ORDINANCE NO. 09-17-2020A – Alcohol Sales by the Drink

Ordinance #: 09-17-2020A

AN ORDINANCE TO PERMIT THE SALE OF ALCOHOL BY THE DRINK IN THE CITY OF ELKINS AND FOR OTHER PURPOSES ARKANSAS AND DECLARING AN EMERGENCY

WHEREAS, it has come to the attention of the City Council that because of the laws and regulations of the Arkansas Alcohol and Beverage Commission (ABC) drink alcohol sales within the city limits of Elkins; and,

WHEREAS, there are establishments within the City of Elkins which are in need of an ordinance permitting the sale of liquor by the drink in order to obtain a permit to sell liquor by the drink.

NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Elkins, Arkansas:

Section 1. The City of Elkins hereby recognizes that the sale of alcohol, beer and wine, whether wholesale, retail or by the drink, is thoroughly regulated by the State of Arkansas, and nothing in this ordinance shall contradict the laws of Arkansas. The definitions of the terms of this chapter shall be consistent with those found in Title 3 of the most current Arkansas Code.

Section 2. The sale of liquor by the drink by establishments or private clubs is hereby authorized within the city limits of the City of Elkins. All such sales shall be permitted only between the hours of 11:00 a.m. and 11:00 p.m.

Section 3. Any establishment or private club which receives a permit to sell liquor by the drink shall promptly notify the Mayor or their designee and such sales shall be noted on the occupation permit which is required to be obtained on an annual basis.

Section 4. Any and all ordinances which are in conflict with this ordinance are repealed to the extent of the conflict and if any part of this ordinance is declared to be unconstitutional or illegal in anyway, that status shall not affect the remaining parts of this ordinance and those parts shall remain in full force and effect.

Declaration of Emergency. It is hereby found and determined that sufficient regulations should be in place to permit and regulate the sale of alcohol by the drink in order to promote the safe and orderly sales of such beverages, therefore, an emergency is declared to exist, and this Ordinance being immediately necessary to insure the proper growth and development of the City and for the preservation of the public peace, health, safety and welfare of the citizens of Elkins, Arkansas shall become effective immediately from and after the date of its passage.

PASSED AND APPROVED this 17th day of 2020.
APPROVED:
L. BRUCE LEDFORD, Mayor