A local man has become the first to make application to the city for a certificate of compliance to obtain a retail liquor license.
Jim Smith of 275 Gene Vaughn Road has taken the first step in the process required under the city's new liquor ordinance for a license, which ultimately must be approved by the Tennessee Alcoholic Beverage Commission. Smith, who intends to be the sole proprietor, plans to open a liquor store at 413 East Broad Street under the name "Smithville Discount Wine & Spirits". The building is currently the location for Clair's Consignment. Smith is the owner of National Sheet Metal Machine, Incorporated in Morrison.
According to the regulations under the city's liquor ordinance, applications for a certificate of compliance are to be referred to the Smithville Police Department for investigation and to the city attorney for a review (background check), who have up to thirty days to report their findings to the Board of Mayor and Aldermen. Once an applicant receives a certificate of compliance from the city, he must then send it to the Tennessee Alcoholic Beverage Commission as part of the state requirements in making application for a liquor license.
Smith's application for a certificate of compliance, which was received by the city on April 3, is to be considered by the Mayor and Board of Aldermen at the next regular meeting on Monday, May 4 at 6:00 p.m. at city hall.
All persons wishing to be heard on the certificate of compliance may personally or through counsel appear or submit their views in writing to the City of Smithville at 104 East Main Street, Smithville Tennessee 37166.
The Tennessee Alcoholic Beverage Commission will consider the application at a later date to be set by the TABC in Nashville. Interested persons may personally or through counsel submit their views in writing by the hearing date to be scheduled by the TABAC
Other conditions set forth in the city liquor ordinance before a certificate of compliance can 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 may be issued a certificate.
There is 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 may only be operated in locations zoned for that purpose.
No store may 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 are 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 are permitted for consumption on the premises.
No radios, amusement devices, or seating facilities are allowed
In no event may 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 must 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.