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ORDINANCE NO. <br />AN ORDINANCE TO ESTABLISH A TENIPORARI, <br />ENTERTAINNIENT DISTRICT IN RIVERSIDE PARK IN <br />BATESVILLE, ARKANSAS <br />WHEREAS, the State of Arkansas passed into law Act 812 of 2019, hereinafter <br />referred to as "Act 812," to promote hospitality and tourism; to establish areas of a city or town <br />that highlight restaurant, entertainment, and hospitality options; to establish temporary or <br />permanent designated entertainment districts; and for other purposes., and <br />WHEREAS, the State of Arkansas passed into law Act 874 of 2021, hereinafter <br />referred to as "Act 874," which amended the definition concerning the creation of a <br />designated entertainment district to read "contains any number and any combination of <br />restaurants, taprooms, taverns, entertainment establishments, hospitality establishments, <br />music venues, theaters, bars, private clubs, art galleries, art studios, tourist destinations, <br />distilleries, dance clubs, cinemas, or concert halls., and <br />WHEREAS, "Act 874" also amended the definition concerning the creation of a <br />designated entertainment district by a city, municipality, or incorporated town to read "A <br />city, a municipality, or an incorporated town collecting a gross receipts tax on prepared <br />food or hotel and motel accommodations under Arkansas Code §§ 26-75-602 - 26-75- <br />613 AND located in a county with established entities authorized by the Alcoholic <br />Beverage Control Division to sell alcoholic beverages"., and <br />WHEREAS, the City of Batesville has previously established the Batesville <br />Advertising & Promotion Commission and currently collects a gross receipts tax on hotel <br />and motel accommodations., and <br />WHEREAS, there currently exists within the proposed temporary entertainment <br />district the River Restaurant at 50 Riverbank Road which holds an active private club <br />permit to sell alcoholic beverages, and <br />WHEREAS, "Act 812" together with "Act 874" allows the Council to establish a <br />temporary entertainment district within the corporate limits of the City of Batesville, <br />Arkansas., and <br />WHEREAS, the Council believes that the creation of a temporary entertainment <br />district will help promote an atmosphere aimed at facilitating business and promoting <br />tourism., and <br />WHEREAS, the Council finds that other cities, have had success with such districts, <br />and believes that it is in the best interest of the City of Batesville, Arkansas, to provide for the <br />creation of such a district as provided in this ordinance., and <br />WHEREAS, nothing herein is intended to confer any rights or entitlement. Selling <br />alcohol within an area designated as an entertainment district is a privilege, not a right, and is <br />subject at all times to reasonable regulation by local, state, and federal authorities., and <br />WHEREAS, subject to the terms and limitations of Arkansas Law and this Ordinance, <br />