HomeMy WebLinkAboutORDINANCE 6029113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6029
File Number: 2017-0751
AMEND § 97.081 INTOXICATING BEVERAGES:
AN ORDINANCE TO AMEND § 97.081 INTOXICATING BEVERAGES IN CHAPTER 97: PARKS
AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW THE MAYOR OR THE
MAYOR'S DESIGNEE TO AUTHORIZE THE CONSUMPTION, POSSESSION AND SALE OF
ALCOHOLIC BEVERAGES IN CITY PARKS DURING SPECIAL EVENTS
WHEREAS, § 97.081 of the Fayetteville City Code currently prevents the possession and consumption
of alcoholic beverages within city parks, except that the Botanical Garden Society of the Ozarks may
allow alcoholic beverages to be served on the premises they have leased within the Lake Fayetteville
park area; and
WHEREAS, special events increase the economic and social potential of the city, and the City
recognizes that the possession, sale and consumption of alcoholic beverages is inherent to the viability
of certain events; and
WHEREAS, the City desires to ensure the success of the many diverse special events held in the City,
including those that are held or could be held in city parks, and permitting the limited and temporary
consumption, possession and sale of alcohol at certain special events will further that objective; and
WHEREAS, the City will continue to consider the safety of park visitors and event participants as its
highest priority and will require permit holders to provide all necessary measures to ensure the safety of
all park visitors and event participants, including complying with all City of Fayetteville ordinances and
rules and regulations of the Arkansas Alcoholic Beverage Control Division.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 113118
Ordinance: 6029
File Number 2017-0751
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.081
Intoxicating Beverages in Chapter 97: Parks and Recreation by repealing subsection (B) and enacting a new
subsection (B) as follows:
"(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on the premises
they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other
special events as long as they fully comply with all Alcoholic Beverage Control requirements.
(2) The Mayor or the Mayor's designee may issue a permit allowing the temporary possession, sale and
consumption of alcoholic beverages in City parks for special events as long as the event sponsors
fully comply with all Alcoholic Beverage Control requirements. The permit may include any conditions
necessary to ensure public safety and the protection of City property."
PASSED and APPROVED on 1/2/2018
A nnrnwpd
Attest:
Sondra E. Smith, City Clerk Treast �K;f � �Z10
Page 2 Printed on 113118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
�:. Text File
File Number: 2017-0751
Agenda Date: 1/2/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 9
AMEND § 97.081 INTOXICATING BEVERAGES:
AN ORDINANCE TO AMEND § 97.081 INTOXICATING BEVERAGES IN CHAPTER 97: PARKS
AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW THE MAYOR OR THE
MAYOR'S DESIGNEE TO AUTHORIZE THE CONSUMPTION, POSSESSION AND SALE OF
ALCOHOLIC BEVERAGES IN CITY PARKS DURING SPECIAL EVENTS
WHEREAS, § 97.081 of the Fayetteville City Code currently prevents the possession and consumption of
alcoholic beverages within city parks, except that the Botanical Garden Society of the Ozarks may allow
alcoholic beverages to be served on the premises they have leased within the Lake Fayetteville park area; and
WHEREAS, special events increase the economic and social potential of the city, and the City recognizes that
the possession, sale and consumption of alcoholic beverages is inherent to the viability of certain events; and
WHEREAS, the City desires to ensure the success of the many diverse special events held in the City,
including those that are held or could be held in city parks, and permitting the limited and temporary
consumption, possession and sale of alcohol at certain special events will further that objective; and
WHEREAS, the City will continue to consider the safety of park visitors and event participants as its highest
priority and will require permit holders to provide all necessary measures to ensure the safety of all park visitors
and event participants, including complying with all City of Fayetteville ordinances and rules and regulations of
the Arkansas Alcoholic Beverage Control Division.
NOW, THEREFORE, 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 § 97.081 Intoxicating
Beverages in Chapter 97: Parks and Recreation by repealing subsection (B) and enacting a new subsection
(B) as follows:
"(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on the premises
they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special
events as long as they fully comply with all Alcoholic Beverage Control requirements.
City of Fayetteville, Arkansas Page 1 Printed on 11312018
File Number: 2017-0751
(2) The Mayor or the Mayor's designee may issue a permit allowing the temporary possession, sale and
consumption of alcoholic beverages in City parks for special events as long as the event sponsors fully comply
with all Alcoholic Beverage Control requirements. The permit may include any conditions necessary to ensure
public safety and the protection of City property."
City of Fayetteville, Arkansas Page 2 Printed on 1/3/2018
John Crow
Submitted By
City of Fayetteville Staff Review Form
2017-0751
Legistar File ID
1/2/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/14/2017
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
Staff recommends City Council approval to amend § 97.081 Intoxicating Beverages to allow the Mayor or the
Mayor's designee to issue permits allowing the temporary possession, sale and consumption of alcoholic
beverages in City parks for special events.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution # 97.081
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 2, 2018
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: John Crow, Recreation Superintendent
DATE: December 12, 2017
SUBJECT: Amendment to § 97.081 Intoxicating Beverages to allow alcohol in the
parks for special events
RECOMMENDATION:
Staff recommends City Council approval to amend § 97.081 Intoxicating Beverages to allow the
Mayor or the Mayor's designee to issue permits allowing the temporary possession, sale and
consumption of alcoholic beverages in City parks for special events.
BACKGROUND:
The Parks and Recreation Department was recently approached by The Homegrown Music and
Sports Festival regarding moving the event to the Kessler Mountain Regional Park. Beer and
wine sales are a vital component to the success of this event. At this time, however, city
ordinance prohibits alcoholic beverages in City parks with the exception of the Botanical Garden
Society of the Ozarks where it is allowable to serve alcoholic beverages on the premises they
lease from the City in the Lake Fayetteville area for special events and weddings. Staff had
originally proposed for City Council to approve a one-time waiver to the prohibition of alcoholic
beverages in the parks for the Homegrown Festival. After discussion and advisement from the
City Attorney, staff is proposing an amendment to the § 97.081 that would allow the Mayor or
his designee to issue permits to approved special events to allow the temporary possession,
sale and consumption of alcoholic beverages in City parks.
Staff has done extensive research into practices and ordinances of other municipalities in
Arkansas and some out of state. The City of Little Rock allows alcoholic beverages in the parks
except for those with "Little League" or youth sports taking place. The City of North Little Rock
prohibits alcoholic beverages in city parks unless authorized by the parks and recreation
commission which is done on a case by case basis. The City of Fort Smith allows alcoholic
beverages in specifically named parks by permit only which is approved by the chief of police.
Boulder, Colorado and Boise, Idaho have similar policies, naming the specific parks that
alcoholic beverages are permitted for approved special events. Lawrence, Kansas allows
alcoholic beverages in the parks only during approved events and only by permit approved and
issued by the Parks and Recreation Department.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Parks and Recreation staff have discussed, for quite some time now, the potential benefit of
selling or serving alcoholic beverages at various special events held in City parks. Participants
have given feedback of their desire to have it at the Race Series events. Revenue impacts can
be significant through sponsorships and sales. The overall experience for the participant can be
enhanced with the addition of alcoholic beverages for many events held in City parks. Staff has
also recognized that the sale, possession, or consumption of alcoholic beverages is vital to the
success of certain special events.
Staff is not only committed to providing the best overall experience to attendees or participants
of events in City parks, we also consider safety the highest priority. City staff will ensure that
any special events proposing to sell, provide, or allow alcoholic beverages taking place in City
parks must comply with all City of Fayetteville policies and ordinances, as well as requirements
of the Arkansas Alcoholic Beverage Control Division. Appropriate conduct of participants or
attendees of the events will still be expected as it is now. They must also comply with any
conditions necessary to ensure public safety and the protection of City property. City staff will
require a comprehensive risk management plan from those requesting a permit that will include
a security plan, a safety plan, and an identification process that will ensure only those legally
allowed to consume alcoholic beverages do so at their event. Any special event requesting the
possession, sale or consumptions of alcoholic beverages in the park will also be required to
complete the City-wide Event Permit, ensuring that the police, fire and transportation
departments will review the application with the Mayor's office as the final approver.
The Parks and Recreation Advisory Board called a special meeting on December 13, 2017 to
review and discuss the proposed amendments to this ordinance. They unanimously voted 7-0 in
recommending to City Council to approve amending § 97.081 Intoxicating Beverages to allow
for the Mayor or the Mayor's designee to issue permits allowing the temporary possession, sale
and consumption of alcoholic beverages in City parks for special events.
BUDGET/STAFF IMPACT:
Budget impact would be the permit fees required for the special events. Some of the special
events may impact HMR tax revenues.
Attachments:
Parks and Recreation Advisory Board Meeting Minutes December 13, 2017
Ordinance amending § 97.081 Intoxicating Beverages
CITY OF
FAYETTEVILLE MEETING MINUTES
WIT" ARKANSAS
Parks and Recreation Advisory Board
Special Meeting on December 13, 2017
5:30 pm
City Administration Building Room 326
113 West Mountain Street
Members: Richie Lamb, chair; Phillip McKnight, co-chair Wade Colwell; JL Jennings, Chuck
Maxwell, Kyle McHan, David Profitt, Bill Putman, Dana Smith
City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; John
Crow, Recreation Superintendent; Ted Jack, Planning Superintendent, Ken Eastin, Park
Planner, Chanel Pennington, Operations Assistant
1. Call to Order: Richie Lamb called the meeting to order at 5:30 pm.
2. In Attendance: Lamb, McKnight, Colwell, Jennings, Maxwell, Putman, and Smith.
Absent: Proffitt and McHan.
Staff: Edmonston, Humphry, Crow, Jack, Eastin, and Pennington.
3. Ordinance to amend Chapter 97.081 Intoxicating Beverages in the Parks and
Recreation Code to allow the Mayor or designee to authorize the consumption,
possession and sale of alcoholic beverages in City Parks during special events —
Connie Edmonston, Parks and Recreation Director
Edmonston recalled the Homegrown Festival proposal at the December 4th Parks and
Recreation Advisory Board meeting regarding the request to allow alcohol at this event.
PRAB approved the festival and to allow alcohol to be served which would be an
amendment to the current City Ordinance for this event. After discussions with the City
Attorney, it was determined is would be the best interest to request an amendment to the
alcohol ordinance instead of a one-time waiver of the ordinance. Parks Staff has been
considering to allow alcohol at special events such as their Race Series and other possible
fund raising events for parks. She noted the following points:
a. The Mayor or his designee may issue permits allowing the temporary
possession, sale and consumption of alcoholic beverages in City park for special
events if the event sponsors fully comply with all Alcoholic Beverage Control
requirements.
b. This is not a day to day grantee, this is only for special events and organizers
must abide by the Alcoholic Beverage and Control requirements and the City of
Fayetteville requirements outlined in the City Special Event Permit and the Parks
and Recreation Special Event Permit.
c. The well-being of the parks and patrons are always the priority.
Crow presented staff research, he discussed the following:
a. In North Little Rock, it is unlawful to provide alcohol unless you have a special
permit from the Parks Commission, which are granted on a case by case basis.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
b. In Little Rock, alcohol consumption is allowed in parks but is not permitted near
youth sports.
c. Fort Smith has prohibited alcohol in the parks with exception to large venues for
special events.
d. Boise, ID will only allow beer and wine by permit only. A temporary permit is
granted on a case by case basis for special events in certain parks.
e. Boulder, Co permits alcohol by permit in certain parks only.
f. Lawrence, KS will only allow alcohol during approved events at Parks and
Recreation facilities that are operated by the department or a sponsor. These are
granted on a case by case basis and must follow ABC requirements.
Jennings asked if there will be a criteria process for granting the permits.
Edmonston replied yes, they will have a special form to complete and will have to go
through the city permitting process as well that involves the Police, Fire, Transportation,
Traffic and Parking.
Colwell noted he had concern of the Mayor, or one person being able to approve or deny
the permits.
Maxwell asked about the size of the events.
Edmonston approval will depends on where they would like to hold the event and if the
facility at the park can accommodate the event. They will need to a have security and a
risk management plan in place.
Putman asked if there would be fees associated with the permits.
Edmonston replied yes, due to the staff time it will take with the review process.
Maxwell asked if other cities allow alcohol during city programs.
Crow said he did not recall it being allowed during programs. It would only be allowed
during approved special events.
McKnight expressed his encouragement if it goes through the proper safety precautions
and vetting process.
Lamb said the thinks it is appropriate that the Mayor, or his designee, could approve the
events. He noted that this is a starting point to test the waters, on a case by case basis,
and see what will work and what will not work. Future amendments may be needed in
the future.
PRAB Motion: Lamb made a motion to accept staff recommendation and approve
the amendment to the alcoholic ordinance as stated. McKnight seconded the
motion, Motion passed, 7-0-0.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 97.081 INTOXICATING BEVERAGES IN CHAPTER 97:
PARKS AND RECREATION OF THE FAYETTEVILLE CODE TO ALLOW THE MAYOR
OR THE MAYOR'S DESIGNEE TO AUTHORIZE THE CONSUMPTION, POSSESSION
AND SALE OF ALCOHOLIC BEVERAGES IN CITY PARKS DURING SPECIAL EVENTS
WHEREAS, § 97.081 of the Fayetteville City Code currently prevents the possession and
consumption of alcoholic beverages within city parks, except that the Botanical Garden Society of
the Ozarks may allow alcoholic beverages to be served on the premises they have leased within
the Lake Fayetteville park area; and
WHEREAS, special events increase the economic and social potential of the city, and the City
recognizes that the possession, sale and consumption of alcoholic beverages is inherent to the
viability of certain events; and
WHEREAS, the City desires to ensure the success of the many diverse special events held in the
City, including those that are held or could be held in city parks, and permitting the limited and
temporary consumption, possession and sale of alcohol at certain special events will further that
objective; and
WHEREAS, the City will continue to consider the safety of park visitors and event participants
as its highest priority and will require permit holders to provide all necessary measures to ensure
the safety of all park visitors and event participants, including complying with all City of
Fayetteville ordinances and rules and regulations of the Arkansas Alcoholic Beverage Control
Division.
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 § 97.081
Intoxicating Beverages by repealing subsection (B) and enacting a new subsection (B) as follows:
"(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society of the Ozarks may allow alcoholic beverages to be
served on the premises they have leased within the Lake Fayetteville park area for
fundraisers, wedding receptions and other special events as long as they fully
comply with all Alcoholic Beverage Control requirements.
(2) The Mayor or the Mayor's designee may issue a permit allowing the temporary
possession, sale and consumption of alcoholic beverages in City parks for special
events as long as the event sponsors fully comply with all Alcoholic Beverage
Control requirements. The permit may include any conditions necessary to ensure
public safety and the protection of City property."
PASSED and APPROVED this day of January, 2018.
APPROVED: ATTEST:
LOW
LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6029
Was inserted in the Regular Edition on:
January 11, 2018
Publication Charges: $ 165.10
Cathy Wiles
Subscribed and sworn to before me
This day of , 2018.
A@0
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
� OgF8o0tP$id988i?y<�,
�� a CAG rotary PublicAG
m 'P,
RECEIVED
FGu Ord' an 9
File Number: 2017-0751
CITY OF fAlk `f�197A -1 INTOXICATING
CITY C &1(IIt��:E
AN ORDINANCE TO AMEND § 97.081
INTOXICATING BEVERAGES IN
CHAPTER 97: PARKS AND
RECREATION OF THE FAYETTEVILLE
CODE TO ALLOW THE MAYOR OR
THE MAYOR'S DESIGNEE TO
AUTHORIZE THE CONSUMPTION,
POSSESSION AND SALE OF
ALCOHOLIC BEVERAGES IN CITY
PARKS DURING SPECIAL EVENTS
WHEREAS, § 97.081 of the Fayetteville
City Code currently prevents the possession
and consumption of alcoholic beverages
within city parks, except that the Botanical
Garden Society of the Ozarks may allow
alcoholic beverages to be served on the
premises they have leased within the Lake
Fayetteville park area; and
WHEREAS, special events increase the
economic and social potential of the city,
and the City recognizes that the possession,
sale and consumption of alcoholic
beverages is inherent to the viability of
certain events; and
WHEREAS, the City desires to ensure the
success of the many diverse special events
held in the City, including those that are
held or could be held in city parks, and
permitting the limited and temporary
consumption, possession and sale of alcohol
at certain special events will further that
objective; and
WHEREAS, the City will continue to
consider the safety of park visitors and
event participants as its highest priority and
will require permit holders to provide all
necessary measures to ensure the safety of
all park visitors and event participants,
including complying with all City of
Fayetteville ordinances and rules and
regulations of the Arkansas Alcoholic
Beverage Control Division.
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 §
97.081 Intoxicating Beverages in Chapter
97: Parks and Recreation by repealing
subsection (B) and enacting a new
subsection (B) as follows:
"(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society
of the Ozarks may allow alcoholic
beverages to be served on the premises they
have leased within the Lake Fayetteville
park area for fundraisers, wedding
receptions and other special events as long
as they fully comply with all Alcoholic
Beverage Control requirements.
(2) The Mayor or the Mayor's
designee may issue a permit allowing the
temporary possession, sale and
consumption of alcoholic beverages in City
parks for special events as long as the event
sponsors fully comply with all Alcoholic
Beverage Control requirements. The permit
may include any conditions necessary to
ensure public safety and the protection of
City property."
PASSED and APPROVED on 1/2/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74393724 Jan. 11.2018
�
My Commission Expires:
.�
anoeW®
Q0S
""%tEco�Pu89086
RECEIVED
FGu Ord' an 9
File Number: 2017-0751
CITY OF fAlk `f�197A -1 INTOXICATING
CITY C &1(IIt��:E
AN ORDINANCE TO AMEND § 97.081
INTOXICATING BEVERAGES IN
CHAPTER 97: PARKS AND
RECREATION OF THE FAYETTEVILLE
CODE TO ALLOW THE MAYOR OR
THE MAYOR'S DESIGNEE TO
AUTHORIZE THE CONSUMPTION,
POSSESSION AND SALE OF
ALCOHOLIC BEVERAGES IN CITY
PARKS DURING SPECIAL EVENTS
WHEREAS, § 97.081 of the Fayetteville
City Code currently prevents the possession
and consumption of alcoholic beverages
within city parks, except that the Botanical
Garden Society of the Ozarks may allow
alcoholic beverages to be served on the
premises they have leased within the Lake
Fayetteville park area; and
WHEREAS, special events increase the
economic and social potential of the city,
and the City recognizes that the possession,
sale and consumption of alcoholic
beverages is inherent to the viability of
certain events; and
WHEREAS, the City desires to ensure the
success of the many diverse special events
held in the City, including those that are
held or could be held in city parks, and
permitting the limited and temporary
consumption, possession and sale of alcohol
at certain special events will further that
objective; and
WHEREAS, the City will continue to
consider the safety of park visitors and
event participants as its highest priority and
will require permit holders to provide all
necessary measures to ensure the safety of
all park visitors and event participants,
including complying with all City of
Fayetteville ordinances and rules and
regulations of the Arkansas Alcoholic
Beverage Control Division.
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 §
97.081 Intoxicating Beverages in Chapter
97: Parks and Recreation by repealing
subsection (B) and enacting a new
subsection (B) as follows:
"(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society
of the Ozarks may allow alcoholic
beverages to be served on the premises they
have leased within the Lake Fayetteville
park area for fundraisers, wedding
receptions and other special events as long
as they fully comply with all Alcoholic
Beverage Control requirements.
(2) The Mayor or the Mayor's
designee may issue a permit allowing the
temporary possession, sale and
consumption of alcoholic beverages in City
parks for special events as long as the event
sponsors fully comply with all Alcoholic
Beverage Control requirements. The permit
may include any conditions necessary to
ensure public safety and the protection of
City property."
PASSED and APPROVED on 1/2/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74393724 Jan. 11.2018
