Loading...
HomeMy WebLinkAboutOrdinance 1538 ORDINANCE 1538i ' AN ORDINANCE REGULATINF DANCE HALLS i iH-LRE LIGHT '.TINES PID BAR ARE `ALD, PROVIDING FOR LICENSING THEREOF, AND IMPOSING A TAX, AND FOR OTHER PURPOSES . WHEREAS, it is deemed in the best interest of the public to license, regulate and tax dance halls and places where dancing is carried on, when light wanes or beer are served at said place or places ; and WHEREAS , said provisions of law should be included in the Fayetteville Code of Ordinances . NCW, THEREFORE, BT IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 11 That the Code of Ordinance, City of Fayetteville , Arkansasy, is hereby amended ' by adding an article to Chapter 3 thereof which shall be numbered Article IV, which article shall read as follows : Article IV . DANCE HALLS LIGHT :IIM AND BEER Division 1 . GENERALLY Sec . 3-96. Selling or Serving in dance Halls . Except as provided in this article, it shall be unlawful for any person to sell or serve beer or light wines in any dance hall or place where dancing is carried on, and it shall be unlawful for dancing to be allowed in any place where beer or light wines are being sold, dispensed or served; it shall likewise be unlawful to sell beer or light wines in any place or building where there is a direct. entrance allowing ingress or egress to any dance hall or place where dancing is allowed. Division 2 . BUSINESS LIC-- .NSE Sec . 3-97. Required. The business of owning , operating or conducting a dance house or place where dancing is casried on, when beer is sold, dispensed or served, is hereby declared mrder- the Constitution and laws of this state and the City to be a privilege, and no person shall own, operate, conduct or engage in any such business unless he has a current license so to do issued by the City. Sec . 3.98. Licensing Board A Licensing Board hereinafter referred to as the Board shall be created for the purpose of issuing licenses under this division, Said Board shall consist of the City Manager and four private citizens , who do not hold any official position, of the City of Fayetteville, State of Arkansas . Licenses shall be issued by the Board upon proper application and the Board shall have the power to revoke said licenses for good cause. The Board shall also have the authority to make and promulgate from time to time any rules and regulations necessary for the proper administration of this ordinance, including but not limited to the following : building size; parking facilities ; sanitation; policing; and business hours . MICRO&LOpo 1978 DATE REEL Sec . 3-99. Application Any person desiring to engage in any businesss for which a license is required by this division shall file an application for such license with the City Clerk . Said application shall then be referred to the Chief of Police of Fayetteville , Arkansas , who shall make a written recommendation to the Board . It shall be unlawful for any person to make any false statement or representation in any application or give any false answer to any question contained therein . Sec . 3-100. Tax The annual tax for a license required by this division shall be $400 . 00. Sec . 3-101_. Issuance , A license applied for under this division shall be issued by the Board, upon compliance, by the applicant with all provisions of this division , including the payment of the prescribed tax, presentation of the applicant ' s state retail beer license or permit specifically authorizing the applicant to maintain or operate a dance hall or to permit dancing in or upon the permitted premises , presentation of the applicant ' s city retail beer license . Sec . 3-102 , Not Transferable . A license issued under this division shall not be transferable. Sec . 3-103 . Expiration . Every license issued under this division shall expire on the thirtieth day of June next following its issuance . Sec . 3-104. Revocation . When any person licensed under this division is convicted of a violation of any provision of this Article or of Article III of this Chapter , the Court shall, in addition to the penalty imposed for such violation, revoke such person ' s license . In addition to the above , if any person licensed under Article III of this Chapter shall have his license revoked, his license under this Article shall be revoked also . When any license is revoked under this section, no new license shall be issued to the same person within one ( 1 ) year after such revocation . Sec . 3-105 . Penalty for Violation of Article . Any person violating any of the provisions of this Article shall-# upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined in any sum not less than ten dollars ( $10 , 00) nor more than a five hundred dollars ( $500 . 00) for each violation . SECTION 2. That Section 3-72, Code of Ordinances , City of Fayetteville, be and the same is hereby repealed . SECTION 3. That this ordinance scall be in full force and effect from and after its passage, approval, and publication . PASSED AND APPROVED this 17th day of April, 1967 . APPROVED: DON TRUMBO , MAYOR ATTEST : GEORGE VIS, CITY CLERK S i ATE of ARKANSAS J ,ii:ttL .IGHT as. ARE ' t' IDINGt BEER FOR LICENSING County of Washington, IF:HEOF. AND IMPOSING A . AND FOR OTHER PUR- I POSESi RE.45. it b deemed in the 4- __ hereby certify that I r:' \T Retest it the I, _ .. .._ .___ ._ _ public to It_ - ��regulate dna tax dance salla am the Gene al Mana ) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of - business and at a fixed (daily) intervals continuously in the City of rvowTHEREFORE E , q'HEREeoRE, BE IT OR- Fayetteville, County of Washington, Arkansas for more than a period 13AINED BY THE BOARD OF DI- of twelve months, circulated and distributed from an established place of RECTORS OF THE CITY OF FAY- ETTEVILLE. ARKANSAS: business to subscribers and readers generally of all classes in the City Stctiou f That the Code of Or- 1 & Count for a definite price �r,c,nce. City of Fayetteville, Ar. : Y p ce for each copy, or a fixed price per annum, h tin, as. is hereby amended by add- which price was fixed at what is considered the value of the publication, ma ;in article to Chapter 3 there- It .ehleh shall be numbered Arti- based upon the news value and service value it contains, that at least fifty I IV, which articX% Sle shall read ar percent of the subscribers thereto have aid cash for their subscriptions ,o , IV, P P P aruele IV DANCE HALLS— to the newspaper or its agents or through recognized news dealers over a I IG onESELL D.vis IGENRALLY period of at least six months; and that the said newspaper publishers an Hall Selling or Serving In averse of more than fort percent news matter. Halla. - g Y Lot be Yided in unlawfultlis for a any I Further certify that the legal notice hereto attached in the matter of to Sell or serve beer or light in any dance hall or place dancing unlawful is carried on, and © A�/WC ,y/3 II be unlawful fqr dancing to . h aP- wetl in tlry place where beer , _ _______ ___________--______.-____- - ,rt wines are being sola, dis- i • nr serves; it sear likewise un In an to sen neer or sing oeswas published in the regular daily issue of said newspaper for-___--__-_-- hereng reread pr or building ; vhero [Here Is c aired entrance *' - insertionJ/ 89 fO11OWe : rn o;s,nn r RI's. egress a any where dancing /!�'}}(��/, �� '1s a 1 )It ) The first insertion on the --.-___-_.�S_____ da of - / 1947 nme hall or lace NESS LICENSE the second insertion on the ------------ -- day of -------------------- 19--- the third insertion on the --- ------------------ --------- day of - 19 and the fourth insertion on the -------------- ------- day of/n_A____------------- 19--- Sworn to and subscribed before me on this ----- day day of ________________ the -------------------------- 19-G7 � _ �/ hr pptoll h:.ve the he powerf o . 1 a for good e / z __--_- ..--____ I �, v:' — ____ shall also have the authorityN to ry Public make and promulgate from time to time env rules and regulations necessary for the proper admin- istration of thio ordirume, includ- M7 �Y/Commission Expires :Ing but not limited to the follow. b Wkfssltatrn� ltg. nbusiness / ---on -- Any to V III any businem for which a license it f n 1 theniC�Of Police ofF i� required by that division referred uptpliicceel file an application for such license Fees for Printing ______ k:utsas, who shall snake a written Cost of Proof _-___--_ $------------------------ recommendation to the Board. O It .shall be unlawful for anv per- Total _ son to make any false statement or ----- $-- representation in any application or give any false answer to any question contained therein. Sec. 3.10.1. Tax The annual tax for a license rr- quiren by this division shall be $40uM. Sec. 3-101. Issuance, A license applied for under this division sbell be issued by the Hoard, upon compliance, by the ap- Id'"rit with all provision of this ) , 11n !n<ludlnc the pnvment of Sec. 3-102. Not Transterable. .A license isaued under this divl- snon shall not be transferable. Sec. 3-103. Expiration. Every license issued under thisi division shall expire on the thimi- 'i eth day of June next following its , Issuance. Sec. 3-104. Revocation. When any person licensed under this division is convicted of a viola- I tion of any provision of this Artl- � cle or of Article III of this Chapter, j the Court shall, in addition to the ; Penalty imposed for such violation, , revoke such person's license. In addition to the above, If any person licensed under Article IIP of this Chapter shall have has li- I ceruse revoked, his license under this Article shall be revoked also. When any license is revoked un- '' der this section, no new license shall he issued to the same Person within one (1) year after such revocation. Sec. 3-105. Penalty for Violation ' of Article. Any person violating any of the ' nrovisions of this Article shall, ,.1 on conviction thereof, be deemed 1. Ity of a misdemeanor and shall fined in any sum not less than n dollars ($10.00) nor more than a ,. e hundred dollen ($500.00) for . h violation. SECTION 2. That Section 3-72. - de of Ordinances. City of Fay- etteville, be and the same is here- by repealed. SECTION 3. That this ordingince shall be in full force and effect from and after its passage, ap- proval, and publication. PASSED AND APPROVED this 17th day of April, 1967, APPROVED: DON TRUMBO, Mayor A 'i TNST: rIEORGE J . DAVIS City Clerk ^5-ltc