HomeMy WebLinkAbout2018-07-02 ORDINANCE NO. 010 ` ���
AN ORDINANCE LIMITING THE OPERATING HOURS FOR BARS,
NIGHTCLUBS, AND PRIVATE CLUBS; AND FOR OTHER PURPOSES
WHEREAS, at the time this ordinance is under consideration there are
approximately ten (10) private clubs with an appropriate license from the Alcohol
Beverage Control Board of the Arkansas Department of Finance and Administration
which currently operate within the corporate City Limits of the City of Batesville,
Arkansas; and,
WHEREAS, the City Council of the City of Batesville wishes to ensure the
safety of the patrons and employees of those private clubs which may operate as late as 5
am; and
WHEREAS, pursuant to the exercise of its Police powers the City Batesville,
Arkansas, believes that limiting the hours of operation of these private clubs will help to
ensure the safety of patrons and employees of these private clubs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BATESVILLE, ARKANSAS:
SECTION l: Definitions. "Premises" means the entire property area on which
alcoholic beverages are sold, dispensed or consumed and includes buildings, foyers,
attached structures and parking areas. "Bars, nightclubs, or private clubs" means and is
meant to include any establishment which sells alcoholic beverages for consumption on
the premises.
SECTION 2: Hours of operation. It shall be unlawful for owner, operator, or an
employee of a bar, nightclub, or private club to serve alcoholic beverage or permit the
consumption of any alcoholic beverages on the premises of said business between the
hours of 1:00 a.m. and 9:00 a.m. on any day. Said bar, nightclub or private club shall
close no later than 1:00 a.m. on any day. In the event state law is more restrictive, the
more restrictive state law hours shall control.
SECTION 3: Vacation of premises by patrons, members, and guests. It shall be
unlawful for any patron, member, or guest to remain upon the premises of any bar,
nightclub, or private club that sells, serves or permits the consumption of alcoholic
beverages for more than 30 minutes after the established closing hour.
SECTION 4: Penalty. Any violation of this section shall be deemed a
misdemeanor and upon conviction shall be punished by a fine of$100.00 to $500.00.
SECTION 5: That all ordinances and parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any portion or portions of this ordinance are deemed or held to
be invalid, such invalidity shall not affect the remaining portions of this ordinance.
EMERGENCY CLAUSE: The City of Batesville has an obligation to provide
adequate protection for the persons and property of its citizens. That limiting the hours of
operation of bars, nightclubs, and private clubs will help to limit overconsumption of
alcohol which will necessarily increase safety for patrons, employees, the general
population, as well as personal property. That some of these bars, nightclubs, and private
clubs currently operate well beyond 1 am. Therefore, the need for enforcement of this
ordinance is immediate. Therefore an emergency is hereby declared to exits and this
ordinance shall be in full force and effect from and after the date of its passage in order to
preserve the public peace, health, and safety, as well as to protect the city economically.
PASSED AND APPROVED this3I'lt-day of , 2018.
ATTEST:
R ck El baug , MAYO
Denise Johnston
CITY CLERK