1723ORDINANCE NO. ~ ~~~
AN ORDINANCE TO ESTABLISH AN ANNUAL PERMIT FEE FOR ALL
RESTAURANTS THAT HAVE BEEN GRANTED A LARGE ATTENDANCE
FACILITY MIXED DRINK PERMIT OR A PARI-MUTUAL MIXED DRINK
PERMIT; TO PROVIDE FOR THE TIME OF PAYMENT OF SUCH PERMIT;
AND FOR OTHER PURPOSES.
WHEREAS, A.C.A. §3-9-227 created the large attendance
F
i
facility mixed drink permit applicable to any large attendance
facility defined by A.C.A. §3-9-202(8)(B) in which pari-mutual
wagering has been authorized by law; and
WHEREAS, A.C.A. ~3-9-238 created the pari-mutual mixed
drink permit applicable to any restaurant as defined by A.C.A.
§3-9-202(8)(A) in any county where pari-mutual wagering has
been authorized by law; and
WHEREAS, facilities and restaurants holding either a large
attendance facility mixed drink permit or a pari-mutual mixed
drink permit were previously subject to the permits and permit
fees set out in Chapter 5.48 of the West Memphis Municipal
Code; and
WHEREAS, such facilities and restaurants should continue
to be subject to permit requirements and permit fees as
established by the City of West Memphis;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. An annual permit fee in the amount of $250.00
is hereby levied and assessed on each and every large
attendance facility, as defined by A.C.A. §3-9-202(8)(B), which
has been granted a large attendance facility mixed drink permit
as authorized by A.C.A. §3-9-227.
SECTION 2. An annual permit fee in the amount of $250.00
is hereby levied and assessed on each and every restaurant, as
defined by A.C.A. §3-9-202(8)(A), which has been granted a
pari-mutual mixed drink permit as authorized by A.C.A. §3-9-
238.
SECTION 3. The permit fees as set out herein shall be due
and payable on January lst of each year by all such facilities
or restaurants as hereinabove set out and said permit fees
shall become delinquent on February 1st thereafter. Any such
facility or restaurant as hereinbefore mentioned from which a
permit fee is payable to the City of West Memphis under this
ordinance subsequent to January 1st of any year, shall
immediately apply for and pay the permit fee provided for in
this ordinance and if the permit fee is not paid within thirty
days after such facility or restaurant is granted a large
attendance facility mixed drink permit or a pari-mutual mixed
drink permit by the Alcoholic Beverage Control Division then
said fee shall be delinquent and the Chief of Police shall
forthwith notify the Alcoholic Beverage Control Division of
such delinquency and request that the permit issued by the
Alcoholic Beverage Control Division be revoked.
SECTION 4. Pursuant to A.C.A. §3-9-214, there is levied a
supplemental tax of five percentum upon the gross proceeds or
gross receipts from the sale of alcoholic beverages by any
facility or restaurant holding a large attendance facility
mixed drink permit or a pari-mutual mixed drink permit.
-2-
SECTION 5. The supplemental tax shall be reported and paid
to the Clerk of the City of West Memphis.
SECTION 6. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
ADOPTED this ~}~ day of ~ANy•4R y , 19 96
ATTEST:
AL BOALS, Mayor
DAN CRAFT, C
SPONSORED BY:
wC / C>~
RECEIVED;
CITY CLERK OFFICE
DATE / 2~/ ~ - 9.S" J/:'Jan..
C. ~J'I.tan.uvooat
O
~"
-3-