City voters will decide on November 4 whether they want liquor stores in the City of Smithville.
The Retail Package Store Referendum asks city voters to either vote "To permit retail package stores to sell beverages in Smithville" or "not to permit retail package stores to sell alcoholic beverages in Smithville".
The City of Smithville has a beer board that issues permits to eligible applicants for the sale of beer within the city limits. While the Tennessee Alcoholic Beverage Commission has the authority over the issuance of liquor licenses, the City of Smithville would still have a role to play. According to officials of the Tennessee Alcoholic Beverage Commission, if the referendum were to be approved by the voters, the City of Smithville would have to adopt Certificate of Compliance regulations. The city also has the authority to limit the number of liquor stores. For example, Gallatin's Municipal Code allows one liquor store for each 4,000 residents. Hendersonville currently allows one liquor store per 12,000 residents, one of the most restrictive in the state. State law prohibits governmental subdivisions from being unreasonably restrictive.
If the city approves an applicant's certificate of compliance to operate a retail liquor store, then the process moves to the Tennessee ABC Commission for a final decision.
The Tennessee ABC Commission requires applicants to meet the following conditions:
*Fill out an application form
*Fill out a questionaire: Owners, partners, officers, managers and/or any person who owns five percent (5%) or more in the corporation or the business, should complete these forms
*Certificate of Compliance: The Certificate of Compliance may be obtained from the local municipality Mayor's office. Please contact the local Mayor's office in the jurisdiction in which the store will be located for additional information.
*Certificate of Occupancy: The Certificate of Occupancy is issued by the local municipality's Codes Department. Please contact the local Codes Department in the jurisdiction in which the store will be located for additional information.
*Proof of Possession : A copy of the lease must be furnished to this office. Along with the lease, a copy of the Deed (registered with the Registrar of Deed's Office) must be furnished also. If the application is for a change of ownership, a copy of the Bill of Sale or Purchase Agreement must be provided.
*Charter from the State of Tennessee: (This document is required only if the applicant is a corporation, a limited liability company (LLC) or a formal partnership). A copy of the Tennessee charter must be furnished to this office and it may be obtained from the Tennessee Secretary of State's Office, 6th Floor, William Snodgrass Building, 7th Avenue North between Charlotte Avenue and Union Avenue, Nashville, Tennessee, telephone (615) 741-2286.
*List of Officers and or owners of corporations: A separate list of officers (with their titles) and owners with five percent (5%) or more of ownership, indicating amount of percentage of ownership, must be furnished with the application. Please use form AB-0099.
*Waiver of any right to an administrative hearing by applicant
*Tennessee Sales Tax Number
*Copy of Newspaper Notice and Sworn Statement Regarding the Publication: Prior to the Certificate of Compliance hearing date, a newspaper notice must be published in the local newspaper for three (3) consecutive issues. Further, an affidavit from the local newspaper should be provided verifying publication.
*An inspection will be conducted by a TABC agent after the application has been reviewed by the local TABC office.
*Financial Background Check of Applicant
*Credit Check from Banking/Lending Institution
*Employee Permits: All employees must obtain an employee permit card. See Retail Employee permit (blue card) information.