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Home My WebLink AboutOrdinance 3238 FILED FOR RECORD MICROFILMED 087 AN 29 PM 3 91 ORDRWCE ND. 3238 WASHINGTON COUNTY AR ALMA KOLL�� IMEYER AN ORDINANCE AMENDING CHAPTER 3 OF THE ErA R r �EVIr , R K CODE OF ORDINANCES TO PROHIBIT THE SALE OF BEER OR LIGHT WINE AT RETAIL FULL SERVICE GROCERY STORES .I AND CONVENIENCE GROCERY STORES . WHEREAS, the Board of Directors has determined that grocery stores in the City of Fayetteville have expressed a desire to sell beer and �? light wine for off-premise consumption ; and c+ WHEREAS , the Board of Directors has determined that the sale of beer and light wine by grocery stores would increase the consumption of such alcoholic beverages by persons under 21 years of age ; and r'0 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. §48-517 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 . Stat . Ann . 9§ 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 . NOWF THEREFDRE, BE IT ORDAINED BY THE BOARD OF DMMURS OF THE CITY OF FAYETTEVILLE, ARKANSAS ; Section 1 . That Chapter 3 of the Fayetteville Code of Ordinances is hereby amended by adding § 3-72 to read as follows : Sec . 3-19 . Sale of Beer or Light Wine for Off-Premise Consumption Prohibited at Retail Full Service Grocery Stores and Convenience Grocery Stores . ( a ) The sale of beer or light wine for off-premise consumption shall be prohibited at retail full service grocery stores and convenience grocery stores. Section 2 . Ordinance No. 3236 is hereby repealed . LIBER 1211 PAGE -2- Section 3 . The Board of Directors hereby determines that the sale of beer or light wine for off-premise consumption at grocery stores would increase the consumption of such alcoholic 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 20 day of January , 1987 . APPROVED By : &IAILQ&OM -4ACJ Mayor 19 it CTezk" LIBER1211 ?*t6?7 I, Alma r, Circuit Clerk and CERTIFICATE OF RECORD E caicia :. ,r. ;r„ , , ,: co.o r C nty, Arkansas, Co h:,:ch; c.nily !h R this in, State of Arkansas ( SS strumcnt wag ?1!,d for :cco. d in my Olfito City Of Faycit'rNille as indicalcd hereon and tim ' H_ rs new I, .Suzanne C. I1 L''1 C'i y, City Clerk and duly record_d wl!h tha ad::N wladg.:meet Ex-OfFieia recorlcr fs t;te C `> of Fayetteville, and cer!i ;c.!c theta, Id kedorj Uouk and d0 17eTC1 ;v c:: r(I '{ ti191 h Jr lore- Page as indicated thetedn, goilu; i? Oi ret JCC: in .ny '' V:"c •`. . .,ct:ne ap- IN WITVFiS M49KIOF; 1 h&d Ai ,6Unie pears in Ordinance i Reti liution book set my Nand and atf7Pld the sial of Sao Court on the dayt lhdifATdJ ha'/ m'.. Qss my AtAu Ka r hand -and � ti ,a , ;; 9`7 day of a-' € i €}p( - - iwu E l ty Crede :,ad C:U. i_io Rec er ORDINANCE N0.8y AN ORDINANCE AMEN DING CHAPTER ] OF THE STATE of ARKANSAS FAYETTEVI L LE CODE I OF ORDINANCES TO +s 1 PROHIBIT TRE BEER OR LIGHT ST WINE AT SALE OF County p( \\'a]nln QlOn RETAIL SERVICE GROCERY STORES AND /\ CON V E N 1 E N C E l It i i a - hereby eerlifv IEaI I GROCERVSTORES. Ob HEREBeesI" Boarrd0 am mepubllsnerul�THE SURi I(WESTARICAA'SAS TIYIES. adally' newspaper OOrs determined that grocery star" in me Cl. having a second class malling privilege. and being not less than four pages of tY Of Fayebevbla neve ea. five columns each. PublishN at a (lard place of business and at a fixed Idallyl Prisms • III to "n Bear Intervals rnn0nuoost)' In the CITY Of Fayeuevlife. County of Washinpmn. Arkansas And light wine for off. premise consumption; and for more than a period of twelve months, circulated and distributed from an DICICtOrS WHEREne'+I@Boarrine0 established placeal business to subscribers and readersgenerally Of allclasses that the tale Of bear and I In the City and County for a definite price for each Copy, or a fixed price per Iµeut wine by grocery star" . annum. which price was fixed at what is considered lhevalueORhe publication. la increase me Com motion q Such alcoholic based upon the newsvalue and sen'I<e daluelt contains. that al leap fifty percent Beverages by persons VMar Of lhesubseriberS lherelOnaCe paldeash for their subscriptions to lhenewlpaper ]I yersq epee; end WHEREAS. Ina Bwrd q or Its agents or through recopnired news dealers OVer a period of at least SIX Directors n" BehrmlMd months; and that the said newspaper publishes an average of more than forty ICMPIICthe p trop consumptIaby For. percent news matter. morunder 21 Years of am ge eases me likelihood of 1 further certify that me legal notice hereto attached In the matter of disturbances and motor y !CI•accid ts: also _ WHEREAS. Ark, Slat. Arm. W-317 oromd" in*? , /ly S Jt. L2 < ' /!(• . , �Ja Incorporated Cities are / tMrmts lO w+s proper vlssue Of said newspaperfar ordinances Imposing Was published In the regular datl, restrictions an ma retail moo cslpl cullve insertions as follows: q Beer and fight wIM as will Promote Public health, ppq maralaandealaty; and . The first Insertion On Ihe .. 2.)!nl day of - ' 19 yl i WHEREAS. Ark. Stat Ana $SIP TWO 1910a) pro. Visors that any city a m° first class Is utnorired to Ne second Insertion On the day of 19 Poercise lull legislative wer and In any and an the third Insertion On the day Of 19 hers of whatsoever ""lira wrtalnlnv IO ua unlgpai afrfltI az ct and the fourth Insertion On the ].y stakeaffairs . Mt In conflict wlrn+W. TH . r NOW. THEREFORE. BE ORDAINED BY THE B 1 .{ BOARD OIRECTO 'Tl i OF THE CITY OF FAYET- T $w0ln 10 and SYOSCIIbPd before me n 11113 day Of TEVILLE,ARKANSAS: 1 Section 1. That chapter a 7 I L ' r A IL39 q the Favol evllle Clyde q J r l I l r l Ordinances Is hereby ! V nmerMed by adding Sag] IaI ada+tougws: f ofOuPublfIc ' SK. ] 19. Sale q Bear Or t Light Wine for Off-Premise consumption Prohibited Cil Rebel Full Service 0 My Commission Expires; Stores and COnyoin1= Groceryslut". (a) T "Ie Of Dear Orl C) cont worM / our g4portmilkii nmoumae Shull " pro, e0 at retail full ervme nlM « andCony .or :v SIM". SKIm g. Ordinance b e ' / Fees for Printing — S ]]LIaMryThe led. SSection ].. The Board q Directors hereby rotor frost of Pro"( _ B mines loot me Yale gPoor W dont wine for ? oreml» mwould at grocery Total _ 5 cornu n (Such alc ins umoles"of arch alcoholys er 21 Yeaa By wr.hatI under Ci ]I wars Of eon man ' rho ore"s by kii q asunder Beyraws by ester 21 years age mCwathe likelihood Increases q elswrwM"- ane motor vthe o .Col-' amu: sell that ma Ism rsof.I are ws"w a cob oral.. naive 1s ruessmary in pre'. age+ by w s unen .n smear r ay.. theta emergency Is ne.:b' declared re exist also cob w dura to Being nKew.r tdr I" PutillNMalth, safety, me ' so am IMKI from aMa ry . Pail do 10 full ft" ASSED AND APPROV. ED this M day Of amuunrv. IN). APPROVED By: Marilyn POV E0 ATTFCT MaYOr