A restaurant liquor by the drink referendum will be on the Smithville city election ballot June 19.
Dennis Stanley, Administrator of Elections, told WJLE Monday afternoon that Randy Paris has turned in over 100 valid signatures on petitions to the election commission office, more than the 90 signatures needed to get the referendum on the ballot.
The petition, as WJLE first reported on Thursday April 5, seeks to “authorize the sale of alcoholic beverages for consumption on the premises in the City of Smithville.
Under the law, such a petition must be presented to the election commission office no later than 45 days before the Smithville Municipal Election.
Should the referendum be approved, eligible restaurants in the city of Smithville could apply to the Tennessee Alcoholic Beverage Commission for an on premises license to sell liquor by the drink, but it would still be up to the Smithville Beer Board whether or not to grant a permit for those same businesses to sell beer, according to Keith Bell, assistant director of the Tennessee Alcoholic Beverage Commission, in an interview with WJLE.
“If Smithville passes liquor by the drink, if a restaurant is properly permitted to sell liquor by the drink, then they would be “authorized”, and I emphasize the word “authorized”. They would be authorized by the Tennessee Code to also sell beer, but they would have to be permitted through the appropriate jurisdiction, which in this case would be the Smithville Beer Board. Let me repeat this so its completely understood. If Smithville passes. If Smithville authorizes to conduct a referendum, pursuant to Tennessee Code 57-4-103 and your voters pass the referendum to allow liquor by the drink in their restaurants and then a restaurant applies for a license to sell liquor by the drink with the Tennessee Alcoholic Beverage Commission, essentially if they’re licensed or permitted to sell liquor or wine for on premises consumption, pursuant to Chapter 4 of Title 57, they’re also allowed to sell beer at the establishment if they are properly authorized to sell liquor or wine, provided that the establishment lawfully obtains a beer permit from the Smithville Beer Board,” said Bell
However, under the current City of Smithville Beer Ordinance, the sale of beer for consumption on the premises is prohibited. The ordinance states that “It shall be unlawful for any beer permit holder to allow the consumption on his premises of any beer whether sold from his premises or elsewhere; or to serve, sell, or allow the consumption on his or her premises of any alcoholic beverage with an alcohol content of more than five percent by weight.”
If restaurants in the city were licensed to sell liquor by the drink, they would have to abide by the designated serving hours, but could sell on Sunday, according to Bell. “No licensee shall permit alcoholic or malt beverages to be consumed on the licensed premises between the hours of 3:00 a.m. and 8:00 a.m. on Monday through Saturday or between the hours of 3:00 a.m. and 10:00 a.m. on Sunday, unless the local jurisdiction has opted out of the expanded hours. If such is the case, then the consumption and or sale of alcoholic beverages may begin at 12:00 noon on Sunday,” said Bell.