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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 �♦♦♦may �\ERK Vim•.• C17 } 0�;.9�,''. Kara Paxton, City Clerk Treasurc!E,:�. 9 y 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 1111111111111111101 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