Local News Articles

State Proclamation Pays Tribute to DCHS Basketball Cheerleaders and Coach Walteen Parker

January 17, 2009
by: 
Dwayne Page

The DeKalb County High School Basketball Cheerleaders have been recognized by state lawmakers for winning the 2008 TSSAA State Cheerleading Championship in the non-building last month at MTSU in Murfreesboro. DCHS Basketball Cheerleading Coach Walteen Parker was also honored for receiving the Coaches Achievement Award.

The state proclamation, signed by Lieutenant Governor Rom Ramsey, State Senator Mae Beavers, and State Representative Terri Lynn Weaver, was presented to Coach Parker and the squad Friday night during halftime of the girls basketball game.

School Board Chairman Charles Robinson presented the proclamation on behalf of State Senator Mae Beavers, who could not attend. The proclamation was read by Dennis Stanley.

The proclamation states that "Whereas, the General Assembly is pleased to specially honor and commend those successful high school teams that, through their magnificent exploits, bring honor to Tennessee and serve as exceptional ambassadors of this state; and

Whereas, the DeKalb County High School Basketball Cheerleading squad is renowned for its perennial nature as a bastion of extraordinary athletic facility in the world of competitive cheering; and

Whereas, the DeKalb County High School cheerleaders achieved an unsurpassed level of success during the 2008 season, winning the TSSAA State Cheer Championship in the Non-Building Division for the second year in a row and the third time in the last four years; and

Whereas, during the TSSAA State Championship competition held at Murphy Center at Middle Tennessee State University on December 6th, 2008, these remarkable cheerleaders awed the crowds with their strength and grace, while duly impressing the judges as they showcased their talents, which have been developed through many hours of strenuous practice; and

Whereas, DeKalb County's championship would not have been possible without the supreme knowledge and astute leadership of Cheer Coach Walteen Parker, who was also specially recognized with the Coaches' Achievement Award; and

Whereas, this very impressive cheerleading team enjoys the leadership and dedication of three tremendous team captains, Rosemary Apple, Jessica Cook, and Alison Curtis, each of whom have been members of the cheer squad on all three state championship teams; and

Whereas, the DeKalb County High School Basketball Cheerleaders are Caroline Carter, Kendra Foutch, Amanda Ours, Perri Carter, Camry White, Tiffani Hendrixson, Allyson Judkins, Cora Beth Rhody, Sydney Robinson, Ashlee Whitehead, Rosemary Apple, Jessica Cook, and Alison Curtis; and

Whereas, the members of the DeKalb County High School basketball cheerleading team epitomize all that is good in today's student-athlete, as they have achieved a premier level of success in competition while exhibiting the highest degree of character in all aspects of life; and

Whereas, the perseverance, determination, work ethic, and talent of this group of young women not only made possible a championship season, but also surely bode well for their success in every future enterprise; and

Whereas, this General Assembly finds it appropriate to acknowledge and applaud the members of the DeKalb County High School cheerleading team for their outstanding performance and for serving as examples of the exceptional quality of the youth of Tennessee; now therefore.

I, Ron Ramsey, Speaker of the Senate of the One Hundred Fifth General Assembly of the State of Tennessee, at the request of and in conjunction with Senator Mae Beavers and Representative Terri Lynn Weaver, do hereby proclaim that we honor and congratulate Coach Walteen Parker and the DeKalb County High School Basketball Cheerleaders on their exceptional legacy, their individual and collective resolve, and their triumph as the 2008 TSSAA State Cheer Champions in the Non-Building Division."

Payments Released for Tobacco Transition Program

January 17, 2009

Donny Green, County Executive Director of the DeKalb County Farm Service Agency, announces that annual payments for the Tobacco Transition Payment Program,
for the 2009 payment year, were released Monday, January 12. DeKalb County quota holders and producers will receive $505,667 in 2009 program year payments. Green says that direct deposit transactions should arrive in bank accounts within 3 business days while mailed checks should arrive within 10 business days for quota holders and producers who have enrolled in the program.

The Tobacco Transition Payment Program (TTPP), also called the "tobacco buy-out," helps tobacco quota holders and producers transition to the free market.
The Fair and Equitable Tobacco Reform Act of 2004 (P.L. 108-357), signed by President Bush on Oct. 22, 2004, ended the Depression-era tobacco quota program and established the TTPP. The program provides annual transitional payments for 10 years to eligible tobacco quota holders and producers. Payments began in 2005 and continue through 2014. Payments are funded through assessments of approximately $10 billion on tobacco product manufacturers and importers. The remaining payments will be made in 5 annual installments that will be issued in January of each year.

For more information on the Tobacco Transition Payment Program, please contact the DeKalb County Farm Service Agency at 615-597-8225, extension 2.

Senator Beavers reappointed Chairman of the Senate Judiciary Committee

January 17, 2009
by: 
Dwayne Page

State Senator Mae Beavers (R-Mt. Juliet) has been re-appointed Chairman of the Senate Judiciary Committee. The announcement was made by Lt. Governor Ron Ramsey as the 106th General Assembly concluded their organizational session in Nashville this week.

“I appreciate the opportunity to continue to serve as Judiciary Committee Chairman” said Sen. Beavers. “We have critical issues before us this year dealing with our courts, DUI laws, and public safety. I look forward to a challenging year with these issues, given the state’s current financial problems.”

The Judiciary Committee is responsible for hearing all bills dealing with civil laws, criminal laws, judicial proceedings, apportionment of elected officials and governing bodies, and all matters relating to the courts, as well as law enforcement. Beavers was also appointed to the Commerce, Labor and Agriculture Committee and the Transportation Committee. The Transportation Committee is also expected to hear legislation of critical importance to Tennessee’s road program this year.

Sen. Beavers is currently serving her second term in the State Senate, after serving four terms in the House of Representatives. Prior to being elected to the legislature, Sen. Beavers worked as a paralegal and a court reporter.

“Senator Beavers did an outstanding job as our Judiciary Committee Chairman during her first term,” said Lt. Governor Ron Ramsey. “I am very pleased that she agreed to take on this huge responsibility again for our 2009 and 2010 sessions and am confident she will carry out her duties as chairman again with the same dedication and professionalism.”

DeKalb County Man on TBI's Most Wanted List Arrested in Mexico

January 15, 2009
by: 
Dwayne Page
Toby Lynn Young

A 29 year old DeKalb County man, on the TBI's Most Wanted List, who escaped from the DeKalb County Jail in September 2004 was arrested in Mexico Thursday while applying for a passport

Sheriff Patrick Ray and the TBI say Toby Lynn Young, while in Mexico illegally, was attempting to apply for a passport under his brother's name. He did not possess any official papers to be in Mexico. Young confessed to his true identity and the fact that he was wanted in Tennessee.

Sheriff Ray and Special Agent Billy Miller of the TBI worked to confirm Young's status as a fugitive through birth records and warrants.

According to Sheriff Ray, Young is wanted in DeKalb County for felony escape, theft over $1,000 (for stealing a horse), and failure to appear in court on charges including a second offense of driving on a revoked license, reckless endangerment, evading arrest with a vehicle, two counts of aggravated assault with a vehicle, and theft over $1,000 (for stealing a vehicle). He is also wanted for violation of probation in DeKalb County. In addition, Sheriff Ray says Young is wanted by the Cannon County Sheriff's Department for failure to appear and by the Warren County Sheriff's Department for theft over $1,000. The State Board of Probation and Parole also wants Young for Parole Violation.

Young was added to the TBI's Most Wanted list in October, 2008.

Sheriff Ray and the TBI say Young will be transferred Friday to Phoenix, Arizona and will be booked as a Fugitive from Justice. He will then be extradited to Tennessee to face his charges here. Young is under a $570,000 bond on the failure to appear in DeKalb County, a $1,000 bond for violation of probation in DeKalb County, and a $25,000 bond for felony escape in DeKalb County.

In September, 2004, Lloyd Emmons, who was Sheriff at the time, said that Young led deputies on a high speed chase after stealing a van. During the pursuit, Young ran several vehicles off the road and rammed a patrol car. After a short foot pursuit, Young was arrested and charged. Only a few days after Young's arrest, he overpowered a correctional officer at the jail and escaped. He remained at large until his arrest Thursday in Mexico.

The following is the story as reported by WJLE at the time of Young's arrest in September, 2004.

A 25 year old man is being held without bond after leading authorities on a chase in a stolen Ford Aerostar van Thursday morning (September 2nd, 2004).

Toby L. Young of Pea Ridge, Liberty is charged with theft of property, aggravated assault, reckless endangerment, felony evading arrest, and driving on a revoked license.

Sheriff Lloyd Emmons and Deputy David Ward say Young was driving a van, belonging to Maria Loredo Quzada. The vehicle was reported stolen at 10:53 a.m. Thursday from a residence at 4583 Students Home Road. Young was arrested some forty five minutes later in Cannon County, about three miles from the DeKalb County line.

Officer Ward says after the Sheriff's Department received the 911 call about the stolen van, he met the vehicle approaching him on Highway 56 south near the radio station. Ward, who was going south, says he turned around and began his pursuit of the van, which was heading north. He says " There was one male subject in the vehicle. I got turned around, turned on my blue lights and sirens, but the vehicle took off, and started passing vehicles on the double lines."

According to officer Ward, the van turned from Highway 56 onto South College Street. "I radioed in and advised the city police department that we were coming into the city limits on south college street. The van kept passing vehicles on college street and then turned onto Meadow Brook Drive heading toward Short Mountain Highway."

Officer Ward says when the van came to the end of Meadow Brook Drive, it turned south onto the Short Mountain Highway and struck a southbound 2003 Volkswagon, driven by 62 year old Dr. Arturo Ruanto of Cookeville. Ward says his patrol car also struck the Volkswagon. "I locked down on my brakes but couldn't get stopped and the passenger side of my car hit the other car in the drivers side. The impact spun me out. My car did a 360. I radioed dispatch to advise the sheriff and the THP of the accident and told them that I was still in pursuit of the van." Ward says he wasn't hurt in the mishap but Dr. Ruanto and his wife Basilisa Ruanto went by private vehicle to the Cookeville hospital for treatment.

Smithville Police Officer Chris Russell joined Deputy Ward in the pursuit as it continued south on the Short Mountain Highway. The van later turned off onto another road, apparently trying to allude the officers, and while Officer Russell continued traveling south on Highway 146, Officer Ward kept following the van until it eventually came back out on the Short Mountain Highway heading toward the Cannon County line.

The van, which was in between the county and city patrol cars after it got back on the highway, rear-ended the city cruiser as the officers tried to force it off the road. Ward says " We tried to sandwich him in to get him off the road but oncoming traffic made it difficult." Officer Russell was apparently uninjured in the collision.

Ward says the van continued some three miles into Cannon County and then left the road, tore through a fence, and went into a cow pasture. After coming to a stream, he says the driver abandoned the van and tried to flee on foot. He was later found hiding among the woods and a bean field.

Other officers who arrived on the scene to assist deputy Ward and officer Russell in the search for Young were Sergeant Kenneth Whitehead and officers David Sharp and Joe Ray of the DeKalb County Sheriff's Department along with officers of both the Cannon and Warren County Sheriff's Departments.

Smithville Police Charge Sparta Woman with Criminal Responsibility In Drug Case

January 15, 2009
by: 
Dwayne Page
Misty Rose Lewis
Charles Mount
Gregory Johnson

Smithville Police have charged a 20 year old Sparta woman with criminal responsibility stemming from a case last summer in which cocaine was found in her vehicle after a routine traffic stop.

Misty Rose Lewis is under a $15,000 bond and she will be in court February 5th.

Police say Lewis, 25 year old Charles Mount, and 21 year old Gregory Johnson were in a 2001 Mercedes-Benz C320 that was stopped by K-9 Officer Bradley Tatrow on South Mountain Street in August. The K-9 dog Astro detected the presence of drugs in the car and a subsequent search by police revealed three ounces of crack cocaine in the back seat area. Mount also had in his possession a small bag of a green leafy substance believed to be marijuana.

Mount allegedly tried to flee on foot during the search, but he was quickly apprehended. Mount was charged with simple possession of a schedule VI drug and evading arrest. Johnson was charged with possession of cocaine for resale. The car was also seized. In addition to criminal responsibility, Lewis is also charged with child endangerment. Both Mount and Johnson are from Putnam County.

The criminal responsibility charge was filed against Lewis because she allegedly provided a vehicle, registered in her name, that allowed friends of hers to go and purchase cocaine. And when the vehicle was stopped by police, Lewis allegedly put the cocaine in her child's car seat with the child in the seat, at the request of a co-defendant, in order to hide the cocaine from police.

The cases against all three are still pending in court.

Meanwhile in other cases, 40 year old Christopher Joseph Cantrell is charged with a first offense of driving under the influence. His bond is $1,500 and he will be in court on February 5th.

Officer Travis Bryant reports that he responded to the hospital on January 6th where a service truck was stuck. Upon arrival, Officer Bryant spoke with the driver, Cantrell, who stated that he had slid off the roadway on private property and was trying to get someone to pull him out. While speaking to Cantrell, Officer Bryant noticed his speech was very slurred and he was unsteady on his feet. He performed poorly on several field sobriety tasks but did submit to a blood test.

47 year old Jackie Mark Mullican is charged with possession of drug paraphernalia. His bond is $1,000 and he will be in court on January 22nd.

Officer Travis Bryant reports that on January 1st he responded to City Walk Apartments on Bryant Street and spoke with a female who said that Mullican had just gone out the back window of an apartment.. Officer Bryant then ran out to the front of the building and observed Mullican walking by the road. Bryant asked Mullican to come over to where he was standing. As Mullican began walking over toward him, Officer Bryant observed Mullican drop an item into the bed of a truck. Officer Bryant said he looked in the back of the truck and saw a syringe and a cut straw containing a white residue.

35 year old Luis Ramirez is charged with no drivers license. His bond is $1,000 and he will be in court February 5th.

Officer Matt Holmes reports that he was on routine patrol traveling east on East Broad Street on January 9th when he attempted to pass Ramirez's vehicle. Officer Holmes says the Ramirez car moved into his lane and almost hit him. Holmes stopped the vehicle and asked the driver, Ramirez, to show him his drivers license, but Ramirez didn't have one.

36 year old Angel M. Whited is charged with a first offense of driving on a revoked license. Her bond is $1,500 and she will be in court on January 28th.

Officer Scott Davis reports that he observed Whited behind the wheel of a vehicle at the DeKalb County Jail preparing to leave. Having prior knowledge that her license was revoked, Officer Davis stopped her. A check of her license showed that it was revoked for failure to file security after an accident last March in White County.

Loader Turns Himself In at DeKalb County Jail

January 15, 2009
by: 
Dwayne Page
Jeremy Loader

A man wanted by the Sheriff's Department for theft and other charges has turned himself in.

Sheriff Patrick Ray says 25 year old Jeremy Daniel Loader showed up at the DeKalb County Jail at 3:30 p.m. Wednesday without incident. Loader is charged with aggravated assault, evading arrest, theft of property over $1,000, and violation of parole. Loader's bond was set at $45,000 on the charges taken by the Sheriff's Department and he will appear in court on January 29th.. A hold with out bond has been placed on him for the violation of parole warrant.

As WJLE reported earlier this week, Sheriff Ray says"On Monday night January 5th, a deputy responded to a call on Bethel Road, Smithville to investigate a break-in at a residence where several weapons were taken. While the officer was at the home, Loader telephoned and advised the victim that in fact he (Loader) was the one who took the weapons and that he wanted to come back and talk with the victim. After hearing Loader admit to the theft, the deputy left the residence and went down the road hoping to intercept Loader. After making contact with Loader, the deputy approached the driver's side of the vehicle, but Loader put the automobile in reverse in an attempt to flee. Loader's vehicle came in such close contact with the deputy that it almost struck him. The deputy, thinking Loader was trying to hit him, fired two rounds, striking the rear tire of Loader's vehicle. Loader alluded the officer and was last seen on Bethel Road. A BOLO "Be On The Lookout" was issued to DeKalb and surrounding counties. A short time later, Loader's vehicle was found abandoned on Wood's Cemetery Road in Warren County. "

In another case, Sheriff Ray says 28 year old Robert Paul Brawley of Felts Road, Sparta (DeKalb County) came into the DeKalb County Jail Monday on personal business. While at the Jail, Brawley was told he had an arrest warrant on him out of Rutherford County. Brawley turned and ran out of the jail on foot. Deputies pursued Brawley and he was caught a short distance from the Jail. Brawley was charged with escape and evading arrest. His bond was set at $20,000 and he will appear in court on January 22nd.

Meanwhile, on Tuesday deputies went to the home of 23 year old Donald Richard Atnip Jr. on Jefferson Road to serve state warrants on him for burglary and vandalism over $500. After officers made entry into the residence, they found Atnip lying on the floor in a bedroom. When they got Atnip off of the floor, deputies found 12 white pills believed to be percocet on the floor where Atnip was lying. Officers also found a red hollow ink pen barrel containing a white powdery residue in Atnip's pocket. Besides the burglary and vandalism charges sought on Atnip by a citizen, deputies charged him with possession of a schedule II drug (percocet) and possession of drug paraphernalia. Total bond for Atnip was set at $14,500. Atnip admitted that the drugs belonged to him and that he did not have a prescription for the percocets.

Board to Consider Beer Sales in Alexandria

January 13, 2009
by: 
Dwayne Page

The Alexandria Beer Board, made up of the Mayor and Board of Aldermen, will hold a meeting on Tuesday, January 27th to consider two applicants requests for a beer permit.

Kenneth Clayborn has applied for a permit to sell beer at his business C & C Market on Highway 53 and Bobby Simpson has filed an application for a beer permit at a business location on Highway 70.

The beer board meeting will be held following the regular city council meeting at 7:00 p.m. Tuesday, January 27th at the Alexandria City Hall.

Mayor Ria Baker says this is the first time the Alexandria Beer Board has ever met to act on an application. "This will be a new experience for us all. I do have some people from the state that are supposed to come and explain to us, prior to the meeting in like a workshop session, what we're supposed to do. I want everybody on the board to know what they can do, what they cannot do, and how this is supposed to work."

"We've got two applicants that want to put beer in their businesses. They've already jumped through all the hoops as far as what those codes say. Now it's just a matter of going before the board for a vote on their permit."

The Alexandria City Council is made up of Aldermen Eddie Tubbs, Maureen Tubbs, Derrick Baker, Charles Griffith, Shelia Clayborn, and Tony Tarpley.

The following are the city regulations concerning the beer board and the sale of beer in Alexandria.

8-201.Beer board established. There is hereby established a beer board to be composed of the board of mayor and aldermen. The mayor shall be the chairman of the beer board.

8-202.Meetings of the beer board. All meetings of the beer board shall be open to the public. The board shall hold regular meetings in the city hall at such times, as it shall prescribe. When there is business to come before the beer board, a special meeting may be called by the chairman provided he gives a reasonable notice thereof to each member. The board may adjourn a meeting at any time to another time and place.

8-203.Record of beer board proceedings to be kept. The recorder shall make a record of the proceedings of all meetings of the beer board. The record shall be a public record and shall contain at least the following: The date of each meeting; the names of the board members present and absent; the names of the members introducing and seconding motions and resolutions, etc., before the board; a copy of each such motion or resolution presented; the vote of each member thereon; and the provisions of each beer permit issued by the board.

8-204.Requirements for beer board quorum and action. The attendance of at least a majority of the members of the beer board shall be required to constitute a quorum for the purpose of transacting business. Matters before the board shall be decided by a majority of the members present if a quorum is constituted. Any member present but not voting shall be deemed to have cast a "nay" vote.

8-205.Powers and duties of the beer board. The beer board shall have the power and it is hereby directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within this municipality in accordance with the provisions of this chapter.

8-206."Beer" defined. The term "beer" as used in this chapter shall mean and include all beers, ales, and other malt liquors having an alcoholic content of not more than five percent (5%) by weight, except wine as defined in Tennessee Code Annotated, § 57-3-101(a)(20); provided however, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other non-beverage ingredients containing alcohol.

8-207.Permit required for engaging in beer business. It shall be unlawful for any person to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the beer board. The application shall be made on such form as the board shall prescribe and/or furnish, and pursuant to Tennessee Code Annotated, § 57-5-104(a), shall be accompanied by a non-refundable application fee of five hundred dollars ($500.00). Said fee shall be in the form of a cashier's check payable to the Town of Alexandria. Each applicant must be a person of good moral character and he must certify that he has read and is familiar with the provisions of this chapter.

a. Application for certificate of good moral character1. Before
any character certificate, as required by Tennessee Code Annotated, § 57-3-208
or a renewal as required by § 57-3-213 shall be signed by the mayor, or by any
aldermen,2 an application in writing shall be filed with the city recorder on a
form to be provided by the city, giving the following information:

(1) Name, age and address of the applicant.
(2) Number of years residence in the city.
(3) Occupation or business and length of time engaged in such occupation or business.
(4) Whether or not the applicant has been convicted of a violation of
any state or federal law or of the violation of this code or any city ordinance, and
the details of any such conviction.
(5) If employed, the name and address of employer.
(6) If in business, the kind of business and location thereof.
(7) The location of the proposed store for the sale of alcoholic beverages.
(8) The name and address of the owner of the store.
(9) If the applicant is a partnership, the name, age and address of each
partner, and his occupation, business or employer. If the applicant is a
corporation, the name, age and address of the stockholders and their degrees of
ownership of stock in the corporation.

The information in the application shall be verified by the oath of the
applicant. If the applicant is a partnership or a corporation, the application
shall be verified by the oath of each partner, or by the president of the
corporation.

b. Applicant to agree to comply with laws. The applicant for a
certificate of good moral character shall agree in writing to comply with the
state and federal laws and ordinances of the city and rules and regulations of
the Alcoholic Beverage Commission of the State for sale of alcoholic beverages.

8-3 1State law reference Tennessee Code Annotated, § 57-3-208(c).

c. Applicant to appear before board of mayor and aldermen;
duty to give information. An applicant for a certificate of good moral
character may be required to appear in person before the board of mayor and
aldermen for such reasonable examination as may be desired by the board.

d. Action on application. Every application for a certificate of
good moral character shall be referred to the chief of police for investigation and
to the city attorney for review, each of whom shall submit his findings to the
board of mayor and aldermen within thirty (30) days of the date each application
was filed. The mayor or a majority of the board of mayor and aldermen may issue
a certificate of moral character to any applicant.

e. Residency requirement. The following was amended Dec. 2008 per State Laws changing resident of the City of Alexandria to read as, resident of Tennessee.
The applicant for a certificate of good moral character shall have been a bona fide resident of Tennessee for not less than one (1) year at the time his application is filed. If the applicant is a partnership or a corporation, each of the partners or stockholders must have been a bona fide resident of Tennessee not less than one (1) year at the time the application is filed.

This section shall not apply to any applicant who has been continuously licensed pursuant to Tennessee Code Annotated, § 57-3-204, for seven (7) consecutive years.

f. Applicants for certificate who have criminal record. No
certificate of good moral character for the manufacture or sale at wholesale or
retail of alcoholic beverages or for the manufacture or vinting of wine shall be
issued to any person, (or if the applicant is a partnership, any partner, or if the
applicant is a corporation, any stockholder), who, within ten (10) years
preceding the application for such certificate of good moral character, has been
convicted of any felony or of any offense under the laws of the state or of the
United States prohibiting the sale, possession, transportation, storage or
otherwise handling of intoxicating liquors, or who has during such period been
engaged in business, alone or with others, in violation of such laws.

g. Only one establishment to be operated by retailer. No
retailer shall operate, directly or indirectly, more than one place of business for
the sale of alcoholic beverages in the city. The word "indirectly," as used in this
section, shall include and mean any kind of interest in another place of business
by way of stock, ownership, loan, partner's interest or otherwise.

h. Where establishments may be located. It shall be unlawful
for any person to operate or maintain any retail establishment for the sale,
storage or distribution of alcoholic beverages in the city except at locations zoned
for that purpose, but in no event shall any establishment be located within one hundred (100) feet of a hospital, church or school, or any other place of public
gathering, measured in a straight line between the nearest point on the
property line upon which sits the building from which the alcoholic beverages
will be sold, stored or distributed, and the nearest point on the property line of
the hospital, school, church, or other place of public gathering.

8-208.Privilege tax. There is hereby imposed on the business of selling, distributing, storing or manufacturing beer a privilege tax of one hundred dollars ($100.00). Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax each successive January 1 to the Town of Alexandria, Tennessee. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.

8-209.Beer permits shall be restrictive. All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for retail sale of beer may be further restricted so as to authorize sales only for off premises consumption. A single permit may be issued for on premise and off premise consumption. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his permit. It shall likewise be unlawful for him not to comply with any and all express restrictions or conditions in his permit.

8-210.Limitation on number of permits. The number of licenses for the sale of beer shall be limited to one (1). Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this ordinance shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

8-211.Interference with public health, safety, and morals prohibited. No permit authorizing the sale of beer will be issued when such business would cause congestion of traffic or would interfere with schools, residences, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals. In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within one hundred (100) feet of any school, residence, church or other place of public gathering. The distances shall be measured in a straight line from the nearest point on the property line upon which sits the building from which the beer will be manufactured, stored or sold to the nearest point on the property line of the school, residence, church or other place of public gathering. No permit shall be suspended, revoked or denied on the basis of proximity of the establishment to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location unless beer is not sold, distributed or manufactured at that location during any continuous six-month period. Permit shall be issued only in areas zoned for beer sales.

8-212.Prohibited conduct or activities by beer permit holders, employees and persons engaged in the sale of beer. It shall be unlawful for any beer permit holder, employee or person engaged in the sale of beer to:

1.Employ any minor under 18 years of age in the sale, storage, distribution or manufacture of beer.

2.Make or allow the sale of beer between the hours of 12:00 Midnight and 6:00 A.M. on weekdays and between the hours of 12:00 Midnight Saturday and 12:00 noon on Sunday.

3.Allow any person under twenty-one (21) years of age to loiter in or about his place of business.

4.Make or allow any sale of beer to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.

5.Allow drunk persons to loiter about his premises.

6.Serve, sell, or allow the consumption on his premises of any alcoholic beverage with an alcoholic content of more than five percent (5%) by weight.

7.Allow pool or billiard playing in the same room where beer is sold and/or consumed.

8.Fail to provide and maintain separate sanitary toilet facilities for men and women.

8-213.Revocation or suspension of beer permits. The beer board shall have the power to revoke or suspend any beer permit issued under the provisions of this chapter when the holder thereof is guilty of making a false statement or misrepresentation in his application or of violating any of the provisions of this chapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the board after reasonable notice to all the known parties in interest. Revocation or suspension proceedings may be initiated by the police chief or by any member of the beer board.

Pursuant to Tennessee Code Annotated, § 57-5-608, the beer board shall not revoke or suspend the permit of a "responsible vendor" qualified under the requirements of Tennessee Code Annotated § 57-5-606 for a clerk's illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk's original certification, unless the vendor's status as a certified responsible vendor has been revoked by the alcoholic beverage commission. If the responsible vendor's certification has been revoked, the vendor shall be punished by the beer board as if the vendor were not certified as a responsible vendor. "Clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under Tennessee Code Annotated, § 57-5-608, the alcoholic beverage commission shall revoke a vendor's status as a responsible vendor upon notification by the beer board that the board has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive twelve-month period. The revocation shall be for three (3) years.

8-214.Civil penalty in lieu of revocation or suspension.
(1) Definition. "Responsible vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the Tennessee Alcoholic Beverage Commission under the "Tennessee Responsible Vendor Act of 2006," Tennessee Code Annotated, § 57-5-601, et seq.

(2) Penalty, revocation or suspension. The beer board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed one thousand dollars ($1,000.00) for any other offense.

The beer board may impose on a responsible vendor a civil penalty not to exceed one thousand dollars ($1,000.00) for each offense of making or permitting to be made any sales to minors or for any other offense.

If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn.

Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city may impose.

8-215.Loss of clerk's certification for sale to minor. If the beer board determines that a clerk of an off-premises beer permit holder certified under Tennessee Code Annotated, 57-5-606, sold beer to a minor, the beer board shall report the name of the clerk to the alcoholic beverage commission within fifteen (15) days of determination of the sale. The certification of the clerk shall be invalid and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the beer board's determination.

8-216.Violations. Except as provided in § 8-215, any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provision of this code. Each day a violation shall be allowed to continue shall constitute a separate offense.

State Representative Terri Lynn Weaver to be Sworn into Office Tuesday

January 12, 2009
by: 
Dwayne Page
State Representative Terri Lynn Weaver-

The 106th General Assembly convenes Tuesday and Terri Lynn Weaver will officially become DeKalb County's new State Representative as she takes the oath of office at noon

Representative Weaver told WJLE Monday she is excited and anxious to serve. "At high noon, the freshman class will be standing up and we will be taking our oath as the new representatives in the state. We're the new kids on the block but we're learning and it's exciting and an honor for me to be in Nashville representing the folks of the 40th district."

"It's a week of organization. We're electing our officials. I'll soon learn where I'll be planted. As of now, I'm in a temporary office. In fact, my desk is between a refrigerator, two microwave ovens, and a television but I'll soon have an office. At the moment, I'm looking through resumes to hire an assistant. Right now I have a temporary assistant. After this week, we will recess for two weeks to get our offices in line and get our committees set up and come back around the first week in February and start governing."

"I've put in for three committees I'd like to be on but I won't know for certain which committees I'll be on until probably Thursday. I'm mostly interested in being on the agriculture committee as well as the transportation and education committees."

"I have a temporary number and people can call me at 741-2192. You can also email me at rep.terri.lynn.weaver@capitol.tn.gov"

State lawmakers will convene with a Republican majority in both the House and Senate. The session will start with election of the Speaker of the House.

On Monday, Republicans nominated former Deputy Governor Justin Wilson for comptroller, former state House Republican leader Tre Hargett for secretary of state and Shelby County Commissioner David Lillard for treasurer.

A joint session of the House and Senate is scheduled to elect the constitutional officers on Wednesday.

Top 4-H Public Speakers Awarded at County Competition

January 12, 2009
by: 
Dwayne Page
(Left to Right) Luke Willoughby, Elizabeth Sanders, Erin Cantrell Pryor-
(Left to Right) Wyatt Martin, Ashli Chew, Lydia Trail, Cassie Cain
Kyra Trapp, Brooke Reffue, Katlyn Cox, Jeremy Wagner

Students from the elementary to high school level competed in the annual DeKalb County 4-H Public Speaking Contest Monday night at Northside Elementary School.

First place winners in the competition are as follows:

Wyatt Martin, a fourth grade student from DeKalb West School
Ashli Chew, a fifth grader from Northside Elementary School
Lydia Trail, a sixth grade student from DeKalb West School
Cassie Cain, a seventh grader from DeKalb West School
Erin Cantrell Pryor, an eighth grade student at DeKalb West School
Elizabeth Sanders, a ninth grader at DCHS
Luke Willoughby, a twelfth grade student at DeKalb County High School

Runners-up in the contest included:

Kyra Trapp, a fifth grader who received second place
Brooke Reffue, a sixth grade student who was awarded second place
Katlyn Cox, a fourth grader who received third place
Jeremy Wagner, a fourth grade student who was awarded second place.

County Extension Agent Ron Rogers says the winners in this contest will advance to the next levels of competition. "In grades four through eight, they will go to the sub-regional contest and compete against students from eight other counties at Livingston. The competition ends there. Our winners in grades nine through twelve will represent us in the state public speaking contest at Murfreesboro during 4-H Congress in late March."

Rogers says public speaking is not required for students in 4-H but it is strongly encouraged. "Many of the teachers promote it heavily because public speaking is a life skill. It's something students will make use of all their lives no matter where they work or what they do. We think it's a great thing to learn. It gets them over their fear of crowds and being in front of people. We really work at it hard and the teachers work with us. We really think it's a very important project."

Man Wanted in Burglary and Theft Case

January 12, 2009
by: 
Dwayne Page
Jeremy D. Loader

The DeKalb County Sheriff's Department is asking for your help in locating 24 year old Jeremy D. Loader of Bethel Road Smithville, who is wanted in a recent burglary and theft case.

Sheriff Patrick Ray says"On Monday night January 5th, a deputy responded to a call on Bethel Road, Smithville to investigate a break-in at a residence where several weapons were taken. While the officer was at the home, Loader telephoned and advised the victim that in fact he (Loader) was the one who took the weapons and that he wanted to come back and talk with the victim. After hearing Loader admit to the theft, the deputy left the residence and went down the road hoping to intercept Loader. After making contact with Loader, the deputy approached the driver's side of the vehicle, but Loader put the automobile in reverse in an attempt to flee. Loader's vehicle came in such close contact with the deputy that it almost struck him. The deputy, thinking Loader was trying to hit him, fired two rounds, striking the rear tire of Loader's vehicle. Loader alluded the officer and was last seen on Bethel Road. A BOLO "Be On The Lookout" was issued to DeKalb and surrounding counties. A short time later, Loader's vehicle was found abandoned on Wood's Cemetery Road in Warren County.

Sheriff Ray says Loader is a white male, 6 feet 1 inch tall, 190 pounds, with brown hair and hazel colored eyes. If you know the whereabouts of Loader, please call the DeKalb County Sheriff's Department at 597-4935 or the DeKalb County Sheriff's Department tip line at 464-6400.

Meanwhile, in a separate case, deputies arrested 30 year old Terry Bly of North Cumberland Apartments, Lebanon Saturday for driving on a revoked driver's license. Officers observed Bly drive around the DeKalb County public square and park in front of the jail. The arresting officer had prior knowledge that Bly's license was revoked. Sheriff Ray says Bly's license was revoked for a driving under the influence conviction in Wilson County on November 4th, 2008. Bly's bond was set at $1,500 and he will appear in court on January 28th.

40 year old David Dixon of Hurricane Ridge Road, Smithville was charged Saturday with public intoxication after deputies responded to a domestic violence call on Hurricane Ridge Road. Officers found Dixon walking on Hurricane Ridge Road in an intoxicated state. Dixon had a strong smell of alcohol on his person and he was staggering and very belligerent. Dixon's bond was set at $1,500 and he will appear in court on January 22nd.

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