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16439321 1 ORDINANCE NO. 16,439 2 3 AN ORDINANCE TO AMEND CHAPTER 4 OF 4 THE CODE OF ORDINANCES ON ALCOHOLIC 5 BEVERAGES AND LIGHT BEER AND WINE TO CONFORM WITH STATE ALCOHOLIC 6 BEVERAGE CONTROL STATUTES AND 7 REGULATIONS, TO ADD THE MISDEMEANOR 8 PENALTY OMITTED FROM THE 1988 9 ORDINANCE REVISION, TO AMEND THE 10 SURETY BOND REQUIREMENT, DECLARING AN EMERGENCY, AND FOR OTHER 11 PURPOSES. 12 13 WHEREAS, the City Collector's Office is charged with the 14 issuance of city alcoholic beverage permits and associated fees 15 and supplemental gross receipts tax collection; and WHEREAS, the existing ordinance has terms which are 16 different from terms used by the State Alcoholic Beverage 17 Control Division; and 18 WHEREAS, the use of different terms is confusing to 19 permittees; and 20 WHEREAS, the penalty section should be amended to authorize a misdemeanor charge as required in previous codifications of 21 the Little Rock Code of Ordinances; and 22 WHEREAS, the surety bond requirement for supplemental gross 23 receipts taxes should be amended to require surety bonds from 24 new businesses and businesses that pay late rather than all 25 businesses. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 26 THE CITY OF LITTLE ROCK, ARKANSAS: 27 SECTION 1. Little Rock, Ark., Rev. Code §4 -27 is hereby 28 amended to read: 29 Any person, firm, corporation, or 30 association violating the provisions of this article shall be deemed guilty of a 31 misdemeanor, and upon conviction, in 32 addition to losing their permit, shall be 33 fined not more than five hundred dollars 34 ($500.00). Each day's violation of said 35 36 (1) 66C g -13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 r r 322 (2) hereby hereby hereby hereby hereby M article hall constitute a separate misdemeanor. SECTION 2. Little Rock, Ark. Rev. Code S 4 -28 is repealed. . SECTION 3. Little Rock, Ark., Rev. Code 54 -29 is amended to read: (a) It shall be unlawful for any person to possess or control on the premises where liquor is allowed to be sold, any bottle or container containing liquor which has been opened unless the premises is authorized to sell for consumption on the premises. (b) Subsection (a) applies to adjoining premises when any person has any interest therein and in addition has any interest in the regularly licensed retail or wholesale liquor store. SECTION 4. Little Rock, Ark., Rev. Code S 4 -46 is amended to read: No person shall engage in the wholesale or retail liquor business without a permit issued pursuant to this division. SECTION 5. Little Rock, Ark., Rev. Code S 4 -47 is amended to read: A person required by this division to obtain a permit shall file a permit application with the City Collector. A copy of the applicant's state permit shall accompany such application. The city permit shall be issued in the same name as the state permit. SECTION 6. Little Rock, Ark., Rev. Code S 4 -48 is amended to read: (a) The business of storing, transporting, and selling of spirituous, vinous, and malt liquors at wholesale within the City requires a permit. There is levied an annual permit fee in the sum of five hundred dollars ($500.00) for each such business conducted. (2) hereby hereby hereby hereby hereby M 0 323 (b) The business of storing, 1 transporting, selling, and dispensing of 2 spirituous, vinous, and malt liquors at 3 retail within the City requires a permit. 4 There is levied an annual fee in the sum 5 of two hundred fifty dollars ($250.00) for each such retail store operated. 6 (c) The City Revenue Collection Division 7 shall have the right to accept 8 installment payments of the permit fees 9 due the city for such periods of time as the State Alcoholic Beverage Control 10 Division grants for the payment of state 11 permit fees. 12 (d) The City Revenue Collection Division 13 charged with the duty of collecting the 14 permit fees shall notify the Director of 15 the Alcoholic Beverage Control Division Of the identity of wholesalers and 16 retailers who fail to comply with the 17 provisions of this chapter. 18 SECTION 7. Little Rock, Ark., Rev. Code § 4 -49 is hereby 19 amended to read as follows: 20 A permit issued pursuant to the provisions of this division shall have a 21 term concurrent with that of the state 22 license that accompanied the application. 23 SECTION 8. Little Rock, Ark., Rev. Code § 4 -67 (1988) is 24 hereby amended to read as follows: 25 (a) Any hotel or restaurant which shall apply for and receive a permit to sell 26 alcoholic beverages for on- premises 27 consumption in accordance with A.C.A. 28 3 -9 -210 shall pay to the City a permit 29 fee on a calendar year basis in the 30 following applicable amount: (1) Hotel having fewer than one 31 hundred (100) rooms, five hundred 32 dollars ($500.00). 33 (2) Hotel having one hundred (100) 34 or more rooms, one thousand dollars 35 36 (3) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ($1,000.00). (3) Restaurant having a seating capacity of less than one hundred (100) persons, five hundred dollars ($500.00). (4) Restaurant, having a seating capacity of one hundred (100) or more persons, one thousand dollars ($1000.00). (b) An annual renewal fee in the same amount as provided in subsection (a) of this section shall be paid to the City Revenue Collection Division on or before June 30 of each year for the fiscal year beginning July 1. (c) The fee for a permit issued between January 1 and July 1 shall be one -half of the applicable amount specified in (a). SECTION 9. Little Rock, Ark. Rev. Code § 4 -68 hereby amended to read as follows: There is levied a supplemental tax of ten (10) percent upon the gross proceeds or gross receipts derived from the sale of alcoholic beverages pursuant to A.C.A. tit. 3, ch 9, subch. 2 [A.C.A.3 -9 -201 et seq]. The tax shall be reported and paid to the City Revenue Collection Division in the manner and at the same time as gross receipt taxes are reported and paid to the Division of Alcoholic Beverage Control. The taxes may be passed on to the consumer. A surety bond in the amount of five thousand dollars ($5000.00) securing payment to the City shall be required for new permittees for one year and for those permittees who have paid thirty or more days late two times in one fiscal year. M M M 324 (1988) is SECTION 10. Little Rock, Ark., Rev. Code § 4 -69 (1988) is hereby amended to read as follows: (a) Any private club which applies for [4] i M M M M M M M M M M M M M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 and receives a permit from the Alcoholic Beverage Control Division in accordance with A.C.A. 3- 9- 221 - -3 -9 -225 shall pay to the City an annual permit fee of two hundred fifty dollars ($250.00) for the fiscal year beginning July 1. An annual renewal fee in the same amount shall be paid to the City Revenue Collection Division on or before July 1 of each year. (b) A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1. (c) The fee for a permit issued between January and July 1 shall be one -half of the applicable amount specified in (a). (d) In addition, there is levied a supplemental tax of five (5) percent upon the gross proceeds or gross receipts derived by such private club from the charges to members for the preparation and serving of mixed drinks, for the cooling and serving of such beer and wine drawn from the private stocks of such member as hereinabove provided for consumption only on the premises where served. The supplemental tax shall be reported and paid to the City Revenue Collection Division in the same manner and at the same time as reported and paid to the state Division of Alcoholic Beverage Control. A surety bond in the amount of five thousand dollars ($5,000) securing payment to the City shall be required for all new permittees for one year and for those permittees who have paid thirty or more days late twice in one fiscal year. SECTION 11. Little Rock, Ark., Rev. Code §4 -92 is amended to read: Any person violating any of the [5] 325 hereby 0 0 326 provisions of this article shall upon 1 conviction be punished by a fine of not 2 more than five hundred dollars ($500.00). 3 SECTION 12. Little Rock, Ark., Rev. Code § 4 -95 is hereby 4 amended to read: It shall be unlawful for any person 5 having a permit to sell liquor to sell or 6 offer for sale at retail any beer except 7 in the original container. Such container 8 shall not be opened on the premises. This 9 section does not apply to places authorized to sell beer for on- premises 10 consumption. 11 SECTION 13. Little Rock, Ark., Rev. Code § 4 -111 is hereby 12 amended to read: 13 No person shall engage in the business of 14 transporting, storing, selling, distributing, possessing, and 15 manufacturing of beer or light wine 16 without a permit from the Revenue 17 Collection Division, which permit shall 18 at all times be subject to all of the 19 limitations and restrictions provided for in this article. 20 SECTION 14. Little Rock, Ark., Rev. Code § 4 -112 is hereby 21 repealed. 22 SECTION 15. Little Rock, Ark., Rev. Code § 4 -113 is hereby 23 amended to read as follows: 24 (a) Before any person shall engage in the business of selling beer or light wine 25 within the City he shall pay a fee to the 26 City in the following sum: 27 (1) Class A, for each retail dealer 28 whose total gross annual sales do 29 not exceed one thousand dollars ($1000.00), fifteen dollars ($15.00) 30 per year. 31 (2) Class B, for each retail dealer 32 whose total gross annual sales 33 exceed one thousand dollars 34 ($1000.00) and do not exceed two 35 36 (6] i 0 32i thousand dollars ($2000.00), twenty 1 dollars ($20.00) per year. 2 (3) Class C, for each retail dealer 3 whose total gross annual sales 4 exceed two thousand dollars ($2000.00) and do not exceed three 5 thousand dollars ($3000.00), 6 twenty -five dollars ($25.00) per 7 year. 8 (4) Class D, for each retail dealer 9 whose total gross annual sales exceed three thousand dollars 10 ($3000.00) and do not exceed four 11 thousand dollars ($4000.00), thirty 12 dollars ($30.00) per year. 13 (5) Class E, for each retail dealer 14 whose total gross annual sales exceed four thousand dollars 15 ($4000.00) and do not exceed five 16 thousand dollars ($5000.00), 17 thirty -five dollars ($35.00) per 18 year. 19 (6) Class F, for each retail dealer whose total gross annual sales 20 exceed five thousand dollars 21 ($5000.00) and do not exceed six 22 thousand dollars ($6000.00), forty 23 dollars ($40.00) per year. 24 (7) Class G, for each retail dealer whose total gross annual sales 25 exceed six thousand dollars 26 ($6000.00), forty dollars ($40.00) 27 plus five ($5.00) for each 28 additional thousand or fractional 29 part of a thousand of gross business in excess of six thousand dollars 30 ($6000.00). 31 (b) For each wholesale dealer, broker, or 32 distributor, three hundred dollars 33 ($300.00) per year. 34 (c) A new business shall pay a fee of 35 36 (7) r r r i■r r ri �r r r �r r r� r r • 0 328 forty dollars ($40.00) for a beer permit. 1 (d) A permit for the sale of wine is 2 $50.00. 3 (e) The fee shall be due and payable on 4 June 30 of each year or on commencing 5 business. 6 (f) Whenever it appears to the City Collector that a retail dealer has 7 secured a permit for fifteen dollars 8 ($15.00) when a larger amount should have 9 been paid he shall require the payment of 10 the difference or cancel the permit. (g) The Revenue Collection Division 11 charged with the duty of collecting the 12 permit fees shall notify the Director of 13 the Alcoholic Beverage Control Division 14 of the identity of retailers failing to 15 comply with the provisions of this 16 chapter. SECTION 16. Little Rock, Ark. Rev. Code S 4 -114 is hereby 17 amended to read: 18 A permit issued pursuant to this article 19 expires on June 30 of each year. 20 SECTION 17. Little Rock, Ark. Rev. Code S 4 -115 is hereby amended to read: 21 The permit required by this division 22 shall be prominently displayed in the 23 location for which it was issued. 24 SECTION IS. EMERGENCY. It is hereby found and determined by 25 the Board of Directors of the City of Little Rock that certain terms used by the City in its alcoholic beverage ordinance 26 differ from those used by the State Alcoholic Beverage Control 27 Division; that such differences have confused permit holders; 28 and that the City should amend its ordinance to conform to the 29 terms used by the State to end such confusion in time to conform 30 to the state permit term of July 1 - June 30. Therefore, an emergency is hereby declared to exist, and this ordinance being 31 immediately necessary for the preservation of the public peace, 32 health, and safety shall be in full force and effect from and 33 after its passage and approval. 34 PASSED: 35 36 ($J M • 329 1 PASSED: June 15, 1993 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 J. 1+0 ` :• �... �� •: mzra •• [ 9 3