HomeMy WebLinkAboutOrdinance 5105 ORDINANCE NO, 5105
AN ORDINANCE TO AMEND § 111 .30 RETAIL OF
CHAPTER 111 ALCOHOLIC BEVERAGES OF THE CODE
OF FAYETTEVILLE
WHEREAS, retail off-premises alcoholic beverage stores should be able to open three
hours earlier in the day to accommodate anglers and other individuals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : The City Council of the City of Fayetteville, Arkansas hereby repeals
§ 111 .30 (A)(2) and (13)(2) Hours of operation of the Code of Fayetteville and enacts
replacement subsections (A)(2) and (13)(2) Hours of operation to allow liquor stores to open
three hours earlier as shown below:
"§ 111 .30 Retail
"(A) Retail liquor off-premises permit.
(2) Hours of operation. It shall be unlawful for any person to sell
or offer to sell any controlled beverages for off-premises
consumption before the hour of 7:00 a.m. or after the hour of 11 :00
p.m. on weekdays, after the hour of 12:00 midnight on Friday or
Saturday and at any hour on Sunday, on Christmas Day, or during
any 24-hour period designated an emergency by the mayor or the
City Council."
"(B) Retail beer and light wine off-premises permit.
"(2) Hours of operation. It shall be unlawful for any person to sell
or offer to sell beer or light wine for off-premises consumption
before the hour of 7:00 a.m. or after the hour of 11 p.m. on
weekdays, after the hour of 12:00 midnight on Friday or Saturday,
at any hour on Sunday, on Christmas Day, or during any 24-hour
period designated an emergency by the Mayor or City Council."
A*
Page 2
Ord. 5105
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PASSED and APPROVED this 15th day of January, 2008. v p
E ; FAYETTEVILLE ; -
APPROVED: ATTEST:
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By: By:
DAN COODY, Mayor SO RA E. SMITH, City Clerk/treasurer
6�D
AGENDA REQUEST
FOR: COUNCIL MEETING OF JANUARY 15, 2008
FROM:
MAYOR DAN COODY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §111 .30 Retail Of Chapter 111 Alcoholic Beverages Of The Code
Of Fayetteville
APP VED FOR AGENDA:
Mayor Date
1 Z - OqT
City Attorney Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : City Council
FROM : Kit Williams, City Attorney's
DATE : January 2, 2008
RE : Permitting the opening of off-premises beer, wine and liquor sales
three hours earlier
State law (A .C .A. § 3 -3 -210) allows retail sale of alcoholic beverages for
off-premises consumption beginning at 7 :00 A . M. (except for Sundays ). Our Code
of Fayetteville was more restrictive in prohibiting any such sales before 10 :00
A. M. I have attached the State law as well as our current Fayetteville Code
sections regulating hours of operation. Mayor Coody has proposed conforming
our Fayetteville Code to the State law to allow retail sales to begin at 7 :00 A .M .
rather than 10 :00 A.M. I have drafted such an ordinance to amend our Fayetteville
Code.
The amendment also removes the previous ambiguous language : "give
away, at retail . " I am not sure what that means or why it was originally inserted in
our Code . State law only prohibits the sale of intoxicating liquor from liquor
stores during certain hours. Our broad prohibition : " It shall be unlawful for any
person to . . . give away, at retail , any controlled beverages . . . ," seems to reach
what most citizens would consider their legal rig:nt to give their friends and
relatives a taste of the bubbly for a New Year's toast. Thus, I recommend
removing this possibly over-reaching language from the off-premises consumption
subsections.
1 do not recommend removing similar language from the on-premises
subsections because of potential enforcement issues and subterfuges such as :
" After 2 :00 A . M . , we sell a glass of cola for $5 and give away the whiskey in it for
nothing. "
ORDINANCE NO.
AN ORDINANCE TO AMEND § 111 .30 RETAIL OF
CHAPTER 111 ALCOHOLIC BEVERAGES OF THE
CODE OF FAYETTEVILLE
WHEREAS, retail off premises alcoholic beverage stores should be able to open three
hours earlier in the day to accommodate anglers and other individuals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l : The City Council of the City of Fayetteville, Arkansas hereby repeals
§ 111 .30 (A)(2) and (13)(2) Hours of operation of the Code of Fayetteville and enacts
replacement subsections (A)(2) and (13)(2) Hours of operation to allow liquor stores to open
three hours earlier as shown below:
"§ 111 .30 Retail
"(A) Retail liquor off-premises permit.
"(2) Hours of operation. It shall be unlawful for any person to sell or
offer to sell any controlled beverages for off-premises consumption
before the hour of 7 :00 a.m. or after the hour of 11 :00 p.m. on weekdays,
after the hour of 12 :00 midnight on Friday or Saturday and at any hour
on Sunday, on Christmas Day, or during any 24-hour period designated
an emergency by the mayor or the City Council . "
"(B) Retail beer and light wine off-premises permit.
"(2) Hours of operation. It shall be unlawful for any person to sell or
offer to sell beer or light wine for off-premises consumption before the
hour of 7 :00 a.m. or after the hour of 11 p. m. on weekdays, after the
hour of 12 :00 midnight on Friday or Saturday. at any hour on Sunday,
on Christmas Day, or during any 24-hour period designated an
emergency by the Mayor or City Council . "
PASSED and APPROVED this 15th day of January. 2008 .
APPROVED: ATTEST:
By: By :
DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
wholesale dealer, broker or distributor of off-premises consumption before the hour of
beer and light wine. (Per A.C.A. § 3-5-101 , 10:00 a.m. and after the hour of 11 :00 p.m.
Wholesalers of beer may sell mall liquor.) on weekdays, after the hour of 12:00
midnight on Friday and Saturday, at any
(2) Hours of operation. The authorized hours of hour on Sunday, on Christmas Day, or
operation shall be the same as for wholesale during any 24-hour interval designated an
liquor dealers in §111 .20(A). emergency period by the mayor, City
Council, or any person acting in the mayor's
(3) All wholesale dealers and distributors selling or the City Council's capacity.
beer and light wine to retail dealers within
the city shall provide to the cies accounting (B) Retail beer and light wine off-premises permit.
division on or before June 30 of each year Authorizes the purchase of beer, light wine, or
a report of said distributors total sales of malt liquor containing less than five percent
beer and light wine for the previous calendar alcohol by weight from wholesalers holding a
year to each retailer within the city. No valid permit and the sale of such controlled
wholesale beer and light wine permit will be beverages for consumption off the premises
renewed until such report has been received described in the permit.
by the city.
(1 ) Permit fee. For the privilege of selling beer
(Ord. No. 4042, §1 , 6-17-97; Code 1991 , §111 .20) and light wine, at retail, for off premises
consumption, there is hereby levied an
State law reference(s)—Privilege lax-Levy and annual permit fee as follows:
collection-Exception, A.C.A. §3-5-205A, as amended by Act
1813 of 2001 . (a) For a retailer whose annual gross sales
111 .21-111 .29 Reserved of beer and/or light wine do not exceed
$1 ,000.00, the permit fee shall be
$15.00.
111 .30 Retail
(b) For a retailer whose annual gross sales
(A) Retail liquor off-premises permit. Authorizes the of beer and/or light wine exceed
purchase of spirituous and vinous beverages $1 ,000.00, the permit fee shall be
from any person holding a valid wholesale liquor $15.00 plus one-half cent for each dollar
permit and the sale of such beverages at retail to of gross sales in excess of $1 ,000.00.
consumers for consumption off the premises; any
holder of a liquor off-premises permit may also (c) The permit fee for a new applicant with
purchase malt liquors containing more than five no sales history shall be $40.00.
percent alcohol by weight from either persons
holding a wholesale beer permit or a wholesale (d) For the purpose of renewing an existing
liquor permit, and sell such beverages to permit, annual sales shall be the actual
consumers for consumption off the premises gross sales for the previous calendar
described in the permit. year. 0 the permittee has not been in
operation for a full year at December
It shall be unlawful for any person to accept retail 31" of the previous year, annual sales
orders for any spirituous, vinous, or malt liquors shall be determined by dividing the total
for delivery outside of the premises of the store actual sales by the number of months of
operated by such person. operation and multiplying the result by
12.
(1 ) Permit fee. There is hereby levied an annual
permit fee of $250.00 for each and every (e) If a new permit was issued between
retail liquor dealer engaged in the business January 1st and June 301h, the first
of selling or dispensing, at retail any vinous renewal rate (due on June 30th of the
(except wine), spirituous, or malt liquors for issue year) shall be $40.00.
off-premises consumption.
(2) Hours of operation. It shall be unlawful for
(2) Hours of operation. It shall be unlawful for any person to serve, sell, offer for sale, or
any person to sell, offer for sale, or give give away beer or light wine at retail for off-
away, at retail, any controlled beverages for premises consumption before the hour of
CD111 :8
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
10:00 a.m. and after the hour of 11 :00 p.m. (2) Supplemental beverage tax. In addition to
on weekdays, after the hour of 12:00 the $250.00 per year permit fee, there is
midnight on Friday and Saturday, at any hereby imposed and levied a city
hour on Sunday, on Christmas Day, or supplemental tax of five percent upon the
during any 24-tour interval designated an annual gross receipts which are derived by
emergency period by the mayor, City such private club from charges to the
Council, or any person acting in the mayors members and/or their guests for the
or the City Council's capacity. following services:
(C) Retail beer and light wine on-premises permit. (a) For the preparation and serving of
Authorizes the purchase of beer, light wine, or mixed drinks, and
malt liquor containing less than five percent
alcohol by weight from a wholesaler holding a (b) For the cooling and serving of beer, light
valid permit and the sale of such controlled wine, and wine.
beverages for consumption on or off the
premises described in the permit. The city's supplemental beverage tax is
in addition to the state supplemental tax on
(1 ) Permit fee. There is hereby levied an annual private dubs and shall be paid to the
permit fee of the same amounts and appropriate city official, shall be due monthly
computed in the same manner as the annual at the same time that the state supplemental
fees for retail beer and light wine off- tax is due., and shall be accompanied by
premises in §111 .30(6) above. one copy of the state supplemental tax
return. If any permittee shall fail to remit the
(2) Hours of operation. It shall be unlawful for supplemental tax within the time period that
any person (except private clubs and holders the stale tax is due, a penalty of 121/2% of
of on-premises consumption hotel, motel or the tax due shall be due and payable in
restaurant permits) to serve, sell, offer for addition to the tax.
sale, or give away for consumption on
premises any beer or light wine between the (3) Hours of operation. It shall be unlawful for
hours of 1 :00 a.m. and 7:00 a.m. on Monday the owner, operator, or any employee of a
through Saturday, on Sunday, on Christmas private club to serve or permit the
Day, or during any 24-hour interval consumption of any controlled beverages on
designated an emergency period by the the premises of said private club between
mayor, City Council, or any person acting in the hours of 2:00 a.m. and 10:00 a.m. on any
the mayor's or the City Council's capacity. day.
(D) Private club permit. Authorizes the purchase of (E) On-premises consumption--Hotel, motel or
any controlled beverages from persons holding restaurant permit. Authorizes the purchase of
an off-premises retail liquor or beer permit who any controlled beverages from persons holding a
have been designated by the director of the State valid wholesale permit and the sale of such
Alcoholic Beverage Control Board as a private beverages for consumption on the premises of
dub distributor, and authorizes the dispensing of the restaurant described in the permit or in-room
such beverages for consumption on the premises hospitality units of the hotel or motel described in
of the private club to members and guests only of the permit. (Persons holding an on-premises
the private dub. (Private dubs holding a retail consumption hotel, motel, or restaurant permit
beer on premises permit may purchase beer, are not required to have a retail beer permit).
light wine, or malt liquor containing not more than
five percent alcohol by weight from holders of (1 ) Permit fee. For the privilege of selling
valid wholesale beer permits). controlled beverages for on-premises
consumption by hotels, motels, or
(1 ) Permit fee. For the privilege of operating a restaurants, in accordance with A.C.A. §3-9-
private dub within the city, there is hereby 201 , at seq., there is hereby levied annual
levied an annual permit fee of $250.00. For permit fees in the following applicable
any new private club permit issued between amounts:
January 1st and July 1st, the fee shall be
$125.00. (a) Hotel or motel having fewer than 100
rooms, $250.00.
CD111 :9
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J (1 . 18.08) Clarice Pearrnan - Ord. 5105 Page 1
From: Garice Pearman
To: Coody, Dan; Coody, Dan
Date: 1.18.08 5: 16 PM
Subject: Ord, 5105
Attachments: 5105 Amend 111.30 Retail.pdf
CC: Audit
Mayor Coody:
Attached is a copy of the above ordinance passed by City Council regarding the amendment of 111.30 retail liquor. Please
let me know if there Is anything else needed for this item.
Thanks.
Clarice
A2 awaS Democrat OF)axEtte
• RECEIVED
Northwest Arkansas Times JAN 2 82008
Benton County Daily Record CITY OFFAYETfEVILLE
CITY CLERKS OFFICE
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville — Ordinance 5105
January 23, 2008
Publication Charge : $ 73 . 85
Subscrib d and sworn to before me
Thisay of'��'Snv2,n 2008 .
Notary Pub n
_
Jardee Deas"
Netaq Public, State Of Atkw"
(
My Commission Expires: j "f, L v''�10�T,fp �Ommission Expires1W ti4` � �
Do not pay from Affidavit, an invoice will be sent
RECEIVED
CITY OF FAYETTEVIU E
CITY CLERKS OFFICE
v
OR
'AN OaDINANCE'TO AMEND 4 GF8 TM
Cy{ P _
AP7ER 111 'AICbNOIIC
CODE OF FAYETIE�ILLE tt'dw* � '` n '.
rs � femi9es a16bhohc'$everagA��,pl �.H' a ARIKNiAS�y.?rx
releii otI p
'sYq��Wd be able ld o�+ \hree hwrs�iOerrlA' To � �i- j'Y}Y^ ��, . .,' Yfi� wMi
ate anglers ePd other rtdlvidi s U #Iaa., a
1! n
Na day fi acco!on� y,, fl Pn 4t
'COUWjL Of 'TNE pTY O�
uah
NIOpp, f3E IT- bNDAiNFA BY'tNE ffTY
Nov TNEREF pppAN8A3r 1" "XA�t+ t47v>?' -z;
jAYETTfl vL}E a <s.aj � 4 ° enlle Atka'+sas III, 1l.s §"�:.{ I ' I I
�� ` 12cernant sUbsectio��)� s .
$echos t ,CH).000noil al the GN of Fayed k
IBx2) FF{ours of.bp
ereWn of the Code W FaYetteNlle entlds eadier as sh A
(9)121 Holts of,o�eratron to eliow 0quar9tores to oPeM1 r
§1113D 8124 effuses perm4 . an)'YSon ti:euur4rflel � eli'a �LSntr$lfd tievt t
(A) Refat�iigyw off P Y or atter IS
tdlrt oto�� � j t r
( } HoT'rs EA:ePeratlo`t' s Irsnalt�fm4a>a�ptSrihe hou 3n3 at afij t�+�
ere9es fordt-premises cwlsumP rrxdnC9M on Fnda�ja �aY of IDa Gi� �
we§ktlayk .'after H}e flour bf 12:c9- des�9hated'en''emereen 'y Ymhy�syra *#�'
tlbnn >m 24 oat parrod Y r e
Chnstma aY Sr sl 9!G,LY13J.r.r i e r°1, 1wIJ
(B) Retail bear end Il9ht wine oHPrertases FBM'^t * n to 5HI aptferglos 1 beer or�9MYP�a� y
'(2) Hods of operatbn Il.shaH ba unlawN�tw enY PwSO., . dam. Chf�stmasDaY..a -
wn before IDe-tqur o1 Am•or attar the flout aft, P'� °� �
foraft r t-Premises crosumpt . r ncy bYthe Mayor or Gry Council s
cher ma hou4 a?r peno�dd des Bneterd an-eine 9a y a4Y - '.-�ypj44 €
during any _ i m V s 8- W .....v
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