1580u0 LL'y
ORDINANCE NO, 1580 (#02 - 2018)
AN ORDINANCE CREATINGJMC§ 9.20 (ALCOHOL SALES BY THE DRINK)
AND JMC § 18.23.050(t) (PERMISSIBLE USES — MIXED USE ZONE);
AMENDING JMC § 3, 04.010 (PERMIT FEE REQUIREMENT), JMC §
18, 44.020 (PERMITTED USES — C-2), JMC¢ 18.48.020 (PERMITTED USES
— C-3), JMC § 18.52.020 (PERMITTED USES — C-4), JMC § 18.54.020
(PERMITTED USES — G5), AND JMC§ 18.56.020 (PERMITTED USES — M-
1); PROVIDING CERTAIN PROVISIONS AND REQUIREMENTS THEREOF
FOR ALCOHOL SALES BY THE DRINK; AND, FOR OTHER PURPOSES,
WHEREAS, after passage of Ordinance No. 1569 (#05-17) on September 7,
2017 to assist in our Community's growth, an election was held on November 14,
2017. On that date, a vast majority approved dissolution of the "Dry"' provisions of
the Old Gray Township to implement availability of Alcohol Sales by the Drink for
On -Premises Consumption purposes; and,
WHEREAS, after applicable timeframes have passed as required by law, the
City Council must implement appropriate legislative and regulatory provisions to
allow Alcohol Sales by the Drink within the Jacksonville corporate limits.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT••
SECTION ONE.- JMC § 9.20.010 (ALCOHOL SALES BY THE DRINK)
is hereby created and shall read as follows:
JMC § 9.20.010 (Purpose) Public Alcohol Sales of Liquor and
Intoxicating Beverage(s) will be allowed only within certain zoning classifications, as
detailed in JMC § 18.04 et. seq., and only in business(es) and establishment(s) that
provide alcohol products for on -premises consumption as a complement to their
primary business purpose of sales of on-site prepared food. These business(es) and
establishment(s) must be duly licensed restaurants of which more than Seventy
Percent (70%) of their gross revenues are produced by sales of on-site prepared
foods.
SECTION TWO; JMC § 9.20.020 (PAYMENT & REPORTING) is
hereby created and shall read as follows:
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JMC § 9.20.020 (Payment & Reporting) (A) It shall be the
responsibility of any such business(es), establishment(s), and/or individual(s) that
conducts sales of alcoholic/intoxicating beverages to report the sale of such
alcoholic, beer, and/or wine sales to the City through approved monthly reports by
no later than the Twentieth (20th) day following each month in which any such sales
occurred AND pay the appropriate amounts of Supplemental Sales Taxes due on
said gross alcohol sales receipts as required under JMC § 3.04 and as authorized
under ACA § 3-9-214.
(B) The Supplemental Sales Tax of Ten Percent (10%) upon gross receipts
of alcoholic/intoxicating beverages sales derived by On -Premises consumption sales
cited herein are for preparation and serving of mixed alcoholic drinks and the
cooling and serving of beer and wine, all as defined under ACA § 3-5-202, ACA § 3-
9-202, and ACA § 3-9-301;
(C) If the report(s) and/or payment(s) is/are delivered after the First (1St)
day of the next calendar month, there shall be added to the amount required to be
reported and paid the amount of Twelve and One/half Percent (12.50%) of the
Supplemental Sales Tax(es) if the failure is not more than One (1) month past the
delinquency date. An additional Five Percent (5%) penalty may be assessed for
each additional month or fraction thereof during which a failure to report/pay
continues, not to exceed a total penalty amount of up to Thirty-five Percent (35%)
in the aggregate as detailed below;
(D) Any entity who fails to collect and/or remit the Supplemental Sales Tax
referred to herein shall be subject to a penalty of no more than Thirty-five Percent
(35%) of the unpaid Fee amount. Simple interest on unpaid fees may also be
assessed at the rate of Ten Percent (10%) per annum;
(E) In the administration of this Chapter, the City or its designated
representative(s) may make an examination, investigation, or audit of a business,
company, corporation, firm, individual, person, or other such entity liable for
payment hereunder with reasonable notice therein. This includes the authority to
conduct inspection, duplication, or review of the accounts, books, computer
programs or records, documents, papers, and vouchers of a taxpayer hereunder,
including those maintained by another business, financial institution, and/or the
records of another governmental agency(ies) regarding said taxpayer, except where
privileged under law. Each entity and/or its agents, employees, or designated
representatives shall exhibit these items and facilitate any examination hereunder;
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(F) The City or its designated representative may compel production of
such records by summons if necessary. Such may be served directly by the City or
its designated representative(s);
(G) Should such be necessary, the City is also authorized to administer
oaths, conduct hearings, and compel by summons the attendance of witnesses,
testimony, and the production of any accounts, books, computer programs or
records, documents, papers, and vouchers of an entity hereunder, including those
maintained by another business and/or person on their behalf; and,
(H) The City or its designated representative(s) are authorized and
required to make the appropriate assessments, determinations, inquiries,
investigations, and to take any and all necessary steps required regarding the
collection of the Supplemental Sales Tax(es), including any accrued interest,
additional Fees due, and assessable penalties imposed herein. By recording such
and providing the entity with a copy thereof, the City shall demand payment of said
amount(s); and,
(I) If any entity fails to file any report as required hereunder or files a
report that is incorrect, fraudulent, or miscalculated, the City, from any information
in its possession or obtainable, may determine the correct amount of Supplemental
Sales Tax(es) due for the taxable period and shall notify the entity in writing of the
correct amount due. Should the entity disagree with said assessment, he/she/it
shall notify the City in writing within Ten (10) days of receipt of said assessment of
the basis for disagreement and provide any and all supporting documentation for
review by the City.
SECTION THREE; JMC § 9.20.030 (RESTRICTIONS AND
GUIDELINES) is hereby created and shall read as follows:
JMC § 9.20.030 (Restrictions and Guidelines) is hereby created and shall read
as follows:
(A) All operations and sales of alcoholic beverages, beer, and wine by the
drink shall occur within and upon an appropriately licensed business/entity/facility
and in compliance with all local, state, and federal laws; and,
(B) Hours of Operation. It shall be unlawful for any person to serve, sell,
offer to sale, permit, or give away for consumption on -premises any alcoholic
beverage(s), beer(s), and/or wine(s) between the hours of 2:00 a.m. to 10:00 a.m.
on Monday through Saturday, on Sundays except during the hours of 10:00 a.m.
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until 12:00 midnight, on Christmas Day, and/or during any Twenty-four (24) hour
interval designated an emergency period by the Mayor and/or City Council.
SECTION FOUR; IMC § 9.20.040 (PENALTIES) is hereby created
and shall read as follows:
JMC § 9.20.040 (Penalties) Any business, company, corporation, firm,
individual, or other such entity violating the terms herein and/or liable for payment
hereunder in violation of any provision of this Chapter shall be subject to
punishment of said violation(s) through citation into the Jacksonville District Court.
If guilt is determined or pled, said violation shall be punishable by a fine of no less
than One Hundred Dollars ($100.00) and no greater than Five Hundred Dollars
($500.00)., together with applicable court costs. Each day an entity transacts
business within the City in violation of the terms herein is a separate violation.
SECTION FIVE,• JMC § 9.20.050 (ENFORCEMENT) is hereby
created and shall read as follows:
JMC § 9.20.050 (Enforcement) The Jacksonville Police Department and/or
the Jacksonville Code Enforcement Office shall be responsible for enforcement of
the terms and conditions contained herein. Any such violator(s) shall receive
citations into the Jacksonville District Court and are also subject to the possibilities
of a Cease and Desist Order being issued by either the Police or Code Enforcement
Departments, depending on the nature and severity of any alleged violations. As
well, all such business(es), entity(ies), and/or individual(s) are responsible to comply
with all other applicable local, state, and federal laws and regulations.
SECTION SIX,- JMC § 18.23.050(f) (MIXED USE OVERLAY
DISTRICT USES) is hereby created and shall read as follows:
JMC § 18.23.050(f) Any and all Alcohol by the Drink sales occurring within
this Overlay District must be from within a duly authorized and licensed
business(es), entity(ies), and/or facility(ies) operating in compliance with all
applicable local, state, and federal laws and regulations.
SECTION SEVEN; JMC § 3.04.010 (PERMIT FEE REQUIREMENT) is
hereby amended and shall read as follows:
JMC 3.04.010 (Permit Fee Requirement) Any business(es), corporation(s),
entity(ies), firm(s), individual(s), partnership(s), and/or other type of group(s)
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holding a permit from Arkansas' Alcoholic Beverage Control to dispense and/or sell
for On -Premises consumption of alcoholic beverages, beer(s), and/or wine(s) as
defined under ACA § 3-5-202, ACA § 3-9-202, and ACA § 3-9-301, shall be liable to
the City of Jacksonville for a Permit Fee as a prerequisite to doing business within
the City. Said Permit Fee shall be assessed in accordance with the schedule
contained in this Chapter.
SECTION EIGHT- JMC § 18.44.020 (PERMITTED USES – C-2) is
hereby amended to include:
JMC § 18.44.020 (Permitted Uses – C-2)
Restaurant(s) with Alcohol, Beer, &/or Wine Sales
— SECTION NINE; JMC § 18.48.020 (PERMITTED USES – C-3) is
hereby amended to include:
JMC § 18.48.020 (Permitted Uses – C-3)
Restaurant(s) with Alcohol, Beer, &/or Wine Sales
SECTION TEN; JMC § 18.52.020 (PERMITTED USES – C-4) is
hereby amended to include:
JMC § 18.52.020 (Permitted Uses – C-4)
Restaurant(s) with Alcohol, Beer, &/or Wine Sales
SECTION ELEVEN; JMC § 18.54.020 (PERMITTED USES – C-5) is
hereby amended to include:
JMC § 18.54.020 (Permitted Uses – C-5)
Restaurant(s) with Alcohol, Beer, &/or Wine Sales
SECTION TWELVE; JMC § 18.56.020 (PERMITTED USES – M-1) is
hereby amended to include:
JMC § 18.56.020 (Permitted Uses – M-1)
Restaurant(s) with Alcohol, Beer, &/or Wine Sales
SECTION THIRTEEN; If any court of competent jurisdiction finds that
any section, clause, sentence, or phrase of these Code provisions is invalid or
unconstitutional, that finding in no way affects the validity of the remaining portions
of this Code.
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SECTIONFOURTEEN; Said Ordinance and the changes included herein
shall be in full force and effect from and after its passage and approval as provided
by and subject to applicable law.
APPROVED AND ADOPTED THIS 1ST DA Y OF FEBRUARY, 2018.
OFJACKSONVILLE, ARKANSAS
FLETCHER, MA YOR
A TTEST
SUSAN DA VITT) CITY CLERK