Young v. Warren County Beer Board
| Decision Date | 25 April 1953 |
| Citation | 31 Beeler 211,258 S.W.2d 763,195 Tenn. 211 |
| Parties | YOUNG v. WARREN COUNTY BEER BOARD. 31 Beeler 211, 195 Tenn. 211, 258 S.W.2d 763 |
| Court | Tennessee Supreme Court |
B. B. Gullett, Nashville, for appellant.
Frank Davenport and C. E. Haston, McMinnville, for appellees.
In 1950 Lytle Young made application to the Warren County Beer Board for a permit to sell beer 'for consumption off the premises' at a location a short distance west of the corporate limits of the town of McMinnville, on Highway 70. The application was sworn to by Young. There was attached to the application a paper writing signed by several citizens who lived in the vicinity of the proposed place of business stating they had no objection to the granting of said permit. Immediately following the granting of the permit Mr. Young set about the construction of a building in which to conduct the business. Thereupon, and before the sale of any beer, a petition was filed with the Board seeking to have the permit revoked upon the ground the petitioners had not been given notice of the application by Young and that the paper writing was signed by only two property owners in the locality of Young's property. This was alleged to be sufficient reasons for revoking of the permit.
At the hearing the Board entered an order directing that the petitioners pay to the permit holder the sum of $700 and if said sum of money was paid to Young the permit would be revoked, but if not so paid then the permit would be retained by Mr. Young.
Both parties filed petitions for certiorari in the Circuit Court and at the hearing the trial judge remanded the case to the Beer Board for a final and proper order.
Both parties appealed from the order of the Circuit Judge. The case came on for hearing in the Supreme Court in due course and on February 2, 1952, it was held (opinion by Mr. Justice Gailor) that the order of the trial court was not a final order and affirmed the action of the court in remanding the case to the Beer Board. Bragg v. Boyd (Young v. Boyd), 246 S.W.2d 575. On April 21, 1952, the case was again heard by the Board, and by a vote of two to one the permit was revoked 'for the reason that the proof shows that out of nine alleged property owners on Young's petition, only three are property owners which constitutes a misrepresentation of facts as contained in Lytle Young's application, and further because the granting of beer permits outside of the city limits is detrimental to the peace, health and general welfare of the community.' (Emphasis supplied).
Thereupon a petition for certiorari was filed by Young in the Circuit Court resulting in an affirmance of the Board's action. An appeal was prayed and granted to this Court and errors assigned, all of which raise the question of the right of the Board to revoke a permit except upon statutory grounds. Code Section 1191.14.
The right of a citizen to have a permit to sell beer is based solely and alone upon the statute. County Beer Boards have no legal authority to prescribe any further restrictions, limitations or conditions in the granting or revocation of permits. Wright v. State, 171 Tenn. 628, 106 S.W.2d 866; Perry v. Sevier County Beer Commission, 181 Tenn. 696, 184 S.W.2d 82. It is the undoubted right of such boards, or county licensing authority, to refuse a permit even when an applicant has met the requirements of the law. State ex rel. Camper v. Pollard, 189 Tenn. 86, 222 S.W.2d 374. When, however, a...
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