CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Consider the following concerning permitting process for private clubs:

  1. Adopt an Ordinance granting the request for prerequisite municipal approval of a private club application for Broadway Billiards. (Terri Tussey) (ADMIN) Jacob Potter, Potter Law Firm representing Broadway Billiards
  2. This ordinance requires an emergency clause: An emergency clause requires a separate and distinct vote of the board and is valid only if there is a two-thirds vote of approval by the board. (Hdbk. Const. Amend 7)

 

AGENDA DATE:  August 20, 2018

ITEM#:  8

DEPARTMENT:   Administration

DATE SUBMITTED:  August 9, 2018

PREPARED BY: City Clerk Heather Soyars

SUBJECT: private club license

EXHIBITS:  Ordinance and Application.

APPROVAL:

 

 

EXPENSE REQUIRED: none

AMOUNT BUDGETED: none

APPROPRIATION REQUIRED: none

SUMMARY:

SB 623 application for permit to operate as a private club may be made to the municipality in which the private club seeks to be located, instead of the Alcoholic Beverage Control Division.  Broadway Billiards, 203 East Broad Street, is requesting prerequisite approval.

BOARD ACTION: The City Manager and staff recommend approval.

 

EMERGENCY CLAUSE: An emergency clause is requested to continue the application process through the State.


ORDINANCE NO. _______

AN ORDINANCE GRANTING THE REQUEST FOR PREREQUISITE MUNICIPAL APPROVAL OF A PRIVATE CLUB APPLICATION BY TERRI TUSSEY, AS APPLICANT, ON BEHALF OF BROADWAY BILLIARDS, INC.; DECLARING AN EMERGENCY: AND FOR OTHER PURPOSES

 

WHEREAS, pursuant to the provisions of Ark. Code Ann. §3-9-222 and Rules and Regulations adopted by the Arkansas Alcoholic Beverage Control Division (the “ABC”) in accordance therewith requiring prior municipal approval by ordinance as a prerequisite to submittal of certain applications to the ABC or its Director relating to private clubs, request has been made that this Board of Directors of the City of Texarkana, Arkansas, approve the application of Terri Tussey as applicant for Broadway Billiards, Inc., for a private club at 203 East  Broad Street, Texarkana, Arkansas; and

NOW THEREFORE, BE IT ORDAINED, by the Board of Directors of the City of Texarkana, Arkansas, that:

Section 1.  The request of Terri Tussey, on behalf on Broadway Billiards, Inc., for prerequisite municipal approval of an application for a private club at 203 East Broad Street as required by Ark. Code Ann. §3-9-222 and the Rules and Regulations of the ABC is hereby granted.

Section 2.  Nothing contained herein shall be deemed to be a municipal endorsement of any business operation, nor a waiver of the application of any City ordinance or other local, state or federal law, rule or regulation, now or hereafter adopted.

Section 3.  This action being necessary for the preservation of the public peace, health and safety, and a separate and distinct vote having been taken on this emergency clause, an emergency is therefore declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval.

           


PASSED AND APPROVED this 20th day of August, 2018.

 

 

 

_____________________________

Ruth Penney Bell, Mayor

 

 

 

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

 

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney