The Smithville Board of Mayor and Aldermen had several issues to discuss at their October 3 meeting, including American Rescue Act funs and honoring a local celebrity by renaming an alley in his honor.
During the meeting, the board authorized 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. Smithville’s local match would be 15 percent or $238,110. The application must be submitted by November 1.
The board also voted to rename Smithville’s Walnut Alley in honor of Country Music Star John Anderson, a longtime resident of Smithville. The alley will now be known as John Anderson Alley.
Mayor Miller also told the board about a busy month coming for the Square. Upcoming events include the Pumpkin Festival on October 22 from 9:00 am until 4:00 pm; the Habitat for Humanity Chili Cook-Off and Bake Sale on October 28 from 10:30 am until 1:00 pm; and the Boo Bash on Halloween from noon until 5:00 pm.
In other news, the board voted to table the public hearing and second reading of a new beer ordinance after some legal questions arose. City Attorney Vester Parsley could not attend the meeting, and the board wanted his input into questions about the ordinance.
The proposed ordinance was adopted on first reading last month, and would re-establish terms for regulating the sale of beer for off-premises consumption in Smithville. Most of the provisions in the new ordinance are the same as existing regulations, such as the 400 feet distance requirement between a business permitted to sell beer and a place of public gathering.
The main 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.
Through the 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”.
Ordinance (City of Smithville)
