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Ordinance 2011-13

ORDINANCE NO. 2011-13
AN ORDINANCE AMENDING ORDINANCE NO. 157 AND ORDINANCE
NO. 2007-18, CODIFIED AS TITLE 4, SECTION 4.08.01 AND
FOLLOWING IN THE JOHNSON MUNICIPAL CODE AND FOR
OTHER PURPOSES.

 


WHEREAS, education and experience have shown that businesses within the City which engage in the manufacture, transportation, storage, handling, receiving, distributing, selling, serving or dispensing, either at wholesale or retail of any controlled beverage, inclnding wine, require more and a heightened level of services from City staff and departments.

WHEREAS, it appears to the City Administration and the City Council that in years past all entities and persons required to purchase business licenses have in fact, along with the general fund, subsidized the services provided to businesses dealing with controlled beverages.

WHEREAS, the end of the year brings the requirement for issuance of business licenses for 2012 and gives opportunity to the Council to reallocate business license fees equitably based upon City services used and required from establishments within the City.

BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That,

Section 1: That Ordinance No. 157, Ordinance 2007-18 and Title 4 of the Johnson Municipal Code are hereby amended as set forth in Sections 2, 3, 4 and 5 hereof.

Section 2: That Section XVII of Ordinance No. 157 is hereby amended by deleting subsection (a) thereof.

Section 3: That Section III of Ordinance No. 157 is hereby amended by adding a second and third paragraph to said Section III as follows,

"Due to increased services being provided to businesses dealing with controlled beverages, an enhanced license fee to be determined from time to time by proper resolution of the City Council, shall be charged to any person, firm, partnership, LLC, corporation, trust or other legal entity who shall engage in, carry on, or follow any trade, business, profession, vocation or calling within the corporate limits of the City of Johnson (as such limits may from time to time be amended) which manufactures, transports, stores, handles, receives, distributes, sells, serves or dispenses, either at wholesale or retail, any controlled beverage, including wine, shall pay an annual fee as established for either a liquor business license or a beer/light wine business license."  

For purposes of this Ordinance the following definitions shall control: 

Alcoholic beverages means all intoxicating liquors of any sort, other than beer or wine.

Beer means any fermented liquor made from malt or any similar substance and having alcohol content not in excess of 5% or less than one-half of 1% by weight. 

Controlled beverages means all beverages of any kind subject to regulation under any alcoholic beverage control law of the State of Arkansas and this Ordinance. 

Light wine means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juice of grapes, berries, or fruits, having an alcoholic content between one-half of 1% and 5% alcohol by weight.

Malt beverage products means any liquor of brewed from the fermented juices of grain having an alcoholic content of not less than 5% nor more than 21% by weight.

Malt liquor means liquor brewed from the fermented juices of grain.

Spirituous means liquor distilled from the fermented juices of grains, fruits, or vegetables containing more than 21% alcohol by weight, or any other liquids that contain more than 21% alcohol by weight.

Vinous means the fennentecl juices of fruits containing more than 5% and not more than 21% alcohol by weight"

Section 4: That Section 2 of Ordinance 2007-18 is hereby amended by adding the following phrase after the title, "Section 14: License Fees," as amended, as follows:

"Except as provided in Section III, as amended, of Ordinance No. 157,"

Section 5: That Section 2 of Ordinance 2007-18 is further amended bv adding a second paragraph as follows:

"The business license fees for those businesses and enterprises covered by the 2d and 3d paragraphs of Section III, as amended, shall be determined from time to time by proper resolution of the Johnson City Council."

Section 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.


PASSED AND APPROVED this 18th day of January 2011.

ATTEST:

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