HomeMy WebLinkAboutOrdinance 6509OF FAYErrF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6509
File Number: 2021-0881
AMEND § 111.07 OUTDOOR REFRESHMENT AREA:
AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO ALLOW
TEMPORARY OUTDOOR REFRESHMENT AREAS THROUGH THE SPECIAL EVENTS
PERMIT PROCESS AND TO DECLARE AN EMERGENCY
WHEREAS, Act 812 of 2019 allows the City to create temporary or permanent entertainment
districts permitting alcohol possession in outdoor public spaces; and
WHEREAS, the City has created three permanent Outdoor Refreshment Areas but has no provisions
for temporary Outdoor Refreshment Areas at special events that occur outside of those permanent
ORAs; and
WHEREAS, the University of Arkansas has requested that the City create a temporary Outdoor
Refreshment Area for "Hogtown on Maple Street" during the November 26th football game, which
will allow the possession of alcoholic beverages without fencing in a small 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 adopting a new
subsection (13)(4) as follows:
"Temporary Outdoor Refreshment Areas may be created in other areas of the City through the special
event permit process in § 72.58(M).
Page 1 Printed on 11/17121
Ordinance: 6509
File Number 2021-0881
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 guidelines issued by the Arkansas
Department of Health and the Fayetteville City Board of Health regarding social distancing. which are
necessary for the public peace as well as the health and safety of Fayetteville residents and visitors.
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 I/16/2021
Attest: \`` IIIIt FfrIf
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Kara Paxton. City Clerk Treasurer
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Page 2 Printed on 11/17121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0881
Agenda Date: 11/16/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
AMEND § 111.07 OUTDOOR REFRESHMENT AREA:
AN ORDINANCE TO AMEND § 111.07 OUTDOOR REFRESHMENT AREA TO ALLOW
TEMPORARY OUTDOOR REFRESHMENT AREAS THROUGH THE SPECIAL EVENTS PERMIT
PROCESS AND TO DECLARE AN EMERGENCY
WHEREAS, Act 812 of 2019 allows the City to create temporary or permanent entertainment districts
permitting alcohol possession in outdoor public spaces; and
WHEREAS, the City has created three permanent Outdoor Refreshment Areas but has no provisions for
temporary Outdoor Refreshment Areas at special events that occur outside of those permanent ORAs; and
WHEREAS, the University of Arkansas has requested that the City create a temporary Outdoor Refreshment
Area for "Hogtown on Maple Street" during the November 26th football game, which will allow the possession
of alcoholic beverages without fencing in a small 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 adopting a new subsection (B)(4) as
follows:
"Temporary Outdoor Refreshment Areas may be created in other areas of the City through the special event
permit process in § 72.58(M).
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 guidelines issued by the Arkansas Department of
Health and the Fayetteville City Board of Health regarding social distancing, which are necessary for the public
peace as well as the health and safety of Fayetteville residents and visitors. 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 1 Printed on 11/17/2021
File Number: 2021-0881
City of Fayetteville, Arkansas Page 2 Printed on 1111712021
City of Fayetteville Staff Review Form
2021-0881
Legistar File ID
11/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 11/4/2021 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
APPROVAL OF AN AMENDMENT TO SECTION 111.07 OF THE CITY CODE TO ENABLE TEMPORARY SPECIAL EVENTS
ONLY OUTDOOR REFRESHMENT AREAS TO BE REQUESTED THROUGHOUT THE CITY AND TO PASS AN EMERGENCY
CLAUSE FOR THE HOGTOWN ON MAPLE STREET SPECIAL EVENT ON NOVEMBER 26TH.
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 NOVEMBER 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: November 4, 2021
CITY COUNCIL MEMO
SUBJECT: AN AMENDMENT TO SECTION 111.07 OF THE CITY CODE TO ENABLE
TEMPORARY SPECIAL EVENTS ONLY OUTDOOR REFRESHMENT AREAS TO BE
REQUESTED THROUGHOUT THE CITY AND TO PASS AN EMERGENCY CLAUSE TO
ALLOW THE UNIVERSITY OF ARKANSAS TO REQUEST A TEMPORARY ORA FOR THE
"HOGTOWN ON MAPLE STREET" SPECIAL EVENT ON NOVEMBER 26T"
RECOMMENDATION:
Staff is recommending approval of an amendment to section 111.07 of the City code to enable
Temporary Special Events Only Outdoor Refreshment Areas in other areas of the City through
the Special Events permitting process. Staff is also recommending approval of an emergency
clause in order to enable Hogtown on Maple Street to utilize this new provision on November
261" for the final home game of the season (pending additional approval of a Special Event
Permit application should this ordinance be approved by the City Council).
BACKGROUND:
The City of Fayetteville has seen responsible and safe utilization of 'ORA Special Events'
throughout the City. Examples include socially distanced concerts in downtown Fayetteville,
First Thursday, and the UCI Cyclo-Cross World Cup races in October of this year. One of the
most notable benefits seen is event patrons no longer congregating in a small area and enjoying
all of the offerings throughout the entire event area.
The City of Fayetteville was approached by Elvis Moya, Associate Athletics Director for the
University of Arkansas inquiring if a `ORA Special Events' provision would be possible for
'Hogtown on Maple Street' for the final home game.
DISCUSSION:
This ordinance is being proposed by City staff to give event organizers the option to request
open consumption and possession of alcoholic beverages (outside of beer gardens) in event
areas throughout the City (in areas which meet the guidelines outlined in Ark. Code Ann. 14-54-
1412). Like the previous ORA ordinances, this ordinance does not regulate the serving of
alcohol in anyway.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
This ordinance amendment would enable the University to request this provision through the
City's Special Events permitting process, as well as all other event organizers throughout the
City of Fayetteville. Each special event request is reviewed on a case -by -case basis by all
applicable City Departments, including the Fayetteville Police and Mayor Jordan. When a
`Temporary Special Events ORA' is approved, the Department of Economic Vitality would notify
the Arkansas Division of Alcoholic Beverage Control, per the requirement in Ark. Code Ann. 14-
54-1412.
WHAT THE SPECIAL EVENTS ONLY ORA DESIGNATION ENABLES:
Gives event organizers the option to request open consumption and possession of
alcohol (purchased from a vendor with an ABC -approved picnic permit) during their
events in an area much broader than a fenced -in `beer garden;'
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
container 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 special event area;
• 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 event areas;
• 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 throughout the City the opportunity to
request that alcoholic beverages be allowed to be consumed in their event area during the
special event (the same entitlement available in the City's three other Outdoor Refreshment
Areas). It provides a legal path to eliminate the requirement for enclosed beer gardens or
smaller designated drinking areas that require event attendees to crowd together.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Letter of Support from Elvis Moya, Associate Athletics Director
F - " I L
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ATHLETICS
11 /4/2021
Dear City of Fayetteville Officials:
Razorback Athletics would like to request that Hogtown on Maple Street be a
temporary special events only Outdoor Refreshment Area.
This event, which takes place on Maple Street between Stadium Drive and
Razorback Road, takes place four hours prior to kick-off before each home
Razorback Football game and lasts until 30 minutes prior to kick-off to allow for
fans to move into the stadium for the game.
Hogtown on Maple Street includes a live band, food trucks, sponsor activations
and pep rally.
Levy is the official concessionaire for Razorback Athletics and coordinates the
beer sales through a small trailer with the license approved by the ABC.
All patrons that arrive to the trailer will be ID'd, wrist banded and provided a
plastic cup with the beverage poured into it.
This request is supported by Hunter Yurachek, Vice Chancellor and Director of
Athletics of Razorback Athletics.
Thank you for your time and consideration.
Elvis Moya
Associate Athletics Director
Community Relations and Fan Engagement
(479) 575-6055
100�1111`
UNIVERSITY OF ARKANSAS DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
FRANK BROYLES ATHLETIC CENTER I POST OFFICE BOX 7777 1 FAYETTEVILLE, AR 72702-7777 1 OFFICE: 479.575.7457 1 FAX: 479.575.4904
NORTHWEST ,,AS
Democrat V Gazette
VC_CX.i`0'..=✓.+cT-.._LE -AA17 ;a;;`YiVtiJID �
3�69_-e18 A
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 6509
Was inserted in the Regular Edition on:
November 21, 2021
Publication Charges: $161.12
Cathy Wiles
Benton COUNTY
41014.RY RUBLIC -ARKANSAS
Brittany mith My Commission Expires 02-20-2024
Commission No, 12397118
Subscribed and sworn to before me
This Zzj day of tJW, 2021.
Lltrk V`'L
Notary Public
My Commission Expires: -�Zo I'Zi
**NOTE** Please; do not pay from Affidavit
Invoice will be sent.
Ordinance: 6509
File Number: 2021-0881
AMEND § 1 11.07 OUTDOOR
REFRESHMENT AREA:
AN ORDINANCE TO AMEND §
11.07 OUTDOOR
REFRESHMENT AREA TO
ALLOW TEMPORARY
OUTDOOR REFRESHMENT
AREAS THROUGH THE
SPECIAL EVENTS PERMIT
PROCESS AND TO DECLARE
AN EMERGENCY
WHEREAS, Act 812 of 2019
allows the City to create temporary
or permanent entertainment
districts permitting alcohol
possession in outdoor public
spaces, and
WHEREAS, the City has created
three permanent Outdoor
Refreshment Areas but has no
provisions for temporary Outdoor
Refreshment Areas at special
events that occur outside of those
permanent ORAs; and
WHEREAS, the University of
Arkansas has requested that the
City create a temporary Outdoor
Refreshment Area for "Hogtown on
Maple Street" during the November
26th football game, which will
allow the possession of alcoholic
beverages without fencing in a
small 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 adopting a new subsection
(B)(4) as follows:
"Temporary Outdoor Refreshment
Areas may be created in other areas
of the City through the special
event permit process in § 72.58(M).
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
guidelines issued by the Arkansas
Department of Health and the
Fayetteville City Board of Health
regarding social distancing, which
are necessary for the public peace as
well as the health and safety of
Fayetteville residents and visitors.
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
11/16/2021
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -
Treasurer of the City of Fayetteville,
Arkansas. Amount paid: $161.12.
75491364 Nov 21, 2021