HomeMy WebLinkAbout93-90 RESOLUTIONt 1
RESOLUTION NO. qq-q0
A RESOLUTION STAYING ENFORCEMENT OF CODE OF
ORDINANCES SECTION 3-16 OF THE FAYETTEVILLE
CITY CODE.
WHEREAS, Act 426 of 1989 deletes the prohibition of the
distribution of alcoholic beverages polling hours from A.C.A. § 3-
3-210 and;
WHEREAS, A.C.A. § 7-1-103(26) prohibits the distribution of
alcoholic beverages during polling hours and;
WHEREAS, Arkansas Attorney General's opinion 89-289 opines
that A.C.A. § 7-1-103(26) was repealed by implication by Act 426
of 1989 and;
WHEREAS, City Code of Ordinances Section 3-16 of the
Fayetteville City Code prohibits the distribution of alcoholic
within the City during a primary or general election.
WHEREAS, the law is unclear as whether City Code of
Ordinances Section 3-16 is in conflict with state law.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Manager is hereby directed to
instruct City officials including the Chief of Police and City
Prosecutor to stay the enforcement of City Code of Ordinances
Section 3-16 of the Fayetteville Code. pending clarification from
the courts on the validity of such ordinances and further action
by this Board.
PASSED AN]) APPROVED this 5th day of June
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APPROVED:
By: (.e Agpwe,1
Mayor
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1990.