it gathered more than 1,700 signatures in 21 days. By law, the coalition had 60 days to collect a minimum of 1,511 signatures. The measure now is awaiting certification by the city secretary’s office.

H-E-B, which has expressed strong interest in establishing a store in the area, gave proponents a boost by working with Austin-based political consulting firm Texas Petition Strategies for the signature drive.

[…]

Opponents say the ban – put in place shortly before Prohibition – has kept the neighborhood family-friendly and helps guard against unwanted development. A change could alter future development, local resident and real estate agent Bill Baldwin warned.

“It opens the door for waves of other commercial development that undermines the character of this historic neighborhood, when the reality is we could simply drive one extra mile to get out of the dry area, get what we need, and still be able to enjoy the amenities and quality of life that I and my neighbors love,” Baldwin said in an email. “I myself am willing to go that extra mile.”

The Houston Heights Association has not taken a position on the ban, he added.

[…]

There is a Kroger in the dry area at West 20th and Yale. By contrast, the Kroger on North Shepherd at 11th Street is in a wet area. It recently opened an in-store bar that sells draft beer and wine. Kroger is not participating in the petition effort.

Baldwin said such nearby access makes repeal unnecessary. He said the movement comes from people with commercial interests in a change.

See here, here, here, and here for the background. I personally find the argument espoused by Baldwin to be specious. Even if this effort could lead to liquor stores being opened in the Heights – which as we know the Beverage Coalition denies – it strikes me as unlikely that anything but a high-end place could afford the rent. I figure the amenities that people like about the neighborhood include things like walkability and good schools, and I rather doubt that an HEB would be seen as a negative. That will be a discussion for the campaign, assuming the City Secretary validates that there were enough signatures turned in. We should know that soon enough.

Interview with Steve Reilley

By now you are aware of the effort to alter the historic regulations that keep the part of town that was once the independent city of the Houston Heights dry. The dry designation, in the area you see in the embedded picture – see here if you’d like a more modern context – was part of the annexation agreement between the Houston Heights and Houston. It could only be overturned by an election. Well, that election appears to be slated for this November, as a group called the Houston Heights Beverage Coalition says it has collected enough signatures from relevant residents to put this on the November ballot. The issue has already attracted a great deal of attention, and no small amount of misinformation, from residents and folks nearby, some who want to keep things as they are and some who can’t wait to have an HEB built nearby. To try to clarify things and get some answers to my own questions about the process, I sat down for an interview with Steve Reilley, who is heading the effort for the HHBC. Reilley is an attorney and a resident of the affected area, and he was a Democratic candidate for civil court judge in 2010. Here’s what we talked about:

As I said, there is definitely some opposition to this, as well as some enthusiastic support, but as yet I am not aware of an organized effort to oppose the ballot measure. When I do learn of such a group or organization, I will reach out to them for an interview as well. What are your thoughts on this?

A brief summary of the effort to make the Heights less dry

The Heights Life provides a fact sheet:

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  • The petition is backed by HEB, who hired a law firm to handle the drive. Some of the canvassers, who are paid and may or may not be your neighbors or Heights residents, may not know about HEB, only the firm that hired them. Either way, it’s all about HEB.
  • The petition itself does NOT actually change anything about the existing law. The petition puts the issue on the ballot to be voted on in November.
  • You can only sign the petition and participate in the subsequent vote if you live in the dry zone.
  • The petition/future vote are for *off premise sales of beer and wine only.* This means you can buy beer or wine at the store and take it elsewhere. You will not be able to drink at the store.
  • The petition and vote will NOT ALLOW hard liquor sales.
  • Restaurants and bars will still have to get a club license to serve on-premise beer/wine/alcohol in their establishment.

There’s more, so go read the rest. The Houston Heights Beverage Coalition now has a Facebook page if you’re into that sort of thing. Note that my embedded graphic is an inaccurate representation of what’s at issue here, but I don’t feel like finding something else. As The Heights Life notes, there are already plans for an HEB on Washington Avenue, which is outside the dry zone. A Heights-based HEB would surely be in the spot of the now-shuttered Fiesta on Shepherd, just inside the northern boundary of the zone. This only happens if the vote to alter the off-premise sales restriction passes.

As Campos notes, there’s been a lot of discussion on Heights Kids and Nextdoor about the petition effort and what it means, not all of it (in my opinion) very accurate. I’m sure that is what prompted this post by THL, to help clear things up. I’m going to do my part for that shortly, as I plan to interview Steve Reilley of the Houston Heights Beverage Coalition PAC; there are a bunch of process-related questions I’d like answered, among other things. The HHBC has reportedly collected a sufficient number of petition signatures, so assuming they are verified, some number of voters will have another item on which to vote this November. If an opposition group should form for this, I’ll do my best to interview a representative from that group as well. In the meantime, this is what we’ve got.

Endorsement watch: For making the Heights less dry

The Chron is rooting for that petition effort to change the alcohol rules in the historic Heights.

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Today, sitting down in some of the restaurants in the Heights is like slipping through a wormhole into a bygone era when respectable Texas businessmen carried flasks of whiskey in their pockets. Waiters invite you to sign up for a private club – wink, wink – whose card-carrying members are allowed access to the establishment’s stash of demon rum.

Now, if a modern-day neighborhood reform movement succeeds, this quirky rule banning booze sales in the Heights may finally be amended. Something called the Houston Heights Beverage Coalition has started collecting signatures on petitions calling for a referendum that could allow stores in the Heights to sell beer and wine. And it’s about time.

Nothing would change for bars or restaurants, which would still have to live with those archaic Prohibition-era restrictions. And package liquor stores would still be forbidden in the old neighborhood. The new rules would apply only to selling beer and wine that shoppers would carry out of stores and drink somewhere else.

Still, we hope this proposal for a limited rollback of Prohibition in the Heights succeeds, because this area’s booze ban has pointlessly shackled retailers and inconvenienced consumers who don’t even drink.

These antiquated restrictions on alcoholic beverage sales are a major reason why some people who live in the Heights have to drive out of their way to buy groceries. Beer and wine sales are a crucial source of income for grocers, an industry scraping by – according to data from the New York University Stern School of Business – on net profit margins of less than 2 percent. Although a comparatively small Kroger store survives in the Heights without beer and wine sales, expanding supermarket chains have conspicuously opened new stores outside the boundaries of the Heights.

See here and here for the background. If you’ve followed this blog for awhile, you know that as a rule I support efforts to repeal Prohibition-era anti-booze laws. This effort is no exception – I’d sign the petition and vote in favor of the ensuing referendum if I lived in the affected area. There’s no good argument against allowing a grocery store to sell beer and wine in this part of town. I can’t help but think that this referendum effort is going to walk through a minefield of legal technicalities just because it’s such an oddball situation, but I say take them as they come. I wish the Houston Heights Beverage Coalition PAC good luck in their quest.

More on the effort to make the Heights less dry

From the Chron:

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With the intention of building a new store in the Heights, H-E-B said Wednesday that it has been working with a political consulting firm in Austin to help change a law precluding beer and wine sales in a dry part of the historic Houston neighborhood.

The grocer said it has contracted with Texas Petition Strategies to collect signatures needed to secure a place on the November ballot where residents can vote to make beer and wine sales – for off-premise consumption – legal.

The effort has led to a petition drive by a group called the Houston Heights Beverage Coalition, which has been seeking some 1,500 signatures needed.

H-E-B spokeswoman Cyndy Garza Roberts said a location in the Heights has been identified, but the company is still in negotiations on the site and commenting on specific details would be premature.

“We definitely want to be in the Heights, but in order to do so we need to make sure we provide those customers with the same quality products that they’re able to find at our other stores,” she said.

[…]

The group has 60 days to gather the signatures from residents who live in the area formerly known as the City of Houston Heights. Once the signatures are gathered, they will be verified by the City Secretary with Houston City Council then calling the election for November, according to a news release.

The signatures are being collected by a door-to-door effort and they can also be signed at area establishments, including Coltivare and Revival Market, said Hatch. The coalition has secured more than half of the signatures needed.

See here for the background. The one thing I know for sure is that a lot of Heights residents have been hoping for an HEB to be built in the neighborhood. I’d recommend playing that angle up, both in the signature-gathering and the election itself. I’ll be interested to see what if any opposition arises to this as well. Given the November date, turnout won’t be an issue.

Making the Heights a little less dry

From Swamplot:

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A GROUP CALLED the Houston Heights Beverage Coalition PAC is hoping to bring about a vote on allowing beer and wine sales in the technically dry section of the Houston Heights. The group published a notice on May 5th announcing an application to the city to start collecting the petition signaturesrequired to get the measure on a local option ballot.

[…]

The group’s immediate goal isn’t to do away with all alcohol restrictions, and the proposed ballot measure wouldn’t get rid of the current private-club workaround frequently employed by area bars and restaurants. But the proposal would lift existing barriers for stores trying to sell beer and wine to becarried away elsewhere — an issue that forced the recently closed Fiesta Mart at N. Shepherd and 24th St. to install its traditionally-in-the-parking-lot Beverage Mart a full 4 blocks away on the corner with 28th St. (across the northern boundary of the zone).

Here’s a map of the dry area, which hasn’t slowed the proliferation of places to dine and imbibe in the Heights. Many of them are east of Oxford, which puts them outside the zone. Others, like the Down House, do the “private club” dodge, while Torchy’s on 19th inherited a grandfathered license from a defunct icehouse. When I first read this story, I thought it would be about repealing the ban for eateries and drinkeries, but apparently not. The Press has since given some clarification about who and what is behind this.

The chair of the [Houston Heights Beverage Coalition PAC] is an attorney named Steve Reilley, a founding partner of the Thompson & Reilley law firm. He says that the main impetus for this action is that the group simply wants to have “a nice grocery store in the neighborhood.” He pointed out the recent closing of the Fiesta location in the area and says that retailers are unwilling to expand or move in owing to the inability to sell beer and wine. “They can’t make the money without the beer and wine sales. We hope we are able to bring these stores in if we are able to alter the statute,” he said. “We want the same nice stores you see in other parts of town and [to] have them be economically viable in The Heights.”

H-E-B is one of the grocery store chains that are eyeing building a store in The Heights, but nothing definitive has happened on that yet, according to Swamplot. We asked Reilley if H-E-B was one of the members of the Houston Heights Beverage Coalition. “I believe they have definitely expressed interest in it and they’re definitely going to support this,” he said. “It is my understanding that if it passes, they are going to very likely move into The Heights. To that degree, yes, they’re part of it, and I believe they will be part of it going forward.” We left a message for H-E-B’s director of public affairs in Houston to see if the grocery store chain has any comment, and will update this article if we receive a response.

Reilley said other grocery chains are part of the special interest group but said he wasn’t able to confirm that. He referred us to John Hatch of Texas Petition Strategies of Austin, a company that has been hired to oversee collecting signatures and, if the issue makes it onto the ballot, stumping for a passing vote. We left a phone message for Hatch but have not yet received a call back.

The press release says, “TPS has conducted over 300 petition efforts in 170 different Texas communities, with more than an 83% the efforts passing — including efforts in Brazoria County, Lumberton, Lubbock, Dallas and Fort Worth.”

I gather from recent activity on the Heights Kids message board that people have been out knocking on doors to gather petition signatures, with an aim of having something on the ballot this November. I also gather that some folks are not clear on the details of this issue – specifically, why part of the Heights is “dry”, what exactly that means, and why there needs to be an election to change it. That may add to their challenge. A this subsequent comment notes that there are some potentially tricky legal issues involved as well, meaning that however this shakes out someone may wind up suing over whatever the result is. Any lawyers in the crowd want to comment on that? In any event, we’ll keep an eye on this. I live outside the “dry” zone, so I (presumably) wouldn’t get to vote on this. If you’ve been asked to sign a petition, leave a comment and let us know. More here from Swamplot.