Beer permit denied for RoEllen store

Clyde Smith, the applicant, failed to attend the meeting, and committee members questioned information on the application.

Smith applied for a permit to sell beer for consumption both on and off the premises of Hill Top Market, 6256 Highway 104 East in RoEllen.

A beer permit was issued at that location in February 2004, but the store burned in March and has been closed for repairs. The previous permit holder is no longer operating the store. Smith reportedly plans to re-open it.

County Attorney Mike Gauldin noted three inconsistencies between the application and information listed in the background check. Background checks are routinely performed on all persons applying for beer permits.

First, Gauldin said, the Social Security number listed for Smith on the application did not match the Social Security number on his background check.

Second, the date of birth listed for Smith on the application did not match the date given on his background check.

Third, applicants are required to report whether anyone owning 5 percent or more of the business or anyone who's going to work at the business has been convicted of a crime in the last 10 years. No convictions were reported on the application. Former Sheriff Tommy Cribbs is listed as an owner. A background check reported Cribbs was convicted of third offense driving under the influence of drugs or alcohol on March 6, 2001.

Gauldin said he was told that Cribbs submitted the petition to the county clerk's office. The application, however, had not been signed. The applicant must sign the paperwork in the clerk's presence.

County Clerk Diane Moore said she called Smith and told him that the application had not been signed. He went to her office and signed it.

John Flatt, chairman of the alcohol and beverage committee, convened the meeting at 6:30 p.m. and announced that he would wait five more minutes in case Smith was running late. The committee began discussing the application at 6:37 p.m. without Smith.

Without an explanation for the conflicting information, committee members Flatt, David Agee, Jimmy Hester, Adam Williams and Terry McCreight voted to reject the application.

Committee members asked whether Smith could reapply. Maybe or maybe not, Gauldin said. Anyone who provides false information on a beer permit application is not allowed to apply for a beer permit for 10 years.

Either way, Smith forfeited his $250 application fee.