Extension of Sunday alcohol sales causes confusion

By John Lyon
Arkansas News Bureau

LITTLE ROCK — A new state law expanding the hours that bars and restaurants can serve alcohol has caused some confusion for city and county officials — and may have led at least one city council to pass an ordinance based on a misunderstanding.

The North Little Rock City Council voted April 13 to approve an ordinance allowing businesses that serve alcohol to serve from 10 a.m. to midnight on Sundays.

Aldermen Charlie Hight and Murry Witcher told the Arkansas News Bureau they were under the impression they had to pass the ordinance to bring the local law into compliance with Act 294 of 2009, which established new hours for Sunday alcohol sales.

“I think we as a city council thought we were having to adhere to state law by extending the hours to 10 a.m. to midnight,” Hight said.

North Little Rock had been allowing businesses to serve alcohol from noon to 10 p.m. on Sundays, the hours previously authorized by state law.

Michael Langley, director of the state Alcoholic Beverage Control Division, said Act 294 trumps existing city and county ordinances on Sunday alcohol sales, but cities and counties can pass new ordinances to set more restrictive limits if they wish.

“They have the right to shorten the hours all the way down to zero,” he said.

Hight and Witcher said they didn’t know that when they voted last week to expand Sunday hours.

If Langley is correct, “I’ll sure go back and look and see if I can get the votes to move it back,” Witcher said.

“I think the consensus of the city council in North Little Rock would be that if we don’t have to do, we’d put the hours back like they was,” Hight said.

Langley said Act 294 does not specify that cities and counties can shorten the hours if they choose, but language to that effect was included in a cleanup bill, now Act 763 of 2009.

Langley said he was not aware of the confusion in North Little Rock, but he did hear of confusion in Carroll County, where a business owner caused a stir last week when he told the Green Forest City Council he planned to extend his Sunday hours because of Act 294.

The business owner is within his rights to extend his hours under current law, but the city council could choose to impose a more restrictive limit, Langley said.

The state law extending Sunday hours also raises fees for alcohol permits. The fee increases will go into effect July 1, 2010, but the extended Sunday hours went into effect when Act 294 was signed by Gov. Mike Beebe.

“In return for getting their fees increased, they’re getting some economic opportunities over the next year,” Langley said.

Hight said he sees no reason for bars and restaurants to serve alcohol on Sunday morning, when “people should be in church.”

But Brian Bierman, a bartender at Cregeen’s Irish Pub in North Little Rock, said the extended hours could mean increased business for the pub.

So far, Cregeen’s hasn’t seen an influx of customers during the expanded hours, but Bierman said that is likely to change during events such as Riverfest and on three-day holiday weekends.

“Probably 15-18 times a year it’ll really help,” he said.

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