The DeKalb County Beer Board voted 5-2 Thursday night to reject Viva Gail Johnson’s application for a permit to sell beer at Jewel's Market & Pizza on North Congress Boulevard.Bazel Dick Knowles and Edward Frazier voted in favor of granting the permit.Board members Frank Thomas, Harrell Tolbert, Robert Rowe, Jim Stagi, and Mac Harney all voted against approval of the the application. When Hilton Conger, the county’s attorney, was asked to render a legal opinion on the matter, Conger told the board that since surveys show that the store is within 2,000 feet of the new Assembly of God church on Cookeville Highway, and as alcohol regulations set by the county commission in 1939 require that no business can be approved to sell beer if it is within 2,000 feet of a school, church, or other place of public gathering, he did not feel that the board had any legal basis to grant the permit."That's been the rule here in the county ever since 1939,” Conger told the board. “The county can change that and make it less than 2,000 feet, but DeKalb County has never chosen to do that."