ARTICLE I. Sec. 6-1. Adoption of state law.
The definitions, terms and provisions of A.C.A. tit. 3 (A.C.A. § 3-1-101 et seq.) relating to beer, wine and liquors are hereby adopted and made a part of this chapter. Applicants for and holders of permits and other persons shall conform to the regulations set forth in A.C.A. tit. 3 (A.C.A. § 3-1-101 et seq.) and to the provisions of this chapter. Violations of the state laws adopted by this section shall subject the offender, upon conviction, to the penalties prescribed by state law.
(Code 1973, § 4-7)
Sec. 6-2. City personnel prohibited from being involved in obtaining state license.
It is hereby declared to be the policy of the city that no elected official, employee or agent of the city shall ever approve, endorse, recommend, vouch for, aid or assist any person in an application for the issuance of or transfer of a state liquor license to be located within the corporate limits of the city.
(Code 1973, § 4-5)
State law reference(s)--Interest of enforcement officers prohibited, A.C.A. § 3-2-101.
Sec. 6-3. Annual privilege tax.
The business of storing, transporting and/or selling of liquor is hereby declared to be a privilege; for the exercise of the privilege an annual privilege tax is hereby levied as follows:
(1) Wholesaler's permit . . . . $ 500.00
(2) Retail dispenser's permit . . . . 250.00
(Code 1973, § 4-10)
State law reference(s)--Cities may license and tax but license fee limited to one-half of state, A.C.A. § 3-4-202; wholesalers permits, A.C.A. § 3-4-605; retailers, A.C.A. § 3-4-604.
Sec. 6-4. Hours of sale.
(a) Except for "private clubs" and large attendance facility permit holders, as defined in section 6-5 no person, firm, club, either public or private, corporation or association doing business in the city by virtue of a permit issued under this chapter or by virtue of a charter from the state shall permit to be consumed any beverages on the licensed premises between the following hours of each day of each week: Between the hours of 11:00 p.m. Monday to 7:00 a.m. Tuesday, between the hours of 11:00 p.m. Tuesday and 7:00 a.m. Wednesday; between the hours of 11:00 p.m. Wednesday and 7:00 a.m. Thursday; between the hours of 11:00 p.m. Thursday and 7:00 a.m. Friday; between the hours of 11:00 p.m. Friday and 7:00 a.m. Saturday; and between the hours of 12:00 a.m. Sunday and 7:00 a.m. Monday.
(b) No person or group shall sell, offer for sale or give away any package liquor, beer or wines between the following hours of each day of each week as follows: From midnight to 7:00 a.m. each day except Sunday, on which sale is prohibited except in private clubs and a large attendance facility holding an alcohol beverage control permit, as defined in section 6-5.
(Code 1973, § 4-4; Ord. No. 3340, § 1, 6-24-03)
State law reference(s)--Police power of city recognized, A.C.A. § 3-9-205.
Sec. 6-5. Consumption of alcoholic beverages in private clubs and places holding a large attendance facility permit; hours.
(a) Definition. For purposes of this section, a private club is defined by A.C.A. § 3-9-202 and large attendance facility permit means a facility holding such a permit from the Alcohol Beverage Control (ABC).
(b) Hours. It shall be unlawful for the owner, operator or any employee of a private club to serve or permit the consumption of mixed drinks, beer or wine on the premises of such private club between the hours of 2:00 a.m. and 10:00 a.m. on any day. It shall be unlawful for the owner, operator or any employee of a facility holding a large attendance facility permit to serve or permit the consumption of mixed drinks, beer or wine on the premises of such large attendance facility between the hours of 2:00 a.m. and 10:00 a.m. on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday, and at any time on Sunday after 2:00 a.m.
(Code 1973, § 4-17(a), (b); Ord. No. 3340, § 1, 6-24-03; Ord. No. 3385, 9-23-03)
Editor's note--Ord. No. 3340, § 1, adopted June 24, 2003, changed the title of § 6-5 from "Consumption of alcoholic beverages in private clubs; hours" to "Consumption of alcoholic beverages in private clubs and places holding a large attendance facility permit; hours." The historical notation has been preserved for reference purposes.
State law reference(s)--City authority not limited by statutory provisions, A.C.A. § 3-9-205.
Sec. 6-6. Penalty.
Any person convicted of violating this chapter shall be punished up to the maximum provided in A.C.A. § 3-9-204, if applicable; otherwise, as provided in section 1-9 for each violation. For purposes of this section, it is considered a separate violation for each person served or permitted to consume alcoholic beverages during the prohibited hours as set out in this chapter.
(Code 1973, § 4-17(c))
Secs. 6-7--6-30. Reserved.
ARTICLE II. Sec. 6-31. Application for permit to engage in business.
(a) Before any person shall engage in the wholesale or retail beer, wine, liquor and/or malt liquor business in the city an application shall be made to the city clerk for a permit. The application shall be in writing and sworn to and shall contain the following information:
(1) The name and address of applicant.
(2) Name and address of all persons holding or having an interest in such business for which a permit is sought.
(3) The proposed location and address of such business.
(4) A copy of applicant's current state license.
(5) A permit fee of $20.00.
(b) (1) Immediately following the end of each calendar year, the city clerk shall obtain from all wholesale beer distributors, documentation reflecting said distributors sales to each separate place of business in the City of Springdale, Arkansas.
(2) As soon as practical upon receipt of said documentation, the city clerk shall compute the tax owed by each place of business by adding 20 percent to the wholesale purchases of each place of business. This sum shall then be reduced by $2,000.00 and then multiplied by 0.002, which amount shall represent the tax due.
(3) Upon completion of the above set out computation, the clerk shall promptly send to each place of business, by certified mail, return receipt requested, the amount of the tax owed.
(Code 1973, §§ 4-1, 4-8(2); Res. No. 6-75, 2-11-75)
Cross reference(s)--Businesses, ch. 26.
State law reference(s)--Similar provisions, A.C.A. § 3-4-101; authority to license, A.C.A. § 3-4-202.
Sec. 6-32. Restriction on premises.
No new liquor, beer or wine permits shall be issued to, nor shall any outstanding liquor, beer or wine permit be transferred to any person wherein the permitted premises of such liquor, beer or wine permittee is operated as a part of the profit making business of any drug, grocery, sporting goods, dry goods, hardware or general mercantile store, or any other business unrelated to the sale of liquor, beer or wine with the exception of restaurants where beer, wine or liquor is consumed by the drink with food on those premises.
(Code 1973, § 4-16; Ord. No. 3440, § 1, 1-14-04)
Cross reference(s)--Health and sanitation, ch. 54; planning, ch. 90.
State law reference(s)--Similar provisions, A.C.A. § 3-4-218.
Sec. 6-33. Penalty.
Any person violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1-9.
(Code 1973, § 4-6)
State law reference(s)--Violations and penalties generally, A.C.A. § 3-4-401 et seq.
Secs. 6-34--6-60. Reserved.
ARTICLE III. DIVISION 1. Secs. 6-61--6-80. Reserved.
DIVISION 2. Sec. 6-81. Sale to minors prohibited.
It shall be unlawful for any person under the age of twenty-one (21) years to attempt to purchase or otherwise obtain any alcoholic beverage from a retail dealer who sells such beverages for off premises consumption or from a public tavern, restaurant, private club, or other establishment that sells such beverages for on or off premises consumption.
(Ord. No. 2211, § 1, 8-10-93)
Sec. 6-82. Penalty.
Any person convicted of violating this division shall be punished by a fine of not less than $100.00 and not more than $500.00, or double that sum for each repetition of this offense.
(Ord. No. 2211, § 2, 8-10-93)
Sec. 6-83. Arrest without warrant.
A law enforcement officer as defined under Arkansas law may issue a citation without arrest upon probable cause for believing the suspect has committed the offense of attempting to purchase or otherwise obtain an alcoholic beverage. Sufficient probable cause may be established by the written affidavit of the owner, operator, or an employee of a public establishment or private club where alcoholic beverages are sold or dispensed for off premises or on premises consumption, to the law enforcement officer that the affiant has observed the person accused committing the offense of attempting to purchase or otherwise obtain an alcoholic beverage.
(Ord. No. 2211, § 3, 8-10-93)
Sec. 6-84. Notice.
The manager of any public establishment which sells alcoholic beverages for on premise or off premise consumption, and the manager of any private club which serves alcoholic beverages for on premises consumption shall be required to post in a conspicuous place a notice stating:
"NOTICE TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE: PROHIBITIONS." It shall be unlawful for any person purchase or otherwise obtain any alcoholic beverage from a retail dealer who sells such beverages for off-premises consumption or from a public tavern, restaurant, or other establishment which sells such beverages for on-premises consumption."
(Ord. No. 2211, § 4, 8-10-93)
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