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Home My WebLink About2022-06-02 ORDINANCE NO,5��9'0( --OR AN ORDINANCE TO ESTABLISH A TEMPORARY ENTERTAINMENT DISTRICT IN RIVERSIDE PARK IN BATESVILLE, ARKANSAS WHEREAS, the State of Arkansas passed into law Act 812 of 2019, hereinafter referred to as "Act 812," to promote hospitality and tourism;to establish areas of a city or town that highlight restaurant, entertainment, and hospitality options; to establish temporary or permanent designated entertainment districts; and for other purposes., and WHEREAS,the State of Arkansas passed into law Act 874 of 2021, hereinafter referred to as "Act 874," which amended the definition concerning the creation of a designated entertainment district to read "contains any number and any combination of restaurants, taprooms, taverns, entertainment establishments, hospitality establishments, music venues, theaters, bars, private clubs, art galleries, art studios,tourist destinations, distilleries, dance clubs, cinemas, or concert halls., and WHEREAS, "Act 874" also amended the definition concerning the creation of a designated entertainment district by a city, municipality, or incorporated town to read "A city, a municipality, or an incorporated town collecting a gross receipts tax on prepared food or hotel and motel accommodations under Arkansas Code §§ 26-75-602 - 26-75- 613 AND located in a county with established entities authorized by the Alcoholic Beverage Control Division to sell alcoholic beverages"., and WHEREAS, the City of Batesville has previously established the Batesville Advertising & Promotion Commission and currently collects a gross receipts tax on hotel and motel accommodations., and WHEREAS, there currently exists within the proposed temporary entertainment district the River Restaurant at 50 Riverbank Road which holds an active private club permit to sell alcoholic beverages, and WHEREAS, "Act 812" together with "Act 874" allows the Council to establish a temporary entertainment district within the corporate limits of the City of Batesville, Arkansas., and WHEREAS,the Council believes that the creation of a temporary entertainment district will help promote an atmosphere aimed at facilitating business and promoting tourism., and WHEREAS, the Council finds that other cities, have had success with such districts, and believes that it is in the best interest of the City of Batesville, Arkansas, to provide for the creation of such a district as provided in this ordinance., and WHEREAS, nothing herein is intended to confer any rights or entitlement. Selling alcohol within an area designated as an entertainment district is a privilege, not a right, and is subject at all times to reasonable regulation by local, state, and federal authorities., and WHEREAS, subject to the terms and limitations of Arkansas Law and this Ordinance, the City of Batesville, Arkansas, wishes to establish a temporary entertainment district in Riverside Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS, AS FOLLOWS: Section 1. Creation and Establishment ofa Temporary Entertainment District. Under the authority granted in Act 812 of 2019 and Act 874 of 2021 the City Council does hereby create and establish a temporary entertainment district in Riverside Park in Batesville, Arkansas, with the areas and boundaries as set forth and designated on the map which is attached hereto as"Exhibit A"and incorporated herein. Section 2. District to be temporary in nature. The entertainment district created herein shall be temporary in nature and shall only exist during specific dates, times and for specific events as designated by the Mayor through proclamation. The boundaries for the temporary entertainment district in Riverside Park are shown on the attached "Exhibit A". Section . Outside Consumption of Alcoholic Beverages Permitted; Conditions. Any on-premise retail alcohol beverage licensee shall comply with all laws, rules, and regulations which govern its license type, except that a patron, guest or member of that licensee may exit the licensed premises on the dates and at the times specified in the Mayoral Proclamation,with no more than one open container of an alcoholic beverage and consume said alcoholic beverage anywhere within the confines of the temporary entertainment district in which the alcoholic beverage was obtained subject to the following regulations: (1) A person may enter a premise with an open container of alcoholic beverages acquired elsewhere only if allowed by that premises. (2) A licensee shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup imprinted with the entertainment district logo, no less than 2.0" wide by 1.5" tall in size, as designated by the City, (logo attached hereto and incorporated herein as "Exhibit B") and no such alcoholic beverage shall be removed from the licensed premises in a can,bottle,or glass container. Cups may or may not contain lids and straws and may contain other promotional information. (3) No licensee shall allow a patron,guest or member to exit its licensed premises with more than one open container of alcoholic beverages,and it shall be unlawful for any person to exit such licensed premises with more than one such open container. (4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can,bottle,or glass container,or to possess any open can,bottle,or glass container of alcoholic beverages on the streets, sidewalks, rights-of-way,and parking lots located within said temporary entertainment district. (5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. (6) No person shall possess on the streets,sidewalks,rights-of-way, parking lots,or outdoor public areas located within the temporary entertainment district any open alcoholic beverage container which exceeds 16 fluid ounces in size. (7) During a designated temporary entertainment district event all licensees within the entertainment district shall display at all public exits the rules of the entertainment district, a map of the entertainment district boundaries and a copy of the Mayoral Proclamation setting the dates and times for the operation of the temporay entertainment district. This information shall not be displayed at times when there is no temporary entertainment district in effect. Section 3. Consumption or possession of Alcoholic Beverages in a Motor Vehicle Prohibited. It shall be unlawful for any person to consume alcoholic beverages orpossess an open container of any alcoholic beverages while in the confines of a motor vehicle while the motor vehicle is located upon any public street,parking lot or other place to which the public has or is permitted to have access within said entertainment district. Section 4. Alcoholic Beverages Purchased Outside the Entertainment District Not Allowed in Open Containers in District. No alcoholic beverages purchased outside ofthe entertainment district shall be allowed in open containers in the entertainment district. Section 5. Nothing contained in this ordinance shall diminish the requirements of the Alcohol Beverage Control Division concerning permits issued within the designated entertainment district. Section It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health, safety and welfare shall be in force and take effect immediately upon its passage. PASSED AND APPROVED THISC�J&AY OF JUNE,2022. /21, �P/ Rick Elumbaugh, Mayo ATTEST: La4cv A Denise Johnston, 01 ty Clerk Apprqved As To Form: m eitzen, Exhibit"A" Leval Description of Temporary Entertainment District in Riverside Park A part of Section 21, Township 13 North, Range 6 West in Independence County,Arkansas described as follows: Beginning at the intersection of the north bank of Stillhouse Branch with the left bank(north bank)of White River; thence in an easterly direction along and with the north bank of Stillhouse Branch to the centerline of Cheney Drive;thence in a generally southeasterly direction along and with the centerline of Cheney Drive to a point at its intersection with the centerline(extended)of Riverbank Road;thence in a generally southerly to a point perpendicular to the northwest corner of Tract 1 of the James Burnett and Sabina Burnett Revocable Trust, recorded as Warranty Deed in Deed Book 2019,pages 2549-2551;thence to said northwest corner of said property;thence along the west boundary of said property as follows: South 63 degrees 30 minutes West a distance of 79.6 feet;thence South 34 degrees 43 minutes East a distance of 99.0 feet; thence South 54 degrees 43 minutes West a distance of 200.6 feet;thence leaving said Burnett property line following continuing along a line bearing South 54 degrees 43 minutes to its intersection with the left bank(north bank)of the White River, the same being the corporate limits of the City of Batesville, more or less;thence in a generally northwestern direction along and with the left(northern)bank of White River to its intersection with the north bank of Stillhouse Branch and the beginning point of this description. Aerial Photograph depicting the boundaries (in yellow) of a temporary entertainment district in Riverside Park, Batesville, Arkansas to Exhibit`B" Entertainment District Logo E 0"1 T D 1ST R I O T BAT ESVILLE �R