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HomeMy WebLinkAboutOrdinance 5261 ORDINANCE NO. 5261 AN ORDINANCE TO AMEND §111.30 OF THE CODE OF FAYETTEVILLE RELATED TO CATERERS SERVING A LARGE MEETING OR ATTENDANCE FACILITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends §111.30 of the Fayetteville Code by enacting a new subsection (I) Satellite catering permit to serve large meeting or attendance facility as follows: "(I) Satellite catering permit to serve large meeting or attendance facility. Caterers with on-premises consumption — hotel, motel and restaurant permits authorized by subsection (E) may cater alcoholic beverages in the Fayetteville Town Center and other large meeting and attendance facilities as defined in A.C.A. §3-9-202 (8). "(1) Permit fee. There is hereby levied an annual permit fee for a satellite catering permit of $250.00. For any new permit issued between January I" and June 30"i, the permit fee shall be half of the above amount. "(2) Supplemental beverage tax." Satellite catering activities will 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). "(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 permittee in §111.30(E)." Page 2 Ordinance 5261 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends §111.30 (G) of the Fayetteville Code by repealing subsection (1) and (2) of section (G) and enacting replacement subsections (1) and (2) as follows: "(1) Permit fee. A permit fee of$250.00 is levied annually beginning on July 1, 2010. For any new permit issued between January 1st and June 30th (beginning in 2011), the permit fee shall be half of the above amount. "(2) May not cater alcoholic beverages to large attendance or meeting facility. Off- premises caterers as authorized by this section and A.C.A. §3-4-901-905 may not cater alcoholic beverages to the Town Center or other large attendance or meeting facilities. All sales are subject to sales and HMR taxes, but not to supplemental beverage taxes." PASSED and APPROVED this 0' day of August, 2009. APPRO ED: ATTEST: LI NELD OADAN, Mayor SONDRA E. SMITH, City ler /Treasurer c F G\jY �SG% ° 0F •;pF; ri •S1: FAYETTEVILLE• ZZ00 AGENDA REQUEST FOR: COUNCIL MEETING OF AUGUST 4, 2009 FROM: SHELLY TURBERVILLE, ACCOUNTING MANAGER and KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §111.30 Of The Code Of Fayetteville Related To Caterers Serving A Large Meeting Or Attendance Facility APPROVED FOR AGENDA: Mar ha Hertweck Date Accounting Director ul Shelly Tu •berville Date Accounting Mana er Kit Williams Date City Attorney C 1 '7- 13 21)09 Paul Becker Date Finance Director L(AA IL— 2 n Marr Date Chief of aff ►o eld Jord Bate Mayor FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: Paul Becker, Finance Director Marsha Hertweck, Accounting Director FROM: Kit Williams, City Attorney r' DATE: July 15, 2009 RE: Catering alcoholic beverages in the Town Center and other large meeting or attendance facilities The Fayetteville Town Center is a "large meeting and attendance facility" as defined by state law in A.C.A. §3-9-202 (attached). It has obtained an ABC permit as a "large meeting and attendance facility" so that caterers can serve alcoholic beverages at banquets and other events held in the Town Center. State law allows only satellite caterers (which must be hotel, motel, or restaurant on-premises permittees) to serve alcoholic beverages in a "large meeting and attendance facility." A.C.A. §3-9-202 (s)(B)(ii). To clarify this distinction between satellite caterers and off-premises caterers in our ordinance, I have redrafted a couple of sections in 111.30 Retail of the Alcoholic Beverages chapter of the Fayetteville Code. ORDINANCE NO. AN ORDINANCE TO AMEND §111.30 OF THE CODE OF FAYETTEVILLE RELATED TO CATERERS SERVING A LARGE MEETING OR ATTENDANCE FACILITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §111.30 of the Fayetteville Code by enacting a new subsection (I) Satellite catering permit to serve large meeting or attendance facility as follows: "(I) Satellite catering permit to serve large meeting or attendance facility. Caterers with on-premises consumption- hotel, motel and restaurant permits authorized by subsection (E) may cater alcoholic beverages in the Fayetteville Town Center and other large meeting and attendance facilities as defined in A.C.A. §3-9-202 (8). "(1) Permit fee. There is hereby levied an annual permit fee for a satellite catering permit of$250.00. For any new permit issued between January 1st and June 30th, the permit fee shall be half of the above amount. "(2) Supplemental beverage tax." Satellite catering activities will 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). "(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 permittee in §111.30(E)." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends §111.30 (G) of the Fayetteville Code by repealing subsection (1) and (2) of section (G) and enacting replacement subsections (1) and (2) as follows: "(1) Permit fee. A permit fee of$250.00 is levied annually beginning on July 1, 2010. For any new permit issued between January 1st and June 30th (beginning in 2011), the permit fee shall be half of the above amount. "(2) May not cater alcoholic beverages to large attendance or meeting facility. Off-premises caterers as authorized by this section and A.C.A. §3-4-901-905 may not cater alcoholic beverages to the Town Center or other large attendance or meeting facilities. All sales are subject to sales and HMR taxes, but not to supplemental beverage taxes." PASSED and APPROVED this 4th day of August, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AC BEVERAGES ALCOHOLIC BEVERAGES §:3-9-202 any Portion of the pubic arca, anus, vulva, or genitals or any simulation thereof, nor suffer m permit .illy female Lu appear on the promises in such manna• or attire as to expoac to view Lilly portion of her breast below the top of the areola m any simulation thereof. (b) Any hotel-nxal.cl-rasUuu•ant mixed drink permittee or private club permittee violating this section shall be subject.to the penalties prescriber) in H 3-9-201 3-9-214, 3-9-221 3-9-225, and 3-8-232—3-9-237 for the violation of those sections. (c) The Alcoholic Beverage Control Board shall pronmlgat:e such regulations as it deems neressary for the implementation of this section. Avis o/ 1985, Act J65, §a` 1. L. "tl Formerly A.A.A. 1947, 44 48-9:5fi, 48-957 e:rtr clubs. emill-e tot obtaining Historical and Statutory Notes ugtplena;ntal tax. Arkansas Code Revision Commission paned by the Arloutsas Codc Recision Commis- ,owls: private clubs. 'reelunicel change•,teere made in 2008 to conform Sion. aivate clubs. mitIt the ollieial Alumsas Code of 1987 as it))- collection; penalties. regulation... consequeocos. Sun:uarrr.a 2—Ai,conut.m I31•aa•:eams Gunt:¢a1.IA ")Lorna unlawful - 3-9-201. General Assembly findings; determinations lispesition. Cross References llrneral rovenue:; title HA',ce§ 19-11-2111. Sate on Sunday or early u'eelulay mora.los" see R-mdtias,eco -:1-10:3. § 8-3-2m1. nnrnts and qualifies § 3-9-202. Definitions As its(,(] in this suhchapter, unless th(%contest otherwise requires: l,1) "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency; (2) "Director" means the Director ol'the Alcoholic Beverage Control Division; (S) "Alcoholic beverages" means all intoxicating liquors o1any sort, other than beer mal ions. wine as described and regulal,od in §§ 3-5 301-3-5-307, and 3_9-301 et seq., rnspectivel.y; ion; appeals. (4) "Initialnd Act" means Initiated Act No. I of 1942, is amended, H :3-5-201-3-8-203 and :3-8-205--.3-8-209, which establishes the procedure for local option elections to prohibit the mutnul'xcture or sale of intoxicating liquor; (5) "Dry area" means any :arca in which the manurtaure or sale of intoxicating liquor is prohibited by it local option election heretofore or hereafter held pm:scant to that initiated Ael n•rmit, (i) "On-premises consumption' means eas the sale o1'alcoholic beverages by the drilik or in hrukcu or nnacnled cuntaiuers for consumption on the premises where sold; (7) "City" means any city ol'the first class or city of the so.eond class in this state; (8) "Resuulail C' means Lily public or plivatc place: (A)(i) Kept, used, maintained, advertised, and held out to the public or to it private or restlicb!d membership as it place where complete meals are served and where complete ;prmsion of license. nmnls are actually and reguho l,y served, without sleeping accommodaLions, such it place heiug provide(] with adequato and sanitary kitchen and dining equipment and it seating capacity, of at least fifty (50) people and having employed therein it sufficiont number and kind ill' employees to prepare, cool", and sear" suitable food fOr its 9UCSts ur memhets. (ii) At. Ieist one (1) meal per day shall be served, and the place shall tae Open a minimum of five (5) days per week, with die exception of holidays, vacations, and periods u1'redecorating{ or o1' Arkansan for the (I3)(i) Which qualifies as.it "lar to media or al tendeuue facilit ", which is defined, 'hall suffer or permit without. IimiLation as a facility lousing con cation "eaten uLivil.y, tuuusm ❑<1'.ivLt ]:rade nc I expose to View show and product display and related meeting activity, or any other simd a large :385 3-9-202 ALCOf10LIC 13GVEAZAGP•5 ALCOHOLIC mooting or nLLendanea uetivity and which( either i(sell' n1. ttnromgh one (I) n1. Mune Ir; independent contrilvtors complies with all of the I'ollosving: it (a) Acfu:dlc serves full ,wd complete meals and fond on (ho ill un(ises; allmn (6) Has one (1) fit more places I'or food seniee nn the premises with a .scaling CIl "11141.1 capacity I'or mol I'(wur Item I'M' hundred (500) people; motel, mom (c) Isntploys a 'lit'I'icieut number alul kind of omplopocs to solve meals and food on ;1lcrrlised. : tw premises capable of handling at least five hundred (fiU0) people; and (nnsnnrd m (1.) tierces alcoholic beverages fill the premises at one (I) or mores places only 111 aholdwr 11:11 d;1. I that: meals and food arc served at one (1) ul more places on the premise.. Ilio nlrrlimu rooms arith . 0Dill) Any nm-premises restaurant permiltec as licensed Itv § 3-9-5(12(8)1/U and enc (slut pecson> hotel or motel on-promises permittee ass licensed by � a-9-302(9) shall he alluwotl b� tion= :wd .It servo alcoholic beverages purchased under its permit at amp large moet.ing ul ;III(nd- 11. amce I;wilill' which is licensed under this suhdicision (811Ii). HoLol, motel, ;std 'hoI, I10 elat le"Laurant pumittets may suvc. alcoholic heves ages purchased under Lheir ])(ill s hotel operd only when they have first secwed written pcunnsion from the permtLtec of (he large (IlpteA)(n meeting or atLend:use facilih. Othonciso, alcoholic bevcragn svnice nl Iht hu;cm low. of Ihi> nweting or aU.endancv facility shall be Pruni imentury purchased Im Lha largo nweling Ihr 6rnofif Ili,etteudanro I'acili(y permiticc. tide repcnsr (h) W H(ten pormission shall out he granted I'or more t.hn( a five-dap period. The ;tl, Aovial. p: Alcoholic Bucorage Coutttd Dhisiuu shall be givoM a copy of ally ,[tell kknavn sional riser agreement. Aur ciohdions which occur while such permission is being used shall lir ronsmmphnn aelwiit the hotel, molal, or restaurant using such purwis,inn. till 'f c) Ane hn6el, motel, or restaurant that, servos its alcoholic beverages al, a lai;p, than 1( rnoeling ov attendance I'acilitc shall ash du so pmrsuanL to a saltllilt ant ming Prrtnil (lilt (o hr issued Ire lilt (lixisio) lire an annual I'or of Inc huuthrd dollars ($'�SUIq per lisrtd 1114 free. year u1. part tirvreol'. The ptrnut-shall he ;(pplicd for on forms as prescribed by Lha Ic:nc, b hoard. to Ica" (d) The ho:(rd Alall promulgate such regulalioms as it deems naec's,u,v Lo imple- ac(nmm mmnt aubdo inions a)-(c)of this suction: rink far (iii) When a large attendance. I'acilil.ies per(nil hits leen issued h( it goean(Mat(u- lilt hal owned facility located in a COLMLy that has a populat.iun of more. than one bumlr('d littly- ❑t"n(bet. five Lhuusaild (156.1100) according to Lha 2000 Lccderal Decennial Census, Arkm(sa.- beverage licensed heer wholeA toe s Ahsll he lillomed to p(o (u1. ads ert.(sing d(n(ccs used a(-the govrcmnu nt nwmerl facility. Such mk aisilig(Imes sha1) include itt m such as inside (('i I'm 1.n' outside signs, scoreboards, p)ograms, scmnee.u'ds, and the like. Irrovided, it such aIle hold,, advertising by the hoer mhulesaler results in the fmamatimn or existence of an exclusi e cal' m it imving wr)mgommillby the la(;ge attendance ILcilities pemnitte and the whnlcsalee Alill likmr Mho furnish(, such items, Lhvrt such an exclusive bu,vimg errangtruent mill he a I I I I "Refi violation of the large attendtux•e facilities permit ;md the wholesale herr permit which Ihr I 000ked cern if Lilt arrungoments>u'e caused by third parliev. To tho exienl flmL P- herein, tilt 5-21-1 or env other law could he inlorprotud to preclude such advertising nrrangumuut> oily to room allom'd in this.a(bdivisinn (N)(R)(iii), trey are held inapplicable: nc11 MIA en (i\)(a) When it Ia(;ge attendance faciliLics permit has been isAued to it fnrility oeened LI!) "hi or operated by the owner of a Inniessimoal sports team I'runchistcl by Minor Leape I1:l) "Red Itaay.hall and within it connly that has it popnlatiou n1'more than one hundred til'ty-Tice Iin(itt'd liahi thousand (15-000) according to the 2000 Federal Decennial ('ensu', the operator of (o the publt U(o facility' mac accept sponsorship funds, mhrrtising ituma, or promol.iunal Rents from operated ha licensed liver wholesalers. Protmo6onal items shall include iten(s used hp the facility mvucr line to prnmofc alt en(Iance. mile)" un rt (h) However, if the nsu of sponsorship funds, advertising items, or promotional :ill, of VM11.: items by the hear wholesalor results in the format-ion ul existonce of an exclusive Af I .,'.1;. l: f; . huviug arrangement-by lht large attendanra facilities permiltec anti lilt, mholesalrr A1.l., ul 09." mho furnislws (ht sponsorship funds, arlcertisiog iLoms, ul promotional item.,, then :Irl.. ul.nran. . the exclusive huviug arrangement will he ;t violation of the large aW Ildimer fla-ilii icx :Lis uj.un.f, permit and tow mhnlesaler's wholesale hoer permit eras it the arrangements arc :1 0., nj 11105, . caused by third parties. PorwerIp :I atilt