Before voting to approve five new permits at last Thursday’s meeting, beer board member Frank Thomas chastised the county commission for “pulling the wool” over beer board members’ eyes in passing the recent change in minimum distance requirements to qualify for a permit to sell alcoholic beverages.
Frank Thomas, board member from the 2nd District, is unhappy that the commission voted the new regulations in when two commissioners who had previously voted against the measure were not in attendance.
"The wool was pulled over our eyes by changing the distance from 2,000 to 800 feet,” Thomas told the assembly. “It was sneaked in on us.”
The measure passed by a vote of 7-5 at the commission meeting in late February, and the minimum distance requirement between businesses eligible for beer permits and places of public gathering, such as churches and schools, was dropped from 2,000 feet to 800 feet.
The old restrictions, which were enacted in 1939, had been a thorn in the council’s side for some time.
The subject was brought up at the  December commission meeting, when a minimum distance of 400 feet was brought to a vote.
That proposal died on a 7-7 tie vote with all members present.
County Mayor Mike Foster declined the opportunity to break the tie.
“The county executive could have broken the vote either way, but he wouldn't,” Thomas said at last week’s meeting. “He said he didn't want to make anybody mad either way, but he didn't give a damn who he made mad down here.
“It came up again when they found out two of them wouldn't be there at the meeting,” Thomas continued. “One of them had to be out of town on a trip. The other was out of town on account of sickness.”
After Thomas had spoken his mind, the board voted to issue all five permits, including on-and-off premises permits to Viva Gail Johnson at Jewel's Market and Pizza, Araceli Godinez Soto of Nicole's Market and the North Alabama Bank and Bank of Lincoln County for Back 9, LLC doing business as Riverwatch.
The board also approved off-premises permits to Jesus Villa at the Stop Market, LLC and Debra Sacran of D & D Market at 7166 Short Mountain Highway, Smithville.
The permits applied for by Jewel’s Market and Pizza, Nicole's Market, and D& D Market, all businesses ineligible for permits under the old requirements, passed with a 4-1 vote.
Thomas passed on the vote for all three businesses.
The vote to issue permits to the Back 9, LLC, and the Stop Market was unanimous.
Two other businesses are seeking an on-and-off premises permits to sell beer.
The Company Store on Highway 96  and the Sharpe Lodge on Highway 56 have presented applications to the beer board.
The board accepted the applications Thursday night, and will take vote on whether to issue permits at their May meeting.
Meanwhile, the local VFW Club will have to wait another month to find out if their beer permit will be reinstated.
The permit was suspended last month after an undercover investigation by the Tennessee Alcoholic Beverage Commission resulted in the seizure of gambling machines, a television allegedly meant to be a raffle prize and cash believed to be associated with gambling.
Officials allege that the club also continued to sell liquor months after allowing their to license expire.
Thomas Skelenka, Quartermaster at the VFW post, addressed the DeKalb County Beer Board last week to request that the permit be reinstated.
Skelenka told the beer board that the club, which has been in continuous operation since just after World War II, cannot stay in business without a permit to sell beer.
Sheriff Patrick Ray was reportedly instructed by Mack Harney, who was chairman of the beer board at the time, to take possession of the club’s permit and give it to the county clerk, which he did soon after after club operators were cited for having gambling machines on the premises, and selling liquor without a license.
The members of the beer board voted to ask county attorney Hilton Conger to present a legal opinion at the next meeting in May on how the matter should be handled.
The board members are not sure how to proceed legally, since the allegations brought by the ABC are all related to  liquor sales and gambling, and not directly to beer sales.
As a result of the investigation, bartender Brian Soye was given a citation for unlawful sale of alcohol when the club was raided by the ABC, and Skelenka was cited for possession of gambling devices and storage of alcohol for sale.
The board also accepted the resignation of long-time 7th District member and recent Chairman Mack Harney, who stepped down after last month's meeting.
The board named Edward Frazier as the new chairman and Robert Rowe as vice chairman.
New members will have to be appointed to take the places of Harney and  Harrell Tolbert, who resigned last month.
Tolbert is no longer able to serve as the board’s 6th District member, as he was moved from the 6th district to the 5th in recent redistricting.