HomeMy WebLinkAboutOrdinance 6819113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6819
File Number: 2024-759
CHAPTER 111.30 - RETAIL (AMENDMENT):
AN ORDINANCE TO AMEND § 111.30 RETAIL TO AUTHORIZE SUNDAY SALES OF ALCOHOLIC
BEVERAGES FOR OFF -PREMISES CONSUMPTION FROM 10:00 AM UNTIL MIDNIGHT AND TO ENACT
AN EMERGENCY CLAUSE
WHEREAS, a citizens' petition presented the question to Fayetteville electors whether or not to allow Sunday sales of
alcoholic beverages for off -premises consumption from 10:00 a.m. until midnight; and
WHEREAS, a majority of Fayetteville voters agreed to authorize such sales of alcoholic beverages for off -premises
consumption from 10:00 a.m. until midnight on Sundays.
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 (A)(2) and
(13)(2) Hours of Operation by repealing these subsections in their entirety and enacting the replacement subsections
(A)(2) and (13)(2) as follows:
"(2) Hours of Operation. It shall be unlawful for any person to sell or offer to sell any controlled beverages for
off -premises consumption before the hour of 7:00 a.m. or after the hour of 1 l :00 p.m. on Monday through Thursday,
before 7:00 a.m. or after the hour of 12:00 midnight on Friday and Saturday, and before 10:00 a.m. or after midnight on
Sunday, at any hour on Christmas Day, or during any twenty-four (24) hour period designated an emergency by the
Mayor or the City Council."
Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should and will become effective on December 6, 2024 to obey the will of the voters on November 5, 2024
to allow Sunday sales of alcoholic beverages for off -premises consumption and to protect the peace and welfare of our
citizens and businesses.
PASSED and APPROVED on December 4, 2024
Page 1
Ordinance. 6819
File Number 2024-759
Approved:
Attest:
K
Kara Paxton, City Cjc'rk Treasurer i
GITON
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ l Q .5Le
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 4, 2024
TO: Mayor Jordan and City Council
THRU: Kit Williams, City Attorney
FROM: Kit Williams, City Attorney
SUBJECT: AN ORDINANCE TO AMEND § 111.30 RETAIL
RECOMMENDATION:
Amend § 111.30 RETAIL to authorize Sunday sales of alcoholic beverages.
CITY COUNCIL MEMO
2024-759
BACKGROUND:
A citizens' petition presented the question to Fayetteville electors whether or not to allow Sunday sales of
alcoholic beverages for off -premises consumption from 10:00 a.m. until midnight. A majority of Fayetteville
voters agreed to authorize such sales of alcoholic beverages for off -premises consumption from 10:00 a.m.
until midnight on Sundays.
DISCUSSION:
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: Agenda Request - Kit Williams (#3), Current Law - 111.30 (#4), Memo Amendment of
111.30 (#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 #: 2024-759
AN ORDINANCE TO AMEND § 111.30 RETAIL
AN ORDINANCE TO AMEND § 111.30 RETAIL TO AUTHORIZE SUNDAY SALES OF
ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION FROM 10:00 AM UNTIL
MIDNIGHT AND TO ENACT AN EMERGENCY CLAUSE
WHEREAS, a citizens' petition presented the question to Fayetteville electors whether or not to allow
Sunday sales of alcoholic beverages for off -premises consumption from 10:00 a.m. until midnight; and
WHEREAS, a majority of Fayetteville voters agreed to authorize such sales of alcoholic beverages for
off -premises consumption from 10:00 a.m. until midnight on Sundays.
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 (A)(2)
and (B)(2) Hours of Operation by repealing these subsections in their entirety and enacting the
replacement subsections (A)(2) and (B)(2) as follows:
"(2) Hours of Operation. It shall be unlawful for any person to sell or offer to sell any controlled
beverages for off -premises consumption before the hour of 7:00 a.m. or after the hour of 11:00 p.m. on
Monday through Thursday, before 7:00 a.m. or after the hour of 12:00 midnight on Friday and Saturday,
and before 10:00 a.m. or after midnight on Sunday, at any hour on Christmas Day, or during any twenty-
four (24) hour period designated an emergency by the Mayor or the City Council."
Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that this ordinance should and will become effective on December 6, 2024 to obey the will of
the voters on November 5, 2024 to allow Sunday sales of alcoholic beverages for off -premises
consumption and to protect the peace and welfare of our citizens and businesses.
Page 1
CivicClerk No.: 2024-759
AGENDA REQUEST FORM
FOR: Council Meeting of December 5, 2024
FROM: City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 111.30 RETAIL TO AUTHORIZE SUNDAY SALES
OF ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION FROM 10:00
AM UNTIL MIDNIGHT AND TO ENACT AN EMERGENCY CLAUSE
APPROVED FOR AGENDA:
Kit William Date
I' %C A W
FAYETTEVILLE CODE OF ORDINANCES 111.30
TITLE XI BUSINESS REGULATIONS
111.30 Retail
(A) Retail Liquor Off -Premises Permit. Authorizes the purchase of spirituous and vinous bever-
ages from any person holding a valid wholesale liquor permit and the sale of such beverages
at retail to consumers for consumption off the premises; any holder of a liquor off -premises
permit may also purchase malt liquors containing more than 5% alcohol by weight from either
persons holding a wholesale beer permit or a wholesale liquor permit, and sell such beverages
to consumers for consumption off the premises described in the permit. It shall be unlawful for
any person to accept retail orders for any spirituous, vinous, or malt liquors for delivery outside
of the premises of the store operated by such person.
(1) Permit Fee. There is hereby levied an annual permit fee of $250.00 for each and every
retail liquor dealer engaged in the business of selling or dispensing, at retail any vinous
(except wine), spirituous, or malt liquors for off -premises consumption.
(2) Hours of Operation. It shall be unlawful for any person to sell or offer to sell any controlled
beverages for off -premises consumption before the hour of 7:00 a.m. or after the hour of
11:00 p.m. on weekdays, after the hour of 12:00 midnight on Friday or Saturday and at
any hour on Sunday, on Christmas Day, or during any twenty-four (24) hour period
designated an emergency by the Mayor or the City Council.
,.� (B) Retail Beer and Light Wine Off -Premises Permit. Authorizes the purchase of beer, light wine, or
malt liquor containing less than 5% alcohol by weight from wholesalers holding a valid permit
and the sale of such controlled beverages for consumption off the premises described in the
permit.
(1) Permit Fee. For the privilege of selling beer and light wine, at retail, for off premises
consumption, there is hereby levied an annual permit fee as follows:
(a) For a retailer whose annual gross sales of beer and/or light wine do not exceed
$1,000.00, the permit fee shall be $15.00.
(b) For a retailer whose annual gross sales of beer and/or light wine exceed $1,000.00,
the permit fee shall be $15.00 plus'/20 for each dollar of gross sales in excess of
$1, 000.00.
(c) The permit fee for a new applicant with no sales history shall be $40.00.
(d) For the purpose of renewing an existing permit, annual sales shall be the actual
gross sales for the previous calendar year. If the permittee has not been in operation
for a full year at December 31st of the previous year, annual sales shall be
determined by dividing the total actual sales by the number of months of operation
and multiplying the result by twelve (12).
(e) If a new permit was issued between January 1st and June 30th, the first renewal
rate (due on June 30th of the issue year) shall be $40.00.
(2) Hours of operation. It shall be unlawful for any person to sell or offer to sell beer or light
wine for off -premises consumption before the hour of 7:00 a.m. or after the hour of 11:00
CD111:9
,�, JV irk /a,
111.30 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
p.m. on weekdays, after the hour of 12:00 midnight on Friday or Saturday, at any hour on
Sunday, on Christmas Day, or during any twenty-four (24) hour period designated an
emergency by the Mayor or City Council.
(C) Retail Beer and Light Wine On -Premises Permit. Authorizes the purchase of beer, light wine, or
malt liquor containing less than 5% alcohol by weight from a wholesaler holding a valid permit
and the sale of such controlled beverages for consumption on or off the premises described in
the permit.
(1) Permit Fee. There is hereby levied an annual permit fee of the same amounts and
computed in the same manner as the annual fees for retail beer and light wine off -
premises in §111.30(B) above.
(2) Hours of Operation. It shall be unlawful for an
or
away for consumption on -premises any beer or
light wine between rson to serve, lthe hours of sall, offer fr I es a.lm
and 7:00 a.m. on Monday through Saturday, on Sunday except during the hours of 10:00
a.m. until midnight, on Christmas Day, or during any twenty-four (24) hour interval
designated an emergency period by the Mayor, City Council, or any person acting in the
Mayor's or the City Council's capacity.
(D) Private Club Permit. 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 a private club distributor, and authorizes the
dispensing of such beverages for consumption on the premises of the private club to members
and guests only of the private club. (Private clubs holding a retail beer on premises permit may
purchase beer, light wine, or malt liquor containing not more than 5% alcohol by weight from
holders of valid wholesale beer permits)_
(1) Permit Fee. For the privilege of operating a private club within the city, there is hereby
levied an annual permit fee of $250.00. For any new private club permit issued between
January 1st and July 1st, the fee shall be $125.00.
hereby imposed and levied a city supplemental tax of five percent upon the ann
(2) Supplemental Beverage Tax. In addition to the $250.00 per year permit fee, there is
ual gross
receipts which are derived by such private club from charges to the members and/or their
guests for the following services:
(a) For the preparation and serving of mixed drinks; and
(b) For the cooling and serving of beer, light wine, and wine.
The city's supplemental beverage tax is in addition to the state supplemental tax on
private clubs and shall be paid to the appropriate city official, shall be due monthly at the
same time that the state supplemental tax is due, and shall be accompanied by one (1)
COPY of the state supplemental tax return. If any permittee shall fail to remit the
supplemental tax within the time period that the state tax is due, a penalty of 12Yz% of the
tax due shall be due and payable in addition to the tax.
CD111:10
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
TO: Mayor Jordan Blake Pennington
City Council Senior Assistant City Attorney
Hannah Hungate
Assistant City Attorney
CC: Susan Norton, Chief of Staff Stacy Barnes
Paul Becker, Chief Financial Officer Paralegal
FROM: Kit Williams, City Attorney �_. '
DATE: November 12, 2024
RE: Amendment of § 111.30 Retail to Authorize Sunday Sales of Alcoholic
Beverages for Off -Premises Consumption
I am proposing two amendments of § 111.30 Retail because the City is
legally required to remove the existing prohibition of Sunday sales of alcoholic
beverages for off -premise consumption by the Fayetteville voters' approval of
that issue. Two subsections of 111.30 Retail must be amended: (A)(2) and (13)(2).
(A)(2) concerns sales of liquor for off -premises consumption. (B)(2) concerns
sales of beer and wine for off -premises consumption. The Hours of Operation
subsections need to be amended to allow the Sunday sale of alcoholic beverages
for off -premises consumption from 10:00 a.m. until midnight as approved by the
voters.
I have attached the proposed ordinance to amend these subsections for
your convenience.
Form 0.54
9 W/A •
a, RECEIVED
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI DEC 0 9 2024
113 W MOUNTAIN CITY OF FAYEfTEVIl
FAYETTEVILLE, AR 72701 CITY CLERK'S OFFIC
Ad number #: 463826
PO #:
Matter of Ord. 6819
AFFIDAVIT • STATE OF ARKANSAS
I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk 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. 6819
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 $156.56.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 12108124; NWA nwaonline.com 12108124
�11111111111///
B Rq S/y
Legal Cler
��
.�` J�' ssl...
State of ARKANSAS, County of Sebastian
Subscribed and sworn to before me on this 9th day of December, 2024
= �s'� a
PUBL\G o =;
7
C 0 NS 'l '
11101Ul 0"�`\
"I'ARY PUBLIC
Ordinance: 6819
File Number: 2024-759
CHAPTER 111.30 - RETAIL
(AMENDMENT):
AN ORDINANCE TO AMEND §
111.30 RETAIL TO AUTHDRIZE
SUNDAY SALES OF ALCOHOLIC
BEVERAGES FOR OFF -
PREMISES CONSUMPTION
FROM 10:00 AM UNTIL MID-
NIGHT AND TO ENACT AN EMER-
GENCY CLAUSE
WHEREAS, a citizens' petition
presented the question to Fayet-
teville electors whether or not to
allow Sunday sales of alcoholic
beverages for off -premises con-
sumption from 10:00 a.m. until
midnight; and
WHEREAS, a majority of
Fayetteville voters agreed to au-
thorize such sales of alcoholic
beverages for off -premises con-
sumption from 10:00 a.m. until
midnight on Sundays.
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 §
111.30 (A)(2) and (13)(2) Hours of
Operation by repealing these
subsections in their entirety and
enacting the replacement sub-
sections (A)(2) and (B)(2) as fol-
lows:
"(2) Hours of Operation. It
shall be unlawful for any person
to sell or offer to sell any con-
trolled beverages for off -
premises consumption before
the hour of 7:00 a.m. or after
the hour of 11 00 p.m. on Mon-
day through Thursday, before
7:00 a.m. or after the hour of
12:00 midnight on Friday and
Saturday, and before 10:00 a.m.
or after midnight on Sunday, at
any hour on Christmas Day, or
during any twenty-four (24)
hour period designated an
emergency by the Mayor or the
City Council."
Section 2: Emergency Clause.
That the City Council of the City
of Fayetteville, Arkansas hereby
determines that this ordinance
should and will become effec-
tive on December 6, 2024 to
obey the will of the voters on
November 5, 2024 to allow Sun-
day sales of alcoholic beverages
for off -premises consumption
and to protect the peace and
welfare of our citizens and busi-
nesses.
PASSED and APPROVED on
December 4, 2024
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton
City Clerk Treasurer
This publication was paid for
by the City Clark -Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid: $ 156.56
December 8, 2024 463826
