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Home My WebLink AboutOrdinance 6470113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6470 File Number: 2021-0588 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 1 1 1.07 OUTDOOR REFRESHMENT AREA TO CREATE THE CENTENNIAL PARK OUTDOOR REFRESHMENT AREA WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322. pursuant to Act 812 of 2019. which established the City's first entertainment district permitting alcohol possession in outdoor public spaces: and WHEREAS. staff recommends creating the Centennial Park Outdoor Refreshment Area as a way to provide a pathway for possession and consumption of alcoholic beverages at special events held at the park without participants being restricted to a small fenced area. 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 subsection (B) of § 1 1 1.07 - Outdoor Refreshment Area of the Fayetteville City Code by expanding the list of open consumption districts to include "(3) Centennial Park Outdoor Refreshment Area" and adopting the map attached to the staff memo as Exhibit I. Section 2: 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 new subsection (F) as follows and renumbering the subsequent sections accordingly: "(F) Conditions for Consumption gf'Alcoholir Beverages in the Centennial Park Outdoor Refi-eshtnentArea. The possession and consumption of alcoholic beverages within the Page 1 Printed on 8118121 Ordinance: 6470 File Number: 2021-0588 Centennial Park Outdoor Refreshment Area is prohibited except during special events that have received a permit from the City pursuant to § 97.081(13)(2) of the Fayetteville Code. subject to the following additional regulations: ( I ) It shall be unlawful for a person to distribute alcohol obtained from a vendor within the Centennial Park Outdoor Refreshment Area to anv other individual. (2) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased or obtained outside of the Centennial Park Outdoor Refreshment Area. (3) Container types. visible identifiers, and specific boundaries for sale. possession, and consumption may be addressed in the special event permit; however, no container in which an alcoholic beverage is dispensed within the Centennial Park Outdoor Refreshment Area shall exceed sixteen (16) fluid ounces in size. PASSED and APPROVED on 8/17/2021 Attest: �011111 f r f e ff" GOER KT� +C'� •' C1TY0 ' F Kara Paxton, City Clerk TreasA Cf NC Page 2 Printed on 8118121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0588 Agenda Date: 8/17/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO CREATE THE CENTENNIAL PARK OUTDOOR REFRESHMENT AREA WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, staff recommends creating the Centennial Park Outdoor Refreshment Area as a way to provide a pathway for possession and consumption of alcoholic beverages at special events held at the park without participants being restricted to a small fenced area. 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 subsection (B) of § 111.07 - Outdoor Refreshment Area of the Fayetteville City Code by expanding the list of open consumption districts to include "(3) Centennial Park Outdoor Refreshment Area" and adopting the map attached to the staff memo as Exhibit 1. Section 2: 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 new subsection (F) as follows and renumbering the subsequent sections accordingly: "(F) Conditions for Consumption of Alcoholic Beverages in the Centennial Park Outdoor Refreshment Area. The possession and consumption of alcoholic beverages within the Centennial Park Outdoor Refreshment Area is prohibited except during special events that have received a permit from the City pursuant to § 97.081(B)(2) of the Fayetteville Code, subject to the following additional regulations: (1) It shall be unlawful for a person to distribute alcohol obtained from a vendor within the Centennial Park Outdoor Refreshment Area to any other individual. (2) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased or obtained outside of the Centennial Park Outdoor Refreshment Area. (3) Container types, visible identifiers, and specific boundaries for sale, possession, and City of Fayetteville, Arkansas Page 1 Printed on 811812021 File Number: 2021-0588 consumption may be addressed in the special event permit; however, no container in which an alcoholic beverage is dispensed within the Centennial Park Outdoor Refreshment Area shall exceed sixteen (16) fluid ounces in size. City of Fayetteville, Arkansas Page 2 Printed on 811812021 City of Fayetteville Staff Review Form 2021-0588 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: Approval of an ordinance designating a portion of Centennial Park as a 'Special Event Only Outdoor Refreshment Area pursuant to section 111.07 of City code. 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 28, 2021 CITY COUNCIL MEMO SUBJECT: An Ordinance creating a special event only Outdoor Refreshment Area on a portion of Centennial Park RECOMMENDATION: Staff is recommending approval of an ordinance designating a portion of Centennial Park as a `Special Event Only Outdoor Refreshment Area' (ORA). BACKGROUND: This item is being presented to the Parks and Recreation Advisory Board on Monday, August 2, 2021. We arrived at this recommendation after close collaboration with Experience Fayetteville, who recognized early that this ordinance was needed to maximize the potential of the wonderful asset that is Centennial Park. DISCUSSION: This ordinance is being proposed by City staff to give event organizers surety on alcohol possession and consumption during special events in Centennial Park. Just like Section 111.07 of the City's code, this ordinance does not regulate the serving of alcohol. Future special events that wish to serve alcohol in Centennial Park are required to work with the Alcoholic Beverage Control to obtain a picnic permit for the event. Without the event area being designated as a `special events ORA,' the event organizer would be required to identify a specific area in which alcohol could be consumed (beer garden) and annotate the boundary with signage. Given the expansive trails and large event area on top of the park, an ORA designation would give event organizers a great deal of flexibility when planning their event. Such a designation would also shift coordination of where alcohol could be consumed from the State to the City. WHAT THE SPECIAL EVENTS ONLY ORA DESIGNATION ENABLES: • Gives event organizers the option to request open consumption and possession of alcohol (purchased from an ABC -approved picnic permit) during their events in an area much broader than a `beer garden;' Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 G�aa oic W pW\ c LY ae providence Of a Ix z N D, N S01itude� a S 0 v W Maclura N;ay .S.,, ^Dille Ln ; PMSI i,d e Trl O`MO4n � �aF Utz IN Technology pray ' .IL W RUQ.,dge Ln YJ Lilac Dr N r p nardra St41-0 :- J J tt 41 �.t. O a c d to Vl Gas enia Ds 2� (� rn 0 690 1,380 Feet in Hahn�t City of Fayetteville, AR I I i I I I I towels 0 Centennial Park ORA t 0Map Created: 7/28/2021 0 Path: G:\GIS2\Projects\2020\DORA\AII_ORA.aprx Exhibit 1 Centennial Park Special Events Only Outdoor Refreshment Area Fayetteville, AR A CITY OF W9% FAYETTEVILLE ARKANSAS The data contained herein was compiled from venous sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it se Any use of the data by anyone other than the City of Fayetteville is al the sole nsk of the user, and by acceptance of this data, the user ticos hereby agme to -indemnify in. City of Fayeftevlle antl hold the City of Fayeftev lle harmless hom antl f of h.ludhly, for any clams artmns, cost for damages of any nature iincludingthe ity cost of defense weeded by user or by another am mg from the use of this data. The City of Fayetteville makes no express or implied warantees with reference to the data. No word, phrase, or clause fountl hmein shall be construed to waive that tort immunity set Roth under Arkansas law- o Event organizers would have to request this during their special -event permit application, which would be reviewed by City staff, the Fayetteville Police Department, and Mayor Jordan; o During the special -event permit application, all details will be worked out such as cup designation, visible identifiers, and the area where consumption and possession of alcoholic beverages would be allowed. WHAT THE SPECIAL EVENTS ONLY ORA DOES NOT ALLOW: • Alcoholic beverages to be brought into the park; • Alcoholic beverages to be consumed during a special event that were not purchased from an ABC -approved picnic permit vendor for the special event; • Possession and consumption of alcohol outside of approved special events; • There are no provisions in this ordinance for possession and consumption in sidewalk cafes or parklets; • This ordinance does not have a provision for an `open consumption district' that is active in Downtown. In summary, this ordinance gives event organizers the opportunity to request that alcoholic beverages be allowed to be consumed in their event area during the event. It provides a legal path to eliminate the requirement for beer gardens or smaller designated drinking areas. BUDGET/STAFF IMPACT: N/A Attachments: Boundary Map Letter of Support from Experience Fayetteville Letter of Support from the Fayetteville Chamber of Commerce ...................................... ...................................... ...................................... ...................................... ...................................... EXPERIENCE ...................................... July 28, 2021 Dear Mayor Jordan and City Council, FAY On behalf of Experience Fayetteville, I am sharing my wholehearted support of designating Centennial Park as its own entertainment district. Already poised to be a dynamic 11TE economic engine for our city and region, designating the park as an entertainment district will further fuel its tourism value. V L I understand that some in the community and on the city council may have concerns about allowing open container alcoholic beverages within the park. To allay those fears, we support a special entertainment district designation that is activated only during special events that have gone through the established approval process. Outside such events, open containers of these beverages would remain prohibited. Molly Rawn CEO As many of you know, in January, Fayetteville will host the UCI T 479.879.1620 2022 Cyclo-Cross World Championships, drawing athletes, spectators and media from around the world for a multi -day mrawn@ event. The direct spend associated with this event is estimated experiencefayetteville.com to exceed $3.6 million. This is just one example of the type of 21 South Block Ave #100 high -profile event we expect to host at the park. Passage of an Fayetteville, AR 72701 ordinance creating the Centennial Park Entertainment District T 479.521.5776 F 479.571.4731 would increase the likelihood such events return and strengthen our capacity to recruit future events, generating more revenue for our city. It is the hope and recommendation of Experience Fayetteville that the mayor and city council support this measure. If anyone would like more information or a public presentation, we stand ready to provide it. Respectfully Submitted, PIf1f Molly Rawn CEO Fayetteville Advertising and Promotion Commission Experience Fayetteville CHAMBER July 28, 2021 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 the ordinance to for the establishment of the Centennial Park Outdoor Refreshment Area (ORA). Establishing an entertainment district will create a more energetic feel to our city. This will drive interests and therefore business to our merchants in the area. An added benefit is this will be a strong recruitment tool for business to come to the area. Special event permits are reviewed by a wide range of City staff and Departments, including our Police Department and Mayor Jordan. We believe this program will be managed with the same level of care as the Downtown ORA. This expansive track is not suitable for beer gardens, by establishing an ORA on the property the Chamber feels strongly that it will enhance the experience for attendees. Of particular note is the UCI 2022 Cyclo-cross World Championships and other future racing events. This ORA will significantly be enhanced by the utilization of Act 812 on the property. Entertainment districts are being planned or are operating throughout Arkansas. These districts also increase a cities' work -life balance. The Chamber believes that now is the time to create an entertainment district. If there are any questions about the impact this will have on the area, please feel free to reach out. Thank you for your consideration, Steve Clark President and Chief Exectutive Officer Fayetteville Chamber of Commerce 21 W. Mountain St., Ste. 300 72701 Received 08/10/21 7:41 PM CityClerk From: CityClerk Sent: Wednesday, August 11, 2021 8:00 AM To: Bolinger, Bonnie; Pennington, Blake; Bunch, Sarah; CityClerk; Curth, Jonathan; Eads, Gail; Roberts, Gina; Gutierrez, Sonia; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Kinion, Mark; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton, Susan; Thurber, Lisa; Turk, Teresa Cc: mervinjebaraj@gmail.com Subject: FW: Outdoor Refreshment Area Please see email below. The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Lisa Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk@fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Mervin Jebaraj <mervinjebaraj@gmail.com> Sent: Tuesday, August 10, 20217:41 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Outdoor Refreshment Area CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and City Council members, I am writing to express my strong support for the expansion of the Outdoor Refreshment Area and for making it permanent. Making the ORA permanent will be an important step in allowing business owners to make long-term plans for how they can take advantage of the law and improve experiences for patrons. I would also like to suggest that we expand the hours of the ORA to match the hours of the entertainment district in general. Thank you Mervin Jebaraj Ward 2 Fayetteville ' NORTHWEST ARKA SAS Democrat Gazette NO. S10X 07 FA.+'Ei-P&LE. AR. id02.479•'42•)700 • F4 79.69 r.0 41t,1i.?i'ti:HOv.CON 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 beer 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 6470 Was inserted in the Regular Edition on: August 22, 2021 Publication Charges: $188.48 B 1<, 1 Subscribed and sworn to before me This 2-4 day of G , 2021. Cathy Wiles 0 Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 ommission No. 12397118 Notary Public My Commission Expires: ?holztt **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 6470 File Number: 2021-0588 AMEND § 111.07 OUTDOOR REFRESHMENT AREA: AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO CREATE THE CENTENNIAL PARK OUTDOOR REFRESHMENT AREA WHEREAS, on June 4, 2020, the City Council approved Ordinance 6322, pursuant to Act 812 of 2019, which established the City's first entertainment district permitting alcohol possession in outdoor public spaces; and WHEREAS, staff recommends creating the Centennial Park Outdoor Refreshment Area as a way to provide a pathway for possession and consumption of alcoholic beverages at special events held at the park without participants being restricted to a small fenced area. 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 subsection (B) of § It 1.07 -Outdoor Refreshment Area of the Fayetteville City Code by expanding the list of open consumption districts to include "(3) Centennial Park Outdoor Refreshment Area" and adopting the map attached to the staff memo as Exhibit 1. Section 2: 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 new subsection (F) as follows and renumbering the subsequent sections accordingly: "(F) Conditions for Consumption of Alcoholic Beverages in the Centennial Park Outdoor Refreshment Area The possession and consumption of alcoholic beverages within the Centennial Park Outdoor Refreshment Area is prohibited except during special events that have received a permit from the City pursuant to § 97.081(B)(2) of the Fayetteville Code, subject to the following additional regulations: (1) It shall be unlawful for a person to distribute alcohol obtained from a vendor within the Centennial Park Outdoor Refreshment Area to any other individual. (2) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased or obtained outside of the Centennial Park Outdoor Refreshment Area. (3) Container types, visible identifiers, and specific boundaries for sale, possession, and consumption may be addressed in the special event permit; however, no container in which an alcoholic beverage is dispensed within the Centennial Park Outdoor Refreshment Area shall exceed sixteen (16) fluid ounces in size. PASSED and APPROVED on 8/17/2021 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 188.48 75455808 Aug 22, 2021