Law shuts new clubs by 2 a.m.

LR adopts reduced hours for additional private bars

— Any private clubs that want to move their business into Little Rock will have to close by 2 a.m., city directors mandated Tuesday.

The directors adopted the reduced hours Tuesday instead of an outright ban on allowing private clubs with 5 a.m. liquor licenses to transfer their late-hour permits into the capital city from surrounding cities.

The new law was prompted by residents who were concerned about a Jacksonville club owner’s pending request to transfer his 5 a.m. permit to a venue in their neighborhood.

With last-minute changes made to the ordinance Tuesday, Little Rock sidestepped questions raised by the state Alcoholic Beverage Control Division over whether the city has the authority to limit license transfers into the city.

Arkansas Code Annotated 3-2-205 gives the division the power to regulate alcohol sales and to set the hours that alcohol may be sold, although cities often cite a state Supreme Court decision and general police powers as giving them authority to further limit hours of operations.

The Alcoholic Beverage Control Division, which stopped granting new 5 a.m. liquor licenses about a decade ago, has recognized a municipality’s right to further limit hours of operations.

The ordinance passed Tuesday night no longer contained language prohibiting private clubs with 5 a.m. permits from setting up shop near residences, churches, schools and historic properties.

“We wanted to make this very focused and very direct and very simple,” said Mayor Mark Stodola about the changes.

The new law does not affect private clubs in Little Rock that possess licenses that let them stay open until 5 a.m., but city directors and Stodola said it’s time to revisit the idea of shutting down those clubs at 2 a.m. as well.

There are 13 businesses in Little Rock that possess 5 a.m. permits, and even more private clubs and bars with permits that require they close by 2 a.m.

City and alcoholic beverage control officials frequently say that “nothing good happens after 2 a.m.” when explaining why they want to limit the number of private clubs that can operate until 5 a.m.

Little Rock drafted the new legislation last week after Capitol View-Stifft Station residents protested a Jacksonville club’s request to transfer its 5 a.m. permit to a building within view of the state Capitol. Residents originally believed that a strip club wanted to open in the former Star Bar location at 1900 W. 3rd St.

Although residents later learned that the permit request did not involve a strip club, the neighborhood association still opposed the permit transfer because of the late hours involved.

Until Tuesday night, there was nothing the city could do to prevent the Cove Ultra Lounge from opening at the 3rd Street location because the property is correctly zoned for a bar.

Michael Langley, director of the Alcoholic Beverage Control Administration Division, denied the private club’s transfer request on Friday because of the opposition. But the business owner can appeal Langley’s decision to the Alcoholic Beverage Control Board.

Now, even if the Cove Ultra Lounge received permission to transfer its liquor license to the Little Rock location, it would have to close by 2 a.m.

No one from the public spoke in favor or against the proposed ordinance Tuesday night, but Cara Chapman, president of the Capitol View-Stifft Station Neighborhood Association, said after the meeting that “I think it’s the right thing for all neighborhoods in the city.”

Arkansas, Pages 9 on 09/22/2010

Upcoming Events