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HomeMy WebLinkAboutOrdinance 3207 MICROFILMED ORDINAtKE NO. 3207 �&6 pn F°�R 4Fo AN ORDINANCE AMENDING CHAPTER 3 OF THE FAYETMw ., FYT1O �C090 CODE OF ORDINANCES TO MAKE IT UNLAWFUL FOR A NYFI�JOR TO ATTEMPT TO PURCHASE OR OTHERWISE OBTAICANY T ALCOHOLIC BEVERAGE . ^. � /r °� WHEREAS, the Board of Directors has determined that persops':undei' 21 years of age are consuming alcoholic beverages in the City of 'Fayette- ville contrary to State law ; and /' WHEREAS, the Board of Directors has determined that the consumption of alcoholic beverages by persons under 21 years of age increases the likelihood of disturbances and motor vehicle accidents ; and WHEREAS, the Board of Directors has determined that an ordinance prohibiting persons under 21 years of age from attempting to purchase or otherwise obtain alcoholic beverages would reduce the consumption of such beverages by minors and is necessary for the protection of the public health, welfare , safety and morals . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARRAFISAS: Section 1 . That Chapter 3 of the Fayetteville Code of Ordinances is hereby amended by adding §3-77 to read as follows : Sec . 3-77 . Unlawful for minor to attempt to purchase or otherwise obtain alcoholic beverage . (a ) It shall be unlawful for any person under the age of 21 years to attempt to purchase or otherwise obtain any alcoholic beverage from a retail dealer who sells such beverages for off- premise consumption or from a public tavern , restaurant , or other establish- ment which sells such beverages for on premise consumption . ( b ) Any person convicted of violating § 3-77 (a ) above shall be punished by a fine of not less than $100 . 00 and not more than $500 . 00 or double that sum for each repetition of such offense . Section 2 . That Chapter 3 of the Fayetteville Code of Ordinances is hereby amended by adding §3-118 to read as follows : Sec . 3-118 . Unlawful for minor to attempt to purchase or otherwise obtain alcoholic beverage . ( a ) It shall be unlawful for any person under the age of 21 years to attempt to purchase or otherwise obtain any alcoholic beverage at a private club. LIBER 1197 PAGE 094 2- ( b ) Any person convicted of violating §3-118 ( a ) above shall be punished by a fine of not less than $100 . 00 and not more than $500 . 00 or double that sum for each repetition of such offense . Section 3 . (a ) A person violating § 3-77 or § 3- 118 above may be detained in a reasonable manner and for a reasonable length of time by a peace officer or the owner, operator or an employee of a public establishment or private club where alcoholic beverages are sold or dispensed for off-premise or on-premise consumption . Such detention shall not render the detainor criminally or civilly liable for false arrest , false imprisonment or unlawful detention . ( b ) A peace officer may arrest without a warrant upon probable cause for believing the suspect has cammitted the offense of attempting to purchase or otherwise obtain an alcoholic beverage . Sufficient probable cause may be established by the written affidavit of the owner , operator or an employee of a public establishment or private club where alcoholic beverages are sold or dispensed for off-premise or on-premise consumption to the peace officer that the affiant has observed the person accused committing the offense of attempting to purchase or otherwise obtain an alcoholic beverage . Section 4 . The manager of any public establishment which sells alcoholic beverages for on-premise or off-premise consumption , and the manager of any private club which serves alcoholic beverages for on-premise consummation shall be required to post in a conspicuous place a notice stating : NOTICE TO PERSONS UNDER 21 YEARS OF ACE You are subject to a maximum $500 fine ( 1st offense ) or double that sum for repetition of such offense for : 1 . Misrepresenting your age for the purpose of obtaining liquor , beer, or alcoholic beverage . 2 . Purchasing or otherwise obtaining liquor , beer , or alcoholic beverage . The size of said notice shall not be less than 8 1/2 inches by 11 inches . Section 5 . The Board of Directors hereby determines that persons under 21 years of age are consuming alcoholic beverages in the City contrary to State law; that State law does not make it unlawful for a minor to attempt to purchase or otherwise obtain alcoholic beverages ; that the consumption of alcoholic beverages by persons under 21 years of age increases the likelihood of disturbances and motor vehicle accidents ; that an ordinance making it unlawful for a minor to attempt to purchase or otherwise obtain alcoholic beverages will reduce consummation of such beverages by such persons ; and that the immediate passage LIBER 1197 PAGE 095 -3- of this ordinance is necessary to reduce the consumption of alcoholic beverages by persons under 21 years . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPRUVED this 2nd day of September , 1986 . AP > PRO i 4) && Mayor l tx ._ lot { BSF yt;r t erk } _ t C �1l (IBfR1�9�PgGE Q96 CERTIFICATE OF RECORD I CERTIFICATE OF RECORD STATE OF ARKAh SAS'Washington county I SS.. - t,tt9 Of Arkattsa5 ( SS I, Alma L. KelLneyar, Circuit Clerk and Ex-Officio Recorderfor (:ity Of F.:yettevilie Washington Count,. do iter by certify that the annexed or fore- I. going ims`rument .:..�' Tiled for re-ordin my o iice on tha)Qday I. .. me C. Kennedy, City Clerk and r � A of�.__1it�„ n'alo^.R-CM, and the same is I; t- Jfriciorecorclerfort'�eCity �IFr;y: a^ :ille, � r,,-o;d ( at page duly recordid in _ t.10 hceU,T cc:r+. ify drat the a:::i.i r ' re- - Witness my hand and seal this _. day K�19 ;ci r in cf "2cord in my ofiice a 1 ;1 " •e ;1p- ne.;173 `in, Ordinance f� Resolution brio C Circuit Clerk and 1 V ,a n1re •S E;-Offido R ded By D ty Clerk Cityv� e(Y" rk and E�:Offic_to i?ec0rd ORDINANCE No. 3207 , AN ORDINANCEAMEN- 1 DING CHAPTER T0F THE ' �, y FA 13 TORD EVILLF ODE S TO ,MAKE 'IT UNLAWFUL ; FORA MINOR TO AT- TEMPT TO PURCHASE OR ! ' OTHERWISE OBTAIN ANY STATE of ARKANSAS ALCOHOLIC BEVERAGE. 98, WHEREAS, THE Boaroa/ Directors has determined County of Washington that parsons under 21 years of age am consuming alco- holic WV8"5 in the City of �]�� ' �+ / Fayetteville contrary to'. I, (.( IC x!X ee- ( _ hereby certify that I state WHERfend 0 EAS, iha Board of am the publisher oHE NORTHWEST ARK SASTIMES, a dally newspaper WHER . Directors nos determinedi Legal Notices; having a second class mailing privilege. and being not less than four pages of that the consumption of a1. arrest without a warrant five columns each, published at a fixed place of business and at a fixed (daily ) CoholiC beverages by per- upon probable cause for kintervals continuously In the City of Fayetteville, County of Washington. Arkansas sons under 21 years of age believing the suspect has ; increases the likelihood of committed the offense of at. . for more than a period of twelve months. circulated and distributed from an disturbances and motor tempting to purchase or ! vehicle accidents: and otherwise Obtain an alcohol- ' established place of business to subscribers and readers generally of all classes WHEREAS, the Board of is beverage. Sufficient i In the City and County for a definite price for each copy, or a fixed price per Directors has determined probable cause may De es- - annum, which price wag fixed at what Is considered the value of the publication, that an ordinance pro tablished by the written af- moiling persons under 21 fidavit of the owner, opera- based upon the news value and service value it contains, thatat least fiftypercent years of age from attemp for or an employee of a of the subscribers thereto ha ve paid cash for their subscriptions tothenewspaper ling to purchase or other- public establishment or or Its agents or through recognized news dealers over a period of at least six wise Obtain alcoholic bever private club where alcoholic R g g ages would reduce the con- beverages are sold or months; and that the said newspaper publishes an average of more than forty sumption of such beverages dispensed for off premise or percent news matter. by minors and is necessary on premise consumption to for The protection of the the Peace officer that the at- public health. welfare. Safe- tan accused observed t legPer. e I further certify that the legal notice hereto attached in the matter of ty alta morals. NOW. THEREFORE. Se often" of atlemotiM to our- or ORDAINED BY THE chafe or otherwise o0tam an i ' alcoholic beverage. !/ BOARD DIRECTORS Y OF THE CITY OF FAYET Section a. The manager of TEVILL E. AR KANSAS: any public esiebfisn1ment I Section 1. That Chapter 3 which sells alcoholic Dever I newspap was ublished In the regular daily issue of said erfor of Me Fayetteville Code of ages for on premise or off i p p p Ordinances is hereby premise consumption, and j consecutive insertions as follows: amended by adding S3-77 to the manager of any private I readasfollows: -. -- club which serves alcoholic I /U � L �({'b Seca 3.77:- Unlawful for beverages for 0n-prem'se The first insertion on the day Of 19 cL_ minor to attempt to our consumption' shalt be re- Chase or otherwise. obtainquired to post in a conspicu- the second Insertion On the da Of 19 alcoholic beverage. - ous place a notice stating : y (a) it shall be unlawful for NOTICE TO PERSONS e any person under the age of LN DER 21 YEARS OF AGE, the third Insertion on the day Of 19 21 years to attempt t0' pur Yalu are subject to a max- I chase or otherwise 'obtain imuni $500 fine (1st offense) I any alcoholic beverage from or double that sum for repe- and the fourth insertion On the — dal/ OIL 19 -- aretail dealer who sellssuch titionof suchoffensefor: beverages .for off-premise 1. Misrepresenting your consumption or from ease for the purpose of Ob public tavern, restaurant, or taining liquor, beer, or alco other establishment .Which_ holic beverage. - sells Such bevOregeS' fOr on 2Purchasing or Otherwise S Or❑ IO and subscribed before me 0 this ( day Of premise consumption. _ ' , obtaining liquor, beer, or al- (b)'-Any person convicted coholic beverage.. i(. q of violating 'S3-77(a) above . The size of saW ...ice /�-�-- Shall beunished by a fine of ,shall not be less than 81/2in not less than:$100 .00 and not chesby 11 inches: more than $500.00. Or double - - Section 5- The Boartl Of that sum for each repetition Directors hereby det¢r (No aryPublic of such offense. ' ,- - mines that Persons untler 21 \ / Section 2. That Chapter 3 years of age are consuming of the Fayetteville Code of alcoholic beverages in theI My Commission Expires: Ordinances is hereby City contrary_ to State law; /f amend" by sorting S3-118 to that State law does not make 1 (,Y read asfollows: it unlawful for a minor to of Sec. 3118. Unlawful for tempt to purchase or other mindr to attempt to pur wise obtain alcoholic Dever chase or otherwise obtain ages; that the consumption alcoholic beverage. of alcoholic beverages by (a) it Sri p* unlawful for persons vnaer 2I years of t any person under the age of age increases Me r.elihood Fees for Pr inlmR -. _ - J 21 years to attempt to our or cStur Dances and motor chase Or otherwise Obtain vehicle accidents: i.net an ti/ 1 any alcoholic beverage at a oreinance makingit privateclutc. unlawful for a minor lCost of Proof at- to) Any Person convict" of tempt to purchase or other violating S3 118(,) above wise Obtain alcoholic bever- Total shall be punished by a fine of ages will reduce consump not less than $100.00 and not tion of such beverages by more than 5500.00 or double Such persons; and trial the that sum for each repetition immediate oassage of this of such offense. ordinance is necessary to Section 3. (a) A person vio- reduce the consumption of lacing 5377 or S3-118 above alcoholic beverages by per- may be detained in a rea- sons under 21 years . sonable manner and for a Therefore, an emergency is reasonable length of time by hereby declared to exist and a peace officer or the owner, this ordinance being neces- operatororanemployee Ofa sary for the public health, public establishment or safety and welfare snail be private club where alcoholic in full force and effect from beverages are sold or and after its passage and dispensed for off-premise or approval. AND APPROV- on-premise consumption. PASSEE O this 2nd day o 1 Such detention shall not render the detainor crimi. September, 1986. nally or Civilly liable for APPROVED false arrest, false im - By: Paul R. Nolanc prisonment or unlawful ATTEST Mayor oetention By : Suzanne C. Kennedy for A "ace officer may City Clerk INVOICE MAKE CHECKS ' 032392 . [ 107924 FOR CLASSIFIED PAYABLE TO + ADVERTISING CLASS CODE w NORTHWEST 102001 X62 . 7 ARKANSAS TIMES IF NOT ` - AMOUNT DUE P.O. DRAWER D PAID BY WILL BE 212 N. EAST AVE. -13977!=- r4vz2ft� FAYETTEVILLE. AR 72701 AGATES I LWESQ WORDS I INCHES ZONE 102- 107924 09 /09 /86 280 O 819120. 0 EDITIONS OPEfl S/V A 00 V SKIP SCHEDULE 31 F- TO: AD GIVEN BY PHONE City of Fayetteville 501 -000-0000 Drawer F INDEXING TERMS ^'ORDINANCE No . 3207" "-f O3"-AN Fayetteville AR START DATE STOP DATE 72702 09lfOf86 09/ 10/86 ETURN THIS PORTION WITH PAYMENT I �.m