Smithville Aldermen Monday night took the final step toward authorizing liquor sales with the passage of an ordinance on second reading to amend the Municipal Code by establishing regulations for package stores in the city.
The vote was 3-0. Aldermen Danny Washer, Gayla Hendrix, and Jason Murphy all voted in favor. Aldermen Shawn Jacobs and Josh Miller were unable to attend the meeting.
Before the vote, Mayor Jimmy Poss opened a hearing for public comments but no one spoke either for or against.
As adopted on second and final reading, regulations are established for persons to make application for a certificate of compliance. Applicants could be required to appear before the Board of Mayor and Aldermen to provide information as to their application.
Applications would be referred to the police chief for investigation and to the city attorney for a review (background check), who then would submit their findings to the Board of Mayor and Aldermen within thirty days. Once an applicant receives a certificate of compliance from the city, he or she must then send it to the Tennessee Alcoholic Beverage Commission as part of the state requirements in making application for a liquor license.
Other conditions set forth in the proposed ordinance before a certificate of compliance could be issued are as follows:
An applicant must have been a resident of the city for the previous two years or a citizen of the county for three years. Anyone in a partnership must also meet the residency requirements.
No applicant convicted of a felony within ten years of filing an application could be issued a certificate.
There would be no limit as to the number of stores that may operate but no retailer shall operate, directly or indirectly, more than one liquor store in the city.
Liquor stores could only be operated in locations zoned for that purpose.
No store could be located in a space of less than 1,500 square feet and the store buildings must be of a permanent type construction.
Liquor stores would be required to keep in stock a minimum $150,000 inventory
Entrances must be on the ground floor, with only one main entrance. If a store is on the corner of two streets, a door opening may be maintained on each such street.
No liquor sales would be permitted for consumption on the premises.
No radios, amusement devices, or seating facilities would be allowed
.
In no event would a liquor store be permitted within 400 feet of any hospital, school, church, or other place of public gathering. The distances are to be measured in a straight line from front door to front door. If there is no building on the place of public gathering, the distance would be measured from front door of the liquor store to the nearest property line of the public gathering location.
The ordinance authorizes inspection fees and civil penalties for violations.
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