§ 6-31. Retail.

(a)

Retail liquor off-premises permit. Authorizes the purchase of spirituous and vinous beverages from any person holding a valid wholesale liquor permit and the sale of such beverages at retail to consumers for consumption off the premises; any holder of a liquor off-premises permit may also purchase malt liquors containing more than five percent alcohol by weight from either persons holding a wholesale beer permit or a wholesale liquor permit, and sell such beverages to consumers for consumption off the premises described in the permit. It shall be unlawful for any person to accept retail orders for any spirituous, vinous, or malt liquors for delivery outside of the premises of the store operated by such person.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15 of $250.00 for each and every retail liquor dealer engaged in the business of selling or dispensing, at retail any vinous (except wine), spirituous, or malt liquors for off-premises consumption.

(2)

Hours of operation. It shall be unlawful for any person to sell or offer to sell an controlled beverages for off-premises consumption before the hour of 7:00 a.m. or after the hour of 11:00 p.m. on weekdays, after the hour of 12:00 midnight on Friday or Saturday and at any hour on Sunday on Christmas Day, or during any 24-hour period designated an emergency by the mayor or the board of directors.

(b)

Retail beer and light wine off-premises permit. Authorizes the purchase of beer, light wine, or malt liquor containing less than five percent alcohol by weight from wholesalers holding a valid permit and the sale of such controlled beverages for consumption off the premises described in the permit.

(1)

Permit fee. For the privilege of selling beer and light wine, at retail, for off-premises consumption, there is hereby levied an annual permit fee renewable on September 15 as follows:

a.

For a retailer whose annual gross sales of beer and/or light wine do not exceed $1,000.00, the permit fee shall be $15.00.

b.

For a retailer whose annual gross sales of beer and/or light wine exceed $1,000.00, the permit fee shall be $15.00 plus one-half-cent for each dollar of gross sales in excess of $1,000.00.

c.

The permit fee for a new applicant with no sales history shall be $40.00.

d.

For the purpose of renewing an existing permit, annual sales shall be the actual gross sales for the previous calendar year. If the permittee has not been in operation for a full year at December 31 of the previous year, annual sales shall be determined by dividing the total actual sales by the number of months of operation and multiplying the result by 12.

e.

If a new permit was issued between March 15 and September 14, the first renewal rate (due on September 15 of the issue year) shall be $40.00.

(2)

Hours of operation. It shall be unlawful for any person to sell or offer to sell beer or light wine for off-premises consumption before the hour of 7:00 a.m. or after the hour of 11:00 p.m. on weekdays, after the hour of 12:00 midnight on Friday or Saturday, at any hour on Sunday, on Christmas Day, or during any 24-hour period designated an emergency by the mayor or board of directors.

(c)

Retail beer and light wine on-premises permit. Authorizes the purchase of beer, light wine, or malt liquor containing less than five percent alcohol by weight from a wholesaler holding a valid permit and the sale of such controlled beverages for consumption on or off the premises described in the permit.

(1)

Permit fee. There is hereby levied an annual permit fee of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off premises in [subsection] (b) above.

(2)

Hours of operation. It shall be unlawful for any person to serve, sell, offer for sale, or give away for consumption on-premises any beer or light wine between the hours of 1:00 a.m. and 7:00 a.m. on Monday through Saturday, on Sunday except during the hours of 10:00 a.m. until midnight, on Christmas Day, or during any 24-hour interval designated an emergency period by the mayor, board of directors, or any person acting in the mayor's or the board of director's capacity.

(d)

Private club permit. Authorizes the purchase of any controlled beverages from persons holding an off-premises retail liquor or beer permit who have been designated by the director of the State Alcoholic Beverage Control Board as a private club distributor, and authorizes the dispensing of such beverages for consumption on the premises of the private club to members and guests only of the private club. (Private clubs holding a retail beer on-premises permit may purchase beer, light wine, or malt liquor containing not more than five percent alcohol by weight from holders of valid wholesale beer permits).

(1)

Permit fee. For the privilege of operating a private club within the city, there is hereby levied an annual permit fee of $250.00. For any new private club permit issued between March 15 and September 14, the first renewal rate (due on September 15 of the issue year) shall be $125.00.

(2)

Supplemental beverage tax. In addition to the $250.00 per year permit fee, there is hereby imposed and levied a city supplemental tax of five percent upon the annual gross receipts which are derived by such private club from charges to the members and/or their guests for the following services:

a.

For the preparation and serving of mixed drinks; and

b.

For the cooling and serving of beer, light wine, and wine.

The city's supplemental beverage tax is in addition to the state supplemental tax on private clubs and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12½ percent of the tax due shall be due and payable in addition to the tax.

(3)

Hours of operation. It shall be unlawful for the owner, operator, or any employee of a private club to serve or permit the consumption of any controlled beverages on the premises of said private club between the hours of 2:00 a.m. and 10:00 a.m. on any day, or during any 24-hour interval designated an emergency period by the mayor, board of directors, or any person acting in the mayor's or the board of director's capacity.

(e)

On-premises consumption—Hotel, motel or restaurant permit. Authorizes the purchase of any controlled beverages from persons holding a valid wholesale permit and the sale of such beverages for consumption on the premises of the restaurant described in the permit or in-room hospitality units of the hotel or motel described in the permit. (Persons holding an on-premises consumption hotel, motel, or restaurant permit are not required to have a retail beer permit).

(1)

Permit fee. For the privilege of selling controlled beverages for on-premises consumption by hotels, motels, or restaurants, in accordance with A.C.A. § 3-9-201 et seq., there is hereby levied annual permit fees in the following applicable amounts:

a.

Hotel or motel having fewer than 100 rooms, $250.00.

b.

Hotel or motel having 100 or more rooms, $500.00.

c.

Restaurants having a seating capacity of less than 100 persons, $250.00

d.

Restaurants having a seating capacity of 100 or more persons, $500.00.

e.

Any new permit issued for on-premises consumption hotel, motel, or restaurant operations between March 15 and September 14, shall be at one-half the rates shown above.

(2)

Supplemental beverage tax. In addition to the annual permit fees for the sale of controlled beverages for on-premises consumption by hotels, motels, or restaurants, there is hereby levied a city supplemental beverage tax of five percent upon the annual gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than five percent alcohol by weight, shall not be subject to the supplemental beverage tax.

The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12½ percent of the tax due shall be due and payable in addition to the tax.

(3)

Hours of operation. It shall be unlawful for any person holding an on-premise consumption hotel, motel or restaurant permit to sell, offer for sale, serve give away, or permit consumption of any controlled beverages between the hours of 2:00 a.m. and 10:00 a.m. on Monday through Saturday, on Sunday except between the hours of 10:00 a.m. until midnight (except when a Sunday falls on December 31 of any year, in which case until 2:00 a.m. the following Monday), on Christmas Day, or during any 24-hour interval designated an emergency period by the mayor, board of directors, or any person acting in the mayor's or the board of director's capacity.

(f)

Large attendance facility permit. Authorizes the sale of all types of controlled beverages by a facility which houses a convention center activity, or tourism activity where such establishment has a seating capacity of not less than 500 people and which serves controlled beverages only on the premises on days that meals and food are served at one or more places on the premises.

(1)

Permit fee. There is hereby levied an annual permit fee of $500.00 for each and every large attendance facility within the city. For any new permit issued between March 15 and September 14, the permit fee shall be one-half of the above amount.

(2)

Supplemental beverage tax. Large attendance facilities shall be subject to the same supplemental beverage taxes, due dates, and penalties as on-premises consumption hotel, motel, or restaurant permittees in [subsection] (e).

(3)

Hours of operation. The hours of operation for large attendance facility permittees shall be the same as those allowed for on-premises consumption hotel, motel, or restaurant permittees in [subsection] (e).

(g)

Off-premises caterer permit. Authorizes the purchase of alcoholic beverages from a retailer to transport to a private function which is being catered by the permit holder and to serve alcoholic beverages to attendees of the private function in conjunction with catered food.

(1)

Permit fee. A permit fee of $250.00 is levied annually, renewable on September 15. For any new permit issued between March 15 and September 14, the permit fee shall be half of the above amount.

(2)

Hours of operation. The hours of operation for an off-premises catering permittee shall be the same as those allowed for on-premises consumption hotel, motel, or restaurant permittees in [subsection] (e).

(h)

Restaurant beer and wine permit. Authorizes a restaurant which has a valid state restaurant beer and wine permit to obtain a City of Siloam Springs Restaurant Beer and Wine Permit for the retail sale of beer and wine pursuant to A.C.A. § 3-9-301 and § 3-4-1001 et seq.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15, of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises and on-premises permits in subsections (b) and (c) of this section.

(2)

Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the retail beer and light wine on-premises permit of subsection (c).

(i)

Satellite catering permit to serve large meeting or attendance facility. Only caterers with on-premises consumption - hotel, motel and restaurant permits authorized by subsection (e) may cater alcoholic beverages in large meeting and attendance facilities as defined in A.C.A. § 3-9-202.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15 for a satellite catering permit of $250.00. For any new permit issued between March 15 and September 14, the permit fee shall be half of the above amount.

(2)

Supplemental beverage tax. Satellite catering activities will be subject to the same supplemental beverage taxes, due dates, and penalties as on-premises consumption hotel, motel, or restaurant permittees in subsection (e).

(3)

Hours of operation. The hours of operation for any satellite catering permittee shall be the same as those allowed for on-premises consumption hotel, motel, or restaurant permittee in subsection (e).

(j)

Special event alcohol permit . Authorizes any person, 21 years of age or older and not otherwise prohibited by the laws of the State of Arkansas or the United States, to purchase a permit authorizing the dispensing of controlled beverages for consumption on private premises that are not otherwise licensed for such distribution by the City of Siloam Springs. Said permit shall be subject to the following conditions:

a.

Application for said permit must be made no less than 15 days in advance.

b.

Said permit shall be good for the hours of 10:00 a.m. to 12:00 midnight during one 24-hour period designated by the applicant.

c.

Said permit shall not authorize the dispensing of any controlled beverages on city property, or any other location prohibited by law, including within applicable distances from church or school buildings.

d.

No person or entity may obtain more than six special event alcohol permits during any given calendar year.

e.

The city reserves the right to deny any request for a special event alcohol permit if, in the opinion of the city administrator, fire chief, chief of police or any public health official, such permit would be detrimental to public health, safety or welfare.

(1)

Permit fee . The special event alcohol permit fee shall be $25.00, payable at the time of application.

(2)

Hours of operation . It shall be unlawful for the holder of any special event alcohol permit, or their agent or employee, to serve or permit the consumption of any controlled beverages on the permitted premises outside of the hours set forth in the permit, or during any 24-hour interval designated an emergency period by the mayor, board of directors, or any person acting in the mayor's or the board of director's capacity.

(k)

Microbrewery-restaurant permit. Authorizes an establishment, with appropriate state licenses, to operate a microbrewery which shall manufacture one or more varieties of beer or malt beverage in an aggregate quantity not to exceed 5,000 barrels per year and to store any such beer or malt beverage and any other beer or malt beverage which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state on the microbrewery-restaurant licensed premises. The establishment holding said permit may also:

a.

Operate a restaurant (if otherwise properly zoned and licensed by the city) which shall be the sales outlet for beer or malt beverage manufactured by the microbrewery and which shall sell the beer or malt beverage and any other beer or malt beverage which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises;

b.

Sell on the premises beer or malt beverages manufactured by the microbrewery in brewery-sealed packages at retail directly to the consumer for off-premises consumption;

c.

Provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special event alcohol permits as provided for by the alcoholic beverage control board, and City of Siloam Springs, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses. The sale of those products shall be limited to the duration of the particular special event; and

d.

Sell beer or malt beverages manufactured by the microbrewery-restaurant to a nonprofit corporation leasing space in the microbrewery-restaurant or in an adjoining building.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15, of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises and on-premises permits in subsections (b) and (c) of this section.

(2)

Supplemental beverage tax. In addition to the annual permit fees for the sale of controlled beverages for on-premises consumption by microbrewery-restaurants, there is hereby levied a city supplemental beverage tax of five percent upon the annual gross proceeds or gross receipts from the sale of malt beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than five percent alcohol by weight, shall not be subject to the supplemental beverage tax.

The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12½ percent of the tax due shall be due and payable in addition to the tax.

(3)

Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the retail beer and light wine on-premises permit of subsection (c).

(l)

Small brewery permit. Authorizes an establishment licensed by the Alcoholic Beverage Control Division of the State of Arkansas under the Arkansas Small Brewery Act (A.C.A. § 3-5-1401 et seq.) and meeting all the requirements thereof to:

a.

Sell to the consumer for consumption on the premises of the small brewery beer produced by the small brewery or another small brewery, or wine.

b.

Store any beer, malt beverages, and hard cider produced or legally purchased for resale on the premises;

c.

Sell by the drink or by the package, beer produced on the premises of the small brewery at fairs and food and beer festivals with the permission and the consent of the management of the events;

d.

Notwithstanding the provisions of any other law to the contrary, beer, malt beverages, and hard cider may be sold for on-premises or off-premises consumption during all legal operating hours in which business is normally and legally conducted on the small brewery premises, if:

(1)

The brewery provides tours through its facility; and

(2)

Only sealed containers are removed from the premises.

e.

A small brewery may provide beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations or sell for resale beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board, provided that the sale of those products is limited to the duration of the particular special event.

f.

A small brewery licensed hereunder may engage in any other activity specifically authorized by the Alcoholic Beverage Control Division of the State of Arkansas under the Arkansas Small Brewery Act (AR Code § 3-5-1401 et seq.) that is not in conflict with any other provision of this Code or otherwise prohibited.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15, of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises and on-premises permits in subsections (b) and (c) of this section.

(2)

Supplemental beverage tax. In addition to the annual permit fees for the sale of controlled beverages for on-premises consumption by small breweries, there is hereby levied a city supplemental beverage tax of five percent upon the annual gross proceeds or gross receipts from the sale of malt beverages and hard cider pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than five percent alcohol by weight, shall not be subject to the supplemental beverage tax.

The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12½ percent of the tax due shall be due and payable in addition to the tax.

(3)

Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the retail beer and light wine on-premises permit of subsection (c).

(m)

Nano brewery permit. Same provisions as small brewery permit above, but the total production of the permitted brewery shall be limited to no more than five thousand (5,000) barrels per year. Each permitted nano brewery shall submit documentation of total production each year as part of the permit renewal process per section 6-4(d) of this chapter.

(n)

Retail native beer permit. Authorizes the permit holder, per the Arkansas Small Brewery Act (A.C.A. § 3-5-1406 et seq.), to sell at retail beer and malt beverages produced by small brewers licensed under A.C.A. § 3-5-1405 and microbrewery-restaurants under A.C.A. § 3-5-1204. The native beer and native malt beverages may be sold for consumption either on- or off-premises under the same provisions as set forth in subsections (b) or (c) of this section, whichever is applicable.

(1)

Permit fee. There is hereby levied an annual permit fee renewable on September 15, of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises and on-premises permits in subsections (b) and (c) of this section. Exception: any holder of an existing retail permit per subsection (b) or (c) of this section shall pay a $50.00 fee for this permit.

(2)

Supplemental beverage tax. In addition to the annual permit fees for the sale of controlled beverages for on-premises consumption by establishments holding a retail native beer permit, there is hereby levied a city supplemental beverage tax of five percent upon the annual gross proceeds or gross receipts from the sale of malt beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than five percent alcohol by weight, shall not be subject to the supplemental beverage tax.

The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12½ percent of the tax due shall be due and payable in addition to the tax.

(3)

Hours of operation. It shall be unlawful for any restaurant to sell beer or wine through this permit beyond the hours established for the retail beer and light wine on-premises permit of subsection (c).

(o)

Grocery store wine permit. Authorizes the permit holder to purchase and sell grocery store wine for off-premises consumption at a single location in accordance with A.C.A. § 3-5-1802 et seq. In addition, a permit holder may conduct tasting events for educational and promotional purposes on the permittee's premises after obtaining a wine sampling permit from the Arkansas Alcoholic Beverage Control Division per A.C.A. § 3-5-104.

(1)

Permit fee. There is hereby levied an annual permit fee of $200.00 for each and every grocery store wine permit issued within the city. For any new permit issued between March 15 and September 14, the permit fee shall be one-half of the above amount.

(Ord. No. 13-01, § I, 2-5-2013; Ord. No. 14-05, § I, 3-18-2014; Ord. No. 16-01, §§ 10, 11, 2-2-2016; Ord. No. 17-08, §§ 5, 6, 5-2-2017; Ord. No. 17-33, § IV, V, 1-2-2018)

State law reference

Sunday sales and sales between 1:00 a.m. and 7:00 a.m. weekdays prohibited, A.C.A. § 3-3-210; sales on Christmas Day prohibited, A.C.A. § 3-3-211; fees, A.C.A. § 3-4-604 and § 3-7-111; permits generally, A.C.A. § 3-5-212; licenses—scope—restrictions (microbreweries), A.C.A. § 3-5-1204; small breweries, A.C.A. § 3-5-1401 et seq.; sale of wine at grocery stores, A.C.A. § 3-5-1801 and 3-5-1802 et seq.; large facility defined, A.C.A. § 3-9-202(8)(B)(i); satellite catering, A.C.A. § 3-9-202(8)(B)(ii)(c); on-premises consumption: scope generally, A.C.A. § 3-9-211; fees and taxes generally, A.C.A. § 3-9-212—3-9-214; authorization of Sunday sales on December 31, A.C.A. § 3-9-215; private clubs: permit fees, A.C.A. § 3-9-222 and § 3-9-223; closing hours generally, A.C.A. § 3-9-233.