HomeMy WebLinkAboutOrdinance 2803 498? qp� 0RRtz
ORDINANCE NO . a go aSN/ivn 72 COh �
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AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 3 OF THE/pCU��l�MFYry,
FAYETTEVILLE CODE OF ORDINANCES TO ADD SECTION 3 - 117 cCEpYFf `��%f
PROHIBITING THE SERVING OR CONSUMPTION OF MIXED DRINKS ,
BEER OR WINE IN PRIVATE CLUBS BETWEEN THE HOURS OF
2 : 00 A . M . AND 10 : 00 A . M . ; PRESCRIBING PENALTIES FOR
THE VIOLATION OF SAID PROHIBITION ; AND DECLARING AN
EMERGENCY .
WHEREAS , the Board of Directors has determined that the
consumption of alcoholic beverages by patrons of private
clubs into the early morning hours increases the likelihood
of disturbances and motor vehicle accidents ; and
WHEREAS , the Arkansas On- Premise Consumption Act provides
at Ark . Stat . Ann . § 48 - 1412 that nothing in said Act shall be
construed as limiting the power of local governmental bodies
to regulate the operation of private clubs as may be necessary
for the protection of public health , welfare , safety , and
morals ; and
WHEREAS , the Board of Directors has determined that an
ordinance prohibiting the serving , mixing or consumption of
alcoholic beverages at private clubs during the early morning
hours is necessary for the protection of the public health ,
d welfare , safety and morals .
c�sb NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Article V of Chapter 3 of the Fayetteville
Code oT-0—rainances is hereby amended by adding Section 3 - 117
to read as follows :
Sec . 3 - 117 . Unlawful to serve or permit the
consumption of alcoholic beverages between certain
hours .
It shall be unlawful for the owner , operator ,
or any employee of a private club , as defined by this
article , to serve or permit the consumption of mixed
drinks , beer - or wineon the premises of said private
club between the hours of 2 : 00 A . M . and 10 : 00 A . M . on
any day . Any person convicted of violating this section
shall be punished by a fine of $ 500 . 00 for each viola-
tion ; and , for second and subsequent convictions of
this section involving the same private club , the
local license required by Sec . 3 - 113 shall also be
suspended for a number of days equivalent to the total
number of convictions involving said club .
During such suspension , it shall be unlawful for the
owner , operator , or any employee of such private club
to mix , serve , or permit the consumption of alcoholic
beverages on the premises of said private club . Any
person convicted of serving or permitting the consump -
tion of alcoholic beverages at a private club for which
the local license has been suspended shall be punished
by a fine of $ 500 . 00 for each violation .
• 100 �2
_ 2
Section 2 . The provisions of this ordinance are hereby
declare to e severable . In the event any provision hereof
is declared to be unconstitutional or otherwise invalid ,
said declaration shall not affect the validity of the remaining
provisions .
Section 3 . The Board of Directors hereby determines
that the serving and consumption of alcoholic beverages in
private clubs during the early morning hours increases the
likelihood of disturbances and motor vehicle accidents ; that
prohibiting the serving and consumption of alcoholic beverages
at private clubs in the early morning hours is necessary for
the public health , safety , welfare and morals ; and that the
immediate passage of this ordinance is necessary to prohibit
such serving and consumption of alcholic beverages . Therefore ,
an emergency is hereby declared to exist and this ordinance
being necessary for the public health , safety , welfare and
morals shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED this day of aQh"f
1982 .
1
APPROVED :
f YY •40
mac c NfAYOR Ci is KATE CF KL' UIM
State of Arkansas ( S$
'•. City of Fayetteville
0006 a see e
I, Sherry Rowe, City Clerk and Ex-Officio
r
recorder for the City of Fayetteville, do here-
ITY CLER by certify that the annexed or foregoing is
of record in my office and the same ap-
pears in Ordinance & Resolution book
CERTIFICATE OF RECORD Xl 1 at page, 13n - Witness my
STATE OF ARKANSAS ) hand and seal this Ik Y4� clay of
Washington County ) SS. J 19
I, Alma L. Ke!lmayer, Circuit Clerk and Ex-Officio Recorder for if ��
Washington County, do her=by certify that the annexed or fore. City Clerk and ?x-Officio Recorder ,
going in +rument Was fila d for record in my office on the�day
of (4�a 11!° �
—1 /a� t ocordyi M, and tparrehe els 13
duly re_ rded in /0.. AL�racord
, 1 /� O at pano�
Witness my hand and seal this[ day of
Circuit Clerk and
Ex-Officio R rde
ay ___
Deputy Glerk ,
ZDINA.NCfi anymti g AdieIe V ofdue Fayevevilla Cade of I
Ordinances to addSection }117 pro
hibitin4 the servins ar eawnWuon of
mixed driulu, beer w wine in private - STATE of ARKANSAS 1
- clubs between the hours at 2:00 a.m. J} �.
and 10:00 a.m.: prescribing penalties I County of Washington
for the violation of Mid prohibition;
anddec ring anemug2%
WHEREAS, the Board d17awtun
NH
a determined set the cosrm
aptim j�j�j�„^. . hereby certify that I
of skoholic beverages by paw, of a dally
pnrate club into the tidy morning am the Publisher of THE NOR HWEST ARKANBAB TIMES,
Mur increases use likelihood d
disturbances an motor vehicle ac newspaper having a second class mailing Drivileg& and being not lase than
cidems; and - tour pages of five columna each, published at a fixed place of business and at
Ow WHEREAS, the Arkansas OI
Premise Cmwmption Act provides at g flied (dally) intervals Continuously fn the City of Fayetteville, County o[
Ark. SUL Ana cN412 that nothing to Washington, Arkansas for more than a period of twelve months, circulated
MW Ad shell be construed M limiting 1
the power of local governmental and distributed from an established Place ot . busiaess t0 subscribers an
bodies to regtdete .the operation tl
fixed private club M may be necessary for I readers generally of all classes In the City & county foraixeddefinite ot wprice what to
or
the protection d public health. I each copy, or a fixed price Der annum, which price was fta
welfare• safety,and morals; and
8 Board d, Director considered the value of the publication, based upon the Wawa value as
WHEREAS. th
has determined that an ordman`e pro service value it eontaiusthat at least tatty percent of the, . eubecrlbere
hibiting the servfn& miringm or ta
• tumption d e.alcoholic beveragat thereto have paid cash for their subscriptions [O the newspaper or its agent;
pnvaornle clubs s during the early morning or through recognized news dealers over a period of at reset six months;
.bis ery for d
the motection
the public health• welfare, safety and that the said newspaper publishes an average of more than. forty percent
mNOW, THEREFORE, BE -IT OR• news matter.
DAINED BY THE BOARD OF DLR
TORS OF THE CITY OF FA YET i I further certify that the legal notice hereto attached in the matter of
TEVILLE, ARKANSAS: '. ..
Section 1.That Article V Of Chapter 2 r \
of tie FayetterUk Code tl ONbaop'. n 7f ( 1
is hereby amended by adding Section'.
}117breadasfolbws: 1 ) 1 i 111 Ass \ C
Sec. 2.117. Unlawful m serve orper� /
mit the consumption of Alcoholic
said newspaper for
beverages between certain hours.
It shall be unlawful lar the ow0erwas published In the regular daily issue of„
0aper for, or any employee d a private, consecutive insertions as follows:
chem, M defined by this article, to' ^ Q'
18—SJ
serve or permit the consumption dI day of J� --
mixed drinks beer W wine on the] The first Insertion on the
premises d sats private dub between I
the hours of 2:00 A.N. and 10:00 A.M. I day of - 19
m any day. Any person convicted d'. the second Insertion on the
violating this section shall be punubed l
by a fire d tsae.uu for each violation; I . day of 19
an, for second am sumequmtrnmie- ] the third insertion On the
time d this mum involving the same I
Vrivate club, the local license required I An of 19
by sec. 3.112 shell alsa be suspend and the fourth insertion on the 7 -
far a number of days equivalent to L4e (y,
inial rub. D ri g such convictions m ane.
said ebb. During Burs the MON it �Ra♦ L
shed b or unlawful for the owner,
operates, m tanyo
muemployees of su
rmit
pr" m club , serve. al Dermic
the consumption of alcoholic
beverages m the premises d said Sworn to and subscribed before me on thio / ] dry of
private dub. Any person pnrldedd
serving or cmn
Of at 2
r /<// /.,�
dub for which the local Liberals hes , A 19 a
been fuspened shall be punished by •
me of on 2. 7 mead.vtolaliOf
asetlm k Tbe hereby
cla this oro 7��^
diMnp an the declared vi hos
severable.declared tie event arty preddon DIp y pnb1lC
mast is hrw m be uncainvalid.
id
tiaoul or otherwise seta affect
Mid
declaration shall of aced she nudity
of the remaining Provisions. My Commission Expires:
Section 2. The Board Of Direcmn; .
hereby determine that the serving - l. allniJ .
. and consumption of alcoholic
beverages in private club during the
early morning hors increases the
likelihood of d'abnDanaes an motor :.i ) I I 4 '
vehicle wddenca: that prohibiting the
.serving and consumption of alcoholic Ll •. e
beverages at private club in the eddy Fees for Printing
morning haus is necessary for the
public health, safety. INcHm lied 1
Cost of proof
moral.: an that the immediate .�--
Passage d it" ordinaries b Mnaury
to prohibit turn serving an tosaump• i TOW "
tion d alcoholic beverages. Thereinto. Total i •'�,,. " ' :I ,\'�1'\ :• '
an emergency is hereby declared m
exist an this aNmaMe behgl • i:grtull`J`•
nec'esury for the public bealth• safety.
welfare and tomb shall be In full
torp .n died from and dist Its qpR �F
pPASSSED ANDA PROVED this M
day tlApril,.�:rV APPBOVED: 9 26f
? tU .'.1 �.lt-.Pad R. Nolan CCi 9e•l
fl. .�n ,7.. Y� MAYOR �Ujyvl,
ATTEST: ..•.o 7s• :' .S
Shtrry
CT.E]ig Rowe
QTY
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