Questions about enforcement of the city’s beer ordinance were raised again Monday night during the monthly meeting of the Mayor and Board of Aldermen.
Former alderman W.J. (Dub) White came before the mayor and aldermen last month complaining that stores licensed to sell beer in the city were being allowed to display beer advertisements within their stores in a manner which can be clearly seen from the streets, apparently a violation of the city’s beer ordinance.
City Attorney Vester Parsley, Jr. said last month that he would have a definite answer to White’s concerns by the April meeting but was concerned that this provision in the beer ordinance may be unconstitutional, improperly restricting freedom of speech.
White addressed the mayor and aldermen again Monday night, seeking Parsley’s answer. “I’d like to know what has been done about advertising beer?”
The city’s beer ordinance states ” It shall be unlawful for any beer permit holder to advertise within the business establishment in any manner visible from off the premises of said establishment the price or location of beer on the premises of the establishment”.
In response, Parsley said he thought the existing beer ordinance needs to be updated because there are portions of it that may be unenforceable. “It is my recommendation tonight to the city council that the city or beer board go back and have a workshop with MTAS (Municipal Technical Advisory Service) to look at amending or modifying our current ordinance. The ordinance is out of date. It has sections that are not applicable anymore because we have already changed by ordinance the times of operation and the fact that you can serve beer in restaurants. There is also a statute (state law) that we’re not in compliance with which would allow people who sell beer to have a generic sign outside of their business that says they sell beer. It is my recommendation that the beer board get together with MTAS to help develop a new ordinance which would be in compliance with the current ordinance that we have changed (amended) and in compliance with state law. Until that is done, I don’t think any action should be taken,” he said.
Referring to the city’s legal battle with the DeKalb Utility District, Parsley said the city has already lost a court fight over an outdated ordinance and he doesn’t want the city to possibly have to be in a similar position again if someone were to bring a legal challenge to the validity of the beer ordinance.
Even if the city were to update its beer ordinance, White contended that the city must enforce the ordinance it has now in the meantime. “You have to go by the old ordinance until you get a new ordinance fixed up,” said White.
“It’s been on the books for several years but in my opinion there are provisions of this beer ordinance that are certainly not enforceable and questionable,” Parsley responded.
If the ordinance is changed, Alderman Shawn Jacobs said he wants the city to keep a provision that would continue to require beer permit holders to meet the $25,000 wholesale value grocery stock inventory requirement. Currently stores are responsible for furnishing the city a certified inventory each year. The city, however, never does its own investigation or inventory to make sure the stores are in compliance. “Whether we want to admit it or not there is a giant pink elephant in this room and that is we have one store that has nowhere near $25,000 worth of inventory. It may be certified but it doesn’t take a rocket scientist to figure out that they don’t (comply). I think that needs to be left in the statute and I think it needs to be enforced,” said Jacobs.
“They bring us a certified copy (each year) that it (their inventory) is $25,000,” said Mayor Jimmy Poss
“We can walk in there (store) and know that is not true,” answered Alderman Jacobs. “It is our duty. It is our sworn duty as members of this body to enforce the laws of the city. I understand completely what Mr. Parsley is saying and I do agree that we need to clean up the ordinance and to make sure it’s constitutional and up to date. But I believe we do need to enforce the stipulations of the ordinance that we wish to keep. One that I personally wish to keep is that they (stores) remain required to have the $25,000 worth of grocery inventory. We have one (store) that obviously doesn’t. Another one questionably does. I’ll bet one (of the stores) doesn’t have $5,000 worth of inventory. I’ve gotten calls on this not just from Mr. White but from other members of the community as well,” said Alderman Jacobs.
Parsley said if the city were to do an independent inventory to ensure compliance, it would have to include all stores that sell beer and that would be costly to the city. “Our ordinance actually says we must take an inventory (from the stores) by April 15th of each year. It’s a certified inventory done by someone from outside the city. In the past we’ve always taken them (accepted inventories from the stores). In order for us (city) to do an inventory, we would have to do all of them and that could get very expensive in time and personnel. But those are things that need to be cleaned up (in the ordinance),” Parsley concluded.
Under the city beer ordinance, “Before a beer permit is issued, the applicant must show proof of ownership of $25,000 (Wholesale Value) in grocery stock, excluding all tobacco products, gasoline, petroleum products, antifreeze, and beer. Further, should a beer permit be granted to an applicant, the beer permit holder must maintain at all times on the premises where beer is sold a minimum grocery stock of $25,000 (Wholesale Value), excluding all tobacco products, gasoline, petroleum products, antifreeze and beer. The holder of a beer permit must provide at least one inventory per year to the Smithville beer board, said inventory to be submitted no later than April 15 of each year. Moreover, the inventory submitted annually to the Smithville beer board by the permit holder shall be performed by a business entity whose principal or predominant business is that of conducting inventories. Further, the accuracy of said inventory shall be sworn to and affirmed before a Notary Public by the agent or employee of the business entity retained to conduct the inventory. Moreover, the Smithville beer board shall have the authority to request additional inventories during the year, and each holder of a beer permit shall be obligated to provide the Smithville beer board with any requested inventory.”

Members of the DeKalb County Volunteer Fire Department responded to a structure fire at 1221 Yolanda Hills Road Saturday afternoon.
Assistant Chief David Agee said the residence belonged to Cindy Boone. Upon arrival crews found the home to be fully engulfed in flames. It was a total loss. However firefighters were able to save a detached garage and a Honda four wheeler about 10 feet from the home. The local Red Cross chapter was notified and responded to the scene to assist the family with immediate needs.
Responding stations included Short Mountain Highway and Cookeville Highway, along with the Main Station, Tanker 1 and equipment truck. DeKalb EMS staff and Sheriffs Department officers were also on the scene. There were apparently no injuries.

The Tannery on West Broad Street reopened this morning (Tuesday).
The local tanning salon business had to be closed all day Monday after a Sunday night accident in which a man crashed through the front of the building in his Chevy Blazer, causing major damage.
According to Smithville Police, 27 year old Jason Alexander Sturdivant of 487 Page Drive was driving a 1998 Chevy S-10 Blazer when the vehicle entered the parking lot of the Tannery and crashed into the business, which was closed at the time.
Sturdivant was apparently not seriously injured . He has been cited for violation of the financial responsibility law (no insurance).
Officer Joey Myers said the accident remains under investigation to determine the cause.

An employee of a company doing work at DeKalb Middle School during spring break has been charged with theft for allegedly stealing items from classrooms including laptops, backpacks and other personal belongings of teachers and students.
30 year old Jason Michael Stockton of Cookeville is charged with one count of theft over $1,000 and four counts of theft under $500. His bond totals $48,000 and he will be in court on April 10.
Detective Brandon Donnell of the Smithville Police Department, who investigated the case, said Stockton is an employee of Concrete Coatings of Cookeville. “Over spring break, the school had this company come in and redo some of the floors. When the teachers came back the following Monday, they noticed some things were gone. After looking into it more, they discovered a lot more things were missing including personal things taken from teacher’s desks such as cash, a watch, ring, money raised toward Relay for Life, a laser pointer and more. They looked on the (surveillance) cameras and saw workers from this company going into the classrooms, taking stuff and walking out with it,” he said.
Other items taken from the school included cases of bottled water and soft drinks, bottles of body lotion, an Ipod, and several bags of food for the backpack program.
The total value of the stolen items was estimated to be $5,770.
Detective Donnell said some of the stolen items were recovered upon Stockton’s arrest on Friday, April 4. ” We went to Stockton’s house in Cookeville and found some of the stuff in his house,” he said.
At least one other arrest may be forthcoming as a result of the investigation.

A former employee of McDonalds in Smithville has been charged with theft for allegedly cashing paychecks she had already deposited.
34 year old Jeri Beckham is facing three counts of theft under $500. She is under a $4,500 bond and will be in court on April 24.
According to Smithville Police, Beckham allegedly took advantage of a service called Mobile Deposit to deposit three of her paychecks into her bank account, by simply taking a picture of the checks with a mobile phone. Once deposited, Beckham then allegedly took the actual paychecks and cashed them at Food Lion.
The amounts of the checks were for $438.68 on January 2; $388.78 on January 21; and $200.98 on February 15.
The case was investigated by Corporal Travis Bryant.

A drunk driver who nearly sideswiped a sheriff’s department patrol car last week has been arrested.
51 year old Johnny Michael Howard of Billings Road, Sparta is charged with a third offense of driving under the influence. He was also issued a citation for failure to maintain his lane of travel. Howard’s bond is $4,500 and he will be in court April 24.
Sheriff Patrick Ray said that on Wednesday, April 2 at around 10:20 p.m. a deputy was traveling on Highway 70 just past Sligo bridge when a Dodge Caravan, driven by Howard, left its lane of travel and nearly sideswiped the patrol car in a curve. The officer stopped the vehicle and spoke with the driver, Howard, who had a strong odor of alcohol on him. Howard was unsteady on his feet. His speech was slurred and his eyes were bloodshot. Howard performed poorly on all field sobriety tasks. He was placed under arrest for the safety of himself and the public.
39 year old Autumn Danielle White of Page Drive, Smithville is charged with a second offense of driving on a suspended license. She was also issued a citation for simple possession (2 Hydrocodone pills), prohibited weapon (Billy Club), drug paraphernalia (set of scales), and violation of the open container law (2 open beers). Her bond is $3,000 and she will be in court April 17.
Sheriff Ray said that on Sunday, April 6 while on routine patrol, a deputy saw White driving an automobile. Having prior knowledge that she did not have a license, the officer conducted a traffic stop of her vehicle. A computer check revealed that White’s license were suspended for failure to satisfy a citation. A search of her vehicle turned up a set of scales, two hydrocodone pills, and a Billy club. She also had two open beers in the front seat.
33 year old Mark Denver Young of Barnes Mill Road, Smithville is charged with driving on a revoked license. His bond is $1,500 and he will be in court on April 17.
Sheriff Ray said that on Sunday, April 6 a deputy saw Young operating a vehicle on Barnes Mill Road. Having prior knowledge that Young did not have a license, the officer conducted a traffic stop. A computer check revealed that Young’s license were revoked for driving under the influence. He was arrested and brought to the jail for booking.

Fourteen year old Morgan Faith Green is the first ever Teen Miss. She won the crown Saturday during the pageant held at DeKalb County High School.
Teen Miss is a new Spring Blossom Pageant started by the Smithville Women’s Club. Ten girls ages thirteen to fifteen competed for the title.
Green, daughter of Suzanne and Jon Harrison of Smithville, was also named Miss Photogenic.
Addison Grace Oakley of Liberty was first runner-up in the pageant. She is the 13 year old daughter of Clark and Lisa Oakley.
Second runner-up went to Destiny Danielle Franklin, the 14 year old daughter of Charlie and Jennifer Ware of Smithville.
Thirteen year old Sarah Anne Colwell was third runner-up. She is the daughter of Trent and Christie Colwell of Smithville.
Abigail Hope Taylor was fourth runner-up. She is the 13 year old daughter of Ken and Cindy Taylor of Smithville. Taylor also received the title of Miss Personality.
Thirteen year old Kaitlyn Bain was named Runway Queen, an award presented by Runway Rentals. Bain is the daughter of Wendy Thomas and Larry Bain of Smithville.
Other participants were Abby Marie Evans, the 13 year old daughter of Amanda Mathis of Smithville; Allison Brooke Maynard, the 14 year old daughter of Stacey Smith Maynard of Smithville and Alan Maynard of Cookeville; Brooklyn Storm Estes, the 13 year old daughter of Chris and Shanna Bogle of Smithville; and Shelby Elizabeth Clayborn, the daughter of Brian and Holly Clayborn.
TOP PHOTO: Morgan Faith Green
CENTER PHOTO: Abigail Hope Taylor,Destiny Danielle Franklin, Morgan Faith Green, Addison Grace Oakley, Sarah Anne Colwell
BOTTOM PHOTO:Abigail Hope Taylor, Kaitlyn Bain, Morgan Faith Green

Twelve year old Shaunta Rose Koegler of Smithville is the new Junior Miss of the Spring Blossom Pageant, which was held Saturday at the DCHS gym and sponsored by the Smithville Women’s Club. The pageant featured eleven girls ages ten to twelve.
Koegler, daughter of Brian and Leticia Koegler, succeeds last year’s queen, Sarah Anne Colwell, the 13 year old daughter of Trent and Christie Colwell of Smithville.
Emma Brooke Jennings was the first runner-up. She is the 10 year old daughter of Chad and Shelly Jennings of Smithville.
Second runner-up was Madison Rae Rackley, the 10 year old daughter of Gordon and Jessica Rackley of Smithville.
Alexis Grace Atnip was named third runner-up. She is the 11 year old daughter of Veronica Atnip of Smithville. Atnip also received the title of Miss Photogenic.
Fourth runner-up went to Megan Emilee Cantrell, the 10 year old daughter of Todd and Jenny Cantrell of Smithville. Cantrell is also the Runway Queen, an award presented by Runway Rentals.
Ten year old Rebekah Haylee Adams was selected as Miss Personality. She is the daughter of Brian and Carolyn Adams of Smithville.
Other participants were Malia Stanley, the 12 year old daughter of Larry and Phyllis Stanley of Smithville.; Kaitlyn George, the 12 year old daughter of Ashley and Frankie Bryant and Jeff and Kim Walls of Smithville; Katherine Grace Colwell, the 10 year old daughter of Trent and Christie Colwell of Smithville; Shelby Maylee Sprague, the 12 year old daughter of Jimmy and Johnna Sprague of Smithville; and Destinee Ritchey, the 11 year old daughter of Joe and Tammy Ritchey of Dowelltown.
TOP PHOTO: Shaunta Rose Koegler
CENTER PHOTO: Megan Emilee Cantrell, Madison Rae Rackley, Shaunta Rose Koegler,Emma Brooke Jennings, Alexis Grace Atnip
BOTTOM PHOTO:Rebekah Haylee Adams,Megan Emilee Cantrell, Alexis Grace Atnip

The first ever Young Miss is Carlee Elizabeth West, the eight year old daughter of D.J. and Megan Stewart of Smithville.
The Young Miss, a new Spring Blossom Pageant started by the Smithville Women’s Club, was held Saturday at DCHS.
Fourteen girls, ages seven to nine, competed for the crown.
First Runner-up in the pageant was Annabella Eleni Dakas, the seven year old daughter of John and Mandy Dakas of Smithville.
Second Runner-up: Allyson Roxanne Fuller, the eight year old daughter of Anthony and Amanda Fuller of Smithville.
Third Runner-up: Kyleigh Breanne Hill, the nine year old daughter of Colleen Clary and Kyle Hill of Smithville. She was also named Miss Personality.
Fourth Runner-up: Alexis Rigsby, the eight year old daughter of April Hall and Caleb Rigsby of Smithville. She was also named Runway Queen, an award presented by Runway Rentals.
Miss Photogenic: Katherine Dell Gassaway, the nine year old daughter of Julianna Gassaway and Kelly Gassaway of Smithville.
Jasmen Chapman was named Miss Sweetheart. She is the seven year old daughter of Jamie and Debbie Chapman of Dowelltown.
Others in the top ten were Kenlee Renae Taylor, the eight year old daughter of Ken and Cindy Taylor of Smithville; Savanna Hope Murphy, the seven year old daughter of Brian and Stephanie Leist of Smithville; Ansley Faith Cantrell, the seven year old daughter of Tony and Amee Cantrell of Smithville; Katherine Dell Gassaway, the nine year old daughter of Julianna Gassaway and Kelly Gassaway of Smithville; and Elizabeth Gaines, the eight year old daughter of Beverly Anderson of Smithville.
The remaining contestants were Jazmine Wagner, the eight year old daughter of Tim and Wendy Wagner; Cienna Annise Cole, the seven year old daughter of Chaundra Jones and grandmother Cheryl Jones of Smithville; and Katherine Ann Vickers, the seven year old daughter of Jonathan and Crystal Vickers of Smithville.
TOP PHOTO: Carlee Elizabeth West
SECOND PHOTO FROM TOP:Alexis Rigsby,Allyson Roxanne Fuller,Carlee Elizabeth West, Annabella Eleni Dakas, Kyleigh Breanne Hill
THIRD PHOTO FROM TOP: Kyleigh Breanne Hill, Alexis Rigsby, Katherine Dell Gassaway
BOTTOM PHOTO: Miss Sweetheart Jasmen Chapman

The winner of the Little Miss Pageant Saturday was Averie Nicole McMinn, six year old daughter of Nathan and Amanda McMinn of Dowelltown.
Fifteen girls, ages four to six, were in the pageant held at DCHS sponsored by the Smithville Women’s Club.
McMinn succeeds last year’s Little Miss Annabella Eleni Dakas, the seven year old daughter of Amanda and John Dakas of Smithville.
Runners-up in the pageant are as follows:
First runner-up: Kaylee Brooke Kent, the five year old daughter of Kevin and Beth Kent of Dowelltown.
Second runner-up: Lilliana Grace Vickers, the six year old daughter of Brandi Norton of Smithville.
Third runner-up: Brooklyn Kate Fuson, the four year old daughter of Billy and Sarah Fuson of Smithville. She was also named Runway Queen, an award presented by Runway Rentals.
Fourth runner-up: Leah Beth Trapp, the five year old daughter of Jeremy and Jenny Trapp of Smithville.
Little Miss Personality: Deanna Agee, the five year old daughter of David and Dama Agee of Smithville
Little Miss Photogenic: Kaydence Shontae Johnson, the four year old daughter of Jeremy Ashburn and Trista Johnson of Smithville
Rounding out the top ten were Annali Garcia, the four year old daughter of Cardelly and Hector Garcia of Smithville; Kaydence Shontae Johnson, the four year old daughter of Jeremy Ashburn and Trista Johnson of Smithville; Lillie Grace Young, the four year old daughter of Michael and Crystal Young of Smithville ;Deanna Agee, the five year old daughter of David and Dama Agee of Smithville; and Brianna Nicole Carr, the five year old daughter of Sherry Hattaway of Smithville.
Other participants were Amalee McPherson, the six year old daughter of Johnna Maynard and Melinda and Dewayne Davis of Smithville; Zayleigh Washer, the five year old daughter of Rachel and Larry Bain of Smithville; Kaylyn Isabelle Prichard, the four year old daughter of Andy and Chrissy Prichard of Liberty; Lilly Grace Anderson, the four year old daughter of Caitlin Anderson of Smithville and the late PFC Billy Anderson; and Jakayta Odom, the six year old daughter of Rebecca Waggoner of Smithville.
TOP PHOTO: Little Miss Averie Nicole McMinn
CENTER PHOTO: Leah Beth Trapp, Lilliana Grace Vickers, Averie Nicole McMinn, Kaylee Brooke Kent, Brooklyn Kate Fuson
BOTTOM PHOTO: Kaydence Shontae Johnson, Deanna Agee, Brooklyn Kate Fuson