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Beer Board sends noncompliant permit to hearing, approves many new permits pending final documents
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Summary
At its April meeting the Beer Board heard an officer's compliance-check report that found multiple sales to a minor, reviewed several suspension cases including a law-department filing seeking a 45-day suspension and $2,000 fine for a third offense, approved numerous permits pending final documentation, and referred at least one noncompliant permit to a hearing officer.
The Beer Board met April 30 and moved to refer a noncompliant beer-permit case to a hearing officer while approving a slate of new and transfer permits pending final documentation.
Officer Presley reported the board's most recent compliance checks, saying the team checked 30 businesses over two short operations and found nine that sold alcohol to the test minor. Officer Presley listed the establishments and described the pattern as first offenses for most and repeat offenses for a few. "We checked 30 total businesses. There were 9 businesses that sold alcohol to our minor," Presley said.
The law department told the board it has an active suspension/revocation docket. Counsel reviewed several cases resolved by agreed order and said the department filed a suspension-revocation matter against Harb's Market as a third offense; the department is seeking a 45-day suspension and a $2,000 fine and has scheduled a preliminary hearing in May. Counsel also reported the beer fund has received about $29,000 in fines so far this year and holds roughly $278,000.
On routine business the board approved minutes from the prior meeting. The body then considered a long list of permit applications. For most applicants staff reported only routine outstanding items'1typically a certificate of occupancy, Department of Agriculture approval where required, and surrender of an existing permit when applicable'1and the board moved to approve those permits "pending final documentation." Applicants approved pending final documentation included Muse Knoxville, Beard Market, Corner Market (Ivayans Kumar Patel), Petro (Dale Widmer), Rough Life Hideout (Brian Moffett), Sonny's Pizza (Marco McLean), and multiple Kingston Pike locations including Copper Cellar-related items and Smoky Mountain Brewery; the board recorded motions and votes in the affirmative for each pending-completion approval.
Board members debated one case in which an owner sought to surrender a permit while beer remained on-site. Staff said the owner had two shopping carts of beer in the back and had been served a notice to appear. Several members argued the board should send the case to a hearing officer so the officer could determine an appropriate remedy; one member moved to send the matter to a hearing officer, the motion was seconded and carried. The board discussed but did not adopt an alternative of issuing a short compliance deadline followed by an inspection.
The board postponed two items (Blunt Mansion and two Crafty Brewery items) to the May 26 meeting at the applicants' request. Another applicant group, Plugged In, was postponed again because of incomplete background checks and will be required to appear May 26. Several businesses that had been out of compliance were reported to have come back into compliance after being notified and served; staff noted roughly three-quarters of previously noncompliant businesses have since met requirements.
The meeting concluded after routine chair remarks and formal adjournment. The board recorded multiple motions as "approved pending final documentation" and formally referred the unresolved permit case to a hearing officer; a preliminary suspension hearing for the third-offense Harb's Market is scheduled for May.
