October 3, 2022
By: Dwayne Page
The Smithville Mayor and Aldermen Monday night paid tribute to a long-time member of the planning commission and board of zoning appeals who passed away in August.
Mayor Josh Miller presented a plaque to Jackie Smith, wife of Wade Smith, Jr.
The plaque reads as follows: “The City of Smithville honors the family of the late Wade Smith, Jr. He served the City of Smithville faithfully for many years serving on the Planning Commission and the Board of Zoning Appeals. His dedication to the city will never be forgotten. Presented this 3rd Day of October, 2022”.
In other business the aldermen approved the promotions of four long time city firefighters upon the recommendation of Chief Charlie Parker including Captain Jeff Wright to Assistant Fire Chief, and Lieutenants John Poss, Donnie Cantrell, and Danny Poss to the rank of Captain. Hoyte Hale will continue serving as Deputy Chief. These firefighters remain volunteers.
“These promotions are reflective of the leadership jobs these men have been doing, and this reclassification is to reflect that. Their promotions will be effective October 1, 2022,” said Chief Parker.
The board adopted a resolution authorizing the Upper Cumberland Development District to apply for Tennessee Department of Environment and Conservation American Rescue Plan Act funds up to $1,336,999 for sewer system infrastructure improvements. The city’s local match would be 15% or $238,110. The application must be submitted by November 1.
The aldermen also voted to rename Walnut Alley downtown in honor of Country Music Star John Anderson, a longtime resident of Smithville. The alley will become known now as John Anderson Alley. Signage will soon be posted there to reflect it.
Mayor Miller also updated the aldermen on upcoming events downtown Smithville including the Pumpkin Festival October 22 from 9-4; October 28 the Habitat for Humanity Chili Cook-Off and Bake Sale from 10:30 a.m. until 1 p.m.; and October 31 the Boo Bash from noon until 5 p.m.
The aldermen voted to table a public hearing and second reading action on a new beer ordinance after some questions have surfaced that might require a legal response from City Attorney Vester Parsley, who could not attend the meeting Monday night.
The proposed new ordinance, which was adopted on first reading last month, would re-establish the terms for regulating the sale of beer for off-premises consumption in Smithville.
Ordinance (City of Smithville)
Many provisions in the new ordinance mirror existing regulations such as the 400 feet distance requirement between a business permitted to sell beer and a place of public gathering. Perhaps the biggest change is the implementation of the Tennessee Responsible Vendors Act, which was adopted by the state in 2006 that municipalities may also enact as part of city regulations for vendors permitted to sell beer.
To become compliant with this Act each vendor employee must complete a Responsible Vendor-training program. Once a person, corporation, or other entity has been issued a permit to sell beer for off-premises consumption by the city and has received certification by the Tennessee Alcoholic Beverage Commission under the Tennessee Responsible Vendor Act, penalties for violations would be less severe than for those who don’t obtain the training and certification.
According to the proposed new ordinance, the Smithville Beer Board may impose on a Responsible Vendor a civil penalty not to exceed $1,000 for each offense of making or permitting to be made any sales to minors or for any other offense. Under state law, the beer board shall not revoke or suspend the permit of a Responsible Vendor for a store clerk’s illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk’s original certification unless his Certified Responsible Vendor status has been revoked by the Tennessee Alcoholic Beverage Commission. However, the city must report the violation to the Tennessee Alcoholic Beverage Commission.
“If the beer board determines that a clerk of an off-premises beer permit holder certified by the state sold beer to a minor, the beer board shall report the name of the clerk to the Tennessee Alcoholic Beverage Commission within 15 days of determination of the sale. The certification of the clerk shall be invalid, and the clerk may not reapply for a new certificate for a period of one year from the date of the beer board’s determination,” according to the proposed new ordinance.
Nonparticipating clerks and businesses as Responsible Vendors could face license suspension or revocation or a civil penalty not to exceed $2,500 for illegal sales to minors.
Under the proposed new ordinance, “The beer board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a Responsible Vendor the alternative of paying a civil penalty not to exceed $2,500 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000 for any other offense”.
“If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn”.