HomeMy WebLinkAboutOrdinance 6374OF FPYE7TF
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94KA NS'S
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6374
File Number: 2020-ON50
AMEND § 111.04 APPLICATION FOR PERMITS:
AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER I I I
ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18
SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING
REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE
UNIFIED DEVELOPMENT CODE TO CONFORM SEPARATION REQUIREMENTS FOR
BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW
WHEREAS, Ark. Code Ann. § 3-4-206 regarding the operation of retail liquor stores was amended
to change the separation requirement for retail liquor stores from churches and schools from 600 feet
to 1,000 feet; and
WHEREAS, Arkansas law does not contain any separation requirement for businesses with other
types of alcohol permits like restaurants, cafes, and private clubs but the Fayetteville Code currently
requires 300 feet of separation from churches, schools, and hospitals.
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 § 111.04
Application for Permits by repealing subsection (E) and enacting a new (E) as follows:
"(E) No new permit shall be granted to any person to engage in the sale of liquor at retail, for
consumption off the premises, for any business situated within the distance established by Ark. Code
Ann. § 34-206, and any future amendments thereto, from any church or schoolhouse."
Page 1 Printed on 1116120
Ordinance: 6374
File Number 2020-0850
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 111.04
Application for Permit by repealing subsection (F).
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.18
Supplementary Use Regulations by repealing subsection (13)(1) and enacting a new (13)(1) as
follows:
"(1) Church/School. No retail liquor store shall be located within the distance established by Ark.
Code Ann. § 34-206, and any future amendments thereto, from any church or schoolhouse."
PASSED and APPROVED on 11/5/2020
Attest: � I If r ►► III
R,
FgYE rE�ILCE tiw
Kara Paxton, City Clerk Treasut'Er
•'9 ANSN
';X Sill `ONCON
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Page 2 Printed on 1116120
113 West Mountain Street
City of Fayetteville, Arkansas
_ Fayetteville, AR 72701
—� (479) 575-8323
,x Text File
f File Number: 2020-0850
Agenda Date: 11/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.3
AMEND § 111.04 APPLICATION FOR PERMITS:
AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER I I I
ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY
USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING REGULATIONS AND
SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO
CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL
TO ARKANSAS LAW
WHEREAS, Ark. Code Ann. § 3-4-206 regarding the operation of retail liquor stores was amended to
change the separation requirement for retail liquor stores from churches and schools from 600 feet to 1,000
feet; and
WHEREAS, Arkansas law does not contain any separation requirement for businesses with other types of
alcohol permits like restaurants, cafes, and private clubs but the Fayetteville Code currently requires 300 feet of
separation from churches, schools, and hospitals.
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 § 111.04 Application
for Permits by repealing subsection (E) and enacting a new (E) as follows:
"(E) No new permit shall be granted to any person to engage in the sale of liquor at retail, for consumption off
the premises, for any business situated within the distance established by Ark. Code Ann. § 3-4-206, and any
future amendments thereto, from any church or schoolhouse."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 1 1 1.04 Application for
Permit by repealing subsection (F).
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.18
Supplementary Use Regulations by repealing subsection (B)(1) and enacting a new (13)(1) as follows:
"(1) Church/School. No retail liquor store shall be located within the distance established by Ark. Code Ann. §
City of Fayetteville, Arkansas Page 1 Printed on 111SM20
File Number: 2020-0850
3-4-206, and any future amendments thereto, from any church or schoolhouse."
City of Fayetteville, Arkansas Page 2 Printed on 111612020
City of Fayetteville Staff Review Form
2020-0850
Legistar File ID
11/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mary McGetrick 10/6/2020 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
AN ORDINANCE TO AMEND § 111.04 APPLICATION FOR PERMITS IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE
FAYETTEVILLE CODE AND § 164.18 SUPPLEMENTARY USE REGULATIONS IN CHAPTER 164 SUPPLEMENTAL ZONING
REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO
CONFORM SEPARATION REQUIREMENTS FOR BUSINESSES PERMITTED TO SELL ALCOHOL TO ARKANSAS LAW
Budget Impact:
Account Number
Project Number
Fund
Project Title
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
W4W ARKANSAS
MEETING OF Novemebr 5th, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Mary McGetrick, Long Range Planner
DATE: October 6, 2020
CITY COUNCIL MEMO
SUBJECT: Amend exsiting code in order to bring it in line with current State law in
regard to the issuance of alcohol permits within 300 feet of a religious insutition.
RECOMMENDATION:
Staff recommends approval of an amendment to the existing City Code to conform to state
law.
BACKGROUND:
Staff received a request regarding alcohol permitting. A restaurant would like to locate within
300 feet of a church and the owner plans to apply for a permit to sell alcohol. The City Code as
it is currently written would not allow the City to issue any alcohol permit at the proposed
location.
DISCUSSION:
During a difficult period for local restaurants and bars it is more important than ever that the City
offer whatever resources and support which can be provided for new establishments to be
permitted. However current City of Fayetteville code requires a separation of 300 feet between
restaurants, cafes and private clubs and schools and churches. In organic, traditional city growth
many different types of uses have existed adjacent and near to one another allowing for thriving
and varied downtowns. In order to retain this type of organic growth to occur staff would like to
bring city code in line with current state law. Currently City Code is not in line with state law in
regard to the proximity of both retail liquor stores and other types of alcohol permits like
restaurants, cafes, and private clubs in relation to churches, schools, and hospitals.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Current state law requires that the operation of retail liquor stores be amended to change the
separation requirement for retail liquor stores from churches and schools from 600 feet to 1,000
feet. Additionally state law does not require any separation between churches and schools and
restaurants, cafes and private clubs that serve alcohol while city code does requires 300 feet of
separation. City Code should be changed to reflect state law by amending § 111.04(E) which
contains a separation requirement for liquor stores of 600 feet to require 1,000 feet of separation.
Similarly, § 164.18(B)(1) has the same 600-foot requirement, which should be updated to reflect
state law. Additionally §111.04(F) should be amended to remove the 300 foot separation
requirement to reflect current state law that provides no separation requirement.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Ordinance
City Atty memo
DEPARTMENTAL CORRESPONDENCE
I TORXI�
TO: Mayor Jordan
CC: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Blake Pennington, Assistant City Attorne
DATE: July 7, 2020
RE: Alcohol permits near churches and schools
Kit Williains
(;rtr .41101-rtL'Y
Blake Pennington
As<istnnf (JtY.Attornev
Judi Batker
Paralegal
I received an email a few weeks ago from Jonathan Curth about an alcohol permitting
issue. A restaurant is looking to locate within 300 feet of a church and the owner plans to
apply for a permit to sell alcohol. Unfortunately, the City Code as it is currently written
would not allow the City to issue any alcohol permit at the proposed location.
§ 111.04(F) of the City Code provides as follows:
No other permits shall be granted to any person to engage in the business
of manufacturing, transporting, storing, handling, receiving, distributing,
selling, or dispensing, either at wholesale or retail, any controlled
beverage, except wine, for any business situated within 300 feet of any
church or school building. The distance shall be measured from the
nearest point of the church or school building to the nearest point of the
building to be permitted.
I believe this means that we could not issue an alcohol permit to a restaurant that is
located within 300 feet of a church or school even though this is not required by state law.
We have other code provisions that are not consistent with state law. § 111.04(E) contains
a separation requirement for liquor stores of 600 feet, although state law was recently
amended to require 1,000 feet of separation. Similarly, § 164.18(B)(1) has the same 600-
foot requirement, which should be updated to match the state law.
I have prepared an ordinance, a copy of which is attached to this memo that will amend
all three of those subsections so our code will be consistent with state law with respect to
the issuance of alcohol permits.
REAL
ESTATE
SPECIALIZEDGROUP
November 4, 2020
Dear Council and Mayor:
Specialized Real Estate Group supports amending City of Fayetteville code to be
consistent with state law in regard to issuing alcohol permits. As owners and managers
of commercial properties, we see our tenants struggle with the permitting process. By
aligning city and state requirements, this process will be less confusing to applicants.
Thank you for your consideration.
Sincerely,
�� yY/UaZeri
Jeremy Hudson
CEO
1S N. Church Avenue, Suite 103, Fayetteville, AR 72701
WWW.SPECIALIZEDREG.COM
NORTHWEST ARKANSAS
Democril - tgazc&
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P.0 ?';k i607,=A`E7EI'iLLE, i%P, 72722 • �!75-A42.1700 ` FAX 479-695-11'8 • lti'!i': V1'JADI C:JPe.
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6374
Was inserted in the Regular Edition on:
November 8, 2020
Publication Charges: $152.00
2j� S,A
Brittany 9mith
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6374
File Number: 2020-0850
AMEND § 111.04 APPLICATION FOR
PERMITS:
AN ORDINANCE TO AMEND §
111.04 APPLICATION FOR PERMITS
IN CHAPTER 1 I 1 ALCOHOLIC
BEVERAGES OF THE
FAYETTEVILLE CODE AND § 164.18
SUPPLEMENTARY USE
REGULATIONS IN CHAPTER 164
SUPPLEMENTAL ZONING
REGULATIONS AND SPECIALIZED
DEVELOPMENT REGULATIONS OF
THE UNIFIED DEVELOPMENT
CODE TO CONFORM SEPARATION
REQUIREMENTS FOR BUSINESSES
PERMITTED TO SELL ALCOHOL TO
ARKANSAS LAW
WHEREAS, Ark. Code Ann. § 34-206
regarding the operation of retail liquor
stores was amended to change the
separation requirement for retail liquor
stores from churches and schools from
600 feet to 1,000 feet; and
WHEREAS, Arkansas law does not
contain any separation requirement for
businesses with other types of alcohol
permits like restaurants, cafes, and
private clubs but the Fayetteville Code
currently requires 300 feet of separation
from churches, schools, and hospitals.
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 § 111.04
Application for Permits by repealing
subsection (E) and enacting a new (E) as
follows:
"(E) No new permit shall be granted to
any person to engage in the sale of
liquor at retail, for consumption off the
premises, for any business situated
within the distance established by Ark.
Code Ann. § 34-206, and any future
amendments thereto, from any church or
schoolhouse."
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends § 111.04
Application for Permit by repealing
subsection (F).
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
amends § 164.18 Supplementary Use
Regulations by repealing subsection
(13)(1) and enacting a new (B)(I) as
follows:
"(I) Church/School. No retail liquor
store shall be located within the distance
established by Ark. Code Ann. § 34-
206, and any future amendments thereto,
from any church or schoolhouse."
PASSED and APPROVED on
11 /5/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75345187 Nov 8, 2020
