Linda Kissell d/b/a Full Moon Sports Bar and Driving Range v. McMinn County Commission, et al. - Dissenting

I agree with the result reached by the majority. I write separately to point out that the applicable statute, Tenn. Code Ann. § 57-5-105, expressly provides that an application for a beer permit “shall disclose” that “no . . . person to be employed . . . has been convicted of any violation of the laws [pertaining to beer or other alcoholic beverages] or any crime involving moral turpitude within the past ten (10) years.” Tenn. Code Ann. § 57-5-105(c)(7). In addition to this requirement pertaining to the contents of the application, Tenn. Code Ann. § 57-5-105(b), dealing with what “an applicant must establish,” contains a proof requirement using the same language. See Tenn. Code Ann. § 57-5-105(b)(4).