While a City of Smithville statute apparently prohibits signs advertising beer, from being seen outside the business, City Attorney Vester Parsley told the mayor and  aldermen Monday that the code may not be enforceable on constitutional grounds.
Former alderman W.J. (Dub) White brought the matter of local businesses he suspects of violating the local beer ordinance in front of the city council at the most recent meeting of the board, and Parsley told him that he has checked into the matter and found that although they may well be in violation of the law, the law may have to be changed.
“Tennessee has a statute which says that we cannot prohibit people who sell beer from advertising at least one sign outside of their business,” Parsley said. “They cannot advertise the type of beer, but they can advertise beer. Our ordinance talks like it would prohibit it all the way. We're looking into the possibility that we can't limit that by the first amendment of the Constitution and freedom of speech.”
“We're looking into the constitutionality of part of our ordinance being invalid right now,” He continued. “We've never let anybody advertise the sale of beer outside their establishment, although there's a statute which says they can. One of our individuals who has a license probably has the most lit up building I have seen in some time here in town, and I think if anyone's in violation, he probably is, but we're looking into the possibility that we can't limit that by the first amendment of the Constitution and freedom of speech.
White disagreed.“You can and we've done it in the past.”
“Our beer ordinance has changed,” Parsley replied. “Our beer ordinance now says we can sell beer 24-seven. They didn't change the other provisions, and now part of the ordinance is not valid.
“What I'm saying is they can advertise the fact that they sell beer on the premises,” he continued. “They can't say what the price is, nor can they advertise the type of beer. There's a Tennessee statute that says they can have one sign outside that advertises beer. It doesn't say what the size of that sign is. I would think I would think that it would have to comply with our current advertising statute.”
“Otherwise they can just do what they want to.” White replied.
“No sir, I didn't say that, Parsley said. “You're misinterpreting what I'm saying. I'm saying there are certain things that they are possibly in violation of, but our own ordinance is not up-to-date either, and there is a question whether based upon the First Amendment can we restrict the viewing of beer signs inside the establishment.”
“In other words we were wrong in years past for pulling their license for 90 days,” White said.
“I haven't been there when we pulled anyone's license except when someone sold to minors,” said Parsley. Did you pull them for the sign violation?
“Yeah we have pulled them for stuff like that,” White replied.
“I wasn't here when that was done, the city attorney noted. “For that provision you pulled their license? I'm not asking you about other provisions, I mean that provision?
White said he did not remember specific instances.
The former alderman also had questions about the the minimum of grocery stock required to sell alcohol.
“Don't you have to have $25,000 in grocery items at all times to sell beer?” he inquired.
“That's been brought up before,” Parsley said. “A certified accounting company comes and does the accounting for all the beer establishments. We do not go behind those people and check to see what the value of their inventory is.
“Once we get the certification from that company they're verifying that there is at least $25,000 inventory. They do that each year.”
“Do you think they actually have it?” White asked. “It’s not for me to think or decide. I don't know what they have in inventory,” Parsley replied.
“In other words they could put down anything and you would accept it?” White asked. “No sir, I'm telling you it's got to be certified. It is not certified by the individual, it is certified by an independent entity.
“I know they don't. You can see from the outside,” White retorted. “Well, I don't know how you could do that from the outside of a business, quite frankly, but we take a certified inventory each year and that is certified by private company that we have no reason to doubt. We don't run behind them and have somebody do inventory counts,” Parsley informed.