City, County & Local Affairs Committee - Senate

Today is Senator English Senate bill three thirty nine. Senator English the will of the table you're recognized. Good morning thank you committee I am here with Senate bill three thirty nine AM Senator Jane English district thirty four and what this bill is is it would allow restaurants when they're delivering food. In a wet County. To be able to deliver also adult beverages to the customers those adult beverages would be limited to one six pack one bottle of wine. Indoor. Thirty two ounce mixed drink. They're NGN included in that thank pardon get that one member tonic that I guess that could be it. This is the only for wet counties there no dry counties could not be delivered to a dry county can only be sold in in hi what counties okay R. and has to be delivered by by an employer and employee of the restaurant. Our members you've heard an explanation of the bill any any questions from committee. Senator Clark you're recognized for a question. The Senator English with this had this discussion and you decide that the couldn't be sold to a dry county of. I don't find that language in here. Is this something that were. Absolutely sure of positive the thank you. For any other questions from committee members. Saying none is there anyone in the audience that would like to speak for against it with Mr Pitchfork's John. You're good. No one else in the audience here speak for against the bill. I'd say none just sent. For it but I am you're good okay. Senator English close for you bills on the bill or. We have a motion to pass. The second set foot put Senator Flippo you second. We have second any discussion. All those in favor. All opposed. Resolutions thank you very Senator English. Sent to. Price if you want to come up. Well I have. President these next two bills. Senator Stubblefield of you're recognized you know go with H. B. fifteen forty four first. Are the other no you yes Mister chairman eight fifteen forty four okay you're recognized present HB fifteen forty four fifteen forty four are let me tell you what this bill does there's a lot of cities in Arkansas that vote themselves are designate themselves as as a a unique and maybe a special place I have cities in my district for for example Clarksville is. All the self the peach capital and Altice course deals with a wine festival and a lot of lot of counties do that I know down and hope Arkansans watermelon capital. Of this this bill came about a city of Springdale designated itself by resolution to become a pro life city a while back so I'll tell you of the three things this bill does first of all it affirms gives the city the ability declare itself a pro life city by resolution second thing it does. It provides a framework for the city's resolution which was submitted by a constitutional lawyer who drafted amendment sixty eight to the Arkansas constitution third it provides a city away to promote. They're pro life statutes. This is what the bill does not do. First of all is to prevent the bill so it in no way required the city to make this a designation it also does not require them to use the same language other cities use in the resolution simply provides a general guide so that other cities can have the flexibility on their own particular resolution finally this bill does not offer any restriction on abortion it simply offers them the ability to pass the resolution and do it. On a more firm legal standing. I'll be glad to take any questions. Any questions from committee. Seeing no questions from the committee is there any one of the audience speak for against. If not center Stubblefield you close for your bill. Chairman I'm close not recommended to pass okay the pastor center double for that second second Senator Flippo all in favor hi. Opposed. Congratulations you passed H. B. fifteen forty four you're not recognized to present HB thirteen eighteen all right thank you Mr chairman house bill thirteen eighteen. Allows your county quorum court voted awhile back to unanimously separates the office of sheriff and collector of this is something the a number of other counties are done throughout the state of thank you separate those offices by the quorum court there's two ways to do the second separated by the quorum court R. what I understand they can separate them by special election so they they should simply brought this to the legislature for just an approval I have judged on here if I make a mistake but I understand under Arkansas law that the sheriff is a. He is the ex officio that's designated to a. Be the collector unless otherwise directed by law so this is the reason this is really never been codified is because it's never been used broadly there's a lot of there's a lot of counties is separated sir from collector but not all of them so you know that's what is coming here today to get the legislature. His approval for the separation. Shares of else is signed up. To speak at this for the committee's knowledge that have questions from committee. Did you will sure come a assessed sure fits judged on from okay okay sorry I thought you said your I'm sorry I'm I have. Did you want to add anything good senator okay someone as. All right per the questions from the committee. If not no one else speak from the. audience for against I have a motion. I'm sorry bill not wrecked recommended to pass Kligerman Senator stuff is closed motion to pass Senator Solomon second. Any other discussion. All in favor say aye. Opposed. Congratulations best H. B.. Thirteen eighteen. Senate bill four seventy three Senator Irvin want to go see in the table in. You're recognized to present Senate bills for seventy three. Thank you good morning members of the committee I appreciate a the opportunity to bring this bill Ford what what this bill does is it creates a new private club permit for state park operations and that's based on the current restaurants private club permits and so the initial review of the application would go to the secretary of the Arkansas department of parks heritage insurer is them and then after that approval it would still need to go through the process with alcohol beverage beverage control the reason I think behind this was really about just understanding that permitting process and how different it is for our state parks but what this benefit is to state parks with this type of a new permit is that it really streamlines the permit process by limiting eliminating the need for different licenses and state parks are owned and they're entities that are owned and managed by the State of Arkansas so you know we expect for them to run their books efficiently and effectively and and then to be able to generate those the revenues that they they need in order to and maintain our state parks and so this is a process that I believe since it's owned and managed by the State of Arkansas that the process would be managed by a governing state agency it is a narrow and limited path only forced the state parks and this aligns under the operations for this Arkansas state parks and most importantly this really streamlines the accounting processes for them as well and it's just creates come a standardized approach as you know we have lots of state parks all over our fifty two across the state and you have and you also have no different locations and they they all look. Very differently and and so again this is just really about narrowing and streamlining this for accounting purposes and also for like a government efficiency purposes and so it just it it there's no need to fees or taxes it's just part of at the new process is just creating a new path just for them and we have a door Lee Chandler here with alcohol beverage control I also have with me the folks from state parks as well that can come and talk about the bill or answer any questions you might have. Centerman MEM any state park restaurants are there in Arkansas. Me restaurants that well let's see I let's. I would let a let State Parks come up we have fifty two state parks total but I don't have for specifically how many restaurants there are. and I guess you would also have to consider golf courses and some other food vendor places as well. Hello I'm Stacy her secretary of the Arkansas department of parks heritage and tourism and we have seven different parks with full service restaurants right now two seven seven okay. For. Sentence are you ready for questions Senator Senator Solomon you're recognized for a question. Thank you got a couple of observations if we have fifty two state parks and we passes will have seventy restaurants in those fifty two parks to. Because it's certainly the intent is to generate revenue and they are generating revenue so the fact that there seven now we'll see fifty two and course Solomon a dry county and is it is there provision I think I read it I can't find it that the county still gets to decide and have a vote prior to the state park having a restaurant I can let no there would not be so if the state says the tri county we're going to start putting restaurants in order I counted them our our county has no say in their so it said there currently are and like it's like she said there seven restaurants in at our state parks and some of the State Parks I think I mean I understand your point but some of the State Parks really wouldn't be I would say fitted for restaurants they're they're not a part that would be appropriate where there would be a restaurant so I'm not quite sure you know if that observation would actually be accurate that there would be arrests right to Luzon state parks restaurants but I do think you know the process is being streamlined to create and efficiency for state government owned entities because these are I mean they're state parks and yes are located in a wet counties and tri county is that at the end of the day these are properties and state parks that are owned and managed by the State of Arkansas so and I'll that and Mr stand. I'm Greenspan Director of Arkansas state parks and Senator Solomon yes Sir we have fifty two state parks and Senator Irvin is correct a lot of those parks mission does not support restaurants you know we don't restaurants are hard operate and their challenges operating state park so we probably would not have an additional fifty two restaurants the parks that have restaurants have lodging operations that are associated with those that support that facility plus they'll beans located of dislike about magazines State Park for a since there's nothing else render so we need to provide food service and those kinds of things so that would be the producer and as far as your comment about the county not having to say I believe the process allows and and ABC may want to address this but there is a public comment period that allows the public to have input into this licensing procedure and I believe that's in the in the bill yeah I think I read they have input but I don't think they have any say. That is correct I'm also I'm looking and may I ask another question Mr yes I'm working on page six. Looking down lines twenty round there where it talks about the tax levied under this subdivision of this section shall be credited at special revenue to the University of Arkansas Medical Center can you explain why the UAMS to get money out of that. So I'll have Doorly Chandler with them the ABC because as follows a parallel path of what the current problem the permitting process does we just designated verses I believe instead of the opening its current. At the current process I there's a nonprofit right. Doorly Fassler standing among let her answer early Chandler director of alcoholic beverage control yes this language is copied from the existing private club languages they have to have a nonprofit in place and so this is designating the tax revenue and all we all they did on this is copied existing there's no new tax revenue not to eleven days its new language is copied over proposed state park yes Sir okay but but I believe in that one it's not designated committee any nonprofit is that correct or is it. Yeah I mean and that this one is designated specific for that nonprofit. So I think what we arm our mixing nonprofit you have to have a nonprofit to apply for this permit the language for the tax revenues it's copy directly over from the I was out of the state how is that determined that we would be specifically designated UAMS where I'm a county or others may be able to designate that to a nonprofit in their area why was it chosen for this language so that designation predates me and like I said we just copy that language over for you if I understood you have revenge that you're wrong but there's a designation for a nonprofit. This is a specific to UAMS Hans NO when I was speaking to non profits in order to apply for this permit you have to have a nonprofit entity runs the restaurant because it is a private club in private clubs are held by non profits those nonprofit those are non profits that the member there are members at who operate in the alcoholic beverages belong to the members of the non profit as far as the tax date designation this is separate from the nonprofit that I was referencing on applying for the permit in this language was as simply when the bill drafting was taking place they just copy this language directly over from the existing nonprofit language that we already have for restaurant nonprofit okay private clubs okay So even when I looked down there and lines twenty seven. forward that's copied over to yes we did not create any new language OR tax designations for this private club permit versus any of the other private club permit so that we are the biggest problem I have is that state infringing upon our county and requiring us to do this can they can the county These are sell this out to a to a restaurant or does the state have to operated Arkan a cell that license. To get started you got a a big restaurant chain that wants to run the restaurant in Craighead county on our state park. Can a. Franchise set out that lives in the. The state for the state park actually have to run a part of it can the franchise that out. The the restaurants that we currently permit on the State Parks are not run and operated per se by the state it's property that is leased from the state on the state proper park premises they then apply for an alcoholic beverage permit that we we grant they cannot sell that alcohol permit it's against the law to sell an alcohol permit they can sell their business and then they would have to apply through the same process for replacement alcohol permit and get permission from the state park through a lease agreement or contract with the state department may be I'm here okay we'll have to use the name of it but can who lands come and open a restaurant that they finagle that and open a restaurant on state park. At. Grady's Bandra Arkansas state parks we do not concessionaire restaurant operations for and and the non profits in our private clubs right now are within the state park for with this bill I know they don't map which I got seven you start selling alcohol the whole thing changes so does this bill allow or disallow the state to franchise out to businesses are doctors of not addressing it does as are far as I can see it doesn't address it but the business strategy we have in the foreseeable future so that we continue to operate a rental registry change quickly I know yes Sir okay thank you thank you Mr thank you senator dole for Senator rush of questions. We spend much time on the phone trying to look for comparisons but besides the state. Having so low forty. In the State Parks is there anything in this bill. That and this can go for A. B. C. or or use of. Park directing that's giving. The lego appear then what you do private business. And no Sir I don't believe you know it if the private club is is not as profitable to operate as you know. As just you know getting an alcohol permit because I believe are the rules for private club is I can't buy wholesale I to buy retail and so our profit margins or lot less and so you know the idea here is not to be competitive with any of the any other status meant it simply to provide a service to the guest and tourists that come to parks for group events for you know just of a vacation and after a long hike out on the trail they may want to the hopefully in Arkansas craft beer with their meal that night and it allows us the ability to serve that expectation to the guests so the idea here is not to be competitive with any local dispassionate at all again I'm not I'm not a question that I'm question or is or anything we're doing here that the. Is a short cut or gives it gives Evan Tate use process above that image Chandler I would I'm fine with the head and head signal either way is there anything that has within your part that is being short cut or anything that has to thank you Mr. Okay. The French central. Senator Clark give questions. What of is R. three. As to why the state of Arkansas. Should over ride. The local. No I don't I don't see it as that what I see it as is these are. We expect we have an expectation at least I do on our state parks that if you're going to manage a state park if you're going to manage a restaurant within this state park then we want you to do that to the very best of your ability and and I think that we need to give them the tools to be able to do that no I I. It's it's difficult to see you know our state parks being in the rat especially after COVID has hit its been a tremendous impact on the State Parks so I don't see this is given a leg up or trying to do any you know things other than just trying to give them the tools to streamline this process but do it in a way that reflects exactly what's happening in the and the private permitting process but to do it specifically for state parks because it is a different entity and we expect that agency to do a good job as being effective and efficient and to generate income instead of just always being you know something that we're going to have to put more tax dollars to to keep them open and operating and fiable so to me this is about looking at it from a business perspective and I I appreciate the conversations about making sure that we're not running over you know private industry or private restaurants or private businesses but I will say that the state parks have a tremendous impact on those private businesses wherever they're located they generate gas revenue they generate revenue in the convenience stores they generate revenue in the tourism stores in the shops and the you know teachers shops or whatever and and as well as lodging if they don't have lodging but I think I think for me I'm looking at it from a business perspective that I think government should try to operate as a business would and so why would we not give them the tools that they need to try to operate as a business and be as effective and efficient with taxpayer dollars and so that's the idea behind this legislation is to create a permit process that makes sense for them and wherever there let. Hated because there is a state entity or government state in a state entity and to streamline those accounting processes for me this is about trying to bring good business practices into that state park models because it's a model that they're having to you know. Four to be responsible for. But is not the argument that any local business would make sure of that wanted an alcohol license sure I mean are we going to go to the would either have to have a wet county or would have to. Of go through a local. Process. Yes I mean I I I understand what you're saying in that regards I mean and I don't disagree with that because you do have the ability for public comment you do have that ability for people to weigh in which is really you know an important part of this but again you know I go back to trying to give them a streamline accounting process trying to give them the tools to be generate the revenue that they need and then to be consistent throughout the state of Arkansas so that when people come here they have an expectation and if their expectations on how are met then they may not return to our state parks well I'm familiar with three of the seven I thank I can think may be the fourth. The fourth that I'm she may be the folk center but of but I'm very familiar with that magazine which I have a very hard time getting into so I'm assuming so I'm assuming that people are coming back on a regular basis. I can't get a reservation at and follow the of and even drive up there sometimes any of the restaurants of. Although it's over two hours away The so of queen Wilhelmina and like degree note this most of the golf it looks at the growing is the. To restore the local. A little bit of both and and the other restaurant that we serve alcohol in this paging at state park and and wanted to go but that's okay it's you gave the example of out magazine and that's an interesting one because the there's like three different levels of that permitting process because it's in a dry county in a. What township and and so there's all these different layers and and ABC would have to explain it to you so this this bill really kind of streamlines that whole process so we we don't have to have all these different layers of permits and and that would that would help us out in managing the is more effectively but but the great I think it's because but who also. Before co with state pretty full right. Well we've been under renovation but the great you know has a good good occupancy when we're open fully yes when we're open yes of but you know Hot Spring County you have Garland County is what you're Clark Is within and so you have a great debate in hot spring county right over withdrawal of people who really want what people who really want to drive for that reason ever restaurant I think that has put up this sign that they were going to try to be a private club and get a permit has gone out of business because of because they were boycotted of and not present a dispatch just a fact yes and so. The grey's not up on top of the mountain. And so it seems to me that that it does place unfair competition. Because you go play golf and then you've got you know you've got the three or four restaurants down the road. Or. This one. Right and the the restaurant at the gray is in Clark County the golf courses in hot springs County so you should have a you should have a problem with the restaurant and well it did at the great we we already have a private club license there and this will just allow them to be under this Arkansas state park private club license so that some. That would I mean it just streamlines the process is the accounting processes and those things that we're we're basically put everybody on a level playing field all of our park operations but we think that though the state it's okay for the state to override. Local role because of business reasons and I look at state parks is a. A state agency that covers the entire state of Arkansas you know we're probably the single largest tourism attraction if you put this together in the state of Arkansas because we have between seven half million eight million visitors a year and not that all of our parks need to serve alcohol I think I would disagree with that I would not support that that approach but I think in some parts we have food service I think this is a critical part of keeping that attraction to our parks to be able to Meet the needs and expectations of our guests and so when I look at this bill I think of of state parks is kind of a. An agency wide impact on the state not county by county and and that's to the approach that we're taking on this is that state parks is more of a state agency statewide that serves nearly a million people a year thank you Sir. Per cent Senator Solomon you have a question for. This may sound a little bit out there but do you have the power to open a casino in a state park no Sir I do not wanna I don't have that power well if you pass a bill like this that over rise with the county does just trade with dry to a casino and you would have the authority to override what council wants to put a casino when a state park. Thank you yes. He. Are any other questions from committee members. Anyone in the audience would like to speak for against the bill. None signed up. Your term you want to close for your bill thank you yeah I I I I was just really want to thank and orally Chandler and ABC and state parks kind of working through these issues you know I I look at it from a marketing director's perspective you know and I look at it from agency that's trying to operate in this you know space and trying to give them the tools that they need to streamline this I'm I want them to be able to be I want them to operate like a normal business would and so for me this just makes sense because it creates consistency throughout the state and allows for the same permitting process to occur It would under the under the guides that we have now and so I just I think it's for me about just trying to be effective with state top tax dollars as best we can operate as closely to business models we can to generate revenue so that that's not gonna be so dependent on our state budget and our state general revenue needs so that's the intention behind this piece of legislation and for me it makes sense and I hope it does for you as well. Our. Sure entertain a motion. They want to make a motion Senator center in red motion to pass for the second. I have a second. Senator Irvin I'm sorry. Thank you members second thank you. All right seeing or the business. We are churned.