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City nods 24-7 beer sales hours
Amendment passes on first reading
Danny Washer w sm
WASHER

The Smithville Board of Aldermen passed an ordinance on first reading Monday night to loosen the rules on beer sales in the city by a vote of 3-1-1.
The new ordinance would extend the hours that  stores with existing permits may sell beer for consumption off premises to 24 hours a day, seven days a week.
The existing permissible hours are 6a.m.-midnight Monday-Saturday, with sales not allowed on Sunday or Christmas Day.
The measure would also allow restaurants in the city limits to obtain an on-premises permit to serve beer.
The distance a business selling beer is required to exist in relation to schools and churches would not change under the proposal.
By a vote of 3-1-1, Smithville aldermen Monday night voted to adopt an ordinance amending the Smithville Code of Ordinances regulating beer sales.
The ordinance amendment was proposed by Alderman Danny Washer, and his motion to adopt the document was seconded by Gayla Hendrix.
Washer and Hendrix, along with Jason Judd Murphy, cast votes in favor of the amendment, while Tim Stribling voted against it and Shawn Jacobs passed, citing his religious beliefs as a conflict of interest in the matter.
A public hearing was set for Dec. 27 at 5:30 p.m. at City Hall, followed by second and final reading of the amendment.
Alderman Hendrix told those present at the meeting that she feels that the city loses tourism money to surrounding counties because of the tighter restrictions.
“We're such a tourist area,” Hendrix said. “Something like this can bring in a lot of tax revenue to our small city because we have so many people coming into the lake from March through October and then even fishermen in the winter. By not doing this all we're doing is giving our tax revenue to surrounding areas.
“I think it would generate a lot of money for our city,” she continued. “I've heard a lot of comments from people at Center Hill Lake that are coming in from Nashville, Franklin, and Rutherford County. They come here and then they're frustrated because a lot of them don't realize they can't buy this (beer) here and then they have to drive to Cookeville because it's the closest. It's not convenient for our tourists. I'd like to bring more tourism into this community and not have obstacles preventing this," she said.
Washer echoed opinion that the changes would help make the city more tourist-friendly.
“I know there will be some concern about the hours,” Washer said. “But we get a lot of tourists who come in here and utilize our lake. They're not coming in here at 12 and going to the lake. They're coming early. They want to come and make one stop. And they don't just buy beer. They buy gas. They buy snacks, everything they need. Ice, whatever. They want to get it in one stop. They don't want to have to haul it down here. They want to wait until they get here.
“Right now I think we only have one store that stays open twenty-four, seven, Washer continued, “You're putting it into a small area, but it will allow it for people who want to take it home and relax and not have to get up and go get it the next day. It’s just a convenience. And to keep the money in town, that's going out of town. We need that. We've been wasting a lot of money, letting it go somewhere else. I hope people understand that,” Washer concluded.
Alderman Jacobs elaborated on his position, saying that although he personally felt that though it might be a good financial decision, he could not vote for the measure on moral grounds.
“I would like to say that I don't doubt that this is a good policy decision for the board to make,” Jacobs told the assembly. “I am concerned, however, that we have had on the ballot this year two referendums that would have liberalized the sale of alcohol in the city limits and both of those were defeated. That gives me some concern.
“ I want to say up front that I have a clear conflict of interest in this in that I am a church elder and I don't think I can vote on this ordinance as an alderman and then also as a church elder I don't think I can vote yes to it and still honor God and honor the commitment I have to my congregation. That's the reason I am voting the way I'm voting is because I do feel I have a definite conflict of interest,” Jacobs said.
The proposed ordinance reads:
Section 1: A Class 1 On Premises Permit shall be issued for the consumption of beer only on the premises. To qualify for a Class 1 On Premises permit, an establishment must, in addition to meeting the other regulations and restrictions in this Chapter:
(A) Be primarily a restaurant or an eating place; and
(B) Be able to seat a minimum of thirty people in booths and at tables, in addition to any other seating it may have; and
(C) All seating must be part of the premises. In case of any outdoor seating, the outdoor seating area must be accessible from the inside of the restaurant or eating place and the outdoor seating area must have some type of enclosure around it, such as a wall or fencing; and
(D) In addition to the requirements of subsection 8-210(1) (a) through (c), the monthly beer sales of any establishment which holds a Class 1 On Premises Permit shall not exceed fifty percent of the monthly gross sales of the establishment. As used herein, the term "gross sales" means all retail sales of the permit holder plus any applicable taxes. As used herein, the term "beer sales" includes all retail beer sales plus any taxes applicable to beer sales"
Section 2: Section 8-211 Prohibited conduct or activities by beer permit holders: Section 8-211 (2) is hereby amended by changing the following text: "Make or allow any sale of beer between the hours of 12 midnight and 6 a.m. during any night of the week, at any time on Sunday, and at any time on Christmas Day to the following: "Make or allow any sale of beer between the hours of 12 midnight and 6 a.m. during any night of the week".