1512ORDINANCE NO, 1512 (#05 -14)
AN ORDINANCE CREA TING JMC 5,10 (RESTRICTIONS AND GUIDELINES
FOR ALL ALCOHOL, BEER, LrQUOR, AND WINE MANUFACTURING,
PRODUCTION, AND SALES); AMENDING JMC 5.04 (PRIVILEGE LICENSE
TAX); AND, FOR OTHER PURPOSES.
WHEREAS, after review of recent criminal activities and events that have
taken place at some of the private clubs in Jacksonville, public health, safety, and
concern requires that the City Council address the matter and work toward
elimination of such criminal activities and/or events; and,
WHEREAS, the City Council recognizes the authority granted to municipalities
in ACA § 3-4-407, the City of Jacksonville has need to develop additional limits and
guidelines for the distribution, manufacturing, and sale of alcohol, beer, liquor, and
wine within Jacksonville to better provide for the safety and well-being of the public.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THA T,•
SECTION ONE; JMC § 5.10.010 (Restrictions and Guidelines —
Alcohol, Beer, Liquor, and Wine Distribution, Manufacture, and Sales) is hereby
created and shall provide the following:
For public safety and well-being, the following additional guidelines and
restrictions are imposed upon those businesses, entities, establishments, and
individuals that are involved in the distribution, manufacturing, and sale of alcohol,
beer, liquor, and wine within the City limits of the City of Jacksonville. As well, it is
anticipated, expected, and required that ALL such businesses, entities,
establishments, and individuals will abide by all other applicable local, state, and
federal laws and regulations.
SECTION TWO; JMC § 5.10.020 (Retail Off Premises Sales —
Alcohol, Beer, Liquor, and Wine) is hereby created and shall provide the following:
ORDINANCE NO. 1512 (#05 — 2014)
PAGE TWO
(A) Retail Liquor Off -Premises Permits shall authorize the purchase of spirituous
and vinous beverages from any business, entity, and/or individual holding a valid
wholesale liquor permit and the sale of such beverages at retail to consumers for
consumption off the premises. Any holder of the liquor off -premises permit may also
purchase malt liquors containing more than Five Percent (5%) alcohol by weight
from those holding a wholesale beer or liquor permit and sell such beverages to
consumers for consumption off premises of the business identified in the permit.
It shall be unlawful for any person to accept retail orders for any spirituous,
vinous, or malt liquors for delivery outside of the premises of the store operated by
such person.
(1) Hours of Operation. It shall be unlawful for any person to sell or offer
to sell any controlled beverages for off -premises consumption before the hour of
7:00 a.m. or after the hour of 11:00 p.m. on weekdays, after the hour of 12:00
midnight on Fridays or Saturdays, at any hour on Sundays, on Christmas Day, or
during any Twenty-four (24) hour period designated an emergency by the Mayor
and/or City Council.
(B) Retail Beer and Wine Off -Premises Permits shall authorize the purchase of
beer, light wine, or malt liquor containing less than Five Percent (5%) alcohol by
weight from wholesalers holding a valid permit and the sale of such controlled
beverages for consumption off premises of the business identified in the permit.
(1) Hours of Operation. It shall be unlawful for any person to sell or offer to
sell beer and/or light wine for off -premises consumption before the hour of 7:00
a.m. or after the hour of 11:00 p.m. on weekdays, after the hour of 12:00 midnight
on Fridays or Saturdays, at any hour on Sundays, on Christmas Day, or during any
24-hour period designated an emergency by the Mayor and/or City Council.
SECTION THREE: ]MC § 5.10.030 (Retail On Premises Sales —
Alcohol, Beer, Liquor, and Wine) is hereby created and shall provide the following:
(A) Retail Beer and Wine On -Premises Permits authorize the purchase of beer, wine,
or malt liquor containing less than Five Percent (5%) alcohol by weight from a
wholesaler holding a valid permit and the sale of such controlled beverages for the
consumption on the premises identified in the permit.
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PAGE THREE
(1) 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 beer or wine
between the hours of 2:00 a.m. to 10:00 a.m. on Monday through Saturday, on
Sunday except during the hours of 10:00 a.m. until 12:00 midnight, on Christmas
Day, or during any Twenty-four (24) hour interval designated an emergency period
by the Mayor and/or City Council.
SECTION FOUR: IMC § 5.10.040 (Private Club Permit Sales —
Alcohoi, Beer, Liquor, and Wine) is hereby created and shall provide the following:
(A) Private Club Permits shall authorize the purchase of any controlled beverages
from persons holding an off -premises retail liquor or beer permit who have been
designated by the director of the State Alcoholic Beverage Control Board as a private
club distributor, and authorizes the dispensing of such beverages for consumption
on the premises of the private club to members and guests only of the Private Club.
Private clubs holding a retail beer on premises permit may purchase beer, light wine
or malt liquor containing not more than Five percent (5%) alcohol by weight from
holders of valid wholesale beer permits.
(1) Hours of Operation. It shall be unlawful for the owner, operator, or any
employee of a private club to serve or permit the consumption of any controlled
beverages on the premises of said Private Club between the hours of 2:00 a.m. and
10:00 a.m. on any day.
SECTION FIVE; IMC § 5.10.050 (Retail On Premises Sales —
Alcohol, Beer, Liquor, and Wine — Hotel, Motel, or Restaurants) is hereby created
and shall provide the following:
(A) On Premises Consumption—Hotel, Motel, or Restaurant Permits shall authorize
the purchase of any controlled beverages from persons holding a valid wholesale
permit and the sale of such beverages for consumption on the premises of the
restaurant described in the permit or in -room hospitality units of the hotel or motel
identified in the permit. Persons holding an on -premises consumption hotel, motel,
or restaurant permit are not required to have a beer permit.
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PAGE FOUR
(1) Hours of Operation. It shall be unlawful for any person holding an On -Premises
Consumption Hotel, Motel, or Restaurant Permit to sell, offer for sale, serve, give
away, or permit consumption of any controlled beverages on premises between the
hours of 2:00 a.m. and 10:00 a.m. on Monday through Saturday, on Sunday except
between the hours of 10:00 a.m. until 12:00 midnight, on Christmas Day, or during
any Twenty-four (24) hour interval designated an emergency period by the Mayor
and/or City Council.
SECTION SIX,• IMC § 5.10.060 (Large Attendance Facility Sales —
Alcohol, Beer, Liquor, and Wine) is hereby created and shall provide the following:
(A) Large Attendance Facility Permits authorize the sale of all types of controlled
beverages by a facility which houses convention center activity or tourism activity
where such establishment has a seating capacity of not less than Five Hundred
(500) people and which serves controlled beverages only on the premises days in
which food (i.e., meals) are served at One (1) or more places upon the premises.
(1) Hours of operation. The hours of operation for any Large Attendance Facility
Permittee shall be the same as those allowed for On -Premises Hotel, Motel, or
Restaurant Permittee.
SECTION SEVEN; JMC § 5.10.070 (Off Premises Caterer Sales —
Alcohol, Beer, Liquor, and Wine) is hereby created and shall provide the following:
(A) Off Premises Caterer Permits authorize the purchase of alcoholic beverages
from a retailer to transport to a private function which is being catered by the permit
holder and to serve alcoholic beverages to attendees of a private function in
conjunction with catered food.
(1) Hours of Operation. The hours of operation for an Off -Premises Catering
Permittee shall be the same as those allowed for On -Premises Consumption Hotel,
Motel, or Restaurant Permittee.
SECTION EIGHT.- JMC § 5.10.080 (Restaurant Beer and Wine Sales
— Alcohol, Beer, Liquor, and Wine) is hereby created and shall provide the following:
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PAGE FIVE
(A) Restaurant Beer and Wine Permits authorize a restaurant which has a valid
Arkansas Restaurant Beer and Wine Permit to obtain a City of Jacksonville
Restaurant Beer and Wine Permit for the retail sale of beer pursuant to ACA § 3-9-
301 and § 3-4-1001, et. seq.
(1) Hours of Operation. It shall be unlawful for any restaurant to sell beer or wine
through this Permit beyond the hours established for the Retail On -Premises
Permittee under IMC § 5.10.030.
SECTION NINE.• IMC § 5.10.090 (Manufacturing — Alcohol, Beer,
Liquor, and Wine) is hereby created and shall provide the following:
(A) Liquor Manufacturing Permits authorize the manufacture or distilling of
spirituous or vinous (except wine) liquors, and the sale to persons holding valid
permits to wholesale or import such liquors.
(B) Beer Manufacturing Permit. Authorizes the manufacture of beer containing not
in excess of Five percent (5%) alcohol by weight, and the sale of such beer to
persons holding a valid permit to wholesale or import such beer.
(C) Rectifying Permits authorize the rectifying, purifying, mixing, blending, or
flavoring of spirituous liquors or the bottling, warehousing, or other handling of
distribution of rectified distilled spirits. Rectifiers may sell, deliver, or transport only
to wholesalers holding a valid permit to wholesale, to other rectifiers, or for the
purpose of export out of state.
SECTION TEN; IMC § 5.10.100 (Enforcement — Alcohol, Beer,
Liquor, and Wine) is hereby created and shall provide the following:
The Jacksonville Police Department and 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
Enforcement Department, depending on the nature and severity of any alleged
violations. As well, all such businesses, entities, and/or individuals are responsible
to comply with all other applicable local, state, and federal laws and regulations.
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PAGE SIX
SECTION ELEVEN; IMC § 5.10.110 (Penalties — Alcohol, Beer, Liquor,
and Wine) is hereby created and shall provide the following:
Any person(s) violating terms of these Code Provisions shall, upon conviction
thereof, be adjudged guilty of a violation and fined in a sum ranging from Fifty
Dollars ($50.00) not to exceed Five Hundred Dollars ($500.00) for each offense,
together with applicable court costs. Each individual such sale or permit violation
shall be considered a separate offense punishable as stated herein.
As well, dependent upon the nature of any such violation and/or the number of
times a Permittee has violated Code provisions, said business, entity, and/or
individual Permittee shall be subject to revocation of said Permit.
SECTION TWELVE,- IMC § 5.04.100 (Privilege License Tax) is
hereby amended to include the following:
(1) Permit Fee. There is hereby levied an annual permit fee of Two Hundred
Fifty Dollars ($250.00) for each and every retail liquor dealer engaged in the
business of selling and/or dispensing, at retail, any vinous (except wine), spirituous,
or malt liquors for Off -Premises consumption.
(2) Permit Fee. For the privilege of selling, at retail, beer and wine for Off
Premises consumption, there is hereby levied an annual permit fee as follows:
(a) For a retailer whose annual gross sales of beer and/or wine do not exceed
One Thousand Dollars ($1,000.00), the permit shall be One Hundred Dollars
($100.00);
(b) For a retailer whose annual gross sales of beer and/or wine exceed One
Thousand Dollars ($1,000.00), the permit fee shall be One Hundred Dollars
($100.00) plus One-half cent ($0.005) for each One Dollar ($1.00) of gross sales in
excess of One Thousand Dollars ($1,000.00);
(c) The permit fee for a new applicant with no sales history shall be One
Hundred Dollars ($100.00); and,
(d) For the purpose of renewing an existing permit, annual sales shall be the
actual gross sales for the previous calendar year. If the Permittee has not been in
operation for a full year at December 31St of the previous year, annual sales shall be
determined by dividing the total actual sales by the number of months of operation
and multiplying the result by Twelve (12).
ORDINANCE NO, 1512 (#05 — 2014)
PAGE SEVEN
(3) Permit Fee. There is hereby levied an annual permit fee of Two Hundred Fifty
Dollars ($250.00) for each and every retail liquor dealer engaged in the business of
selling and/or dispensing, at retail, any vinous (except wine), spirituous, or malt
liquors for On -Premises consumption.
(4) Permit Fee. For the privilege of selling, at retail, beer and/or wine for On
Premises consumption, there is hereby levied an annual permit fee as follows:
(a) For a retailer whose annual gross sales of beer and/or wine do not exceed
One Thousand Dollars ($1,000.00), the permit shall be One Hundred Dollars
($100.00);
(b) For a retailer whose annual gross sales of beer and/or wine exceed One
Thousand Dollars ($1,000.00), the permit fee shall be One Hundred Dollars
($100.00) plus One-half cent ($0.005) for each One Dollar ($1.00) of gross sales in
excess of One Thousand Dollars ($1,000.00);
(c) The permit fee for a new applicant with no sales history shall be One
Hundred Dollars ($100.00); and,
(d) For the purpose of renewing an existing permit, annual sales shall be the
actual gross sales for the previous calendar year. If the Permittee has not been in
operation for a full year at December 31St of the previous year, annual sales shall be
determined by dividing the total actual sales by the number of months of operation
and multiplying the result by Twelve (12).
(5) Supplemental Beverage Tax. In addition to the Two Hundred Fifty Dollars
($250.00) per year Permit Fee, JMC § 3.04.060 imposes and levies a City
supplemental tax of Ten Percent (10%) upon the annual gross receipts of alcohol
sales derived by On Premises Consumption Sales from charges to the members
and/or guests for the following services:
(a) For preparation and serving of mixed drinks, and,
(b) For the cooling and serving of beer and wine.
The City's Supplemental Tax is in addition to the State Supplemental Tax on alcohol
sales and shall be paid to the appropriate City official, shall be due monthly at the
same time that the State Supplemental Tax is due, and shall be accompanied by one
copy of the State Supplemental Tax Return. If any Permittee shall fail to remit the
Supplemental Tax within the time period that the State tax is due, a penalty of
Twelve and One Half (12.5%) of the tax due shall be due and payable in addition to
the Supplemental Tax due.
ORDINANCE NO. 1512 (#05 — 2014)
PAGE EIGHT
(6) Permit Fee. For the privilege of selling controlled beverages for On -Premises
consumption by hotels, motels, or restaurants, there is hereby levied annual permit
fees in the following acceptable amounts:
(a) Hotel or motel having fewer than One Hundred (100) rooms - Two Hundred Fifty
Dollars ($250.00);
(b) Hotel or motel having One Hundred (100) or more rooms - Five Hundred Dollars
($500.00);
(c) Restaurants having a seating capacity of less than One Hundred (100) persons -
Two Hundred Fifty Dollars ($250.00); and,
(d) Restaurants having a seating capacity of One Hundred (100) or more persons -
Five Hundred Dollars ($500.00).
(e) Any new permit issued for on -premises consumption hotel, motel, or restaurant
operations between July 1St and December 31St shall be One-half (1/2) of the rates
shown above.
(7) Supplemental Beverage Tax. In addition to the annual Permit Fees for the sale
of controlled beverages for on -premises consumption by hotels, motels, or
restaurants, JMC § 3.04.060 imposes and levies a City supplemental tax of Ten
Percent (10%) upon the annual gross receipts of alcohol sales derived by On
Premises Consumption Sales.
(8) Permit Fee. There is hereby levied an annual permit fee of Five Hundred Dollars
($500.00) for each and every large attendance facility within the City. For any new
permit issued between July 1St and December 31St, the permit fee shall be One-half
(1/2) of the above amounts. Large attendance facilities shall be subject to the same
Supplemental Beverage Taxes under JMC § 3.04.060, its due dates, and penalties as
On -Premises Consumption Permittee.
(9) Permit Fee. A permit fee of Two Hundred Fifty Dollars ($250.00) is levied
annually against all Off Premises Caterers. All Off Premises Caterer sales are
subject to Sales and Hotel Motel Restaurant Taxes identified in JMC § 3.06. as well
as Supplemental Beverages Taxes as identified in JMC § 3.04.060.
(10) Permit Fee. A permit fee of Five Hundred Dollars ($500.00) is hereby imposed
upon each manufacturing plant of spirituous alcohol, beer, liquor, and wine. Said
fee shall be imposed per manufacturing plant.
ORDINANCE NO. 1512 (#05 — 2014)
PAGE NINE
(11) Permit Fee. For the privilege of rectifying, blending, or flavoring spirituous
liquors, there is hereby assessed an annual permit fee of Seven Hundred Fifty
Dollars ($750.00) for each and every rectifying, blending, or flavoring plant.
SECTION THIRTEEN; All Ordinances, parts of Ordinances, or previous
actions taken by said Council in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION FOURTEEN; This Ordinance, necessary for the maintenance
of public facilities and the health, safety, and welfare of the citizens of Jacksonville,
should be implemented as soon as viable after proper notice is provided to the
established businesses, entities, individuals, and persons involved in said industry.
To provide such proper notice, this Ordinance shall be in force and effect on and
after July 1, 2014.
APPROVED AND ADOPTED THIS P DA Y OFAPRIL, 2014.
ATTEST.•
CITY OF JACKSONVILLE, ARKANSAS