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Home My WebLink About191-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 191-24 File Number: 2024-225 SUNDAY ALCOHOL SALES (GENERAL ELECTION QUESTION): A RESOLUTION CALLING FOR AN ELECTION TO BE HELD DURING THE NEXT GENERAL ELECTION (NOVEMBER 5, 2024) ON THE QUESTION OF AUTHORIZING SUNDAY SALES OF ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION IN FAYETTEVILLE, ARKANSAS WHEREAS, a proposed local option election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville, Arkansas was initiated by citizen petition; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton has verified 4,296 Fayetteville qualified electors' signatures on proper petitions were filed with the City Clerk which is over the required 15% of the qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election to successfully call the election; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is authorized to file her verification of sufficient Fayetteville electors' signatures on proper petitions filed in her office to call this election with the Washington County Clerk; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is requested to also file a certified copy of this Resolution Calling For An Election To Be Held During The Next General Election (November 5, 2024) On the Question of Authorizing Sunday Sales Of Alcoholic Beverages for Off -Premises Consumption In Fayetteville, Arkansas, with the Washington County Clerk; and WHEREAS, the City of Fayetteville requests that the Washington County Quorum Court order that this election be called and included within the next General Election pursuant to A.C.A. § 3-3-210 (b) and A.C.A. § 3-9-206 (b). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms City Clerk/Treasurer Kara Paxton's verification of sufficiency of the citizens' petition to call an election for the next General Election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby calls that an election on the question of authorizing Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville be included within the General Election of November 5, 2024. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that in accordance with Page 1 Resolution: 191-24 File Number.' 2024-225 A.C.A. § 7-11-204, § 3-3-210 (b) and § 3-9-206 the ballot for this election ballot shall be printed substantially as follows: "FOR THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW. AGAINST THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the ballot title shall be: Whether or not to Authorize the Sale of Alcoholic Beverages for Off -Premises Consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight within the City of Fayetteville, Arkansas. PASSED and APPROVED on July 16, 2024 Attest: 01%1► i 1111111ti fizz, O,4� •G� -/a q�? - c • �� • FAYETf : VII.r — Kara Paxton, City C} rk Treasurer GrON Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 16, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Kit Williams, City Attorney FROM: Kit Williams, City Attorney SUBJECT: Calling Election for Sunday Sales of Alcoholic Beverages for Off -Premise Consumption. RECOMMENDATION: 2024-225 Staff recommends that the City Council confirm City Clerk/Treasurer Kara Paxton's verification of sufficiency of the citizens' petition to call an election for the next General Election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville. BACKGROUND: A proposed local option election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville, Arkansas was initiated by citizen petition. Fayetteville City Clerk/Treasurer Kara Paxton has verified 4,296 Fayetteville qualified electors' signatures on proper petitions were filed with the City Clerk which is over the required 15% of the qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election to successfully call the election. Fayetteville City Clerk/Treasurer Kara Paxton is authorized to file her verification of sufficient Fayetteville electors' signatures on proper petitions filed in her office to call this election with the Washington County Clerk. Fayetteville City Clerk/Treasurer Kara Paxton is requested to also file a certified copy of this Resolution Calling For An Election To Be Held During The Next General Election (November 5, 2024) On the Question of Authorizing Sunday Sales Of Alcoholic Beverages for Off -Premises Consumption In Fayetteville, Arkansas, with the Washington County Clerk. The City of Fayetteville requests that the Washington County Quorum Court order that this election be called and included within the next General Election pursuant to A.C.A. § 3-3-210 (b) and A.C.A. § 3-9-206 (b). DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Sunday Sales Memo (#3), City Clerk - Signed Letter Certifying Signatures (#4) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-225 Calling Election for Sunday Sales of Alcoholic Beverages for Off -Premise Consumption. A RESOLUTION CALLING FOR AN ELECTION TO BE HELD DURING THE NEXT GENERAL ELECTION (NOVEMBER 5, 2024) ON THE QUESTION OF AUTHORIZING SUNDAY SALES OF ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION IN FAYETTEVILLE, ARKANSAS WHEREAS, a proposed local option election to authorize Sunday sales of alcoholic beverages for off - premises consumption in Fayetteville, Arkansas was initiated by citizen petition; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton has verified 4,296 Fayetteville qualified electors' signatures on proper petitions were filed with the City Clerk which is over the required 15% of the qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election to successfully call the election; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is authorized to file her verification of sufficient Fayetteville electors' signatures on proper petitions filed in her office to call this election with the Washington County Clerk; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is requested to also file a certified copy of this Resolution Calling For An Election To Be Held During The Next General Election (November 5, 2024) On the Question of Authorizing Sunday Sales Of Alcoholic Beverages for Off -Premises Consumption In Fayetteville, Arkansas, with the Washington County Clerk; and WHEREAS, the City of Fayetteville requests that the Washington County Quorum Court order that this election be called and included within the next General Election pursuant to A.C.A. § 3-3-210 (b) and A.C.A. § 3-9-206 (b). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms City Clerk/Treasurer Kara Paxton's verification of sufficiency of the citizens' petition to call an election for the next General Election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby calls that an election on the question of authorizing Sunday sales of alcoholic beverages for off -premises consumption in Page 1 Resolution: 191-24 File Number. 2024-225 Fayetteville be included within the General Election of November 5, 2024. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that in accordance with A.C.A. § 7-11-204, § 3-3-210 (b) and § 3-9-206 the ballot for this election ballot shall be printed substantially as follows: "FOR THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW. AGAINST THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the ballot title shall be: Whether or not to Authorize the Sale of Alcoholic Beverages for Off -Premises Consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight within the City of Fayetteville, Arkansas. Page 2 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council. Kara Paxton, City Clerk/ Treasurer CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Ofi FROM: Kit Williams, City Attorney DATE: June 12, 2024 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Calling Election for Sunday Sales of Alcoholic Beverages for Off -Premise Consumption The registered voters of the City of Fayetteville have called by petition for an election to decide whether or not alcoholic beverages for off -premises consumption may be sold in Fayetteville during Sundays. Elections in surrounding cities such as Springdale and Greenland have authorized such Sunday sales. City Clerk/Treasurer Kara Paxton and her staff have examined thousands of signatures on petitions calling for this Sunday sales election. She and her staff have determined that the petitions for this election contain at least 4,216 valid signatures of qualified Fayetteville electors which exceeds the required 15% of qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election. Her certification which will be provided to the Washington County Clerk will be included in this Agenda item. Now that the citizens' petition for election has been certified by City Clerk/Treasurer Kara Paxton, the City Council has the duty to pass the Resolution calling for the election which will also be submitted to the Washington County Clerk. This election will be part of the General Election of November 5, 2024 and included on the ballot. If anyone has any questions, please contact me prior to the City Council Meeting if possible. Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Becky Lewallen Washington County Clerk 280 N. College Ave. Ste. 300 Fayetteville, AR 72701 June 24, 2024 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov RE: Citizens' Petition to Call Election to Authorize the Sale of Alcoholic Beverages For Off -Premises Consumption on Sunday within the City Limits of Fayetteville, Arkansas Between The Hours Of 10:00 a.m. and 12:00 a.m. midnight Dear Becky Lewallen, Attached is a true copy of the petition that was circulated to obtain Fayetteville electors' signatures to place the Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville on the General Election ballot. These filled out petitions were filed in my office and examined by myself and my staff to verify the signatures of qualified Fayetteville electors. I hereby certify that the petitions filed in my office contain at least 4,296 valid signatures of qualified Fayetteville electors which exceeds 15% of qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election in which the office appeared on the ballot State of Arkansas County of Washington -� 19 A Kara Paxton, M C, CAMC Fayetteville City Clerk Treasurer ACKNOWLEDGMENT On this the 24th of June, 2024, before me, a Notary Public, personally appeared Fayetteville City Clerk Treasurer Kara Paxton, known to me to be the person whose name is signed above to certify the sufficiency of the Fayetteville electors' petition for the election to authorize the sale of alcoholic beverages for off -premises consumption on Sundays in Fayetteville. In witness whereof I hereunto set my hand and official seal Y•S pC SEAL NTaRr'' 'N= y'y • E's i t �$ •' ��`� ice' pN +ou`r(````` 1 ;U � 1 Notary Public j c� �7 My Commission Expires: I ' oS L `�>3Z Z014 JUL 18 Pr1 2: 37 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 191-24 File Number: 2024-225 SUNDAY ALCOHOL SALES (GENERAL ELECTION QUESTION): A RESOLUTION CALLING FOR AN ELECTION TO BE HELD DURING THE NEXT GENERAL ELECTION (NOVEMBER 5, 2024) ON THE QUESTION OF AUTHORIZING SUNDAY SALES OF ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION IN FAYETTEVILLE, ARKANSAS WHEREAS, a proposed local option election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville, Arkansas was initiated by citizen petition; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton has verified 4,296 Fayetteville qualified electors' signatures on proper petitions were filed with the City Clerk which is over the required 15% of the qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election to successfully call the election, and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is authorized to file her verification of sufficient Fayetteville electors' signatures on proper petitions filed in her office to call this election with the Washington County Clerk; and WHEREAS, Fayetteville City Clerk/Treasurer Kara Paxton is requested to also file a certified copy of this Resolution Calling For An Election To Be field During The Next General Election (November 5. 2024) On the Question of Authorizing Sunday Sales Of Alcoholic Beverages for Off -Premises Consumption In Fayetteville. Arkansas, with the Washington County Clerk; and WHEREAS, the City of Fayetteville requests that the Washington County Quorum Court order that this election be called and included within the next General Election pursuant to A.C.A. § 3-3-210 (b) and A.C.A. § 3-9-206 (b). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby confirms City Clerk/Treasurer Kara Paxton's verification of sufficiency of the citizens' petition to call an election for the next General Election to authorize Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby calls that an election on the question of authorizing Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville be included within the General Election of November 5, 2024. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that in accordance with Page 1 Resolution: 191-24 File Number: 2024-225 A.C.A. § 7-11-204, § 3-3-210 (b) and § 3-9-206 the ballot for this election ballot shall be printed substantially as follows: "FOR THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW. AGAINST THE OFF -PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN FAYETTEVILLE, ARKANSAS, AS AUTHORIZED BY LAW. - Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the ballot title shall be: Whether or not to Authorize the Sale of Alcoholic Beverages for Off -Premises Consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight within the City of Fayetteville, Arkansas. PASSED and APPROVED on July 16, 2024 Page 2 Attest: Kara Paxton, City Cl6rk Treasurer vie,/'//':,('r• •,;,;`, `�. Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Becky Lewallen `� �� o r Washington County Clerk v' r"I n c.. �! 280 N. College Ave. Ste. 300 � Fayetteville, AR 72701 z 7 3CO — r*i June 24, 2024-- �.. -� �nr N RE: Citizens' Petition to Call Election to Authorize the Sale of Alcoholic Beverages For Off -Premises Cgpti4on Sunday within the City Limits of Fayetteville, Arkansas Between The Hours Of 10:00 a.m. and 12:00 a.m. mRlftght Dear Becky Lewallen, Attached is a true copy of the petition that was circulated to obtain Fayetteville electors' signatures to place the Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville on the General Election ballot. These filled out petitions were filed in my office and examined by myself and my staff to verify the signatures of qualified Fayetteville electors. I hereby certify that the petitions filed in my office contain at least 4,296 valid signatures of qualified Fayetteville electors which exceeds 15% of qualified electors who cast a vote in Fayetteville for the Office of Governor in the last general election in which the office appeared on the ballot. , I/ /_—) , Kara Paxton, MMC, CAMC Fayetteville City Clerk Treasurer ACKNOWLEDGMENT State of Arkansas County of Washington On this the 24th of June, 2024, before me, a Notary Public, personally appeared Fayetteville City Clerk Treasurer Kara Paxton, known to me to be the person whose name is signed above to certify the sufficiency of the Fayetteville electors' petition for the election to authorize the sale of alcoholic beverages for off -premises consumption on Sundays in Fayetteville. In witness whereof I hereunto set my hand and official seal. '1 �NEY SPO1,��i SEAL NOTARr yil� :�lp PUO� 1�',�1' �•Q �� •... • y Notary Public My Commission Expires: Page 538 of 982