Resolution 02-2026-1, which concerned Permits for the Sale of Beer Close to a Place of Public Gathering was the first item of new business at the February 17, 2026, Cumberland County Commission meeting and passed unanimously (14-0).

County Attorney Philip Burnett provided a detailed explanation during the discussion, saying that Tennessee law allows counties to establish distance restrictions for beer sales from schools, churches, or other places of public gathering, with a traditional “bright-line” rule often set at 2,000 feet.

However, over the years, the Cumberland County Beer Board had approved permits at distances shorter than 2,000 feet. This included a prior adjustment reducing the rule to 250 feet after approvals that violated the original 2,000-foot standard which rendered the county unable to strictly enforce the longer distance.

A recent beer permit application, approved by the Beer Board the previous month for a location in the Village Mall, measured only 161 feet from a protected site. This permit dates back to around 2008 or 2009, further demonstrating prior violations of the county’s own rules. As a result, the county could no longer rely on the 250-foot standard without risking legal challenges.

The resolution updated the rule to a new bright-line minimum of 100 feet.

Importantly, the resolution retained discretionary authority for the Beer Board and commission and provides flexibility beyond a pure bright-line rule, though the attorney noted limited strong case law specifically on interference-based denials (most precedents focus on distance violations).