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Home My WebLink AboutOrdinance 6829113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6829 File Number: 2024-01081 § 111.07 DOWNTOWN OUTDOOR REFRESHMENT AREA (AMENDMENT): AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA OF THE FAYETTEVILLE CITY CODE TO ADOPT A NEW DOWNTOWN OUTDOOR REFRESHMENT AREA BOUNDARY MAP WHEREAS, pursuant to Ark. Code Ann. § 14-54-1412, the City has established both temporary and permanent entertainment districts permitting alcohol possession in outdoor public spaces; and WHEREAS, a new wine bar and catering business recently opened in Downtown Fayetteville on the south side of the building at 3 East Mountain Street which is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and this amendment will enable this new business to participate in the Outdoor Refreshment Area Program. 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 subsection (D) of § 111.07 Outdoor Refreshment Area of the Fayetteville City Code adopting a new Downtown Outdoor Refreshment Area boundary map as shown in Exhibit 1 attached to this Ordinance. PASSED and APPROVED on January 7, 2025 Approved: E-SIGNED by Molly Rawn on 2025-01-14 21.51.55 GMT Molly Rawn, Mayor AllII I I1111,� `��RK T R,c��i Attest: � G�TY �� ; S'6 E-SIGNED by Kara Paxton =O: FAYETTEVILLE•;;O= on 2025-01-14 23.27.55 GMT �•� c,�c Kara Paxton, City Clerk Treasurer ��i�9cS' K;4 N?.P.O'� !Z� GTN 4llll III This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $110.96 Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality SUBJECT: Downtown Outdoor Refreshment Area Boundary Amendment 2024-01081 RECOMMENDATION: Staff is recommending approval of an ordinance amending the boundary of the Downtown Outdoor Refreshment Area. BACKGROUND: Fayetteville's Downtown Outdoor Refreshment Area (ORA) was founded in 2020 following the State of Arkansas's passage of Act 812, which authorizes municipalities to create designated areas where alcoholic beverages can be possessed and consumed. Currently, nearly seventy businesses participate in the Downtown ORA, and it has been in operation for over four years without issue. The Department of Economic Vitality received notice from the Fayetteville Police Department that a new alcohol serving business had opened just outside the current ORA boundary and an amendment would be needed for them to participate in the ORA program. DISCUSSION: A new business recently opened in Downtown Fayetteville, Ozark Charcuterie, is a wine bar and catering business owned by Mallory Files. The business is currently operating on the south side of the building at 3 E Mountain Street, which happens to be just outside of the boundary of Fayetteville's open consumption district. The proposed boundary amendment enables Ozark Charcuterie to participate in Outdoor Refreshment Area Program. BUDGET/STAFF IMPACT: None ATTACHMENTS: SRF (#3) , ORA Map Revision - December 2024 (#4) 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 #: 2024-01081 Downtown Outdoor Refreshment Area Boundary Amendment AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA OF THE FAYETTEVILLE CITY CODE TO ADOPT A NEW DOWNTOWN OUTDOOR REFRESHMENT AREA BOUNDARY MAP WHEREAS, pursuant to Ark. Code Ann. § 14-54-1412, the City has established both temporary and permanent entertainment districts permitting alcohol possession in outdoor public spaces; and WHEREAS, a new wine bar and catering business recently opened in Downtown Fayetteville on the south side of the building at 3 East Mountain Street which is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and this amendment will enable this new business to participate in the Outdoor Refreshment Area Program. 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 subsection (D) of § 111.07 Outdoor Refreshment Area of the Fayetteville City Code adopting a new Downtown Outdoor Refreshment Area boundary map as shown in Exhibit 1 attached to this Ordinance. Page 1 Devin Howland Submitted By City of Fayetteville Staff Review Form 2024-1081 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2024 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: STAFF IS RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING THE BOUNDARY OF THE DOWNTOWN OUTDOOR REFRESHMENT AREA. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # 6716 Change Order Number: Approval Date: 2/6/2024 Original Contract Number: Comments: w a > w LU Y O Y of LU > J old Mar," R S T Y A S A S DICKSONST -" ,y .:IIiCc` �O 9 � G� Evergreen Cemetery GL�N�ONpR CENTER,,, MAPLE ST DICKSON ST SPRING ST w C�l U 1 m � 1 i 1 1 1 1 JO 1 HACKETt 1 1 w 1 ¢ 1 w 1 :f'i 71 O 1 LU J 1 O 1 U 1 1 1 In Luther Kiny Jr Blvd � 1 I 1 1 — — — - — — — — — — — - - - — - — — - — - -------w 7THST w 0.13 a U E-0.25 iille, AR 0.5 Mile ARDOT ROW Exhibit 1 CITY OF FAYETTEVILLE Route �_ ' ARKANSAS Fayetteville Outdoor ® Open Consumption District The data contained herein was compiled ft., various sources for the sole use and benefit of the City of Fayetteville Geographic Information System a,d the public . J, th- t agencies It serves. Any use of the data by anyone other than the City of Fayetleville f F. Refreshment Area at the sole risk the user; and acceptance of this he user hereby Adopted ORA Area . Adopted Cultural Arts Gi (O RA) agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, cluding the city', cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the tlata. No word, phrase, or clause f—d herein shall be 1 gb. - District With Zoning - Fayetteville, AR construed to waive that tort immunity set forth und,r Arkansas law. Created: 12/12/2024 Path: Path: G:\GIS2\Projects\2020\DORAWII_ORA.aprACultural Arts District Map Form 0.54 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 472411 PO #: Matter of. ORD 6829 AFFIDAVIT • STATE OFARKANSAS ECEIVE 01/13/2025 C TY OF FAYETTEV LLE CITY CLERK'S OFFICE 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 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 ORD 6829 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 $110.96. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 01112125; NWA nwaonline.com 01112125 State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 13th day of January, 2025 N04ARY PUBLIC G� BRgS/' PUB\_\— � z CC Li Ordinance: 6829 File Number: 2024-01081 § 111.07 DOWNTOWN OUT- DOOR REFRESHMENT AREA (AMENDMENT): AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESH- MENT AREA OF THE FAYET- TEVILLE CITY CODE TO ADOPT A NEW DOWNTOWN OUTDOOR REFRESHMENT AREA BOUND- ARY MAP WHEREAS, pursuant to Ark. Code Ann. § 14-54-1412,the City has established both tem- porary and permanent enter- tainment districts permitting alcohol possession in outdoor public spaces; and WHEREAS, a new wine bar and catering business recently opened in Downtown Fayet- teville on the south side of the building at 3 East Mountain Street which is just outside the boundary of Fayetteville's Downtown Outdoor Refresh- ment Area and this amendment will enable this new business to participate in the Outdoor Re- freshment Area Program. 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 subsection (D) of § 111.07 Out- door Refreshment Area of the Fayetteville City Code adopting a new Downtown Outdoor Re- freshment Area boundary map as shown in Exhibit 1 attached to this Ordinance. PASSED and APPROVED on January 7, 2025 Approved: Molly Rawn, 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: $110.96 January 12, 2025 472411