HomeMy WebLinkAboutOrdinance 1699 ORDINANCE N0 . /
AN ORDINANCE TO AMEND CHAPTER 3 , ARTICLE II , OF THE CODE OF ORDINANCES ,
CITY OF FAYETTEVILLE , ARKANSAS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE -
VILLE , ARKANSAS :
SECTION 1 . That Chapter 3 , Article II , of the Code of Ordinances ,
City of Fayetteville , Arkansas , shall hereafter read as follows :
" SEC . 3 - 15 . DEFINITIONS
For the purpose of this ordinance , the word " Spirituous "
shall mean liquor distilled from the fermented juices of
grain , fruits or vegetables and containing more than twenty -
one ( 21 % ) per centum of alcohol by weight , or any other liquids
containing more than twenty - one ( 21 % ) per centum of alcohol
by weight . The word " Vinous " shall mean the fermented juices
of fruits , except wine , and containing more than five ( 5 % ) per
centum and not more than twenty - one ( 21 % ) per centum of alcohol
by weight . The word " malt " shall mean liquor brewed ,from the
fermented juices of grain and containing more than five ( 5 % )
per centum of alcohol by weight . Beer containing not more than
five ( 5 % ) per centum of alcohol by weight and all other malt
beverages containing not more than five ( 5 % ) per centum of
alcohol by weight are not defined as malt liquors , and are
excepted from each and every provision of this ordinance .
SEC . 3 - 16 . SALE PROHIBITED DURING CERTAIN HOURS AND ON CER -
TAIN DAYS .
( a ) It shall be unlawful for any person to sell , offer
for sale or give away , at wholesale , any spirituous , vinous
or malt liquors before the hour of 8 : 00 a . m . and after the
hour of 6 : 00 p . m . It shall be unlawful for any person to sell ,
offer for sale or give away , at retail , any such liquors be -
fore the hour of 10 : 00 a . m . and after the hour of 11 : 00 p . m ,
on weekdays or 12 : 00 p . m . on Friday and Saturday .
( b ) It shall be unlawful for any person to sell , offer for
sale or give away any such liquors mentioned in subsection ( a )
on Sunday or on any state , county , municipal or district
primary or general election day , or on Christmas Day or during
any 24 - hour interval designated an emergency period by the
Mayor or City Manager , or any person acting in their capacity .
SEC . 3 - 17 . HOUSE TO HOUSE SALES_P_ROHIBITED .
It shall be unlawful for any person to sell , offer for sale
or give away , or cause or permit to be sold or offered for
sale or give away , any vinous , spirituous or malt liquors
through salesmen going from house to house soliciting orders .
MICROFILMED
DATE r C i 1 1978
REEL_ aq.
SEC . 3 - 18 , ACCEPTANCE OF RETAIL ORDERS .
It shall be unlawful for any person to accept retail orders
for any spirituous , vinous or malt liquors for delivery out -
side of the premises of the store operated by such person .
SEC . 3 - 19 , SALE IN CERTAIN CONTAINERS PROHIBITED .
( REPEALED )
SEC . 3 - 20 . OPEN BOTTLES PROHIBITED ON SALES PREMISES .
It shall be unlawful for any person to have in his pos -
session or control on premises where liquor is allowed to be
sold , any bottle or container containing liquor which has been
opened .
Any person violating the provisions of this section shall
be deemed guilty of a misdemeanor and , upon conviction ,
shall be fined in any sum not less than fifty dollars ( $ 50 . 00 )
nor more than five hundred dollars ( $ 500 . 00 ) .
SEC . 3 - 21 , SALE OF BEER BY DEALERS .
It shall be unlawful for any person having a license to
sell liquor to sell or offer for sale , at retail , any beer ,
except in the original container , such container not to be
opened on the premises . Any person violating the provisions
of this section shall be deemed guilty of a misdemeanor and ,
upon conviction , fined in any sum not less than fifty dollars
( $ 50 . 00 ) nor more than three hundred dollars ( $ 300 . 00 ) .
SEC . 3 - 22 , CONSUMPTION IN PUBLIC PLACES OR CONVEYANCES .
It shall be unlawful for any person to drink any liquor
in any public place , . highway or street , or in or upon any
passenger coach or train , automobile , bus or other public
conveyance . Any person violating provisions of this section
shall be deemed guilty of a misdemeanor and , upon conviction ,
shall be fined in any sum not less than five dollars ( $ 5 . 00 )
nor more than one hundred dollars ( $ 100 . 00 ) .
SEC . 3 - 23 , ADMISSIBILITY OF EVIDENCE AS TO REPUTATION ON
PROSECUTIONS .
In any prosecution in any Court , the general reputation of
the defendant for moonshining , bootlegging , drinking or being
engaged in the unlawful manufacture of or trade in intoxicating
liquors shall be allowed to be introduced in evidence by the
City against such defendant .
SEC . 3 - 24 . PENALTY FOR VIOLATIONS OF ARTICLE .
Where no specific penalty is provided for the violation
of any provisions of this ordinance , such violation shall be
punished by a fine of not less than fifty dollars ( $ 50 . 00 )
nor more than two hundred fifty dollars ( $ 250 . 00 ) .
SEC . 3 - 35 , REQUIRED .
It shall be unlawful for any person to engage in the bus -
iness of storing , transporting or selling , either at whole -
sale or retail , any spirituous , vinous or malt liquor ,
unless he has a current license to to do from the City .
Any person engaging in such business without a current
license shall be deemed guilty of a misdemeanor and , upon
conviction , shall be fined in any sum not less than one
hundred dollars ( $ 100 . 00 ) nor more than one thousand dollars
( $ 1 , 000 . 00 ) , and each day of such operation without a
license shall constitute a separate and distinct offense .
SEC . 3 - 36 . APPLICATION . .
Application for a license required by this division shall
be in writing and shall be filed with the City Clerk . Such
application shall contain a sworn statement of the name of
the business sought to be licensed , the address of the pro -
posed location of such business , and the name of the owner
of the building or premises in which the business is to be
located . A copy of the applicant ' s state license shall
accompany such application .
SEC . 3 - 37 . TAX .
( a ) The business of storing , transporting , or selling
spirituous , vinous or malt liquors at wholesale within the
City is hereby declared to be a privilege , and for the ex -
ercise of such privilege there is hereby levied an annual
license tax in the sum of five hundred dollars ( $ 500 . 00 )
for each and every such business conducted .
( b ) The business of storing , transporting , selling or
dispensing , at retail , of any vinous , spirituous or malt
liquors within the City • is hereby declared a privilege , and
for the exercise of such privilege there is hereby levied an
annual license tax in the sum of two hundred fifty dollars
( $ 250 . 00 ) for each retail store operated within the City .
( c ) The City Controller shall have the right to accept
installment payments of the license tax provided for in
this section for such periods of time as the state commis -
sioner of revenues grants for the payment of state license
fees or taxes .
SEC . 3 - 38 . VIEW OF PREMISES .
It shall be unlawful for any person to sell liquor. , either
at wholesale or retail , on any premises wherein the view of
the interior is obstructed by any means .
SEC . 3 - 39 . ISSUANCE .
The City Clerk shall issue a license applied for under
this division upon ' payment of the license tax prescribed by
Section 3 - 37 ,
SEC , 3 - 40 , TERM .
Licenses required by this division shall . be issued in
such a manner that they will run for such length of time as
will be concurrent with the licenses issued by the state .
SEC . 3 - 41 . REVOCATION .
( REPEALED )
SEC . 3 - 52 , HABITUAL DRUNKARDS .
( REPEALED )
SEC . 3 = 53 . INTOXICATED PERSONS .
It shall be unlawful for any person engaged in selling
liquor to sell or give any liquor to any person who is in
an intoxicated condition .
Any person violating the provisions of this section shall
be deemed
. guilty of a misdemeanor and , upon conviction ,
shall be punished by a fine of not less than fifty dollars
( $50 . 00 ) nor more than three hundred dollars ( $ 300 . 00 ) .
SEC . 3 - 54 , PERSON FAILING TO SUPPORT FAMILY .
( REPEALED )
SEC . 3 - 55 . MINORS .
It shall be unlawful for any person engaged in the sale ,
at wholesale or retail , of any liquor in the City to sell ,
offer for sale , or give away , under any conditions , any
liquor to any person under the age of twenty - one ( 21 ) years .
The burden of determining the age of any person shall be upon
the seller .
SEC . 3 - 56 . MINORS BUYING OR POSSESSING WINE OR LIQUOR .
It shall be unlawful for any person under the age of twenty -
one ( 21 ) years to purchase or have in his possession any
intoxicating liquor or wine . It shall also be unlawful for
any adult to purchase on behalf of a person under the age of
twenty - one ( 21 ) any intoxicating liquor or wine .
Any person violating this provision shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be subject
to a fine of not less than fifty dollars ( $ 50 . 00 ) nor more than
five hundred dollars ( $ 500 . 00 ) . "
SECTION 2 . That this ordinance shall be in full force and effect from
and after its passage , approval and publication .
PASSED and APPROVED this day of 1969 .
APPROVED :
GARLAND MELTON , JR . , MAYOR
ATTEST :
MARILYN MOORV, CITY CLERK
STATE of ARKANSAS l
as.
County of WashinjEton
ORDINAF'F: NO. 1699 Ilouors %hall be allowed to be intro-
AY ORDIN.1fi(E 10 AMEND CRAP- dared in evidence by the C"e against ,
TYR 3. ARTICLE n, OF THE CODE OF 'ouch defendant. q
' C
ORDINANCES, CITY OF FAYE Yge SEC. defendant.
PENALTY FOR VIOW- w ` `
VILLE, ARRAxses• t I, - hereby certify that I
BE IT ORDAINED BY THE BOARD -+TTONS OF ARTICLE. ____ ..._.__— ..__.. .__...__ .__.___._—______________._. ., Y Yof DIRECTORS of zlm cIq•Y of Wmere no aperrcm cenmty ion prpviaed [m theneral Manager) of THE NORTHWEST ARKANSAS TIMES,
FAYETPEVILLE, ARKANSAS: .for the violation of any provisions of
SECTION I, net Chapter 3, AxUCI@ 11 tots odinance, Much violation shall bell daily newspaper having a second class mailing privilege, and being not
a the Code of Ordinances, city of Fay- -m khed y a fine of nor
less than than four pages of five columns each, published at a fixed place of
as
Arkansas, sM1eS hereafter elle two hundred fifty dollars (1250.01). business and at a fixed (daily) intervals continuously in the City of
et follows:
'SEC. 3.15 DEFINITIONS A SEC 335. REQUIRED.
For me purpose Or this orainantY, It Shall be unlawful for any ... mFayetteville, County of Washington, Arkansas for more than a period
the word "spirituous" shag seep '-:en age in tsell�tness of storing,at teaele )f twelve months, circulated and distributed from an established place of
liquor
distilledgrafrom me fermented or Cal 1, any spirituous, vinous orlusiness to subscribers and readers generale of all classes in the Cit
grain, fruits w vegy. me Y Y
and Containingffmore man twenty- one malt theme,t unless he has n current Count for a definite rice for each co or a fixed rice per annum,
flnweight,
Per cent/ per Centum of alcohol by Il Any e m do from the city. Y P PY P
weighH or any other liquids cntalnine Any person engaging in such busi- phieh price was fixed at what is considered the value of the publication,
mom than twenty-one (21 per cent) neem without a current a license shell be
Per centum of alcohol by weight. Phe •eeemea gouty, ora misdemeanor dna, awed upon the news value and service value it contains, that at least fifty
Pleaweeted Vinous" shall seen the fen u� not less thankall ane hund ed e fined raonarsllercent of the subscribers thereto have paid cash for their subscriptions
juices of fruits, except wine, (b0000) nor more than one thousend ;0 the newspaper or its agents or through recognized news dealers over a
cold)
conte Cert more than }iv! (5 per ,
tten per centum and not more man dollars f$1withou dna each day of such
xreUrone ID Per cents per centum a , M�reeloat separate and licenseshall
otteose-PeriOd Of at least six months ; and that the said newspaper publishers an
alcohol by weight The word "mall•• - average of more than forty percent news matter.
shell mean liquor brewed from the her. . SEC. 336. APPLICATION.
mented iuias Of grain and containing... , Mis ec for a limner writing I further certify that the le
more than five (5 Per Cent) per common b" mie dieisioe swan be in writing Y gal notice hereto attached in the matter of
of alcohol by weight. Beer containing and shall be filed with me City Clerk.
net more than ave q per Cent) per Such application shall contain a sworn
Centum of alcohol by weight and all statement Or the name of the business
other malt beverages containing net weight to be licensed, the address of 1 /
more than fire (5 We em0 per return the proposed location or such business. _ _- _,/�;.�/JZ +/ l __ --_-._t_J_��__-----_----------------
Of
-_-______Ot alcohol by weight are it defined as - and the name of the owner of the
malt liquors, and -oralpled from building or premises in which the bust-
Estt
notice. rel- "cam s m be located. A cony of e Was published in the regular daily issue of said newspaper for__..�_______
each and every gravel" s tela o
SEC 3-16. SALE CERTAIN HOURS AND ON ponyapplisuch state license shell ecrnm-
papa Sprs tate licen. %eRseealive insertiol>ff as follows:
INC- SEC. 3-37 TAX.
TAIN DAYS, (A) Th.e business Of storing, trans-
(ON It am][ be unlawful for any paeans Desna, or seflmg �vPhm
; om, vinous of The first insertion on the -__3_ ez�_---------- day o4 a4QZ, _ 19 ,n�
to sell, offer for sale or all away, at mall liquors at wholesale within the
wholesale, any spitlmou; ate Of City Is hereby, declared to be a priv-
malt liquors before the hoer of 9:00 ilege. and for the exercise of such the second insertion on the __._____._.---_._-.__ _—__ day of ____— _ 19--.
a.m. and atter the hour of 6:o0 It It pr:vllege there Is hereby levied an an-
Shall be unlawful for any person be noel license tax in the Sum of five
sell, offer for sale or give away, at bundmQ dollars f3500.00) for each and the third insertion on the
------- a of — --- -- 19—
stall, any such liquors before me hour every such business Conducted. ----------------- Y
a 10:00 a.m, and after the hour a ilio The business pe storing, transport-
Op F p. y n weekdays or 12:00 pm. 1Ty venous Or dispensing, at retail, rsi
(a Friary dna Bamreay- any vinous, spirituous hereby
mall liquors and the fourth insertion on the day o4 19--
(a) It Shall
off he a sale for any peen within the City is hereby declared s
to sell, offer foe Nleor give away Privilege. and for me exercise of aveM1
any S"M liquors mentioned in nub- privilege there is thereby levied an an-
section (a) on Sunday, or on aRv able runt license tax in the sum or two
aunty municipal or district primary hundred fifty. Unions (32000) for each .
or general election day, or on Christ- retail store operated within the City. .
ones Pay or during any 21-hour interval 'ctThe City Controller shall have the
designated an emergency Period by the r,ght to accept instalment payments Sworn to and subscribed before me on this �3 day of
Mayan City Magerm son, or aperof me license tux provided for ithis
In nMe
acting in their capacity. Mention dod
inn for such pas or time as the
SEC 3-17. HOUSE TO HOUSE SALEM .state coPaymene[ of revenues grants '
PROHIBITED.bD, fur se payment of state license reel 19
It shell he unlawful for any or taxes. ----- ---- ------- ----- ------------ ------ ---
'O sell, offer for Perms "EC. VTEW aw PR£MI�p
sale or ¢ire away, or It shall 1K unlawful for any person to
cause le r give
to be sold or offered
for sale or give away, ane vroom, sail on an either es wholesale or view
re-
a Pi r 1 t u pus or melt liquors through mil, on any premium wherein the view —____—_—___._______ __ - ___
salesmen going from home to house of the Interior is obstructed by any No Public
soliciting orders. _ Wans.
SEC. 313. ACCEPTANCE OF RETAIL 6EC. 339. ISSUANCE.
ORDERS, no City Clerk shall issue a license .
It Shall be unlawful for any Person toapplied for under this division upon M Commission Expires:
accept retail orders for any spirituous, p"yment ad the license tax prescribed Yommon x P
vinous or melt liquors for delivery by Sectio 3-37. )
outside of the leemisea or me store SEC, 340, TERN
op . / /
operated by such person. Licenses required by this timsioll -
SEC. 3-19. SALE IN CERTAIN CON. Shall be issued in such It manner that
TAINERS PROHIBITED. they will ran for such length of time
(REPEALED) as will be concurrent with the licenses
SEC. 3-20, OPEN ROTI LES PROIRM 1 issued by the state.
ITED ON SALES PREMISES. SEC 741. REVOCATION. Fees for Printing —_.— $__.__—_._s___
It shall be unlawful for any Close" (REPEALED,
to have in his possession or control on REC. 3-5?, HABITUAL DRUNKARDS.
premises where liquor is allowed to be (REPEALED) Cost of Proof
sold, any bottle or Container Contain. SEC. .3--53. INTOXICATED PERSONS.
ins liquor which has been opened. It shall be unlawful for any Person h'd �
Any Person vlObling the Provisions engaged in selling liquor to sell or give Total
Of this section shall he deemedgulity any liquor te any person who is in an $of a misdemeanor and, upon contIntoxicated condition.
sen, shall i tined a any sum not -Any person violating the Provisma"
-less than ti(q- dollar ($3000) Ara! of this section shall be, deemedgam
more than five hundred dpihtf Q500,00r, of a misdemeanor and, upon Con _
SES.D. RALE OF SEER ]BY DEA G tion, shall be punished by a fine
ERs, s_stet less man Day dollars 0,1100) not
It shall be ungwlW It One pear more than three hundred dollars
having It Rcense to sell agger m Melt (310.00).
or offer for elle, at Trash, any bi SEC. 3-54. PERSON FAILING TO SUP-
Marred in me original container, "Ch - PORT FAMILY.
Container not to be opened on the iREPEALED)
Premise. Any Person violating the pro- SFC. 355. MINORS.
visions of this section shall be deemed It shall be unlawful for any person
guilty of a misdemeanor and, upon con- , engaged in me sale, at wholesale or
victiion, fined in any sum not less than retail, of any liquor in the City to sell,
fifty dollars (1S0.6h nor more titan • offer for sale, or give away, under
three hundred dollar. 43fu t, .-an': Conditions, any liquor to any per.
SEC. 3-_i CONSUilTPTION IN PUBLIC seat under the ase of twenty-one (21)
PLACES OR CONVEYANCES, years. The burden of determining the
It shall be unlawful for any person age of any person shall be upon the
m drink any liquor in anv public place. selxr.
I,ignwa, or street. or in or upon any SEC. 3.56. MINORS BUYING OR POS.
passenger roach lir train, automobile. - SESSING WINE OR LIQUOR.
bus or other public conveyance. Any Ii ,shall be unlawful for any Person
Pelson violating provision, of this see. ' under the age of twcnt) .one (21) years _
tin shill I be deemed guilty of a mis. e. m purchase or have in his Possession
demeanor and, upon conviction, shall am intoxicating liquor or wine. It shall
be fined in env sum not less than rive Mise be unlawful tinany adult to pur-
dollars its ads nor mom than me hu"- chase on behalf of a person antler the
died 4100.001. age of twenty-one (21) any intoxicating
SEC 3-23. .ADMISSIBILTTY OF £)T. Ionto or wine.
DENCE AS TO REPUTATION ON a Any person violating this provision
PROSECLITIO" , shell be dee"red guilty of a misde
In any prosecution in any Court, me, mention and upon O nvibtion thereof
general reputation of me defendant shall be subject to a fine of not less
for mornshining, haotlegin drintlng than fifty dollars (150.00) nor more
or being retraced :n the mdawful man-' than five hundred dollars 11500.W)."
ulactute of m trade n, Intoxxarbgr SECTION 2. That this ordinance shall be
in fill forcr and effect from and after its
yl approval and publication.
r'AS.FED and APPROVED this Said
day of September, 1969.
APPROVED:
GARLAND MELTON JR.
MAYOR -
ATPEST
5PkRILYN MOORE, CITY CLERK
I te A