HomeMy WebLinkAbout20332PULASKI COUNTY CIRCUIT /COUNTY CLERK
2010059331 Received: 9/24/2010 10:50:35 AM
Recorded: 09/24/2010 11:05 :03 AM Filed &
Recorded in Official Records of PAT O'BRiEN,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $20.00
1 ORDINANCE NO. 20,332
2
3 AN ORDINANCE TO AMEND THE LITTLE ROCK, ARKANSAS, CODE OF
4 ORDINANCES TO PROHIBIT THE TRANSFER OF ANY PRIVATE CLUB
5 LICENSE FROM ANOTHER CITY INTO THE CITY OF LITTLE ROCK, AR-
6 KANSAS, FOR PRIVATE CLUBS THAT INTEND TO STAY OPEN PAST
7 CERTAIN HOURS; TO DECLARE AN EMERGENCY; AND, FOR OTHER
8 PURPOSES.
9
10 WHEREAS, at the time this ordinance is under consideration there are approximately thirteen (13)
11 Class B private clubs with an appropriate license from the Alcohol Beverage Control Board of the Arkan-
12 sas Department of Finance & Administration; and,
13 WHEREAS, these private clubs are permitted, pursuant to current state law, to operate until 5:00
14 a.m.; and,
15 WHEREAS, from time to time there have been law enforcement and other problems at these various
16 locations which have placed a strain on the ability of various City emergency services agencies to respond
17 when called to do so; and,
18 WHEREAS, the addition of the number of clubs by the transfer of a private club license from an-
19 other local government into the City of Little Rock, Arkansas, will only enhance various enforcement and
20 public safety problems; and,
21 WHEREAS, pursuant to the exercise of its police powers the Board of Directors of the City of Little
22 Rock, Arkansas, believes appropriate legislation action should be taken to limit the increase in the number
23 of such private clubs within the corporate limits of the City, and should start this process immediately by
24 a ban on the transfer of permits from another municipality into the City;
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
26 OF LITTLE ROCK, ARKANSAS:
27 Section 1. Chapter 4 of the Little Rock, Ark., Rev. Code of Ordinances (1988), is hereby
28 amended to add the following:
29 Hours of operation for a transferred private club permit.
30 Any Class B private club permit transferred into the corporate limits of the City of
31 Little Rock, Arkansas, after the effective date of this ordinance, shall be restricted in the
32 hours of operation to no earlier than 7:00 a.m. and no later than 2:00 a.m.; provided, that "W111, n „te
33 this restriction shall not apply to the provisions of this Code of Ordinances that relates t�iq .0 4C�fip'.,
34 legitimate sell of alcoholic beverages for consumption in any hotel or restaurant per pity ” Q' 0
ref
9 =
(PAGE l of 21
ordinxace m pcolthit the t -
i of a prink club m me ,nit fro ooisidc the
City to an establishment located within the City
I red to do so by state law and this Code of Chapter 4 of this Code of Ordinances; and,
2 provided further, that this restriction shall not apply to the transfer of any permit in exis-
3 tence for a private club located within the corporate limits of the City on the effective
4 date of this ordinance, if the transfer is permitted after a public hearing by the Alcoholic
5 Beverage Control Board, or its successor.
6 Section 3. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
7 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconsti-
8 tutional, such declaration or adjudication shall not affect the remaining provisions of this ordinance, as if
9 such invalid or unconstitutional provision was not originally a part of this ordinance.
10 Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
11 ordinance are hereby repealed to the extent of such inconsistency.
12 Section 5. Emergency Clause. The number of private clubs permitted to sell alcoholic beverages
13 within the corporate limits of the City until 5:00 a.m. has placed a strain on the emergency services agen-
14 ties of the City, and this strain adversely impacts the public health, safety, and welfare; further, the City
15 exercises its authority to limit the hours of operation of a transferred private club permit as preserved in
16 Tompos v. City of Fayetteville, 280 Ark. 435, 658 S. W. 2d 404 (1983), and as noted in Section 5.48 of the
17 Rules & Regulations of the Alcoholic Beverage Control Board, further, that because this ordinance is
18 essential to protect the public health, safety and welfare, and emergency is declared to exist and this or-
19 dinance shall be in full force and effect from and after the date of its passage..
20 DATE: September 21, 2010
21 ATTEST: APPROVED:
22
23
24 usan an y, Ci Clerk Mark Stodola, Mayor
25 APPRO E AS TO LEGAL FORM:
26
27
28 Thomas M. Carpenter, City Vtorney
29 //
30 /1
31 //
32 //
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Ordinance to prohibit the travRr of h private curb permit Gam outside the
City to nn establishnneut meated within the City