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HomeMy WebLinkAbout12212ORDINANCE NO. 12,212 AN ORDINANCE LEVYING A PERMIT TAX AND A GROSS PROCEEDS OR GROSS RECEIPTS TAX ON THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WITHIN THE CITY OF LITTLE ROCK, ARKANSAS PURSUANT TO ALL TERMS AND CONDITIONS OF ACT 132, ACTS OF ARKANSAS, 1969; LEVYING A PERMIT TAX AND GROSS RECEIPTS TAX ON PRIVATE CLUBS IN WHICH ALCOHOLIC BEVERAGES MAY BE SERVED; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, Arkansas, did on M Tuesday, April 15, 1969 in a city -wide election approve the sale L, � of alcoholic beverages for on- premises consumption subject to the restrictions set forth in Act 132, Acts of Arkansas, 1969, and WHEREAS, said Act 132 empowers cities and incorporated ,IV, towns to levy additional fees and /or supplemental taxes on the 'k sale of alcoholic beverages for on- premises consumption in hotels o- .> or restaurants and on private clubs..which serve alcoholic beverages, ry W and ra 9 WHEREAS, the City desires to levy a permit fee and a supplemental gross proceeds or gross receipts tax in accordance with the terms of said Act 132. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Any hotel or restaurant which shall apply for and receive a permit to sell alcoholic beverages for on- premises consumption in accordance with Section 5, Act 132, Acts -of Arkansas, 1969 shall pay to the City of Little Rock an annual permit fee on a calendar year basis in the following applicable amount: Hotel, having fewer than 100 rooms $ 500.00 x Hotel, having 100 or more rooms 1,000,00 " Restaurant, having a seating capacity of less than 100 persons 500.00 Restaurant, having a seating capacity of 100 or more persons 1,000,00 ooc-�F s r' -2- An annual renewal fee in the same amount as provided above shall be paid to the City Collector on or before January 1 of each year. The fees for permits applied for and received in accordance with Section 5 of said Act 132 after January 1 of any year shall be prorated for the remaining months of that particular year. SECTION 2. There is hereby levied a supplemental tax of 10 Per Centum (10 %) upon the gross proceeds or gross receipts derived from the sale of alcoholic beverages pursuant to Act 132, Acts of Arkansas, 1969. Said supplemental tax shall be reported and paid to the City Collector and in the same manner and at the same time as gross receipts taxes are reported and paid to the Commissioner of Revenues, State of Arkansas. The taxes herein prescribed may be passed on to the consumer. A surety bond securing payment to the City may be required in accordance with and in the same manner as required by the Commissioner of Revenues. SECTION 3. Any private club which applies for and receives a permit from the Alcoholic Beverage Control Board in accordance with Section 10 of said Act 132 shall pay to the City of Little Rock an annual permit fee of $250.00 on a calendar year basis. An annual renewal fee in the same amount shall be paid to the City Collector on or before January 1 of each year. The fee for permits applied for and received after January 1 of any year shall be prorated on a monthly basis for that particular year, In addition there is hereby levied a supplemental tax of five percent (5 %) upon the gross proceeds or gross receipts derived by such private club from the charges to members for the -3- serving- of mixed drinks or for the cooling and serving of beer and wine for consumption only on the premises where served. Said supplemental tax shall be reported and paid to the City Collector in the same manner and at the same time as reported and paid to the Commissioner of Revenues, State of Arkansas. SECTION 4. If any permitee shall fail to remit the supplemental tax on gross receipts within the time provided by said Act 132 a penalty of twenty -five percent (25 %) thereof shall be due and payable. SECTION 5. If any provision of this Ordinance or any word, phrase or paragraph thereof is held invalid, such invalidity shall in no way affect other provisions of this ordinance and to this end the provisions of this ordinance are declared to be severable. SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed, provided, however, nothing herein shall be construed as repealing or amending the existing privilege tax ordinances of this City, SECTION 7. Whereas, various businesses and private clubs have been authorized by the State of Arkansas to immediately sell and /or serve alcoholic beverages for on- premises consumption upon the payment of permit fees and gross receipts taxes as levied by the State of Arkansas and cities affected. And, whereas, certain businesses and private clubs in the City of Little Rock have been issued permits for such purposes and it is desirable that the City of Little Rockfs tax and permit fee measure herein contained become effective immediately. Now, therefore, an emergency is declared to exist and this ordinance being necessary for the preservation of public Z'C peace, health and safety shall become effective and be in force from and after its passage. PASSED: April 21, 1969 ATTEST: a 9 n4/ cyatl✓ APPROVED Acting //''City Clerk yo