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HomeMy WebLinkAboutOrdinance 6408113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6408 File Number: 2020-1159 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA BY CONVERTING LIMITED OUTDOOR CONSUMPTION DISTRICT PILOT PROGRAMS TO MORE PERMANENT DISTRICTS SUBJECT TO RULES ESTABLISHED BY THE CITY COUNCIL, AND TO APPROVE AN EMERGENCY CLAUSE 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, the ordinance contains a sunset provision allowing the Mayor to approve limited outdoor consumption district pilot programs only through January 31, 2021; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff recommends amending the ordinance so that the City Council can establish more permanent districts with such regulations as the City Council deems necessary. 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 removes the sunset provision for limited outdoor consumption district pilot programs and converts them to more permanent districts subject to rules established by the City Council. Page 1 Printed on 1120121 Ordinance 6408 File Number: 2020-1159 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. PASSED and APPROVED on 1/19/2021 Attest: Im Ih rim � 7A. �, ST. RM! T ME, —YI Kara Paxton, City CIe ' •�F ''.� FAY£ 'rn= un • -p iiz,f DN �"D; `��� Page 2 Printed on 1120121 EXHIBIT A - FINAL "111.07 - 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) Open consumption district shall mean a district in which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within an Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a district, shall be set forth in this section. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following open consumption 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; and (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 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 an open consumption district in which case the rules for the open consumption district shall apply. (2) Special event permits with 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 an open consumption district, business sales of alcohol for open consumption shall be permitted. (3) Open consumption districts. The City Council may establish open consumption districts with such rules and regulations as may be required for the district. The Mayor shall also have the authority to implement such rules and regulations as are necessary for the administration of such districts. (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 as an open consumption district 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 as an open consumption district 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 open consumption district 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. (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 anywhere within the confines of 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 cafd 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 cafd 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 cafd 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 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. (I) Expiration. The provisions of this section shall expire on April 30, 2024. City of Fayetteville, Arkansas 113 West Mountain Street • \l Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-1159 Agenda Date: 1/19/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 7 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA BY CONVERTING LIMITED OUTDOOR CONSUMPTION DISTRICT PILOT PROGRAMS TO MORE PERMANENT DISTRICTS SUBJECT TO RULES ESTABLISHED BY THE CITY COUNCIL, AND TO APPROVE AN EMERGENCY CLAUSE 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, the ordinance contains a sunset provision allowing the Mayor to approve limited outdoor consumption district pilot programs only through January 31, 2021; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff recommends amending the ordinance so that the City Council can establish more permanent districts with such regulations as the City Council deems necessary. 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 removes the sunset provision for limited outdoor consumption district pilot programs and converts them to more permanent districts subject to rules established by the City Council. 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 I Printed on 112012021 EXHIBIT A - FINAL -111.07 - 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) Open consumption district shall mean a district in which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within an Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a district, shall be set forth in this section. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following open consumption 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; and (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 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 an open consumption district in which case the rules for the open consumption district shall apply. (2) Special event permits with 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 an open consumption district, business sales of alcohol for open consumption shall be permitted. (3) Open consumption districts. The City Council may establish open consumption districts with such rules and regulations as may be required for the district. The Mayor shall also have the authority to implement such rules and regulations as are necessary for the administration of such districts. (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 as an open consumption district 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 as an open consumption district 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 open consumption district 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. (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 anywhere within the confines of 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 cafd 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 cafd 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 cafd 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 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. (I) Expiration. The provisions of this section shall expire on April 30, 2024. F.P.S zW Maple St.r, I- --' ---------------------- �� Univ. Washington ► ^J Reagac _ Baptist o Elementary UNIVERSITY Ch. 1 W Lafayette St ` O F W Boles S� A R K A N S A S DG �' ��� `v'Jil;;ar•t Stu l; ,'. -- -- - c of 'y� C 5 (73 (7, Evergreen C . Cemetery O� Gee" a, > Q c 1 Ll 1 1 1 1 1 / i / / W Stone St i v > Q Q I J = Walmart 1 1 1 1 1 1 1 lqfU Adopted ORA Area ARDOT ROW ~� _ Adopted Cultural Arts Building District • Pilot Program Area Approved Routes into the Pilot G1 rJ Program Area - for Expanded Business Participation r.- MSC WA ., i. P-1 Varsity 0 r3aq Sprin I I Diwntofvn-_- I I DG MSC i 1 a 1 1 1 w E 4th St 1 1 to , 1 1 .V 5th St E 5th St.-' > > a , Q Ql 1 u u 1 L c] U 1 C) � 1 -----------------------------: 1 0.13 0.25 Exhibit 1 Fayetteville Downtown Outdoor Refreshment Area (ORA) With Zoning - Fayetteville, AR Maple 0.5 Mile CITY O� FAYETTEVILLE ARKANSKAAS me aara conlelnN reran wss rv�le0 rr«n vinous ww�s r« the u,le „w ana balx#il nl the �:ily nl Feyenewlla GrpgraUn� lnrormalxm System enU Ire pidrc. agencies It serves MY use d Ire nale VY alryone Mna IMn Ilia l:iry W F»yenewlw al the stle nsk of Me use aey acceptance W Iris tale tF1 user does It agree to �Iwen,n#r tt,a an or FIvettovme ann ncan me c,N ,a Farenavate narn,— re„ rrom aru vawxn ��amrm rol arty ears, a�r.,as wsl r« ,twnayes nt any nawl, mctue�rp Ire cM� rov of nrtense zs.enea M user n a awns ensa,o nr..� �ru, v M Ins eta T. t'#Y of Fayanewlle makes no exPasa « �n�giea wanaMee. wnn relaance M the rate Ib waN Unrase « rJause r[auwl near mall « catsUuaO to weave rMr tan iinmumry set tartn urMa Manus bw Map Date: 1/28/2021 City of Fayetteville Staff Review Form 2020-1159 Legistar File ID 1/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 12/28/2020 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE AMENDING SECTION 111.07 OF THE CITY CODE, OUTDOOR REFRESHMENT AREA, TO REMOVE THE SUNSET CLAUSE FROM THE OPEN CONSUMPTION DISTRICT AND TO APPROVE AN EMERGENCY CLAUSE. Budget Impact: Account Number Project Number Fund 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 $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # 6322 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JANUARY 19, 2021 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 28, 2020 CITY COUNCIL MEMO SUBJECT: An ordinance to remove open consumption district sunset clause from the Outdoor Refreshment Area `pilot program' and approve an emergency clause RECOMMENDATION: Staff is recommending approval of amending ordinance 6322, which eliminates the sunset provision [111.07 (C)(3)(c)] from the Outdoor Refreshment Area, enabling the program to continue as an offering in downtown. BACKGROUND: On July 22, 2020 the most anticipated component of the Outdoor Refreshment Area, the open consumption district, began in downtown Fayetteville. On June 4, 2020 the Fayetteville City Council approved ordinance 6322 designating an "entertainment district" pursuant to Act 812. The approval of ordinance 6322 was preceded by nine months of work with downtown stakeholders, multiple focus group sessions, and several reiterations of the ordinance. For the purpose of review, the Outdoor Refreshment Area ordinance has three primary components: • Sidewalk Cafes/Parklets: The ordinance enables patrons of restaurants to possess and consume alcoholic beverages at outdoor seating in sidewalk cafes and parklets, using stemware or original packaging. Staff of restaurants cannot serve alcoholic beverages at these locations due to State law. • ORA Events: The ordinance eliminates the requirement for "beer gardens" at events within the Outdoor Refreshment Area, allowing organizers to apply for ORA Event Areas that would be open for consumption. This facet also enables event organizers to use surrounding businesses as their primary source for alcoholic beverages. • Open Consumption District: Allows patrons and visitors who purchase alcohol from participating businesses to possess and consume alcohol while walking down the sidewalk or within participating non -alcohol -serving businesses. The district is open seven days a week from 10 a.m. to 10 p.m. and is governed by a series of rules outlined Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 in section (D) Conditions for consumption of alcoholic beverages in public outdoor areas.) of the ordinance. DISCUSSION: While the City of Fayetteville's pursuit of Act 812 was originally aimed at providing a unique place -making offering to downtown, it quickly became a tool that allowed businesses within the accommodation and service industries to safely increase sales during the pandemic. The program has operated with no issues since July 22nd. With sixty active businesses participating in the program and nearly 200,000 cups provided, the open consumption district has been extremely popular and well received by the community. What is the open consumption district? The open consumption district allows patrons to purchase alcohol from a participating business and consume their beverage while walking down the sidewalk or within a non -alcohol -serving business (if allowed) within the area bounded roughly by Watson, Mountain, East, and West Streets (with extensions to serve other parts of downtown). Streets are not required to be closed and the open consumption district operates seven days a week from 10 a.m. to 10 p.m. Alcoholic beverages must be consumed in bpi -certified compostable cups and patrons must use a visible identifier. The district's boundary is marked by a series of over fifty aluminum signs. Staff is proposing to continue the open consumption district under the same rules and guidelines that have been in place since the program began. Organizations who support the removal of the sunset provision and continuation of the program include Experience Fayetteville, Fayetteville Independent Restaurant Alliance, Startup Junkie Consulting, and the Fayetteville Chamber of Commerce. Staff also consulted and coordinated with the leadership of the Dickson Street Merchants Association before submitting this item, and will be in attendance at their January 2021 meeting to present the item fully. Performance and economic impact: The open consumption district's performance has exceeded staffs initial estimation on all fronts: ORA's Performance Participating businesses 60 Business participation rate 95% Cups used in the program 195,000+ Littered cups found Less than 50 Citations for violations of ORA's rules 0 Size of the district 150 acres Anchor Institution Participation Rate 100% The Department of Economic Vitality was able to establish the program using funds allocated for promotional activities. While the direct economic impact of the program is unknown, staff has estimated that a conservative direct sales impact for the program is $1,560,000. Cost to establish program Boundary signs $1,579.31 Wristbands [92,0001 $2,760 Cups $16,000 Total $20,339 Alterations and adaptations: Per the Outdoor Refreshment Area Phasing Plan, staff is planning to launch a survey in January of 2021 and hold a meeting with stakeholders, which will include representation from the businesses and organizations listed below. The findings from the survey and stakeholder meeting will be posted online and provided to City Council. Additional changes, if any, resulting from the feedback obtained from the survey or stakeholder meeting(s) will be brought forward as they arise. The program will likely need to be adjusted and altered in the future. Given the uncertainty posed by the COVID-19 pandemic and its impacts to the performing arts, downtown employment levels, and campus activity, staff plans to hold regular assessment meetings at key intervals. These meeting will include participants from: • Performing art organizations /anchor institutions; • Fayetteville Police Department • Dickson Street Merchants • Locally -owned restaurants and bars • Retail and non -alcohol -serving businesses • Experience Fayetteville • Fayetteville Chamber of Commerce and Startup Junkie Consulting Examples of key intervals include: • Three months post restaurants returning to 100% capacity • Three months post removal of face covering requirement in public • Three months post University of Arkansas resuming full campus activity • Three/six months post opening of the Civic Plaza • One -month post anchor institutions operating at full capacity Collaborative reviews at key intervals will enable staff to make adjustments on an as -needed basis, while giving participating businesses the certainty that they can depend on the program long-term. Shift to businesses purchasing their own cups: Another reason staff recommends removing the ordinance's sunset provision to ensure certainty to businesses as they transition to purchasing their own ORA cups from Food Loops. In late 2020, City Council approved a contract with Food Loops to be the designated provider of ORA cups, which enabled the City to lock in the price businesses would pay for four years. Before staff notifies Food Loops to begin purchasing bulk materials for the program, we wanted to wait to see if the program would be adopted to give both Food Loops and participating businesses certainty. BUDGET/STAFF IMPACT: Given the shift to participating businesses purchasing their own cups for the program, the City will only bear the cost of purchasing wristbands (visible identifiers), which can be funded through the Department of Economic Vitality's "Promotional Materials" account. The day-to-day management of the district is largely being done by the participating businesses, who serve as ambassadors for the rules. Following the first five months of the district being active, the Department of Economic Vitality found "management" of the district posed minimal impacts to internal staff. Staff still feels there are opportunities for the program to be promoted and guided by an external entity in the future. Attachments: Attachment A: Red lined Outdoor Refreshment Area Ordinance Text Attachment B: Clean copy Outdoor Refreshment Area Ordinance Text Attachment C: Fayetteville's Designated Outdoor Refreshment Area Boundary Map Attachment D: Act 812 Attachment E: Letters of Support 4 EXHIBIT A **111.07 - 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) : , open consumption district pilot progrom shall mean a district series 0 spee i c dates and tunes-which-occt+r- on a limited Iin which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within the- an_Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a piles-pregramdistrict, shall be e4ablis w by lhe-M-ayerset forth in this section. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following omen con SUinptione^tertnimment 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 Areai and (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 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 an limited -open consumption district pilot pregram in which case the rules for the open consumption district shall apply. (2) Special event permits with 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 an limited ogen consumption district pilot program, business sales of alcohol for open consumption shall be permitted. (3) AAo.,o..may identify specifie dates and times t, authorize the_ distriet pilot progfams within the --Outdoor Reffeshment Areas. Such pilot program areas--wiN-net refit irestreet c-loswes.--Rulesfstabfi Aed-hythe- #layer-appfyinb-te pilot program areas shall be d-StFibUted to business owners and signs shall posted in conspieueus locations within the pilot program (a) At least 21 days PFi0F to the beginning of an open eonsumption pilot program, -AC- y-staff w+H noo.,", nearby businesses and identify �or, by and through staff, shall noti6, the City Counei-I Mo Y,ha by email or otherwise of the deeision to implement limited open consumption distriet pilot program. if at least two (2) City Ceune+4 Members -notify- the City Cle fv's Office ce writing within seven (7.) days of the Mayor's notifieaflen of his or hef deeis.en ih-at they wish to appeal s eh decision then the issue- — I nted o ed. The City Couneil we Id then be able to decide -by-Resolution v--whether-te-fe'sue-upon .,hat conditions (*if any) the permit would be g nted 2021: yf�Rerngcencrtt eOpen 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 as an limited open consumption district pilot program -with no more than one (I) 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 at,!united orcn 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 open 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. (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 anywhere within the confines of 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 cafd 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 cafd 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 cafd 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 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. EXHIBIT A -111.07 - 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) Open consumption district shall mean a district in which a person or customer may purchase alcohol from participating businesses and consume said alcohol within a defined area with open streets within an Outdoor Refreshment Area. The dates and times, as well as any rules applicable to such a district, shall be set forth in this section. (13) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. § 14-54-1412, the following open consumption 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; and (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 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 an open consumption district in which case the rules for the open consumption district shall apply. (2) Special event permits with 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 an open consumption district, business sales of alcohol for open consumption shall be permitted. (3) Open consumption districts. The City Council may establish 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 as an open consumption district 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 as an open consumption district 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 open consumption district 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. (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 anywhere within the confines of 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 cafd 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 cafd 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 cafd 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 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. lU_ _ c; �j z W Maple St VJ Pea �-U N I V E R S I T Y OF z ARKANSAS :-' • Univ. Washington •� Baptist o Elementary + • Ch. 7: W Lafayette St z W Boles S.� of y` ss F Evergreen MSC Cemetery `y t'< U CJ C U alp F.P.S. bV Stcne St i • v m i ► > c Q Ittit� — i r3 V Z ; } � u G i • Walmarr ro 7 O Q s to qr Adopted ORA Area ARDOT ROW ,_ Adopted Cultural Arts PC, District Building .,...e.. Pilot Program Area Approved Routes into the Pilot " Program Area - for Expanded Business Participation MSC L' e w: G .rein"—� SP^ an I1 I ov ira t t YRCC IV P-1 pG �` • 4 w� E 4th S' o Q u! �i U - r o W 5th St E Sth St/ C a > u Q v. u U? o o !� m U Ui U) MSC I N V I varsity 0 o 0.13 0.25 0.5 Mile Exhibit 1 ClTY OF _ FAYETTEVILLE � Fayetteville Outdoor ' ARKANSAS Refreshment Area naaaln ar me r:qy ql FgvoVrvllb �rphc o-m,rgawn sYna, ar.c ma wexc ayx>,:ss it serves M a Ills cefa hY arpne �mnr rtv� Iro C�h a Faye°eviNe uryC' .ia e xleoanayMs s ethelroex� 1 tldusGr �eel RFleeayya^anaa.ry mhM•h l Yi�al v1IaJM f1 mnur5mkth Jeae, rtImaaMxaeehsu a°n(ORA) aarYM s ]aiuran ;nar Iar�gaahrb l nw rays m4 1' MAnna -1. b, maI a br' arweav n�vnq M1nm IMF w a Itus Ilala _� !ny rl Fgypnm�\n rmFes m e�paa[ n mlryrtM wartnnlgas With Zoning - Fayetteville, ARlaaw� ��;e,Ya�Yalaal I� Map Created: 11/23/2020 I 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to present law. Act 812 of the Regular Session State of Arkansas As Engrossed: H3128119 92nd General Assembly A Bill Regular Session, 2019 SENATE BILL 492 By: Senators T. Garner, Bond, B. Sample, G. Leding, L. Chesterfield, Elliott By: Representatives Barker, A. Collins, McCullough, Scott For An Act To Be Entitled AN ACT TO PROMOTE HOSPITALITY AND TOURISM; TO ESTABLISH AREAS OF A CITY OR TOWN THAT HIGHLIGHT RESTAURANT, ENTERTAINMENT, AND HOSPITALITY OPTIONS; TO ESTABLISH TEMPORARY OR PERMANENT DESIGNATED ENTERTAINMENT DISTRICTS; AND FOR OTHER PURPOSES. Subtitle TO PROMOTE HOSPITALITY AND TOURISM; TO ESTABLISH AREAS OF A CITY OR TOWN THAT HIGHLIGHT RESTAURANT, ENTERTAINMENT, AND HOSPITALITY OPTIONS; TO ESTABLISH TEMPORARY OR PERMANENT DESIGNATED ENTERTAINMENT DISTRICTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code § 3-2-206, concerning the rulemaking authority of the Alcoholic Beverage Control Division, is amended to add an additional subsection to read as follows: (f) A rule promulgated under this title that prohibits a person from possessing an alcoholic beverage outside of an establishment that holds a permit for on -premises consumption and from which the alcoholic beverage was Durchased does not aDDiv within a designated entertainment district as defined in 6 14-54-1412. SECTION 2. Arkansas Code § 5-71-212(e), concerning the exceptions to 03-28-2019 10:51:42 BPG340 As Engrossed: H3/28/19 SB492 1 consuming alcohol in public, is amended to read as follows: 2 (e) The-previslens of thi-s This section shall does not be eenstrued to 3 prohibit or restrict the consumption of an alcoholic beverage when consumed_ 4 (1) a-s As a part of a recognized religious ceremony or ritual; or 5 (2) Within the physical boundaries of a designated entertainment 6 district as defined in § 14-54-1412. 7 8 SECTION 3. Arkansas Code Title 14, Chapter 54, Subchapter 14, is 9 amended to add an additional section to read as follows: 10 14-54-1412. Designated entertainment districts. 11 (a) As used in this section, "designated entertainment district" means 12 a contiguous area located in a part of a city, a municipality, or an 13 incorporated town that: 14 (1) Is zoned for or customarily used for commercial purposes; 15 and 16 (2) Contains any number and any combination of restaurants, 17 taprooms, taverns, entertainment establishments, hospitality establishments, 18 music venues, theaters, bars, art galleries, art studios, tourist 19 destinations, distilleries, dance clubs, cinemas, or concert halls. 20 (b)(1) A city, a municipality, or an incorporated town collecting a 21 gross receipts tax on prepared food or hotel and motel accommodations under 22 §_26-75-602 — 26-75-613 and located in a county authorized to sell alcoholic 23 beverages may by ordinance create a designated entertainment district. 24 (2) A designated entertainment district may be permanent or 25 temporary. 26 (3)(A) A city, a municipality, or an incorporated town that 27 creates a designated entertainment district under this section shall set by 28 ordinance reasonable standards for the regulation of alcohol possession 29 within the boundaries of the designated entertainment district. 30 (B) An ordinance enacted under this subsection does not 31 diminish the requirements of the Alcoholic Beverage Control Division 32 concerning permits issued within the designated entertainment district. 33 (4) A city, a municipality, or an incorporated town that creates 34 a designated entertainment district under this section shall notify the 35 division within ten (10) days of the issuance or removal of a permanent or 36 temporary designation as a designated entertainment district. 2 03-28-2019 10:51:42 BPG340 As Engrossed: H3/28/19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PAa 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SB492 Is/T. Garner APPROVED: 4/9/19 3 03-28-2019 10:51:42 BPG340 L� Z CC ` W aAY El TE V I Experience Fayetteville - 21 S. Block Ave. Fayetteville, Arkansas 72701 - 479-521-5776 December 28, 2020 Fayetteville City Councilmembers, I am writing today in support of removing the sunset provision of the city's Outdoor Refreshment Area, or ORA, in hopes that we continue to provide an open -consumption district, both for our residents and visitors who come to Fayetteville to enjoy our city and its offerings. I believe the ORA has not only been a successful new attraction, but more importantly has already proven itself to be a great boost to our local economy — and in an environmentally responsible way. Since late July, 60 eligible businesses within the district have signed on to participate in the ORA program, giving it a 95% participation rate. During this time, more than 170,000 cups have been sent to participating program partners, all of which are biodegradable. By undertaking this initiative at no cost to businesses, the city has had more than one million dollars in direct sales impact on ORA businesses. If we assume that the average price each time an ORA cup is used is $8, that totals nearly $1.4 million in taxable sales. For some of our bars and restaurants, sales from ORA drinks have represented up to 70% of their overall revenue. Even more remarkably, this successful endeavor was launched during a time in which we had to watch many of our cherished local restaurants and favorite events struggle if not close entirely. Because of the ORA, restaurants were more easily able to provide outdoor dining and stay afloat. Places like George's Majestic Lounge and Fayetteville Roots HQ, as well as Experience Fayetteville, have been able to host safe, open-air events that attracted both locals and guests. I wholeheartedly believe the ORA has helped our city and its businesses in the downtown area during the worst of times, and it will only enhance future tourism events, such as NWA Pride and First Thursday Fayetteville. Tourism will help us bounce back from this pandemic, and the ORA has proven itself to be a great asset in attracting commerce and helping create opportunities to showcase our beautiful city and all that makes it unique. Molly Rawn, CEO Fayetteville Advertising & Promotion Commission INDEPENDENT RESTAURANT A L L I A N C E December 28, 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 making the Outdoor Refreshment Areas permanent for our Fayetteville businesses. We have seen great success in the launching of this program and have heard that there have been no issues in providing this opportunity to our businesses. ORA has allowed businesses to safely generate revenue by offering drinks for guests waiting to be admitted into the building or waiting on a table and has created extended marketing opportunities to sell drinks to guests that feel safer supporting our local businesses outdoors. While state requirements set our allowed occupancy at 66%, we see many businesses struggle against impossible odds to fill enough seats while maintaining a six foot distance between parties. Dedication to enforcing social distancing requires a massive investment in labor to maintain and most of our occupancy percentages settle between 25-40%. The Outdoor Refreshment Area allows our patrons to support us without gathering in our spaces — which is essential during a pandemic. The Outdoor Refreshment Area has been a tremendous relief for our industry for obvious reasons, and it seems that our guests have also been excited about the program! It has been reported that over 170,000 cups have been provided to the program since the third week of July. We have seen firsthand it's success at multiple events such as Experience Fayetteville pop - ups, George's outdoor shows, and it has provided a steady stream of foot traffic for Holidaze at the Walton Arts Center. We hope this opportunity that has provided relief to us during this challenging season will continue to be available to us for the foreseeable future. Thank you for your time and consideration, Fayetteville Independent Restaurant Alliance — Board of Directors Reese Roberts, Hannah Withers, Chrissy Sanderson, Elliot Hunt startup junkie December 17, 2020 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Purpose: Letter of Support for making the Outdoor Refreshment Area Permanent 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. Beyond the increased vibrance and quality of life improvement that the Outdoor Refreshment Area brings to the City, it provides existential support to the local businesses that we all love. By not making the ORA permanent, we will hurt our local economy, local entrepreneurs, and local small businesses owners that we all cherish. Let this letter of support make it clear that we support making the Outdoor Refreshment Area PERMANENT, as it is CRITICAL to the economic future of Fayetteville. Regards, �:kVT GiJeam CHAMBERAYET'TELLE December 23, 2020 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan and Council Aldermen, I write to express my full support for making the Outdoor Refreshment Area permanent. This has created an energetic feel to our downtown are and has increased business for our merchants in the area. This is the type of idea that does add to our ability to recruit business to come to the city. We must have a city that has a vibrant downtown social life to continue to remain competitive and expand. The entertainment district has increased the use and visitation of our historic downtown and has driven an increase in local commerce. As people continue to move to the area, we must ensure that our city remains competitive in terms of entertainment. A diverse mix of businesses, services, and entertainment venues is vital to building a downtown area that can compete with other cities for the entertainment crowd. We need all the tools available and the entertainment district is a tool that other cities in the region currently do not have. This is a must have to keep the City of Fayetteville competitive. Entertainment districts are being planned or are operating throughout Arkansas. The goal is to revitalize downtown areas and generate much -needed tax revenues. These districts also increase a cities' work -life balance. The Chamber believes that now is the time to make our entertainment district permanent. If there are any questions about the impact this will have on the area, please feel free to reach out. ThanNC:T2 on, Steve President and Chief Exectutive Officer Fayetteville Chamber of Commerce 21 W, Mountain St., Ste. 300 72701 Dear Mayor and City Council, My name is Mervin Jebaraj and I am a resident of Ward 2. Ever since the state legislature authorized the Outdoor Refreshment Areas, I have been looking forward to enjoying one in Fayetteville. While the Outdoor Refreshment Area in Fayetteville came as a response to COVID-19, I think there are great reasons to make it permanent for our downtown area. As regular customers of downtown establishments, my friends and I have really enjoyed having the ability to enjoy alcoholic beverages from our favorite establishments in the beautiful surrounds of the downtown area. Customers who wish to drink indoors will continue to do so, but for those that wish to be in less crowded settings or who wish to enjoy the usually great weather, the Outdoor Refreshment Area will serve as a great option. As we complete our Arts Corridor, arts organizations will be able to activate the outdoor areas downtown with cultural offerings to residents who will be able to get alcoholic beverages from our restaurants and bars. Families and friends can also take advantage of the outdoor spaces for small gatherings and picnics with food and drink from area restaurants and bars. Finally, festivals, events, and parades will also greatly benefit from the seamless ability of patrons to get alcoholic beverages while enjoying the Block Street Block Party, Joe Martin Stage Race, the Pride Parade, Lights of the Ozarks, and other such events. While visiting Savannah, Georgia in 2019 (which has a large outdoor refreshment area in a college town), I spoke to several bartenders about their ORA who said they neither noticed a drop in business from the ORA nor an increase in disorderly conduct outside their establishments. I wholeheartedly support making our own ORA permanent, to continue add to what makes our downtown vibrant and cool. Mervin Jebaraj 317 W North St NORTHWEST ARKA s,&s ap DemOC� waxette P C. 3CX !COI. FA "ETTE :ILLE, AR, 727C2 • 479-4 :2-1'0C - F�,X 479.595-1113 - Vr'= NWAD&COm AFFIDAVIT OF PUBLICATION 1, 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 6408 Was inserted in the Regular Edition on: January 24, 2021 Publication Charges: $155.04 • S, Brittany Smith Subscribed and sworn to before me This 2S-ay of ja__ , 2021. _ LUZ., Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6408 File Number. 2020-1159 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA BY CONVERTING LIMITED OUTDOOR CONSUMPTION DISTRICT PILOT PROGRAMS TO MORE PERMANENT DISTRICTS SUBJECT TO RULES ESTABLISHED BY THE CITY COUNCIL, AND TO APPROVE AN EMERGENCY CLAUSE WHEREAS, on June 4, 2020, the City i Council approved Ordinance6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, the ordinance contains a sunset provision allowing the Mayor to approve limited outdoor consumption district pilot programs only through January 31, 2021; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff recommends amending the ordinance so that the City Council can establish more permanent districts with such regulations as the City Council deems necessary. 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 removes the sunset provision for limited outdoor consumption district pilot programs and converts them to more permanent districts subject to rules established by the City Council, Section 2: That the City Councit 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. PASSED and APPROVED on 1/19/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75373420 Jan 24, 2021 ALCOHOLIC BEVERAGE CONTROL AGENCY City of Fayetteville Staff Review Form City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 1/27/2021 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Action Recommendation: Division / Department Staff is reccomending approval of authorizing Mayor Jordan to sign the attached letter to the Alcoholic Beverage Control agency, notifying the State of the City Council's extension of the program with ordinance 6408. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # 6408 Approval Date: 01/29/21 CITY OF FAYETTEVILLE Y' ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: January 27, 2021 STAFF MEMO SUBJECT: Mayor Jordan's signature is needed on a letter notifying Alcoholic Beverage Control (ABC) of the three-year extension of the City's downtown Outdoor Refreshment Area. RECOMMENDATION: Staff is recommending approval of authorizing Mayor Jordan to sign the attached letter. BACKGROUND: On January 19, 2021 the City Council unanimously passed ordinance 6408, extending the downtown Outdoor Refreshment Area for three years. Notification of the extension to ABC, in writing, is the final administrative step of compliance with Act 812. DISCUSSION: Given the significant extension of the program, staff was advised by the Assistant City Attorney that the letter should come from Mayor Jordan. Notifying ABC of the extension must be done within ten days of the issuance of the district. ABC must be notified no later than January 29, 2021. Attachments: Letter to ABC Ordinance 6408 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OFFICE OF THE MAYOR January 27, 2021 Via Electronic Mail Director Doralee Chandler Alcoholic Beverage Control Division Doralee.Chandler@dfa.arkansas.gov RE: Notification of Entertainment District Pursuant to Act 812 of 2019 Downtown Fayetteville Outdoor Refreshment Area Extension Dear Director Chandler, Pursuant to Ark. Code Ann. § 14-54-1412(b)(4), I am writing to notify the Arkansas Alcoholic Beverage Control Division of the extension the regularly scheduled Outdoor Refreshment Area in the City of Fayetteville's entertainment district. Following the passage of ordinance 6408 with an emergency clause on January 18, 2021, the outdoor possession and consumption of alcohol within the downtown entertainment district will be permitted between the hours of 10:00 am and 10:00 pm every day. A sunset provision was included so that the ordinance is set to expire on April 30, 2024. The map and rules associated with Outdoor Refreshment Area have not changed and have been attached for your reference. Thank you for your time. If you have any additional questions or need additional information, please do not hesitate to contact the City's Director of Economic Vitality, Devin Howland. He can be reached at 479.575.8221 or via email dhowland@fayetteville-ar.gov. Best gards, Lioneld J rd Mayor Encl. CC: Agent Howard Robinson Susan Norton, Chief of Staff Blake Pennington, Assistant City Attorney Lieutenant Jason French, Fayetteville Police Department City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Ordinance: 6408 File Number: 2020-1159 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § l 1 1.07 OUTDOOR REFRESHMENT AREA BY CONVERTING LIMITED OUTDOOR CONSUMPTION DISTRICT PILOT PROGRAMS TO MORE PERMANENT DISTRICTS SUBJECT TO RULES ESTABLISHED BY THE CITY COUNCIL. AND TO APPROVE AN EMERGENCY CLAUSE 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, the ordinance contains a sunset provision allowing the Mayor to approve limited outdoor consumption district pilot programs only through January 31, 2021; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff recommends amending the ordinance so that the City Council can establish more permanent districts with such regulations as the City Council deems necessary. 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 removes the sunset provision for limited outdoor consumption district pilot programs and converts them to more permanent districts subject to rules established by the City Council. Page 1 Primed on 1120121 Ordinance- 6408 File Number 2020-1159 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 vvell 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 1/19/20" 1 Attest: Kara Paxton, City Ck LP f. .,f��.�, �tt�trtit� i►�``, Page 2 Printed on 1/20/21 ALCOHOLIC BEVERAGE CONTROL AGENCY City of Fayetteville Staff Review Form City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Devin Howland 1/27/2021 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Action Recommendation: Division / Department Staff is reccomending approval of authorizing Mayor Jordan to sign the attached letter to the Alcoholic Beverage Control agency, notifying the State of the City Council's extension of the program with ordinance 6408. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # 6408 Approval Date: 01/29/21 CITY OF FAYETTEVILLE Y' ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: January 27, 2021 STAFF MEMO SUBJECT: Mayor Jordan's signature is needed on a letter notifying Alcoholic Beverage Control (ABC) of the three-year extension of the City's downtown Outdoor Refreshment Area. RECOMMENDATION: Staff is recommending approval of authorizing Mayor Jordan to sign the attached letter. BACKGROUND: On January 19, 2021 the City Council unanimously passed ordinance 6408, extending the downtown Outdoor Refreshment Area for three years. Notification of the extension to ABC, in writing, is the final administrative step of compliance with Act 812. DISCUSSION: Given the significant extension of the program, staff was advised by the Assistant City Attorney that the letter should come from Mayor Jordan. Notifying ABC of the extension must be done within ten days of the issuance of the district. ABC must be notified no later than January 29, 2021. Attachments: Letter to ABC Ordinance 6408 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OFFICE OF THE MAYOR January 27, 2021 Via Electronic Mail Director Doralee Chandler Alcoholic Beverage Control Division Doralee.Chandler@dfa.arkansas.gov RE: Notification of Entertainment District Pursuant to Act 812 of 2019 Downtown Fayetteville Outdoor Refreshment Area Extension Dear Director Chandler, Pursuant to Ark. Code Ann. § 14-54-1412(b)(4), I am writing to notify the Arkansas Alcoholic Beverage Control Division of the extension the regularly scheduled Outdoor Refreshment Area in the City of Fayetteville's entertainment district. Following the passage of ordinance 6408 with an emergency clause on January 18, 2021, the outdoor possession and consumption of alcohol within the downtown entertainment district will be permitted between the hours of 10:00 am and 10:00 pm every day. A sunset provision was included so that the ordinance is set to expire on April 30, 2024. The map and rules associated with Outdoor Refreshment Area have not changed and have been attached for your reference. Thank you for your time. If you have any additional questions or need additional information, please do not hesitate to contact the City's Director of Economic Vitality, Devin Howland. He can be reached at 479.575.8221 or via email dhowland@fayetteville-ar.gov. Best gards, Lioneld J rd Mayor Encl. CC: Agent Howard Robinson Susan Norton, Chief of Staff Blake Pennington, Assistant City Attorney Lieutenant Jason French, Fayetteville Police Department City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Ordinance: 6408 File Number: 2020-1159 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § l 1 1.07 OUTDOOR REFRESHMENT AREA BY CONVERTING LIMITED OUTDOOR CONSUMPTION DISTRICT PILOT PROGRAMS TO MORE PERMANENT DISTRICTS SUBJECT TO RULES ESTABLISHED BY THE CITY COUNCIL. AND TO APPROVE AN EMERGENCY CLAUSE 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, the ordinance contains a sunset provision allowing the Mayor to approve limited outdoor consumption district pilot programs only through January 31, 2021; and WHEREAS, based on the success of the Downtown Outdoor Refreshment Area, staff recommends amending the ordinance so that the City Council can establish more permanent districts with such regulations as the City Council deems necessary. 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 removes the sunset provision for limited outdoor consumption district pilot programs and converts them to more permanent districts subject to rules established by the City Council. Page 1 Primed on 1120121 Ordinance- 6408 File Number 2020-1159 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 vvell 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 1/19/20" 1 Attest: Kara Paxton, City Ck LP f. .,f��.�, �tt�trtit� i►�``, Page 2 Printed on 1/20/21