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HomeMy WebLinkAboutOrdinance 6939113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6939 File Number: 2025-2112 AN ORDINANCE TO AMEND § 111.07 (D) OUTDOOR REFRESHMENT AREA 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, 1834 Tavern Lafayette, a new restaurant recently opened in Downtown Fayetteville at 572 W. MLK Jr. Blvd., is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new business to participate in the Outdoor Refreshment Area Program; and WHEREAS, Moonhouse, a new restaurant recently opened in Downtown Fayetteville at 129 W. Lafayette Street, is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to 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 December 2, 2025 Approved: * �0� Molly Rawn, Mayor Attest: Z7AIWA WIM � Wwy� Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $124.64 Page 1 City of Fayetteville Staff Review Form 2025-2112 Item ID 12/2/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 10/14/2025 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: STAFF IS RECOMMENDING APPROVAL ON AN ORDINANCE AMENDING THE BOUNDARY OF THE DOWNTOWN OUTDOOR REFRESHMENT AREA. 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 # Change Order Number: Approval Date: Original Contract Number: Comments: Additional Information Received Date Received: 11 /25/2025 M M/D D/YYYY Time: 11:12 AM 00:00 (AM/PM) From: Devin Howland, Director of Economic Name & Title Develo ment To: Name & Title City Clerk's Office Agenda Meeting Date: 11/25/2025 MM/DD/YYYY Civic Clerk Number: 2025-2112 Ex. 2025-994 Forwarded to City Received from Department Head with Attorney's Office and City Attorney's Office included. Department Head w Q j F LU ¢ w Q 12� O of LU J J_ > d ------------------------- ♦ _ ♦ W - ♦ U) Ji old - Main - 1 d > _- R S T Y s V z — J _ _LD K A N S A S DICKSON ST �O 9 G� Evergreen Cemetery G�\N�ONpFZ CENTER,,, \ LAFAYETTE W ST QW O w J J O U U 0 DC L �I MAPLE ST DICKSON ST SPRING ST 90 O W SST �o DG -- /� t _SONNPC��tS 6Lv� m 1 1 1 Q 1 J w 1 O 1 0 w 1 y w 1 •t J / O 1 U 1 JR BLVD Luther King Jr Blvd ; 1 2F 1 J------------ ----------------- 7THST LLJ w Q 0.13 o City of m0.25 rille, AR 0.5 Mile ARDOT ROW Exhibit 1 CITY OF FAYETTEVILLE Route ' ARKANSAS Fayetteville Outdoor ® open Consumption District The data contained herein was compiled from various sources for the sofa use and benefit of the City of Fayetteville Geographic Information System and the public agencies It se es. Any use of the data by anyone other than the City of Fayeteville Refreshment Area sat the sole risk of the user; and by acceptance of this data, the user does hereby Adopted ORA Area - Adopted Cultural Arts 1 (O RA) agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless rom and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user t by another arising from the e of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be 1 District With Zoning - Fayetteville, AR construed to waive that tort immunity set forth u,d,,Arkansas law. Created: 1111712025 Path: Path: G:\GIS2\Projects\2020\DORAWll_ORA.aprz\Cultural Arts District Map Additional Information Received Date Received: 11 /25/2025 M M/D D/YYYY Time: 11:12 AM 00:00 (AM/PM) From: Devin Howland, Director of Economic Name & Title Develo ment To: Name & Title City Clerk's Office Agenda Meeting Date: 11/25/2025 MM/DD/YYYY Civic Clerk Number: 2025-2112 Ex. 2025-994 Forwarded to City Received from Department Head with Attorney's Office and City Attorney's Office included. Department Head CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff FROM: Devin Howland, Director of Economic Development SUBJECT: AMENDMENT TO THE DOWNTOWN OUTDOOR REFRESHMENT AREA RECOMMENDATION: 2025-2112 Staff is recommending approval of an ordinance amending the boundary of the Downtown Outdoor Refreshment Area. BACKGROUND: Fayetteville's Downtown Outdoor Refreshment Area was established in 2020 following the State of Arkansas' passage of Act 812, which authorizes municipalities to create designated areas where alcoholic beverages may be possessed and consumed. The district currently includes more than 70 participating businesses and has operated successfully for nearly five years without issue. The Department of Economic Development recently received a request from Matt Taylor, owner of a new restaurant located at 572 W. M.L.K. Jr Blvd, 1834 Tavern Lafayette, to participate in the ORA program. This business is currently located just outside of the open consumption district boundary and the request requires a minor amendment to the district boundary. Staff has consulted with the Fayetteville Police Department, which expressed no concerns regarding the proposed amendment, provided that the required signage is implemented appropriately due to the property's proximity to the state right-of-way along Martin Luther King Jr. Boulevard. DISCUSSION: The proposed amendment to the Downtown Outdoor Refreshment Area adds an approved route along West Prairie Street and South Government Avenue, allowing 1834 Tavern Lafayette to participate in the program. If approved by the Fayetteville City Council, staff will work closely with the property owner and the Fayetteville Police Department to ensure that adequate signage is installed to clearly indicate where patrons may and may not travel while participating in the program, given the business's proximity to state-owned right-of-way along Martin Luther King Jr. Boulevard. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: 3. Staff Review Form, 4. ORA Map Amendment Request 12_2_25, 5. Additional Information - 2025-2112 Updated ORA Map V2, 6. Additional Information - 2025-2112 Updated Staff Memo, 7. Additional Information - Updated Ordinance - Amend Downtown Outdoor Refreshment Area 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 #: 2025-2112 AN ORDINANCE TO AMEND § 111.07 (D) OUTDOOR REFRESHMENT AREA 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, 1834 Tavern Lafayette, a new restaurant recently opened in Downtown Fayetteville at 572 W. MLK Jr. Blvd., is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new business to participate in the Outdoor Refreshment Area Program; and WHEREAS, Moonhouse, a new restaurant recently opened in Downtown Fayetteville at 129 W. Lafayette Street, is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to 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 ACITY OF _ FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 TO: Mayor and City Council THRU: Blake Rutherford, Senior Advisor to the Mayor CITY COUNCIL MEMO FROM: Devin Howland, Director of Economic Development DATE: October 13, 2025 SUBJECT: AMENDMENT TO THE DOWNTOWN OUTDOOR REFRESHMENT AREA RECOMMENDATION: Staff is recommending approval of an ordinance amending the boundary of the Downtown Outdoor Refreshment Area. BACKGROUND: Fayetteville's Downtown Outdoor Refreshment Area was established in 2020 following the State of Arkansas' passage of Act 812, which authorizes municipalities to create designated areas where alcoholic beverages may be possessed and consumed. The district currently includes more than 70 participating businesses and has operated successfully for nearly five years without issue. The Department of Economic Development recently received a request from Matt Taylor, owner of a new restaurant located at 572 W. M.L.K. Jr Blvd, 1834 Tavern Lafayette, to participate in the ORA program. This business is currently located just outside of the open consumption district boundary and the request requires a minor amendment to the district boundary. November 25, 2025 Update: After submitting this item for City Council consideration, staff received an additional request from another restaurant seeking to participate in the Downtown ORA. Moonhouse, located at 129 W. Lafayette Street at the intersection of St. Charles Avenue, sits just outside the current open -consumption boundary. Their participation requires a minor amendment to extend the district along St. Charles Avenue. During the December 2, 2025 City Council meeting, staff will request that Council amend the original request to adopt the attached updated version of the Downtown ORA map. Staff has consulted with the Fayetteville Police Department, which expressed no concerns regarding the proposed amendments, provided that the required signage is implemented appropriately due to the property's proximity to the state right-of-way along Martin Luther King Jr. Boulevard. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The proposed amendment to the Downtown Outdoor Refreshment Area adds an approved route along West Prairie Street and South Government Avenue, allowing 1834 Tavern Lafayette to participate in the program. November 25, 2025 Update: The proposed amendment to the Downtown Outdoor Refreshment Area also adds an approved route along St. Charles Avenue, allowing Moonhouse to participate in the program. If approved by the Fayetteville City Council, staff will work closely with the property owner and the Fayetteville Police Department to ensure that adequate signage is installed to clearly indicate where patrons may and may not travel while participating in the program, given the business's proximity to state-owned right-of-way along Martin Luther King Jr. Boulevard. BUDGET/STAFF IMPACT: None. Attachments: SRF (#1), ORA Map Revision- December 2025 (#2) Additional Information Received Date Received: 11 /25/2025 M M/D D/YYYY Time: 11:47 AM 00:00 (AM/PM) From: Hannah Hungate, Assistant City Name & Title Attorney To: Name & Title City Clerk's Office Agenda Meeting Date: 11/25/2025 MM/DD/YYYY Civic Clerk Number: 2025-2112 Ex. 2025-994 Forwarded to City Received from City Attorney's Office Attorney's Office and With Department Head included. 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Any— ane by" an eomn me. aIF ".."e !,K 11 non of ne am dyta IV you .n Mau.. usn roes nerery agree to mde inry me City of no am nac ere city of Fayea w hafmiea5 oll Adopted ORA Area from and _t iiaairy tor any natms, aceons. cat mr Mamagu a any nnure. inawirg me cry% cast at referee. auener cy urn or by.miner anang fern :a w of Its data The Cry of Fayef Wie ma Me no expire" w Im Iwl wa'ran,eei - Adopted Cultural Arts G wm reference w me No mr. p—se. w tires round herein eau a ��I — .. canaruer m waiw mat en immunity se, roan war Munsa fan•. District With Zoning - Fayetteville, AR Creaea ,rr,amn Pam: Pam: G:•'clsg+Prdytay.zomDDlu•,Aii 0" apm.Cunurai AM Dnma Mar, = Cityof Fayetteville, Arkansas � � 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-2112 AN ORDINANCE TO AMEND § 111.07 (D) OUTDOOR REFRESHMENT AREA 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, 1834 Tavern Lafayette, a new restaurant recently opened in Downtown Fayetteville at 572 W. Martin Luther King, Jr. Blvd., is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new business to participate in the Outdoor Refreshment Area Program; and WHEREAS, Moonhouse, a new restaurant recently opened in Downtown Fayetteville at 129 W. Lafayette Street, is just outside the boundary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to 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 Form vi 55 ECEIVE Za 12022025 CITY OF FAYETTEVIU.E CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 560554 PO#: Matter of: ORD 6939 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 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 6939 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$124.64. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 12/07/25;NWA nwaonline.com 12/07/25 \\\\\ B R gSHly6, Legal Clerk Jam.. \ State of ARKANSAS,County of Sebastian - �,���a r • u < Subscribed and sworn to before me on this 8th day of December,2025 . PLI - '\ ' • CYLS NOT Y PUBLIC Ordinance:6939 File Number: 2025-2112 AN ORDINANCE TO AMEND§ 111.07(D)OUTDOOR REFRESH- MENT AREA TO ADOPT A NEW DOWNTOWN OUTDOOR RE- FRESHMENT AREA BOUNDARY 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, 1834 Tavern Lafayette,a new restaurant re- cently opened in Downtown Fayetteville at 572 W.MLK Jr. Blvd.,is Just outside the bound- ary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new busi- ness to participate in the Out- door Refreshment Area Program;and WHEREAS,Moonhouse,a new restaurant recently opened in Downtown Fayetteville at 129 W. Lafayette Street,is Just outside the boundary of Fayetteville's Downtown Outdoor Refresh- ment Area end staff recom- mends amending the map to 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(O)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 end APPROVED on December 2,2025 Approved: Molly Rawn,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the Clty Clerk-Treasurer of the City 0f Fayetteville, Arkansas. Amount Paid:$124.64 December 7,2025 560554 12/09/2025 Ordinance: 6939 File Number: 2025-2112 AN ORDINANCE TO AMEND § 111.07 (D) OUTDOOR REFRESH- MENT AREA TO ADOPT A NEW DOWNTOWN OUTDOOR RE- FRESHMENT AREA BOUNDARY 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, 1834 Tavern Lafayette, a new restaurant re- cently opened in Downtown Fayetteville at 572 W. MLK Jr. Blvd., is just outside the bound- ary of Fayetteville's Downtown Outdoor Refreshment Area and staff recommends amending the map to enable this new busi- ness to participate in the Out- door Refreshment Area Program; and WHEREAS, Moonhouse, a new restaurant recently opened in Downtown Fayetteville at 129 W. Lafayette Street, is just outside the boundary of Fayetteville's Downtown Outdoor Refresh- ment Area and staff recom- mends amending the map to 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 December 2, 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: $124.64 December 7, 2025 560554