Referendums will be on the November 8 ballot in the City of Smithville including one asking voters to permit grocery stores to sell wine and the other to allow liquor by the drink in restaurants.
The referendums were verified with the number of signatures required to get the questions on the November 8 election ballot. The election commission has approved placing the referendums on the ballot
“A wine at retail food stores referendum may only be called by petition of registered voters in jurisdictions which have held and passed either a referendum to authorize retail package stores or a referendum to authorize the sale of alcoholic beverages for consumption on the premises,” said Administrator of Elections Dennis Stanley.
“Two years ago Smithville voters approved retail package stores, thus making the city eligible for wine at retail food stores,” he said. “To call a wine at retail food stores referendum, a petition must be signed by 10% or more of the registered voters casting a ballot for governor in the last city election.”
In addition, the petition has to be filed with the election commission no later than 75 days before the upcoming November election. That requirement
was also met.
The other referendum seeks to authorize alcoholic beverages for consumption on the premises in restaurants. Both referendums apply only to the City of Smithville.
“A Retail food store” is defined in the law as a business that derives at least 20 percent of its sales from the retail sale of food and food ingredients and has floor space of at least 1,200 square feet. The law requires that food sales be those types of sales taxed at the lower, 5 percent state rate, rather than the higher sales tax rate applied to sales of prepared food. It appears that this definition will prevent most convenience stores and gas stations from obtaining licenses to sell wine.
If voters approve the sale of wine in grocery stores and or liquor by the drink in restaurants, the Alcoholic Beverage Commission will be the body to issue “ licenses”.
Applicants for wine in grocery stores must submit a certificate from the city, signed by the mayor, stating that the applicant has not been convicted of a felony in the past ten years and that the applicant has a location for their business inside the city limits. If a city fails to issue a certificate to an applicant within 60 days after receiving a written application, the commission will waive the certificate requirement.
Store ownership is not required in order to receive a license, as store owners may enter into franchise or management agreements with licensees. Cities may not limit the number of retail food store wine licenses to be issued in their jurisdiction nor require that applicants reside in the city.
Grocery stores located within 500 feet of package stores may not obtain licenses to sell wine until July 1, 2017, unless the package store owner provides written permission to the commission. Any package store owner who refuses such permission cannot sell those additional items permitted by the law until such time as the grocery store obtains permission to sell wine.
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