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State judge recommends allowing alcohol sales at Six Flags

01:20 PM CST on Saturday, January 10, 2009

By JEFF MOSIER / The Dallas Morning News

DMN
Opponents say the combination of thrill rides and alcohol could lead to hazardous conditions.

ARLINGTON — The beer taps could be flowing soon at Six Flags Over Texas and its Hurricane Harbor water park after a year-long licensing fight.

A state administrative law judge issued two non-binding opinions Friday recommending that the parks be allowed to sell alcohol. Carolyn Beck, a Texas Alcoholic Beverage Commission spokeswoman, said the agency’s administrator rarely rules against an administrative law judge.

“This is a service many of our guests have requested and one that we’ll be able to offer this season,” Sharon Parker, a Six Flags spokeswoman, said Friday.

She said she hopes that beer will be on sale when Six Flags opens Feb. 28.

The judge’s two 19-page proposals for decision, as they’re called, will be forwarded to the TABC administrator for a formal ruling.

Approval by administrator Alan Steen would give Six Flags its licenses, and opponents could not appeal. If the licenses are rejected by Steen, Six Flags could appeal in state district court.

Opponents of issuing the permits — including Arlington Mayor Robert Cluck — argued that the combination of thrill rides and alcohol could lead to hazardous conditions inside the parks. Others said the increased alcohol sales could make roads around the parks more hazardous and harm the family-friendly atmosphere.

“They’ve signed a death warrant for many adults and children in the Metroplex,” said Carl Fors of Fort Worth-based Texas Sober.

Fors, who testified in an October hearing about the licenses, said Texas leads the nation in alcohol-related fatalities, and that should be a wake-up call. He said allowing alcohol sales at the park would be a “clear and present danger” to Texans.

Also, Fors urged Texas to look to other states that require an impact study before issuing liquor licenses.

Ron Wright, a former Arlington City Council member, said he expected this result, but he was still disappointed. He predicted that Six Flags will get its licenses.

“That kind of license in a family-style park is inconsistent,” he said. “It poses a certain amount of risk.”

Administrative law Judge Tanya Cooper wrote in the opinions that the “protestants’ concerns, although understandable, do not rise to the level of an unusual condition or situation that justifies” rejecting the permit.

Wright said the precedent set by alcohol licenses at other theme parks was probably too much to overcome.

Alcohol is available at Six Flags Fiesta Texas and SeaWorld, both in San Antonio, as well as at three water parks. Hurricane Harbor’s predecessor, Wet ‘n Wild, also sold beer for about a decade. And before it closed, Six Flags AstroWorld in Houston had a beer and wine license.

Six Flags officials announced in December 2007 that they intended to apply for the licenses, but vocal opposition and protests slowed the process. Park officials said that although they requested a license to sell hard liquor, only beer would be available in the park.

Parker said the broader license would allow the park to serve other drinks at private functions.

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