§ 3-101. On-premises consumption.

(a)

In this article, "hotel," "motel," "restaurant," "large attendance facility" and "satellite catering" have the meanings assigned to the terms by A.C.A. § 3-9-202.

(b)

Any person who shall violate any provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, may be fined not more than one thousand dollars ($1,000.00), and in the discretion of the court, imprisoned for not more than six (6) months. Each violation shall constitute a separate offense.

(c)

No hotel, motel, restaurant, or large attendance facility shall sell or serve mixed drinks for on premises consumption, beer or wine without first obtaining the required permit therefor from the city. No such permittee will sell or serve mixed drinks at a satellite catering location without first obtaining a satellite catering permit from the city.

(d)

Application for a permit required by the provisions of this division shall be made to the city administrator or to such other person as may be designated by the city administrator.

(e)

No permit shall be issued under the provisions of this division to any hotel, motel, restaurant or large attendance facility that does not hold a valid permit from the state.

(f)

The application for a permit required by the provisions of this division shall be accompanied by an annual permit fee in the amount established by the board of directors.

(g)

The annual fees for the permits required by subsection (c) and (f) above shall be:

(1)

Hotel or motel having fewer than one hundred (100) rooms shall be in accordance with section 3-37(5a).

(2)

Hotel or motel having one hundred (100) rooms or more shall be in accordance with section 3-37(5b).

(3)

Large attendance facility shall be in accordance with section 3-37 (12).

(4)

Restaurant having seating capacity of less than one hundred (100) persons shall be in accordance with section 3-37(5a).

(5)

Restaurant having seating capacity of one hundred (100) or more persons shall be in accordance with section 3-37(5b).

(6)

Satellite catering permit shall be in accordance with Section 3-37(10).

(h)

In addition to the permit fees required by this division, there is hereby levied a supplemental tax of five (5) percent upon the gross proceeds or gross receipts derived by such permittees from the charges for the serving of such mixed drinks or for the cooling and serving of such beer and wine for consumption only on the premises where served. Such supplemental tax shall be reported and paid to the city treasurer, beginning on the first business day of the first month following the granting of the city permit, and shall be reported and paid on the first business day of each succeeding month thereafter for the previous month's receipts. The permittee so reporting may file a duplicate copy of its report to the state commissioner of revenues which it prepares and files under A.C.A. § 3-9-213, and such duplicate copy shall suffice as the report required by the city under this section. The taxes herein prescribed may be passed on to the member.

(i)

The provisions of sections 3-76 through 3-81 of the Fort Smith Code shall be applicable to the permits issued pursuant to subsection (c) above.

(Ord. No. 7-01, § 2, 1-16-01; Ord. No. 6-16, § 5, 1-19-16)