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On Thursday, February 25th, a public hearing was held to consider the Kirchman Gallery application for a beer and wine permit. The Kirchman Gallery, located at 305 E. Main, is owned and operated by Susan Kirchman and Warren Vilmaire. This property is the second gallery opened by Kirchman. The first gallery, located in Johnson City on Nugent Street across from Blanco County Courthouse, opened two years ago.

In an effort to increase business and to maintain visitor interest in Johnson City, Kirchman decided to take advantage of Johnson City’s proximity to the Texas Wine Trail and open a wine tasting room in their business on Main Street.

The application for a beer and wine permit was submitted to the Texas Alcoholic Beverage Commission (TABC). TABC approved the application, meaning that the gallery met the requirements set out by the legislature and TABC rules necessary to obtain a permit. However, within these rules is a discretionary clause that enables a county judge to make a ruling on a permit application within his jurisdiction.

The county judge has authority to conduct a public hearing on the application to determine if all facts stated in the application are correct and whether there is a legal basis to deny the application, and enter an order certifying its findings. The county judge also has the authority to approve or disapprove a renewal application for a wine and beer license when it is refused and returned to the county judge to be heard as an original. Because residents near the location of the Kirchman Gallery protested the permit application, Judge Guthrie ordered a public hearing to be held.

Five people spoke on behalf of granting Kirchman Gallery the permit and approximately seven or eight spoke against granting the permit. An official protest was filed by Janet Hargis, a neighbor to the gallery. Roger Lawson, Youth Minister for the Baptist Church, relayed to the judge the church’s concern regarding safety. The parking lot for the First Baptist Church is adjacent to the gallery and church members were concerned that visitors to the gallery would utilize the parking lot and that the increased traffic on the lot might endanger the youth. On a personal note, Mr. Lawson felt that the City of Johnson City could come up with more innovative ideas to increase business in the community other than allowing another business establishment to serve alcohol.

Judge Guthrie ruled in favor of those who protested and did not grant Kirchman Gallery the wine and beer permit.

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In a telephone interview, Judge Guthrie stated that his main concern was the lack of adequate parking at the gallery and the probability that gallery patrons would use the church lot to park. He also noted that the church is a little more than ten feet from a business that wants to serve and sell alcohol. Guthrie also said that his denial was not based so much upon Kirchman Gallery’s desire to sell alcohol, their business hours are from 11 am-6 pm, but that if the property sold in the future to someone who wanted to open a pool hall, for example, denying a beer and wine permit application would be difficult.