With his wife, Amy, looking on, Eric Cowan of Kings Highway was sworn in as a Dallas Independent School District trustee last night by one of his predecessors in the District 7 seat, state Rep. Rafael Anchia of Kessler Park.

I was thumbing through the new issue of Esquire last night, the one with Tom Cruise on the cover [blech], and saw that Bar Belmont has been named one of the best bars in America. The blurb was written by Adam McGill, former staffer at Oak Cliff People‘s parent company, D Magazine.

Tonight at Bar Belmont, the musical lineup is La Forja and a “special guest” whom manager Alyssa Adams declined to name the last time we chatted. Click here to see what else is coming up at Fort Worth Avenue’s hottest hot spot.

Oak Cliff Christian Church Circa 1942

Just checked in with John McCall, the Old Oak Cliff Conservation League’s attorney and former president, to see where things are headed for the sale of Oak Cliff Christian Church based on DISD’s response yesterday to their parking problem.

McCall said the news caused one potential buyer (the private school) to drop out (pun definitely intended) and the other buyer (a photographer looking to set up a studio) is prepared to make an offer with “some type of contingency or escape clause.”

So they got that going for them. Which is nicer than no offer at all. Based on the building’s from status as a House of the Holy, I wonder if the contingency plan involves a clause to receive total consciousness if the deal doesn’t go through because of parking?

In the saga of DISD vs. the Old Oak Cliff Conservation League, we are nearing the climax of the story. This is the point where either a hero, in the eyes of the preservationists, arrives on the scene to save [purchase] Oak Cliff Christian Church or the building meets its fate in an anticlimactic August demolition.

It’s also the most appropriate time for a plot twist. This week I received an e-mail from OOCCL lawyer John McCall indicating that the group had two potential buyers (a private school and a photographer who wants to open a studio), but neither qualified for the parking exemption in place. McCall’s e-mail asks DISD lawyers for several different compromises to make the sale work. This afternoon DISD responded. You can find both e-mails below.

The odds for a sale still seem like a long shot, but since when did Oak Cliffers ever pay attention to the odds? In the words of the immortal Han Solo, “Never tell me the odds!”

Gentlemen,

It has been brought to my attention, that there are two qualified serious entities seeking to place an offer on the church.  However, since neither of these are a religious based organization, they would not be grandfathered for parking as was Revivial Tabernacle.

Each of these entities would be housing a great deal of employees and visitors.  As a result, they need a great deal of parking to accomodate 300 E. 10th.  That being the case, I have been consulted to issue the following inquiries:

1) Would DISD entertain an offer that includes many other properties along the 300 block of 10th to be purchased at one time?

2) If purchase is not an option, would DISD be interested in a shared lot to accomodate the new Adamson campus?

3) Does DISD intend to purchase property along the 300 block of Jefferson for the future expansion?

If you could provide answers to these questions by the end of the week, it will provide the proper guidance necessary to properly draft an offer(s).

Respectfully
John McCall Jr.

If you’ve picked up a copy of Oak Cliff People then you’re already familiar with Annette Jensen (pictured cutting hair above) and Sweet200′s plan to collect excess hair clippings and ship them off to Matter of Trust to aid in cleaning up the ginormous oil spill in the Gulf of Mexico.

Well, it looks like the whole situation just got a lot hairier. The San Fran Chronicle brings word today that BP said no way Jose to all the hair being shipped for the oil-cleanup efforts.

But over the weekend, BP and the Coast Guard said they would not be using hair booms because the artificial ones worked better. At least one expert agrees that hair isn’t the best option for cleaning up spills.

The BP-Coast Guard announcement left Matter of Trust president Lisa Gautier confused. She claims:

“One department at BP told us to open the floodgates and send all the hair we could find. But on Friday another department in the same building told us they couldn’t use the hair.”

For those of you with unused follicles among the 450,000 pounds already collected, we feel for your loss, but at least you don’t have to walk around looking like these Llamas.

This just in over the e-mail newswire: DISD has named Latoya Walters-Bufford — a teacher assistant at Sidney Lanier Expressive Arts Vanguard — as the 2010–2011 Teacher Assistant of the Year. Congratulations Latoya!

Here’s the official presser from DISD:

The Dallas Independent School District has named Latoya Walters-Bufford as the 2010–2011 Teacher Assistant of the Year.

Walters-Bufford has served the Dallas ISD for two years, including her recent assignment at Sidney Lanier Expressive Arts Vanguard where she has worked for the past year.

Walters-Bufford has developed her own incentive programs with the goal of guiding students she mentors toward making better decisions, socially and academically.  She also volunteers to work with students after school and to have lunch with students who receive lunch detention.

“When I sit with those students I encourage them to reflect on positive behaviors,” said Walters-Bufford.  “They open up to me because I have formed a personal relationship based on warmth, caring, and understanding.  As a successful educator, I am objective, empathic, and I am determined to help students excel in the classroom and beyond.”

Walters-Bufford lends a helping hand to others by volunteering with several organizations.  Every Thanksgiving, Walters-Bufford and her family volunteer to serve food to the homeless at the Salvation Army.  She also volunteered in Haiti teaching disadvantaged children and has donated her time to other community organizations and programs.

Walters-Bufford likes to show students that someone is there to support them at all times, even with their extra-curricular activities.  She also works closely with students who need extra time to complete projects.
“I love my school and I know that my presence in the classroom is making a difference,” said Walters-Bufford.  “An educator must be able to motivate children to see beyond their comfort zone.  Teaching is an opportunity to guide, provide and show students how to strive.”

Walters-Bufford is currently attending the University of Texas at Arlington to pursue a Masters of Social Work.  She has accomplished bachelor’s degrees in sociology and criminal justice from the University of North Texas.  Walters-Bufford had five years of experience in education before serving in the Dallas ISD.  She formerly worked for Denton Christian Pre-School as a School Assistant and also as an Extended School Day Supervisor for the Denton Independent School District.

“Without doubt, our Teacher Assistant of the Year is a great example of the type of teacher assistants that students need to be successful,” said Superintendent of Schools Michael Hinojosa.  “I congratulate Latoya Walters-Bufford for her accomplishment and appreciate her hard work and dedication.”
Superintendent of Schools Michael Hinojosa presented Walters-Bufford with an engraved award and Stephen Butt, senior vice president, Central Market Division, H-E-B, presented her with a cash award of $1,500.

@Rob Shearer for this caption to this photo:

Bull Friendly Oak Cliff

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In light of yesterday’s news regarding Progress Dallas’ progress, I thought it would be appropriate to look at some FAQs on local option elections from an April 7 city council briefing prepared by Assistant City Attorney John Rogers:

Partial Elections
Q: Can only a portion of a county, city, or JP precinct have an election?
A: No. The entire county, the entire city, or the entire JP precinct must hold the election.

Election day
Q: What day will the election be held?
A: Tuesday, November 2, 2010 because it is the next uniform election date that is more
than 60 days after the petition was issued.

Q: Will citizens who live in the portion of Dallas that is already wet be allowed to
vote?
A: Yes. Any registered voter within the city of Dallas will be allowed to vote.

Failed election
Q: If the election fails, does it affect the wet or dry status of Dallas?
A: No. Wet or dry status can only be changed by a successful election.  That portion of
Dallas that is currently wet would remain wet.  The remainder of Dallas would remain dry.

Effective date
Q: If the election is successful, when will alcohol sales be allowed?
A: Legalization takes effect at the time that the results of the election are officially
canvassed.  But it takes about 45-60 days to obtain permits from the TABC.

Current wet area
Q: Will this city-wide election affect the status of the portion of Dallas that is currently wet?
A: No. The portion of Dallas that is currently wet for on-premise mixed beverage permits without a F&B certificate (bars) and for off-premise licenses (package stores) will remain wet for those purposes.

Annexation
Q: Does annexation or disannexation change the wet or dry status?
A: No. The local option status can only be changed by election.

Subsequently annexed or disannexed areas do not change their local option status. The wet or dry status of the annexed or disannexed area can only be changed by election in the entire county, entire city, or entire JP precinct (not the annexed or disannexed area alone).

Redistricting
Q: Does redrawing district lines change the local option status?
A: No. The local option status can only be changed by election.

Bars
Q: Will the election change the zoning where bars (alcoholic beverage establishments) are allowed?
A: No. “Bar, lounge of tavern” gets 75% of its revenue from on-premise sale of alcohol. Bars will still only be allowed in that portion of Dallas that is currently wet because the election is only for mixed beverage with a F&B certificate (50% or less alcohol).

“Private-club bar” has a private club permit, is in dry area, gets 35% of its revenue from on-premise service of alcohol, and does not
have a F&B certificate.

Most of Dallas (except the portion that is currently wet) will still be “dry” for private clubs without a F&B certificate, so private club bars can still locate in most of Dallas.

Allowed in GO(A), CR, RR, CS, I, CA, MU, MC, MF-4, LO(A), MO(A), UC-2, and UC-3 by SUP only.

The election will not change the zoning regulations that apply to bars.

Retail alcohol stores
Q: Will the election affect where stores that sell alcohol are allowed?
A: Yes, if the store sells only beer or wine.  No, if the package store sells hard liquor.

A store that sells only beer and wine will be allowed anywhere in the city if the zoning allows it. A package store that sells hard liquor will still be allowed only in that portion of Dallas that is currently wet and if the zoning allows it.

“Liquor store” is principally for retail off-premise sale of alcohol. Grocery stores and convenience stores are not “liquor stores.” By right in CR, RR, CS, CA, MU-2, MU-3, MC-2, MC-3, and MC-4. The election will not change the zoning regulations that apply to liquor stores.

Private clubs
Q: Would existing private clubs have to apply for a new mixed beverage on-premise permit
with a F&B certificate?
A: No.

The existing permit remains valid until the expiration date. Private club permits can still be issued in any part of Dallas.  But they will probably apply for a new mixed beverage permit with a F&B certificate because (1) the permit allows sales for profit rather than nonprofit service, (2) the recordkeeping is less, and (3) there are advantages to having a F&B certificate.

D and D-1 Overlays
Q: Will the election affect the D and D-1 zoning overlays?
A: No.

Cannot sell or serve alcohol in a D overlay. Can sell or serve alcohol in D-1 with SUP. Valid only if created before June 11, 1987.

Spacing
Q: Will the election change the spacing rules?
A: No.

Alcohol sales are prohibited within 300 feet of a church, public or private school, or public hospital, day-care center, or child-care facility. Alcohol sales are prohibited within 1,000 feet of alcohol-free schools. Measurement of spacing: Church and hospital:  From front door to front door. Schools, day-care centers, child-care facilities:  From property line to property line. The city cannot require a different measurement. The alcohol business is grandfathered if it existed before the church, school, hospital, day-care center, or child-care facility. City Council can grant variances to the spacing rules.

Permit process
Q: What is the process to get a beer and wine off-premise permit?
A: Application to the TABC.

City signs off that the area is wet, zoning allows the use, and spacing is OK. TABC does background check on criminal history. Applicant posts notice sign on the property and mails notice to residential uses within 300 feet.  Applicant posts surety bond if within 1,000 feet of a school.

Permit process
Q: What is the process to get a mixed beverage on-premise permit with a F&B
certificate?
A: Application to the TABC.

City signs off that the area is wet, zoning allows the use, and spacing is OK. TABC does background check on criminal history. No bond or newspaper notice because they have a F&B certificate.

F&B Certificates
Q: What are the requirements to get a F&B certificate?
A: To get a F&B certificate: food service must be the primary business, must have a kitchen for preparation of multiple entrees, and alcohol sales must be 50% or less.

F&B Certificate continued
Q: What are the advantages of a F&B certificate?
A: No conduct surety bond.  Can have employees under 18. Exempt from spacing from private schools, day-care centers, and child-care facilities. Do not have to mail notice of TABC application to residents within 300 feet.

F&B Certificate continued
Q: How does the TABC monitor the 50% rule for F&B certificates?
A: The Texas Comptroller of Public Accounts monitors the monthly gross receipts tax report.  If the business has more than 50% alcohol, the Comptroller reports that to the TABC and the TABC takes enforcement action.

The city can also ask the alcohol business for records to determine the percentage of revenue
from alcohol.

Protest
Q: If a specific location becomes a problem, does the city have any recourse?
A: Yes.  The city can protest the alcohol permit.

The mayor, a councilmember, the police chief, or the city attorney can file a protest asking that a permit or license be denied, suspended, or revoked. The protest must show that the place or manner of operation harms the general welfare, health, peace, safety, or public sense of decency. Protest must be supported by sworn statement of one credible person.

Preemption
Q: Can the city impose additional regulations on businesses that sell alcohol, such as convenience stores, beer barns, or drive-through windows?
A: No.

Dallas Merchants v. Dallas: Alcohol regulation is preempted by the TABC. The city cannot impose regulations on a business merely because it has an alcohol permit. The city cannot impose stricter standards on a business that sells alcohol. The city cannot discriminate against a business that sells alcohol. The city can impose zoning or other regulations on all retail businesses if it affects alcohol and non-alcohol businesses equally. The city can regulate the location of a business the derives 75% or more of its revenue from alcohol.  The city requires an SUP for bars.