HomeMy WebLinkAboutOrdinance 1671 ORDINANCE NO . � 6 71
AN ORDINANCE TO TAX , REGULATE , AND CONTROL THE SALE OF
ALCOHOLIC BEVERAGES , BEER AND WINES BY PRIVATE CLUBS .
Be it ordained by the Board of Directors of the City
of Fayetteville , Arkansas :
SECTION 1 . DEFINITION OF A PRIVATE CLUB . For purposes of
this ordinance , a private club is defined as a non - profit
organization , association or corporation , organized and
existing under the laws of the State of Arkansas , no part of the
net revenues of which shall inure directly or indirectly to the
benefit of any of its members or any other individual , except
for the payment of bona fide expenses of the club ' s operations ,
having not less than one hundred ( 100 ) members regularly
paying annual dues of not less than Five ( $ 5 . 00 ) per member ,
conducted for some common recreational , social , patriotic ,
fraternal , political , national , benevolent , athletic or other
non - profit object or purpose other than the consumption of
alcoholic beverages , owning or leasing a building or space
therein for the reasonable comfort and accommodation of its
members and their families and guests and restricting the use
of club facilities to such persons , and which shall have been
in existence for a period of not less than one ( 1 ) year before
application for a license as hereinafter prescribed .
SECTION 2 . SALE OF ALCOHOLIC BEVERAGES , BEER , AND WINES
BY PRIVATE CLUBS DECLARED LEGAL . Hereafter , it is determined
and declared that the preparation , mixing , and serving of mixed
drinks , beer , and wine for consumption only on the premises of
a private club as defined in Section 1 hereof , by the members and
their guests , and the making of a charge for such services shall
not be in violation of any law of this City prohibiting the
manufacture , sale , barter , loan or giving away of intoxicating
liquor , provided the following criteria have been met prior to
such action :
( 1 ) The alcoholic beverages , beer and wine to be consumed
are furnished and drawn from private stocks thereof belonging
to such members , individually or in common under a so - called
" locker " , " pool " , or " revolving fund " system , and are replenished
only at the expense of the members .
( 2 ) All requirements imposed by State law have been complied
with , regarding licensing and / or payment of fees and taxes .
( 3 ) The private club has applied for and received a license
from the City of Fayetteville , in accordance with Section
3 of this ordinance , and have paid all fees and taxes
MICROALMED
DATE MT11918
- 1 - --
f REEL
due under the terms of this ordinance .
SECTION 3 , LICENSE , FEE , AND TAXES . The preparation ,
mixing , and serving of mixed drinks , beer , and wine , by
private clubs , in the manner previously described in this
ordinance , is hereby declared to be a privilege , and for
the exercise of such privilege there is hereby levied an
annual license tax in the sum of Two Hundred and Fifty
Dollars ( $ 250 . 00 ) for each and every private club so
operated within the City .
Application for a license required by this ordinance shall
be in writing and shall be filed with the City Clerk . Such
application shall contain a sworn statement of the name of
the private club , the number of memberships existing , the
amount of membership dues , purpose for which the club exists ,
how long the club has been organized , and a description of the
method used or proposed to be used for dispensing alcoholic
beverages , beer , or wines . The application for license must
be accompanied by payment in full of the $ 250 . 00 tax , and
a receipt indicating payment of the City supplemental tax ,
hereinafter described , if said tax is due .
The City Clerk shall issue a license to the applicant ,
after approval of the application by the Board of Directors ,
and upon payment of the license tax . The City Clerk shall
notify the chief of police of each license so issued .
Licenses required by this ordinance shall be issued in
such a manner that they will run for such length of time as
will be concurrent with the permit issued by the State .
SECTION 4 , SUPPLEMENTAL TAX ON GROSS REVENUE . In
addition to the $ 250 . 00 a year license tax , there is hereby
imposed and levied a City Supplemental tax of five percentum
( 5 % ) upon the annual gross revenue of such private club . This
gross revenue shall include only those gross receipts which
are derived by such private club from the charges to the
members or their guests for the following services :
( 1 ) For the preparation and serving of such mixed drinks ,
and
( 2.) For the cooling and serving of beer and wine .
Said City supplemental tax , which is in addition to the
State supplemental tax on private clubs , shall be paid to the
Comptroller of the City of Fayetteville , shall be due at the
same time that the State supplemental tax is due , and payment
shall be accompanied . by 1 copy of the State supplemental tax
return ..
- 2 .
SECTION 5 , REPEALING CLAUSE . All ordinances or parts
of ordinances in conflict herewith are hereby repealed , and
this ordinance shall be in full force and effect from and
after its passage , approval , and publication .
SECTION 6 , EMERGENCY CLAUSE . It is hereby found and
determined by the Board of Directors of the City of
Fayetteville that additional gross general revenues are
urgently required to support the health , education , welfare ,
and safety of the people of this city , and that unless such
funds are provided , curtailment of some programs of the
city might be necessary , and that the revenues to be collected
under this ordinance are essential to continuing existing
levels of government services . Therefore , an emergency is
declared to exist and this ordinance being necessary for the
immediate preservation of the public peace , health , and safety ,
it shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED this Sday of 1969 .
APPROVED :
GARLAND MELTON , JRMAYOR
ATTEST :
MARILYN MO E , CITY CLERK
STATE of ARKANSAS 1 y
. «. County of Washington Jr ss W`YJ1�`
. ___—_.— � - hereby certify that I
am the QGenetral Managetr) 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
Fayetteville, County of Washington, Arkansas for more than a period1
of twelve months, circulated and distributed from an established place of I
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum, iy
which price was fixed at what is considered the value of the publication, ;
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions f
to the newspaper or its agents or through recognized news dealers over a }
period of at least six months ; and that the said newspaper publishers an +
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
_ordinance-#1671------------------------------- _--
was published in the regular daily issue of said newspaper for-----_
7VjWk*X insertions as follows :
1
The first insertion on the .------- day of ._April—_ 19.69
the second insertion on the _.______ ______ -7_____.____-__ day of .._.__—___________ 19... _
the third insertion on the ----------- day of __— —_ 19—
and the fourth insertion on the -- -------- day of ------—__________--
_ _ £ _0 r
1
Sworn to and subscribed before me on this day of —----------
---
i
Notary Public
My Commission Expires :
Fees for Printing _-__ $_ .C�.�.?L.8______
Cost of Proof
Total
r
URDINAl�-CL NO.1611 J•
. IAN ORDINANCE TO TAX, REGUTATA! RECTION a. UCENSB, FEE, AND
AND COfTROL THE SALE OF AI.Oo-' ' TAXES. The prepnUa, mixing, and
HO1JC -BEVERAGES, BEER A N D "wing of mbed drinks, bear, and vim,
MMES BY PRIVATE BEER
by private clubs, In ta ,mann" preW
Be It mmined by the hard Ot th• ous1Y described In We Ordinance, to
rectors of Ne City Of FeyellevlllA Ar• hereby declared N be a privilege, and for
Yams": - iy Ne exercise a such privilege.,then is
RECTION' I', DEFINTION OF '40PRI•I hereby levied an annual Itceose tax in
1 VATS CUTS. For purposes a fiddle ti• the sum of Two Hundred And Fifty
more, A private club IN deMed•sas a Dollars (ja000) for each And every prl•
non-profit Of1polestim, asZ0daUOnA or vale club an operated within the City.
corporation, organism and existing no. Applialbn for A llaensa nryired by
der me laws Of Ne Stale of 'Arkana , this erdicAI Ce shall be In writing and
no 'pert a Ne net revenues a which shelf be filed with the Cly Clerk. Such
r shall Mum dire_clly a indirectly b Na application shall coomin a an= gusts•
benefit of "y of Its members or any . meat of the name W the privam club.
other Individual, except for the per. me number a membership eiistmg,
rent Of bona fide expenses of Ne club's Ne amount Of membership dues, pea
Operations, having not leu Ian one pose for which the club exists, how forst
hundred (100) members+ regularly My. me club has been organise, and a da
Ins annual dues of noble" Nan Flve scriptlon of the method used ne proposed
(5.00) per member, caducmd Anne some W be cad for dispensing aloohellc ben-
I common recreational, social, patriotic, treses, beer, or wine& The *"limit"
Interal, political, national, hpevolentr for license must be accompanied by
athletic or other non-pipfit object or Pa ment ,ln full of no IlMal tax, and
r purpose other Nan the consumption ed a recelpt indicating payment a the Qty
alcoholic beverages, owning Be leasing a supplemental cox, hereinafter dessribeto
building or spm therein fpr to ns,- if said tax Is due,
sonable comfort and atNnrneeation of The City Cleric salt issue a lichen"
Its members and their familbg and to the applicant, after approval of the
guests and restricting the we W club Application by to Board of Dir ccoM
facilities N such persons, and which and upon payment of the limn" sur.
shall have beth Is, - eaistenev fee A Fe• The CIO• Clerk shall notify the cldef At
rind of not less ¢Ips one (1) Year b► Police Of each license w isued
[Ore application for a Ilan" as hers. Licenses required by this ordlinance
.' crafter prnccipe& shall be issued in such a manner that
RECTION 2 SALE OF ALCbH0UC MAY will new for such lents a time as
BEVERAGES, BEER, AND WINES BY will be Cacturent with the Mmit /!
PRIVATE CLUB$ DECWRED LEGAL sued by me Slate.
Hereafter, it is determined and declared SECTMN 6. SUPPLEMENTAL TAX
Met Ne pnmmims. mixing, and serving I ON GROSS REVENUE, M addition he
of mored drinks, beer, and wine for mon. the $MOD a year license Us. mm to
SumPrip only on the premises a a hereby Imposed and levied a Cly Sup
Private club as defined in ,Rection 'bPlemenW cox a five permnturrr (tJ%)
hereof, by the members and thele.Neem. upon Ne emual Arose revenue a were
And the making of a Charke,.tor sushi private dub. This Arms avenue Gall in.
services Shall not be in violation of any elude only Nose groea raceelpts which
law W cols CID Prohmiting- the menu. Are derived by such priwta club 1 Be
facture, sale, barter, Ian `-Or giving the charges to Ne members Be these
away at mmxkating linger provided me guestsfor the fallowing services:
following criteria have been met prim (1) For the prepratia and MmIM
to such action: of such mixed drinks.
(1) The alcoholic beverages, beer and and
I'mIwine N be Oonsu and aro fUmblued and (e) For the coding and serving Alf bass,
from prlvita stocks thereof be. and wine.
Joe" to such meinben, individually or Said City supplemental tax, which is in
In Oaima under a xs-aNad 'locker"• addition to the State supplemental tax
I "Pont", or ''revolving fund" system• and on private clubs, shall be Mid to the
an replenished esti at the expense of Conplroller of N! City of F2yetieWRe,
I N( members. - shall be due at the Name time that the
fZ) Ail been (Implied pli Unposed by sum State supplemental cox is due, and My.
tsw have bre/ payme with, repeding' meet shall be surds Bled by 1 copy of
llcenamA and/or payment a fns And. me State supplemental tax retnne.
coxes' - RECTION 5. REPEALING CLAUSE.
(3) The private club has applied for All ordinances orparts; of ordinances in
and received a limo" from the City of] conflict herewith an hereby repealed,
Fayetteville, In accordafa with Sap and this ordinance shall be in DW force
fico 3 of Ods ordinance, ane haw Mid' and effect from end after Its "me%
W nd ta
fees axa due offer the terms' approval, and publication.
of this OMbuna_ _ SECTION 6. EHEROENCY CLAUSE,
-• It is hereby round and determined by flea
Board M Directors Of me City of Fay-
etteville tat additional Anyone general
revenues ere urgently required to cop
port the health. education. "Uare, and
"fey Of the people of this sty, aha
that unless such funds Are provided.
curtailment at sane programs a Ne
city might be moessary, and Nat the
revenues m be coflechd under fhb omlL
Beam Arc essential b continuing "facing
levels of government servlet. Thanbee,
an emergency is declared to exist and
We ordinanp behalf nemeasary for the
immediate pnaernllon a Ne poblN
Were. heeW, And uftny, It &AS b ke
full forte and effect Iran And after Its
passage And Approval.
PASSED AND APPMVED tits 31x6
day of April, 1966.
APPROVED:
GARLAND MELTON, tilt., K&Yse
ATTEST:
MARILYN MOORS. City Clerk
z its