HomeMy WebLinkAboutOrdinance 6716
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6716
File Number: 2024-1671
OUTDOOR REFRESHMENT AREA (AMENDMENTS):
AN ORDINANCE TO AMEND §111.07 OUTDOOR REFRESHMENT AREA TO AMEND THE EVELYN HILLS
OUTDOOR REFRESHMENT AREA PROVISIONS, AND TO CREATE PROVISIONS FOR SUSPENDING OR
REVOKING A BUSINESS’S ABILITY TO PARTICIPATE IN AN OUTDOOR REFRESHMENT AREA
WHEREAS, pursuant to Ark. Code Ann. § 14-54-1412, the City has established both temporary and permanent
entertainment districts, called Outdoor Refreshment Areas (ORAs) permitting alcohol possession in outdoor public
spaces; and
WHEREAS, the Evelyn Hills ORA was created in part so that patrons of Mockingbird Kitchen could possess and
consume alcoholic beverages on an outdoor patio and, after three years of operation, Mockingbird Kitchen has
requested an amendment to the ordinance, which City staff supports, to permit a customer to carry up to four alcoholic
beverages from the restaurant to their table for other members of their party (who have been verified to be of legal
drinking age) with an employee present; and
WHEREAS, City staff also recommends adopting provisions for suspending or revoking a business’s ability to
participate in an ORA to ensure businesses are being good neighbors and adhering to all other federal or state law or
city ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) of § 111.07 -
Outdoor Refreshment Area of the Fayetteville City Code and enacts a new subsection (E) as follows:
“(E) Conditions for Consumption of Alcoholic Beverages in the Evelyn Hills Outdoor Refreshment Area. Any owner
within the Evelyn Hills Outdoor Refreshment Area may allow customers to exit the owner's premises during regular
hours of operation with alcoholic beverages and consume said alcoholic beverages anywhere within the confines of the
Outdoor Refreshment Area in which the alcoholic beverage was obtained, subject to the following regulations:
(1) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control
Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any other
establishment with an open or closed container of alcoholic beverage without the consent of the owner or manager of
the establishment.
(2) A customer may purchase and exit the owner’s premises and travel to an approved outdoor dining area with up to
four alcoholic beverages as long as the beverages are for the customer and other individuals of legal drinking age in the
Ordinance: 6716
File Number: 2024-1671
Page 2
same party and sitting at the same table as the customer. It shall be unlawful for a customer to distribute alcohol to any
person under the age of 21.
(3) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased outside
of the Outdoor Refreshment Area.
(4) Beverages may be in containers made of glass, aluminum, plastic, or other materials; however, no container shall
exceed sixteen (16) fluid ounces in size.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (J) in § 111.07 –
Outdoor Refreshment Area of the Fayetteville City Code as follows:
“(J) Suspending or Revoking a Business’s Ability to Participate in an Outdoor Refreshment Area
(1) Grounds for Suspension or Revocation
(a) Valid complaints that the business is operating in a dangerously unsanitary or unhealthy manner, or in such manner
as to unreasonably and adversely affect the peace, health or safety of neighbors or other Fayetteville residents.
(b) The business is delinquent in submitting Hotel, Motel and Restaurant or city alcohol tax forms or in payment of the
city's Hotel, Motel and Restaurant taxes or any other city or state taxes or required fees.
(c) The business is being operated in violation of any federal or state law or city ordinance or has had a necessary state
or city license suspended or revoked.
(2) Suspension or Revocation. Upon finding sufficient grounds, the Mayor or the Mayor’s designee may do one of the
following depending upon the seriousness of the grounds and any previous actions against the business under this
subsection:
(a) Probation. A business may be placed on probation status for not more than ninety (90) days on condition that the
grounds causing the problems will be remedied by the owner and not be allowed to reoccur. If the owner complies with
the probation, the probation status may be lifted with no further action taken. If the Mayor or the Mayor’s designee
determines that the owner has failed to correct the problems or new grounds for suspension or revocation have
occurred, the business shall be subject to an extended probationary period, suspension, or revocation.
(b) Suspension. A business may be suspended from participating in the ORA program for a period of up to ninety (90)
days.
(c) Revocation. A business’s ability to participate in the ORA program may be revoked. Upon revocation, a business
shall not be eligible to participate in the ORA program for a period of at least one year, after which time it may submit
a request to the City to return as a program participant.
(3) Notice. The Mayor or the Mayor’s designee shall mail a letter to the business mailing address shown in its business
license application by first class mail notifying the business owner of the suspension or revocation. The Mayor or the
Mayor’s designee shall also telephone the business owner using the business phone number provided in the business
license application (as well as the emergency phone number if the owner cannot be reached on the business phone
number) and provide the same information as is within the letter.
(4) Appeal to City Council. Any person or entity may appeal such suspension or revocation to the City Council by
providing the City Clerk's Office with a written request for City Council review within ten (10) business days of the
issuance of the suspension or revocation. The City Council may then determine, after a public hearing in which the
business license owner may present evidence and explanations, whether the business’s ability to participate in the ORA
program should be suspended for not more than ninety (90) days, revoked because of the grounds presented, or that no
suspension or revocation is warranted.
(5) Additional Conditions After Suspension or Revocation. The Mayor or Mayor’s designee or, if appealed, the City
Council, may place additional conditions on any business that has been subjected to suspension or revocation before the
business is allowed to return as an ORA program participant.”
----------------------------------------------------
Ordinance: 6716
File Number: 2024-1671
PASSED and APPROVED on February 6, 2024
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville , Arkansas.
Amount Paid:$ 4~3 . 3lo
Page 3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1671
MEETING OF FEBRUARY 6, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE:
SUBJECT: Outdoor Refreshment Area Amendments
RECOMMENDATION:
Staff recommend approval of two amendments to the Outdoor Refreshment Area (ORA) ordinance to include a
suspension or revocation clause as well as an amendment to the Evelyn Hills Outdoor Refreshment Area to
better support Mockingbird Kitchen’s outdoor patio.
BACKGROUND:
Over the past four years, the Outdoor Refreshment Area has operated responsibly in full thanks to the
stewardship of participating businesses, non-profits, and anchor institutions. Over the years, staff and City
Council have made alterations and additions to the program to bring certain program elements to other areas
of the City, such as Evelyn Hills Shopping Center and Centennial Park. Following the transition of ORA’s
management to the Downtown Fayetteville Coalition in 2023, staff have been able to focus their time refining
the ordinance.
DISCUSSION:
Staff propose two amendments to Ordinance 6509:
• Alter the total number of drinks a customer is able to carry to an approved outdoor seating area in the
Evelyn Hills Shopping Center ORA
• Include a suspension or revocation clause for all current and future ORAs in Fayetteville
The Evelyn Hills Outdoor Refreshment Area was created so that patrons of Mockingbird Kitchen could possess
and consume alcoholic beverages on their outdoor patio. An ORA was needed to allow the alcoholic beverage
to traverse less than 20 feet of privately owned sidewalk that stood between the restaurant’s front entrance and
its patio. After three years of operation, staff request an amendment to the ordinance to permit a customer
(who has been verified to be of legal drinking age) to carry up to four alcoholic beverages from the restaurant
to their table for other members of their party (who have been verified to be of legal drinking age) with an
employee present. Currently, when a party of any size orders alcoholic beverages, each guest must walk to the
restaurant to obtain their drink. As a reminder, the Evelyn Hills ORA does not allow patrons to walk around in
public with their alcoholic beverage; it only allows for special events and outdoor seating. This amendment
applies only to the Evelyn Hills ORA and does not apply to the Downtown ORA.
Staff also recommend an amendment to include a suspension or revocation clause that will be applied to all
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
ORAs in Fayetteville. This clause is proposed not because an ORA has experienced non-compliance with the
program’s rules, but instead because ORA can be used to ensure participating businesses are being good
neighbors and adhering to all other federal or state law or city ordinances. Other grounds for suspension or
revocation include valid complaints that the business is operating in a dangerously unsanitary or unhealthy
manner or if the business is delinquent in submitting Hotel, Motel, and Restaurant or city alcohol tax.
An appeal process to the City Council has also been included, where any person or entity may appeal a
suspension or revocation within ten business days of its issuance. Lastly, the Mayor or Mayor’s designee or, if
appealed, the City Council, may place additional conditions on any business that has been subjected to
suspension or revocation before the business is allowed to return as an ORA program participant.
Staff worked closely with the Fayetteville Police Department and City Attorney's Office on the development of
this ordinance amendment.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: Proposed Amendments to Section 111.07 (#3), Downtown Fayetteville Coalition Letter of
Support (#4), Mockingbird Kitchen Letter of Support (#5)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1671
Outdoor Refreshment Area Amendments
AN ORDINANCE TO AMEND §111.07 OUTDOOR REFRESHMENT AREA TO AMEND THE
EVELYN HILLS OUTDOOR REFRESHMENT AREA PROVISIONS, AND TO CREATE
PROVISIONS FOR SUSPENDING OR REVOKING A BUSINESS’S ABILITY TO PARTICIPATE
IN AN OUTDOOR REFRESHMENT AREA
WHEREAS, pursuant to Ark. Code Ann. § 14-54-1412, the City has established both temporary and
permanent entertainment districts, called Outdoor Refreshment Areas (ORAs) permitting alcohol
possession in outdoor public spaces; and
WHEREAS, the Evelyn Hills ORA was created in part so that patrons of Mockingbird Kitchen could
possess and consume alcoholic beverages on an outdoor patio and, after three years of operation,
Mockingbird Kitchen has requested an amendment to the ordinance, which City staff supports, to permit
a customer to carry up to four alcoholic beverages from the restaurant to their table for other members of
their party (who have been verified to be of legal drinking age) with an employee present; and
WHEREAS, City staff also recommends adopting provisions for suspending or revoking a business’s
ability to participate in an ORA to ensure businesses are being good neighbors and adhering to all other
federal or state law or city ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) of §
111.07 - Outdoor Refreshment Area of the Fayetteville City Code and enacts a new subsection (E) as
follows:
“(E) Conditions for Consumption of Alcoholic Beverages in the Evelyn Hills Outdoor Refreshment
Area. Any owner within the Evelyn Hills Outdoor Refreshment Area may allow customers to exit the
owner's premises during regular hours of operation with alcoholic beverages and consume said alcoholic
beverages anywhere within the confines of the Outdoor Refreshment Area in which the alcoholic
beverage was obtained, subject to the following regulations:
(1) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic
Beverage Control Division with any alcoholic beverage that was not acquired at that location. A
customer may not enter any other establishment with an open or closed container of alcoholic beverage
without the consent of the owner or manager of the establishment.
Ordinance: 6716
File Number: 2024-1671
Page 2
(2) A customer may purchase and exit the owner’s premises and travel to an approved outdoor dining
area with up to four alcoholic beverages as long as the beverages are for the customer and other
individuals of legal drinking age in the same party and sitting at the same table as the customer. It shall
be unlawful for a customer to distribute alcohol to any person under the age of 21.
(3) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage
purchased outside of the Outdoor Refreshment Area.
(4) Beverages may be in containers made of glass, aluminum, plastic, or other materials; however, no
container shall exceed sixteen (16) fluid ounces in size.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (J)
in § 111.07 – Outdoor Refreshment Area of the Fayetteville City Code as follows:
“(J) Suspending or Revoking a Business’s Ability to Participate in an Outdoor Refreshment Area
(1) Grounds for Suspension or Revocation
(a) Valid complaints that the business is operating in a dangerously unsanitary or unhealthy manner, or
in such manner as to unreasonably and adversely affect the peace, health or safety of neighbors or other
Fayetteville residents.
(b) The business is delinquent in submitting Hotel, Motel and Restaurant or city alcohol tax forms or in
payment of the city's Hotel, Motel and Restaurant taxes or any other city or state taxes or required fees.
(c) The business is being operated in violation of any federal or state law or city ordinance or has had a
necessary state or city license suspended or revoked.
(2) Suspension or Revocation. Upon finding sufficient grounds, the Mayor or the Mayor’s designee may
do one of the following depending upon the seriousness of the grounds and any previous actions against
the business under this subsection:
(a) Probation. A business may be placed on probation status for not more than ninety (90) days on
condition that the grounds causing the problems will be remedied by the owner and not be allowed to
reoccur. If the owner complies with the probation, the probation status may be lifted with no further
action taken. If the Mayor or the Mayor’s designee determines that the owner has failed to correct the
problems or new grounds for suspension or revocation have occurred, the business shall be subject to an
extended probationary period, suspension, or revocation.
(b) Suspension. A business may be suspended from participating in the ORA program for a period of up
to ninety (90) days.
(c) Revocation. A business’s ability to participate in the ORA program may be revoked. Upon
revocation, a business shall not be eligible to participate in the ORA program for a period of at least one
year, after which time it may submit a request to the City to return as a program participant.
(3) Notice. The Mayor or the Mayor’s designee shall mail a letter to the business mailing address shown
in its business license application by first class mail notifying the business owner of the suspension or
revocation. The Mayor or the Mayor’s designee shall also telephone the business owner using the
business phone number provided in the business license application (as well as the emergency phone
number if the owner cannot be reached on the business phone number) and provide the same
information as is within the letter.
Ordinance: 6716
File Number: 2024-1671
Page 3
(4) Appeal to City Council. Any person or entity may appeal such suspension or revocation to the City
Council by providing the City Clerk's Office with a written request for City Council review within ten
(10) business days of the issuance of the suspension or revocation. The City Council may then
determine, after a public hearing in which the business license owner may present evidence and
explanations, whether the business’s ability to participate in the ORA program should be suspended for
not more than ninety (90) days, revoked because of the grounds presented, or that no suspension or
revocation is warranted.
(5) Additional Conditions After Suspension or Revocation. The Mayor or Mayor’s designee or, if
appealed, the City Council, may place additional conditions on any business that has been subjected to
suspension or revocation before the business is allowed to return as an ORA program participant.”
Evelyn Hills
(E) Conditions for Consumption of Alcoholic Beverages in the Evelyn Hills Outdoor Refreshment Area.
Any owner within the Evelyn Hills Outdoor Refreshment Area may allow a customers to exit the owner's
premises during regular hours of operation with no more than one (1) open container of alcoholic
beverages and consume said alcoholic beverages anywhere within the confines of the Outdoor
Refreshment Area in which the alcoholic beverage was obtained, subject to the following regulations:
(1) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic
Beverage Control Division with any alcoholic beverage that was not acquired at that location. A
customer may not enter any other establishment with an open or closed container of alcoholic
beverage without the consent of the owner or manager of the establishment.
(2) A customer may purchase and exit the owner’s premises and travel to an approved outdoor
dining area with up to four alcoholic beverages as long as the beverages are for the customer and
other individuals of legal drinking age in the same party and sitting at the same table as the
customer. It shall be unlawful for a customer to distribute alcohol for open consumption obtained
from a business participating in the Outdoor Refreshment Area to any other individual. to any
person under the age of 21.
(3) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage
purchased outside of the Outdoor Refreshment Area.
(4) Beverages may be taken from the premises in containers made of glass, aluminum, plastic, or
other materials; however, no container in which an alcoholic beverage is dispensed and removed
from the licensed premises shall exceed sixteen (16) fluid ounces in size.
Suspension or Revocation
(J) Suspending or Revoking a Business’s Ability to Participate in an Outdoor Refreshment Area
(1) Grounds for Suspension or Revocation
(a) Valid complaints that the business is operating in a dangerously unsanitary or unhealthy
manner, or in such manner as to unreasonable and adversely affect the peace, health
or safety of neighbors or other Fayetteville residents.
(b) The business is delinquent in submitting Hotel, Motel and Restaurant or city alcohol tax
forms or in payment of the city's Hotel, Motel and Restaurant taxes or any other city or
state taxes or required fees.
(c) The business is being operated in violation of any federal or state law or city ordinance
or has had a necessary state or city license suspended or revoked.
(2) Suspension or Revocation. Upon finding sufficient grounds, the Mayor or the Mayor’s designee
may do one of the following depending upon the seriousness of the grounds and any previous
actions against the business under this subsection:
(a) Probation. A business may be placed on probation status for not more than ninety (90)
days on condition that the grounds causing the problems will be remedied by the owner
and not be allowed to reoccur. If the owner complies with the probation, the probation
status may be lifted with no further action taken. If the Mayor or the Mayor’s designee
determines that the owner has failed to correct the problems or new grounds for
suspension or revocation have occurred, the business shall be subject to an extended
probationary period, suspension, or revocation.
(b) Suspension. A business may be suspended from participating in the ORA program for a
period of up to ninety (90) days.
(c) Revocation. A business’s ability to participate in the ORA program may be revoked.
Upon revocation, a business shall not be eligible to participate in the ORA program for a
period of at least one year, after which time it may submit a request to the City to return
as a program participant.
(3) Notice. The Mayor or the Mayor’s designee shall mail a letter to the business mailing address
shown in its business license application by first class mail notifying the business owner of the
suspension or revocation. The Mayor or the Mayor’s designee shall also telephone the business
owner using the business phone number provided in the business license application (as well as
the emergency phone number if the owner cannot be reached on the business phone number)
and provide the same information as is within the letter.
(4) Appeal to City Council. Any person or entity may appeal such suspension or revocation to the
City Council by providing the City Clerk's Office with a written request for City Council review
within ten (10) business days of the issuance of the suspension or revocation. The City Council
may then determine, after a public hearing in which the business license owner may present
evidence and explanations, whether the business’s ability to participate in the ORA program
should be suspended for not more than ninety (90) days, revoked because of the grounds
presented, or that no suspension or revocation is warranted.
(5) Additional Conditions After Suspension or Revocation. The Mayor or Mayor’s designee or, if
appealed, the City Council, may place additional conditions on any business that has been
subjected to suspension or revocation before the business is allowed to return as an ORA
program participant.
January 12, 2024
To the Fayetteville City Council,
The Downtown Fayetteville Coalition would like to share its SUPPORT of the ordinance
update to include suspension or revocation rules for the City of Fayetteville’s Outdoor
Refreshment Area (ORA) program. These updates will help the City and FPD effectively
monitor participating businesses and enforce when necessary to keep the integrity of
the program intact.
DFC appreciates our continued collaboration with city leadership and being allowed to
give input on these downtown conversations. Please join us by voting yes on the
proposed ordinance update.
Thank you for your continued efforts in making a strong and successful downtown.
Kelly Rich, Executive Director
Downtown Fayetteville Coalition (DFC)
MOCKINGBIRD KITCHEN LEIGH HELM AND CHRISTINE
SANDERSON
1466 North College Ave Fayetteville, AR
479-435-6333 | business@mockingbirdkitchen.com
1/11/2024
Devin Howland
Director Economic Vitality
City of Fayetteville
113 West Mountain St.
Fayetteville, AR
Dear Devin Howland :
The ability for customers to have alcoholic beverages on our patio has been an asset to our
business. Currently each customer is only able to carry their own drink to the table and not
anyone else’s. It would be helpful if one customer could carry multiple drinks to their table for
properly carded others.
We ask that the City council allow our customers to be able to carry more than one drink at a
time to our patio.
Sincerely,
Leigh Helm and Christine Sanderson
Form v1.43
NVN
Media� RECEIVED
FEB 13 2024
Account#: NWCL5004205
CITY OF FAYEl LVILLE
Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERK'S OFFICF
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 373823
PO #:
Matter of: ORD 6716
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTONBENTON county,State of ARKANSAS;that 1 was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6716
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county.and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$483.36.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/11/24;NWA nwaonline.com 02/11/24
dax_a,
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of February,2024 —" ,,,,,
' ;�o`� 14 •,, CATHERINE STAGGS
;.'.Tr).i MY COMMISSION#12402772
Cnay�,;• EXPIRES:February 28, 2025�''•'/^ ; *• Washington County
0411
NOTARY PUBLIC
Ordinance:6716 materials; however, no con- present evidence and explana-
File Number:2024-1671 tainer shall exceed sixteen(16) lions, whether the business's
OUTDOOR REFRESHMENT fluid ounces in size." ability to participate in the ORA
AREA(AMENDMENTS): Section 2:That the City Coun- program should be suspended
AN ORDINANCE TO AMEND cil of the City of Fayetteville, for not more than ninety(90)
§111.07 OUTDOOR REFRESH- Arkansas hereby enacts a new days,revoked because o1 the
MENT AREA TO AMEND THE subsection (J) in § 111.07— grounds presented.or that no
EVELYN HILLS OUTDOOR RE- Outdoor Refreshment Area of suspension or revocation is
FRESHMENT AREA PROVISIONS. the Fayetteville City Code as fol- warranted.
AND TO CREATE PROVISIONS lows: (5)Additional Conditions After
FOR SUSPENDING OR REVOKING "(J) Suspending or Revoking Suspension or Revocation.The
A BUSINESS'S ABILITY TO PAR- a Business's Ability to Partici- Mayor or Mayor's designee or,if
TICIPATE IN AN OUTDOOR RE- pate in an Outdoor Refreshment appealed,the City Council,may
FRESHMENT AREA Area place additional conditions on
WHEREAS,pursuant to Ark. (1)Grounds for Suspension or any business that has been sub-
Code Ann.§14-54-1412,the Revocation jetted to suspension or revoca-
City has established both tem- (a)Valid complaints that the tion before the business is
porary and permanent enter- business is operating in a don- allowed to return as an ORA
tainment districts, called gerously unsanitary or un- program participant."
Outdoor Refreshment Areas healthy manner, or in such PASSED and APPROVED on
(ORAs)permitting alcohol pos- manner as to unreasonably and February 6,2024
session in outdoor public adversely affect the peace, Approved:
spaces;and health or safety of neighbors or Lioneld Jordan,Mayor
WHEREAS, the Evelyn Hills other Fayetteville residents. Attest
ORA was created in part so that (b)The business is delinquent Kara Paxton.
patrons of Mockingbird Kitchen in submitting Hotel,Motel and City Clerk Treasurer
could possess and consume al- Restaurant or city alcohol tax This publication was paid for
coholic beverages on an out- forms or in payment of the city's by the City Clerk-Treasurer of
door patio and,after three years Hotel, Motel and Restaurant the City of Fayetteville.
of operation, Mockingbird taxes or any other city or state Arkansas.
Kitchen has requested an taxes or required fees. Amount Paid:$483.36
amendment to the ordinance, (c)The business is being op- Feb.11,2024 373823
which City staff supports, to erated in violation of any federal
permit a customer to carry up to or state law or city ordinance or
four alcoholic beverages from has had a necessary state or
the restaurant to their table for city license suspended or re-
other members of their party yoked.
(who have been verified to be of (2)Suspension or Revocation.
legal drinking age)with an em- Upon finding sufficient grounds,
ployee present,and the Mayor or the Mayor's de-
WHEREAS,City staff also rec- signee may do one of the fof-
ommends adopting provisions lowing depending upon the
for suspending or revoking a seriousness of the grounds and
business's ability to participate any previous actions against the
in an ORA to ensure businesses business under this subsection:
are being good neighbors and (a)Probation.A business may
adhering to all other federal or be placed on probation status
state law or city ordinances. for not more than ninety(90)
NOW,THEREFORE,BE IT OR- days on condition that the
DAINED BY THE CITY COUNCIL grounds causing the problems
OF THE CITY OF FAYETTEVILLE, will be remedied by the owner
ARKANSAS: and not be allowed to reoccur.If
Section 1:That the City Coun- the owner complies with the
cil of the City of Fayetteville, probation,the probation status
Arkansas hereby repeals sub- may be lifted with no further ac-
section(E)of§111.07-Out- tion taken.It the Mayor or the
door Refreshment Area of the Mayor's designee determines
Fayetteville City Code and en- that the owner has failed to cor-
acts a new subsection(E)as fol- rect the problems or new
lows: grounds for suspension or revo-
"(E)Conditions for Consump- cation have occurred,the busi-
tion of Alcoholic Beverages in ness shall be subject to an
the Evelyn Hills Outdoor Re- extended probationary period,
freshment Area. Any owner suspension,or revocation.
within the Evelyn Hills Outdoor (b) Suspension.A business
Refreshment Area may allow may be suspended from partic-
customers to exit the owner's ipating in the ORA program for
premises during regular hours a period of up to ninety(90)
of operation with alcoholic bey- days.
erages and consume said alco- (c)Revocation.A business's
holic beverages anywhere ability to participate in the ORA
within the confines of the Out- program may be revoked.Upon
door Refreshment Area in which revocation,a business shall not
the alcoholic beverage was ob- be eligible to participate in the
tained,subject to the following ORA program for a period of at
regulations: least one year,after which time
(1)It shall be unlawful for a it may submit a request to the
customer to enter any business City to return as a program par-
regulated by the Arkansas Alco- ticipant.
holic Beverage Control Division (3)Notice.The Mayor or the
with any alcoholic beverage that Mayor's designee shall mail a
was not acquired at that loco- letter to the business mailing
hen.A customer may not enter address shown in its business
any other establishment with an license application by first class
open or closed container of al- mail notifying the business
coholic beverage without the owner of the suspension or rev-
consent of the owner or man- ocation. The Mayor or the
agar of the establishment. Mayor's designee shall also
(2)A customer may purchase telephone the business owner
and exit the owner's premises using the business phone num-
and travel to en approved out- ber provided in the business li-
door dining area with up to four cense application (as well as
alcoholic beverages as long as the emergency phone number if
the beverages are for the cus- the owner cannot be reached on
tomer and other individuals of the business phone number)
legal drinking age in the same and provide the same informa-
party and sitting at the same tion as is within the letter.
table as the customer.It shall be (4)Appeal to City Council.Any
unlawful for a customer to dis- person or entity may appeal
tribute alcohol to any person such suspension or revocation
under the age of 21. to the City Council by providing
(3)No person shall publicly the City Clerk's Office with a
consume within the Outdoor Re- written request for City Council
freshment Area any alcoholic review within ten(10)business
beverage purchased outside of days of the issuance of the sus-
the Outdoor Refreshment Area. pension or revocation.The City
(4)Beverages may be in con- Council may then determine,
tainers made of glass, alu- after a public hearing in which
minum, plastic, or other the business license owner may