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Committee approves 300‑foot residential beer‑permit rule with grandfathering provision
Summary
After legal discussion referencing CTAS and a Tennessee Supreme Court case, the committee adopted a 300‑foot residential separation rule for beer permits; existing permits would be grandfathered unless sales gaps exceed six months.
Committee members debated and then voted to adopt a 300‑foot separation rule for residential beer permits. The discussion focused on legal constraints and a grandfathering rule that protects existing permits; the committee cited guidance in CTAS and a Tennessee Supreme Court matter in describing when grandfathering would not apply.
A committee member summarized the rule and grandfathering consequences: if a county issues a beer permit within 100 feet of a residence and later adopts a 300‑foot rule, the permit is grandfathered; however, if there is a six‑month gap in sales at the location the grandfathering does not apply. "If the county has issued a beer permit within a 100 foot of the residence and, and then later adopts a 300 foot rule, the business is grandfathered in and the beer permit cannot be revoked," the member said. The committee then moved to adopt the 300‑foot residential standard and the motion carried by voice vote.
Members also noted the county may not unilaterally shorten the six‑month rule because CTAS and court precedent constrain local discretion; the committee adopted the measure for residential dwellings and indicated separate standards exist for churches and schools (up to 2,000 feet in some contexts).
