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ORDINANCE NO,5��9'0( --OR
<br /> AN ORDINANCE TO ESTABLISH A TEMPORARY
<br /> ENTERTAINMENT 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,
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