HomeMy WebLinkAboutOrdinance 64690111k-17�
FAYEr,
AKANS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6469
File Number: 2021-0586
AMEND § 97.081 INTOXICATING BEVERAGES:
AN ORDINANCE TO AMEND § 97.081 INTOXICATING BEVERAGES OF THE
FAIETTEbILLE CODE REGARDING POSSESSION AND CONSUMPTION OF
ALCOHOLIC BEVERAGES ON CITY PARK PROPERTY AND TRAILS WITHIN THE
DOWNTOWN OUTDOOR REFRESHMENT AREA, AND TO CLARIFY THAT THE
POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON ANY OTHER
CITY PARK PROPERTY OR TRAIL IS SUBJECT TO SPECIAL EVENT PERMIT APPROVAL
WHEREAS. § 97.081 of the Fayetteville City Code currently prevents the possession and
consumption of alcoholic beverages within city parks without obtaining a special event permit; and
WHEREAS, on June 4, 2020 the Fayetteville City Council established the City's first Outdoor
Refreshment Area (ORA) and the program has operated without issue since its inception, with a 96%
participation rate among businesses, no litter problems, and zero citations issued for violating the rules
of the ORA: and
WHEREAS, currently the only route to the Mill District within the Downtown ORA is South School
Avenue and. while West Avenue and the Razorback Greenway were preferred for safety reasons.
they were not included in the original ORA boundary due to the construction taking place in those
areas; and
WHEREAS, staff also recommends clarifying that the possession and consumption of alcohol on
other City park property or trail outside of the Downtown ORA will only be allowed if the City issues
a special event permit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Page 1 Printed on 8118121
Ordinance. 6469
File Number 2021-0586
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville. Arkansas hereb} amends § 97.081
Intoxicating Beverages by repealing subsection (13)(2) and enacting a new subsection (13)(2) as
follows:
"(2) The Mayor or the Mayor's designee may issue a permit allowing the temporary possession. sale
and consumption of alcoholic beverages in city parks for special events as long as the event sponsors
fully comply with all applicable state and local laws and regulations. including alcoholic beverage
control requirements. The permit may include any conditions necessary to ensure public safety and the
protection of city property."
Section 2: That the City Council of the City of Fayetteville. Arkansas hereby amends § 97.081
Intoxicating Beverages by enacting a new subsection (13)(3) as follows:
"(3) Alcoholic beverages may be possessed or consumed in a city park or other recreational facility
within the Downtown Outdoor Refreshment Area boundaries pursuant to the provisions of § 1 1 1.07 of
the Fayetteville City Code and any additional administrative regulations."
PASSED and APPROVED on 8/17/2021
Attest: It
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Kara Paxton, City Clerk Treasurc!E,:�.
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Page 2 Printed on 8118121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0586
Agenda Date: 8/17/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.5
AMEND § 97.081 INTOXICATING BEVERAGES:
AN ORDINANCE TO AMEND § 97.081 INTOXICATING BEVERAGES OF THE FAYETTEVILLE
CODE REGARDING POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON
CITY PARK PROPERTY AND TRAILS WITHIN THE DOWNTOWN OUTDOOR REFRESHMENT
AREA, AND TO CLARIFY THAT THE POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON ANY OTHER CITY PARK PROPERTY OR TRAIL IS SUBJECT TO SPECIAL
EVENT PERMIT APPROVAL
WHEREAS, § 97.081 of the Fayetteville City Code currently prevents the possession and consumption of
alcoholic beverages within city parks without obtaining a special event permit; and
WHEREAS, on June 4, 2020 the Fayetteville City Council established the City's first Outdoor Refreshment
Area (ORA) and the program has operated without issue since its inception, with a 96% participation rate
among businesses, no litter problems, and zero citations issued for violating the rules of the ORA; and
WHEREAS, currently the only route to the Mill District within the Downtown ORA is South School Avenue
and, while West Avenue and the Razorback Greenway were preferred for safety reasons, they were not
included in the original ORA boundary due to the construction taking place in those areas; and
WHEREAS, staff also recommends clarifying that the possession and consumption of alcohol on other City
park property or trail outside of the Downtown ORA will only be allowed if the City issues a special event
permit.
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 § 97.081 Intoxicating
Beverages by repealing subsection (13)(2) and enacting a new subsection (13)(2) as follows:
"(2) The Mayor or the Mayor's designee may issue a permit allowing the temporary possession, sale and
consumption of alcoholic beverages in city parks for special events as long as the event sponsors fully comply
with all applicable state and local laws and regulations, including alcoholic beverage control requirements. The
permit may include any conditions necessary to ensure public safety and the protection of city property."
City of Fayetteville, Arkansas Page 1 Printed on 811812021
File Number: 2021-0586
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.081 Intoxicating
Beverages by enacting a new subsection (B)(3) as follows:
"(3) Alcoholic beverages may be possessed or consumed in a city park or other recreational facility within the
Downtown Outdoor Refreshment Area boundaries pursuant to the provisions of § 111.07 of the Fayetteville
City Code and any additional administrative regulations."
City of Fayetteville, Arkansas Page 2 Printed on 811812021
City of Fayetteville Staff Review Form
2021-0586
Legistar File ID
8/17/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 7/28/2021 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approve an amendment to Section 97.081 of the City Code to allow possession and consumption of alcoholic
beverages on City park property and trails within the Downtown Outdoor Refreshment Area, and to clarify that the
possession and consumption of alcoholic beverages on any other City park property or trail is subject to special
event permit approval and all applicable state and local laws and regulations.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 17, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: July 29, 2021
CITY COUNCIL MEMO
SUBJECT: Amending Ordinance 97.081 `Intoxicating Beverages' to enable possession
and consumption of alcohol in a City park during an approved special event or other
recreational facility within an established Outdoor Refreshment Area.
RECOMMENDATION:
Approve an amendment to Section 97.081 of the City Code to allow possession and
consumption of alcoholic beverages on City park property and trails within the Downtown
Outdoor Refreshment Area, and to clarify that the possession and consumption of alcoholic
beverages on any other City park property or trail is subject to special event permit approval and
all applicable state and local laws and regulations.
BACKGROUND:
On June 4, 2020 the Fayetteville City Council established the City's first Outdoor Refreshment
Area. On January 19, 2021 the Outdoor Refreshment Area was extended for three additional
years, with the current sunset clause ending the program on April 30, 2024. The program has
operated without issue since its inception, with a 96% participation rate among businesses, no
litter problems, and zero citations issued for violating the rules of ORA.
DISCUSSION:
Amending Ordinance 97.081 is needed to accomplish two goals. Currently, the only route to the
Mill District within the Outdoor Refreshment Area is S. School Avenue. While West Avenue
(south of Mountain) and the trail were always preferred, it was not included in the ORA due to
construction taking place in Fay Jones Woods. In anticipation of these improvements being
completed, City staff is planning to bring an amendment to the City Council for consideration
which brings West Avenue and the trail into the ORA program. This revision to ordinance
97.081 is needed to ensure consistency within our code.
The second goal pertains to creating a path for City parks to be included in Special Event Only
Outdoor Refreshment Areas. ORAs can be flexible tools for event organizers to design their
events without the need for beer gardens. Special events in City parks that wish to serve alcohol
are currently required to work with ABC to obtain a `Picnic Permit'. Giving parks an ORA
designation would enable such special events without having to set up special arrangements for
possession and consumption with ABC. Passage of this ordinance does not bring the trail or
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
any City park into an Outdoor Refreshment Area. Separate City Council action would be needed
to add these areas into the Downtown Outdoor Refreshment Area. Separate City Council action
would also be needed to create `Special Events Only Outdoor Refreshment Areas' on other City
park property.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Amendment language
97.081 Intoxicating Beverages
(A) No person in a park shall bring into or consume alcoholic beverages within a
city park, nor shall any person enter a park when under the influence of
intoxicating beverages.
(B) Notwithstanding the above prohibition:
(1) The Botanical Garden Society of the Ozarks may allow alcoholic
beverages to be served on the premises they have leased within the Lake
Fayetteville park area for fundraisers, wedding receptions and other
special events as long as they fully comply with all alcoholic beverage
control requirements.
(2) The Mayor or the Mayor's designee may issue a permit allowing the
temporary possession, sale and consumption of alcoholic beverages in
city parks for special events as long as the event sponsors fully comply
with all pplicable state and local laws and regulations, including alcoholic
beverage control requirements. The permit may include any conditions
necessary to ensure public safety and the protection of city property.
(3) Alcoholic beverages may be possessed or consumed in a city park or
other recreational facility within the Downtown Outdoor Refreshment
Area boundaries pursuant to the provisions of § 111.07 of the Fayetteville
City Code and any additional administrative regulations.
(Supp. No. 21)
Created: 2021-05-06 12:04:51 [EST]
Page 1 of 1
NORUm f AMAWS
Democrat if (Oaxette
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F0 FA'/EI VIL LE .AP 717,02 • ,',9442.1?;0 • � AY 4?g.695.PiB ALvG_`CC?
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6469
Was inserted in the Regular Edition on:
August 22, 2021
Publication Charges: $205.20
Brittany Smith
Subscribed and sworn to before me Cathy Wiles
� Benton COUNTY
This;? dayof , 202�OTARY PUBLIC -- ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Cal-9k I�X)4
Notary Public
My Commission Expires: Z1.4612 !
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6469
File Number: 2021-0596
AMEND § 97.081
INTOXICATING BEVERAGES:
AN ORDINANCE TO AMEND §
97.081 INTOXICATING
BEVERAGES OF THE
FAYETTEVILLE CODE
REGARDING POSSESSION
AND CONSUMPTION OF
ALCOHOLIC BEVERAGES ON
CITY PARK PROPERTY AND
TRAILS WITHIN THE
DOWNTOWN OUTDOOR
REFRESHMENT AREA, AND
TO CLARIFY THAT THE
POSSESSION AND
CONSUMPTION OF
ALCOHOLIC BEVERAGES ON
ANY OTHER
CITY PARK PROPERTY OR
TRAIL IS SUBJECT TO
SPECIAL EVENT PERMIT
APPROVAL
WHEREAS, § 97.081 of the
Fayetteville City Code currently
prevents the possession and
consumption of alcoholic beverages
within city parks without obtaining
a special event permit; and
WHEREAS, on June 4, 2020 the
Fayetteville City Council
established the City's first Outdoor
Refreshment Area (ORA) and the
program has operated without issue
since its inception, with a 960/9
participation rate among
businesses, no litter problems, and
zero citations issued for violating
the rules of the ORA-, and
WHEREAS, currently the only
route to the Mill District within the
Downtown ORA is South School
Avenue and, while West Avenue
and the Razorback Greenway were
preferred for safety reasons, they
were not included in the original
ORA boundary due to the
construction taking place in those
areas; and
WHEREAS, staff also recommends
clarifying that the possession and
consumption of alcohol on other
City park property or trail outside
of the Downtown ORA will only be
allowed if the City issues a special
event permit.
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 § 97.081
Intoxicating Beverages by repealing
subsection (13)(2) and enacting a
new subsection (B)(2) as follows:
"(2) The Mayor or the Mayor's
designee may issue a permit
allowing the temporary possession,
sale and consumption of alcoholic
beverages in city parks for special
events as long as the event sponsors
fully comply with all applicable
state and local laws and regulations,
including alcoholic beverage control
requirements. The permit may
include any conditions necessary to
ensure public safety and the
protection of city property.*
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 97.081
Intoxicating Beverages by enacting
a new subsection (B)(3) as follows:
"(3) Alcoholic beverages may be
possessed or consumed in a city
park or other recreational facility
within the Downtown Outdoor
Refreshment Area boundaries
pursuant to the provisions of §
111.07 of the Fayetteville City Code
and any additional administrative
regulations.*
PASSED and APPROVED on
V17/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the
City Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount
paid: S 205.20
75455802 Aug 22, 2021