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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6553
File Number: 2022-0238
AMEND § 111.06 PROHIBITED ACTIVITIESIWARNING NOTICE:
AN ORDINANCE TO AMEND § 111.06 PROHIBITED ACTIVITIES/WARNING NOTICE IN
CHAPTER I I I ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CITY CODE TO ALIGN
WITH STATE LAW REGARDING THE AGE LIMIT FOR HANDLING AND SERVING
ALCOHOLIC BEVERAGES
WHEREAS, the City Code provides that a person 18 years and older may legally handle and serve
beer and wine if employed by a licensed liquor or beer wholesaler or native winery; and
WHEREAS, Arkansas law allows individuals under the age of 21 to handle and sell alcoholic
beverages in a broader range of locations including grocery stores, restaurants, private clubs, hotels,
and motels; and
WHEREAS, the City Code should be amended to align with state law regarding the age limit for
handling and serving alcoholic beverages to expand employment opportunities for 18, 19, and 20 years
olds in our community.
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 repeals § 111.06(A)(1)(d)
of the Fayetteville City Code and enacts a new § 111.06(A)(1)(d) as follows:
"(d) Except as provided in this subsection, it is unlawful for a wholesaler, retailer, or transporter of
alcoholic beverages to allow an employee or other person under twenty-one (21) years of age to
have anything to do with the selling, transporting or handling of an alcoholic beverage.
(i) With the written consent of a parent or guardian, a person eighteen (18) years of age and
Page 1 Printed on 416122
Ordinance: 6553
File Number. 2022-0238
older may:
(A) Sell or otherwise handle beer and wine at retail grocery establishments; or
(B) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a
licensed native winery to handle alcoholic beverages at the place of business of the
licensed wholesaler or winery.
(ii) A person nineteen (19) years of age and older may sell and handle alcoholic beverages at
a restaurant, private club, hotel, or motel that is licensed for on -premises consumption of
alcoholic beverages under this chapter."
PASSED and APPROVED on 4/5/2022
Attest:
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Kara Paxton, City Clerk Treasurer
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Page 2 Printed on 416M
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0238
Agenda Date: 4/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: D.13
AMEND § 111.06 PROHIBITED ACTIVITIESIWARNING NOTICE:
AN ORDINANCE TO AMEND § 111.06 PROHIBITED ACTIVITIES/WARNING NOTICE IN
CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CITY CODE TO ALIGN WITH
STATE LAW REGARDING THE AGE LIMIT FOR HANDLING AND SERVING ALCOHOLIC
BEVERAGES
WHEREAS, the City Code provides that a person 18 years and older may legally handle and serve beer and
wine if employed by a licensed liquor or beer wholesaler or native winery; and
WHEREAS, Arkansas law allows individuals under the age of 21 to handle and sell alcoholic beverages in a
broader range of locations including grocery stores, restaurants, private clubs, hotels, and motels; and
WHEREAS, the City Code should be amended to align with state law regarding the age limit for handling and
serving alcoholic beverages to expand employment opportunities for 18, 19, and 20 years olds in our
community.
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 repeals § 111.06(A)(1)(d) of the
Fayetteville City Code and enacts a new § 111.06(A)(1)(d) as follows:
"(d) Except as provided in this subsection, it is unlawful for a wholesaler, retailer, or transporter of alcoholic
beverages to allow an employee or other person under twenty-one (21) years of age to have anything to do
with the selling, transporting or handling of an alcoholic beverage.
(i) With the written consent of a parent or guardian, a person eighteen (18) years of age and older
may:
(A) Sell or otherwise handle beer and wine at retail grocery establishments; or
(B) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed
native winery to handle alcoholic beverages at the place of business of the licensed wholesaler
or winery.
(ii) A person nineteen (19) years of age and older may sell and handle alcoholic beverages at a
restaurant, private club, hotel, or motel that is licensed for on -premises consumption of alcoholic
beverages under this chapter."
City of Fayetteville, Arkansas Page 1 Printed on 41612022
File Number: 2022-0238
City of Fayetteville, Arkansas Page 2 Printed on 4/6/2022
Legistar ID No.: 2022-0238
AGENDA REQUEST FORM
FOR: Council Meeting of April 5, 2022
FROM: Mayor Lioneld Jordan
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 111.06 PROHIBITED ACTIVITIES/WARNING
NOTICE IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CITY
CODE TO ALIGN WITH STATE LAW REGARDING THE AGE LIMIT FOR
HANDLING AND SERVING ALCOHOLIC BEVERAGES
APPR ED FORR ENDA:
A
Mayor aronel Jordan
Asst. City Attorney Blake Pennington
Approved as to form
t 112. z-
Date
/ 11 / Z2—
Date
ORDINANCE NO.
AN ORDINANCE TO AMEND § 111.06 PROHIBITED ACTIVITIES/WARNING NOTICE
IN CHAPTER 111 ALCOHOLIC BEVERAGES OF THE FAYETTEVILLE CITY CODE TO
ALIGN WITH STATE LAW REGARDING THE AGE LIMIT FOR HANDLING AND
SERVING ALCOHOLIC BEVERAGES
WHEREAS, the City Code provides that a person 18 years and older may legally handle and
serve beer and wine if employed by a licensed liquor or beer wholesaler or native winery; and
WHEREAS, state law allows individuals under the age of 21 to handle and sell alcoholic
beverages in a broader range of locations including grocery stores, restaurants, private clubs,
hotels, and motels; and
WHEREAS, the City Code should be amended to align with state law regarding the age limit for
handling and serving alcoholic beverages to expand employment opportunities for 18, 19, and 20
years olds in our community.
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 repeals
§ 11 1.06(A)(1)(d) of the Fayetteville City Code and enacts a new § 111.06(A)(1)(d) as follows:
"(d) Except as provided in this subsection, it is unlawful for a wholesaler, retailer, or transporter
of alcoholic beverages to allow an employee or other person under twenty-one (21) years of age
to have anything to do with the selling, transporting or handling of an alcoholic beverage.
(i) With the written consent of a parent or guardian, a person eighteen (18) years of age
and older may:
(A) Sell or otherwise handle beer and wine at retail grocery establishments; or
(B) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or
by a licensed native winery to handle alcoholic beverages at the place of business
of the licensed wholesaler or winery.
(ii) A person nineteen (19) years of age and older may sell and handle alcoholic beverages
at a restaurant, private club, hotel, or motel that is licensed for on -premises consumption
of alcoholic beverages under this chapter."
PASSED and APPROVED this
APPROVED:
IIn
LIONELD JORDAN, Mayor
day of , 2022.
ATTEST:
an
KARA PAXTON, City Clerk/Treasurer
L14
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
FROM: Blake Pennington, Assistant City Attorn
THRU: Kit Williams, City Attorney
DATE: February 22, 2022
RE: Age Limit for Serving Alcohol
Kit Williams
Cily Atlorrrcy
Blake Pennington
Assistvrit City Attornt,r
Jodi Batkei
Pnrale l!
A paralegal with Darden Restaurants, the owner of Olive Garden and Longhorn
Steakhouse, raised an issue this morning that we wanted to bring to your attention.
In 1999, the Arkansas General Assembly amended the state's alcohol laws to allow
a person 18 years of age or older to handle beer and wine at a retail grocery store
and handle or serve alcohol if employed by a licensed liquor or beer wholesaler or
native winery as long as they were serving at their employer's place of business.
In response, the City Council amended § 111.06 to mirror the language regarding
wholesalers and native wineries but made no such provision for grocery stores.
This is likely because the Fred Hanna administration and the retail liquor store
owners opposed any sale of beer or wine in grocery stores.
The Fayetteville City Code actually banned the sale of beer and wine in grocery
stores despite an Attorney General's opinion that such a ban violated state law. The
City Council in the late 1990s repealed the ban to comply with state law but, after
Kit left office, Mayor Hanna convince the next City Council to reenact the ban.
After Kit became City Attorney, he found out about the re -banning of the sale of
beer and wine out of grocery stores and requested such ban be again repealed. The
Chief of Police had wanted to keep beer and wine out of grocery stores so the age
limit might been put in place as a compromise.
Age Limit for Serving Alcohol
In 2003, the Arkansas General Assembly adopted another amendment allowing a
person 19 years of age or older to handle and sell alcoholic beverages at
restaurants, private clubs, hotels, and motels that are licensed for on -premises
consumption.
Fayetteville has never adopted the 2003 statutory change in the City Code. It is
possible some employers may not be aware that the City Code does not match state
law. However, assuming employers are following the City's additional restrictions,
we are limiting the employment opportunities of 18, 19 and 20 year old residents
who would otherwise be qualified under state law to handle and serve alcohol at
work. It is our recommendation that we submit an amendment for City Council
consideration that mirrors Ark. Code Ann. § 3-3-204 (attached for your reference)
so that § 111.06(A)(1)(d) of the City Code reads as follows:
"(d) Except as provided in this subsection, it is unlawful for a wholesaler,
retailer, or transporter of alcoholic beverages to allow an employee or other
person under twenty-one (21) years of age to have anything to do with the
selling, transporting or handling of an alcoholic beverage.
(i) With the written consent of a parent or guardian, a person eighteen
(18) years of age and older may:
(A) Sell or otherwise handle beer and wine at retail grocery
establishments; or
(B) Be employed by a licensed liquor wholesaler or licensed beer
wholesaler or by a licensed native winery to handle alcoholic
beverages at the place of business of the licensed wholesaler
or winery.
(ii) A person nineteen (19) years of age and older may sell and handle
alcoholic beverages at a restaurant, private club, hotel, or motel that is
licensed for on -premises consumption of alcoholic beverages under this
chapter."
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A. CA_ t 3-3-1 fl4
Current through all acts of the 2021 Regular Session, First Extraordinary Session, Extended Session, and
Second Extraordinary Session, including corrections and edits by the Arkansas Code Revision
Commission
AR - Arkansas Code Annotated > Title 3 Alcoholic Beverages > Chapter 3 Prohibited Practices > Subchapter
1— Particular Practices Prohibited
3-3-204. Handling by minor.
(11) Except as provided in subsection (b) or subsection (c) of this section, it is unlawful for a
wholesaler, retailer, or transporter of alcoholic beverages to allow an employee or any other person
under twenty-one (2 1) years of age to have anything to do with the selling, transporting, or
handling of an alcoholic beverage.
(b) With the written consent of a parent or guardian, a person eighteen (18) years of age and older
may:
(1) Sell or otherwise handle beer and wine at retail grocery establishments; or
(2) Be employed by a licensed hgitor wholesaler or licensed beer wholesaler or by a licensed
native winery to handle alcoholic beverages at the place of business of the licensed wholesaler
or winery.
(c) A person nineteen (19) years of age and older may sell and handle alcoholic beverages at a
restaurant, private club, hotel, or motel that is licensed for on -premises consumption of alcoholic
beverages under this chapter.
(d) (1) A person who violates this section is guilty of a violation and upon conviction shall be
fined not less than ten dollars ($1().()0) nor more than one hundred dollars ($100).
(2) The violation shall be grounds for suspension, cancellation, or revocation by the Director
of the Alcoholic Beverage Control Division of any permit issued to the person by the director.
Hlsto
Acts 1969, No, 129, §§ 1, 2; 1983, No. 527, § l; A.S.A. 1947, §§ 48-903.2, 48-903.3; Acts 1987, No. 515,
§ 1; llcl>, i�u._I1CiI_.�1; '(lU.l._Nr� I55 .��_�.; �Ofl_�; No._1807 _;'f1.f15, N��. 199! 3�: '' ;
§'_l; 2 J_J)o, 527,_§2.
Annotations
Notes
2/22/2022, 1:31 PM
of 3