December 23rd , 2013 9:27 am Leave a comment

Woman asks court to review beer vote

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Photo by Kayla Carter
Georgia Crowell stands before the Carter County Beer Board in a photo from November.

A woman wanting to sell beer at her Hampton business has asked a court to review the Carter County Beer Board’s denial of her request for a beer permit on Nov. 23.

Georgia Crowell, owner of the business Tennessee Tavern at 813 Highway 321, has filed a petition for a writ of a certiorari in the board’s voted 4-2 to deny the permit.

The petition was filed against Carter County and the beer board through Carter County Circuit Court on Dec. 13.
Crowell’s rebuttal is heavily based on a Feb. 6 decision by Chancellor Richard Johnson.

The final order issued by Johnson ruled that the establishment was grandfathered in and allowed to sell beer on the premises despite its proximity to homes in Hampton.

“Beer sales have occurred continuously at this same location for over 40 years,” Crowell’s petition states. “The beer board failed to follow TCA Section 57-5-105(i), which states that the prohibition that beer cannot be sold within 300 feet of a residence ‘shall not apply to locations where beer permits or licenses have been issued prior to the date of adoption of such resolution by the county legislative body, or to an application for a change in the licensee or permittee at such locations.’ ”

Carter County Attorney Keith Bowers and Carter County Commission Chairman Tom Bowers, who is also a member of the beer board, warned the board during the November hearing of Crowell’s potential, now confirmed, filing of a petition based on the establishment’s prior grandfathering.

Commissioner Bowers said the board denied the permit based on discrepancies in the paperwork presented to the board.
“I half-way expected they would appeal or reapply,” Commissioner Bowers said.

However, he declined to comment further based on the fact he has not yet read the petition.

 

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