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Home My WebLink AboutOrdinance 3236 i FILED FOR RECORD ' 87 AN 29 Pel 3 41 WASHINGTON COUNTY AR MICROFILMED ORDIINAKE ND. 3236 ALMA KOLLMEYER CIRCUIT CLERK i U AN ORDINANCE AMENDING CHAPTER 3 OF THE FAYETTEVILLE CODE OF ORDINANCES TO RESTRICT THE SALE OF ALCOHOLIC J' BEVERAGES FOR OFF-PREMISE CONSUMPTION TO RETAIL ULIQUOR STORES . WHEREAS, the Board of Directors has determined that grocery stores and convenience stores have periodically made application to the Arkansas -"j Department of Alcoholic Beverage Control for a permit to sell alcoholic v beverages for off-premise consumption ; and j WHEREAS , the Board of Directors has determined that the issuance 10 of such permits would increase the consumption of alcoholic beverages by persons under 21 years of age ; 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, Ark , Stat . Ann. X48-517 provides that incorporated cities are authorized to pass proper ordinances imposing restrictions on the retail sale of beer and light wine as will promote public health , morals and safety ; and WHEREAS, Ark . Stats . Ann . S§ 19-1042 - 19-1043 provides that any city of the first class is authorized to exercise full legislative power in any and all matters of whatsoever nature pertaining to its municipal affairs and to state affairs if not in conflict with state law. NOWv THERE!�QRE, BE IT ORDAIlED BY THE BOARD OF DDWIORS OF THE CITY OF FAYE IEVILdE, AMVV3AS : Section 1 . That Chapter ..3 of the Fayetteville Code of Ordinances is hereby amended by adding § 3-19 to read as follows : Sec . 3-19 . Sale of Alcoholic Beverages Restricted to Retail Liquor Stores . ( a ) The sale of alcoholic beverages for off-premise consumption shall be restricted to retail liquor stores the principal business of which is the sale of alcoholic beverages . LIBER1211PAGE 622 �� ( b ) It shall be unlawful for any person to sell any alcoholic beverage for off-premise consumption unless the sale is made at a retail liquor store the principal business of which is the sale of alcoholic beverages . ( c ) Any person convicted of violating this § 3-19 shall be punished by a fine of not more than $500 or double that sum for each repetition of such offense . Section 2 . The Board of Directors hereby determines that the sale of alcoholic beverages for off-premise consumption by grocery stores , convenience stores and other commercial establishments the principal business of which is not the retail sale of alcoholic beverages would increase the consumption of such beverages by persons under 21 years of age ; that the consumption of alcoholic beverages by persons under 21 years of age increases the likelihood of disturbances and motor vehicle accidents ; and that the immediate passage of this ordinance is necessary to prevent an increase in the consumption of alcoholic beverages by persons under 21 years of age . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 6 day of January 1987 . APPROVED By : Mayor C `t Clerk' / r' LIBER1211 PAGE 623 I, Alma Koflmsy?•, wCuil Glerk Edd CERTIFICATE OF RECORD Exroffido Recp: etbr :0 wl=Sh ?n6ion Eouniyt t Arkansas, dd herefry fe flN tHEI this id� State of Arkansas S.S. strument was f,ied'fdr tced:d in ny dffic4 city Of F:1)'ftl::h'i':1C ( as indicaled her idn and fSe same ii nb'w- I, S_zznre C. Re:r :e :Y. City C,CTk and duly rat® deJ with f{ 6 Sckno vld lgo eh/ Ex-Offici:) recur-l.er fer tSe C!!'Y ,f F:!Y tteville, and urrticaiJ if, pio"6;, ; kecdrd fadk and do hereb +t• •T i.")re- Page d{ fnBI041 th..,i ; - cerr'y t ,t . - t r IN WIYNi'$§ 'c7ryERE0F; 1 k %a liereu'nrtd goin) is of re . d ) y a aP / n_C tool; sef W kalif! add dI&S4 fife seal of saig pears in Ordlna q Coan dit rfid ddrr Iridtfatbd ffo'rs6rAi -it iV11c: s ,, Alms i�flf7&yQ! hand and seal tills -3–cd his--3-- --- — of Grgdl ekrk ss/ �y�� 4vAiapn4lr City Cle and Es-O_ficio Fecorder Legal XDtim lI ORDINANCE NO.3734 1 AN OR DINAN C EI AMENDING CHAPTER V OF THE FAYETTEVILLEI ,CODE OF OROINANCE51 STATE of ,TI KANS.T.L 1 TO RESTRICT THE SALE $ ll` IM. - OF ALCOHOLIC BEVER AGES FOR OFF PREMI SEI county of wJshlnRlOn CONSUMPTION TO RETAIL LIQUOR STORES. I WHEREAS. me Board Of [\./� JJ( 1 ( hereby CCr11fT IhJI 1 'Olreclore be eelerm In ,\ . . ' mal gr«..v Noes Pena cm wondered scorn nava parioe am the publlsmer V THE SOR'19If1 EIQ¢e\ a�n0 being not less than four pages Of IuuY made apRllcallon to having a Second Class mailing P lite Arkansas Be Depenmem M Mceevarage eonvpl flue columns each, published al a fixed place O! business and at a Cited Ida -a for a permit to Sell alcoholic ImervaIsrnntriflO sly Inthe Clly0! FJtellevlllc. Cnunl)' of t\ashinQmn, dfkanss beverages for plbpremlLl for more than a period of Iw'elfe moot h S. nrcula tell and dlstrlbu led from as consumption and PI of bu sinless to subscrl be IS and readers Romero lly of all Classes WHEREAS. Wine Board of established P fl[e er Directors nae determined In the City and County for a definite price far each copy. Or a Itself p P that Ind Iswance of auto publication. Permits wait moeaL me annum. which price was Used al what IS considered the value of the umpnonof atcohduc baseduponthe news valueand service valueltconelns. that at least (City percent Beverages by persons under of the subserlbers therein have pa id cash for their subscriptions to the newspaper 21 WHEREAS. and WNEREa a IOn Board esti Of Its agents Of 111[OUgh fCCngnited news dealers over d period Of at leas{ s x Directors nos eeer"":d months; and Thal the said newspaper publishes an average of more than Carry Cohi Oemapesthat UIS lOOY«per' percent news matter. ender xl wen Of ape Increases me Iekeuhoed a { further certify Item the le notice hereto attached In the matter of disturbances d +or vehicle CCxUdq : aM WHEREAS. Ann: s 517 1 pvl0es mal incorporated conn are NnM / aNed le pass proper pos ordinances imt no Issue d( said newspaper for resvkfions en me ratan"Is was published In the regular dally q of Beer and light wide as will consecutive insertions as follows: 19 promote Culotte health. /� � morals and"toy; am ^ ( dd Of �— WHEREAS, Ark. Stals. The fir InSPfllOa On 111E ' y �u'.L` via" that 10112 19 1 n apme 19 tint class Any aoinwlaad to Ne second Insertion on the day of rise fou legislative 19 nawerinanYandanaen of �- on whosoever nature Fair- fishing the third Insertion an the day fishing m In municipal at 19 m m faln and to stale affairs if and the fourth Insertion on the . dayig nconflict with nate law. / NOW, THEREFORE. BE foci 1T ORDAINED BY THE BOARD OF DIRECTORS t" OF THE CITY OF FAYET- / day Of TEVILLE. ARKANSAS: Sworn 10 and Subscribed before me an 1h13 Section 1. Thor Chapter a rt Of the Fayetteville Cade of l y O t( . Ordinances by adding hereby t readastaaows: Sac. 3.19. Sale of AICD OIIc Not Publlc . Beverages Restricted to Retail Liquor Stone / (a) The paid al alcoholic overages far Cut premise my Commission Expires: consumption small be restricted to retail liquor stores fn• principal business r a which Is me Lie of alto- holicaverages. to) li Lsu be unlawful for nY preens to LII any oleo moue pbeverage for off- )at { ( ) 0�t Bito iiie conm.mtio unments Fees for Printing -- S a retail Ngoor •Iw• their wlnchwl eushwndo whin If in* Sale Ca51 of Prod( - 5 (CI Any MrswN conviction W violating this sU'lv small Total be re The by a sena a Imt � more man feac Per elmon that sum par each rewlmW of such often". Section x. The Boers f- mllnes mat hereby e a se of alce' heat beverages ileo def ' promise consumption grocery tere one other commercial 1 nLeHsnme ds me principal retail "l�W a$cM tlic das had y .rage, would Increase IM consumption Of such bevw ages by p s under xl years 01 w: that the con pnen W alcoholic never spas by pwswU under 21 Years to aw Incr•aLs me likelihood of elsfurbancn and motor vehicle . - plants: and that rhe Immed ,If passage ofethis to yes' ens en Ineteam in the con somntiw Or alcoholic paver hon by persons under set years at see. Therefore, an emergency IS hereby declared to exist and this w- ninnies "Ing necessary for ltN Waite health, "i a" models shall do In tall force and effect tram and after Its paPASSEO AMO APPROV ED Isle s day of lsnuarY. IPSP APPROVED . _��<BY: MarIYn JOMawr