County Commission Approves First Permit as Beer Board

March 29, 2024
By: Dwayne Page

The DeKalb County Commission, which now serves as the county beer board, approved its first application for a beer permit Monday night, since taking on that responsibility in September.

Subject to undergoing a criminal background check with no findings, Christopher Cox’s application for an on-premises permit at Willow Tree Tavern was approved. The business is located at 7080 Dale Ridge Road, Lancaster in DeKalb County.

Before taking action on Cox’s application, members of the county commission seemed unclear on what their role is as the beer board in terms of oversight on whether an applicant meets the requirements for obtaining either an on or off premises permit.

For example, whose responsibility is it to make sure that applicants undergo a background check and whether new establishments seeking a beer permit are at least 800 feet away from places of public gathering such as churches and schools as the county requires? In the case of Cox, distance was not an issue since his location once had a beer permit under a former owner when it was open as the Company Store several years ago. As far as a criminal background check, the state does not require one, but the county has for several years.

According to the County Technical Assistance Service (CTAS) “the beer board may wish to request background checks on applicants for a beer permit. Under T.C.A. § 57-5-103(e), a city or county is authorized to seek criminal history background or fingerprint checks on applicants for beer permits. These criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The Tennessee bureau of investigation is authorized to assess fees for the searches in accordance with the fee schedule established by the bureaus. Also, criminal history information (intrastate) may be obtained from the Tennessee Bureau of Investigation for a fee of $29.00 per name submitted, under T.C.A. § 38-6-120. Because no statutory authorization exists for requiring the applicant to pay these fees, the beer board cannot recover the fee from the applicant. Attorney General Opinion 97-077 (5/21/97).”

During Monday night’s meeting, County Attorney Hilton Conger explained that while background checks are not mandated by the state, applicants are required to state under oath on their application whether they have been convicted of a felony within the past ten years. “Its on the application and its under oath. The state does not require a background check when you fill out an application but If someone lied about that (felony conviction) on their application not only would they be subject to having their license revoked but subject to perjury,” said Conger.

Prior to September, the beer board had been made up of seven citizen members before being abolished by the county commission at the recommendation of county Mayor Matt Adcock. “We were having trouble with the last board and that’s why we dissolved it,” said Adcock. His reason for requesting the change, Adcock said was that he believed the beer board would function better if the county commission itself served as the beer board.

Conger explained for the commission how the citizen member beer board typically conducted the process for considering an application.

“They would accept (receive) the application at a meeting before voting on it and then designate someone to go out and make sure they (applicants for a new establishment) were within the distance requirements,” said Conger. The beer board would then usually either approve or reject the application at a meeting the following month. “ The delay in granting it wasn’t for a background check. It was for whether the new establishment was in compliance with distance,” added Conger.

County Clerk James L. (Jimmy) Poss said although he was not required to do so he had provided assistance to the citizen member beer board early in his administration.

“I later relieved myself from that because they (beer board) didn’t want my help and I didn’t need the extra overload anyway. I went to the state attorney and they advised me that this never was a county clerk’s duty but that the county clerk would be more obligated as clerk of the legislative body for a beer board if it (beer board) consisted of the legislative body but since it was made up of members of the public (at that time) it was just like the planning commission or anything else. Its up to that board to decide who is their secretary, what they want to do, and how they want to run it,” said Poss.

“Once I was made aware that the county commission was taking it over (beer board) I am more than happy to serve whether it’s a regular meeting or a different meeting for you guys (county commission) but you are a new board (beer board) of fourteen and I have no idea what you want or what you need. When I was trying to help the other board (citizen member board) I provided them with manuals and literature from CTAS on training and a host of different things but I don’t know what you (county commission) want,” Poss continued. “We do collect the money for the application fees and the wholesale beer tax in our office which we always have and we will continue doing it because that is part of the duties of the county clerk. As far as what you want done, that is up to you for us to pass on to the applicants. I just need to know what you want us to do. It was my suggestion to the county mayor of us getting together for a short brief time after one of these (monthly county commission) meetings before we had one of these applicants to apply but that has never happened,” said County Clerk Poss.

According to CTAS, “Each applicant is required to pay an application fee of $250 to the county or city in which the business is located prior to consideration of an application to sell beer. No portion of this fee can be refunded to the applicant regardless of whether the application is approved or denied. T.C.A. § 57-5-104(a). An annual privilege tax is imposed on the business of selling, distributing, storing or manufacturing beer in Tennessee in the amount of $100 per year, which is due each January 1. At the time a new permit is issued, the permit holder is required to pay this tax on a prorated basis for each month or portion of a month remaining until the next payment date. T.C.A. § 57-5-104(b)(5).”

The county commission Monday night voted 9-1 to grant Cox’s application subject to a background check with no findings but to schedule a government services committee to come up with a recommendation for establishing rules of oversight for the county beer board to follow going forward when an application for a permit is filed. Commissioner Larry Green voted no only because he thought the county would be setting a bad precedent for granting a permit before establishing guidelines.

March 28, 2024
By: Dwayne Page

A WJLE Radiothon to raise money for the DCHS Class of 2024 Project Graduation will be Monday, April 1 from 9:00 a.m. until noon.

High school seniors and parents on the Project Graduation committee will be answering phones, taking pledges during the drive. Any member of the Class of 2024 is urged to stop by the station to make an appearance on the radiothon to talk about their school activities and future plans.

During last year’s three-hour WJLE radiothon on April 10 which was also LIVE streamed on the Awakening facebook page, the community rallied in support of the DCHS Class of 2023 with pledges and donations totaling a record breaking $13,390 for that year’s Project Graduation event. The fundraiser broke the previous Project Graduation radiothon record of $12,785 set in 2022.

Project Graduation is an all-night drug-free, alcohol-free graduation party for members of the DCHS Class of 2024 committed to having a safe, wholesome, yet entertaining celebration together for the last time as a class. The event begins following the graduation ceremony Friday, May 10.

Call 615-597-4265 during the Radiothon to make your pledge from 9:00 a.m. until noon on Monday, April 1.

Listen LIVE on FM 101.7/AM 1480 and LIVE audio streaming at www.wjle.com.

March 28, 2024
By: Dwayne Page

One more week!

The qualifying deadline is Thursday, April 4 for offices in the Tennessee Democratic and Republican Primaries as well as the Alexandria, Dowelltown, and Smithville Municipal Elections all to be held on Thursday, August 1, 2024

Persons may pick up qualifying petitions from the DeKalb County Election Commission.

In the State Primaries on August 1, nominees in both the Republican and Democratic Parties will be selected for the offices of US Senate, US House of Representatives (6th District), Tennessee House of Representatives (40th District), and Tennessee Senate (16th District).

Those positions are currently held by US Senator Marsha Blackburn (R), Congressman John Rose (R)- US House of Representatives (6th District), State Representative Michael Hale (R)- Tennessee House of Representatives (40th District), and State Senator Janice Bowling (R)- Tennessee Senate (16th District). Hale has qualified to seek re-election.

In the Smithville Municipal Election August 1, three aldermen will be elected, each to serve a 4-year term. The positions are currently held by Aldermen Shawn Jacobs, Danny Washer, and Jessica Higgins. All three incumbents have qualified to seek re-election.

The Alexandria Municipal Election on August 1 will be held to fill the positions of mayor (unexpired term), three aldermen, and three other aldermen (unexpired terms).

In the Dowelltown Municipal Election on August 1, a mayor and two aldermen will be elected.

The qualifying deadline for the August 1 elections is Thursday April 4 at 12 noon and the withdrawal deadline is Thursday, April 11 at 12 noon. The voter registration deadline for the August 1 elections is Tuesday, July 2. Early Voting for the August 1 elections is Friday, July 12 to Saturday, July 27. The absentee ballot request time period is from May 3 to July 25 for the August 1 elections.

Meanwhile the DeKalb County General Election will be August 1 in which party nominees selected in the March 5 primaries will be running for the offices of Assessor of Property, Board of Education (Districts 5 & 6), Constable (Districts 1-7), and Criminal Court Judge- Part III in the 13th Judicial District.

The offices of County Commission District 6 and District 7 will also be on the August 1, 2024 ballot to fill unexpired terms. The GOP nominees are Andy Pack in District 6 and Mathias Anderson in District 7. This election will be held in conjunction with the 2024 DeKalb County General Election. Independents may now pick up petitions and get qualified by 12 noon April 4th.

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