Manuel Hernandez and J. Hernandez had made application for an "on premises" beer permit for the proposed fulltime rodeo venue. Nearly the entire property for the proposed rodeo facility was within 2,000' of a church. The applicants also failed to provide a complete application which requires a survey indicating the distance between the proposed building where the beer will be sold and the nearest church, school, daycare or other place of public gathering.

According to Mr. Hernandez statement at the hearing, their intent to buy the property was contingent on receiving a beer permit.

Back in April of 2000, Loudon County commission adopted the strongest beer permit regulations allowed by the state. Loudon County beer permit regulations state that, no permit to sell beer within 2,000' of a church, school, daycare or other place of public gathering shall be issued. Also, no beer permit shall be issued to any facility that is within 300' of a residential dwelling, provided that the owner of that residential dwelling objects to the issuance of the permit. All related measurements shall be made in a straight line between the nearest point of the building where beer will be sold and the to the nearest point of the church, school, daycare or other place of public gathering.

Beer permit regulations must be applied to both "on premises" and "off premises" applications and equally to all applicants.