City, market settle beer license
revocation suit
By Thomas Wilson
STAR STAFF
twilson@starhq.com
A local convenience store will have its privileges to sell
beer restored following a settlement with the city's Beverage
Board.
Joseph L. Wood, Jr. and the City of Elizabethton have reached
a settlement that effectively vacates a ruling by the city's
Beverage Board to revoke Wood's license to sell beer at J
& W Market on Sycamore Street.
The Beverage Board had revoked Wood's license in May 2002
following the market's third violation in four years of selling
beer to an underage operative working for the Elizabethton
Police Department.
Wood challenged the revocation citing dissimilar treatment
given by the board to Mountain Empire Oil Company. Roadrunner
#141 owned by Mountain Empire Oil committed its 3rd offense
of selling beer to a minor in Dec. 2000.
The Beverage Board held a show cause hearing where the Mountain
Empire Co.'s owner acknowledged beer had been sold to the
underage operative.
However, the Beverage Board assessed a $1,500 penalty against
Mountain Empire as the permit holder, but did not suspend
the market's permit to sell beer.
Judge Thomas J. Seeley, Jr. indicated in a letter sent to
both parties on April 7 that there was a possible violation
of constitutional rights in that Mountain Empire had received
more favorable treatment than Wood under similar circumstances.
Judge Jean Stanley signed the settlement order that was filed
in Carter County Circuit Court on Monday.
On March 28, 2002, an employee of J & W Market sold beer
to an underage and undercover police operative. At a show
cause hearing on the violation May 9, 2002, the board revoked
J & W Market's permit after the owner acknowledged the
employee sold beer to the underage operative.
J & W Market had two previous offenses of employees selling
beer to underage operatives working for police. After the
first such offense which occurred in Aug. 1998, Wood chose
to adhere to a $250 fine rather than have beer sales suspended
for three days under an optional punishment presented to him
by the board.
The board suspended the license for two weeks following the
second offense in July 2000. Wood appealed that decision to
the Circuit Court, which upheld the suspension.
The 7-member Elizabethton City Council functions as the city's
Beverage Board approving beer permits and issuing punitive
action against permit holders who violate terms of the permit.
The city issued an off-premises beer permit to Wood to do
business as J & W Market on June 8, 1995.