Chattanooga Beer Board affirms five-day beer-only suspension for licensee

CHATTANOOGA, Tenn. — The Chattanooga Beer Board on Feb. 20 affirmed a hearing officer's recommendation to suspend a local beer permit for five days and set the suspension to run from Feb. 27 through March 6.

The action implements a recommendation in the report and recommendation prepared by the board's hearing officer and attorney, Trevor Ashley. The board voted to affirm the recommendation in a roll call that resulted in five affirmative votes and two abstentions; Veronica and Zack abstained. The board clarified the suspension applies to beer sales only.

The board opened discussion on the hearing officer's report and asked whether members had questions of the license holder. A speaker identified themselves as a representative of the licensee said the establishment had reopened for business on Thursday after a prior liquor suspension by the Tennessee Alcoholic Beverage Commission that began Jan. 29 and lasted three weeks.

A motion to affirm the hearing officer's recommendation was made and seconded; the board then set the specific enforcement dates. The chair explained the suspension will be nonconsecutive to match the licensee's regular days of operation. In the roll call, Betsy, JW, Ron, Brooke and the chair voted yes; Veronica and Zack abstained. The board recorded the motion as approved.

Public comment touched on questions of conflicts of interest when board members hold active permits. Kalandra Smith of the Hamilton County Coalition asked how abstentions affect outcomes and whether board members who hold permits should recuse themselves. The chair responded: "If we have a quorum, 5 members, we can conduct business. We have to have 5 affirmative votes to pass anything." The chair said conflicts are handled case by case and that the member with a potential conflict typically consults with staff to determine whether recusal is required.

Board members noted this was the first time using the board's new hearing system to consider a hearing officer's report. At the meeting, one member (Zack) said, "I'll be abstaining from both commenting and voting as Mister Ashley is my older brother," explaining an abstention based on a family relationship with the hearing officer.

The board also confirmed that the suspension is strictly limited to beer sales; other regulatory or ABC actions cited earlier in the meeting (including the TABC/Tennessee ABC suspension) remain separate. Staff provided the licensee with a copy of the board's order before the meeting adjourned.

No statute, ordinance number, or case identifier for the licensee was provided on the record.