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Home My WebLink AboutOrdinance 6796File Number: 2024-513 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 Ordinance: 6796 CHAPTER 97.081-CONDUCT IN PARKS (AMENDMENT): AN ORDINANCE TO AMEND§ 97.081 , INTOXICATING BEVERAGES IN CHAPTER 97 , PARKS NATURAL RESOURCES , AND CULTURAL AFFAIRS TO CLARIFY THAT THE BOTANICAL GARDEN SOCIETY OF THE OZARKS MAY ALLOW ALCOHOLIC BEVERAGES TO BE SERVED ON ITS PREMISES WITHOUT THE NEED FOR A SPECIAL EVENT PERMIT WHEREAS , the City of Fayetteville entered into a long-term lease for the Botanical Garden of the Ozarks (BGSO) in 1997 and the BGSO has been successfully operating at Lake Fayetteville since that time ; and WHEREAS , in 2016, the City Council approved Ordinance 6029 allowing BGSO to serve alcohol on premises they have leased within the Lake Fayetteville park area for fundraisers , wedding receptions and other special events as long as they fully comply with all alcoholic beverage control requirements ; and WHEREAS, this amendment will clarify that the BGSO is not required to obtain a special city permit for selling alcohol on the premises they lease but must still fully comply with all alcoholic beverage control requirements. 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 § 97.081 , Intoxicating Beverages by adding the following sentence to the end of subsection (B)( I): "A City permit is not required to serve a lc ohol as allowed above." PASSED and APPROVED on October I, 2024 Attest: ~ \\\\1111111,, ,,,, v-. I TR c-11/ ~' <." • • • . r..:.,,q r, ,,,,, ~ 'v'--'•. '( •• vv .,., ._ v .•,...\, O,t:-•. ~~ ~-\... • V • ,,..-,... ~,_. •1 ~ ::-• • ._J .,.. -u• r 1·• r \'1' \' • :: :: • I A'( r.. I -• ,L ·" • = ~ ·. :~:: -;:.o/• -'y C;o /.....::: ~-9 ,;. li'K/\'N'-'"?-.•~$° ",' U.l 1 •• ••r ..::::-,.J ,, ... .,_,,T/A ,"• • •• C,v ,, ''1/VGTON ,,,, 11 ,11111111 1'' ic ion was paid for by the City Clerk-Treasurer of the City of Fayetteville , Arkansas . id:$ /!JO, 7 ;L/ Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-513 MEETING OF OCTOBER 1, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Ordinance Amendment Chapter 97.081 RECOMMENDATION: Approval of an ordinance to amend Chapter 97.081, Article VI- Conduct in Parks to clarify the Botanical Garden of the Ozarks is not required to obtain a City permit for alcohol to be served on premises during events allowed by ordinance. BACKGROUND: The City of Fayetteville first entered into a long term lease for the Botanical Garden of the Ozarks (BGSO) in 1997. Since that time, the Gardens were constructed and the BGSO has been successfully operating at Lake Fayetteville. Ordinance 6029 was approved in 2016 allowing BGSO to serve alcohol on premises they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all alcoholic beverage control requirements. DISCUSSION: This ordinance amendment will clarify the BGSO is not required to obtain a city permit for selling alcohol on premises they lease. They must still fully comply with all alcoholic beverage control requirements. BUDGET/STAFF IMPACT: None. ATTACHMENTS: SRF (#3), 97.081___Intoxicating_Beverages_Redline (#4) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-513 Ordinance Amendment Chapter 97.081 AN ORDINANCE TO AMEND § 97.081, INTOXICATING BEVERAGES IN CHAPTER 97, PARKS NATURAL RESOURCES, AND CULTURAL AFFAIRS TO CLARIFY THAT THE BOTANICAL GARDEN SOCIETY OF THE OZARKS MAY ALLOW ALCOHOLIC BEVERAGES TO BE SERVED ON ITS PREMISES WITHOUT THE NEED FOR A SPECIAL EVENT PERMIT WHEREAS, the City of Fayetteville entered into a long-term lease for the Botanical Garden of the Ozarks (BGSO) in 1997 and the BGSO has been successfully operating at Lake Fayetteville since that time; and WHEREAS, in 2016, the City Council approved Ordinance 6029 allowing BGSO to serve alcohol on premises they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all alcoholic beverage control requirements; and WHEREAS, this amendment will clarify that the BGSO is not required to obtain a special city permit for selling alcohol on the premises they lease but must still fully comply with all alcoholic beverage control requirements. 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 § 97.081, Intoxicating Beverages by adding the following sentence to the end of subsection (B)(1): “A City permit is not required to serve alcohol as allowed above.” City of Fayetteville Staff Review Form 2024-513 Item ID 10/1/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Alison Jumper 9/5/2024 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an ordinance to amend Chapter 97.081, Article VI- Conduct in Parks to clarify the Botanical Garden of the Ozarks is not required to obtain a City permit for alcohol to be served on premises during events allowed by ordinance. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution #6029 Change Order Number:Approval Date: Original Contract Number: Comments: Created: 2024-08-27 12:27:32 [EST] (Supp. No. 34) Page 1 of 1 97.081 Intoxicating Beverages (A) No person in a park shall bring into or consume alcoholic beverages within a city park, nor shall any person enter a park when under the influence of intoxicating beverages. (B) Notwithstanding the above prohibition: (1) The Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on the premises they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all alcoholic beverage control requirements. A City permit is not required to serve alcohol as allowed above. (2) The Mayor or the Mayor's designee may issue a permit allowing the temporary possession, sale and consumption of alcoholic beverages in city parks for special events as long as the event sponsors fully comply with all applicable state and local laws and regulations, including alcoholic beverage control requirements. The permit may include any conditions necessary to ensure public safety and the protection of city property. (3) Alcoholic beverages may be possessed or consumed in a city park or other recreational facility within the Downtown Outdoor Refreshment Area boundaries pursuant to the provisions of Section 111.07 of the Fayetteville City Code and any additional administrative regulations. (Code 1965, §17A-23; Ord. No. 1594, 4-1-68; Code 1991, §97.081; Ord. No. 4865, 05-16-06; Ord. No. 6029, §1, 1-2- 18; Ord. No. 6469, §§ 1, 2, 8-17-21; Ord. No. 6701, §1(Exh. A), 11-7-23) Form v1.54 NV\ A niadza RECEIVED Account#: NWCL5004205 OCT 0 7 2024 Company: CITY OF FAYE 1'1'EVILLE-CLERKS OFFI 113 W MOUNTAIN CITY OF ERK'S OFFICE FAYETTEVILLE, AR 72701 Ad number#: 445625 PO#: Matter of: Ordinance: 6796 AFFIDAVIT•STATE OF ARKANSAS 1, Maria Hernandez-Lopez,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON 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: Ordinance:6796 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$130.72. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 10/06/24;NWA nwaonline.com 10/06/24 S. ��\\\\GY I I ''q ii��i Legal Cler J� ..Ssi" State ofARKANSAS,County of Sebastian .•�o 32+q.. \.4 OTAR Subscribed and sworn to before me on this 7th day of October, 2024 :� �.�Y N: �`•.�, PUBLIC' ti�.:2 f '//i/ti C, �\‘ 0 U NT� \\\\\\ ARY PUBLIC Ordinance:6796 File Number. 2024.513 CHAPTER 97.081-CONDUCT IN PARKS(AMENDMENT): AN ORDINANCE TO AMEND§ 97.081,INTOXICATING BEVER- AGES IN CHAPTER 97, PARKS NATURAL RESOURCES, AND CULTURAL AFFAIRS TO CLARIFY THAT THE BOTANICAL GARDEN SOCIETY OF THE OZARKS MAY ALLOW ALCOHOLIC BEVERAGES TO BE SERVED ON ITS PREM- ISES WITHOUT THE NEED FOR A SPECIAL EVENT PERMIT WHEREAS,the City of Fayet- teville entered into a long-term lease for the Botanical Garden of the Ozarks(BGSO)in 1997 and the BGSO has been suc- cessfully operating at Lake Fayetteville since that time;and WHEREAS,In 2016,the City Council approved Ordinance 6029 allowing BGSO to serve al- cohol on premises they have leased within the Lake Fayet- teville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all alcoholic beverage control requirements; and WHEREAS, this amendment will clarify that the BGSO is not required to obtain a special city permit for selling alcohol on the premises they lease but must still fully comply with all alco- holic beverage control require- ments. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 97.081,Intoxicating Beverages by adding the following sen- tence to the end of subsection (B)(1): "A City permit is not required to serve alcohol as allowed above." PASSED and APPROVED on October 1,2024 Approved: Uoneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$130.72 October 6,2024 445625