Looks like NO yummy Waffles after all  

.

Loudon Mayor Doyle Arp (gold tie), Chairman EDA, Stephanie Myers, Lenoir City Manager Dale Hurst (white shirt glasses), Pat Phillips, EDA Director.

Getting A Jump Start - Liquor Store, maybe!

By: Pat Hunter

January 22, 2009

If you live in Loudon and you were looking forward to having a tasty, yummy waffle or omelet after church at the proposed Waffle House, dream no more. Instead, Loudon residents may see a liquor retail outlet at that same location if one businessman has his way. That was the subject of discussion at the Loudon County Economic Development Agency (EDA) meeting.

A Special Called meeting of the Loudon County Economic Development Agency (EDA) was held on Thursday, Jan. 22, 2009 at 3:00 P.M. The EDA Board of Director's meeting was moved from the Loudon County Office Conference room to the Loudon County Board of Education conference room. No explanation was given for the change of meeting location. Present at Thursday's meeting was Loudon City Mayor Inky Swiney, Loudon City mgr. Lynn Mills, Jeffry Feike, hospital administrator, former county attorney Harvey Sproul, Lenoir City Committee of 100 member, Commissioner Chris Park, Dale Hurst, Lenoir City Administrator, Lenoir City Councilman Eddie Simpson, Charlie Bettis, Bruce Giles, Mayor Doyle Arp, Loudon businessman Johnny James and EDA staff. An unidentified couple attended the meeting but did not speak or ask questions. 

EDA Director Pat Phillips introduced Jeffrey Feike, Ft. Loudon Medical Center hospital administrator and Chairman of the Loudon County Chamber of Commerce. According to Phillips, Feike is a new voting member of the EDA. Absent was Michael Bobo, new Chamber President.  

 

 

After the Financial Report, Phillips quickly moved to the next agenda item, sale of .62 acre at Centre 75 Business Park.

Months ago, Loudon County Commission voted to sell a portion of tract of land to WH Capital, L.L.C. for $169,500. Loudon City Council also approved the sale. This is the same tract of land, which was under discussion and contract with WH Waffle House but Waffle House has not responded to recent correspondence. 

According to Phillips, the EDA received a Letter of Intent from Loudon businessman Johnny James. The purchase price was briefly discussed.

Phillips then read a letter from Johnny James. The jest of the letter was to purchase .6 parcel of land adjacent to the existing Taco Bell ...With the intent to build a facility on said land for retail liquor sales outlet. In the event that I am fortunate enough to receive a license for such a facility, the purchase price will be finalized within 5 days of the issue of license by the city,  Mr. John James.   

Mr. James was present to answer questions about the proposal from the EDA Board of Directors. Assistant Director Kathy Knight mentioned that Waffle House was contacted to inform them that another party was interested in the parcel but they had not responded. What' s your pleasure gentlemen inquired Pat Phillips? You heard the proposal, lets get a motion on the floor commented Mayor Doyle Arp. A motion followed by Jeffrey Feike, which was seconded by Commissioner Chris Park.

There was further discussion and questions. Dale Hurst wanted to know more since he had read something in the paper about the liquor issue.

Loudon City will issue two liquor licenses. One requirement is the proof of possession of the property (see yellow highlight below from the state website). The ability to control the site explained Loudon City Manager Lynn Mills. Barring any unforeseen problems, March 16, 2009 (Monday) will be the scheduled date for the City of Loudon to award two certificate of compliance. The date was furnished by Lynn Mills. So by mid April, James may know one way or another if he qualified. We don't have a legal instrument, option to buy, just a letter of intent. Harvey Sproul was asked for his legal opinion, is a letter of intent sufficient but Sproul thought that is was not very binding.  

Mills explained the process, Loudon City will award 2 certificate of compliance. Then he would apply with the State of Tennessee Alcoholic Beverage Commission and they would issue him a license. He would bring the license back to us and approve the local license. After the certificate of compliance an applicant would have 6 months window to open.

Phillips mentioned that in the interim this proposal would have to go to Loudon City Council and Loudon County Commission for their consideration and approval. The motion was a recommendation from the EDA to move forward with this proposal. There was further discussion of providing Commissioners and City Council with a proposed selling price.

James mentioned that he had a computer generated sketch building with brick. Attorney Harvey Sproul favored the option to buy because you don't know what will happen. How does this plan fit into the EDA's plan of what it should be referring to the business park.  What kind of facility will be put there and will it fit into the architectural atmosphere, he asked. Could this be a reason why Waffle House decided not to come to Loudon because the EDA wanted the Taj Mahal instead of a plain standard yellow color Waffle House?

There were some questions, what happens if Waffle House contacts the EDA. Sproul summed up his opinion shaking his head several times, "He (referring to James) doesn't have anything other than a recommendation from this body"...Loudon City Council and Loudon County Commission must make the decision. The EDA can make a recommendation on the price and restrictions and use of the business park. Mayor Arp commented that he leaned heavily on the side of Loudon City's recommendation since it was in the corporate city limits. The motion was unanimously approved by the EDA Board. This proposal now goes to Commission and Loudon City council for their consideration and vote.  

 

Liquor License Process

SOURCE: Tennessee Alcoholic Beverage Commission

Information for Liquor Stores

HOW TO OBTAIN A RETAIL PERMIT 

 1.   APPLICATION FORM:  Form #AB-0015.  This application should be notarized and filled out      completely.  The cut off date for all information to be received in this office (in order to be placed on the agenda) is two (2) weeks prior to the Commission meeting.  To obtain an application, contact the Alcoholic Beverage Commission, 226 Capitol Blvd., Suite 300, Nashville, TN  37243-0755; (615) 741-1602 or by email.

 2.     QUESTIONNAIRES:  Form #AB-0021.  Owners, partners, officers, managers and/or any person who owns five percent (5%) or more in the corporation or the business, should complete these forms.  All questionnaires should be filled out completely.

 3.     CERTIFICATE OF COMPLIANCE.  This can be obtained from the Mayor's office of your local government.  To find out the requirements for a Certificate of Compliance for Davidson County, go to the website of www.Nashville,gov, then go to Title7 - Alcoholic Beverages and then go to Chapter 7.16.  The contact in Davidson County to obtain a Certificate of Compliance is Sally Palmer at 615-862-6380 with the Legal Department of the Mayor's Office.

 4.     CERTIFICATE OF OCCUPANCY.  If establishment is located in Davidson county, you may obtain the Certificate of Occupancy approval letter from the Metropolitan Codes Department, Metro Howard Office Building, telephone number 615-862-6550.  The contact person is Mary Mosley.  If the establishment is not located in Davidson County, you may contact the local Codes Department in that city or county in which the establishment is located.

 5.     PROOF OF POSSESSION.  A Lease, Deed, Bill of Sale or other type of document which shows that the application is actually leasing or is in possession of the property, should be furnished to this office.  Along with the lease, a copy of the Deed (registered with the Registrar of Deed's Office) is to be furnished also.

 6.     CHARTER FROM THE STATE OF TENNESSEE.  (This document is required only if the applicant is a corporation, a limited liability company (LLC) or a formal partnership).  A copy of your Tennessee charter must be furnished to this office and it can be obtained from the Tennessee Secretary of State's Office, 6th Floor, William Snodgrass Building, 7th Avenue North between Charlotte Avenue and Union Avenue, Nashville, Tennessee, telephone 615-741-2286.

 7.     LIST OF OFFICERS AND OWNERS OF CORPORATION.  A separate list of officers (with their titles) and owners with five percent (5%) or more ownership, and the amount of percentage, needs to be furnished with the application. 

 8.     COPY OF NEWSPAPER NOTICE AND SWORN STATEMENT REGARDING THE PUBLICATION.  Article needs to be run in your local newspaper for three (3) consecutive days.

 9.     WAIVER OF ANY RIGHT TO AN ADMINISTRATIVE HEARING BY APPLICANT. 

10.     SALES TAX NUMBERS  The Tennessee sales tax number can be obtained from the Tennessee Department of Revenue, 3rd Floor, Andrew Jackson Building, 500 Deadrick Street, Nashville, Tennessee 37242, telephone 615-253-0600.

11.     TABC INSPECTION.  An inspection will be made by one of our agents only after application has been reviewed at the Commission meeting.

12.     COPY OF ALL LOAN CONTRACTS.

13.     FINANCIAL BACKGROUND CHECK OF APPLICANT.

14.     CREDIT CHECK FROM BANKING/LENDING INSTITUTION

15.     FEDERAL FORM TO SELL LIQUOR Federal Form ATF F 5630.5 (10-93).  This form should be filled out and returned to the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, PO Box 371962, Pittsburgh, Pennsylvania 15250-7962. 

16.     EMPLOYEE PERMITS.   Form AB-0014.  All employees have to obtain an employee permit card.  The cost is $2.00 and it is good for one year.  The date of the card is from January 1 thru       December 31.

 

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01-22-09