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.
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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
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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repealed.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)
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(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
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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
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36 (3)
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($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.
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(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
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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
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provisions of this article shall upon
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conviction be punished by a fine of not
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more than five hundred dollars ($500.00).
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SECTION 12. Little Rock, Ark., Rev. Code § 4 -95 is
hereby
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amended to read:
It shall be unlawful for any person
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having a permit to sell liquor to sell or
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offer for sale at retail any beer except
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in the original container. Such container
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shall not be opened on the premises. This
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section does not apply to places
authorized to sell beer for on- premises
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consumption.
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SECTION 13. Little Rock, Ark., Rev. Code § 4 -111 is
hereby
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amended to read:
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No person shall engage in the business of
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transporting, storing, selling,
distributing, possessing, and
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manufacturing of beer or light wine
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without a permit from the Revenue
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Collection Division, which permit shall
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at all times be subject to all of the
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limitations and restrictions provided for
in this article.
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SECTION 14. Little Rock, Ark., Rev. Code § 4 -112 is
hereby
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repealed.
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SECTION 15. Little Rock, Ark., Rev. Code § 4 -113 is
hereby
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amended to read as follows:
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(a) Before any person shall engage in the
business of selling beer or light wine
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within the City he shall pay a fee to the
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City in the following sum:
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(1) Class A, for each retail dealer
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whose total gross annual sales do
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not exceed one thousand dollars
($1000.00), fifteen dollars ($15.00)
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per year.
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(2) Class B, for each retail dealer
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whose total gross annual sales
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exceed one thousand dollars
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($1000.00) and do not exceed two
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thousand dollars ($2000.00), twenty
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dollars ($20.00) per year.
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(3) Class C, for each retail dealer
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whose total gross annual sales
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exceed two thousand dollars
($2000.00) and do not exceed three
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thousand dollars ($3000.00),
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twenty -five dollars ($25.00) per
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year.
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(4) Class D, for each retail dealer
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whose total gross annual sales
exceed three thousand dollars
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($3000.00) and do not exceed four
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thousand dollars ($4000.00), thirty
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dollars ($30.00) per year.
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(5) Class E, for each retail dealer
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whose total gross annual sales
exceed four thousand dollars
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($4000.00) and do not exceed five
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thousand dollars ($5000.00),
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thirty -five dollars ($35.00) per
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year.
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(6) Class F, for each retail dealer
whose total gross annual sales
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exceed five thousand dollars
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($5000.00) and do not exceed six
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thousand dollars ($6000.00), forty
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dollars ($40.00) per year.
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(7) Class G, for each retail dealer
whose total gross annual sales
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exceed six thousand dollars
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($6000.00), forty dollars ($40.00)
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plus five ($5.00) for each
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additional thousand or fractional
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part of a thousand of gross business
in excess of six thousand dollars
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($6000.00).
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(b) For each wholesale dealer, broker, or
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distributor, three hundred dollars
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($300.00) per year.
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(c) A new business shall pay a fee of
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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.
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PASSED:
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1 PASSED: June 15, 1993
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