County Beer Regulations Scheduled for Discussion Monday Night

The DeKalb County Commission Monday night may discuss whether to change the county’s existing regulations forbidding the storage and sale of beer within 2,000 feet of schools, churches and other places of public gathering. Some believe that this minimum distance requirement is too restrictive
During an All-Committees meeting of the commission Thursday night, a majority of the commissioners present voted to place the issue on the regular meeting agenda Monday night for possible discussion.
Some commissioners have said they would be willing to support a measure to change the 2,000 foot rule, reducing it down to some lesser minimim distance requirement. Others are adamantly opposed to making any change.
While the county has the authority to change the distance requirement, it apparently cannot alter the manner in which the distance is to be measured. In the county, the distance must be measured from “nearest point” to nearest point”.
County Attorney Hilton Conger addressed that issue during a recent county beer board meeting. “Under regulations established by the county commission in October 1939, no business can be licensed to sell beer if it is within 2,000 feet of a school, church, or other place of public gathering. That’s been the rule here in the county ever since (1939). The county can change that and make it less than 2,000 feet but DeKalb County has never chosen to do that,” said Conger.
As for how the distance is to be measured, Conger said the state supreme court ruled more than fifty years ago in a Sullivan County case that the distance is to be measured in a direct line from building to building. “That was settled by the supreme court in the case of Jones versus the Sullivan County Beer Board. That was decided in 1956. The court said that the measurement is to be made in a direct line, the nearest point to the nearest point. From the building to the building,” said Conger.
The agenda for Monday night’s meeting also includes a discussion on the progress of the shopping center renovation as a county office complex; action on budget amendments, a review of expenses and revenues, an update on courthouse (office usage), a review of issues addressed during Thursday night’s all-committees meeting, approval of notaries, and any other business properly presented. WJLE plans LIVE coverage of the meeting starting at 6:30 p.m. in the basement courtroom of the courthouse.