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HomeMy WebLinkAboutOrdinance 6395113 West Mountain Street Fayetteville, AR 72701 (479) 57"323 Ordinance: 6395 File Number: 2020-1089 EVELYN HILLS OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO CREATE THE EVELYN HILLS OUTDOOR REFRESHMENT AREA WHEREAS, on June 4, 2020, the City Council approved Ordinance 022, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces: and WHEREAS, J.C. Burciaga, the owner of the Evelyn Hills Shopping Center, has been working with City staff on a proposal to create a small entertainment district that would allow his tenants to adapt to the challenges of the pandemic and permit customers of restaurants to fully utilize outdoor dining spaces. 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 amends § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by enacting a revised § 111.07 as shown in the attached Exhibit A, which authorizes the creation of permanent open consumption districts, establishes the Evelyn Hills Outdoor Refreshment Area, and enacts regulations for the Evelyn Hills Outdoor Refreshment Area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville business establishments, residents, and visitors to comply with the directives issued by the Arkansas Page 1 Printed on 12117120 L Ordinance: 6395 File Number: 2020-1089 Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on 12/1 5/2020 Attest: `�RTY r�'�9s''. Cam. G O� FAYETTEVILLE ; A Kara Paxton, City Clerk Treasures �. 9 QkANSPS �'�yitiG IONtCOJ`�. Page 2 Printed an 12117120 EXHIBIT A '4111.07 - Outdoor Refreshment Area (A) Definitions (1) Customer shall include a patron, guest, or member. (2) Owner shall include the owner, manager, or operator of an establishment permitted to sell alcoholic beverages. (3) Permittee shall mean the person or entity who has received an event permit from the City of Fayetteville allowing the outdoor consumption of alcoholic beverages within an established entertainment district. (4) Limited open consumption district pilot program shall mean a series of specific dates and times which occur on a limited basis in which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within the Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a pilot program, shall be established by the Mayor. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following entertainment districts are hereby created with the areas and boundaries as set forth and designated on the maps which are attached hereto as Exhibits and incorporated herein.: (1) Downtown Outdoor Refreshment Area (2) Evelyn Hills Outdoor Refreshment Area. (C) Outdoor consumption ofalcohol in public places. The consumption of alcoholic beverages or possession of open containers of alcoholic beverages in public outdoor areas within the Outdoor Refreshment Areas is prohibited with the exception of: (1) Events with standing approval. The outdoor consumption of alcohol may be allowed on public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas within the areas designated for events with standing approval pursuant to the Fayetteville City Code. The prior written authorization of the Mayor shall be required, and additional conditions may be placed on the permittee, the event, and any owner who wishes to allow the owner's customers to participate in the event as part of the authorization. The areas designated for the outdoor consumption of alcohol at standing events shall be closed to vehicular traffic unless those areas fall within a limited consumption district pilot program in which case the rules for the open consumption district shall apply. (2) Special event permits ivith specific approval. A special event permit issued by the Mayor pursuant to § 72.58(M) may authorize the outdoor consumption of alcohol on public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas in certain areas and only during the times specified in the permit. Additional conditions may be placed on the permittee, the event, and any owner who wishes to allow the owner's customers to participate in the event as part of the authorization. Such areas may be closed to vehicular traffic. (a) Organizers of events who wish to apply for the special event permit to allow open consumption of alcohol within the entire event area, rather than confining alcohol consumption to a limited area, shall complete the appropriate Notice of Proposed Closure for a Outdoor Refreshment Area Event Form as well as the standard Notice of Proposed Closure form. (b) A business located adjacent to or within the event area may sell alcohol for open consumption in the event area only with the approval of the event organizer. If an event occurs during a time and within the area of a limited consumption district pilot program, business sales of alcohol for open consumption shall be permitted. (3) Limited open consumption district pilot programs. The Mayor may identify specific dates and times to authorize the implementation of limited open consumption district pilot programs within the Outdoor Refreshment Areas. Such pilot program areas will not require street closures. Rules established by the Mayor applying to pilot program areas shall be distributed to business owners and signs shall posted in conspicuous locations within the pilot program area. (a) At least 21 days prior to the beginning of an open consumption pilot program, City staff will notify nearby businesses and identify participating businesses. (b) The Mayor, by and through staff shall notify the City Council Members by email or otherwise of the decision to implement a limited open consumption district pilot program. If at least two (2) City Council Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or her decision that they wish to appeal such decision, then the issue will be presented on the next City Council meeting in which the Mayor's decision could reasonably be considered. The City Council would then be able to decide by Resolution whether to reverse the Mayor's decision or upon what conditions (if any) the permit would be granted. (c) The provisions of subsection 111.07(C)(3) shall expire on January 30, 2021. (!) Permanent open consumption districts. The City Council may establish permanent open consumption districts with such rules and regulations as may be required for the district. (D)Conditions for consumption of alcoholic beverages in the Downtown Outdoor Refreshment Area. Any owner within a designated area may allow a customer to exit the owner's premises during the hours designated in the special event permit or in an area defined in a limited consumption district pilot program with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages anywhere within the confines of the designated area in which the alcoholic beverage was obtained, subject to the following regulations: (1) An owner within the designated event area or in an area defined in a limited consumption district pilot program may allow alcoholic beverages to be removed from the licensed premises during special events with specific approval who have requested businesses be able to sell to attendees and/or during the times of the limited consumption district pilot program and only in a compostable or reusable cup, or other alternative container as certified by the Environmental Director as compatible with the city:s recyclables collection program, that bears the proper city approved logo, and no such alcoholic beverages shall be removed from the permitted premises in a can, bottle, or glass container. (2) No owner shall allow a customer to exit its premises with an open container of alcoholic beverage until the owner has placed a designated visible identifier on the customer, and it shall be unlawful for any person to exit such licensed premises with an open container without the required visible identifier. (3) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any other establishment with an open or closed container of alcoholic beverage without the consent of the owner or manager of the establishment. (4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass container, or to possess any open can, bottle, or glass container of alcoholic beverages on the public streets, sidewalks, rights -of -way, and parking lots located within the Outdoor Refreshment Area. (5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) fluid ounces in size. (6) No person shall possess on the public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas located within the designated area any open alcoholic beverage container which exceeds sixteen (16) fluid ounces in size. (7) No person shall possess on the sidewalks, public streets, rights -of -way, parking lots, or outdoor public areas any open alcoholic beverage container outside of the approved area of an event or the district. (8) It shall be unlawful for a customer to distribute alcohol for open consumption obtained from a business participating in the Outdoor Refreshment Area to any other individual. (9) It shall be unlawful to create, possess, or distribute fraudulent or unauthorized visible identifiers or cups within the Outdoor Refreshment Area. E (10) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased outside of the Outdoor Refreshment Area. (E) Conditions for consumption of alcoholic beverages in the Evelyn Hills Outdoor Refreshment Area. Any owner within the Evelyn Hills Outdoor Refreshment Area may allow a customer to exit the owner's premises during regular hours of operation with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages in a sidewalk cafe, outdoor dining area, or approved event area in the Outdoor Refreshment Area in which the alcoholic beverage was obtained, subject to the following regulations: (1) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any other establishment with an open or closed container of alcoholic beverage without the consent of the owner or manager of the establishment. (2) It shall be unlawful for a customer to distribute alcohol for open consumption obtained from a business participating in the Outdoor Refreshment Area to any other individual. (3) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased outside of the Outdoor Refreshment Area. (4) Beverages may be taken from the premises in containers made of glass, aluminum, plastic, or other materials; however, no container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) Fluid ounces in size. (F) Sideivalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor Refreshment Area has also received a sidewalk cafe permit pursuant to § 178.02 of the Unified Development Code or has an outdoor space located on private property: , (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk cafe permit or in the outdoor space during the owner's posted hours of operation; (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas; and (3) No fencing or other enclosure of a permitted sidewalk cafe or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces. (G)State lcnvs applicable to Outdoor Refreshment Areas. All other Arkansas laws including, but not limited to, Ark. Code Ann. § 3-3-201, et seq (prohibited practices regarding alcoholic beverages), Ark. Code Ann. § 5-71-207 (disorderly conduct), Ark. Code Ann. § 5-71-212 (public intoxication), Ark. Code Ann. § 5-71-218 (consumption of alcohol in a motor vehicle) remain in effect and will be enforced within the Outdoor Refreshment Area. (H) Littering Prohibited. No person shall violate the littering prohibition set forth in § 98.07 of the Fayetteville City Code. 0 a � t f.,,.. P x 4 I t N / .Evelyn -- ' Hills Shopping / Center j I J It 0 140 280Feet Evelyn Hills CITY OF ILLS .' Outdoor Refreshment Area AFAYET RKA SASV O RA tiaFm n.m a,�. "bw Gl Fayetteville, AR ' Map Create 1213)2020 Pa' G:1GISZPr,.S2020100RAWl 0RA,apry City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-1089 Agenda Date:12/15/2020 Version:1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C.3 EVELYN HILLS OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO CREATE THE EVELYN HILLS OUTDOOR REFRESHMENT AREA WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, J.C. Burciaga, the owner of the Evelyn Hills Shopping Center, has been working with City staff on a proposal to create a small entertainment district that would allow his tenants to adapt to the challenges of the pandemic and permit customers of restaurants to fully utilize outdoor dining spaces. 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 § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by enacting a revised § 111.07 as shown in the attached Exhibit A, which authorizes the creation of permanent open consumption districts, establishes the Evelyn Hills Outdoor Refreshment Area, and enacts regulations for the Evelyn Hills Outdoor Refreshment Area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville business establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City of Fayetteville, Arkansas Page 1 Printed on 1211612020 • City of Fayetteville Staff Review Form 2020-1089 Legistar File ID 12/15/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item IL/tS/LU Hgenaa Jesslon vva1K un • Devin Howland 12/4/2020 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: STAFF IS RECOMMENDING APPROVAL OF AN ORDINANCE DESIGNATING AN ENTERTAINMENT DISTRICT PURSUANT TO ACT 812 ON A PORTION OF THE EVELYN HILLS SHOPPING CENTER, THE EVELYN HILLS OUTDOOR REFRESHMENT AREA FOR EXPANDED OUTDOOR DINING OPTIONS AND TO APPROVE AN EMERGENCY CLAUSE. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? 11111111101rW Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 6322 Change Order Number: Original Contract Number: Comments: Approval Date: E CITY OF ��FAYETTEVILLE ARKANS ARKANSAS MEETING OF DECEMBER 15, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality Blake Pennington, Assistant City Attorney DATE: December 3, 2020 CITY COUNCIL MEMO SUBJECT: An ordinance to create the Evelyn Hills Outdoor Refreshment Area and approve an emergency clause RECOMMENDATION: Staff is recommending approval of an ordinance establishing an entertainment district, pursuant to Act 812, on a portion of the Evelyn Hills Shopping Center and to approve an emergency clause. BACKGROUND: Following the success of Fayetteville's first Outdoor Refreshment Area in downtown, staff began exploring the expansion of entertainment districts throughout Fayetteville. The first area which was identified was the Evelyn Hills shopping center, not for the purpose of generating increased activity within the center, but rather to help Mocking Bird Kitchen and future restaurant operators. The pursuit of the ORA came at the request of the property owner, J.C. Burciaga. The request came with the intention of providing increased flexibility to his tenants as they adapt to the challenges of the COVID-19 pandemic. The importance of designating an ORA on the property became more apparent when it became clear the State would not permit areas in front of the restaurants for outdoor service. DISCUSSION: The Evelyn Hill's ORA enables the two restaurants (one open, one opening soon) to allow their patrons to consume alcoholic beverages at socially distanced dining options such as sidewalk cafe seating and expanded dinning in the parking lot. The ordinance also allows, should it be applicable, for event applications to be submitted which would not require fenced -in beer gardens to be in place. The same rules and conditions that guide behavior in the primary ORA are applicable here as well. The exceptions are beverages consumed outside of the establishments are not required to be in designated cups or visible identifiers be used. Staff's reasoning for excluding this requirement is this district's focus of outdoor dining. During events, additional regulations, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 E including using specific cups or wristbands, can be added by the City on an as needed basis. The area will be marked with signs clearly indicating the boundary. When compared to the existing downtown Outdoor Refreshment Area the goal of the proposed Evelyn Hills ORA is drastically different. The primary purpose of this district is to help Mockingbird Kitchen with expanded outdoor dining options. The current ordinance restricts open consumption to sidewalk cafes or outdoor dining areas. As seen when the center's property was used for the Farmers Market, the site is well positioned for socially distanced events. ORA Com arison Evelyn ORA Downtown ORA Size:7 acres 4.2 usable Size:150 acres+ Potential Participating Businesses: 2 Potential Participating Businesses: 63 Cups in program: N/A Cups in program: 140,000+ The current ORA in downtown has performed at such a high level, without posing any insurmountable or long-standing issues, that staff feels confident the Evelyn Hills ORA will operate in the manner which it is designed. Staffs intent is a calm district, while providing meaningful relief to the restaurants, without posing any negative impacts on other tenants or neighbors. Status of Downtown ORA Participating Businesses 60 Anchor Participation 100% Citations given 0 Littered Cups >35 found or reported Cups in program 140,000+ Estimated Direct Economic Impact $1,000,000+ in taxable sales Concerns: Given the precedent set by the downtown ORA, as well as other successful entertainment districts in the State, staff has no concerns that the district will produce any negative impacts. One point of concern that was received from an adjacent property owners' representative was that the district could potentially create an increase in insurance and legal costs, or externalities outside of their control. Respecting these concerns, the district was scaled back in size to provide a buffer from the adjacent property, enabling access to the building and other pad sites without having to enter the "ORA". Staff also expressed support for designating the district be "outdoor dining" and events only, since events require notification of adjacent property owners. These changes were delivered on November 18". Staff proceeded to send updated copies of the information to this entity, as well as all tenants within the center on December 411. Staff has not been made aware of any instances in Fayetteville where the primary ORA in downtown has created an increase in insurance costs or legal costs for property owners. Staff also consulted with other municipalities on this topic and could not find an instance where this . issue arose. BUDGET/STAFF IMPACT: The item will have minimal impact on staff time. The only planned cost to the City is posting signs to mark the boundary. Attachments: Boundary Map Ordinance Text Letter of Support from Mocking Bird Kitchen Letter of Support from Startup Junkie Consulting i i �Y Or �10 8 r .E rWr E Evelyn Hills Shopping Center it "low +ji`F ,fix ,ts "xA e Q~: j t 20- 1 Stir OWN Inte�odF 14K'i�u� Evelyn Hills r CITOF FAYE EVILLE ARKANS Outdoor Refreshment Area ARKANSAS O RA� F �. pm�.b Gbd Ga®pYwib N M1tl tlo m[y d ieyeMnM imtass lmm eN m�M1ul .b... Ire my Ipm T.'y ti�b�wrp �Feyemab d¢�eelpM lggnmsAWNW Le� Ntllowell �nel-M nmm My zel brlkum¢e PXtv.sa 40 EXHIBIT A " 111.07 - Outdoor Refreshment Area (A) Definitions (1) Customer shall include a patron; guest, or member. (2) OHmer shall include the owner, manager, or operator of an establishment permitted to sell alcoholic beverages. (3) Permittee shall mean the person or entity who has received an event permit from the City of Fayetteville allowing the outdoor consumption of alcoholic beverages within an established entertainment district. (4) Limited open consumption district pilot program shall mean a series of specific dates and times which occur on a limited basis in which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within the Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a pilot program, shall be established by the Mayor. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following entertainment districts are hereby created with the areas and boundaries as set forth and designated on the maps which are attached hereto as Exhibits and incorporated herein.: (1) Downtown Outdoor Refreshment Area (2) Evelyn Hills Outdoor Refreshment Area. (C) Outdoor consumption of alcohol in public places. The consumption of alcoholic beverages or possession of open containers of alcoholic beverages in public outdoor areas within the Outdoor Refreshment Areas is prohibited with the exception of: (1) Events mdih standing approval. The outdoor consumption of alcohol may be allowed on public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas within the areas designated for events with standing approval pursuant to the Fayetteville City Code. The prior written authorization of the Mayor shall be required, and additional conditions may be placed on the permittee, the event, and any owner who wishes to allow the owner's customers to participate in the event as part of the authorization. The areas designated for the outdoor consumption of alcohol at standing events shall be closed to vehicular traffic unless those areas fall within a limited consumption district pilot program in which case the rules for the open consumption district shall apply. (2) Special event permits u+ith specific approval. A special event permit issued by the Mayor pursuant to § 72.58(M) may authorize the outdoor consumption of alcohol on public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas in certain areas and only during the times specified in the permit. Additional conditions may be placed on the permittee, the event, and any owner who wishes to allow the owner's customers to participate in the event as part of the authorization. Such areas may be closed to vehicular traffic. (a) Organizers of events who wish to apply for the special event permit to allow open consumption of alcohol within the entire event area, rather than confining alcohol consumption to a limited area, shall complete the appropriate Notice of Proposed Closure for a Outdoor Refreshment Area Event Form as well as the standard Notice of Proposed Closure form. (b) A business located adjacent to or within the event area may sell alcohol for open consumption in the event area only with the approval of the event organizer. If an event occurs during a time and within the area of a limited consumption district pilot program, business sales of alcohol for open consumption shall be permitted. (3) Limited open consumption district pilot programs. The Mayor may identify specific dates and times to authorize the implementation of limited open consumption district pilot programs within the Outdoor Refreshment Areas. Such pilot program areas will not require street closures. Rules established by the Mayor applying to pilot program areas shall be distributed to business owners and signs shall posted in conspicuous locations within the pilot program area. (a) At least 21 days prior to the beginning of an open consumption pilot program, City staff will notify nearby businesses and identify participating businesses. (b) The Mayor, by and through staff, shall notify the City Council Members by email or otherwise of the decision to implement a limited open consumption district pilot program. If at least two (2) City Council Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or her decision that they wish to appeal such decision, then the issue will be presented on the next City Council meeting in which the Mayor's decision could reasonably be considered. The City Council would then be able to decide by Resolution whether to reverse the Mayor's decision or upon what conditions (if any) the permit would be granted. (c) The provisions of subsection 1 11.07(C)(3) shall expire on January 30, 2021. (4) Permanent open consumption districts. The City Council may establish permanent open consumption districts with such rules and regulations as may be required for the district. (D)Conditionsfor consumption of alcoholic beverages in the Downtown Outdoor Refreshment Area. Any owner within a designated area may allow a customer to exit the owner's premises during the hours designated in the special event permit or in an area defined in a limited consumption district pilot program with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages anywhere within the confines of the designated area in which the alcoholic beverage was obtained, subject to the following regulations: (1) An owner within the designated event area or in an area defined in a limited consumption district pilot program may allow alcoholic beverages to be removed from the licensed premises during special events with specific approval who have requested businesses be able to sell to attendees and/or during the times of the limited consumption district pilot program and only in a compostable or reusable cup, or other altemative container as certified by the Environmental Director as compatible with the city's recyclables collection program, that bears the proper city approved logo, and no such alcoholic beverages shall be removed from the permitted premises in a can, bottle, or glass container. (2) No owner shall allow a customer to exit its premises with an open container of alcoholic beverage until the owner has placed a designated visible identifier on the customer, and it shall be unlawful for any person to exit such licensed premises with an open container without the required visible identifier. (3) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any other establishment with an open or closed container of alcoholic beverage without the consent of the owner or manager of the establishment. (4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass container, or to possess any open can, bottle, or glass container of alcoholic beverages on the public streets, sidewalks, rights -of -way, and parking lots located within the Outdoor Refreshment Area. (5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) fluid ounces in size. (6) No person shall possess on the public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas located within the designated area any open alcoholic beverage container which exceeds sixteen (16) fluid ounces in size. (7) No person shall possess on the sidewalks, public streets, rights -of -way, parking lots, or outdoor public areas any open alcoholic beverage container outside of the approved area of an event or the district. (8) It shall be unlawful for a customer to distribute alcohol for open consumption obtained from a business participating in the Outdoor Refreshment Area to any other individual. (9) It shall be unlawful to create, possess, or distribute fraudulent or unauthorized visible identifiers or cups within the Outdoor Refreshment Area. (10) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased outside of the Outdoor Refreshment Area. (E) Conditionsfor consumption of alcoholic beverages in the Evelyn Hills Outdoor Rcfre.shment Area. Any owner within the Evelyn Hills Outdoor Refreshment Area may allow a customer to exit the owner's premises during regular hours of operation with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages in a sidewalk cafe, outdoor dining area, or approved event area in the Outdoor Refreshment Area in which the alcoholic beverage was obtained, subject to the following regulations: (1) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any other establishment with an open or closed container of alcoholic beverage without the consent of the owner or manager of the establishment. (2) It shall be unlawful for a customer to distribute alcohol for open consumption obtained from a business participating in the Outdoor Refreshment Area to any other individual. (3) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased outside of the Outdoor Refreshment Area. (4) Beverages may be taken from the premises in containers made of glass, aluminum, plastic, or other materials; however, no container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) fluid ounces in size. (F) Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor Refreshment Area has also received a sidewalk cafe permit pursuant to § 178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk cafe permit or in the outdoor space during the owner's posted hours of operation; (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas; and (3) No fencing or other enclosure of a permitted sidewalk cafe or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces. (G)State laws applicable to Outdoor Refreshment Areas. All other Arkansas laws including, but not limited to, Ark. Code Ann. § 3-3-201, et sey (prohibited practices regarding alcoholic beverages), Ark. Code Ann. § 5-71-207 (disorderly conduct), Ark. Code Ann. 5-71-212 (public intoxication), Ark. Code Ann. § 5-71-218 (consumption of alcohol in a motor vehicle) remain in effect and will be enforced within the Outdoor Refreshment Area. (H)Litlering Prohihired No person shall violate the littering prohibition set forth in § 98.07 of the Fayetteville City Code. Dear Mayor Jordan and City Council Members, We are excited to learn of the City of Fayetteville's discussion concerning the "ORAs", Outdoor Refreshment Areas. The creation of these areas will be another avenue for city businesses to increase sales, customers to enjoy their favorite establishments and the city to generate needed tax revenue. A "win win" for everyone. Currently, as you know, restaurants are open for 66% dining capacity. This includes both in order and outdoor dining. The creation of ORAs throughout the city would help us give our customers the options of dining outdoors, first to enhance their dining experience and secondly outdoor dining is deemed safer in this pandemic environment. Midtown, Uptown, West and East Fayetteville restaurant businesses, the citizens of Fayetteville and our out of town guests will benefit from the creation of ORAs throughout the city. We encourage you and the city council members to consider this idea to help guide us through this part of the pandemic as we try to rebuild our vibrant restaurant culture. The creation of an ORA in Evelyn Hills will make the shopping center a destination in Midtown and help the businesses increase sales and tax revenue. Thank you for your consideration. Sincerely, Chef Chrissy Sanderson Mockingbird Kitchen Fayetteville, Arkansas startup a_o junkie December 3, 2020 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Purpose: Letter of Support for Evelyn Hills Outdoor Refreshment Area Startup Junkie is a key economic development catalyst in the City of Fayetteville, and has proven to be an important leader in the advancement of the innovation and entrepreneurial ecosystem in the City. Through our work with local entrepreneurs, innovators, and business leaders, it has become clear that we must maximize the utilization of the Outdoor Refreshment Area initiative, as it is a vital economic catalyst for the City. We are excited for the increased vibrance and quality of life improvement that the Evelyn Hills Outdoor Refreshment Area will have on the City. Let this letter of support make it clear that we support the Evelyn Hills Outdoor Refreshment Area. Regards, a Junkie Team INDEPENDENT RESTAURANT ALLIANCE December 8, 2020 Mayor Jordan & Fayetteville City Council 113 W Mountain Street Fayetteville, Arkansas 72701 Mayor Jordan and City Council Members, We are writing to ask for your support in creating extended Outdoor Refreshment Areas to support the hospitality businesses of Fayetteville. Our local businesses have struggled to adapt and survive throughout the pandemic and deserve every opportunity to succeed. We have seen the downtown Outdoor Refreshment Area provide relief to businesses and safer experiences to guests and hope to see that become a reality for businesses in other areas within Fayetteville. Although hospitality businesses are allowed to operate within 2/3 of their capacity, we see many businesses struggle against impossible odds to fill enough seats while maintaining a six foot distance between different parties. This dedication to safe distancing for guests often results in less capacity than the allowed 2/3. By providing extended ORAs, the city will be providing a unique opportunity for our local businesses to continue to be creative in providing safe experiences for customers. We envision our "Funky Fayetteville' developing stronger bonds with neighborhood businesses to encourage each district as a dining, imbibing and shopping destination. What better way to encourage our citizens to shop local this holiday season — and have a safe time while doing so! In the hospitality industry, we are familiar with adapting to meet new challenges. We ask that you allow our Fayetteville businesses to provide an example of how to overcome. Thank you for your time and consideration, Fayetteville Independent Restaurant Alliance— Board of Directors Reese Roberts, Hannah Withers, Chrissy Sanderson, Elliot Hunt RECEIVED NORTHWESTARKAMAS Dommu�emo=--- (a ette P.C. BOY. 1607. FAYETTEVILLE. AR, 72702- 479-A42-1700 • FAX: 479.695-1118- kVVA,.NWADG.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of thl 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 o 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 6395 Was inserted in the Regular Edition on: December 27, 2020 Publication Charges: $139.84 ffiz a �t Brittany Smith Subscribed and sworn to before me This3&ay of gk�), 2020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. JAN 0 5 2021 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 6395 File Number. 2020. [Ogg EVELYN HILLS OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO CREATE THE EVELYN HILLS OUTDOOR REFRESHMENT iEREAS, on June 4, 2020, the City uncil approved Ordinance 6322, Uent to Act 812 of 2019, which ablished the Citys first entertainment trio permitting alcohol possession in door public spaces; and iEREAS, J.C. Bureiaga, the owner of Evelyn Hills Shopping Center, has n working with City staff on a posed to create a small entertainment Act that would allow his tenants to Pt to the challenges of the pandemic permit customers of restaurants to y utilize outdoor dining spaces. W. THEREFORE, BE IT DAINED BY THE CITY COUNCIL THE CITY OF FAYETTEVILLE. clion I. That the City Council of the ty of Fayetteville, Arkansas hereby tends § 111.07 - Outdoor Refreshment ea of the Fayetteville City Code by acting a revised § 111.07 as shown in attached Exhibit A. which authorizes creation of permanent open asumplion districts, establishes the elyn Hills Outdoor Refreshment Areo, J enacts regulations for the Evelyn Its Outdoor Refreshment Area. :lion 2: That the City Council of the y of Fayetteville, Arkansas hereby ermines that this ordinance should *me effective withom delay because vill provide opportunities for retteville business establishments, idents. and visitors to comply with the xtives issued by the Arkansas sarment of Health regarding limited Watley and social distancing, which necessary for the public peace as I as the health and safety of etteville residents. Therefore, the r Council hereby declare an ngenry exists such that this finance shall become effective aediatedy upon its passage and PASSED and APPROVED on 12/15/2020 Jordan, Mayor Paxton, City Clerk Treasurer 1, 375 Dec 27, 2020