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HomeMy WebLinkAboutOrdinance 6374OF FPYE7TF L l 15 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 ,�'*. 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& Emu 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