HomeMy WebLinkAboutOrdinance 6739113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6739
File Number: 2024-1879
ALCOHOLIC BEVERAGE PERMIT (FEE CAP REMOVAL):
AN ORDINANCE TO AMEND § 111.30 RETAIL IN CHAPTER I I I ALCOHOLIC BEVERAGES OF THE CITY
CODE TO REMOVE THE PERMIT FEE CAP OF $500.00 FOR CERTAIN RETAIL ALCOHOL PERMITS
WHEREAS, on April 7, 2020, the City Council approved Ordinance 6299, which authorized the issuance of retail
alcohol permits to an applicant who has received a permit from the State of Arkansas that does not conform to the types
listed in § 111.30 of the City Code; and
WHEREAS, Ark. Code Ann. § 3-4-202 authorizes the City to issue permits for retail alcohol sales and sets a cap for
the City fee to one-half of the fee collected by the Arkansas Alcoholic Beverage Control Board; and
WHEREAS, at the time Ordinance 6299 was adopted, the City Council further capped the City permit fee at no more
than $500.00; and
WHEREAS, the Accounting Division has identified two Alcoholic Beverage Control Board permit types, the "Grocery
Store Wine" and "Sampling Beer, Wine, and/or Spirits" permits with state fees of up to $2,500.00 and recommends
removing the $500.00 cap on the City permit fee.
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 amends §I I1.30(J) Other Permits by
striking "No annual permit fee shall exceed the amount of $500.00." from subsection (J)(1).
PASSED and APPROVED on April 16, 2024
Attest: �%��`�K�I tTRR11�i,/
v�FAYE1�EvlLLE'�=
Kara Paxton, City erk Treasurer ��'. �� ; • ��
. �9,Q ,SP • Z�.
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Page 1
Ordinance: 6739
File Number 2024-1879
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ I '2-q . 2-0
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 16, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Kristin Cavette, Accouting Director
SUBJECT: Alcoholic Beverage Permit Fee Cap Removal
CITY COUNCIL MEMO
RECOMMENDATION:
Amend City Code to remove alcohol permit fee cap of $500.00 listed under "Other Permits."
BACKGROUND:
2024-1879
The State of Arkansas has over 50 types of alcoholic beverage licenses with fees that are updated frequently,
while the City has less than 20 license types and no fee updates in over 20 years. To keep up with the State of
Arkansas in terms of permits and fees, the City ordinance needs to be updated. In August 2023, Hannah
Hungate, Assistant City Attorney, provided the Accounting Department staff with a memo detailing the fees that
the City could be charging to keep up with the State's fee changes, as well as an inclusive list of current State
permit types that could be implemented by the City of Fayetteville.
DISCUSSION:
Accounting's goal is to utilize the "Other Permits" section of the city ordinance to allow additional permitting for
those that are not currently specified in the ordinance, specifically the State permit types of "Grocery Store
Wine" (GSW) and "Sampling Beer, Wine, and/or Spirits" (SBWS). The GSW permit fee is based on the square
footage of the permitted space, which can range from $1,000 to $5,000, while the SBWS permit fee is
determined by the items that are being sampled. By removing the current City permit fee cap of $500 and
incorporating guidelines previously mentioned in the ordinance, the City permit fees shall not exceed one-half
of the state permit fee. The City would implement these permits with fees ranging from $500 to $2,500. This
change could increase permit fee revenue, which was previously limited due to the $500 fee cap.
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF (#3), Alcohol Permitting Memo - Permit Types & Fees (#4), Types of State Alcohol
Permits (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-1879
Alcoholic Beverage Permit Fee Cap Removal
AN ORDINANCE TO AMEND § 111.30 RETAIL IN CHAPTER 111 ALCOHOLIC BEVERAGES OF
THE CITY CODE TO REMOVE THE PERMIT FEE CAP OF $500.00 FOR CERTAIN RETAIL
ALCOHOL PERMITS
WHEREAS, on April 7, 2020, the City Council approved Ordinance 6299, which authorized the
issuance of retail alcohol permits to an applicant who has received a permit from the State of Arkansas
that does not conform to the types listed in § 111.30 of the City Code; and
WHEREAS, Ark. Code Ann. § 3-4-202 authorizes the City to issue permits for retail alcohol sales and
sets a cap for the City fee to one-half of the fee collected by the Arkansas Alcoholic Beverage Control
Board; and
WHEREAS, at the time Ordinance 6299 was adopted, the City Council further capped the City permit
fee at no more than $500.00; and
WHEREAS, the Accounting Division has identified two Alcoholic Beverage Control Board permit
types, the "Grocery Store Wine" and "Sampling Beer, Wine, and/or Spirits" permits with state fees of up
to $2,500.00 and recommends removing the $500.00 cap on the City permit fee.
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 amends § 111.30(J) Other
Permits by striking "No annual permit fee shall exceed the amount of $500.00." from subsection (J)(1).
Page 1
Katie Moore
Submitted By
City of Fayetteville Staff Review Form
2024-1879
Item ID
4/9/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/28/2024 ACCOUNTING & AUDIT (131)
Submitted Date Division / Department
Action Recommendation:
Removal of alcohol permit fee cap listed under "Other Permits" section in City Ordinance.
Account Number
Project Number
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Katie Moore, Accounting Clerk
CC: Blake Pennington, Senior Assistant City Attorney
Deborah Smallwood, Accounting Manager
Kristin Cavette, Accounting Manager
Sherry Pennington, Accounting
FROM: Hannah Hungate, Assistant City Attorney
DATE: August 29, 2023
RE: City -Issued Alcohol Permits
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
The purpose of this memorandum is to answer two questions: (1) for which alcohol
permits can the City charge a fee, and (2) what fee is the City allowed to charge? How to
enforce those fees and the alcohol taxes that can be charged will be the subject of future
memoranda.
1. For Which Permits Can the Ci . Charge a Fee?
Arkansas law allows municipalities to license and tax the manufacture and sale of
alcohol, provided that: (a) both the city and county aren t charging a license fee for the
same premises, and (b) the municipality's license fee never exceeds half the fee collected
by the Alcohol Beverage Control Board. See Ark. Code Ann. § 3-4-202(b); § 3-5-211; § 3-
5-213. Our own Code also allows the City to issue permits for "manufacturing,
transporting, storing, handling, receiving, distributing, selling, or dispensing, either at
wholesale or retail, any controlled beverage, except wine, within the city[.]"
FAYETTEVILLE, ARK. ORDINANCE § 111.03. This broad language lets the City issue permits
based on most activities involving alcohol.
That being said, the Code is ambiguous regarding permits for the manufacture and sale
of wine. § 111.01(A) specifically exempts wine from the alcoholic beverage regulations
in City Code Chapter 111. As does § 111.03(A), which makes it unlawful for any person
to manufacture, transport, store, handle, receive, distribute, sell, or dispense any
controlled beverage, except wine, without a permit. However, § 111.11 provides that it
is a misdemeanor for sellers of beer and light wine to operate without a valid city permit,
Page 1 of 6
and subsequent Code sections set forth the fees and requirements to obtain City permits
for manufacturing and selling wine. See, e.g., FAYETTEVILLE, ARK. ORDINANCE § 111.20(B)
(wholesale beer and light wine permit), § 111.30(B) (retail beer and light wine off -
premises permit), § 111.30(C) (retail beer and light wine on -premises permit), § 111.30(H)
(restaurant beer and wine permit).
It is possible this ambiguity arose from state law, which mandates that the State
regulatory statutes "shall not in any manner be construed to apply to the manufacture,
sale, and distribution of wines or vinous liquors manufactured, sold, and distributed by
residents of Arkansas." Ark. Code Ann. § 3-1-103(a). However, the Arkansas statue
clarifies that any wines not manufactured in the state are subject to Arkansas regulations,
a distinction absent from the City Code. Further, according to the staff attorney for the
Alcohol Beverage Control Board, even when alcohol is manufactured solely within the
state, the ABC requires the manufacturer to obtain a Small Winery Permit. At some point,
it may be worth considering a Code revision which clarifies that wine is subject to the
City's alcohol permitting power.
2. What Permit Fees Can the City Charge?
The State grants the City a wide latitude in setting alcohol permit fees, so long as those
fees do not exceed 50% of those charged by the State.' Below is a table containing each
alcohol permit currently enumerated in the City's Code and a maximum dollar amount
the City could charge for the permit, if it so chose:
Permit
Description
Fee Currently Charged
Fee the City
Could Charge
Authorizes the purchase from
licensed manufacturers or importers
of spirituous and vinous beverages or
$1,250
malt liquor containing more than 5%
Wholesale Liquor
alcohol by weight, and the sale of
(comparing to
Permit
such beverages to persons holding a
$500
State Minimum
valid liquor off -premises permit or a
Wholesale
hotel, motel or restaurant on -
L1gUOr Permit)
premises consumption permit.
Code § 111.20(A)
1 For a list of State alcohol permits that are available, please see the attached Table.
Page 2 of 6
Authorizes the purchase of beer, light
wine or malt liquor from a licensed
Wholesale Beer
manufacturer or importer and the
$500 per county
sale of such beverages to retailers
where
and Light Wine
holding a valid permit to sell beer,
$125
distributor
Permit
light wine or malt liquor for
consumption on or off the premises.
operates
Code § 111.20(B)
Authorizes the purchase of spirituous
and vinous beverages from any
person holding a valid wholesale
Retail Liquor Off-
liquor permit and the sale of such
$250
$425
Premises Permit
beverages at retail to consumers for
consumption off the premises.
Code § 111.30(A)
Gross annual
sales $1,000 or
$15
Authorizes the purchase of beer, light
less
wine, or malt liquor containing less
$15 + 1/2 cent
than 5% alcohol by weight from
$175
Retail Beer and
wholesalers holding a valid permit
Gross annual
per dollar of
com to
(comparing g
Light Wine Off-
and the sale of such controlled
sales eater
gross sales in
State Retail Beer
Premises Permit
beverages for consumption off the
g p
premises described in the permit.
than $1,000
excess of
Permit)
$1,000
Code § 111.30(B)
Applicants with
no sales history
$40
Gross annual
sales $1,000 or
$15
Authorizes the purchase of beer, light
less
wine, or malt liquor containing less
$15 + 1 /2 cent
Retail Beer and
than 5%alcohol by weight from a
wholesaler holding a valid permit
Gross annual
per dollar of
$175
(comparing to
Light Wine On-
and the sale of such controlled
sales greater
gross sales in
State Retail Beer
Premises Permit
beverages for consumption on or off
than $1,000
excess of
the premises described in the permit.
$1,000
Permit)
Applicants with
Code § 111.30(C)
no sales history
$40
Page 3 of 6
Authorizes the purchase of any
controlled beverages from persons
holding an off -premises retail liquor
or beer permit who have been
designated by the director of the State
Alcoholic Beverage Control Board as
$750 (wet area)
Private Club
a private club distributor, and
$125
$1,500 (dry
Permit
authorizes the dispensing of such
area)
beverages for consumption on the
premises of the private club to
members and guests only of the
private club.
Code § 111.30(D)
Hotels with
fewer than 100
$250
$375
Authorizes the purchase of any
rooms
controlled beverages from persons
Hotels with 100
$500
$750
On -Premises
holding a valid wholesale permit and
or more rooms
the sale of such beverages for
Consumption—
consumption on the premises of the
Restaurants with
Hotel, Motel or
restaurant described in the permit or
seating capacity
$250
$375
Restaurant Permit
in -room hospitality units of the hotel
of less than 100
or motel described in the permit.
people
Code § 111.30(E)
Restaurants with
seating capacity
$500
$750
of 100 people or
more
Authorizes the sale of all types of
controlled beverages by a facility
which houses a convention center
activity, or tourism activity where
such establishment has a seating
Large Attendance
capacity of not less than five hundred
Facility Permit
(500) people and which serves
$500
$1,250
controlled beverages only on the
premises on days that meals and food
are served at one (1) or more places
on the premises.
Code § 111.30(F)
Authorizes the purchase of alcoholic
beverages from a retailer to transport
to a private function which is being
Off -Premises
catered by the permit holder and to
Caterer Permit
serve alcoholic beverages to attendees
$250
$250
of the private function in conjunction
with catered food.
Code § 111.30(G)
Page 4 of 6
Gross annual
sales $1,000 or
$15
less
Authorizes a restaurant which has a
$15 + 1/2 cent
valid state Restaurant Beer and Wine
Restaurant Beer
Permit to obtain a City of Fayetteville
Gross annual
per dollar of
and Wine Permit
Restaurant Beer and Wine Permit for
sales greater
gross sales in
$175
the retail sale of beer and wine.
than $1,000
excess Of
Code § 111.30(H)
$1,000
Applicants with
$40
no sales history
Caterers with on -premises
Satellite Catering
consumption - hotel, motel and
restaurant permits authorized by
Permit to Serve
subsection (E) may cater alcoholic
Large Meeting or
beverages in the Fayetteville Town
$250
$500
Attendance
Center and other large meeting and
Facility
attendance facilities.
Code § 111.30(I)
The Mayor or designee is authorized
to issue a permit to an applicant who
has received a permit from the State
Other Permits
of Arkansas that does not conform
1/2 the fee established by the
See discussion
with another permit type listed in
State, not to exceed $500
below
section.
Code § 11.30U)
Manufacture and
Authorizes the manufacture or
sale of spiritous
$500
$500
distilling of spirituous or vinous
liquors
Liquor
(except wine) liquors, and the sale to
Manufacturing
persons holding valid permits to
Permit
wholesale or import such liquors.
Manufacture and
sale of vinous
$250
$250
Code § 111.40(A)
(except wine)
liquors
Authorizes the manufacture of beer
containing not in excess of five
Beer
percent alcohol by weight, and the
Manufacturing
sale of such beer to persons holding a
$250
$375
valid permit to wholesale or import
Permit
such beer.
Code § 111.40(B)
Page 5 of 6
Authorizes the rectifying, purifying,
mixing, blending, or flavoring of
Rectifying Permit
spirituous liquors or the bottling,
�^ ,rehousing, or other handling or
distribution of rectified distilled
$750
$750
spirits.
Code § 111.40(C)
For the permits falling into the "Other' category, the City could theoretically charge fees
well in excess of $500 if it were to remove the $500-cap from the Code. For example, a
grocery store wine permit for a store greater than 75,000 square feet has a permit fee of
$5,000 at the State-level.2 Therefore, if the Code did not contain the cap, the City could
charge a $2,500-fee for the corresponding City permit.
If the City would prefer to raise some of the above fees to reflect the maximum allowed
by the State, the City could do so by either: (a) amending each Code section to substitute
the new values, or (b) incorporating language into each section or into a newly -created
section that mirrors that in the subsection for "Other' permits:
The amount of the fee shall be one-half of the license fee collected by the
State of Arkansas. Any new permit issued pursuant to this subsection
between January 1st and June 30th shall be at one-fourth of the license fee
collected by the State of Arkansas. No ammal Permit fee shall exceed the
amount of $500.00.
FAYETTEVILLE, ARK. ORDINANCE § 111.30(J)(1).
CONCLUSION
Arkansas cities enjoy broad discretion in developing alcohol permits and setting license
fees. The City can amend its Code to introduce any of the state permits listed in the
attached table, or it can continue to utilize the "other' category for those applicants that
don't fall cleanly into the Code's listed categories. Further, if the City wished to change
its permit fees to better reflect the state maximums listed above in red, it may do so by
amending the Code, as well as reconsidering its self-imposed $500 cap.
2 For perspective, the average Walmart Supercenter is around 200,000 square feet, and the average Sam's
Club is around 134,000. The Neighborhood Market in South Fayetteville is around 43,000 square feet,
which means the City could charge a $1,750 wine permitting fee if there were no cap.
Page 6 of 6
Types of State Alcohol Permits
Permit
Purpose
Fee
Statute
Bed and Breakfast Private Club
Serving alcohol at breakfast to
Permit
guests; must have 20 or fewer guest
$75
Ark. Code Ann. § 3-9-222(b)(2)
rooms on the premises
Beer and Light Wine Permit
Wholesale dealing, brokering, or
distributing light wine or beer
$750
Ark. Code Ann. § 3-5-205(a)(2)
Beer Festival Permit
Selling beer, malt beverages, and
hard cider on festival grounds
$250 per event
Ark. Code Ann. § 3-5-105(e)
Beer Manufacturing Permit
Manufacturing beer products for
purpose of resale
$750
Ark. Code Ann. § 3-5-205(a)(2)
Beer Off -Premises Permit
Selling beer or malt liquor for off-
$350
Alcohol Beverage Control application
premises consumption
Beer On -Premises Permit
Selling beer or malt liquor for on-
or off -premises consumption
$350
Alcohol Beverage Control application
Producing 45,000 barrels or less of
Brewing Facility Permit
beer, malt, and hard cider at a
$0
Ark. Code Ann. § 3-5-1405(a)(9)
brewing facility
Direct Shipment Permit
Directly shipping vinous liquors
into or within Arkansas
$25
Ark. Code Ann. § 3-5-1703(b)
Page 1 of 9
Distilling spiritous liquors or
manufacturing malt liquors
$1,000 per plant'
Ark. Code Ann. § 3-4-602(h)(1)
Manufacturing vinous liquors
(except small farm wines)
$500 per plant
Ark. Code Ann. § 3-4-602(h)(2)
Distiller's Permit
Distilling brandy or spiritous
liquors for use in fortifying native
$250 per plant
Ark. Code Ann. § 3-4-602(h)(3)
wines
Excursion Train Permit
Selling and serving alcohol on a
train
$200
Ark. Code Ann. § 3-4-612(g)
Selling wine and hard cider in a
grocery store less than 35,001
$1,000
Ark. Code Ann. § 3-5-1802(d)(2)(A)
square feet in size
Selling wine and hard cider in a
grocery store between 35,001 and
$2,500
Ark. Code Ann. § 3-5-1802(d)(2)(B)
50,000 square feet in size
Grocery Store Wine Permit
Selling wine and hard cider in a
grocery store between 50,001 and
$3,500
Ark. Code Ann. § 3-5-1802(d)(2)(C)
75,000 square feet in size
Selling wine and hard cider in a
grocery store more than 75,000
$5,000
Ark. Code Ann. § 3-5-1802(d)(2)(D)
square feet in size
Hard Cider Manufacturing Permit
Manufacturing hard cider
$300 per plant
Ark. Code Ann. § 3-4-611(f)
' The statute lists this fee as being $300, but ABC cites the same code section to set the fee at $1,000.
Page 2 of 9
Selling hard cider for off -premises
Hard Cider Manufacturing Tap
consumption and hard cider, beer,
Room
malt beverages, and wine for off-
$0
Ark. Code Ann. § 3-4-611(k)
premises consumption through a
tap room
Hard Cider Manufacturing
Selling and transporting hard cider
$250
Ark. Code Ann. § 3 -4-611 (e)(2)(C)
Wholesale Permit
in the state
Selling alcohol for on -premises
consumption in a hotel with fewer
$750
Ark. Code Ann. § 3-9-212(a)
than 100 rooms
Selling alcohol for on -premises
consumption in a hotel with 100 or
$1,500
Ark. Code Ann. § 3-9-212(a)
more rooms
Hotel -Motel -Restaurant Permit
Selling alcohol for on -premises
consumption in a restaurant with a
$750
Ark. Code Ann. § 3-9-212(a)
seating capacity of fewer than 100
people
Selling alcohol for on -premises
consumption in a restaurant with a
$1,500
Ark. Code Ann. § 3-9-212(a)
seating capacity of 100 people or
more
Distributing alcohol in a hotel with
$1,500
Ark. Code Ann. § 3-9-240(h)(1)
Hotel or Large -Event Facility
at least 80 rooms
Private Club Permit
Distributing alcohol in a large
$2,500
Ark. Code Ann. § 3-9-240(h)(2)
event facility
Page 3 of 9
Large Attendance Facility Mixed
Selling mixed drinks at a large
$3,000
Ark. Code Ann. § 3-9-227(b)(2)
Drink Permit
attendance facility
Selling or serving alcohol for on -
Large Meeting or Attendance
premises consumption at a facility
$2,500
Ark. Code Ann. § 3-9-212(a)
Facility Permit
capable of housing at least 500
people
Operating a layout center as a
publicly -traded corporation with its
Layout Center Permit
principal place of business in
$100
Ark. Code Ann. § 3-4-610(f)
Arkansas and who is already
permitted to sell alcohol
Microbrewery Restaurant
Distributing up to 45,000 barrels of
Distribution Permit
beer, malt beverages, and hard
$200
Ark. Code Ann. § 3-5-1205(3)
cider
Manufacturing 45,000 or fewer
Microbrewery Restaurant Permit
barrels of beer, malt beverages, or
$750
Ark. Code Ann. § 3-5-1205(a)
hard cider per year
Microbrewery-Restaurant Private
Manufacturing and selling beer, malt beverages, and hard cider to
$1,500
Ark. Code Ann. § 3-5-1906(a);
Club Permit
club members
Alcohol Control Board Rules § 5.85
Military Service Club Mixed Drink
Selling alcohol in service clubs on
Permit
Arkansas -owned military
$750
Ark. Code Ann. § 3-4-706(c)(3)(A)
reservations
Page 4 of 9
Selling fewer than 20,000 total
Minimum Wholesale Liquor Permit
cases of spiritous liquors, wine,
hard cider, and malt liquor at
$2,500 per establishment
Ark. Code Ann. § 3-4-607(i)(1)
wholesale
Selling beer, malt beverages, and
Native Beer — Retail Permit
hard cider produced by small
$15
Ark. Code Ann. § 3-5-1406(b)
brewers and microbreweries
Native Beer — Wholesale Permit
Selling beer manufactured in
Arkansas at wholesale
$50'
{Ark. Code Ann. § 3-5-1406(c)}
Manufacturing and selling brandy,
Native Brandy Permit
cordials, and distillates produced
$250
Ark. Code Ann. § 3-6-104(c)-(e)
solely in Arkansas
Distributing fewer than 200 barrels
of beer or malt to any wholesale
$3003
Ark. Code Ann. § 3-5-1306(b)(1)(A)
dealer or distributor
Distributing between 200 and 1,000
Nonresident Beer Seller's Permit
barrels of beer or malt to any
$1,000
Ark. Code Ann. § 3-5-1306(b)(1)(B)
wholesale dealer or distributor
Distributing more than 1,000
barrels of beer or malt to any
$2,000
Ark. Code Ann. § 3-5-1306(b)(1)(C)
wholesale dealer or distributor
Off -Premises Caterer's Permit
Catering a private event that
includes alcohol
$500
Ark. Code Ann. § 3-4-902(b)
2 ABC claims this fee is set out in Ark. Code Ann. § 3-5-1406(c). However, that subsection doesn't exist, so it's unclear where this fee comes from.
3 The ABC charges $300 for this permit, but the statute requires a $350 permit. The ABC fee is listed here.
Page 5 of 9
On -Premises Wine Permit
Selling wine for on -premises
$500
Ark. Code Ann. § 3-9-601(2)(B)(i)
consumption
Distributing alcohol in a restaurant
Pari-Mutuel Mixed Drink Permit
where pari-mutuel wagering is
$3,000
Ark. Code Ann. § 3-9-238(b)
authorized
Post Exchange Package Permit
Selling alcohol at post exchange
facilities controlled by the militia
$1,000
Ark. Code Ann. § 3-4-701(c)
Distributing alcohol in a private
nonprofit club located in a "wet"
$1,500
Ark. Code Ann. § 3-9-222(b)(1)
area
Private Club Permit
Distributing alcohol in a private
nonprofit club located in a "dry"
$3,000
Ark. Code Ann. § 3-9-222(b)(3)
area
Rectifier's Permit
Rectifying, blending, or flavoring
spiritous liquors
$1,500 per plant
Ark. Code Ann. § 3-4-603(h)
Restaurant Beer and Wine Permit
Selling beer, wine, and hard cider
on behalf of a restaurant
$350
Ark. Code Ann. § 3-4-1001(c)
Restaurant Wine Permit
Serving wine for on -premises
consumption at a restaurant or caf6
$300
Ark. Code Ann. § 3-9-301(3)(B)
Retail Beer Permit
Selling beer to private citizens
$350
Arkansas Beverage Control application
Operating a dispensary for vinous
Ark. Code Ann. § 3-4-604(g)•'
Retail Liquor Permit
(except wines), spiritous, malt
$850
Ark. Code Ann. § 3-7-111(a)(1)(C)
liquors, and hard cider
Page 6 of 9
$250 for either a wine permit,
Conducting alcohol taste -testing
beer permit, or spirits permit
Sampling Permit
events
Ark. Code Ann. § 3-5-104(f)(1)
$1,000 for a combined wine,
beer, and spirits permit
Serving alcoholic beverages as a
Satellite Catering Permit
hotel, motel, or restaurant at a large
$500
Ark. Code Ann. § 3-9-202(16)(B)(ii)(c)
meeting or attendance facility
Manufacturing and selling fewer
Small Brewery Permit
than 45,000 barrels of beer, malt
$300
Ark. Code Ann. § 3-5-1408(1)
beverages, and hard cider per year
Manufacturing 5,000 gallons of
$200
Ark. Code Ann. § 3-5-1605(a)(1)
wine or less
Small Farm Winery —
Manufacturing more than 5,000
Manufacturer Permit
gallons of wine
$400
Ark. Code Ann. § 3-5-1605(a)(2)
Small Farm Winery Private-
Shipping wine from a small farm
$25
Ark. Code Ann. § 3-5-1710(c)
Resident Shipping Permit
winery to Arkansas residents
Small Farm Winery — Retail Permit
Selling small farm winery wine
$100 per retail dealer's license
Ark. Code Ann. § 3-5-1605(a)(4)
Small Farm Winery — Wholesale
Shipping by a small farm winery of
$25
Ark. Code Ann. § 3-5-1710(a)(2)
Permit
its wine
Purchasing 560 liters or less of
Small Restaurant Permit
spiritous liquors from a liquor
$300
Ark. Code Ann. § 3-9-239(c)
wholesaler
Page 7 of 9
Suppliers Permit
Supplying spiritous or vinous
liquor
$50
Ark. Code Ann. § 3-4-608(b)(3)
Tap Room Permit
Operates no more than 2 small
brewery tap rooms
$0
Ark. Code Ann. § 3-5-1405
Selling beer at a function sponsored
Temporary Beer Permit
by a nonprofit organization that
$50
Ark. Code Ann. § 3-4-105(b)(1)(A)
lasts fewer than 5 days
Selling hard cider at a function
Temporary Hard Cider Permit
sponsored by a nonprofit
organization that lasts fewer than 5
$50
Ark. Code Ann. § 3-4-105(b)(1)(D)
days
Selling spirits at a function
Temporary Spiritous Beverage
sponsored by a nonprofit
$50
Ark. Code Ann. § 3-4-105(b)(1)(C)
Permit
organization that lasts fewer than 5
days
Temporary Wine Charitable
Selling wine by a nonprofit at a
$50
Ark. Code Ann. § 3-5-1506(b)
Auction Permit
charitable auction
Selling wine at a function
Temporary Wine Permit
sponsored by a nonprofit
organization that lasts fewer than 5
$50
Ark. Code Ann. § 3-4-105(b)(1)(B)
days
Additional permit for storing,
Ark. Code Ann. § 3-4-605;
Whole Liquor Permit
transporting, and selling at
$10,000
Ark. Code Ann. § 3-7-111(a)(1)(D)
wholesale alcohol
Page 8 of 9
Selling beer, malt liquor, or
$1,000 per county where the
Wholesale Beer Permit
spiritous beverages to those with a
broker, distributor, or dealer
Ark. Code Ann. § 3-5-101;
license to sell for on- or off-
operates (not to exceed
Ark. Code Ann. § 3-5-205(a)(1)(A)
premises consumption
$5,000)
Storing, transporting, and selling
Wholesaler Permit
spirituous liquor, wine, beer, hard
$700
Ark. Code Ann. § 3-4-6050)(2)
cider, or malt liquors at wholesale
Wholesaler Support Center Permit
Storing beer and malt at a
wholesaler's facility
$2 000
'
Ark. Codc Ann. § 3-5-1306(d)
Page 9 of 9
Form v1.46
NW4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701 APR 2 3 2024
Ad number#: 394990
PO#: CCITYC FRKOF ED
Matter of: ORD 6739
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 I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6739
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$129.20.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 04/21/24;NWA ntirunnline.coin 04/21/24
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 23rd day of April,2024
•0+� ' •.; CATHERINE STAGGS
. ' .F MY COMMISSION It 12402772
C �� L EXPIRES: February 28, 2025
AL 4 r-e—S+ 61) •;�KAti �` Washington County
VO � r _
NOTARY PUBLIC
Ordinance:6739
Fie Number:2024-1879
ALCOHOLIC BEVERAGE PER-
MIT(FEE CAP REMOVAL):
MI ORDINANCE TO AMEND
§111.30 RETAIL IN CHAPTER
111 ALCOHOLIC BEVERAGES OF
THE CITY CODE TO REMOVE THE
PERMIT FEE CAP OF S500.00
FOR CERTAIN RETAIL ALCOHOL
PERMITS
WHEREAS,on April 7,2020,
the City Council approved Ordi-
nance 6299,which authorized
the issuance of retail alcohol
permits to an applicant who has
received a permit from the State
of Arkansas that does not con-
form to the types listed in§
111.30 of the City Code;and
WHEREAS,Ark.Code Ann.§
3-4-202 authorizes the City to
issue permits for retail alcohol
sales and sets a cap for the City
fee to one-half of the fee col-
lected by the Arkansas Alcoholic
Beverage Control Board;and
WHEREAS,at the time Ordi-
nance 6299 was adopted,the
City Council further capped the
City permit lee at no more than
$500.00:and
WHEREAS,the Accounting Di-
vision has identified two Alco-
holic Beverage Control Board
permit types,the"Grocery Store
Wine' and 'Sampling Beer,
Wine, and/or Spirits' permits
with state fees of up to
$2,500.00 and recommends re-
moving the$5O0.00 cap on the
City permit fee.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
§111.30)J) Other Permits by
striking"No annual permit fee
shall exceed the amount of
$500.00." from subsection
(JI(1)•
PASSED and APPROVED on
April 16.2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton.
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville.
Arkansas.
Amount Paid:$129.20
April 21,2024 394990
