Liquor store ordinance draft under review

By Jill Penley

The Mountain City Town Council plans to review a package store ordinance draft during a special called work session Feb 26.
City Attorney George Wright delivered a draft of an alcoholic beverage ordinance to City Recorder Sheila Shaw last week for the council’s consideration.
“The city council needs to establish a regulatory structure for the new ordinance,” explained Attorney Wright, “ensuring it is compliant with a state law that stipulates reasonable access to package stores.”
Items contained within the proposed ordinance include liquor store licensing, fees, store locations, store size, signage, record keeping, enforcement, and penalties.
The liquor store referendum passed on Nov. 6, with 3,183 or 54.27 percent of the votes cast in support of the referendum and 2,628 or 45.21 percent of the votes cast in opposition.
Highlights of the proposed liquor store ordinance include:
• “No establishment selling alcoholic beverages for consumption on the premises shall be located within three hundred (300) feet of any active school or active church. The distances provided for herein shall be measured in a straight line by beginning at the front door of the business location and going from that point to the front door of any active church house or active school.”
• “All retail package stores will be located on the ground floor of the premises. Each package store will have one (1) main entrance unless the store is located on the corner of two (2) streets, in which instance such store may maintain a door opening on each such street. Additionally, all retail package stores shall be of a permanent type of construction. No package store shall be located in a prefabricated/movable manner of building. All retail package stores will be equipped with lights surrounding the premises and a functioning burglar alarm system. Full and unobstructed vision shall be afforded to and from any public streets to the package store, and, to the maximum practicable extent, to the sides of the building containing the package store. The retail package store shall be a minimum of twelve-hundred (1,200) square feet. Finally, all retail package stores shall be subject to applicable zoning, land use, building and safety regulations by the Town of Mountain City.“
• “No radios, television sets, arcade/pinball machines or other such devices
which cause people to congregate or loiter shall be prohibited in a retail package store. In a retail package store, seating shall only be provided for employees. This section does not preclude the owner or employees from having a television set or a radio solely for their use, which is located out of the public view.”
• “It shall be unlawful for any person to drink any alcoholic beverages or physically and openly possess, display, exhibit, or show
an unsealed bottle containing any alcoholic beverage in
the parking area of any drive-in restaurant, shopping center, or parking area of any business premises, or on any public street or sidewalk, or in any public park, playground, theater, stadium, school, or school ground within the corporate limits of the Town of Mountain City, title 8, alcoholic beverages section, or a person, has been issued a permit by the State of Tennessee Alcoholic Beverage Commission.”

ACTION Coalition commends establishments on passing alcohol compliance checks

By Tamas Mondovics and Denise Woods

The Johnson County Sherriff’s Department in collaboration with Tennessee Alcoholic Beverage Commission and the A.C.T.I.O.N Coalition Inc., conducted alcohol compliance checks among seven businesses licensed to sell alcoholic beverages in the region.
Compliance checks of licensed establishments are conducted on a regular basis. To prevent underage sales of alcoholic beverages, TABC law enforcement agents use minor decoys who attempt to purchase alcohol from TABC licensed establishments including restaurants, bars, liquor stores, and retail stores.
Minor compliance checks are an integral part of protecting our youth against underage drinking by ensuring that licensed establishments comply with the state laws against sales of alcohol to minors.

“The goal is to prevent the sale of alcohol to minors before
tragedy strikes.”Chief Law
Enforcement Officer,
Bond Tubbs.

ACTION Coalition would like to commend local businesses including Big Louis’, Doe Valley Food Mart, Dollar General (Butler) who demonstrated responsible alcohol sales during the recent compliance checks.
“Compliance checks are an effective environmental strategy in reducing underage drinking,” said Denise Woods, with ACTION Coalition. “Underage drinking contributes to car crashes, injuries, vandalism, unwanted sexual encounters, teenage pregnancy, sexually transmitted diseases and death by alcohol poisoning as well as a risk of developing alcohol use disorders. By themselves, compliance checks will not eliminate youth access to alcohol. However, when combined with a comprehensive community approach, they can help keep alcohol out of the hands of kids.”
Statistics have shown that compliance checks help to reduce the percentages on non-compliant retailers statewide.
According to the Tennessee Alcoholic Beverage Commission, 1663 compliance checks in 2015 showed a 22 percent non-compliance rate, while in 2018 the 1696 compliance checks showed a drop to a 13 percent non-compliance rate.
The Tennessee Highway safety commission awarded a $125,000 grant to the Tennessee Alcoholic Beverage Commission in December 2018 to prevent traffic-related deaths and injuries by addressing the illegal sale of alcohol to minors (under 21 years of age).
“The goal is to prevent the sales of alcohol to minors before tragedy strikes,” said Chief Law Enforcement Officer Bond Tubbs. “These funds from the Tennessee Highway Safety Office allow us to allocate more resources to the prevention of sales to minors, and in turn, help prevent traffic collisions and traffic-related deaths that might result from underage drinking.”
TABC will use grant funds to deploy law enforcement personnel to areas of the state that have experienced a significant number of DUI related arrests and collisions. It will also assign agents to work at high profile events such as festivals, sporting events, and concerts.
Selling alcohol to a minor not only affects the minor and the clerk but also the business. The Sheriff’s Department and Tennessee Alcoholic Beverage Commission initiated citations to one business notifying them of failing to comply with TN laws regarding the sale of alcohol to minors. Retailers who sell to an underage buyer are referred to the Johnson County Beer Board for failing to comply with the state’s alcohol laws.
Responsible Beverage Server Training is available through the A.C.T.I.O.N Coalition to any outlet or individual that serves or sells alcohol. The five-hour training goes into depth about behavior cues and intoxication rate factors of intoxication, Dram Shop Liability, and Common Negligence laws, B.A.C, tolerance, alcohol proof amounts, and proper ID checking.
Responsible Beverage Server Training can also reduce insurance costs for the outlet and possibility reduces fines imposed through the courts.
For more information, please call 423-727-0780. Denise Woods is the Prevention Coordinator at A.C.T.I.O.N Coalition, Inc. in Mountain City.

Sheriff’s Report

2/01/2019

01/25/2019 Jeffersson A Antonio, Jackson St, Driving Under The Influence, Driving Without A Drivers License
01/25/2019 Stacy T Leonard, Waddell Rd, Theft Of Property U/$1,000, Theft O/$10,000 X 2, Aggravated Burglary
01/25/2019 Brittany C Matheson, Village Square Ln, Aggravated Child Abuse And Neglect X 2
01/25/2019 Kaleb N Mcwhorter, Burley Shoun Ln, Failure To Appear
01/25/2019 Matthew V Pennington, Gentry Creek Rd, Capias
01/25/2019 Blake E Phillippi, Cross Mountain Rd, Assault As Domestic Violence
01/25/2019 Bradley R Price, W Main St, Violation Of Community Corrections X 2
01/26/2019 Zachary G Eastridge, Grover Reece Rd, Failure To Appear X 2
01/27/2019 Charissa A Blevins, Brinkley Rd, Simple Possession, Driving Under The Influence, Violation Of Open Container Law In A Vehicle, Driving On Suspended Drivers License
01/27/2019 Dallas T Ferguson, Trout Run Rd, Violation Of Probation
01/27/2019 Douglas Z Mcmillan, Eller Rd, Assault As Domestic Violence
01/27/2019 Matthew L Widner, Forge Rd, Violation Of Probation
01/28/2019 Wendy L Hansen, Crackers Neck Rd, Driving Under The Influence
01/28/2019 Penny S Lipford, Hampton Tn, Violation Of Probation
01/28/2019 Laurel A Miller, Bulldog Rd, Aggravated Assault With A Vehcile As Domestic Violence, Assault
01/28/2019 Bobbie M Perry, Noah Snyder Rd, Worthless Checks
01/28/2019 Tracy S Proffitt, Hillcrest Rd, Felony False Report
01/29/2019 Elizabeth A Carr, Morefield Rd, Driving Under The Influence
01/29/2019 Wayne C Cook Jr, Pine Orchard, Failure To Appear For Booking And Processing
01/29/2019 Brandon L Hicks, Village Square Ln, Criminal Trespassing, Felony Failure To Appear, Violation Of Bond Conditions
01/29/2019 William M Oxentine, Hwy 421 N, Violation Of Probation
01/30/2019 Karan M Calloway, Lenoir Nc, Possession Of Schedule Iv Drugs For Resale, Simple Possession Of Schedule Vi Drugs, Possession Of Legend Drugs X 2
01/30/2019 Yolande Hartley, Dry Stone Branch Rd, Simple Possession Of Schedule Vi Drugs, Possession Of Drug Paraphernalia
01/30/2019 Zara L Mcneal, Crackers Neck Rd, Violation Of Community Corrections, Attachment – Failure To Pay Child Support
01/30/2019 Ryan A Miller, Harbin Hill Rd, Driving Under The Influence
01/30/2019 Kevin J Roberts, Hampton Tn, Failure To Appear
01/31/2019 Nickey R Gentry, Gentry Cemetary Rd, Driving Left Of Center, Felony Reckless Endangerment, Resisting Arrest, Evading Arrest By Motor Vehcile, Driving On Revoked Drivers License, Driving Under The Influence
01/31/2019 Alex M Casto, Rainbow Rd, Violation Of Probation
01/31/2019 Addie E Mahala, Damascus Va, Possession Of Scheudle Ii Drugs, Driving On Suspended Drivers License
01/31/2019 Delza D Noble, Reece Hill Rd, Dogs Not Allowed At Large
01/31/2019 Jonthan M Shelton, Johnson Hollow Rd, Resisting Arrest, Evading Arrest, Possession Of Schedule Ii Drugs, Violation Of Probation, Possession Of Legend Drugs, Attachment – Failure To Pay Child Support