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Home My WebLink AboutOrdinance 5253 ORDINANCE NO. 5253 AN ORDINANCE TO AMEND §111.30 RETAIL OF CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE TO ENACT A NEW SUBSECTION (H)RESTA URANT BEER AND WINE PERMIT WHEREAS, Act 294 of 2009 created a new Restaurant Beer and Wine Permit. NOW, THEREFORE 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 Retail of the Fayetteville Code by enacting a new subsection (H) Restaurant Beer and Wine Permit as follows: "(H) Restaurant Beer and Wine Permit. "Authorizes a restaurant which has a valid state Restaurant Beer and Wine Permit to obtain a City of Fayetteville Restaurant Beer and Wine Permit for the retail sale of beer and wine pursuant to A.C.A. §3-9-301 and §3-4-1001, at seq. "(1)Permit fee. There is hereby levied an annual permit fee beginning July 1, 2010, of the same amounts and computed in the same manner as the annual fees for retail beer and light wine ofd premises and on- premises permits in subsections(B)and(C) of this section. "(2)Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the s ySr r vrvr Retail beer and light wine on premises permit of subsectiW.�T��/,,�Pe PASSED and APPROVED this 21St day of July, 2009, o a�r o FAYETTEV!LLE a APPROVED: ATTEST: v m a 4DABy: By:I EMayor SONDRA E. SMITH, City Clerk/Treasurer AGENDA REQUEST FOR: COUNCIL MEETING OF JULY 215 2009 FROM: SHELLY TURBERVILLE, ACCOUNTING MANAGER and KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §111.30 Retail Of Chapter 111 Alcoholic Beverages Of The Fayetteville Code To Enact A New Subsection (H) Restaurant Beer And Wine Permit APPROVED FOR AGENDA: r -7/1 0 Shelly Tu berville Date �- Accounting Manager ( L LA-�� Kit Williams Date City Attorney 7- 1- Paul -Paul Becker Date Finance Director Don M rr Date Chief of aff Wig q0 i veld Jo a 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 FROM: Kit Williams, City Attorney DATE: July 1, 2009 RE: Restaurant Beer and Wine Permit, A.C.A. §34-1001 As I explained in my June 30, 2009 memo, I concur in the Police Department's recommendation that we establish a city Restaurant Beer and Wine Permit'to ,comply with Act 294 and A.C.A. §3-4-1001's creation of this new permit- The permit fee cannot be charged until July 1, 2010, but nonnal taxation of alcoholic beverage sales should continue even if sold under this new permit. Attached is the new proposed ordinance to enact a new subsection (H) Restaurant Beer and Wine Permit in our Alcoholic Beverage chapter of the Fayetteville Code. Also attached is a copy of the new state law (Section 1.1 of Act 294) establishing this new permit. ORDINANCE NO. AN ORDINANCE TO AMEND §111.30 RETAIL OF CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE TO ENACT A NEW SUBSECTION(H)RESTAURANT BEER AND WINE PERMIT WHEREAS,Act 294 of 2009 created a new Restaurant Beer and Wine Permit. NOW, THEREFORE 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 Retail of the Fayetteville Code by enacting a new subsection (H) Restaurant Beer and Wine Permit as follows: "(H) Restaurant Beer and Wine Permit. "Authorizes a restaurant which has a valid state Restaurant Beer and Wine Permit to obtain a City of Fayetteville Restaurant Beer and Wine Permit for the retail sale of beer and wine pursuant to A.C.A. §3-9-301 and §34-1001, et seq. "(1) Permit fee. There is hereby levied an annual permit fee beginning July 1,2010,of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises and on-premises permits in subsections(B)and(C)of this section. "(2) Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the Retail beer and light wine on premises permit of subsection(C)." PASSED and APPROVED this 2151 day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer ARKANSAS 2009 ACTS Act 294 1 each aad-ever-T year. 2 3 SECTION 9. Arkansas Code § 3-4-706(c)(3)(A), concerning the permit fee 4 for military service clubs, is amended to read as follows: 5 (c)(3)(A) The annual fee for each sue# military service club 6 mixed drink permit shall be seven hundred fifty 7 dollars ($750). and ^••-',,,.�-es)the annual fee shall be due and collected in 8 the same manner as all other permit fees collected by the division. 9 10 SECTION 10. Arkansas Code § 3-4-902(b), concerning off-premises 11 caterer's permits, is amended to read as follows: 12 (b) The annual fee for a an off-premises caterer's permit shall be tws 13 five hundred dollars ($500), and iE the off-premises 14 caterer's permit shall be renewed on an annual basis. 15 SECTION 11. Arkansas Code 'title 3, Chapter 4 is amended to add a new 17 subchapter as follows: - 18 Subchapter 10. Restaurant Beer and Wine. Permit. 19 20 3=44_1001. Creation - Issuance - Expiration. 21 (a)Q) In addition to all other existing alcoholic beverage permits 22 authorized to be issued by the Alcoholic Beverage Control Division for the we 23 retail sale of alcoholic beverages, there is hereby created a restaurant beer 24 and wine..permit, which„authorizes the sale of light beer, and wine as defined 25 in § 3-9-301(2) at restaurants as defined in § 3-9-301(4). 26 (2) The restaurant beer and wine permit is not subject to any 27 guota restrictions. 28 b The permit may be issued by the Alcoholic Beverage Control 29 Division to a qualified 2grson. 7 30 c Each restaurant beer and wine permit shall be issued annually far 31 a fee of three hundred and fift dollars 350 and shall expire on June 30 32 of each year. 33 34 3-4-1002. Rules. 35 The Alcoholic Beverage Control Division may ,adopt rules,'to carry out 36 this subcha ter to establish appropriate a lication forms permit forms r. 203' 1 and Procedures, and to do all other this s necessar to im lement this 2 subchapter. >, 3 rows P+ City Ordinance 111 Recommendations for Changes and Additions Recommended Changes Recommended Change#1: In Retail beer and light wine on-premises permit Hours of Operation p. 9,redefine hours of operation language and remove "on Sunday". (State law p. 2 now affords, "A person that holds a permit that allows the on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight".) Recommended Change #2: In On-premises consumption-Hotel, motel or restaurant permit Hours of Operation p. 10, remove "on any Sunday", and remove "unless that establishment has a valid Sunday Sales permit issued by the ABC. If an establishment has a valid Sunday Sales permit, its hours of operation on Sunday shall be governed by state law(A.C.A$3-9-215)". (State law p. 2 now affords, "A person that holds a permit that allows the on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight".) Recommended Additions [:Recommended Addition#1: Creation of Restaurant Beer and Wine Permit to match new rmit in state law(State law p. 9 creates state restaurant beer and wine permit). Recommended Addition 42: Create off-premises caterer's permit to match the state off- premises caterer's permit. (This was a concern prior to this new state law in that the city's satellite caterer's permit language does not match the caterers'permits that have been issued by the state to several caterers operating in Fayetteville) Recommended Addition#3: Consider adding additional hours of operation on Sundays that fall on New Year's Eve 10:00 a.m. to 2:00 a.m. (to match state law p. 15, extended hours on December 31 st falling on Sunday)