Downtown Property Owner Has Issues with City Beer Ordinance

October 18, 2022
By: Dwayne Page

A downtown property owner is taking issue with the City of Smithville’s Beer Ordinance.

Todd Cantrell, who owns a building at 119 West Market Street, said the ordinance, as it stands does not permit him to be granted a city beer permit because the location is within 400 feet of a church. The problem, according to Cantrell, is that the city has granted beer permits to others in the past which are in violation of the existing beer ordinance including as it relates to places of public gatherings.

City Attorney Vester Parsley said he is unaware of any illegally issued permits under the existing beer ordinance, which has been on the books since 2004.

Cantrell got the idea of possibly opening a small restaurant and serving beer after a tenant in his building downtown recently decided to move to another location on the public square.

“After he (tenant) moved out I began thinking I would like to put in some type of short order restaurant and maybe serve burgers, fries, etc and potentially sell beer. Its not a major point but if we are going to have other people selling beer downtown then I would like to be able to compete with those businesses,” said Cantrell.

Cantrell claims its not fair for people to be held to different standards and he is asking that the city fix the problem by either possibly revoking beer permits granted illegally or removing the 400 foot distance requirement from the ordinance.

“It seems to me there are some violations of this 400 foot rule that need to be addressed or they (city) need to eliminate that 400 foot rule for everybody and not show favoritism to certain groups. As long as its fair for everybody, I think everybody should be under the same set of rules and be able to have the same opportunities and if there have been some violations they at least need to investigate and find out what happened, where it happened, how it happened, and who has allowed this to happen and hold somebody accountable to make sure something like this doesn’t happen again,” said Cantrell.

City Attorney Parsley said no beer permit holder has been given preferential treatment by the city.

“All of those who have been issued beer permits actually have complied with the 400 foot rule. I don’t know of any favoritism shown to anyone. Our current ordinance #361 sets out that there would be a 400 foot restriction between (businesses permitted to sell beer) and schools, churches, and public gatherings and to my knowledge all of those beer permits are in compliance with that,” said Parsley.

Last month the Smithville Aldermen adopted a new beer ordinance on first reading which mostly mirrors the existing ordinance but includes a new Tennessee Responsible Vendors Act provision. However, another wording change in the proposed new ordinance from the existing one which adds “residence” to the 400 foot distance requirement has raised some concern.

City Attorney Parsley said the word “residence” was added inadvertently and that the aldermen will most likely eliminate it from the new ordinance before final passage.

Under the new ordinance, the language states that “In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within 400 feet of any school, residence, church, or other place of public gathering. The distance requirement shall be measured in a straight line from the primary entrance of the establishment seeking a permit to sell beer to the primary entrance of the school, church, or other place of public gathering.”

The existing ordinance #361 does not mention the term “residence” and states that “No permit authorizing the sale of beer will be issued when 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 permit be issued authorizing the storage, sale, or manufacture of beer at places within four hundred (400) feet of any school, church, or other such place of public gathering.

The term “place of public gathering” as used herein shall include, but not be limited to, all such places as defined by applicable state law. Further, such definition shall include any and all public buildings, whether such public buildings are owned by a governmental entity or agency or leased by a governmental entity or agency, a church, or school. The distance requirement contained herein shall be measured in a straight line from the primary entrance of the establishment seeking a permit to sell beer to the primary entrance of the school, church, or other place of public gathering”.

Cantrell believes the term “place of public gathering” as defined in the ordinance is intended to include playgrounds, church annex buildings such as life enrichment centers, street festivals, government offices and other public facilities including those that operate under grant programs, among other locations. Cantrell also wants to know what determines a “primary entrance” of a place of public gathering. “Is it where the mailbox is located or where the greatest number of people enter,” asked Cantrell.

Six years ago Smithville voters approved a “Liquor by the Drink” referendum which now allows restaurants who qualify and are licensed by the Tennessee Alcoholic Beverage Commission to serve wine and liquor on the premises. Unlike city beer permits which are granted by the city beer board, no distance requirement applies to the issuance of a liquor license. The Alcoholic Beverage Commission is the entity that issues the permits for the sale of wine and liquor and the City has no control of establishing any distance requirements

Cantrell said it is unfair and makes no sense that someone like him could possibly qualify for a liquor license from the state without having to meet a distance requirement yet be denied a beer permit from the city for not meeting the standard.

“If we are going to be having liquor by the drink and wine in the downtown square area I find it interesting that they are making it harder for people to be able to serve something that is much milder like beer,” said Cantrell.

The Smithville Mayor and Aldermen are scheduled to revisit the proposed new beer ordinance and possibly act on second and final reading during a special called meeting following a public hearing on Thursday October 27 at 6 p.m. at city hall.

October 18, 2022
By: Dwayne Page

A man pulled over for a traffic offense last week was found to be a convicted felon and illegally in possession of a handgun.

40-year-old Joshua Leslie Johnson of Hendrixson Road, Smithville is charged with unlawful possession of a weapon. He was also cited for possession of drug paraphernalia, driving on roadways laned for travel, and driving on a revoked license. His bond is $25,000 and he will be in court October 27.

Sheriff Patrick Ray said that on October 14 a deputy stopped a silver Dodge Avenger and spoke with the driver, Johnson who gave the officer permission to search the vehicle. Found under the driver’s seat was a Lorcin L25 .25 caliber handgun with an inserted magazine containing five rounds of ammunition. The officer also found in the driver side door a box of 25 caliber ammunition containing 10 rounds. Johnson has three felony convictions including one on July 11, 2016 in White County for reckless endangerment involving a deadly weapon.

56-year-old Paul Green Cantrell of Old Blue Springs Road, Smithville is charged with possession of methamphetamine with intent to manufacture, sell, or deliver. He was also cited for simple possession of a schedule III drug and possession of drug paraphernalia. His bond is $10,000 and he will make a court appearance October 27.

Sheriff Ray said that on October 14 a deputy was dispatched to Shiny Rock Market to conduct a welfare check on a man asleep in a parked mini van. Upon arrival the officer found Cantrell asleep in the driver seat. The deputy awoke Cantrell and asked him to step out of the mini van after spotting drug paraphernalia (a glass pipe with white residue) in the driver side floorboard. Found on Cantrell in a cigarette pack were two clear baggies which contained a crystal-like substance believed to be methamphetamine. The total weight of the substance was 2.49 grams. The officer also recovered from the console four and a quarter round peach-colored pills believed to be suboxone.

31-year-old Meghan Denise Asnes of Murfreesboro is charged with aggravated criminal trespassing and vandalism over $1,000. Her bond is $8,000 and she will be in court October 27.

Sheriff Ray said that on October 14 a deputy was summoned to Resource Drive (Corps of Engineers Residence) due to a break-in where a window door had been broken and an intruder had entered but left. Damage to the residence was determined to be greater than $1,000. While investigating, the officer learned that someone had given a woman (Asnes) a ride from the area earlier that morning and dropped her off at a lake ramp near the dam. After learning of the break-in, the person who gave Asnes a ride reported it to the officer, and he found her at the ramp. Video surveillance revealed that Asnes had been at the Corps residence and committed the vandalism the night before.

40-year-old Tommy Jerome Bates of Foster Road is charged with evading arrest and public intoxication. His bond is $4,500 and he will be in court October 27.

Sheriff Ray said that on October 5 a deputy spotted a man walking in the middle of the road on West Broad Street near Anthony Avenue. He stopped and confronted the man, Bates who held a 25-ounce Natty Daddy, but Bates took off running as the officer tried to place him under arrest. The deputy gave chase on foot and deployed and used his taser on Bates who was then taken into custody.

29-year-old Marco Antonio Granados-Mendez of Cecil Hale Road is charged with domestic assault. His bond is $3,500 and he will be in court October 27.

Sheriff Ray said that on October 9 a deputy was summoned to a Cecil Hale Road residence due to a domestic between a boyfriend and girlfriend. Upon arrival the officer learned that after Mendez and the woman had gotten into an argument, Mendez went outside and then re-entered kicking in the front door. He then went into the kitchen and kept the woman from leaving the home. According to the warrant, Mendez intentionally placed the woman and her two children in a situation where they were in imminent danger of bodily harm.

64-year-old Duane Lee Watson of James Place, Smithville is charged with a second offense of driving under the influence. His bond is $3,000 and he will make a court appearance November 3.

Sheriff Ray said that on October 12 a deputy was summoned to Lakeview Drive due to a report of a motor vehicle accident on private property. Upon arrival the officer found a silver Chevy pickup in a field. The driver, Watson was unsteady on his feet and had a strong odor of alcohol on his person. Watson was unable to perform field sobriety tasks due to his level of intoxication. Watson admitted to having consumed alcohol and confessed that he was too drunk to drive. He also had in his possession a pack of Natural Ice alcohol drinks and some open containers.

48-year-old Ginger Elaine Moore of Cookeville Highway, Smithville is charged with violation of an order of protection. Her bond is $8,000 and she will be in court November 10.

Sheriff Ray said that on September 28 a deputy responded to a residence on Cookeville Highway due to an unwanted guest. Upon the officer’s arrival, he spoke with Moore. A background check through NCIC revealed that Moore was a respondent in an active no contact order of protection. The petitioner of the order resides at this location and Moore was there in violation of the order.

42-year-old Abigail Vogel of South College Street, Dowelltown is charged with public intoxication. Her bond is $500.

Sheriff Ray said that on September 30 a deputy spotted a woman walking on West Broad Street. She was unsteady on her feet, staggering on the sidewalk, and in danger of being hit by traffic. He stopped and confronted the woman, Vogel at the Discount Tobacco Outlet. She had a strong odor of alcohol on her person and was placed under arrest.

As WJLE first reported on October 4, a man who allegedly broke into four vehicles and tried to steal a 2012 Bobcat T-750 and Caterpillar bucket from the car lot of Gill Automotive on East Broad Street has been charged with four counts of burglary and one count of theft of property over $1,000. He is also charged with violation of an order of protection in a separate case.

53-year-old Burnette Bernie Jones of 600 East Broad Street, Smithville will be in General Sessions Court on the charges November 15. His bond on these charges totals $150,000.

The incident occurred Sunday, October 2.

According to the complaint, Jones was observed on the auto dealer’s surveillance camera entering and driving a 2012 Bobcat T-750 in the back of the business. Jones was also observed trying to strap down a Caterpillar bucket to the 2012 Bobcat T-750. The total value of the 2012 Bobcat T-750 and Caterpillar bucket is $54,500.

While at the same business, Jones allegedly broke into a 2004 Black Nissan Maxima, a 2014 Black Chevrolet Silverado, a 2003 Red Chevrolet Tahoe, and 2008 Black Chrysler Sebring all parked at the car lot with the intent to deprive the owners of their belongings within these vehicles.

Meanwhile in the case of the order of protection violation, the complaint states that “on October 2 at about 1:45 p.m. Jones did go to the hotel room of the protected party and beat his fist on her door yelling and placing her in fear. There were several witnesses to this incident. Furthermore, Jones had also had several incidents of indirect communication with this woman prior to this incident. Jones was arrested and booked into the DeKalb County Jail for violation of an order of protection.

October 17, 2022
By:

Who makes the best chili in DeKalb County? Find out on Friday, October 28th when Habitat for Humanity of DeKalb County hosts the 18th Annual Chili Cook-off and Bake Sale.

Chili will be served from 10:30 a.m. to 1:00 p.m. on the DeKalb Courthouse Lawn. In case of rain, the event will be moved to the DeKalb County Complex Auditorium. For a cash donation, eat all the chili you want and vote for your favorite chili and the best decorated booth. Commemorative ceramic mugs will be available for $25, and include chili and a drink. Delicious baked goods prepared by members of local churches will also be for sale. Take out is also available.

“We are looking forward to another great day of good food and fellowship at the Chili Cook-off,” said Alex Woodward, president of Habitat for Humanity of DeKalb County. “The proceeds from the event will be used toward building another Habitat house with a DeKalb County family, so we hope everyone will come out and eat lots of chili for a great cause!”

19 teams will be competing in the Chili Cook-off this year: “Top Gunners” from Amvets Post 101; “DCHS Biting Tigers” from DCHS FCCLA; “DeKalb Democrats” from the DeKalb County Democratic Party; “Great Bowls of Fire” from the DeKalb County Fire Department; “Dr. Crow’s Chili Shots” from DeKalb County Health Department; “The Courthouse Gang” from DeKalb County Officials; “Spot On Chili” from DeKalb Market; “Chil…i To the Bone” from DeKalb Prevention Coalition; “Snatched from the Fire” from First Baptist Church; “First Finest Chili” from FirstBank; “Blazin Broncos” from Galaxy Ford; “The Loan Rangers” from Liberty State Bank; “Marines” from Marine Corps League DeKalb VSO; “MTNG – Out of This World Chili” from Middle Tennessee Natural Gas; Smithville Electric System; State Farm, Mallory Pfingstler; “Legal Limit Spice” from the office of Tecia Puckett Pryor, Attorney-at-Law/Center Hill Title, LLC; “Tennessee ‘Meats’ Texas” from WY Forge Co; and “Hot Checks Chili” from Wilson Bank and Trust.

In 2021, “The Courthouse Gang” made a clean sweep with Top Chili Honors and Best Decorated Booth Awards. The DeKalb County Officials also earned the Golden Spoon Award by raising an additional $230.00 for Habitat in cash donations at their booth. A total of $5,500 was raised during the event.

Habitat for Humanity of DeKalb County is a locally run affiliate of Habitat for Humanity International, a nonprofit, ecumenical Christian housing organization. Habitat for Humanity builds and renovates houses in partnership with volunteers and families in need, regardless of their ethnic or religious background. The houses then are sold to those in need at no profit and with no interest charged.

For more information on the Chili Cook-off and Bake Sale, contact Tecia Pryor at 615-597-7370.

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