Beer Board Decision Comes Back To Bite County!
Have you ever noticed that the people who create the biggest mess are very often the very people who complain the loudest and longest about not placing blame and just moving past who’s at fault?
Earlier this year a huge controversy was created when the County Executive along with three commissioners on the Beer Board, Jackson, Lovell and Harris, voted to issue a beer permit to an establishment they knew were in violation of the established distance rules.
If you remember it was the County Executive who declared that a two thirds majority of the Legislative Body was required to change existing law, the distance rule, after a vote by the County Legislative Body failed to reach that two thirds majority the issue was declared failed and entered into the minutes without any objection from any Commissioner.
Later that same week the County Executive announced that she had made a mistake and that the “amendment” had actually passed. Legally the only way those minutes and actions could be changed was for the County Legislative Body to vote on the matter since they are the only authorized body that can pass or fail a resolution.
At the time Mrs Vanzant released this statement, “I did not take it upon myself to make the correction, which I would never do except to follow the advice of the attorney and follow the law and protect our county”.
I challenged Mrs. Vanzant at that time to produce any and all statements where an attorney either from CTAS, or any other source authorized her to overturn the decision of the Commissioners. She could/would not. However she did insist that the Beer Board vote and issue a beer permit on the basis of the 400 foot distance rule. The County Attorney advised, at that time, against such an action until after an Attorney General’s Opinion could be obtained.
This is what I wrote at the time about this illegal action: “Why would Commissioners Lovell, Harris and Jackson refuse to accept the clear advice of the County Attorney to wait for a State Attorney General Opinion to be issued? With their demand to vote and issue a beer permit according to the County Attorney they have essentially done away with any distance rules established by the County Commission. With their actions anyone at this time could apply for and be granted a license to sell alcohol as close as the front door of a school or church. Why was there such a rush to approve the beer permit? How much will this selfish impatience eventually cost the county as we now have been put in a position where actions by either side will probably end up in court.” Allen Barrett Monday, February 15, 2010 3:30:00 PM
I was severely criticized as having no clue, lying, being wrong, nuts etc because of my stance against the Beer Board's decision. Today everything I predicted came out as being 100% correct.
Today at the County Commission Meeting it was stated by the County Executive and the County Attorney that the action of the Beer Board was taken is error and “must” be corrected immediately by either changing the distance rule to 600 feet or revoke the license of those issued the license in error or face potential lawsuits from any number of people. As it stood there was no enforceable distance rule in Giles County.
In other words if someone applied for a beer license to sell beer and consume it on or off premises across the street from a church or school the permit would have to be issued. This was the determination of the Attorney General.
Earlier this year a huge controversy was created when the County Executive along with three commissioners on the Beer Board, Jackson, Lovell and Harris, voted to issue a beer permit to an establishment they knew were in violation of the established distance rules.
If you remember it was the County Executive who declared that a two thirds majority of the Legislative Body was required to change existing law, the distance rule, after a vote by the County Legislative Body failed to reach that two thirds majority the issue was declared failed and entered into the minutes without any objection from any Commissioner.
Later that same week the County Executive announced that she had made a mistake and that the “amendment” had actually passed. Legally the only way those minutes and actions could be changed was for the County Legislative Body to vote on the matter since they are the only authorized body that can pass or fail a resolution.
At the time Mrs Vanzant released this statement, “I did not take it upon myself to make the correction, which I would never do except to follow the advice of the attorney and follow the law and protect our county”.
I challenged Mrs. Vanzant at that time to produce any and all statements where an attorney either from CTAS, or any other source authorized her to overturn the decision of the Commissioners. She could/would not. However she did insist that the Beer Board vote and issue a beer permit on the basis of the 400 foot distance rule. The County Attorney advised, at that time, against such an action until after an Attorney General’s Opinion could be obtained.
This is what I wrote at the time about this illegal action: “Why would Commissioners Lovell, Harris and Jackson refuse to accept the clear advice of the County Attorney to wait for a State Attorney General Opinion to be issued? With their demand to vote and issue a beer permit according to the County Attorney they have essentially done away with any distance rules established by the County Commission. With their actions anyone at this time could apply for and be granted a license to sell alcohol as close as the front door of a school or church. Why was there such a rush to approve the beer permit? How much will this selfish impatience eventually cost the county as we now have been put in a position where actions by either side will probably end up in court.” Allen Barrett Monday, February 15, 2010 3:30:00 PM
I was severely criticized as having no clue, lying, being wrong, nuts etc because of my stance against the Beer Board's decision. Today everything I predicted came out as being 100% correct.
Today at the County Commission Meeting it was stated by the County Executive and the County Attorney that the action of the Beer Board was taken is error and “must” be corrected immediately by either changing the distance rule to 600 feet or revoke the license of those issued the license in error or face potential lawsuits from any number of people. As it stood there was no enforceable distance rule in Giles County.
In other words if someone applied for a beer license to sell beer and consume it on or off premises across the street from a church or school the permit would have to be issued. This was the determination of the Attorney General.
posted by Allen Barrett | 7:06 PM
53 Comments:
It actually cost the county nothing. Now your lawsuit against the election commission that went no where cost the county tens of thousands.
8:07
Good post. Yes, he has cost this county a bunch of money.
Mr. "Let's save the county money" is only saving his own money because he surely likes costing the county its money from his frivalous whining.
If you people would only come to the meetings you would see what the problem is. I don't agree with Mr. Barrett all the time but he is right about this action that took place this morning at the commission meeting. I don't know how she keeps her stories straight. She will tell one one thing and go to the next one and tell them something else (Janet). I don't know how Giles County can take four more years of her. We will be broke after this coming year.
While I usually disagree with WABs actions, he is right. I was there.
Of course the Man is right. Common sense ( which is sorely lacking in many of our commisioners) should tell you he was right!
What do you think the rules are there for? It seems like the County executive thinks she can modify them at will, and some of her lackies in the commision are just fine with it.
It all goes back to voting on populariy intead of ability.
These people are simply proving themselves to be inept at best, and or dishonest at worst, and need to step aside.
HA HA HA HA HA HA HA HA HA STUPID COUNTY DOES IT AGAIN. GOT CAUGHT CHEATING AND LYING. Also watch out people the county executive, finance director, and a bunch of commissioners will be coming after your pocketbook because it is easier to raise taxes than to have the backbone to cut the government payroll.
Hear Tommy Beech not only didnt attend the Beer Board meeting of which he is a member, he didnt even attend the commission meeting. Seems he dont want to vote aginst Lovell whose actions caused him to lose the election, as Chan Harris, both former Beer Board members.
What about the new Giles Prepratory School being just across the street from a Market that sells "Beer"? Can they still do that when the school opens up? It sure is not 600 feet away. Will they be "grandfathered" in or loose their license? Just A THOUGHT!
That store is in the City which has a 200 foot requirement.
Your kidding right?
WAB asks "Have you ever noticed that the people who create the biggest mess are very often the very people who complain the loudest and longest. . ."
How black is that kettle, pot?
10:39
I too noticed the hypocrisy.
What I noticed about that was some people can't understand the difference in making a mess and fixing a mess. WAB is a fixer and has warned about coming problems that could have been prevented had anyone been willing to fix the problem without regard to protecting their friends and family.
The new school is the width of the highway from the business (beer store) property. That is a lot less than 200 feet. Is this going to cause a problem of any kind? I was just wondering.
Excellent point, excellent 9:24. Believe you hit the nail on the head precisely. 9:44 if that is true why don't you question it? WAB is the one questioning everything and getting criticized on a daily basis for wondering about the very same things we all think about Difference is he actually go to the effort to get answers. This is where folks turn against him. He finds out the truth and reveals it and it chaps some folk's hind-ends that are all about making and breaking rules. Take your turn and be vocal and see how they treat you.
The Richland Elementary school was built after the Richland market. Therefore the Market was "grandfathered" and was allowed to retian their liscense.
Interestingly, in a meeting a few months back county attorney Lucy Henson stated to the commissioners 'there is no such thing as grandfathering' as it pertains to state law!
9:24
You say wab is a fixer? What a laugh. I think he is the biggest troublemaker Giles County has ever known.
That's because you're to stupid to know how to extract your head from that dark smelly place where it stays
3:49.
There are several posts on here defending WAB as a positive influence on our government. Although WAB brings up many good and relavant points, he presents himself and his information in such a manner that is disruptive and comabative. If he could learn to present himself in a positive manner, he would be received differently. As for the way he presents himself currently and in the past, you posters and WAB followers are all wrong.
He can't help it. To him, what is a post without name calling. A serious character flaw.
Have you people not been paying attention, Mr. Barrett has treated people the way he is treated. I remember when he first started this blog he was called everything in the book and a few things that weren't. Read his actual writings instead of listening to the gossipers who love to attack then blame it on him and others. Much of this would stop if he would only require real named be used instead of anonymous.
Naw, I knew Allen long before he teamed up with Kendrick here. He has always been this way. Even now when I speak with him, he can't refrain from calling people names.
david
He isn't about to let all this stop because he enjoys keeping something stirred up all the time. Why can't you see that for yourself?
All these anonymous posts
Tell everything between the coasts
Intrigue in every boast
Each claiming to know the most
But when was sought integrity
It was revealed the only need
For who could trust any deed
Of one without a creed
More Robert Frost quality prose.
Tommy Beech on the beer board? That's a good one....he is the EXPERT on beer.
To 9:44
In the city of Pulaski there are three different distance rules. For on premise consumption the distance is 200 ft, of premise consumption 100 ft, or if you are a 5000 sq ft grocery store with 50% of gross revenues derived from groceries 0 ft (no distance rule), or if you are a non profit applying for a temporary permit 0 ft (no distance rule). Feel free to check out the local city ordinances as well as all the restrictions placed only on the businesses operating on the square and one block off.
All these different rules are not compliant with state law. At present if a person wanted to come into Pulaski and apply for a beer permit right beside a church school or park and even though he or she will be denied by the local beer board it can be appealed in front of a judge and my bet is it would be granted to the business.
You do not have to believe me, check the ordinances for yourself. The ordinances in the library are not up to date and you may have to ask for the ordinance that was adopted April 13th, 2010.
Bob Hughes
Too bad you can't read an ordinance any better than you can a recipe. If you could do either, perhaps you would still be in business.
What do you know? I was partially wrong in my recollection of the beer permit rules. Although there are 3 different distance requirements as outlined in City of Pulaski Municipal Code 8-216 the over all scope of my post is correct. I included Churches, schools and parks together and did not differentiate. 200 ft for "on premises consumption" or "off premises consumption" near church, school, hospital or nursing home. However concerning playgrounds 200 ft "on premises" 100 ft for "off premises". Concerning grocery stores with 5000 sq ft and 50% gross revenues from the sale of groceries neither the 100ft nor 200ft prohibition shall apply. This means zero. So there are 3 different distance rules which are not allowed for the sale of the same product so I repeat; if any one comes into the city and applies for a beer permit right next to a church, school, or playground I bet they can have one awarded by appeal in court. There is such a thing as following state and constitutional guide lines and exercising authority in good faith. And unlike some one, I have the backbone to stand corrected and sign my name to the post. And please every one conduct your own research, if this is a concern to you.
Bob Hughes
I forgot to include the temporary permits but the way the City of Pulaski's beer board issues them is illegal any way.
Bob Hughes
What do we do to put a stop to these illegal issuing of beer and fire permits that go against State law?
Distance Requirement Changes To 600-FT Posted on WKSR Nov 22, 2010
Giles County Commissioners voted to set a 600-foot distance requirement between places selling beer and churches, schools and other public gathering places.
The resolution passed 11-10 with Giles County Executive Janet Vanzant casting the tie-breaking vote. Commissioner Tommy Campbell, who made the motion for the 600-foot limit, and Stoney Jackson, who seconded it, were joined by Commissioners Rose Brown, Vicky Coleman, Ramona Flacy, Terry Harwell, Bill Holt, Berenetta Houston, Tim Risner and Tracy Wilburn in voting for the resolution.
Commissioners David Adams, Rick Carpenter, Bill Cary, Louise Faulkner, Connie Howell, Tommy Pollard, Tommy Pope, Janis Reece, Roger Reedy and James Woodard opposed. Commissioner Tommy Beech was absent.
The vote means Inman’s Stop N’ Chat Market on Highway 166 North, can keep its beer permit. The commission vote came after the Giles County Beer Board sent the matter to the commission without a recommendation. At that meeting, Giles County Attorney Lucy D. Henson explained that an opinion from the Tennessee Attorney General indicated that the county had issued the beer permit in error.
When Inman’s Stop N’ Chat had applied for the beer permit, the county’s distance limit was 400 feet, but when the beer permit was issued, the distance requirement was 1,000 feet.
Giles County has changed its distance requirements for beer permits over the years, from 2,000 feet in 1968 to 1,000 feet in 2005, 400 feet on Jan. 19 and 1,000 feet on Jan. 29 of this year.
SATURDAY, FEBRUARY 13, 2010
Has The Rule Of Law Been Suspended In Giles County?
A report was sent to me that at the Beer Board Meeting Friday Morning a Beer permit was approved for Inman's grocery in Campbellsville.
With the clear defeat of the attempt to move the distance from 1000 feet to 400 feet between places where alcohol is sold and a school or church most thought the matter was closed. Even with all the confusion created by the County Executive in this attempt to move the distance from 1000 feet to 400 feet it seemed to most reasonable people that the matter was closed. So what happened at the Beer Board Meeting that they decided to ignore the clear will of the County Commission, the plain written law and approve such a request? Is the County Commission no longer the legislative body of the county? Is the County Executive now allowed to override decisions made by the Commission? There is no law that gives the County Executive veto power over the Commission yet it seems the Commission has been ignored and the County Executive has imposed her will against the people.
Not only does this set a terrible precedent it also opens the county up for some very expensive legal battles. Allen Barrett
Today at 2:24 I posted the report from WKSR that addressed the issue of beer permits issued by the county.
The 2:42 post I pasted from the original thread. When this statement was originally posted I was severely criticized and called a liar among many other names. Perhaps with this report from WKSR people can be more willing to see the truth of the matter.
The only thing that was left out of the WKSR report was the total number of times the beer distance has been moved before and since Mrs Vanzant became County Executive. From 2,000 feet in 1968 to 1,000 feet in 2005, 400 feet on Jan. 2010 and 1,000 feet on Jan. 29 2010, to zero then 1000 ft now to 400 feet in Nov. 2010.
Am I the only one who sees a great deal of confusion or special favors being played by some in charge. The thing that is truly amazing is the fact that two ministers Commissioners Houston and Coleman voted to reduce the distance between places that sell alcohol and churches. Then there are those who are commissioners and “staunch” Church of Christ member who also voted for the reduction in distance.
wab
That was a very tacky remark you made about the "staunch" Church of Christ person. Who do you think you are to criticize anybody's religion with the waqy you act?
By the way, have you not yourself opened the county up to expensive legal battles?
Check the record there were several Church of Christ members that voted for the reduced distance.
Is this now an attack on the Churches of Christ? I'm reminded of the use of the term "knucklehead" in the past. The guilty party who called a Church of Christ preacher that name knows very well who he is. But he would deny it, so it's a moot point.
What? Are "Church of Christ" folks (AKA Campbellites) now on the "do not offend" list?
What's wrong with telling the faith of someone? Are they ashamed or something?
I didn't hear him say anything other than they were "Staunch";meaning they were set in their faith.
And like Baptist, they shall not be moved! What's so bad about that?
Nope. Just pointing out that the Promoter of Strife is no longer content merely to offer unfounded accusations at public officials. He now desires to take on entire denominations. Shame on such a PoS.
What is it they say? The Nazis came for the intellectuals, and I did nothing. Then they came for the artists, and I did nothing. Then they came for the Jews, and I did nothing. Then they came for me, and there was no one left to do anything.
That PoS Barrett better not be talking about my church.
To 6:01 where you been "knucklehead".
I read a whole thing on here from Barrett about calling the minister a knucklehead not only didn't he deny it he said that he would do it again under the same situation.
You keep looking for something but it ain't there dude over and over Barrett has proven to be a stand up guy while you just keep whining and produce nothing to support what you say.
ha! "PoS" = "Promoter of Strife". I love it!
Kind of like if Barrett ever steps on my toes, all I have is a little PoS on my shoe.
10:19
Well, well. Looks like the PoS has really stirred up a hornet's nest this time. He loves this drama.
No, barrett DID deny calling the minister a knucklehead sometime back on this very blog. But I've been around long enough to know that he DID call the man that name...more than once. I heard him say it on the radio. I was absolutely stunned at his behavior then as I am now.
Yes, he's a stand-up guy all right. But one of these days someone is gonna knock that chip right off his shoulder, and I would love to be there to see it.
to wab
What do you think of the post wherein Churches 0of Christ are called Campbellites? Will you allow that to stay on here? Oh, I forgot. It's already been read, so why not!
To 6:29 It's really sad that you can't let go of something that you know is so blatantly untrue.
I have addressed the issue of calling the minister a "knucklehead" and have never denied it. I wrote a long explanation about the situation on this blog and you even responded to it several times, so don't pretend you didn't know. 10:19 got it right. Not only did I call him a knucklehead, because he claimed Biblical support for something that is absolutely not in the Bible, I would absolutely call him that again under the same circumstance.
Your whole assertion, like you, is a total fabrication of inane perversion.
As for your comment about the Church of Christ being referred to as Campbellites. Perhaps you should do a little historical research on the origins of the Church of Christ. I would think only the most ignorant would be offended by the term Campbellite as it is historically descended from the "Restoration Movement" of the early 19th century. Thomas and Alexander Campbell among others basically "reformed" the way many had chosen to worship. It's no different from being referred to as a Lutheran, after Martin Luther. It does not mean that these individuals are worshiped or held in higher esteem than Christ only they were at the forefront of organizing a different way of worshiping. You see when you embrace the truth instead of gossip
you'll find much less to be personally offended by.
Nice try of spinning PoS, but you still miss the mark and have offended a host of people, some of us who used to support you.
I see nothing in the preamble of this blog that says various religious denominations will be critiqued here. You should be ashamed.
10:21 who was offended the Lutherans?
"offended a host of people, some of us who used to support you".
Let me guess youare now the spokesperson for a the Church of Christ? I believe you Barrett offended the Church of Christ like I believe you were once a supporter of his, maybe before Noah got on the ark.
Mr. Hughes:
How is the issuing of Temporary Permits by the City illegal? I have looked into this issue, and am unable to come to the same conclusion.
Thank You
Henry
wab
You of all people should be ashamed for calling the minister a knucklehead. I'm sure he thought you were a kook, but he never made reference to that following one of your name-calling episodes on the radio. I know that to be true, because I was a listener 9to him and not you). Your actions were and remain too deafening for me to ehar a word you had to say religiously.
You can call me all manner of names for which you should be greatly ashamed, but it doesn't change your spots! You sir, are some piece of work.
wab
Just because the minister you called a knucklehead was teaching something YOU didn't agree with does NOT mean he was teaching an untruth.
5:55 Well said. Thank GOD for tolerance.
Henry,
A governing authority may not make laws that are arbitrary, discriminatory, supercede state law, the state or U.S. Constitution.
As pertaining to Pulaski Municipal Code 8-209 (1) No permit shall be issued to sell any beverage coming within the provisions of this section
(a) In Violation of state law
(b) In violation of the zoning ordinance of the City of Pulaski.
(2) The judgment of the beer board on such matters shall be final except as same is subject to review at law under section 57-5-105, Tennessee Code Annotated. (1977 Code section 2-209)
Pertaining to section 57-5-105, Tennessee Code Annotated:
(g) (1) Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property.
(2) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000) according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102, subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board.
Now compare Pulaski Municipal Code 8-228 Temporary Permits and Pulaski Municipal Code 8-210 Application for retail permit (particularly sections (6) and (7) As well as Pulaski Municipal Code 8-216 1st and 2nd paragraphs and then 1-5 which states all restrictions of businesses granted a permit on the square and one block off, then the distance rules outlined in the following paragraphs. After you have done this get back to me. We are not a Class B County and I think the population requirement is a given.
If you have found something I have over looked I will be happy for you to share it with us all.
Thank you,
Bob
A lot of people go to church, any church every time the door opens and are still just bench warmers. That's not saying any thing about any commissioner, just people in general.
You have to walk in a person's shoes to really know him/her.
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