Beer License Suspension Period Reduced for Smithville Store Owner

June 2, 2021
By: Dwayne Page

A local business owner, accused of selling alcohol to a person under age 21, will have to relinquish his beer license for 45 days instead of the 90 days imposed by the Smithville Beer Board last fall under terms of an agreement approved in DeKalb County Chancery Court Tuesday, June 1.

Markos Malak, the owner of T & B Market at 102 East Broad Street, will get his beer license back after the 45 day period and the violation against him will be dismissed. Malak will be given credit for seven days.

The action to suspend Malak’s license came last fall after a store clerk working for him at the T & B Market was cited for selling beer to a person under age 21 in violation of the city’s beer ordinance. The citation was the result of an undercover investigation conducted Thursday, October 22 by detectives of the Smithville Police Department using a 19 year old man to make beer purchases. T & B Market was one of three stores caught up in the undercover operation in which clerks failed to ask the undercover agent to show identification before selling him beer.

During a hearing on November 24, the Smithville Beer Board suspended the licenses of each store for 90 days but local attorney Jeremy Trapp, representing Malak contested the decision insisting that the board was punishing his client (Malak) for the actions of the store clerk.

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 or allowed the sale of it to a minor his beer license should not be suspended.

City Attorney Vester Parsley argued during the hearing that the permit holder (Malak) is responsible for his agents and employees and recommended that the beer board find that the permit holder (Malak) violated the beer ordinance and suspend his permit for a period of 90 days. The board followed the recommendation of its City Attorney and suspended Malak’s beer permit for a period of 90 days, effective November 25, 2020.

In December Trapp petitioned the Chancery Court for a “stay “ of the suspension pending a judicial review of the beer board’s decision. Chancellor Ronald Thurman granted a stay which has remained in place until Tuesday’s court session during which time attorneys for both sides reached a compromise approved by the Chancellor to settle the matter.

Under terms of the agreement, Malak will surrender his beer license for 45 days immediately but he will receive credit for the seven days after the hearing when the city took Malak’s license before the Chancellor issued the “stay”. After the 45 day period, Malak’s beer license will be returned to him and the violation against him will be dismissed.

June 1, 2021
By:

The U.S. Army Corps of Engineers Nashville District announces that Center Hill Lake has streamlined its process to book primitive campsites during the 2021 recreation season.

Visitors can now book a primitive campsite online at recreation.gov or via telephone by calling 1-877-444-6777 from 9 a.m. – 11 p.m. CST. Available camping opportunities are found under the facility name “Center Hill Lake Primitive Camping Areas.”

Under the Center Hill Lake primitive camping areas, it is tentatively planned to have a total of 17 designated camping areas with 19 total campsites. Most of the areas existed before the lake draw down, which began in 2008 and included three major construction projects. Over the span of 13 years the sites were not easily accessible and have not received any use. The staff at Center Hill Lake has been working to clear vegetation from the camping areas and to install signage and fire rings. Campsites are transitioning to an open reservable status after they are prepped for use. Please note this may be a two-season process to open all 19 primitive campsites.

The following locations across the lake are open to primitive camping areas to date:
 Cane Hollow Recreation Area (3 sites)
 Davies Island North
 Davies Island East
 Davies Island West
 East Shore
 White County Access
 Big Hurricane
 South Shore
 Pedigo Point – Also known as Clay Point

Rules at developed campgrounds also apply at primitive campsites. Sites can be booked for 14 days in a 30-day consecutive period. Check in time is 3:30 p.m. and check out time is 2:30 p.m. Dumping of sewage and household items is prohibited under Code of Federal Regulations Title 36 326.9.

Those who have made reservations through the Natural Resource Management Office before May 13, 2021 have their site and reservation blocked for future use. Customers should receive an e-mail or phone call acknowledging these reservations for their awareness.

The Center Hill Lake Resource Manager’s Office is seeking volunteer groups with access to a vessel that would like to assist with clearing and/or maintaining of camping areas. If interested call 931-858-3125.

May 31, 2021
By: Dwayne Page

A prayer, passages,  songs of patriotism, and the placement of a wreath marked a Memorial Day observance Monday morning outside the courthouse near the Veterans Memorial Monument.

Members of the community chorus gathered for a few flag waving songs followed by a prayer from local minister Larry Green.

Jan Thomas then read fitting passages for the occasion including “The American’s Creed” by William Tyler Page of Maryland.

“On Memorial Day, we pause to honor and remember the brave men and women of our military who made the ultimate sacrifice in service to the United States of America,” said Thomas. “ Their patriotism, courage, sacrifice, and immeasurable contributions to our nation will never be forgotten. Today we honor, we remember, and we celebrate,” she said.

“In 1917, William Tyler Page of Maryland won a nationwide contest for “the best summary of American political faith.” The U.S. House of Representatives accepted the statement as the American’s Creed on April 3, 1918. It’s two paragraphs remind us that responsibilities are the source of rights. It deserves to be read and recited. Today very few people have even ever heard of it,” said Thomas.

“I believe in the United States of America as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed, a democracy in a republic, a sovereign Nation of many sovereign States; a perfect union, one and inseparable; established upon those principles of freedom, equality, justice, and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag, and to defend it against all enemies,” said Thomas in reading from the American’s Creed.

The program closed with the Pledge of Alliance and “Taps”