HomeMy WebLinkAbout1935-06-10 Minutes182
Fayetteville City Council met in regular.session Monday June 10th,1935.
Present: Mayor A D McAllister,City Attorney Rex Perkins, City Engineer E M Ratliff, Aldermen:
Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Acting Chief of
Police Ezrl Hand. Absent: City Clerk Otoe Phillips, Alderman Bronson acting as Clerk
of the Session.
Minutes of the regular meeting held June 3,1935 were read and corrected to read
that Telephone Budget for Fire Department was not to exceed $7600.00 per year or $p50.
per month; otherwise approved.
Bills: The following bills were presented after their approval by Alderman Peal, Chairman
of Auditin Committee: Southwest Bell Telephone Co., $734 25; A D McAllister $9.75;
R N Rheam ,p2.00; Elisabeth Strain $21.00; W E Gregg $72.50; Southwest Gas & Electric
Company 70 cents;J:Shelley $15.00; Arkansas Western Gas Co. $3.26; Standar Oil Co
of Louisana x;3.45; Carney Grocery $4.00; Magnolia Petroleum Co. $740.14; Ben Porter
$15.00; A F Shumate $18.00. Alder:ran Gregory moved that the bills be allowed as
approved and the Clerk be instructed to draw warrants for the same upon the proper
funds. This motion was seconded by Alderman Bynum and received the unanimous vote
of the Council.
Title of Ordinance entitled "An Ordinance declaring the business of Storing, transporting
Liquor and/ or selling liquors at retail or wholesale in the City of Fayetteville,Arkansas,
Ordinance: to be a privilege; levying a tax therefor; providing for the issuance of permits;
regulating the sale of liquor; fixing the penalties for violations hereof, and for
other purposes", left on its second reading June 3,1935, was brought to the attention
of the Council. Alderman Sanders moved that the Ordinance be placed on its third
and final reading. This motion was seconded by Alderman Carter. Onothe Clerk's
.calling the roll, the following vote resulted: Ayes: Aldermen Bynum, Bronson, Carter,
Gre ory, Peal,,Sanders, Shook and Ucker. Nayes:None: The•%Mayor declared the motion
Carrie The -mayor then put the question: Shall the Ordinance Pass. On the Clerk's
balling the roll, the following vote resulted: Ayes: Aldermen Bronson, Bynum,
Carter, Gregory,'Peal, Sanders, Shook and Ucker. Nayes: None. The Mayor declared the
Ordinance Passed as there were eight Ayes and no Nayes. Alderman Gregory moved
that the emergency clause be adopted. This motion was seconded by Alderman Carter,
and on the Clerk's calling the roll; resulted in the following vote: Ayes: Aldermen
Bronson, Bynum, Carter, Peal, Shook, Sanders and Ucker. Nayes: None, The Mayor
declared the (motion carried;and the emergency clause incorporated in the Ordinance.
ORDINANCE NUMBER 782
AN ORDINANCE DECLARING THE BUSINESS OF STOR ING,TRANSPCRTING- and/ OR SELLING OF
LICQUORS AT RETAIL OR WHOLESALE IN THE CITY OF FAYETTEVI LLE,ARKANSAS,TO BE A PRIVILEG)
LEVYING A TAX THEREFOR; PROVIDING FOR THE ISSUANCE OF PERM ITS; REGULATING THE SALE OF
LICQUOR;FIXING THE PENALITIES FOR VIOLATIONS HEREOF,AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYF.TTEVILLE,ARKANSAS:
SECTION 1.That the business of storing, transporting and/ or selling of spirituous,
vinous and/or malt liquorssat wholesale within the City of Fayetteville, Arkansas, is
hereby declared to be a privilege; and for the exercise of such a privilege there is
_ hereby levied an annual tax in the sum of Three Hundred Fifty ($350.) Dollars for
each and every business conducted.
SECTION 2. The business
of storing, transporting,
selling and/ or
dispensing at
retail of any and all vinous,
spirituous and/ or
malt liquors within
the City of
Fayetteville, Arkansas,
is hereby declared to be
a privilege and
for
the exercise of
such privilege there is
hereby levied an annual privilege
tax in
the
sum of Two
Hundred Dol;ars($200.)
for each such retail store
operated within
the
City of
Fayetteville by any person, firm or corporation.
SECTION 3. Any person, firm or corporation engaging in the business herein declared
to be a privilege without first having paid the license fees as provided in Section
1 and 2 hereof shall be deemed guilty of a misdemeanor and upon conviction shall be
fined in any sum not less than One Hundred Dollars ($100.) and not greater t han
One Thousand Dollars ($1000.00); and each day of such operation without the payment
of said license fees shall constitute a separate and distinct offense.
SECTION 4. It is hereby declared to be the intent 6f the City in order to avoid
confusion to issue such licenses as are herein provided for in such a manner that
they will run for such a lengthof time as will be concurrent with the licenses issued
by the State governement. It is therefore ordained that the City Collector shall
have the right to accept installment payments of the license fees due the City for
such periods of time as the State Commissioner of Revenues grants for the payment of
State License fees.
SECTION 5. It shall be unlawful for any person, firm or corporation to sell, offer
for sale or give away,at wholesale any spirituous, vinous and/ or malt liquors before
the hour of 8 a. m.and after the hour of 6 p.m.
It shall be unlawful for any person, firm, or corporation to sell, offer for sale, or
give away, at retail any spirituous, vinous and/ or malt liquor before the hour of
7 a.m. and after the hour of 12 o'clock midnight.
It shall 'also be unlawful for any person, firm or corporation to sell, offet+ for
sale or give away any such liquors onSunday or on any State, County, Municipal and/
or District primary or general election day.
It•shall also be unlawful for any person, firm or corporation to sell, offer for
sale or give away any such liquors on aurth_of July and Ohristmas Day.
Any person, firm or corporation violating any of the provisions of this section
shall be deemed guilty of misdemeanor and upon conviction shall be fined in any
184
Ordinance #782 --Whiskey;' ordinance
sum not less than One Hundred Dollars ($100.00):nor more than Two Hundred and Fifty
($250.00) Dollars. For the third offense against any of the provisions of this
section, the City Council shall have the right to order the permit of such person,
firm or corporationrevoked and cancelled.
SECTION 6. It shall be unlawful for any person, firm or corporation to sell, offer
for sale or give away,or cause or permit to be sold, offered for sale, or given away,
any such vinous, spirituous and/ or malt liquors through salesmen going from house to
house soliciting.orders.
It sha ll be unlawful for any person, firm or corporation to accept retail orders for
any such liquors for deliveryourside of the premises of the store operated by such
person, firm or corporation.
Any person, firm or corporation violating any of the provisions of this.section shall
be deemed guilty of misdemeanor and upon conviction thereof shall be fined in an
sum not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty (J250.
Dollars; and each such violation shall constitute a separate and distinct offense.
SECTION 7. It shall be unlawful for any person, firm or corporation to have in his
possession or control on the premises where liquor is allowed to be sold, any bottle
or container containing liquor which hasbeen opened.
Adjoining premises shall be deegted to come within the prohibition of this of this
section whenany person, firm, or corporation has any interest therein and in addition
has any interest in the regularly licensed retail or wholesale liquor store.
Any person, firm or corporation violating the provisions of this section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum
not less than -Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) dollars.
And any person, firm or corporation operating a regularly licensed liquor store,
having any interest in any establishment operating in adjoining premises where persons
are found to be or permitted to drink liquor shall be subject to having their license
revoked by the City Council.
SECTION 8. No person,firm or corporation shall be granted any permit for the sale
within the City either at wholesale or retail of any liquor where such person, firm or
corporation or any member or stockholder thereof has mny interest of any kind in a
business or club operating in adjoining premises where liquor is kept or permitted
to be kept and/ or consumed.
SECTION 9. It is hereby declared to be for the hest interest of the public that
liquor dealers be prevented from selling liquor to persons known to be habitual drunkards
and to this end it is hereby ordained that an habitual drunkard within the meaning of
this ordinance shall be "any person who has been convicted of drunkeness three times
in any twelve-month period",the first said twelve month period to begin with t he date
upon which the Ordinance is approved.
It shall hereinafter be the duty of the Chief of Police of the City of Fayetteville
to keep.a separate register (%Jhich shall be at all reasonable hours subject to public
inspection),of every person convicted of drunkenness in the City of Fayetteville (both
in the M inicipal Court and the O ircuit C,ourt)..Such register shall show the number of
times any person has been so convicted. A bulletin containing the names of each and
every person convicted three times within a year of drunkenness shall be mailed
once each month, if necessary, by the Chief of Police to each liquor dealer licensed
by the City.
It shall be unlawful for any person, firm or corporation to sell or,give away any
liquor to any person when such person is in an intoxicated condition.
Any person, firm or corporation violating the provisions of this section shall be
deemed guilty of a misdemeanor and upon conviction of the first offense shall be
punishable by a fine of not less than Fifty ($50.00) Dollars nor more than Three
Hundred($300.00)Dollars and for a second offense in addition to such fine shall be
subject to the revocation of the license at the discretion of the City Council.
SECTION 10. It shall be the duty of the Chief of Police to receive from the proper
County official- a list of any and all persons adjudged by proper procedure in the
County Courts to be guilty of failing and refusing to properly support their families,
and such list as furnished shall be included by the Chiefof Police in the monthly -
report provided for in Section 9 herein. Any person, firm or corporation selling,
offering for sale or giving away liquor to any person whose name is included in the staid
report of the Chief of Police, shall be deemed guilty of a misdemeanor and upon
conviction shall be subject to the same penalties as provided in section 9 herein.
SECTION 11.
It shall
be unlawful for any
person, firm or
corporation engaged in the
sale at wholesale
or
retail of any liquor
in the City of
Fayetteville to sell,offer
for sale or
give away
under anyr•conditions
any liquor to
any'person under the age of
twenty-one
(21) years
of age. The burden
of determining
the age of any person shall
be upon the
seller.
Any person, firm or corporation violating the provisions of this,section shall be
deemed guilty of a misdemeanor and upon conviction shall be subject to•the same
punishment as is provided in Section 9 hereof.
SECTION 12. No person, firm or corporation shall be granted a permit tosell liquor I
either at wholesale or retail within the City of Fayetteville in basement, store -rooms,
or in up stairs store rooms, upon or in premises or incconnection with any premises
wherein there are located any screened partitions, doors, or windows hindering or
obstructing the.view of the interior, private alcoves,blind or curtained booths,
4
lockers,or where
any other means or method is used,designed or
adapted to induce or •.
invite persons to
open and consume liquor
upon such premises.
If after a license hastI
been granted,the
licensee then changes or
allows the premises
to be changed to _
4
18
Ordinance #782 -continued --Whiskey Ordinance. -
violate this section, the City Council shall order such license revoked, if after a
five-day notice such licensee fails and refuses to conform to the provisions of this
section. Operation after the revocation of a license shall be punishable as provided
in Section 3 hereof.
Section 13. In any prosecution or proceedings for any violation of this ordinance
in Court or before the City Council,the general reputation of the defendant or
defendants,( or in case of an application for a permit or the revocation of a permit,
the applicant or the licensee ) for moonshining, bootlegging, drinking or being engaged
in the unlawful manufacture of or trade in,intoxicating liquors, shall be allowed to be
introduced in evidence by the City against said defendant or defendants.
SECTION 14. It shall be unlawful for any person to drink liquor in any public place,
�0 ti highway or street, or in or upon any passenger coach, street car, etc. (See Section 10,
kj-;' Page State Law). Any person violating provisions of this section shall be deemed
s guilt oVf misdemeanor and upon conviction shall be fined in any sum-. not less than
($50.00) Dollars nor more than One Hundred (100.00) Dollars.
19351 SECTION 15. Before any person, firm or corporation shall engage in the wholesale or
retail liquor business in the City of Fayetteville,an application shall be made to
the City Collector for the granting of a permit.
Said application shall contain sworn statement of the name of the business sought
to be licensed,the names and addresses of all of the persons owning or holding any
interest in said business, the ppoposed location of said business, the owner or owners
of the building or premises in which said store is to be located, and said applicant's
State license shall accompany said application.
Then the City Collector shall issue suchlicense after approval by the City Council
and upon the payment of the fees herein provided and then notify the Chief of Police
of the issuance of same.
SECTION 16. The City Council shall have the right to refuse to grant a permit to any
person or"to any firm or corporation in which a person or persons own an interest
where such person or persons have been convicted for violation of liquor and/ or
prohibition laws after passage of this ordinance and/or for crimes involving moral
turpitude.
SECTION 17. That it shall be unlawful for any person, firm or corporation having a
license to sell liquor to sell or offer for sale at retail any beer except in the
original container, said container not to be opened on the premises.
Any person, firm or corporation violating the provisions of this section shall be
deemed(guilty of a misdemeanor and upon conviction fined in any sum not less than
Fifty (50.00) Dollars nor more thanThree Hundred($300.00) Dollars,
SECTION 18. It shallbe unlawful for any person,'firm or corporation to sell liquor
in, containers of less than one-half pint or more than one gallon. Any person, firm or
corporation violating this section shall be deemed guilty of a misdemeanor add upon
conviction therefor shall be fined in any sum not less than Fifty ($50.00) Dollars nor
more than Two hundred ($200.00) Dollars.
SECTION 19. If any section or portion of a
be unconstitutional such adjudication shall
ity of the remainder of the ordinance*
section -of this Ordinance is adjudged to
not affect the validity and constitutional -
I^„ I SECTION 20. All ordinances and parts of ordinances in conflict'herelYNt are hereby
expressly repealed and this ordinance shall be given full force and effect over all
ordinances and parts of ordinances heretofore passed and apporved.
SECTION 21. Whereas, the State and National governments have repealed the previous
prohibition on the sale of intoxicating liquors,and licenses are now being issued for
the manufacture and sale of such liquors, it is necessary that the City immediately
talie such steps as will enable it in co-operation with other governmental agencies to
properly exercise its police power over the liquor traffic,an emergency is ,therefore
declared to exist and this ordinance is declared to be necessary for the immediate
preservation of the public peace,health and safety,and the same,therefore, shall be in
full force and effect from and after its passage and approval.
Passed and Approved this the 10th day of June 1935.
Approved: A D McAllister. Attest: Otoe Phillips City Clerk.
Published in the Fayetteville Daily Democrat June 12,1935.
Current Report of Annex No.l and East Street Improvement District No.l and Annex No.2
to East Street Improvement District No.One were presented. These reports were
accompanied by the prope�}' vouchers. Alderman �Lu/P moved that the reports be received
and filed. Alderman 9� mdi seconded the motion which carried unanimously. The Mayor
declared carried and the Clerk was instructed to file the papers of these two
Improvement Districts.
1 x.8&-
Appointm
S J Camp'
Comm'
Annex #1
Mt Nord:
robhse
1 of
a Ton
ilson M
r Co.
Police
Present:
v�•n.er• w
t:
0* communication was read from VJ E Graham, Commissioner Improvement District Annex No.]
to Mount Nord, asking that S J Campbell be appointed -to assist him in closing the
,pistrict named as he was the only Commissioner acting at the present time-, Alderman
,Ucker moved that S J Campbell be appointed to act with -Mr W E Graham as Commissione)
Tfie motion was seconded by Alderman Shook and carried unanimously.
The Street Committee handed in a report of bids on 1-z Ton Truck to be purchased, bids
made by the following concerns: Milson Motor Company, Abshier-Bryan Co., and Lewis
Chevrolet Company Alderman Sanders made a motion that the Street Committee meet
with the Board of Public Affairs. and purchase;:thertriuck'.: tT1Yis,1mot on was seconded by
Alderman Peal and received the unanimous vote of the Council. The Mayor declared
carried.
Report -of the Chief of Police for the month of May was.. read. Alderman
Sanders moved that the report be received and filed. The motion was seconded by
Alderman Bynum and was duly passed by the Council.
There being no further•business, Alderman Sanders moved to adjourn% The -motion was
seconded by Alderman Gregory which was unanimously passed by the Council, and the
Mayor declared the Council adjourned.
Attest: Approved:
City Clerk Mayor.
Fayetteville City Council met in regular seesion June 17th,1935.
Mayor A D McAllister, City Clerk Otoe Phillips, City Engineer E M Ratliff. Aldermen:
Bronson, Bynum, Carter Gregory, Sanders, Shook and Ucker. Absent:Alderman Peal.
Minutes of the regular.smeetinggJuneelOth-1 wereareadvarid approved.
Bills: The following bills were presented after their approval by the Auditing Committee:
Crescent Df+ug Store, .V*00;;Arkansas Municipal League, $25.00;Farmers Market $2.00;
Eastepp Grocery $6.00;Campbell Grocery $l0.00;Kern-Limerick Inc. $4.25; Ben Porter
$15.00;•A F Shumate $18.00; Cole's Cash Store $2.00; Alderman Brosnson moved that
the bills be allowed as approved and the Clerk .be instructed to issue warrants for
same upon the proper funds. Alderman Gregory seconded.the ryotion and same wasduly
passed by the Council.
Peinits were asked by the following firms for the erection of Electric signs at the
places noted:
Arkansas Ice & Cole Storage Co.Beer sign McAdams Bldg East Mtn Street.
Rowden Grocery,901 No College Ave.
Rogers Electric Co Electric Sign Moore's Gift .
Sho
aV--Brey?ex;,Electric�nft Ch
:E11 $oyce'tst31i,�ar..lour,-East'Younta-in-3t.
A1'derman,.Gregory.; oge,d that' the, permits=rbe Igranted, wQrk;,to .be ;d -one- iznder�supervisioi
rathon City Inspector. Alderman Bynum seconded this motion which carried unanimously.
1 Co,:- A letter was read from the Marathon Oil Company asking refund of money paid for
Curb Pumps on West Dixon street which they state do not serve the trade from the Curb
Aldermmmn Sanders moved that the Mayor appoint a Committee to investigate this matter
further. Alderman Gregory seconded this motion which carried unanim6usly, and the
Mayor appointed the -following Councilmen to act as that dommittee and report to. -the
Council at their. first opportunity"]Alderman.Gregory, Sanders and. Bronson.
A request was received from Steve Bates asking permission to cut Curb on Dickson St
Block 5 Lot 3 Original Town. Alderman Sanders moved that the permit be granted,work
to be done under supervision of City Engineer. Alderman Gregory seconded this motion
which received the unanimous vote ofithe Council.
L T Horn The Clerk reported that L T Horn, R F D #4 Springdale, Arkansas, wants to buy Tractor
wants to and Street sweeper from City of Fayetteville. Alderman Sanders moved that the matter
buy be referred to the Street Committee for pricing, terms etc. Alderman Bronson
,actor & seconded the motion which carried unanimously.
;t Sweeper: The subject of bills due by City of Fayetteville to Hewitt Rubber Corporation and
Eureka Fire Hose Division, also the matter of paying for the neti':Truck• was brought
to the attention of the Council. Alderman Bronson moved that this matter be
referred to the Financed Committee. The motion was seconded by Alderman Carter and
received the unanimous vote of the Council.
t
cense
duced:
w $15.
The matter of changing the present Parking Ordinance was brought up for discussion.
Alderman Sanders moved that the Ordinance Committee draw up.an Ordinance amending t
existing Ordinance covering Parking zone Alderman Ucker seconded this motion
and same received the unanimous vote of the Council.
Joe Bates of Bates Market appeared before the Council in interest of the Meat Market
asking that the license on Meat Markets be reduced from $25. to x'15. Alde?m an Sande
moved that this reduction be made. The motion was seconded by Alderman Shook and
carried unanimously. and the Mayor declared the Meat Market License reduced to $15,
per annum.
There being .no further business, Alderman Ucker moved to adjourn. The motion was
seconded by Ald n B nson, carried unanimously and the mayoe cla iY Counci
adjourned: oL Approved:
Attest: City C eri — ,a11111k.