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Home My WebLink AboutORDINANCE 6053113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6053 File Number: 2018-0151 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 11 ALCOHOLIC BEVERAGES WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state 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 repeals § 111.04(A) of Chapter 111, Alcoholic Beverages and enacts a new § 111.04(A) as follows: "(A) Application requirements. (1) Application for a private club permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by a copy of the applicant's state private club permit application. If approved by the City Council, a copy of the ordinance shall be provided to the applicant to submit with the applicant's Arkansas Alcoholic Beverage Control permit application. The applicant shall then provide a copy of the state permit to the city and pay all required fees before a city permit will be issued. (2) Application for any other permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by the required fee and a copy of the applicant's state permit. No city permit will be issued until applicant has received a state permit. Page 1 Printed on 3121118 Ordinance: 6053 F' r' 1 8-015i PASSED and APPROVED on 3/20/2018 Approved: Lioneld Jordan, Attest: Sondra E. Smith, City Clerk Treasurer ttt1+trttrr *�tt err � w w • a ok rta;1 11Yf_-1 f EViLI_E ; a F✓�'t t' A 14 � • ��M,yti� Ery Page 2 Printed on 3121116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0151 Agenda Date: 3/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 AMEND § 111.04 APPLICATION FOR PERMITS: AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 11 ALCOHOLIC BEVERAGES WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state 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 repeals §111.04(A) of Chapter 111, Alcoholic Beverages and enacts a new § 111.04(A) as follows: "(A) Application requirements. (1) Application for a private club permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by a copy of the applicant's state private club permit application. If approved by the City Council, a copy of the ordinance shall be provided to the applicant to submit with the applicant's Arkansas Alcoholic Beverage Control permit application. The applicant shall then provide a copy of the state permit to the city and pay all required fees before a city permit will be issued. (2) Application for any other permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by the required fee and a copy of the applicant's state permit. No city permit will be issued until applicant has received a state permit. City of Fayetteville, Arkansas Page 1 Printed on 3/21/2018 Blake Pennington Submitted By City of Fayetteville Staff Review Form 2018-0151 Legistar File ID 3/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/9/2018 CITY ATTORNEY (021) Submitted Date Division / Department Action Recommendation: Amend § 111.04 Application for Permits in Chapter 11 Alcoholic Beverages to differentiate between the process for approval of private club permits and all other types of alcoholic beverage permits. This is required because of changes to state law resulting from the passage of Act 1112 of 2017. 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 $ V20180209 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorn Q4.�,� DATE: March 2, 2018 Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal RE: Amendment of §111.04 for Private Club Permit Applications In the spring of 2017, the General Assembly passed Act 1112, which amended the procedure in Ark. Code Ann. § 3-9-222 for applicants seeking private club permits after August 1, 2017. The new procedure requires the application to be approved by the City Council, by the passage of an ordinance, before the applicant can submit it to the Alcoholic Beverage Control Division for state approval. Our residents and potential private club owners would benefit from an amendment to Chapter 111 of the City Code, which governs alcoholic beverage permits, that clarifies the procedure for private club permits in light of the new state requirement versus other types of alcoholic beverage permits. The Administration has created an online form for private club permit applicants to use. This online form will help streamline the process by requiring the applicant to submit all the required information and documentation electronically, which will allow the staff to review and comment and then prepare an agenda item for the City Council. The new online form can be seen at haV www.:Fa ettevillG-a i9. ov 3360 P.rivate- Club-Application ORDINANCE NO. AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS 1N CHAPTER 11 ALCOHOLIC BEVERAGES WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state Alcoholic Beverage Control Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 111.04(A) of Chapter 111, Alcoholic Beverages and enacts a new § 111.04(A) as follows: "(A) Application requirements. (1) Application for a private club permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by a copy of the applicant's state private club permit application. If approved by the City Council, a copy of the ordinance shall be provided to the applicant to submit with the applicant's Arkansas Alcoholic Beverage Control permit application. The applicant shall then provide a copy of the state permit to the city and pay all required fees before a city permit will be issued. (2) Application for any other permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by the required fee and a copy of the applicant's state permit. No city permit will be issued until applicant has received a state permit. PASSED and APPROVED this 20th day of March, 2018. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer RECEIVED NORTHWEST ARKANSAS APR _ 3 2018 CITY OF 1AYET1" CITY CLERKS "her 18-0151 Dr eMoCt a AMEND § I 11.0.1 APPLICATION FOR PERMITS AN ORDINANCE TO AMEND § 111.04 �X FA'ir-" 'r APPLICATION FOR PERMrrs IN C1 IAPTER 11 ALCOHOLIC BEVERAGES WHEREAS, Act 1112 ol`2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 flor private AFFIDAVIT OF PUBLICATION clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a pannit to operate as a I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the private club" before the applicant can submit the application to the state Alcoholic Northwest Arkansas Democrat-Gazette, and published in Bcvcrage Control Division. printed NOW, THEREFORE, BE IT ORDAINED Washington County and Benton County, Arkansas, and of bona fide BY THE CITY COUNCIL OF THE CITY circulation, that from my own personal knowledge and reference OF FAYETTEVILLE, ARKANSAS: Section 1. That [lie City Council of the City to the files of said publication, the advertisement of: of Fayetteville, Arkansas hereby repeals § 111.04(A) ofI 11, Alcoholic Beverages and enacts a new § 111.04(A) as follows: CITY OF FAYETTEVILLE "(A) Application requirements. Ord. 6053 (1) Application fora private club permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by a copy of the applicant's state private club permit Was inserted in the Regular Edition on: application. If approved by the City Council, a copy of the ordinance shall be provided to the applicant to submit with the applicant's Arkansas Alcoholic Beverage March 29, 2018 Control permit application. The applicant shall then provide a copy of the state permit to the city and pay all required fees before a Publication Charges: $ 105.30 ity permit will be issued. (c2) Application for an other permit required by this chapter shall be in writing on a form prescribed by the city and shall be accompanied by the required fee and a copy of applicant's state permit. No city permit will be issued until applicant Cathy Wiles has received a state permit. PASSED and APPROVED on 3/20P20 18 Approved: Lioneld Jordan, Mayor Attest: Subscribed and sworn to before me Sondra E. Smith, City Clerk Treasurer 74474458 Mir. 29, 2018 This 2- day of , 2018 Notary Public My Commission Expires: 7-112-17,% MTA,%,I.k!y RUSHER Nc:ar�y Public -Arkansas 'Aastirglon Ccurit, Cc(r,nlissicr. # '2703120 t -1Y Ccrarrissrc�n Expires Fc.- 12-2028 D **NOTE** Please do not pay from Affidavit. Invoice will be sent.