Feet: Booze to School Building

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Elizabethton, TN - The actual distance in feet from the corner of the newly licensed Doe River Wine and Spirits package store to the Carter County Schools office building.

Picture of Feet: Booze to School Building posted in the Elizabethton, TN gallery

The actual distance in feet from the corner of the newly licensed Doe River Wine and Spirits package store to the Carter County Schools office building.

Picture posted by Elmer Gantry on Feb 15 '13 | See all Elmer Gantry photos

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Since: Jul 12

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#1
Feb 15, 2013
 
Here follows the distance requirement for a beer store license according the Elizabethton City Code 8-208(4):

"For the purpose of determining the two hundred twenty foot (220’) requirement as set forth herein, the distance shall be measured by straight line distance from the closest point of the main structure of the proposed site of the applicant’s business to the closest point of the church or school building.")

8-208. Constraints on issuance of permits.

(1) All beer permits for the sale of beer in the City of Elizabethton, shall be issued in the discretion of the beverage board and the board shall issue permits to applicants for the sale of beer for onpremise consumption, off-premise consumption, or for both at the same location pursuant to one permit.

(2) Without regard to the number of permits issued, however,“on-premise” permits shall be issued only to restaurants, clubs and hotels. A restaurant shall be required to have a genuine capacity of and for not less than seventy-five (75) persons and shall be required that the primary purpose of the business is the sale of food prepared and consumed on site. A club will mean any club as defined in Tennessee Code Annotated §57-4-102 and by the Alcoholic Beverage Commission. A hotel will mean any hotel as defined by Tennessee Code Annotated §57-4-102.(Ord.#41-4, April 2005)

(3) Off-premise permits shall be issued only to establishments operating as a grocery or convenience store. A grocery shall be defined, for the purpose of this chapter, to mean a business establishment whose primary business is the sale of food merchandise, household items, and health and beauty aids. A grocery shall derive the majority (more than fifty percent [50%]) of its gross sales from the retail sale of the items set forth in the preceding sentence. A convenience store shall be defined, for the purpose of this chapter, to mean a business establishment where food stuffs and food merchandises are sold and may also be participating in the retail sale of gasoline or other petroleum products, but shall have an area for the sale of food stuffs and food merchandise of at least one thousand (1,000) square feet. A convenience store shall derive the majority (more than fifty percent [50%]) of its gross sales from the retail sale of the items set forth in the preceding sentence.

(4) No permit for the sale of beer for either “on-premise” consumption or “off-premise” consumption shall be issued to any person or establishment whose place of business is within two hundred and twenty fee (220’) of any established church or school building. For the purpose of determining the two hundred twenty foot (220’) requirement as set forth herein, the distance shall be measured by straight line distance from the closest point of the main structure of the proposed site of the applicant’s business to the closest point of the church or school building. The applicant, if subject to this subsection, shall be required to submit a survey prepared by a Tennessee Registered Land Surveyor, showing the Page 13 of 15 distance to the nearest church or school. The survey as submitted shall become a part of the application and shall be subject to the provisions of Chapters 1 through 2 of Title 8 of the Elizabethton Municipal Code.

Apparently, there is not the same distance requirement for liquor stores or cafes selling beer.
Point

Elizabethton, TN

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#2
Feb 15, 2013
 
And your point?

Since: Jul 12

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#3
Feb 18, 2013
 
If the same "building corner to building corner" distance from a "school building" criteria applying to the issue of beer licenses within the Elizabethton Municipal Code was applied by the Elizabethton City Council to the recent issue of new retail package stores licenses, this "630 Broad Steet" location of Doe River Wine & Spirits should not have been permitted under the law.

in my opinion (and without the benefit of having read the new Elizabethton Municipal Code pertaining to retail package stores to learn if there was actually a distance criteria established for retail package stores), the other people who applied and were denied a retail package store licenses by the Elizabethton City Council may have been denied their Equal Protection of the Laws rights the Fourteenth Amendment to the United States Constitution.
non drinker

Kingsport, TN

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#4
Feb 18, 2013
 
Well you all know we got to take care of one another thems good o boys .Whats the in harm in bending the rules a little bit.Thats the way we do things here.Each man for himself is what I allways say.
Good ol Boy

Johnson City, TN

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#5
Feb 19, 2013
 
Measurements are from Door to Door not property line to property line...all sites even those not awarded a license were approved by the City before being put to vote.

And yes it is each man for himself......no rules were bent.

If you don't like how the City Council meetings go then maybe you should attend them and voice your opinion....... no wait it's much easier to sit back and throw stones.....

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Elizabethton Info

Elizabethton, Tennessee is located in Carter County. Zip codes in Elizabethton, TN include 37644, and 37643. The median home price in Elizabethton is $114,800 which is roughly $66/per square foot. More Elizabethton information.

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