Smithville Aldermen Monday night took another step toward authorizing liquor sales with the passage of an ordinance on first reading to amend the Municipal Code by establishing regulations for package stores in the city.
The vote was 4-1.
Alderman Shawn Jacobs who voted no said he wanted to include a provision to require annual inventory audits to ensure stores were stocking the minimum amounts (as established by the city); that the licensees pay for the audits; and that the city approve the firms doing the audits. Such provisions were not added to the proposed ordinance.
Alderman Gayla Hendrix said she opposed the city trying to micromanage businesses in this manner. “That’s why the state has an Alcoholic Beverage Commission. They govern these things. We’d just be adding unnecessary burdens on them (licensees),” she said.
The proposed ordinance, as presented to the aldermen Monday night, did not include minimum inventory requirements but Aldermen Jacobs, Josh Miller, and Jason Murphy specifically asked that they be added. “By setting a minimum inventory, that will set a minimum number of stores. If there are two or three liquor stores here in Smithville, and Joe over here decides he wants to go in one, he knows he’s got to buy $150,000 minimum worth of liquor and that’s not his only cost. The next thing you know, he’s in it for $200,000 minimum before he starts. And then to be competitive with the other guys, he’s probably going to be in it for $350,000 because he wants to have a better selection than (his competitors),” said Alderman Murphy.
In making the motion to adopt the ordinance, Alderman Hendrix moved to establish $150,000 as the minimum inventory.
Second and final reading passage is scheduled for the next regular monthly meeting on Monday, March 2 at 6:00 p.m. following a public hearing at city hall. However, the mayor and aldermen are expected to hold a workshop before the March meeting to possibly make changes in the proposed ordinance.
As adopted Monday night, regulations would be 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 proposed ordinance authorizes inspection fees and civil penalties for violations.
THE ACTUAL ORDINANCE AS ADOPTED MONDAY NIGHT IS AS FOLLOWS BELOW:
ORDINANCE NO. 461
AN ORDINANCE TO AMEND TITLE 8 OF THE
SMITHVILLE MUNICIPAL CODE
BY ESTABLISHING PACKAGE LIQUOR REGULATIONS
WHEREAS, the sale of retail package liquor was approved by the voters of the City of Smithville at the November 2014 referendum election; and
WHEREAS, currently the ordinances of the City of Smithville do not permit or regulate retail package liquor sales; and
WHEREAS, the Board of Mayor and Aldermen of the City of Smithville desires to be in compliance with state statutes regarding such liquor sales
NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Smithville, Tennessee, that:
SECTION 1. Title 8 of the Smithville Municipal Code is amended by deleting Chapter 1 Intoxicating Liquors in it’s entirely, and by replacing it with the following new Chapter 1:
CHAPTER 1
PACKAGE LIQUOR STORES
Section 1:
8-101. Alcoholic beverages subject to regulation.
8-102. Application for certificate.
8-103. Applicant to agree to comply with laws.
8-104. Applicant to appear before board of mayor and aldermen; duty to give information.
8-105. Action on application.
8-106. Residency requirement.
8-107. Applicants for certificate who have criminal record.
8-108. Only one establishment to be operated by retailer.
8-109. Where establishments may be located.
8-110. Retail stores to be on ground floor; entrances.
8-111. Sales for consumption on premises.
8-112. Radios, amusement devices and seating facilities prohibited in retail establishments.
8-113. Inspection fee.
8-114. Interference with public health, safety, and morals prohibited
8-115. Violations.
Section 2:
8-120. Violations.
Section 3:
8-130. Effective Date.
 
SECTION 1:
8-101. Alcoholic beverages subject to regulation. It shall be unlawful to engage in the business of selling, storing, transporting, distributing, or to purchase or possess alcoholic beverages within the corporate limits of this town except as provided by Tennessee Code Annotated, Title 57, Chapter 3.
8-102. Application for certificate1. Before any certificate, as required by Tennessee Code Annotated, § 57-3-208 or a renewal as required by § 57-3-213 shall be signed by the mayor, or by any aldermen2, an application in writing shall be filed with the city recorder on a form to be provided by the town, giving the following information:
(1) Name, age and address of the applicant.
(2) Time of residence in the town.
(3) Occupation or business and length of time engaged in such occupation or business.
(4) Whether or not the applicant has been convicted of a violation of any state or federal law or of the violation of this code or any town ordinance, and the details of any such conviction.
(5) If employed, the name and address of employer.
(6) If in business, the kind of business and location thereof.
(7) The location of the proposed store for the sale of alcoholic beverages.
(8) The name and address of the owner of the store.
(9) If the applicant is a partnership, the name, age and address of each partner, and his occupation, business or employer. If the applicant is a corporation, the name, age and address of the stockholders and their degrees of ownership of stock in the corporation.
(10) Certain financial information pertinent to the applicant, partnership, corporation and partners or stockholders.
The information in the application shall be verified by the oath of the applicant. If the applicant is a partnership or a corporation, the application shall be verified by the oath of each partner, or by the president of the corporation.
8-103. Applicant to agree to comply with laws. The applicant for a certificate of compliance shall agree in writing to comply with the state and federal laws and ordinances of the town and rules and regulations of the Alcoholic Beverage Commission of the State for sale of alcoholic beverages.
8-104. Applicant to appear before board of mayor and aldermen; duty to give information. An applicant for a certificate of compliance may be required to appear in person before the board of mayor and aldermen for such reasonable examination as may be desired by the board.
8-105. Action on application. Every application for a certificate of compliance shall be referred to the chief of police for investigation and to the city attorney for review, each of whom shall submit his findings to the board of mayor and aldermen within thirty (30) days of the date each application was filed.
The board of mayor and aldermen may issue a certificate of compliance to any applicant, which shall be signed by the mayor or by a majority of the board of mayor and aldermen.
8-106. Residency requirement3. The applicant (majority owner) for a certificate of compliance shall have been a bona fide resident of the City of Smithville for the previous two (2) years or a citizen of DeKalb County for the previous three (3) years. If the applicant is a partnership or a corporation each of the partners or stockholders must meet these residency requirements.
State law reference TCA 57-3-208(c)
8-107. Applicants for certificate who have criminal record. No certificate of compliance for the manufacture or sale at wholesale or retail of alcoholic beverages, or for the manufacture or vinting of wine, shall be issued to any person, (or if the applicant is a partnership, any partner, or if the applicant is a corporation, any stockholder), who, within ten (10) years preceding the application for such certificate of compliance, has been convicted of any felony or of any offense under the laws of the state or of the United States prohibiting the sale, possession, transportation, storage or otherwise handling of intoxicating liquors, or who has during such period been engaged in business, alone or with others, in violation of such laws.
8-108. Only one establishment to be operated by retailer. No retailer shall operate, directly or indirectly, more than one place of business for the sale of alcoholic beverages in the town. The word “indirectly,” as used in this section, shall include and mean any kind of interest in another place of business by way of stock, ownership, loan, partner’s interest or otherwise.
8-109. Where establishments may be located. It shall be unlawful for any person to operate or maintain any retail establishment for the sale, storage or distribution of alcoholic beverages in the city except at locations zoned for that purpose.
8-110. Retail stores to be on ground floor; entrances. No retail store shall be located anywhere on premises in the town except on the ground floor thereof. Each such store shall have only one main entrance; provided, that when a store is located on the corner of two (2) streets, such store may maintain a door opening on each such street; and provided further, that any salesroom adjoining the lobby of a hotel may maintain an additional door into such lobby as long as the lobby is open to the public. No retail liquor store shall be located in a space of less than 1,500 square feet.
In addition, all liquor stores shall be a permanent type of construction. No liquor stores shall be located in a manufactured or other moveable or prefabricated type building. All liquor stores shall have night lights surrounding the premises and shall be equipped with a functioning burglar alarm system on the inside of the premises. Full, free and unobstructed vision shall be afforded to and from the street and public highway or street to the interior of the liquor store by the way of large windows in the front, and to the extent practicable, to the sides of the building containing the liquor store. All liquor stores shall be subject to applicable zoning, land use, building and life safety regulations, adopted by the town, unless specifically provided otherwise.
8-111. Sales for consumption on premises. No alcoholic beverages shall be sold for consumption, or shall be consumed, on the premises of the retail seller.
8-112. Radios, amusement devices and seating facilities prohibited in retail establishments. No radios, television sets, pinball machines, slot machines or other devices which tend to cause persons to congregate in such place shall be permitted in any retail establishment. No seating facilities shall be provided for persons other than employees.
8-113. Inspection fee. The City of Smithville hereby imposes an inspection fee in the maximum amount allowed by Tennessee Code Annotated, § 57-3-501 on all licensed retailers of alcoholic beverages located within the corporate limits of the town.
8-114. Interference with public health, safety, and morals prohibited. No liquor stores shall be located where such business would cause congestion of traffic or would interfere with schools, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals. In no event will a liquor store be located within four hundred (400) feet of any hospital, school, church or other place of public gathering. The distances are to be measured in a straight line from the front door of the building liquor store to the front door of the hospital, school, church or other place of public gathering. If there is no building on the place of public gathering, the distance shall be measured from the front door of the liquor store to the nearest property line of the place of public gathering.
8-115. Violations. Any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provision of this code. Upon conviction of any person under this chapter, it shall be mandatory for the town judge to immediately certify the conviction, whether on appeal or not, to the Tennessee Alcoholic Beverage Commission. However, nothing herein shall be construed to prevent the town from exercising any criminal or civil remedies that it may have with respect to violations of this ordinance.
SECTION 2.
8-120. Violations. Any person who violates any section of this chapter shall upon conviction thereof be punished by a fine of not more than fifty dollars ($50.00) for each offense. Each day a violation continues after a service of notice specifying a compliance date; or each day the action continues after receiving a citation from the Police Department indicating a violation is in existence; or each day after a conviction and the violation continues shall be deemed a separate offense. The court in addition to the fine may include any remedial action that shall be deemed necessary pursuant to the inherent power of the court to resolve the violation.
SECTION 3.
8-130. Effective Date. This ordinance shall take effect after its final passage, the welfare of the City of Smithville demanding it.
1 State law reference
Tennessee Code Annotated, § 57-3-208.
2 State law reference
Tennessee Code Annotated, § 57-3-208 requires the certificate to be signed by the mayor or a majority of the governing body.
3 State law reference 1
Tennessee Code Annotated, § 57-3-208(c).
4 State law reference
Tennessee Code Annotated, § 57-3-208(c).
Passed 1st Reading on
Passed on 2nd and final Reading
Jimmy Poss, Hunter Hendrixson,
Mayor City Administrator
CITY OF SMITHVILLE, TENNESSEE
INSTRUCTIONS FOR APPLICANTS FOR A CERTIFICATE OF COMPLIANCE
TO APPLY TO THE STATE ALCOHOLIC BEVERAGE COMMISSION TO
SELL ALCOHOLIC BEVERAGES AT A RETAIL LIQUOR STORE
1. A Certificate of Compliance shall be issued solely to the applicant, whether a person, firm, corporation, joint-stock company, syndicate, or association.
2. An application for a certificate of compliance must be completed on behalf of all of the owner(s) of the applicant.
3. Separate questionnaires, releases of information for both a record check and financial record check must be completed by all persons having any ownership interest in Applicant.
4. A new release of information request for record check must be submitted when a new person begins managerial duties associated with the business.
5. A certificate of compliance is valid only for the applicant, and cannot be transferred or sold to another person or group.
6. To be considered a complete application, the following must be returned no earlier than __________________ and no later than _________________ at _______ p.m. CST to the city recorder’s office. The completed application must include the following:
A. Application for Certificate of Compliance completed and signed by all owners of Applicant with payment of the $ 400 (four hundred dollars) application fee.
B. Individual Questionnaire completed by each person in an applicant group that has any interest in the proposed business.
C. Release for request for record check completed by all parties in an applicant group and the manager of the proposed store.
D. Release for request for financial record check completed by all parties in an applicant group for the proposed store.
E. Affidavit of publication of public notice set forth in the Rules of the Alcoholic Beverage
Commission found in Rule 0100-3.09 (15) and (16) with such notice being published in three (3) consecutive issues of the Smithville Review site plan that is in compliance with the city’s prevailing ordinances and regulations.
G. Written documentation from a licensed surveyor that confirms the business location complies with the distance requirements found in Section 8-114 of the Municipal Code.
H. A copy of the official State of Tennessee Liquor Retail License Application.
7. The Board of Mayor and Aldermen will hold a public hearing on the applications and will consider the applications at that meeting.
CITY OF SMITHVILLE
104 East Main Street
Smithville, TN 37166
(615) 597-4745
APPLICATION FOR CERTIFICATE OF COMPLIANCE
$ 400 NON-REFUNDABLE APPLICATION
Date ______________________ FEE PAID ON: _______________________
This application must be complete when submitted to the city recorder. Failure to supply requested information may result in rejection of the application by Board of Mayor and Aldermen.
The name of the Applicant(s) is/are:
_________________________________
The Applicant is a ____ sole proprietorship ____ corporation ____ general partnership
____ limited partnership or ____ limited liability company
If other than sole proprietorship, list all names, titles and % of ownership of owners of this applicant: ____________________________________________________
___________________________________________________
List the business address, property tax identification number and current zoning classification of the location for which license is sought: _____________________________________________________
Property owner of proposed location: _________________________________
Owner’s address: ________________________________________
Property owner telephone number: ________________________________
Is property owned by applicant? ____ Is property leased? ___ Term of lease? _________
Does applicant have an option to purchase the property? ____________
If none of the above, explain: _____________________________
Include a listing of persons having any interest, direct or indirect, in such premises.
If license is granted, what is the proposed opening date for this store? ________________
Give name and address of any other business(es) in which owner(s) of applicant are actively engaged: _______________________________________________________
_________________________________________________________
Each Question Must Be Fully Answered
1. Under what name will this business operate? ___________________
________________________________________________________________
2. What is the applicant’s mailing address? ________________________________
________________________________________________________________
3. Specify the identity, title, address, and telephone number of the person who is to receive notices and correspondence for the applicant. _____________________
__________________________________________
4. If a corporation, limited partnership, or limited liability corporation, when and where organized?
State: TENNESSEE
Date: ______________________________________
Control Number: ___________________________
5. Has any person having any kind of interest in the applicant been convicted of any offense under the laws of the State of Tennessee, or of any other state, or of the United States; prohibiting or regulating the sale, possession, transportation, storing, manufacturing or otherwise handling intoxicating liquors within ten (10) years preceding the date of this application? ______________
If the answer is yes, list the NAME, DATE, PLACE, OFFENSE and DISPOSITION of all such convictions: ________________________________________
_________________________________________
6. Has any person having any kind of interest in the applicant been convicted within the last ten (10) years for any offense other than minor traffic violations and those specified in 6, above, under the laws of the State of Tennessee or of any other state, or of the United States?
_______________________________
If the answer is yes, list the NAME, DATE, PLACE, OFFENSE and DISPOSITION of all such convictions:
_______________________________
7. Has any person having any kind of interest in Applicant ever been cited to appear before the Commissioner of Revenue, the Tennessee Alcoholic Beverage Commission or the City of Smithville and charged with a violation involving alcoholic beverages? ___________
If the answer is yes, list the NAME, DATE, PLACE, OFFENSE and DISPOSITION of all such convictions:
_______________________________________
8. Give the name(s) of the applicant who owns, operates or has any interest, directly or indirectly, in a retail liquor store, wholesale distributor, distillery or supplier?
___________________________________
9. Give the names and addresses of persons related to any owner of the applicant by blood, marriage, or otherwise who own, operate, or have any interest in a wholesale distributor, distillery or supplier. ______________
_____________________________________________
10. Give the names and addresses of all persons other than those shown on the application who have any kind of interest – financial, loans, gifts, guaranties securing loans, or otherwise – in applicant and describe such interest:
___________________________________________
___________________________________________
11. Give the names and addresses of all persons other than those shown on the application who will share in the profits or losses of the applicant and state their respective interest: ___________________
_____________________________________________
12. List the full name(s) of the person(s) to serve as on premises manager(s) of the business of the applicant at the location to which this application applies?
____________________________________________
____________________________________________
NOTE: The City of Smithville must be notified by certified mail immediately of any changes in on-premises management, and completed individual questionnaires must be submitted with such notification.
13. Are there any outstanding debts at the date this application was filed, (utilities, property taxes, business taxes, fines, fees, etc.) owed by applicant or any owner of applicant to the City of Smithville? (Yes ______) (No ______) If yes, list details, including type, date incurred and amount.
____________________________________________
____________________________________________
NOTE: THE APPLICANT(S) WILL HAVE FULL RESPONSIBILITY FOR THE ACTIONS OF ANY AND ALL OF THE APPLICANT’S EMPLOYEES.
14. Attach six (6) copies of a detailed site plan for the proposed business location of Applicant with information referenced in the City of Smithville prevailing ordinances and regulations including, but not limited to Title 8, Chapter 1 of the City of Smithville Municipal Code.
Applicant must submit written documentation from a licensed surveyor that confirms the business location complies with the distance requirements found in Section 8-114 of the City of Smithville Municipal Code with this application. The proposed location must exceed four hundred (400 ) feet as to any hospital, school, church or other place of public gathering. The distances are to be measured in a straight line from the front door of the building liquor store to the front door of the hospital, school, church or other place of public gathering. If there is no building on the place of public gathering, the distance shall be measured from the front door of the liquor store to the nearest property line of the place of public gathering.
15. Attach six (6) copies of a detailed financial plan for applicant that includes projected profit (loss), revenue, and expenditures for a period covering at least five (5) years. Include the initial investment in the building, fixtures and the initial inventory investment. The items listed are the minimum requirements and additional information that would be helpful in the evaluation process should be included.
16. Attach six (6) copies of the following items for each owner of Applicant.
Three trade references
One bank reference
Current Balance Sheet
Current Income Statement
Previous 2 year’s tax returns (personal and business)
Personal financial statement
Applicant or applicants hereby state(s) that he or she meets all of the requirements for obtaining a State Liquor Retailer’s License.
Each applicant or applicants hereby expressly agree to comply with the provisions of the Title 8, Chapter 1 of the City of Smithville Municipal Code and with all applicable state laws, rules and regulations.
WARNING:THIS APPLICATION IS TO BE NOTARIZED AND IS MADE UNDER OATH OR AFFIRMATION. FALSE STATEMENTS MAY BE GROUNDS FOR REJECTION OF THE APPLICATION OR SUSPENSION OR REVOCATION OF THE LICENSE.
(Additional applicant sheets should be attached if necessary).
 
________________________________ _________________
Signature of Applicant Home Street Address
________________________________ ____________________
City and Zip Code Home Phone No.
__________________________________ ____________________
Signature of Applicant Home Street Address
__________________________________ _______________________
City and Zip Code Home Phone No.
_________________________________
Signature of Applicant Home Street Address
_________________________________ ___________________
City and Zip Code Home Phone No.
_________________________________ _____________________
Signature of Applicant Home Street Address
_________________________________ ________________________
City and Zip Code Home Phone No.
STATE OF TENNESSEE
COUNTY OF ________________
Before me, a Notary Public in and for the said state and county, personally appeared the above named applicant, with whom I am personally acquainted or proved identity on the basis of satisfactory evidence, the bargainor(s), and who acknowledged the execution of the foregoing instrument (Real Estate Lease) for the purposes therein contained.
Witness my hand and seal at ________________________________________, Tennessee on this __________ day of ____________________, 2015.
________________________________________
NOTARY PUBLIC
My Commission Expires:
_______________________
CITY OF SMITHVILLE, TENNESSEE
INDIVIDUAL QUESTIONNAIRE RELATIVE TO
APPLICATION FOR CERTIFICATE OF COMPLIANCE
TO SELL ALCOHOLIC BEVERAGES
AT A RETAIL LIQUOR STORE IN SMITHVILLE, TENNESSEE
To be filed by all persons who have any ownership interest in Applicant for which an application for a Certificate of Compliance is on file with the City of Smithville. Each individual owner must submit a separate Questionnaire, which is to be attached to the application.
Date: ____________________
Applicant for License (as listed on application): __________________
Information Relating to Person Completing this Questionnaire (“owner”):
Name: ___________________________________________
Business Phone: _____________________ Home Phone: ____________
1. State the amount of capital you propose to invest in the Applicant. $___________
2. What is the source of this capital? (state in detail) ____________
______________________________________________
3. If savings or personal funds, give the name of the bank where deposited.
_____________________________________________
4. If a loan was made for this investment, state the name of the lender and the amount.
________________________________________________
_________________________________________________
5. State names, addresses and type of business of all employment for the past ten (10) years.
Period of
Employer Address Type of Business Employment
____________________________________________________
___________________________________________________
______________________________________________________
6. State all addresses where you have resided the last ten (10) years. (Address City State)
__________________________________________________
____________________________________________________
_____________________________________________________
7. Give the name and address of any relatives that have any interest in any liquor business. _______________________________________________
8. Have you been convicted within the last ten (10) years of any violation of any law against possession, sale, manufacture, or transportation of intoxicating liquor, or any crime involving moral turpitude? _____________
If the answer is yes, furnish complete details of all convictions including DATE, PLACE, CHARGE, and DISPOSITION. __________________________________________
_____________________________________________
9. Have you been convicted within the last ten (10) years of any criminal offense other than minor traffic violations and other than an offense referenced in 9, above? ______
If the answer is yes, furnish complete details of all convictions including DATE, PLACE, CHARGE, and DISPOSITION. _________________________________________________
_______________________________________________
10. Are you a citizen of the United States? ______ Yes ______ No
If naturalized, set forth DATE, PLACE, and COURT. _______________
__________________________________________________________
11. Give the names and addresses of five (5) references. At least three (3) must reside or own a business within the corporate limits of the City of Smithville.
Name Address
1. ____________________________________________________
2. ___________________________________________________
3. _____________________________________________________
4. ______________________________________________________
5. ______________________________________________________
12. Do you hold a public office, whether appointed or elected? ______________
13. Are you a public employee, either national, state, county, or city? _____________
14. Furnish your full name, including any nickname or any other names by which you are or have been known. _________________________________________
__________________________________________
15. Date of Birth: ______________ Place of Birth: _________________
Social Security No.: _______________ Driver’s License No.: _______________
________________________________ _______________________
Signature of Applicant Home Street Address
________________________________ ________________________
City and Zip Code Home Phone No.
__________________________________ ________________________
Signature of Applicant Home Street Address
__________________________________ ______________________
City and Zip Code Home Phone No.
_________________________________ ______________________
Signature of Applicant Home Street Address
_________________________________ ________________________
City and Zip Code Home Phone No.
_________________________________ ________________________
Signature of Applicant Home Street Address
_________________________________ ________________________
City and Zip Code Home Phone No.
STATE OF TENNESSEE
COUNTY OF ________________
Before me, a Notary Public in and for the said state and county, personally appeared the above named applicant, with whom I am personally acquainted or proved identity on the basis of satisfactory evidence, the bargainor(s), and who acknowledged the execution of the foregoing instrument (Real Estate Lease) for the purposes therein contained.
Witness my hand and seal at ________________________________________, Tennessee on this __________ day of ____________________, 2015.
________________________________________
NOTARY PUBLIC
My Commission Expires:
_______________________
CITY OF SMITHVILLE
104 East Main Street
Smithville, TN 37166
(615) 597-4745
CERTIFICATE OF COMPLIANCE
RETAIL LIQUOR STORE
__________________________________________________________
Pursuant to Tennessee Code Annotated, Title 57, §§ 57-3-208 and 57-3-213, this is to certify that:
Name of Applicant: __________________________________________
Home Address: ______________________________________________
____________________________________________________________
(City) (State) (Zip)
Date of Birth: _________________________ SSN: ____________________
has made application for a Certificate of Compliance to sell retail alcoholic beverages in the City of Smithville, State of Tennessee, at ______________________________________
_______________________________________________
(Street Address of Liquor Store)
and that an investigation has been undertaken of the applicant’s criminal record and of the compliance of said business with local law, ordinances or resolutions, and from said investigation the undersigned certified:
1. That the applicant or applicants who are to be in actual charge of said business have not been convicted of a felony within a ten-year period, immediately preceding the date of the application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application, and further, that it is the undersigned’s opinion that the applicant will not violate any provisions of Tennessee Code Annotated, Title 57, Chapter 3;
2. That the applicant has secured a location which complies with all restrictions of the laws, ordinances and resolutions;
3. That the applicant has been a bona fide resident of the City of Smithville and/or Dekalb County for at least (2) years;
4. That the issuance of this license will not exceed the numerical limit.
This the ______ day of _____________________, 20___.
______________________________________
Mayor Jimmy Poss, City of Smithville
MAIL TO: Tennessee Alcoholic Beverage Commission
226 Capitol Boulevard Building, Suite #300
Nashville, Tennessee 37243-0755

A Dowelltown man who allegedly used a family member’s debit card on five occasions in November has been charged with five counts of fraudulent use of a debit or credit card.
31 year old Ryan Lee Walden of Dale Ridge Road is under a $17,500 bond. He was arrested on January 26.
Sheriff Patrick Ray said that Walden allegedly used the debit card of a family member at a local bank to withdraw $500 on November 8 & 9, and $200 on November 11. Two days later, on November 13, Walden allegedly used a family member’s debit card to purchase gas at a convenience store on South Congress Boulevard, Smithville in amounts of $40.03 and $28.00.
Sheriff Ray said these transactions occurred without the family member’s consent.
27 year old Philando Darnell Fullilove of Shady Lane, Alexandria is charged in a Grand Jury sealed indictment with two counts of sale and delivery of a schedule II drug. His bond is $60,000 and he will be arraigned in criminal court on February 3. He was arrested on January 30.
35 year old Aubrey Glenn Rigsby of Bethel Road, Smithville is cited for possession of drug paraphernalia and simple possession of a schedule VI drug (marijuana). Sheriff Ray said that a deputy stopped a vehicle which matched the description of one that left the scene of a fight. The driver, Rigsby was arrested on outstanding warrants unrelated to this incident. While searching the vehicle, the officer found a small pack which contained spoons, needles, and straws along with .035 ounces of marijuana.
34 year old Martha Conger Hale of Charity Street, Smithville is charged with driving under the influence. She was further cited because her vehicle had a headlight out and for violation of the implied consent law. Her bond is $1,500 and she will be in court March 26. Sheriff Ray said that on January 31 a deputy saw a black jeep driving on Sparta Highway with its headlight out. After stopping the vehicle, the officer spoke with the driver, Hale. Her eyes were bloodshot and she had an odor of alcohol coming from her person. Hale allegedly admitted to drinking during the day. Hale performed poorly on field sobriety tasks. She refused to submit to a blood test. Hale was placed under arrest.
22 year old Joseph Matthew Giles, II. of Jefferson Road, Smithville is charged with theft of property under $500. His bond is $2,500 and he will appear in court February 12. He was arrested on January 31. Sheriff Ray said that on Thursday, January 22 Giles allegedly took a PlayStation 2 and games valued at $435 from a residence on Jefferson Road and then tried to sell them through a McMinnville on-line yard sale site for $50. The victim reported that the PlayStation was a family gift that was to remain in the home.
33 year old James Travis Adams of Tims Ways Drive, Lebanon is charged with driving under the influence and three counts of reckless endangerment for having his three children in the vehicle with him. Adams was further issued a citation for driving on roadways laned for traffic. His bond is $6,000 and he will appear in court March 26. Sheriff Ray said that on Sunday, February 1 a deputy was patrolling in his cruiser when he saw a red Jeep approaching him in the opposite lane. The Jeep crossed the center line of the highway and almost hit the patrol car head on. The officer turned around, got behind the Jeep, and observed it cross the center line again several times. The deputy stopped the Jeep and spoke with the driver, Adams who had an odor of alcohol on his person. His speech was also slurred. Adams’ daughters ages 10 and 7, and his 6 year old son were passengers in the Jeep with him. Adams, who admitted to drinking, performed poorly on field sobriety tasks. He also submitted to a blood test and was placed under arrest. Adams was charged with three counts of reckless endangerment for having his children in the vehicle with him while he was under the influence, putting their lives in danger.
35 year old David Allen Sloan of Tramel Branch Road, Alexandria is charged with driving under the influence. He was further issued a citation for failure to maintain lane of travel and violation of the implied consent law. He will be in court February 26. Sheriff Ray said that on Sunday, February 1 a deputy was patrolling on Highway 70 east when he saw a black Nissan swerving in and out of its lane. The officer stopped the car and spoke with the driver, Sloan who had a strong odor of alcohol on his person. His eyes were bloodshot and his speech was slurred. Sloan performed poorly on field sobriety tasks. Sloan refused to submit to a blood test. He admitted to drinking and was placed under arrest.
35 year old Anthony Malcolm Sargent of Meridian Drive, Smithville is charged with possession of a handgun while under the influence. His bond is $1,500 and he will be in court February 26. Sheriff Ray said that on Monday, February 2 a deputy was dispatched to a residence on Meridian Drive due to a domestic disturbance. Upon arrival, the officer heard a voice coming from the tree line behind the home. The deputy checked and found Sargent sitting in the tree line. Sargent had a strong odor of alcohol on his person and he was staggering. The officer found an alcoholic beverage and a Raven Arms 25 caliber handgun where Sargent had been sitting. The gun was loaded with four rounds and one in the chamber. Sargent admitted to drinking and he was placed under arrest.

Members of the DeKalb County Fire Department recently partnered with Smithville Head Start to provide cleanup services to the playground.
Brent Reed, Wayne Johnson, Shawn Chausse, Mark Johnson, and Chris Mulford all volunteered their time to help with the Head Start’s playground.
They provided services such as raking of leaves, washing of equipment, filling of sand, painting of equipment as well as chopping up roots and filling any holes.

Northside Elementary School will be recommended for AdvancED reaccreditation by members of an external review team who visited the school Thursday and Friday, January 29-30.
“The External Review Team recommends to the AdvancED Accreditation Commission that Northside Elementary School earn the distinction of accreditation by AdvancED for a five year term that expires June 30, 2019,” said Dr. Alice Patterson, AdvancED Lead Evaluator who addressed members of the administration, faculty, and WJLE at Northside Elementary in an exit report meeting Friday afternoon.
But while the school drew praise for advancements, the team cited an improvement priority that must be addressed within two years. “You know you need additional resources for your students regarding mental and emotional health needs. You know this is an area in which you are not at a standard you want to be or should be, where students need to be. This will be what has to be reported to AdvancED and you will have two years to rectify this area for improvement,” said Dr. Patterson.
The AdvancED external review team, made up of five Middle Tennessee educators, met with eighty six stakeholders including administrators, teachers, parents, students, school board members, and others in conducting its two day evaluation. Northside Elementary was evaluated in three domains “Teaching and Learning Impact on Student Performance”, “Capacity of Leadership to guide and ensure effectiveness in carrying out the strategic direction of the institution”, and “Utilization of Resources”.
According to Dr. Patterson, the Index of Education Quality results for Northside Elementary School indicate that it is performing within acceptable ranges as compared to the expected criteria as well as with other institutions in the AdvancED Network nationally. ” We take the three domains and use all of our data and standards indicators to make the connection between what we found locally to a national ranking,” she said.
*Northside’s overall IEQ score was 284.62 compared to the AdvancED Network Average of 282.79 (All schools in the network nationally)
*Teaching and Learning Impact on student performance: Northside IEQ Score:285.71. AE Network Average 274.14
*Capacity of Leadership to guide and ensure effectiveness in carrying out the strategic direction of the institution. Northside IEQ Score: 292.73. AE Network 296.08.
*Resource Utilization: Northside Elementary Score: 268.57. AE Network Average 286.32.
While Northside Elementary’s score in Resource Utilization is below the national AdvancED network average, the school has two years to make improvements. “You have an improvement priority which will address that. When your review comes back that will have been addressed and that is going to bring that report up more to the national average. Improvement priorities must be addressed within two years,” said Dr. Patterson.
A written external report will be prepared and sent to the State AdvancED headquarters in Nashville and to the regional office in Atlanta for final action on the recommendation. It will be several weeks before Northside is informed of the decision on reaccreditation.
Dr. Gayle Redmon, Principal at Northside Elementary thanked Dr. Patterson and members of the external review committee as well as the Northside teachers and assistant principal Beth Pafford. “Dr. Patterson on behalf of Northside, our parents, and our community we would like to thank you so very much. You have been a fabulous team to work with and you are welcome to come and visit our school at any time. We appreciate you and the hard work you have done. I think we are a great school. I tell our teachers all the time that they are the hardest working bunch of people I’ve ever been around. But it is so nice to occasionally have someone come in and take a good look at us. And we’re so glad you think we are (a great school) too. I want to thank our parents for coming back today. We have two school board members here (Doug Stephens and Shaun Tubbs) and Dwayne Page from our radio station. We’re delighted to have him here as well. And teachers, as always, I can’t tell you how much I appreciate the hard work that you do. And I couldn’t do this without Ms. Pafford. She turns out more work than anybody I know,” said Dr. Redmon.
Members of the AdvancED External Review Team who visited Northside Elementary School Thursday and Friday, in addition to Lead Evaluator Dr. Alice Patterson were Sharon Anderson from Putnam County; Adelaide Nicholson, a Nashville School Principal; Craig Lynn, Principal at White County Middle School; and Scott Gaines, Assistant Director of Maury County Schools in Columbia. Dr. Patterson also serves on the faculty at Trevecca Nazarene University and the School of Education in Nashville.
The AdvancED Network was created as a result of a merger of the Southern Association of Colleges and Schools with the North Central Association of Colleges and Schools. “Several years ago SACS merged with North Central and created AdvancED which was the K-12 component for accreditation purposes. AdvancED is now a global leader in providing continuous improvement and accreditation services to over 32,000 institutions serving 20 million students worldwide. Our office is in Atlanta, Georgia serving this region. Our state office is in Nashville,” said Dr. Patterson.
DeKalb Middle, DeKalb West, and Smithville Elementary are also to be evaluated for reaccreditation this year. DCHS was reaccredited last year.
(PICTURED ABOVE: Beth Pafford, Shaun Tubbs, Dr. Gayle Redmon, Doug Stephens, Dr.Alice Patterson, Craig Lynn, Sharon Anderson, Scott Gaines, and Adelaide Nicholson)

At the January Chamber Board Meeting and Retreat, the Smithville-DeKalb County Chamber of Commerce Board elected their 2015 Executive Officers. Jeff Crips of Regions Bank is the 2015 Chamber President. Shan Burklow of DeKalb Community Hospital is the new Vice-President. Jane Brown of Middle Tennessee Natural Gas is the Chamber Treasurer. Joan Barrett of Premier Realty at Center Hill Lake will continue to serve as the Chamber Board Secretary. Julia Cantrell Vanderpool of Cumberland Insurance will serve as the Past President.
Five new Chamber Board Members have begun their 3-year term – Kathy Hendrixson, Justin Potter Library; Reed Vanderpool, Smithville Review; Shan Burklow, DeKalb Community Hospital and Smithville Fiddlers’ Jamboree & Crafts Festival; Gail Gentry, Appalachian Center for Craft; and Shannon Adkins, Calum Farms Décor. Beginning a 2-year term, Jane Brown of Middle Tennessee Natural Gas, will finish out a former board member’s term.
Other Chamber Board Members serving in 2015 include Sue Conley, DeKalb Community Hospital; Raul Ramirez, Federal Mogul; Sherry Harris, D&S Specialtees; Stein Prichard, Prichard Foods; Dwayne Cornelius, DeKalb Depot; Jason Murphy, Optimus Pest Solutions; Elaine Swicker, Smithville Computer Repair.
Chamber Director Suzanne Williams is very excited about working with this wonderful group of people and is looking forward to a great 2015!
The Chamber Director and Board would like to express appreciation to Leadership Director Jen Sherwood for facilitating the January Board Retreat, to DeKalb Community Hospital for sponsoring the January Meeting/Retreat and to NHC Healthcare and DeKalb Community Hospital for co-sponsoring the monthly Chamber Board Meetings by providing great meeting spaces and delicious lunches.
Pictured l-r
Front:
Jane Brown, Treasurer; Joan Barrett, Secretary
Back:
Shan Burklow, Vice-President; Jeff Crips, President; Julia Cantrell Vanderpool, Past President;

DeKalb County’s unemployment rate for December, 2014 was 6.1%, up from 6% in November but still below the 7% rate for December 2013.
The local labor force was 8,970. A total of 8,420 were employed and 550 were without work.
DeKalb County’s Jobless Rate for December was fifth lowest in the fourteen county Upper Cumberland region.
Here’s how they rank from highest to lowest:
Pickett: 12.5%
Van Buren: 9.5%
Clay: 9.3%
Cumberland:8.7%
White: 7.8%
Jackson:7.4%
Fentress: 7.1%
Overton:6.7%
Warren:6.5%
DeKalb: 6.1%
Putnam: 5.9%
Cannon:5.6%
Macon:5.1%
Smith:5.1%
County unemployment rates for December 2014 show the rate decreased in 20 counties, increased in 64 counties, and remained the same in 11 counties.
Knox County had the state’s lowest major metropolitan rate in December at 5.0 percent, down from 5.1 percent in November. Davidson County was 5.1 percent in December, down from 5.2 the previous month. The Hamilton County December rate was 6.4 percent, unchanged from November. Shelby County was 8.1 percent in December, also unchanged from the previous month. Tennessee’s preliminary unemployment rate for December was 6.6 percent, two-tenths of one percentage point lower than the November revised rate of 6.8 percent. The U.S. preliminary rate for December was 5.6 percent, also falling two-tenths of one percentage point from the prior month.
The state and national unemployment rates are seasonally adjusted while the county unemployment rates are not. Seasonal adjustment is a statistical technique that eliminates the influences of weather, holidays, the opening and closing of schools, and other recurring seasonal events from economic time series.