HomeMy WebLinkAboutOrdinance 4042 ORDINANCE NUMBER 4 0 4 2
AN ORDINANCE REPEALING CHAPTER 111 OF THE CODE OF
FAYETTEVILLE AND ADOPTING GENERAL AND SPECIFIC
PROVISIONS, REQUIREMENTS FOR PERMITS, FEES, AND HOURS OF
OPERATION FOR THE REGULATION OF ALCOHOLIC BEVERAGES
WHEREAS, an election was held on March 26, 1996, pursuant to Resolution Number 18-
96, at which election a majority of the voters of the City of Fayetteville voting in the election
approved the sale of alcoholic beverages for on-premises consumption in the City in accordance
with A. C. A . 3-9- 101 et seq; and,
WHEREAS, A. C . A . §34-202 provides that all municipal corporations may license and
tax the manufacture and sale of vinous (except wines), spirituous, or malt liquors by the permittees
so authorized by the Alcoholic Beverage Control Board for the State of Arkansas; and ,
WHEREAS , A. C. A . §3-5-211 provides that it shall be unlawful for any person to sell,
distribute, or manufacture beer and light wines without first having made application to and
obtained a permit from the city where the business is to be conducted; and,
WHEREAS, the City Council wishes to amend Chapter 111 , Alcoholic Beverages, of the
Code of Fayetteville to provide for on-premises consumption as well as to update and clarify
existing regulations .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 111 of the Code of Fayetteville is hereby repealed and the
following shall be inserted in its stead:
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CHAPTER 111 : ALCOHOLIC BEVERAGES
GENERAL PROVISIONS
111 .01 APPLICABILITY.
(A) It is hereby declared that the business of manufacturing, transporting, storing,
handling, receiving, distributing, selling, serving, or dispensing, either at wholesale or retail , any
controlled beverage, except wine, within the City of Fayetteville, is a privilege, and for the
exercise of such privilege there are hereby imposed the regulations, requirements, restrictions,
fees , and taxes as set forth in this chapter.
(B) These general provisions shall apply to all permittees in addition to any specific
provisions under individual headings for each type of permit.
111 .02 DEFINITIONS :
For the purposes of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning . Words and phrases not specifically defined in
this Chapter shall have the meanings assigned by Title Three of the Arkansas Code Annotated
and/or the Arkansas Alcoholic Beverage Control Division Regulations .
Alcoholic Beverages means all intoxicating liquors of any sort, other than beer and wine.
Beet means any fermented liquor made from malt or any substitute therefor and having an
alcohol content not in excess of five percent (5 %) or less than one-half of one percent (0.5 %) by
weight;
City means the City of Fayetteville, Arkansas .
Controlled Beverages means all beverages of any kind subject to regulation under any
alcoholic beverage control law of the State of Arkansas and this chapter.
Hotel means every building or other structure commonly referred to as a hotel, motel,
motor lodge, or by similar name, which is kept, used, maintained, advertised, and held out to the
public to be a place where food is actually served and consumed and sleeping accommodations are
offered for adequate pay to travelers or guests, whether transient, permanent, or residential, in
which fifty (50) or more rooms are used for the sleeping accommodations of such guests and
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having one ( 1) or more public dining rooms with adequate and sanitary kitchen facilities, and a
seating capacity for at least fifty (50) persons, where meals are regularly served to such guests,
such sleeping accommodations and dining room being conducted in the same building or in
separate buildings or structures used in connection therewith that are on the same premises and
are a part of the hotel operation.
Large Attendance Facility means a facility housing convention center activity , or tourism
activity , or trade show and product display and related meeting activity , or any similar large
meeting or attendance activity, and, either itself or through one or more independent contractors,
complies with all of the following :
(a) Actually serves full and complete meals and food on the premises;
(b) Has one ( 1) or more places for food service on premises with a seating capacity for
not less than five hundred (500) people;
(c) Employs a sufficient number and kind of employees to serve meals and food on the
premises capable of handling at least five hundred (500) people; and
(d) Serves controlled beverages on premises at one ( 1 ) or more places only on days that
meals and food are served at one (1) or more places on premises.
LightWin means the fermented juices of grapes, berries, or fruits and any other mixture
containing the fermented juice of grapes , berries , or fruits, having an alcoholic content between
one-half of one percent (0. 5 %) and five percent (5 %) alcohol by weight.
Malt Beverage Products means any liquor brewed from the fermented juices of grain
having an alcoholic content of not less than five percent (5 %) nor more than twenty-one percent
(21 %) by weight.
Malt Liquor means liquor brewed from the fermented juices of grain.
Microhrewery - Restaurant means any establishment in which beer, containing not in
excess of five percent (5 % ) of alcohol by weight, and/or malt beverage products, containing not
in excess of twenty-one (21 %) of alcohol by weight, are both brewed and sold at retail in a
restaurant setting under the same ownership and in the same building or attached buildings .
On-Premises Consumption means the sale of alcoholic beverages by the drink or in broken
or unsealed containers for consumption on the premises where sold .
Permit means any authorization issued by the Alcoholic Beverage Control Division of the
State of Arkansas and/or by the City pursuant to any Arkansas Alcoholic Beverage Control
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Division Regulation and /or this Chapter 111 of the Code of Fayetteville whether described as a
permit, license or otherwise.
Permittee means the person to whom a permit has been issued.
Person means any natural person, partnership, association, corporation, syndicate, or
company .
Private Club means a nonprofit corporation organized and existing under the laws of this
state, no part of the net revenues of which shall inure directly or indirectly to the benefit of any
of its members or any other individual, except for the payment of bona fide expenses of the club's
operations, conducted for some common recreational , social, patriotic, political, national ,
benevolent, athletic, or other nonprofit object or purpose other than the consumption of alcoholic
beverages. The nonprofit corporation shall have been in existence for a period of not less than one
( 1) year before application for a permit. At the time of application for the permit, the nonprofit
corporation must have not less than one hundred ( 100) members regularly paying annual dues of
not less than five dollars ($5 .00) per member, and, at the time of application, must own or lease,
or be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a
building, property, or space therein for the reasonable comfort and accommodation of its members
and their families and guests, and restrict the use of club facilities to such persons.
Restaurant means any public place or private place kept, used, maintained, advertised and
held out to the public or to a private or restricted membership as a place where complete meals
are actually and regularly served, such place being provided with adequate and sanitary kitchen
and dining equipment and a seating capacity of at least fifty (50) people and having employed
therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its
guests or members. At least one ( 1) meal per day shall be served at least five (5) days a week,
with the exception of holidays, vacations and periods of redecorating . Further, on the day that
alcoholic beverages are served to customers of the outlet, the outlet must also prepare and serve
at least one ( 1) complete meal for consumption on the premises .
Retailer means any person who holds a permit under any alcoholic beverage control law
of the State of Arkansas to sell at retail controlled beverages to consumers only .
Spirituous means liquor distilled from the fermented juices of grains, fruits, or vegetables
containing more than twenty-one percent (21 %) alcohol by weight, or any other liquids containing
more than twenty-one percent (21 %) alcohol by weight.
State means the State of Arkansas.
Vinous means the fermented juices of fruits containing more than five percent (5 % ) and
not more than twenty-one percent (21 %) alcohol by weight.
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Wholesaler and Distributor means any person who holds a permit under any alcoholic
beverage control law of the State of Arkansas to purchase controlled beverages from a
manufacturer or importer and to sell such controlled beverages to retailers only .
111 .03 PERMITS REQUIRED:
(A) It shall be unlawful for any person to engage in the business of manufacturing,
transporting, storing, handling, receiving, distributing, selling, or dispensing, either at wholesale
or retail, any controlled beverage, except wine, within the City without a permit issued by the
City , or with an expired permit.
(A .C. A . §§34-202 & 3-5-211)
(B) The provisions of this chapter shall not apply to the manufacture, sale, and distribution
of wines or vinous liquors manufactured, sold, and distributed by residents of Arkansas .
( A . C . A . § 3- 1 - 103)
111 .04 APPLICATION FOR PERMITS :
(A) Application for a permit required by this chapter shall be in writing on a form
prescribed by the City and shall be accompanied by the required fee and a copy of the applicant' s
state permit. No city permit will be issued until applicant has received a state permit.
(B) It shall be unlawful for any person to make any false statement or representation in any
application required by this chapter or to give any false answer to any question contained therein.
(C) Permits required by this chapter shall be issued in such a manner that they will run
for such length of time as the state permit. Annual permit renewal fees shall be due and payable
on June 30 of each year for the succeeding year beginning July 1 .
(D) The City will not issue or renew any permits pursuant to this chapter until all
outstanding hotel, motel, and restaurant taxes and/or supplemental beverage taxes, if applicable,
are paid.
(E) No new permit shall be granted to any person to engage in the sale of liquor at retail,
for consumption off the premises, for any business situated within 200 yards of any church or
school . The distance shall be measured from the nearest point of the church or school building
to the nearest point of the building to be permitted.
(A . C .A . §3-4-206)
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(F) No other permits shall be granted to any person to engage in the business of
manufacturing, transporting, storing, handling, receiving, distributing, selling, or dispensing,
either at wholesale or retail, any controlled beverage, except wine, for any business situated within
300 feet of any church or school building. The distance shall be measured from the nearest point
of the church or school building to the nearest point of the building to be permitted.
(G) All permits issued by the City pursuant to this chapter shall be prominently displayed
on the permitted premises by the permittee in the same manner as required by the State for state
permits.
(H) When any state permit is revoked by the state or required to be returned to the state
for any reason, the city permit shall be returned to the City. The City will restore the permit upon
proof that the state permit has been restored to the applicant, provided that no reclaimed permit
will be restored to an applicant until all outstanding hotel, motel, and restaurant taxes and/or
supplemental beverages taxes, if applicable, are paid.
(1) All fees, taxes , and penalties received by the City pursuant to this ordinance shall be
deposited to the credit of general fund revenues .
(J) Permits shall not be transferable or assignable except as provided by
A . C . A . § 3-4-103 . ( A. C. A . §3-4-217)
111 .05 RIGHT OF CITY TO INSPECT RECORDS:
The City shall have the right to inspect and examine the records of any permittee subject
to any tax or permit fee based on gross sales or receipts.
111 .06 PROHIBITED ACTIVITIES/WARNING NOTICE:
(A) Any person to which a controlled beverage permit has been issued shall comply with
all laws and regulations of the State of Arkansas, the Alcoholic Beverage Control Division of the
State of Arkansas, and the City of Fayetteville regarding the control and regulation of controlled
beverages, including but not limited to the following:
( 1) Purchase by or for minors , sale to minors, or handling by minors prohibited;
(A . C .A . § § 3-3-201 et seq.)
(a) It shall be unlawful for any person under the age of twenty-one (21) years to
have in his or her possession, to purchase or attempt to purchase, or otherwise obtain any
controlled beverages .
(b) It shall be unlawful for any person to, knowingly or unknowingly, purchase on
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behalf of, furnish to, give away to, or otherwise dispose of to any person under the age of twenty-
one (21) years any controlled beverages; however, this provision shall not apply to the serving of
such to members of one' s family or to the use of wine in any religious ceremony or rite in any
established church or religion.
(c) It shall be unlawful for any person engaged in the business of manufacturing,
distributing or selling, at wholesale or retail, any controlled beverages to sell, offer for sale, or
give away, under any conditions, any such controlled beverages 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.
(d) It shall be unlawful for any wholesaler, retailer, or transporter of controlled
beverages to allow any employee or other person under the age of twenty-one (21) years of age
to have anything whatsoever to do with the sale, transporting or handling of controlled beverages .
However, with the written consent of a parent or guardian, persons eighteen (18) years of age and
older may be employed by licensed liquor and beer wholesalers and by licensed native wineries
to handle controlled beverages at the place of business of the licensed wholesaler or wineries .
(2) A warning notice regarding the sale to, possession or purchase by, or furnishing to
minors of controlled beverages shall be posted in a conspicuous place in public view in each place
of business where controlled beverages are sold, served or dispensed, including all drive up
windows. The warning notices shall be of the size, have the content, and be posted in the manner
as prescribed by the Arkansas Alcoholic Beverage Control Division.
(B) No person who has received a license under any ordinance of the City of Fayetteville
for the sale or dispensing of alcoholic beverages for on-premises consumption including private
club licenses shall suffer or permit any person to appear on the licenses premises in such manner
or attire as to expose to view any portion of the pubic area, anus vulva, or genitals or any
simulation thereof, not suffer or permit any female to appear on the premises in such manner or
attire as to expose to view any portion of her breast below the top of the areola or any simulation
thereof.
(C) That no person shall bring into or consume or allow to be brought into or allow to be
consumed intoxicants or alcoholic beverages of any kind, in any commercial establishment, or
business, which suffers or permits any person to appear on the premises in such manner or attire
as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation
thereof, or suffers or permits any female to appear on the premises in such manner or attire as to
expose to view any portion of her breast below the top of the areola or any simulation thereof
(D) If any person engaged in the sale of controlled beverages in the city shall conduct his
place of business in a manner as to constitute a nuisance, the city council shall revoke the license
of such person to sell controlled beverages in the city . .
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PENALTIES/SUSPENSION/REVOCATION
111 . 10 FURNISHING TO OR CONSUMPTION BY MINORS :
(A) Any Person convicted of knowingly or unknowingly selling , serving, giving,
procuring or otherwise furnishing any controlled beverage to any person under twenty-one (21)
years of age shall be deemed guilty of a misdemeanor and shall be fined not less than two hundred
dollars ($200.00) nor more than five hundred dollars ($500.00) .
(A .C .A . §§3-3-2019 3-3-202)
(B) Any person under the age of twenty-one (21) years who has in his or her possession,
purchases or attempts to purchase, or otherwise obtain any controlled beverage shall, upon
conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than ten
dollars ($ 10.00) nor more than five hundred dollars ($500.00) .
(A .C.A . §3-3-203)
111 . 11 OPERATING WITHOUT A CITY PERMIT:
(A) Beer and Light Wine. Any person who sells, serves, barters, exchanges, or gives away
beer or light wine without having a valid city permit as provided by this chapter shall, upon
conviction, be deemed guilty of a misdemeanor and shall be fined not more than five hundred
dollars ($500. 00) . Each day of such operation without a valid city permit shall constitute a
separate and distinct offense.
(A . C .A . §3-5-203)
(B) On Premises Consumption Including Private Clubs . Any person who sells, serves,
barters, exchanges, or gives away controlled beverages, except wine, for on premises consumption
without having a valid city permit as provided by this chapter shall, upon conviction, be deemed
guilty of a misdemeanor and shall be fined not more than one thousand dollars ($ 1 ,000.00) . Each
day of such operation without a valid city permit shall constitute a separate and distinct offense.
(A . C .A . §§3-9-204, 3-9-2149 3-9-223)
(C) General . Any person, except as provided in 111 . 11 (A) and (B) above, who sells ,
serves, barters , exchanges, or gives away controlled beverages, except wine, without having a
valid city permit as provided in this chapter shall, upon conviction, be deemed guilty of a
misdemeanor and shall be fined not less than five hundred dollars ($500.00) nor more than one
thousand dollars ($1 ,000.00) . Each day of such operation without a valid city permit shall
constitute a separate and distinct offense .
(A. C .A. §3-3-205)
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111 . 12 GENERAL PENALTY:
Except as set forth above, any person violating any provision of this ordinance shall be
subject to the general penalties as set out in § 10.99 of the Code of Fayetteville.
111 . 13 SUSPENSION/REVOCATION
(A) The City Council may suspend for a period not to exceed 6 months or revoke the
license of any licensee violating this Chapter after due notice to the licensee and an opportunity
for the licensee to be heard.
(B) When any license is revoked, no new license shall be issued to the same person within
one year of such revocation.
TYPES OF PERMITS - FEES
SPECIFIC PROVISIONS - HOURS OF OPERATION
111 .20 WHOLESALE:
(A) WHOLESALE LIQUOR PERMIT - Authorizes the purchase from licensed
manufacturers or importers of spirituous and vinous beverages or malt liquor containing more than
five percent (5 %) alcohol by weight, and the sale of such beverages to persons holding a valid
liquor off premises permit or a hotel, motel or restaurant on premises consumption permit.
(1) Permit Fee: There is hereby levied an annual permit fee of five hundred dollars
($500. 00) for each and every establishment engaged in storing, transporting and/or selling at
wholesale any spirituous or vinous (except wine) liquors within the City .
(2) Hours of Operation: 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 hours of 6 :00 a.m.
and after the hour of 11 :00 p.m. on weekdays, 12 :00 midnight on Friday and Saturday, at any
hour on Sunday, on Christmas Day, or during any 24-hour interval designated an emergency
period by the Mayor, City Council, or any person acting in the Mayor' s or City Council ' s
capacity .
(A .C . A . §§ 3-4-605 & 3-7- 111)
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(B) WHOLESALE BEER AND LIGHT WINE PERMIT - Authorizes the purchase of
beer, light wine or malt liquor from a licensed manufacturer or importer and the sale of such
beverages to retailers holding a valid permit to sell beer, light wine or malt liquor for consumption
on or off the premises .
( 1) Permit Fee: There is hereby levied an annual permit fee of one hundred
twenty- five dollars ($125.00) for each and every wholesale dealer, broker or distributor of beer
and light wine. (Per A. C .A. § 3-5-101 - Beer wholesalers may also sell malt liquors to retailers . )
(2) Hours of Operation: The authorized hours of operation shall be the same as
for wholesale liquor dealers in 111 .20(A) .
(3) All wholesale dealers and distributors selling beer and light wine to retail
dealers within the City shall provide to the City ' s accounting division on or before June 30 of each
year a report of said distributor's total sales of beer and light wine for the previous calendar year
to each retailer within the City . No wholesale beer and light wine permit will be renewed until
such report has been received by the City .
(A . C .A . §3-5-205)
111 . 30 RETAIL:
(A) RETAIL LIQUOR OFF PREMISES PERMIT - Authorizes the purchase of spirituous
and vinous beverages from any person holding a valid wholesale liquor permit and the sale of such
beverages at retail to consumers for consumption off the premises ; any holder of a liquor off
premises permit may also purchase malt liquors containing more than five percent (5 %) alcohol
by weight from either persons holding a wholesale beer permit or a wholesale liquor permit, and
sell such beverages to consumers for consumption off the premises described in the permit.
It shall be unlawful for any person to accept retail orders for any spirituous , vinous, or
malt liquors for delivery outside of the premises of the store operated by such person.
(1) Permit Fee: There is hereby levied an annual permit fee of two hundred fifty
dollars ($250.00) for each and every retail liquor dealer engaged in the business of selling or
dispensing, at retail any vinous (except wine) , spirituous, or malt liquors for off premises
consumption.
(2) Hours of Operation: It shall be unlawful for any person to sell, offer for sale,
or give away, at retail , any controlled beverages for off premises consumption before the hour of
10:00 a.m. and after the hour of 11 :00 p .m. on weekdays, after the hour of 12:00 midnight on
Friday and Saturday, at any hour on Sunday, on Christmas Day , or during any 24-hour interval
designated an emergency period by the Mayor, City Council, or any person acting in the Mayor' s
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or the City Council ' s capacity .
(A . C.A . §§3-4-604 & 3-7-111 , fees; A.C.A . §3-3-210, prohibits Sunday sales and sales between
1 :00 a.m. and 7:00 a.m. weekdays; A . C. A . §3-3-211 , prohibits sales on Christmas Day)
(B) RETAIL BEER AND LIGHT WINE OFF PREMISES PERMIT - Authorizes the
purchase of beer, light wine, or malt liquor containing less than five percent (5 %) alcohol by
weight from wholesalers holding a valid permit and the sale of such controlled beverages for
consumption off the premises described in the permit.
( 1) Permit Fee: For the privilege of selling beer and light wine, at retail , for off
premises consumption, there is hereby levied an annual permit fee as follows :
(a) For a retailer whose annual gross sales of beer and/or light wine do not
exceed $ 1 ,000.00, the permit fee shall be fifteen dollars ($15 .00) .
(b) For a retailer whose annual gross sales of beer and/or light wine exceed
$1 ,000.00, the permit fee shall be fifteen dollars ($ 15 .00) plus one-half ( 1/2) cent for each dollar
of gross sales in excess of $ 1 ,000.00.
(c) The Permit fee for a new applicant with no sales history shall be forty
dollars ($40.00) .
(d) For the purpose of renewing an existing permit, annual sales shall be
the actual gross sales for the previous calendar year. If the permittee has not been in operation
for a full year at December 31 of the previous year, annual sales shall be determined by dividing
the total actual sales by the number of months of operation and multiplying the result by twelve.
(e) If a new permit was issued between January 1 and June 30, the first
renewal rate (due on June 30 of the issue year) shall be forty dollars ($40.00).
(2) Hours of Operation: It shall be unlawful for any person to serve, sell , offer
for sale, or give away beer or light wine at retail for off premises consumption before the hour f
10:00 a.m. and after the hour of 11 :00 p.m. on weekdays, after the hour of 12 :00 midnight on
Friday and Saturday , at any hour on Sunday , on Christmas Day, or during any 24-hour interval
designated an emergency period by the Mayor, City Council, or any person acting in the Mayor' s
or the City Council' s capacity .
(A .C .A . §3-5-212)
(C) RETAIL BEER AND LIGHT WINE ON PREMISES PERMIT - Authorizes the
purchase of beer, light wine, or malt liquor containing less than five percent (5 %) alcohol by
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weight from a wholesaler holding a valid permit and the sale of such controlled beverages for
consumption on or off the premises described in the permit.
( 1) Permit Fee: There is hereby levied an annual permit fee of the same amounts
and computed in the same manner as the annual fees for retail beer and light wine - off premises
in 111 . 30(B) above.
(2) Hours of Operation: It shall be unlawful for any person (except private clubs
and holders of on-premises consumption - hotel, motel or restaurant permits) to serve, sell, offer
for sale, or give away for consumption on premises any beer or light wine between the hours of
1 :00 a.m. and 7:00 a.m. on Monday through Saturday, on Sunday , on Christmas Day , or during
any 24-hour interval designated an emergency period by the Mayor, City Council, or any person
acting in the Mayor's or the City Council 's capacity .
(A .C . A . §3-5-212)
(D) PRIVATE CLUB PERMIT - Authorizes the purchase of any controlled beverages
from persons holding an off premises retail liquor or beer permit who have been designated by the
director of the State Alcoholic Beverage Control Board as a private club distributor, and authorizes
the dispensing of such beverages for consumption on the premises of the private club to members
and guests only of the private club. (private clubs holding a retail beer on premises permit may
purchase beer, light wine, or malt liquor containing not more than five percent (5 % ) alcohol by
weight from holders of valid wholesale beer permits) .
( 1) Permit Fee: For the privilege of operating a private club within the City, there
is hereby levied an annual permit fee of two hundred fifty dollars ($250.00) . For any new private
club permit issued between January 1 and July 1 , the fee shall be one hundred and twenty-five
dollars ($ 125 .00). (A .C .A . §§ 3-9-222 & 3-9-223)
(2) Supplemental Beverage Tax: In addition to the $250.00 per year permit fee,
there is hereby imposed and levied a city supplemental tax of 5 % upon the annual gross receipts
which are derived by such private club from charges to the members and/or their guests for the
following services :
For the preparation and serving of mixed drinks, and
For the cooling and serving of beer, light wine, and wine .
The city supplemental beverage tax is in addition to the state supplemental tax on private
clubs and shall be paid to the appropriate city official, shall be due monthly at the same time that
the state supplemental tax is due, and shall be accompanied by one copy of the state supplemental
tax return. If any permittee shall fail to remit the supplemental tax within the time period that the
state tax is due, a penalty of 12 1/2 % of the tax due shall be due and payable in addition to the tax.
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(3) Hours of
Operation: It
shall be unlawful for the owner,
operator, or any
employee of a private club to
serve or permit
the consumption of any controlled
beverages on the
premises of said private club
between the hours
of 2:00 a.m. and 10:00 a.m. on any day.
(A.C.A. §3-9-233)
(E) ON PREMISES CONSUMPTION - HOTEL, MOTEL, OR RESTAURANT PERMIT
-Authorizes the purchase of any controlled beverages from persons holding a valid wholesale
permit and the sale of such beverages for consumption on the premises of the restaurant described
in the permit or in -room hospitality units of the hotel or motel described in the permit. (Persons
holding an on premises consumption - hotel, motel, or restaurant permit are not required to have
a retail beer permit).
(A.C.A. §3-9-211)
(1) Permit Fee: For the privilege of selling controlled beverages for on -premises
consumption by hotels, motels, or restaurants, in accordance with A.C.A. §3-9-201, et seq, there
is hereby levied annual permit fees in the following applicable amounts:
(a) Hotel or motel having fewer than one hundred (100) rooms, two
hundred and fifty dollars ($250.00)
(b) Hotel or motel having one hundred (100) or more rooms, five hundred
dollars ($500.00)
(c) Restaurants having a seating capacity of less than one hundred (100)
persons, two hundred and fifty dollars ($250.00)
(d) Restaurants having a seating capacity of one hundred (100) or more
persons, five hundred dollars ($500.00)
(e) Any new permit issued for on premise consumption - hotel, motel, or
restaurant operations between January 1 and June 30 shall be at one-half the rates shown above.
(A.C.A. §3-9-212 & 3-9-214)
(2) Supplemental Beverage Tax: In addition to the annual permit fees for the sale
of controlled beverages for on premises consumption by hotels, motels, or restaurants, there is
hereby levied a city supplemental beverage tax of five percent (5%) upon the annual gross
proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subsection. Wine,
beer, light wine, and malt liquors containing less than five percent (5 %) alcohol by weight, shall
not be subject to the supplemental beverage tax.
The city supplemental beverage tax is in addition to the state supplemental tax and shall
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be paid to the appropriate city official, shall be due monthly at the same time that the state
supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental
tax return. If any permittee shall fail to remit the supplemental tax within the time period that the
state tax is due, a penalty of 12 1/2% of the tax due shall be due and payable in addition to the tax.
(A.C.A. §§3-9-213 & 3-9-214)
(3) Hours of Operation: It shall be unlawful for any person holding an on -premises
consumption hotel, motel or restaurant permit to sell, offer for sale, serve, give away, or permit
consumption of any controlled beverages between the hours of 2:00 a.m. and 10:00 a.m. on
Monday through Saturday, on any Sunday, on Christmas Day, or during any 24 -hour interval
designated an emergency period by the Mayor, City Council, or any person acting in the Mayor's
or the City Council's capacity.
(F) LARGE ATTENDANCE FACILITY PERMIT - Authorizes the sale of all types of
controlled beverages by a facility which houses a convention center activity, or tourism activity
where such establishment has a seating capacity of not less than 500 people and which serves
controlled beverages only on the premises on days that meals and food are served at one or more
places on the premises.
(1) Permit Fee: There is hereby levied an annual permit fee of five hundred dollars
($500.00) for each and every large attendance facility within the City. For any new permit issued
between January 1 and June 30, the permit fee shall be one-half of the above amount.
(2) Supplemental Beverage Tax: Large attendance facilities shall be subject to the
same supplemental beverage taxes, due dates, and penalties as on premises consumption - hotel,
motel, or restaurant permittees in 111.30 (E).
(A.C.A. §§3-9-202 (8)(B)(I); 3-9-212; 3-9-213; 3-9-214)
(3) Hours of Operation: The hours of operation for large attendance facility
permittees shall be the same as those allowed for on premises consumption - hotel, motel, or
restaurant permittees in 111.30(E).
(G) SATELLITE CATERING PERMIT - Authorizes any restaurant, hotel, or motel which
has an on premises consumption - hotel, motel, or restaurant permit to serve controlled beverages
purchased under its permit at any place that is permitted as a large attendance facility,
or from the stock of the large attendance facility, in accordance with regulations of the Alcoholic
Beverage Control Division.
(1) Permit Fee: There is hereby levied an annual permit fee in the amount of two
hundred and fifty dollars ($ 250.00) for a satellite catering permit.
-14-
(2) Supplemental Beverage Tax: Satellite catering activities will be subject to the
same supplemental beverage taxes, due dates, and penalties as on premise consumption - hotel,
motel, or restaurant permittees in 111.30 (E).
(3) Hours of Operation: The hours of operation for any satellite catering permittee
shall be the same as those allowed for on premises consumption - hotel, motel, or restaurant
permittees in 111.30(E).
(A.C.A. §3-9-202(8)(B)(ii)(c))
111.40 MANUFACTURING:
(A) LIQUOR MANUFACTURING PERMIT - Authorizes the manufacture or distilling
of spirituous or vinous (except wine) liquors, and the sale to persons holding valid permits to
wholesale or import such liquors.
(1) Permit Fee:
(a) For the manufacturing and sale of spirituous liquors, the annual permit
fee shall be five hundred dollars ($500.00) for each and every manufacturing plant.
(b) For the manufacturing and sale of vinous (except wine) liquors, the
annual permit fee shall be two hundred and fifty dollars ($250.00) for each and every
manufacturing plant.
(A.C.A. §3-4-602)
(B) BEER MANUFACTURING PERMIT - Authorizes the manufacture of beer containing
not in excess of five percent (5%) alcohol by weight, and the sale of such beer to persons holding
a valid permit to wholesale or import such beer.
(1) Permit Fee: For the manufacture and sale of beer, the annual permit fee shall
be two hundred and fifty dollars ($250.00) for each and every manufacturing plant.
(A.C.A. §3-5-205)
(C) RECTIFYING PERMIT - Authorizes the rectifying, purifying, mixing, blending, or
flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of
rectified distilled spirits. Rectifiers may sell, deliver, or transport only to wholesalers holding a
valid permit to wholesale, to other rectifiers, or for the purpose of export out of state.
-15-
(1) Permit Fee: For the privilege of rectifying, blending, or flavoring spirituous
liquors, there is hereby assessed an annual permit fee of seven hundred and fifty dollars ($750.00)
for each and every rectifying, blending, or flavoring plant.
(A.C.A. §3-4-603)
SEVERABILITY
Should any paragraph, section, clause, phrase, or part of this ordinance, for any reason,
be held invalid, such decisions shall not affect the validity of the remaining provisions of this
ordinance and the application of those provisions to any person or circumstances shall not be
affected thereby.
EMERGENCY CLAUSE
The City Council hereby determines that the aforesaid provisions are necessary for the
regulation of alcoholic beverages to provide for on -premises consumption and to update and clarify
existing regulations. Unless put into effect immediately, the public health, safety, and welfare of
the people of Fayetteville will be adversely affected. 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.
. PfAfSt AND APPROVED this J i M day of c, n , 1997.
APPROVED:
/
° Pt t
ATTE
By:
Traci Paul, City Clerk
By:
Fred Hanna, Mayor
-16-
(B)fiThese general provisions
shall apply all pecIli ro in
shaition to any specific provi-I
ORDINANCE NUMBER 4042 sions under individual headings
for each type of permit. �, r -.D !� �,;
AN ORDINANCE REPEALINGr � �; L 9 l'
i CHAPTER 111.OF THE CODER 111.02 DEFINfONS: STATE OF ARKANSAS
'OF FAYETTEVILLE ANDkj
ADOPTING GENERAL AND For the purposes of this chap- - - j (. -
SPECIFIC PROVISIONS, RE- ter, the following definitions SS. i.'..�.- : '
QUIREMENTS FOR PERMITS, shall apply unless the context County of Washington
FEES, AND HOURS OF OP- clearly indicates or requires a
ERATION FOR THE REGULA different meaning. Words and I ICROFILME
TION OF ALCOHOLIC BEV-. I phrases not specifically defined
ERAGES in this Chapter shall have the I, RANDALL COPE, hereby certify that I am the publisher of THE
meanings assigned by Title �
• WHEREAS, an election was Three of the Arkansas Code NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
held on March 26, 1996, purl. Annotated and/or the Arkansas class mailing privilege, and being not less than four pages of five
suant to Resolution Number 16-, Alcoholic Beverage Control Di -
96. at which election a majority, vision Regulations. columns each, published at a fixed place of business and at fixed (daily)
of the voters of the City of
Fayetteville voting in the elec-' Alcoholic Beverages means alli intervals continuously in the City of Fayetteville. County of Washington,
tion approved the sale of alto-' intoxicating liquors of any sort,
holic beverages for on -preen other than beer and wine. Arkansas for more than a period of twelve months, circulated and
ises consumption in the city in distributed from an established place of business to subscribers and
accordance with A.C.A. 3-9.101 Beer means any fermented liq-
et seq; and. I uor made from malt or any sub- readers generally of all classes in the City and County for a definite price
stitute therefor and having an for each copy, or a fixed price per annum, which price was fixed at what
WHEREAS, A.C.A. §3-4-202 alcohol content not in excess of
provides that all municipal car- five percent (5%) or less than is considered the value of the publication, based upon the news value
•poratins may license and taxi I one-half of one percent (0.5%) and service value it contains, that at least fifty percent of the subscribers
the manufacture and sale of vi- by weight;
noun (except wines), spirituous,, I thereto have paid for their subscriptions to the newspaper or its agents
or malt liquors by the permit- QU means the City of Fayette -
tees so authorized by the Alco-1 I Dille, Arkansas. or through recognized news dealers over a period of at least six months
holic Beverage Control Board and that the said newspaper publishes an average of more than forty
for the State of Arkansas; and Controlled Beverages means,
all beverages of any kind sub- I percent news matter.
WHEREAS, A.C.A. §3-5-211 feet to regulation under any al -
provides that it shall be unlaw- coholic beverage control law of
ful for any person to sell, dis- the State of Arkansas and this
tribute, or manufacture beer chapter.
and light wines without first I further certify t the legal notice attached in the matter of !
having made application to and Hotel means every building on
obtained a permit from the city other structure commonly refer -I
where the business is to be I red to as a hotel, motel, motor LI
conducted; and, lodge, or by similarname,
I which is kept, used, main -
WHEREAS, the City Council tamed, advertised, and held outj was published in the regular daily issue of said newspaper for
wishes to amend Chapter 111, -Ito the public to be a place
Alcoholic Beverages, of the where food is actually served consecutive insertions as f0 WS:
Code of Fayetteville to provide' and consumed and sleeping (X
for on -premises consumption r accommodations are offered for Op
as well as to update antl clarity i adequate pay to travelers orl The first insertion on the day of 19
existing regulations. I guests, whether transient, per -I
manent, or residential, in which
NOW THEREFORE. BE IT OR-i fifty (50) or more rooms are the second insertion on the day of 19
IDAINED BY THE CITY COUN- used for the sleeping accom-I
iCIL OF THE CITY OF FAYET. modations of such guests and
TEVILLE, ARKANSAS: I having one (1) or more public
dining rooms with adequate]the third insertion on the day of 19
Section I. That Chapter 111 of i and sanitary kitchen facilities,
the Code of Fayetteville is here-i and a seating capacity for at
by repealed and the following] I least fifty (50) persons, where i and the fourth insertion on the day of 19
shall be inserted in its stead. meals are regularly served to
I., I 1 such guests, such sleeping ac -
CHAPTER 111: ALCOHOLIC 1 commodations and dining room
BEVERAGES I being conducted in the same
building or in separate buildings
GENERAL PROVISIONS I or structures used in tappet -I Publisher / Gene Manager
tion therewith that are on the
111.01 APPLICABILITY, same premises and are a part)
I I of the hotel operation.
(A) It is hereby declared that i �� day of
the business of manufacturing, Large Attendance Facilitv1 Sworn to and subscribed before me on this
transporting, storing, handling, means a facility housing con -t
receiving, rvn. distributing,dispensing,
either hselling, ism vention center trade
ety, or "burl —\ _ 19
serving, or tlisetail. control-'
at ism activity, or tratle show and
wholesale or recall, any control-' product display and related
led beverage, except wine, I I meeting activity, or any similar
within the City of Fayetteville, is I large meeting or attendance ac -
a privilege, and for the exercise I tivity, and, either itself or [
of such privilege there are here- through one or more independ-I [!!!! !!
Dy imposed the regulations, re- I 1 ant contractors, complies with
quirements, restrictions, fees, 1 allot the following: 1 a
I Arkans
and taxes as set forth in this I Public, 1 State oas otary Public
chapter. I (a) Actually serves full and 1 Notary
complete meals and food 001 My Commission Expires: County
the premises; I 1 My commisst0n Expttes
(b) Has one (1) or more places (cCCcccccccRRcccK«cCCccccc((Ctl!
for food service on premises
with a seating capacity for not Fees for Printing ...............................................$
less than live hundred (500)
people;
(c). Cost of Proof .....................................................$
and kind of a sufficient number
kind of employees to serve
meals and food on the prem-
ises capable of handling at!Total..................................................................$ I
least five hundred (500) people;
and
(d) Servescontrolled beverag..
es on premises at one (1) or
more places only on days that
meals and food are served at
one (1) or more places on
premises.
Light Wine means the ferment-
ed juices of grapes, berries, or
fruits and any other mixture
containing the fermented juice
of grapes, berries, or fruits,
having an alcoholic content be-
tween one-half of one percent
(0.5%) and five percent (5%) aF
cehol by weight.
Malt Beverage Produce
means any liquor brewed from
the fermented juices of grain
having an alcoholic content of
not less than five percent (5%)
nor more than twenty-one per-
cent (21%) by weight.
Malt Liquor means liquor
brewed from the fermented jui-
ces of grain.
means any establishment in
which beer, containing not in
excess of five percent (5%) of
alcohol by weight, and/or malt
beverage products, containing
not in excess of twenty-one
(21%) of alcohol by weight, are
both brewed and sold at retail
in a restaurant setting under the
same ownership and in the
same building or attached
buildings.
On -Premises Consumption
means the sale of alcoholic
beverages by the drink or in
broken or unsealed containers
for consumption on the prem-
ises where sold.
Permit means any authoriza-
tion issued by the Alcoholic
Beverage Control Division of
the State of Arkansas and/or by
the City pursuant to any Arkan-
sas Alcoholic Beverage Control
Division Regulation and/or this
Chapter Ill of the Code of
Fayetteville whether described
as a permit, license or other-
wise.
Pertnittee means the person to
whom a permit has been is -
Sued.
Person means any natural per-
son, partnership, association,
corporation, syndicate, or com-
pany.
Private Club means a nonprofit
corporation organized and ex-
isting under the laws of this
state, no part of the net reve-
nues of which shall Inure direct-
ly or indirectly to the benefit of
any of its members or any other
individual, except for the pay-
ment of bona fide expenses of
the club's operations, conduct-
ed for some common recrea-
tional, social, patriotic, political,
national. benevolent, athletic or
other nonprofit object or pur-
pose other than the consump-
tion of alcoholic beverages.
The nonprofit corporation shall
have been in existence for a
period of not less than one (1)
year before application for a
permit. At the time of applica-
tion for the permit, the nonprofit
corporation must have not less
than one hundred (100) mem-
bers regularly paying annual
dues of not less than five dol-
lars ($5.00) per member, and,
at the time of application, must
own or lease, or be the holder
of a buy -sell agreement or offer
and acceptance, or have an op -
non to lease a belong, proper-
ty , or space therein for the rea-
sonable comfort and accommo-
dation of its members and their
families and guests, and restrict
the use of club facilities to such
persons.
Restaurant means any public
place or private place kept,
used, maintained, advertised
and held out to the public or to
a private or restricted member-
ship as a place where complete
meals are actually and regularly
served, such place being pro-
vided with adequate and sanita-
ry kitcheh and dining equipment
and a seating capacity of at
least fifty (50) people and hav-
ing employed therein a suffi-
cient number and kind of em-
ployees to prepare, cook and
serve suitable food for its
guests or members. At least
one (1) meal per day shall be
served at least five (5) days a
week, with the exception of hol-
idays, vacations and periods of
redecorating. Further, on the
day that alcoholic beverages
are served to customers of the
outlet, the outlet must also pre-
pare and serve at least one (1)
complete meal for consumption
on the premises.
Retailer means any person
who holds a permit under any
alcoholic beverage control law
of the State of Arkansas to sell
at retail controlled beverages to
consumers only.
,Spirituous means liquor distilled
from the fermented juices of
grains, fruits. or vegetables
containing more than twenty-
one percent (21%) alcohol by
weight. or any other liquids con-
taining more than twenty-one
percent (21%) alcohol by
weight.
State means the State of Ar-
kansas.
Vinous means the fermented
juices of fruits containing more
than five percent (5%) and not
more than twenty-one percent
(21%) alcohol by weight.
Wholesaler and Distributor
means any person who holds a
permit under any alcoholic bev-
erage control law of the State of
Arkansas to purchase control-
led beverages from a manufac-
turer or importer and to sell
such controlled beverages to
retailers only.
111.03 PERMITS REQUIRED
(A) It shall be unlawful for any
person to engage in the busi-
ness of manufacturing, trans-
porting, storing, handling, re-
ceiving, distributing, selling, or
dispensing, either at wholesale
or retail, any controlled bever-
age, except wine, within the
City without a permit issued by
the City, or with an expired per-
mit. (A.C.A. §§3-4-202 8 3-5-
211)
(B) The provisions of this chap-
ter shall not apply to the manu.
facture, sale, and distribution of
wines or vinous liquors manu.
factured, sold, and distributec
by residents of Arkansas
(A.C.A. § 3-1-103)
111.04 APPLICATION FOF
PERMITS:
(A) Application for a permit re-
quired by this chapter shall be
in writing on a form prescribed
by the City and shall be accom-
panied by the required fee and
a copy of the applicant's state
permit. No city permit will be is-
sued until applicant has re-
ceived a state permit.
(B) It shall be unlawful for any
person to make any false state,
ment or representation in any
application required by this
chapter or to give any false an
swer to any question contained
therein.
(C) Permits required by this
chapter shall be issued in such
a manner that they will run for
such length of time as the state
permit. Annual permit renewal
fees shall be due and payable
on June 30 of each year for the
succeeding year beginning July
1.
(D) The City will not issue or re-
new any permits pursuant to
this chapter until all outstanding
hotel, motel, and restaurant tax-
es and/or supplemental bever-
age taxes, it applicable, are
paid
(E) No new permit shall be
granted to any person to en-
gage in the sale of liquor at re-
tail, for consumption off the
premises, for any business situ-
ated within 200 yards of any
church or school. The distance
shall be measured from the
nearest point of the church or
school building to the nearest
point of the building to be per-
mitted. (A.C.A. §3-4-206)
(F) No other permits shall be
granted to any person to en-
gage in the business of manu-
facturing, transporting, storing,
handling, receiving, distributing,
selling, or dispensing either at
wholesale or retail, any control-
led beverage, except wine, for
any business situated within
300 feet of any church or
school building. The distance
shall be measured from the
nearest point of the church or
school building to the nearest
point of the building to be per-
mitted.
(G) All permits issued by the
City pursuant to this chapter
shall be prominently displayed
on the permitted premises by
the permittee in the same man-
ner as required by the State for
state permits.
(H) When any state permit is
revoked by the state or required
to be returned to the state for
any reason, the city permit shall
be returned to the City. The
City will restore the permit upon
proof that the state permit has
been restored to the applicant,
provided that no reclaimed per-
mit will be restored to an appli-
cant until all outstanding hotel,
motel, and restaurant taxes
and/or supplemental beverages
taxes, if applicable, are paid.
(I) All fees, taxes, and penalties
received by the City pursuant to
this ordinance shall be deposit-
ed to the credit of general funds
revenues.
(J) Permits shall not be trans-
ferable or assignable except as
provided by A.C.A. § 3-4-103.
(A.C.A. §3-4-217)
111.05 RIGHT OF CITY TO IN-
SPECT RECORDS:
The City Shall have the right to
inspect and examine the re-
cords of any permittee subject
to any tax or permit fee based
on gross sales or receipts.
111.06 PROHIBITED ACTIVI-
TIESNJARNING NOTICE:
(A) Any person to which a con-
trolled beverage permit has
been issued shall comply with
all laws and regulations of the
State of Arkansas, the Alcoholic
Beverage Control Division of
the State of Arkansas, and the
City of Fayetteville regarding
the control and regulation of
controlled beverages, including
but not limited to the following:
(1) Purchase by or for minors,
sale to minors, or handling by
minors prohibited; (A.C.A. §§ 3-
3-201 et seq.)
(a) It shall be unlawful for any
person under the age of twenty-
one (21) years to have in his or
her possession, to purchase or
attempt to purchase, or other-
wise obtain any controlled bev-
erages.
(b) It shall be unlawful for any
person to, knowingly or un-
knowingly, purchase on behalf
of, furnish to, give away to, or
otherwise dispose of to any
person under the age of twenty-
one (21) years any controlled
beverages; however, this provi-
sion shall not apply to the serv-
ing of such to members of
one's family or to the use of
wine in any religious ceremony
or rite in any established church
or religion.
(c) It shall be unlawful for any
person engaged in the busi-
ness of manufacturing, distrib-
uting or selling, at wholesale or
retail, any controlled beverages
to sell, offer for sale, or give
away, under any conditions,
any such controlled beverages
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.
(d) It shall be unlawful for any
wholesaler, retailer, or trans-
porter of controlled beverages
to allow any employee or other
person under the age of twenty-
one (21) years of age to have
anything whatsoever to do with
the sale, transporting or han-
dling of controlled beverages.
However, with the written con-
sent of a parent or guardian,
persons eighteen (18) years of
age and older may be em-
ployed by licensed liquor and
beer wholesalers and by li-
censed native wineries to han-
dle controlled beverages at the
place of business of the li-
censed wholesaler or wineries.
(2) A warning notice regarding
the sale to, possession or pur-
chase by, or furnishing to mi-
nors of controlled beverages
shall be posted in a conspicu-
ous place in public view in each
place of business where con-
trolled beverages are sold,
served or dispensed, including
all drive up windows. The
warning notices shall be of the
size, have the content, and be
posted in the manner as pre-
scribed by the Arkansas Alco-
holic Beverage Control Divi-
sion.
(B) No person who has re-
ceived a license under 4ny ordi-
nance of the City of Fayetteville
for the sale or dispensing of al-
coholic beverages for on -prem-
ises consumption including pri-
vate club licenses shall suffer
or permit any person to appear
on the licenses premises in
such manner or attire as to ex-
pose to view any portion of the
pubic area, anus, vulva, or gen-
itals or any simulation thereof,
not suffer or permit any female
to appear on the premises in
such manner or able as to ex-
pose to view any portion of her
breast below the lop of the are-
ola or any simulation thereof.
(C) That no person shall bring
into or consume or allow to be
brought into or allow to be con-
sumed intoxicants or alcoholic
beverages of any kind, in any
commercial establishment, or
business, which suffers or per-
mits any person to appear on
the premises in such manner or
attire as to expose to view any
portion of the pubic area, anus,
vulva, or genitals or any simula-
tion thereof, or suffers or per-
mits any female to appear on
the premises in such a manner
or attire as to expose to view
any portion of her breast below
the top of the erects or any sim-
ulation thereof
(0) If any person engaged in
the sale of controlled beverag-
es in the city shall conduct his
place of business in a manner
as to constitute a nuisance, the
city council shall revoke the li-
cense of such person to sell
controlled beverages in the
city_
PENALTIES/SUSPENSION/RE
VOCATION
111.10 FURNISHING TO OR
CONSUMPTION BY MINORS:
(A) Any Person convicted of
knowingly or unknowingly sell-
ing, serving, giving, procuring
or otherwise furnishing any
controlled beverage to any per-
son under twenty-one (21)
years of age shall be deemed
guilty of a misdemeanor and
shall be fined not less than two
hundred dollars ($200.00) nor
more than five hundred dollars
($500.00). (A.C.A. §§3.3-201,
3-3-202)
(8) Any person under the age
of twenty-one (21) years who
has in his or her possession,
purchases or attempts to pur-
chase, or otherwise obtain any
controlled beverage shall, upon
conviction, be deemed guilty of
a misdemeanor and shall be
subject to a fine of not less than
ten dollars ($10.00) nor more
than five hundred dollars
($500.00).
(A.C.A. §3.3-203)
111.11 OPERATING WITH-
OUT A CITY PERMIT:
(A) Beer and Light Wine Any
person who sells, serves, bar-
ters, exchanges, or gives away
beef or light wine without hav-
ing a valid city permit as provid-
ed by this chapter shall, upon
conviction, be deemed guilty of
a misdemeanor and shall be
fined not more than five hun-
dred dollars ($500.00). Each
day of such operation without a
valid city permit shall constitute
a separate and distinct offense
(A.C.A. §3-5-203)
l
(B) On Premises Consaimnijon.
Including Private Clubs, Any
person who sells, serves, bar-
ters, exchanges, or gives away
controlled beverages, except
wine, for on premises con-
sumption without having a valid
city permit as provided by this
chapter shall, upon conviction,
be deemed guilty of a misde-
meanor and shall be fined not
more than one thousand dollars
($1,000.00). Each day of such
operation without a valid city
permit shall constitute a sepa-
rate and distinct offense.
(A.C.A. §§3-9-204, 3-9-214, 3-
9-223)
(C) General Any person, except
as provided in 111.11(A) and
(B) above, who sells, serves,
barters, exchanges, or gives
away controlled beverages, ex-
cept wine, without having a val-
id city permit as provided in this
chapter shall, upon conviction,
be deemed guilty of a misde-
meanor and shall be fined not
less than five hundred dollars
($500.00) nor more than one
thousand dollars ($1,000.00).
Each day of such operation
without a valid city permit shall
constitute a separate and dis-
linct offense. (A.C.A. §3-3-205)
111.12 GENERAL PENALTY
Except as set forth above, any
person violating any provision
of this ordinance shall be sub-
ject to the general penalties as
set out in §10.99 of the Code of
Fayetteville.
111.13 SUSPENSION/REVO-
CATION
(A) The City Council may sus-
pend for a period not to exceed
6 months or revoke the license
of any licensee violating this
Chapter after due notice to the
licensee and an opportunity for
the licensee to be heard.
(B) When any license is re-
voked, no new license shall be
issued to the same person with-
in one year of such revocation.
TYPES OF PERMITS - FEES
SPECIFIC PROVISIONS -
HOURS OF OPERATION
111.20 WHOLESALE:
(A) WHOLESALE LIQUOR
PERMIT - Authorizes the pur-
chase from licensed manufac-
turers of importers of spirituous
and vinous beverages or malt
liquor containing more than five
percent (5%) alcohol by weight,
and the sale of such beverages
to persons holding a valid liquor
off premises permit or a hotel,
motel or restaurant on premises
consumption permit.
(1) Permit Fee: There is here-
by levied an annual permit fee
of five hundred dollars
($500.00) for each and every
establishment engaged in stor-
ing. transporting and/or selling
at wholesale any spirituous or
vinous (except wine) liquors
within the City.
retail liquor dealer engaged in
(A.C.A. §3-5-212)
(2)'Hours of Opeilation: It shall
the business of selling or dis-
be unlawful for any person to
pensing, at retail any vinous
(C) RETAIL BEER AND LIGHT
sell, offer for sale, or give away,
(except wine), spirituous, or
WINE ON PREMISES PERMIT
at wholesale, any spirituous, vi-
malt liqu0rs for off premises
- Authorizes the purchase of
nous, or malt liquors before the
consumption.
beer, light wine, or malt liquor
hours of 6:00 a.m. and after the
containing less than five per -
hour of 11:00 p.m. on week-
(2) Hours of Operation: It shall
cent (5%) alcohol by weight
days, 12:00 midnight on Friday
be unlawful for any person to
from a wholesaler holding a val-
and Saturday, at any hour on
sell, offer for sale, or give away,
id permit and the sale of such
,Sunday, on Christmas Day, or
at retail, any controlled bever-
controlled beverages for con -
during any 24 -hour interval des-
ages for off premises consump-
sumption on or off the premises
ignated an emergency period
tion before the hour of 10:00
described in the permit.
by the Mayor, City Council, or
a.m. and after the hour of 11:00
'any person acting in the May-
p.m. on weekdays, after the
(1) Permit Fee: There is hereby
' ors or City Council's capacity.
hour of 12:00 midnight on Fri-
levied an annual permit fee of
•
day and Saturday, at any hour
the same amounts and comput-
(A.C.A. §§ 3-4-605 & 3-7-111)
on Sunday, on Christmas Day,
ed in the same manner as the
or during any 24 -hour interval
annual fees for retail beer and
•
designated an emergency pen-
light wine - off premises in
(B) WHOLESALE BEER AND
LIGHT WINE PERMIT - Author-
izes the purchase of beer, light
wine or malt liquor from a li-
censed manufacturer or import-
er and the sale of such bever-
ages to retailers holding a valid
permit to sell beer, light wine or
malt liquor for consumption on
or off the premises
(1) Permit Fee: There is here-
, by levied an annual permit fee
of one hundred twenty-five dol-
Jars ($125.00) for each and ev-
ery wholesale dealer, broker or
'distributor of beer and light
-wine. (Per A.C.A. § 3-5-101 -
Beer wholesalers may also sell
malt liquors to retailers.)
(2) Hours of Operation: The au-
thorized hours of operation
shall be the same as for whole-
sale liquor dealers in 111.20(A).
(3) All wholesale dealers and
distributors selling beer and
light wine to retail dealers within
the City shall provide to the
City's accounting division on or
before June 30 of each year a
report of said distributor's total
sales of beer and light wine for
the previous calendar year to
each retailer within they. No
wholesale beer and light wine
permit will be renewed until
such report has been received
by the City.
(A.C.A. §3-5-205)
111.30 RETAIL
(A) RETAIL LIQUOR OFF
PREMISES PERMIT - Authoriz-
es the purchase of spirituous
and vinous beverages from any
person holding a valid whole-
sale liquor permit and the sale
of such beverages at retail to
consumers for consumption off
the premises; any holder of a
liquor off premises permit may
also purchase malt liquors con-
taining more than five percent
(5%) alcohol by weight from ei-
ther persons holding a whole-
sale beer permit or a wholesale
liquor permit, and sell such bev-
erages to consumers for con-
sumption off the premises de-
scribed in the permit.
It shall be unlawful for any per-
son to accept retail orders for
any spirituous, vinous, or malt
liquors for delivery outside of
the premises of the store,oper-
ated by such person.
(1) Permit Fee: There is here-
by levied an annual permit fee
of two hundred fifty dollars
($250.00) for each and every
ad by the Mayor, City Council, 111.30(6) above.
or any person acting in the
Mayor's or the City Council's
capacity.
(A.C.A. §§3.4-604 & 3.7-111,
fees; A.C.A §3.3-210, prohibits
Sunday sales and sales be-
tween 1:00 a.m. and 7:00 a.m.
weekdays; A.C.A. §3-3-211,
prohibits sales on Christmas
Day)
(B) RETAIL BEER AND LIGHT
WINE OFF PREMISES PER-
MIT - Authorizes the purchase
of beer, light wine, or malt liq-
uor containing less than five
percent (5%) alcohol by weight
from wholesalers holding a val-
id permit and the sale of such
controlled beverages for con-
sumption off the premises de-
scriber in the permit.
(1) Permit Fee: For the privilege
of selling beer and light wine, at
retail, for off premises con-
sumption, there is hereby levied
an annual permit fee as follows:
(a) For a retailer whose annual
gross sales of beer and/or light
wine do not exceed $1,000.00,
the permit fee shall be fifteen
dollars ($15.00).
(b) For a retailer whose annual
gross sales of beer and/or light
wine exceed $1,000.00, the
permit fee shall be fifteen dol-
lars ($15.00) plus one-half (1/2)
cent for each dollar of gross
sales in excess of $1,000.00
(c5 The Permit fee for a new ap-
plicant with no sales history
shall be forty dollars ($40.00)
(d) For the purpose of renewing
an existing permit, annual sales
shall be the actual gross sales
for the previous calendar year.
If the permiaee has not been in
operation for a full year at De-
cember 31 of.the previous year,
annual sales shall be deter-
mined by dividing the total ac-
tual sales by the number of
months of operation and multi-
plying the result by twelve.
(e) If a new permit was issued
between January 1 and June
30, the first renewal rate (due
on June 30 of the issue year)
shall be forty dollars ($40.00).
(2) Hours of Operation: It shall
be unlawful for any person to
serve, sell, offer for sale, or
give away beer or light wine at
retail for off premises consump-
tion before the hour of 10:00
a.m, and after the hour of 11:00
p.m. on weekdays, after the
hour of 12:00 midnight on Fri-
day and Saturday, at any hour
on Sunday, on Christmas Day,
or during any 24 -hour interval
designated an emergency peri-
od by the Mayor, City Council,
or any person acting in the
Mayor's or the City Council's
capacity.
(2) Hours of Operation: It shall
be unlawful for any person (ex-
cept private clubs and holders
of on -premises consumption -
hotel, motel or restaurant per-
mits) to serve, sell, offer for
sale, or give away for consump-
tion on promises any beer or
light wine between the hours of
1:00 a.m. and 7:00 a.m. on
Monday through Saturday, on
Sunday, on Christmas Day, or
during any 24 -hour interval des-
ignated an emergency period
by the Mayor, City Council, or
any person acting in the May-
or's or the City Council's ca-
pacity.
(A.C.A. §3-5-212)
(0) PRIVATE CLUB PERMIT -
Authorizes the purchase of any
controlled beverages from per-
sons holding an off premises
retail liquor or beer permit who
have been designated by the
director of the State Alcoholic
Beverage Control Board as a
private club distributor, and au-
thorizes the dispensing of such
beverages for consumption on
the premises of the private club
to members and guests only of
the private club. (private clubs
holding a retail beer on prem-
ises permit may purchase beer,
light wine, or malt liquor con-
(ainfng not more than five per.
cent (5%) alcohol by weight
from holders of valid wholesale
beer permits).
(1) Permit Fee: For the privilege
(b) Hotel or motel having one
of operating a private club with-
hundred (100) or more rooms,
five hundred dollars ($500.00)
in the City, there is hereby lev-
ied an annual permit fee of two
(c) Restaurants having a seat -
hundred fifty dollars ($250.00).
ing capacity of less than one
For any new private dub permit
hundred (100) persons, two
issued between January 1 and
hundred and fifty dollars
July 1, the fee shall be one
($25000)
hundred and twenty-five dollars
($125.00). (A.C.A. §§ 3-9-222 &
(d) Restaurants having a seat -
3 -9-223)
ing capacity of one hundred
(2) Supplemental Beverage
(100) or more persons, five
hundred dollars ($500.00)
Tax: In addition to the $250.00
per year permit fee, there is
Any new for
hereby imposed and levied a
consumption -d
on -
on premise
supplemental tax of 5%
motel, er neJunarohpera-
urat
and
upon the annual gross receipts
tions 1 and
January 1
which are derived by such ri-
P
30 shall t
June shall be at one-half the
vate club from charges to the
members and/or their guests
__—.- -- —
for the following services:
The city supplemental bever-
age tax is in addition to the
state supplemental tax on pri-
vate'clubs and shall be paid to
the appropriate city official,
shall be due monthly at the
same time that the state sup-
plemental tax is due, and shall
be accompanied by one copy of
the state supplemental tax re-
turn. If any perm,dee shall fail
to remit the supplemental tax
within the time period that the
state tax is due, a penalty of 12
1/2% of the tax due shall be
due and payable in addition to
the tax.
(3) Hours of Operation: It shall
be unlawful for the owner. oper-
ator, or any employee of a pri-
vate dub to serve or permit the
consumption of any controlled
beverages on the premises of
said private club between the
hours of 2:00 a.m. and 10:00
a.m. on any day.
(A.C.A. 3-9-233)
(E) ON PREMISES CON-
SUMPTION - HOTEL, MOTEL,
OR RESTAURANT PERMIT -
Authorizes the purchase of any
controlled beverages from per-
sons holding a valid wholesale
permit and the sale of such
beverages for consumption on
the premises of the restaurant
described in the permit or in -
room hospitality units of the ho-
tel or motel described in the
permit. (Persons holding an on
premises consumption - hotel,
motel, or restaurant permit are
not required to have a retail
beer permit).
(A.C.A. §3-9-211)
(1) Permit Fee: For the privilege
of selling controlled beverages
for on -premises consumption
by hotels, motels, or restau-
rants, in accordance with
A.C.A. §3-9-201, et seq, there
is hereby levied annual permit
fees in the following applicable
amounts:
(a) Hotel or motel having fewer
than one hundred (100) rooms,
two hundred and fifty dollars
($250.00)
For the preparation and serving
of mixed drinks, and
For the cooling and serving of -3
beer, light wine, and wine. - J
SE? G3 "
ratesshown above.
(G) SATELLITE CATE9ING
PERMIT - Authorizes any res-
(A.C.A. §3-9-21283-9.214)
taurant, hotel, or motel which
has an on premises consump-
(2) Supplemental Beveragr
tion - hotel, motel, or restaurant
Tax: In addition to the annua.Permit
to serve controlled bev-
permit fees for the sale of con.
erages purchased under its
trolled beverages for on prem
permit at any place that is per-
ises consumption by hotels
milled as a large attendance fa -
motels, or restaurants, there is
cility,
hereby levied a city supplemen
tal beverage tax of five percen
or from the stock of the large
(5%) upon the annual gross
nregulationsfacility,inaccord -
proceeds or gross receipts from
amen with the Al-
the
the sale of alcoholic beverages
coholic Beverage Control Divi-
pursuant to this subsection.
sion.
Wine, beer, light wine, and malt
liquors containing less than five
(1) Permit Fee: There is hereby
percent (5%) alcohol by weight,
levied an annual permit fee in
shall not be subject to the sup-
the amount of two hundred and
plemental beverage tax,
fifty dollars ($250.00) for a sat-
ellite catering permit.
The city supplemental bever-
age tax is in addition to the
(2) Supplemental Beverage
state supplemental tax and
Tax: Satellite catering activities
shall be paid to the appropriate
will be subject to the same sup -
city official, shall be due month-
plemental beverage taxes, due
ly at the same time that the
dates, and penalties as on
state supplemental tax is due,
premises consumption - hotel,
and payment shall be accom-
motel, or restaurant permittees
panied by one copy of the state
In 111.30 (E).
supplemental tax return. If any
permittee shall fail to remit the
(3) rs
of Op ratin:sT
supplemental tax within thepre
l -
hours of any the
time period that the state tax is
lite catering permittee shall be
due, a penalty of 12 1/2% of the
the same as those allowed for
tax due shall be due and paya-
on premises consumption - No-
ble in addition to the tax.
tel, motel, or restaurant permit-
(A.C.A. §3-9-213&3-9-2l4)
tees in 111.30(E).
(3) Hours of Operation: It shall
(A.C.A.3-9.202(8)(B)(ii)(c))
be unlawful for any person
holding an on premises con-
111.40 MANUFACTURING:
sumption hotel, motel or restau-
rant permit to sell, offer for sale,
(A) LIQUOR MANUFACTUR-
serve, give away, or permit
INS PERMIT - Authorizes the
consumption of any controlled
manufacture or distilling of spin -
beverages between the hours.
tuous or vinous (except wine)
of 2:00 a.m. and 10:00 a.m. on
liquors, and the sale to persons
Monday through Saturday, on
holding valid permits to whole -
any Sunday, on Christmas Day
sale or import such liquors.
or during any 24 -hour interval
designated an emergency pen-
(1) Permit Fee:-
cod by the Mayor, City Council,
or any person acting in the
a For the manufacturing and
(a)
or the City Council's
sale of
a
capacity,
annual permit fee shall be five
(F) LARGE ATTENDANCE FA-�
CILITY PERMIT - Authorizes
the sale of all types of control- I
led beverages by a facility)
which houses a convention'
center activity, or tourism activi-
ty where such establishment
has a seating capacity of not•
less than 500 people and which
serves controlled beverages
only on the premises on days
that meals and food are served'
at one or more places on the
premises.
(1) Permit Fee: There is here-
by levied an annual permit fee
of five hundred dollars
($500.00) for each and every
large attendance facility within
the City. For any new peripit is-
sued between January 1 and
June 30, the permit fee shall be
one-half of the above amount.
(2) Supplemental Beverage
Tax: Large attendance facilities
shall be subject to the same
supplemental beverage taxes,
due dates, and penalties as on
premises consumption - hotel,
motel, or restaurant permittees
in 111.30(E).
(A.C.A. §§3-9-202 je)(B)(I);.3-
9-212: 3-9-213; 3-9214)
(3) Hours of Operation: The
hours of operation for large at-
tendance facility permittees
shall be the same as those al-
lowed for on premise consump-
tion - hotel, motel, or restaurant
permittees in 111.30(E).
hundred dollars ($500.00) for
each and every manufacturing
plant.
(b) For the manufacturing and
sale of vinous (except wine) liq-
uors, the annual permit fee
shall be two hundred and fifty
dollars ($250.00) for each and
every manufacturing plant.
(A.C.A.§3-4-602)
(B) BEER MANUFACTURING
PERMIT'- Authorizes the man-
ufAeture of beer containing not
in excess of five percent (5%)
alcohol by weight, and the sale
of such beer to persons holding
a valid permit to wholesale or
import such beer.
(1) Permit Fee: For the manu-
facture and sale of beer, the
annual permit fee shalt tie two
hundred and fifty dollars
($250.00) for each and every
manufacturing plant.
(A.C.A. §3-5-205)
(1) Permit Fee: For the privilege
of rectifying, blending, or flavor-
ing spirituous liquors, them is
hereby assessed an annual
permit fee of seven hundred
and fifty dollars ($750.00) for
each and every rectifying,
blending, or flavoring plant.
(A.C.A. §3-4-603)
SEVERABILITY
Should any paragraph, section,
clause, phrase, or part of this
ordinance, for 'any reason, be
held invalid, such decisions I
shall not affect the validity of
the remaining provisions of this
ordinance and the applicationA
of those provisions to any per•
-
• son or circumstances shall not
be affected thereby.
EMERGENCY CLAUSE
The City Council hereby deter-
mines that the aforesaid provi-
sions are necessary for the reg-
ulation of alcoholic beverages
to provide for on -premises con-
sumption and to update and
clarity existing regulations. Un-
less put into eQect immediately
the public health, safety, and
welfare of the people of Fayet-
teville will be adversely affect-
ed. 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 17th day of JUne. 1997.
APPROVED: ;4ya
By: Fred Hanna, Mayor)
ATTEST:
By: Traci Paul, City Clerk
(C) RECTIFYING PERMIT - -
Authorized the rectifying, purity-
ing, mixing, blending, or flavor-
ing of spirituous liquors or the ,
bottling, warehousing, or 9ther
handling or distribution of recti-
fied distilled spirits. Rectifiers j
may sell, deliver, or transport I
only to wholesalers holding a
valid permit to whole ¢, to
other rectifiers, or for ,pur-
pose of export out of statrt
1
SE?9