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.