Smithville Beer Board Suspends Licenses of Three Businesses for 90 Days

November 25, 2020
By: Dwayne Page

The Smithville Beer Board has suspended the beer licenses of three businesses for violations of the city’s beer ordinance which prohibits the illegal sales of alcohol to a person under the age of 21.

The 90 day suspensions take effect today (Wednesday) at T&B Discount Tobacco and Beer at 102 East Broad Street, Sunoco Convenience Market at 598 East Broad Street, and Disco Tienda Latina of East Broad Street.

Clerks at these three stores were cited for selling beer to a minor as a result of an undercover investigation conducted Thursday, October 22 by detectives of the Smithville Police Department using a 19 year old man to make the beer purchases. Police said in each case the store clerks failed to ask the minor to show identification.

During a Beer Board hearing Tuesday afternoon at city hall, representatives from two of the businesses, Sunoco and Disco Tienda Latina, had no attorneys representing them to mount a legal challenge and admitted to the violations saying that the offenses were not intended but the result of mistakes on the part of their employees.

Local attorney Jeremy Trapp represented the owner of T&B Discount Tobacco and Beer and said his client had not violated the city’s beer ordinance because he was not at the store that day and did not make the sale himself.

Trapp referred to the city’s beer ordinance which states that “It shall be unlawful for any beer permit holder to make or allow any sale of beer to a minor under twenty one years of age.”

According to Trapp, the ordinance does not address the actions of a permit holder’s employees and since his client himself had not sold beer to a minor his beer license should not be suspended.

“There is no proof that this gentleman had any knowledge that this lady (store clerk) was going to do anything improper. The very ordinance they are trying to suspend the license with prohibits the permit holder from making or allowing the sale. Other ordinances and statutes (in other cities) say the permit holder or their agents and employees shall not make a sale. This ordinance does not say that. This ordinance strictly prohibits the permit holder himself. In this case he is not the one who sold the beer. We are not saying its okay to sell alcohol to a minor. We are saying there is not a violation by this permit holder. He did not violate it and the person who did was charged with the offense by police,” said Trapp.

City Attorney Vester Parsley countered that the beer permit holder is still responsible for the actions of his employees.

“His employee did allow the sale and did not ask for an ID. The permit holder is responsible for the conduct and negligence of his employees and this must be so otherwise all licensees could insulate themselves from any illegal or prohibited conduct of employees,” said Parsley.

The hearing began with Smithville Police Detective James Cornelius presenting the case against T&B Discount Tobacco and Beer to the beer board and showing videos related to the undercover operation. He said the investigation started based on public complaints of underage people being able to buy alcohol at different locations in the city.

“Based on these complaints we decided to put together an undercover alcohol sale investigation which was conducted at 14 different establishments by myself and Detective Brandon Donnell in the city limits of Smithville. We enlisted the assistance of a 19 year old male in the undercover capacity. Three of the locations sold beer to the minor. The undercover person entered T & B Discount Tobacco and Beer at about 1:38 p.m. October 22. He got a six pack of 16 ounce Natural Ice Beer from the cooler and took the beer to the counter where the clerk scanned the beer. The clerk told the undercover person the amount of the purchase without asking for an ID of any kind. The clerk placed the beer in a bag. The undercover agent gave the clerk the money. The clerk made change and gave it to the undercover agent and then he came out of the store with the beer. We went back later that day and issued a citation,” said Detective Cornelius.

At the end of the hearing, members of the beer board, Annette Greek, Curt Rust, and Danny Washer, voted unanimously in each case to suspend the beer licenses for 90 days according to the city’s beer ordinance for a first offense violation.

The owner of T&B Discount Tobacco told the board the suspension would have a significant impact on his business especially with the holidays upcoming since the store sells primarily beer and tobacco products.

Meanwhile the clerks at the three businesses must answer to their citations in court. The clerk at Disco Tienda Latina, 37 year old Ender Alexander Cabrera has reportedly already made a court appearance where he entered a plea and was fined and given probation for a year. The other two clerks are 31 year old Amber Gayle Coots of T&B Discount Tobacco and Beer and 30 year old Sonni Amruthai Patel of the Sunoco Convenience Market. They were each cited for sale of alcohol to a person under age 21.

November 24, 2020
By: Dwayne Page

The DeKalb County Fire Department’s funding request for the purchase of two used fire trucks has been granted.

During Monday night’s regular monthly meeting, the county commission voted 11-3 to spend up to $250,000 from the capital projects account to buy the trucks to replace two homemade trucks which have been in the fleet for several years and can no longer pass inspection. All commissioners voted in favor except Dennis Slager, Bruce Malone, and Bobby Johnson.

The request was submitted to the county’s emergency services committee last month where it got a favorable recommendation to the full county commission. But the proposal was not received well by some members of the commission Monday night.

When the issue came up on the agenda, Commissioner Matt Adcock made a motion to grant the request. Commissioner Julie Young offered a second to the motion.

Commissioner Dennis Slager then moved to table the motion which received a second from Commissioner Bruce Malone.

At first Slager argued that now is not the time for the county to be spending $250,000 for fire trucks with financial uncertainties ahead for the county due to COVID 19.

“This money they want to spend was approved by the budget committee to put back for a rainy day. There was no recommendation by the budget committee to pass this. There is no reason to be in haste to spend this money. I am not saying we don’t have a need but this money was fair and square put back for a rainy day. We are in a COVID situation and we don’t know what our finances are going to be in the future. The budget committee agreed to hold this money back and it should not be spent at this time,” said Slager.

County Mayor Tim Stribling pointed out that the money put back for a rainy day in the general fund was $411,000 or half of the $822,000 in one-time state grant funds the county received this year. The fire trucks would not be bought from that rainy day fund. The other half of the grant, $411,000 went to the capital projects fund which is where the money would come to purchase the fire trucks. According to the budget the capital projects account is projected to finish the fiscal year with a fund balance of almost $1.5 million by June 30, 2021.

“That doesn’t mean you have to spend that. We’re being real good to the fire department. They got over a million dollars this year in matching money, state money and I am glad they got it but at some point we have to draw a line. We have never spent this kind of money on a fire engine. Spending $250,000 for two fire engines right now is not wise,” argued Slager.

Commissioner Bruce Malone said while commissioners are talking about spending $250,000 for fire trucks, they should also consider the financial stability of the ambulance service. “We are on track to lose $270,000 more than last year which is $20,000 more than the fire trucks. Why isn’t this being addressed before fire trucks? I would much rather have a solvent ambulance service than fire trucks. Yes, fire trucks are important but having a solvent ambulance service is important also,” said Malone.

Slager’s motion to table funding for the fire trucks failed on a 9-5 vote. Commissioners voting to table were Slager, Malone, Myron Rhody, Julie Young, and Bobby Johnson. Those voting against tabling the motion were Jenny Trapp, Anita Puckett, Beth Pafford, Janice Fish Stewart, Matt Adcock, Jerry Adcock, Jeff Barnes, Sabrina Farler, and Dr. Scott Little.

Slager then proposed an amendment that the county buy three fire trucks for $250,000 instead of two and that one of them be placed in the Wolf Creek area of his district where there is no fire station. Commissioner Julie Young offered a second to the motion.

“ Where would it (fire truck) go at Wolf Creek? Has somebody got a garage big enough for it”, asked Commissioner Jerry Adcock.

“ Let’s get the fire truck first and then we’ll find a place to put it,” answered Commissioner Slager.

“We’ve got the cart before the horse as far as buying a fire truck without a station and they (firefighters) have to seek out these people (volunteers) to recruit (to staff it) and that is a slow process,” said Commissioner Anita Puckett.

“Plus, in order to get good quality used fire trucks its going to cost more than $83,000 each. You get what you pay for and this is life saving equipment,” added Commissioner Matt Adcock.

“The last fire station we built was at Four Seasons and we put money back for several years as seed money before we built the building and then we talked about getting a fire truck later. Now we’re talking about a truck (for Wolf Creek) so we’ll have to rush to get a building,” said Commissioner Jerry Adcock.

Slager’s proposed amendment to buy three fire trucks failed on a 10-4 vote. Commissioners voting for the amendment in addition to Slager were Malone, Johnson, and Young. Those voting against the amendment were Trapp, Puckett, Pafford, Rhody, Stewart, Matt Adcock, Jerry Adcock, Barnes, Farler, and Little.

November 24, 2020
By: Dwayne Page

An Alexandria man believed to have been responsible for a rash of fires in the western portion of the county in August and September has been indicted by the DeKalb County Grand Jury.

37 year old Joshua David Pitman of Pitman Road, Alexandria was named in a sealed indictment last week charging him with three counts of arson and three counts of setting fire to personal property. He is under a $60,000 bond and will be arraigned in criminal Court December 8.

The case was investigated by Sheriff Patrick Ray said Detective Brian Williams with assistance of the Fire Investigation Unit of the Tennessee Bureau of Investigation.

During August and September, investigators learned that someone had been setting fires to abandoned houses, mailboxes, and a barn in the Lower Helton, Walker Creek, Jackson Hollow, Oakley Hollow, and Hickman Road.

A grainy surveillance video captured one of the mailbox arsons in progress at 10:51 p.m. September 7 on Walker Creek Road and a vehicle believed to be a light colored Nissan Altima could be seen in the video along with a suspect. Three other mailboxes were burned the same night, including another on Walker Creek Road, one on Hickman Highway, and one on Lower Helton Road along with a barn filled with rolls of hay and farm equipment on Lower Helton Road.

According to Sheriff Ray the 40’ x 60’ barn had an estimated value of $20,000 and sheltered 25 rolls of hay, a 6640 Ford tractor valued at $20,000, a 585 hayroller worth $10,000, and a 5408 New Idea disk mower valued at $2,500. All were destroyed. The fire also damaged a 489 hay bine worth $2,000 and a hay rake valued at $2,000. The barn and farm equipment were owned by separate individuals.

The abandoned houses were burned on the night of August 27 or early morning August 28 on Oakley Hollow Road and the night of September 6 or early morning September 7 on Jackson Hollow Road. Neither home had anything of value within nor any electricity. The value of the home on Oakley Hollow Road was estimated at $15,000 and the value of the house on Jackson Hollow Road is unknown.