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:
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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.
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Exhibit 1
Fayetteville Downtown Outdoor
Refreshment Area
(ORA)
With Zoning - Fayetteville, AR
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FAYETTEVILLE
ARKANSKAAS
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agencies It serves MY use d Ire nale VY alryone Mna IMn Ilia l:iry W F»yenewlw
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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.
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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
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SB492
Is/T. Garner
APPROVED: 4/9/19
3 03-28-2019 10:51:42 BPG340
L�
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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