The Nov. 8 Smithville Election ballot will include referendums asking voters whether to permit local grocery stores to sell wine, and whether to allow liquor by the drink in restaurants inside the city limits.
The referendums have been verified to have the number of signatures required, and the election commission has approved the referendums to be placed on the ballot. According to Administrator of Elections Dennis Stanley, the petitions required signatures from 10 percent or more of the registered voters who cast ballots for governor in the last city election.
The wine at retail food stores referendum was only allowed to be called because Smithville voters approved retail package stores (in a 406-401 vote) in a Nov. 2014 referendum. The petition also had to be filed within a 75-day period before the November election to qualify, which it was.
The second referendum will ask city voters to cast ballots "for legal sale of alcoholic beverages for consumption on the premises in Smithville" or "against legal sale of alcoholic beverages for consumption on the premises in Smithville." Voters cast 397 votes in favor of, and 412 votes against, a similar measure in Nov. 2014.
Under state law, a retail food store is defined as a business that makes at least 20 percent of its income from food sales and has at least 1,200 square feet of floor space. Food sales must be the type of transaction taxed at the state rate of five percent state rate, as opposed to the higher rate of prepared food. Most convenience stores and gas stations will not qualify to sell wine under these rules.
If voters approve the measure, licenses will be issued by the Tennessee Alcoholic Beverage Commission, and all applicants must obtain a certificate from the city verifying that a background check has been performed, and that the applicant has not been convicted of a felony in the previous ten years.
Applicants are not required to own the store they apply for. This allows those with franchise or management agreements to apply. Cities may not limit the number of retail food store wine licenses to be issued in their jurisdiction, nor require that applicants reside in the city.
Grocery stores located within 500 feet of package stores may not obtain licenses to sell wine until July 1, 2017, unless the package store owner provides written permission to the commission. Any package store owner who refuses such permission cannot sell those additional items permitted by the law until such time as the grocery store obtains permission to sell wine.
If either referendum is adopted by voters, the state’s Alcoholic Beverage Commission will be responsible for approving and issuing any licenses.
