The URL can be used to link to this page

Home My WebLink AboutOrdinance 6299IFATETT0 L `I i r v r fgxAHS�,4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6299 File Number: 2020-0240 AMEND §111.30 RETAIL: AN ORDINANCE TO AMEND § 111.30 RETAIL IN CHAPTER 111: ALCOHOLIC BEVERAGES OF THE CITY CODE TO PROVIDE FOR THE ISSUANCE OF PERMITS THAT ALIGN WITH ARKANSAS STATUTES AND ALCOHOLIC BEVERAGE CONTROL ADMINISTRATIVE REGULATIONS WHEREAS, the State of Arkansas regulations on the sale of alcohol have been amended to allow many new types of retail alcohol permits with varying requirements; and WHEREAS, the ever -evolving state statutes and regulations make it difficult to administer our local permitting and taxation ordinances and the Administration should be provided with the flexibility to issue permits for local businesses to operate in accordance with state and local regulations. 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 enacts §I 11.30(J) as follows: "(J) Other Permits. The Mayor or designee is authorized to issue a permit to an applicant who has received a permit from the State of Arkansas that does not conform with another permit type listed in this section. (1) Permit Fee. An annual permit fee shall be paid by the applicant. The amount of the fee shall be one-half of the license fee collected by the State of Arkansas. Any new permit issued pursuant to this subsection between January 1st and June 30th shall be at one-fourth of the license fee collected by the State of Arkansas. No annual permit fee shall exceed the Page 1 Printed on 418120 File Number: 2020-0240 Ordinance 6299 amount of $500.00. (2) Hours of Operation. It shall be unlawful for the owner, operator, or any employee of an establishment permitted under this subsection to allow consumption of any controlled beverages on the premises of said establishment between the hours of 2:00 a.m. and 7:00 a.m. on any day or any other day or time prohibited by state law or state -issued permit. (3) Supplemental Beverage Tax. In addition to the annual permit fees for the sale of controlled beverages and other applicable taxes, there is hereby levied a city supplemental beverage tax of 5% upon the annual gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than 5% alcohol by weight, shall not be subject to the supplemental beverage tax. The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12'/z% of the tax due shall be due and payable in addition to the tax." PASSED and APPROVED on 4/7/2020 Attest: • ,\I Y OF- •.G� FAYETTEVILLE ' Kara Paxton, City Clerk Treasure "hill I Page 2 Printed on 418120 City of Fayetteville, Arkansas Text File File Number: 2020-0240 Agenda Date: 4/7/2020 Version: 1 In Control: City Council Meeting Agenda Number: C. 5 AMEND §111.30 RETAIL: AN ORDINANCE TO AMEND §111.30 RETAIL OF THE CITY CODE TO PROVIDE FOR THE ARKANSAS STATUTES AND ALCOHOLIC REGULATIONS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance IN CHAPTER Ill: ALCOHOLIC BEVERAGES ISSUANCE OF PERMITS THAT ALIGN WITH BEVERAGE CONTROL ADMINISTRATIVE WHEREAS, the State of Arkansas regulations on the sale of alcohol have been amended to allow many new types of retail alcohol permits with varying requirements; and WHEREAS, the ever -evolving state statutes and regulations make it difficult to administer our local permitting and taxation ordinances and the Administration should be provided with the flexibility to issue permits for local businesses to operate in accordance with state and local regulations. 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 enacts § 111.30(J) as follows: "(J) Other Permits. The Mayor or designee is authorized to issue a permit to an applicant who has received a permit from the State of Arkansas that does not conform with another permit type listed in this section. (1) Permit Fee. An annual permit fee shall be paid by the applicant. The amount of the fee shall be one-half of the license fee collected by the State of Arkansas. Any new permit issued pursuant to this subsection between January 1st and June 30th shall be at one-fourth of the license fee collected by the State of Arkansas. No annual permit fee shall exceed the amount of $500.00. (2) Hours of Operation. It shall be unlawful for the owner, operator, or any employee of an establishment permitted under this subsection to allow consumption of any controlled beverages on the premises of said establishment between the hours of 2:00 a.m. and 7:00 a.m. on any day or any other day or time prohibited by state law or state -issued permit. (3) Supplemental Beverage Tax. In addition to the annual permit fees for the sale of controlled beverages and other applicable taxes, there is hereby levied a city supplemental beverage tax of 5% upon the annual gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than 5% alcohol by weight, shall not be subject to the supplemental beverage tax. The city's supplemental beverage tax is in City of Fayetteville, Arkansas Page 1 Printed on 41812020 File Number. 2020-0240 addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12'/2% of the tax due shall be due and payable in addition to the tax." City of Fayetteville, Arkansas Page 2 Printed on 41812020 Blake Pennington Submitted By City of Fayetteville Staff Review Form 2020-0240 Legistar File ID 4/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item CITY ATTORNEY (021) Submitted Date Division / Department Action Recommendation: 3/12/2020 AN ORDINANCE TO AMEND §111.30 RETAIL IN CHAPTER 111: ALCOHOLIC BEVERAGES OF THE CITY CODE TO PROVIDE FOR THE ISSUANCE OF PERMITS THAT ALIGN WITH ARKANSAS STATUTES AND ALCOHOLIC BEVERAGE CONTROL ADMINISTRATIVE REGULATIONS Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Purchase Order Number: Previous Ordinance or Resolution # V20180321 Change Order Number: Original Contract Number: Comments: Approval Date: l7EPAIZTMENTAL CORRESPONDENCE M)FFICI'. orF I'll L Cl 11 1 A -F I - l l It \ r 1' TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne DATE: March 12, 2020 RE: Alcohol Permits Kit �l`illi.Ii71� The City Code currently authorizes fourteen (14) types of permits for the manufacture and sale of alcoholic beverages in the City of Fayetteville. This limitation made sense when the state's alcohol laws were extremely restrictive but now the state has broadened the number and types of permits issued by the Alcoholic Beverage Control Division. The current Alcoholic Beverage Control Division regulations list forty-five (45) different permits that can be issued to the manufacturers, distributors, and sellers of alcoholic beverages. This means some of our local establishments have received state permits that do not fit perfectly within the permitting scheme we have currently enacted and the Accounting Division is often forced to issue a City permit that most closely aligns with the operations of the establishment. Rather than constantly amending the City Code to reflect the changes made to the state's permit types, our office recommends adding a new § 111.30a), which will allow the Accounting Division to issue a permit that aligns with the state pernut rather than attempting to conform an establishment to the current limitations of our City Code.