Local News Articles

Man Charged with Second Degree Murder in Stabbing Death of Girlfriend

February 5, 2015
by: 
Dwayne Page
Anthony (Tony) Tyrone Crews
Ashley Bain Found Stabbed to Death at her Home
Ashley Bain

A 28 year old woman was found stabbed to death in her home on Cookeville Highway Thursday afternoon and her boyfriend has been charged with killing her.

42 year old Anthony (Tony) Tyrone Crews was taken into custody Thursday night and charged with second degree murder in the death of Ashley Bain. He remains in the DeKalb County Jail under a $250,000 bond. He will be in General Sessions Court February 12.

Sheriff Patrick Ray told WJLE Thursday night that Bain's body was found lying on the floor of a bedroom at the home she and Crews shared at 3870 Cookeville Highway north of Smithville. She had been stabbed numerous times about the upper body. It's not known exactly how long Bain had been dead by the time authorities were notified but Sheriff Ray said she had been seen alive earlier in the day on Thursday. A knife, believed to have been the murder weapon, was found in the home.

According to Sheriff Ray, Crews called 911 at 2:33 p.m. to report that he had discovered Bain's body when he entered the residence. Sheriff Ray and members of the DeKalb County Sheriff's Department were alerted and quickly arrived on the scene. The TBI and District Attorney General's Office also joined the investigation. Sheriff Ray said authorities determined that Crews had committed the crime and made up the story about finding the body. Although officials believe they know the motive for the stabbing, Sheriff Ray said they are not releasing it at this time.

The warrant against Crews alleges that "on February 5th, 2015, at 3870 Cookeville Highway, Anthony Tyrone Crews did intentionally and knowingly kill Ashley Bain by stabbing her numerous times about the upper body".

Bain's body has been sent to Nashville for an autopsy.

Basketball Legends Honored at DCHS

February 5, 2015
by: 
Dwayne Page
Basketball Legends Honored at DCHS
Coach Harold Luna
Danny Foutch
Kevin James
Betty Carol Fite (unable to attend)
Mary Ann Puckett
Cynthia Woodward

Six basketball legends at DeKalb County High School were honored Thursday night between games as the Tigers and Lady Tigers hosted Cannon County.

Former Lady Tigers (Tigerette) Betty Carol Fite, Mary Ann Puckett, and Cynthia Woodward were recognized along with former Tigers Danny Foutch, Kevin James, and longtime Coach Harold Luna.

Each honoree stepped to center court during the introductions and stood beside current Tiger and Lady Tiger players who held banners bearing the names and jersey numbers of these former basketball stars as public address announcer Chris Vance cited their high school career accomplishments. Coach Luna's banner bears his overall 516-179 win loss record. Each standout was greeted by enthusiastic applause from a gym filled with basketball fans. But the greatest fan reception was for Coach Luna. Touched by the rousing applause and standing ovation, the long time coach became emotional during the tribute to his long and successful career.

The following is a brief narrative of each honoree's achievements at DCHS

Coach Harold Luna: Coached both boys and girls from 1964-69 and then he coached the boys program only through 1984. His total record was 516-179

Danny Foutch: (1974-78)
Foutch was All-District and All-Conference for three years, and as a senior in 1978, he was first team All-State, midstate Most Valuable Player, and led the state in scoring with a 31.4 points per game average, with a season high of 50 points. After high school, he went on to play four years at Belmont in Nashville.

Kevin James: (1976-80)
After averaging 23 points per game as a Junior and 20 points per game as a senior, Kevin James received many honors before his graduation in 1980. He was All-Conference, All-District, and All-Region as a Junior, and as a senior, he was a second team All-State selection and was first team Class AA All-Midstate. After high school, he continued his basketball career at Austin Peay State University in Clarksville.

Betty Carol Fite: (1961-1965)
During her illustrious career at DCHS she averaged 40.65 points per game and scored 3,481 career points as a high school player. She set a school record for 67 points in one game and held another record for most points in one quarter at 29. One season she scored 72 points more than the combined total of the Tigerette opponents. She made the All-Midstate Teams two years and was named Most Valuable Player in the mid-state as a senior in 1965. She also set two free throw records in the Tennessee State Playoffs.

Mary Ann Puckett: (1989-93)
She won the team's MVP Award for three years in a row from her sophomore to senior years. Puckett rewrote the DCHS record book for five on five style girls basketball with 2,375 career points and 1,408 rebounds. Also named Best Defensive Player and Best Athlete, Puckett's senior season statistics included 696 points (24 points per game), 393 rebounds (13.6 rebounds per game), 155 blocked shots and 77 steals. Puckett went to Duke University on a basketball scholarship and played for one season before transferring to Belmont University where she continued her basketball career which was cut short due to a medical condition.

Cynthia Woodward (2006-10)
During her high school basketball career, Woodward scored over 1100 points. Cynthia was named to the All District team in 2010; led her Lady Tigers to the program's first post season win in 17 seasons, and her team advanced to the regional semi-finals in Cynthia's senior season. After graduation, she began her collegiate basketball career at Freed Hardeman where during her senior season at one point she led the nation in 3-point percentage and helped guide Freed to an NAIA National Championship game.

Habitat For Humanity has Annual Meeting, Elects New Officers

February 5, 2015
by: 
Michael Barry
Evan Reid, Vice-President; Chad Driver, President ;Michael Barry, Secretary; and Larry Steffee, Treasurer.
Habitat for Humanity of DeKalb County Board Members

Habitat for Humanity of DeKalb County recently held its annual meeting. In addition to a regular agenda which included the highlights of 2014, outgoing President Larry Green presided over the election of the officers and board of directors for 2015.

Those elected as officers for the upcoming year include: Chad Driver, President; Evan Reid, Vice-President; Michael Barry, Secretary; and Larry Steffee, Treasurer. They will be joined on the board of directors by Marie Blair, John Carpenter, Brandon Cox, Glenda Davis, Jim Eddings, Rhonda Harpole, Gayla Hendrix, Gary Johnson, Mary Nell Summers, Becky Thompson, and Cindy Webb.

Habitat for Humanity is a nonprofit, Christian housing ministry which builds and repairs houses all over the world using volunteer labor and donations. Partner families purchase these houses through no-profit mortgage loans or innovative financing methods. Habitat has constructed five homes in DeKalb County and is currently raising funds for its next project. If you would like to assist with fundraising efforts or donations, please contact a board member.

Smithville Fire Department Officers Named for 2015

February 4, 2015
by: 
Dwayne Page
Members of Smithville Fire Department

The Aldermen Monday night approved the list of officers and members of the Smithville Volunteer Fire Department for 2015.

Officers for the year are unchanged with Charles Parker to continue serving as Chief. Hoyte Hale is Deputy Chief, Jeff Wright is Captain, and Danny Poss, John Poss, and Donnie Cantrell are each Lieutenants.

Other members of the department are firefighters: William Brown, Wallace Caldwell, Gary Johnson, James R. Hunt, Stephanie Wright, Glen Lattimore, Cory Killian, Kevin Adcock, Patrick Edge, Becky Atnip, Bradley Johnson, C.J. Tramel, Photographer Greg Bess, Rookies Tyler Ludwig, Cody Fults, and Dalton Roberts, and Auxiliary Shawn Jacobs.

Chief Parker informed the Mayor and Aldermen that the process for selecting officers is being changed within the department from popular vote to being based on credentials and performance. "It will be based on years of service, amount of training, and other minimum requirements. We also evaluate on their attendance and performance," said Chief Parker.

Thomas Gets Fourteen Year Prison Sentence

February 3, 2015
by: 
Dwayne Page
Brandon Keith Thomas

A 29 year old man charged in a meth case last September received a fourteen year prison sentence in DeKalb County Criminal Court Tuesday.

Judge Gary McKenzie presided.

Brandon Keith Thomas of Sparta Highway, Smithville pled guilty to initiation of a process to manufacture methamphetamine and two violations of probation. He received an eight year sentence to serve in the meth case to run concurrently with an eight year sentence for one of the violations of probation. But the eight year term is to run consecutively with a six year sentence for the other violation of probation putting the total sentence at fourteen years. He was given 136 days of jail credit.

Thomas was one of three people involved in the case. Both he and 40 year old Shawn Renee Gibson of McMinnville were each charged with initiation of a process to manufacture methamphetamine. Thomas' mother, 54 year old Sharon Renee Thomas of Sparta Highway Smithville was charged with promotion of the manufacture of meth. The cases against both Gibson and Sharon Thomas remain pending in court.

Sheriff Patrick Ray said that on Saturday, September 20, 2014 a deputy received a tip of a possible meth lab at a residence on the Sparta Highway. Upon arrival, the deputy found the back door open and he saw Brandon Thomas inside shaking a bottle. Gibson was sitting on a bed in the room watching Thomas. The officer watched for several minutes until someone inside closed the door. The deputy then approached the home, knocked on the door, and heard a man inside say "it's the cops". When the back door was opened the deputy saw Brandon running out the front door. The officer called for Thomas to stop but he did not. The deputy went after Thomas and caught him in the front yard. Thomas admitted that everything in the house belonged to him and he gave consent for the officer to search. Inside Thomas and Gibson's room, the deputy found draino, cold packs, Coleman fuel, muriatic acid, tubing and tubing with a bottle cap, coffee filters, an electric grinder, empty Claritin-D blister packs, a plastic bottle with muriatic acid, pliers, wire cutters, and digital scales.

Thomas then led the officer outside and showed him where he had disposed of a one pot cook bottle. Thomas confessed to manufacturing meth and he was placed under arrest. Gibson was also taken into custody. After being read her rights, Gibson allegedly admitted to knowing that meth was being made in the residence and participating by shaking the one pot cook bottle. In addition to the meth charge, Gibson was further issued a citation for simple possession and possession of drug paraphernalia after she was found with two valiums, two hypodermic needles, and a half ounce of marijuana.

After her son was arrested, Sharon Thomas was brought to the sheriff's department for questioning where she admitted to purchasing Pseudoephedrine on three occasions for the purpose of her son being able to manufacture meth. She was then placed under arrest.

Meanwhile in a separate case, 24 year old Christopher Prince pled guilty to sale of a schedule II drug and received a three year sentence, suspended to supervised probation. He was fined $2,000. He is seeking judicial diversion if eligible. Prince was charged in a grand jury indictment as the result of an undercover drug investigation by the DeKalb County Sheriff's Department.

Election Commission Wins Another Round In Federal Lawsuit

February 3, 2015
by: 
Dwayne Page
 John Harris, III,

A three judge panel of the U.S. 6th Circuit Court of Appeals has upheld a federal judge's dismissal of a lawsuit on the trial court level against the DeKalb County Election Commission and several others in Tennessee brought in 2009 by former administrators of elections who claim they did not get to keep their jobs for political reasons.

Nashville Attorney John Harris, III, who represents the DeKalb County Election Commission in this case, told WJLE Monday that this is good news for the election commission. "Last week, we received an opinion from the 6th Circuit Court of Appeals affirming the federal trial court's initial decision that a Tennessee Administrator of Elections at the county election commission level is a position that can be terminated or even hired based upon political party affiliation. The significance of that is it means that if the plaintiffs in the case were correct in alleging that in 2009 they were terminated or not rehired because of their affiliation with the Democratic party, the 6th Circuit and the federal court hearing the case have now said that's okay because the positions (administrators of elections) are political enough in nature that it is reasonable for the election commissions to consider party affiliation in making their employment decisions," said Harris.

Former DeKalb County Election Administrator Lisa Peterson and other former administrators filed the lawsuit in July 2009 against the defendant county election commissions, claiming that their First and Fourteenth Amendment rights were violated when they were removed from their jobs because of their actual, or perceived, political party association. The former administrators asked the court to order their reinstatement, or in the alternative, order that they receive front pay for a reasonable amount of time. They wanted full back pay and a judgment for compensatory damages and punitive damages and an award for reasonable attorneys fees. Locally, the lawsuit named as defendants the three Republicans on the DeKalb County Election Commission James Dean, Walteen Parker, and Barbara Vanatta.

In February 2014, U.S. District Judge Kevin H. Sharp dismissed the case in favor of the election commissioners. The plaintiffs then appealed the case to the 6th Circuit Court of Appeals as to whether the federal court's ruling that the position of administrator of elections is a job under Tennessee law that has sufficient political significance that the individuals holding that position can be selected or deselected or fired based upon their party affiliation.

According to Harris, the plaintiffs are now basically left with two options should they want to pursue the case. They could ask for a review by the entire body of the 6th Circuit Court of Appeals or file an appeal to the U.S Supreme Court seeking to overturn the federal court's ruling that the position of Administrator of Elections is subject to political patronage. "The plaintiffs could now ask that the entire 6th Circuit reconsider the decision. That's called an "ENBANC" request and it is discretionary. It has to be enough of the panel who think the three judges who decided the case made an error that they would want to reopen that can of worms so to speak. Alternatively, the plaintiffs could ask the United States Supreme Court to reconsider this ruling and take it up as a case in the court's discretion. Again, it may be a situation where although that right technically exists there just may not be enough interest in it nationally to pursue it. But one of those (options) would have to occur within the next sixty days," said Harris.

"Collateral Circulation" makes it's debut by Dr. Barbara Ebel

February 3, 2015
Collateral Circulation: a Medical Mystery - makes its debut!
Dr. Barbara Ebel

From the credible medical fiction DeKalb County writer, Dr. Barbara Ebel, the third Dr. Danny Tilson novel – Collateral Circulation: a Medical Mystery - makes its debut!

Tennessee neurosurgeon, Danny Tilson, is again mixed up in a baffling mystery that may be too good to be true, especially since it involves the enhanced development of the human brain. Wouldn’t exceptional IQs, coordination, eyesight and a host of other improvements benefit all of humanity? Danny thinks so but why is he skeptical after more and more patients are diagnosed with increased brain vasculature and advanced mental faculties?

“Besides Dr. Tilson’s focused attention on his surprising neurosurgical patients,” Ebel mentions, “his life continues to be plagued by Rachel, the mother of one of his children from an extra-marital affair. This time, she also plays a crucial role in the ongoing medical puzzle. None of the series’ novels are complete without her and this time both Rachel’s and Danny’s character development goes deeper than ever.”

The Midwest Book Review states: “This third addition to the Danny Tilson medical mystery series won't disappoint either old fans or newcomers who love medical intrigue a la Robin Cook and the best medical writers in the genre. Perhaps that's because it comes from the seasoned hand of a physician who is steeped in the world of medical description and events and whose professional pen thus effortlessly describes such scenarios.

"Contemporary and wide-ranging in scope, Collateral Circulation provides yet another powerful Danny Tilson medical mystery/thriller; and while it stands firmly alone and requires no prior introduction to its predecessors in order to prove satisfying, it's safe to say newcomers will want to go back to the other books in the series for further character insights and adventure.”

Doctor Barbara’s Danny Tilson novels can each stand-alone but are best enjoyed by reading them in succession. Book One is Operation Neurosurgeon and Book Two is Silent Fear, a Medical Mystery. It has been by popular demand and rankings that she continues with her vivid characters and sequels. Silent Fear has received a stipend to become an audio book as well.

Barbara Ebel’s series takes place in Tennessee, where she lives in a protected wildlife corridor with her husband and pets. She has also written and illustrated a children’s book series about her therapy dog titled Chester the Chesapeake, another novel – Outcome, a Novel – and a health book, Younger Next Decade.

"Collateral Circulation" can be found as an eBook on Amazon.com, B&N Nook, KOBO and most online retailers. It is also a paperback on Amazon.com and will be available like her other books on Overdrive, etc. for major libraries.

Please visit the author and her books, links, reviews, awards and videos at: http://barbaraebel.weebly.com.

Liquor Ordinance Adopted on First Reading

February 2, 2015
by: 
Dwayne Page
Alderman Jason Murphy and Mayor Jimmy Poss(Older Photo)
Aldermen Shawn Jacobs and Josh Miller (Older Photo)
Aldermen Danny Washer and Gayla Hendrix (Older Photo)

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

Walden Charged with Fraudulent Use of Debit Card

February 2, 2015
by: 
Dwayne Page
Ryan Lee Walden
Philando Darnell Fullilove
Martha Conger Hale
Joseph Matthew Giles, II
James Travis Adams
David Allen Sloan
Anthony Malcolm Sargent

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.

DeKalb Fire Dept Partners with Head Start to Cleanup Playground

February 2, 2015
by: 
Dwayne Page
DeKalb Fire Dept Partners with Head Start to Cleanup Playground

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.

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