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HomeMy WebLinkAboutOrdinance 6699113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6699 File Number: 2023-1183 CROWN HOOKAH LOUNGE, INC. (PRIVATE CLUB PERMIT APPLICATION): AN ORDINANCE TO APPROVE THE APPLICATION OF HANA CHEFKE, ON BEHALF OF CROWN HOOKAH LOUNGE, INC. FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 550 WEST DICKSON STREET, SUITE NUMBER 2 WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state Alcoholic Beverage Control Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the application of Hana Chefke, on behalf of Crown Hookah Lounge, Inc., a copy of which is attached to this Ordinance, for a permit to operate as a private club in the City of Fayetteville at 550 W. Dickson Street, Suite #2. PASSED and APPROVED on November 7, 2023 Attest: `x%% RK%,rr,��i� lli —� — ETTCVJ1_t.: ara Paxton, City Cl rk Treasurer p . Ji • '?�. .• \ 10 :�;•:ate' This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO FROM: Mike Reynolds, Police Chief DATE: SUBJECT: Private Club Application for "Crown Hookah Lounge, Inc." RECOMMENDATION: 2023-1183 Staff recommends approval of the private club application for Crown Hookah Lounge, Inc. located at 550 West Dickson Street, Suite #2. BACKGROUND: Arkansas statute 3-9-222 requires City Council approve by ordinance this application before this establishment can seek a private club permit from the Arkansas Alcohol Beverage Control Board and operate in the City of Fayetteville. DISCUSSION: Hana Chefke submitted a City of Fayetteville private club application for "Crown Hookah Lounge, Inc.". The new ownership (Hana Chefke) and private club permit application replaces the existing private club, Rendezvous Hookah Lounge, which has been both a compliant and reputable business in the Entertainment District. Staff has no objections to the private club application and has no reason to believe the existing level of cooperation and partnership will not continue under the new private club permit Crown Hookah Lounge Inc. nor the new ownership of Hana Chefke. BUDGET/STAFF IMPACT: This item has no budget or staff impact. ATTACHMENTS: SRF - Crown Hookah Lounge (#3), SRM - Crown Hookah Lounge (#4), Private Club Permit App - Crown Hookah Lounge (#5), Ark Code 3-9-222 (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1183 Private Club Application for "Crown Hookah Lounge, Inc." AN ORDINANCE TO APPROVE THE APPLICATION OF HANA CHEFKE, ON BEHALF OF CROWN HOOKAH LOUNGE, INC. FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 550 WEST DICKSON STREET, SUITE NUMBER 2 WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state Alcoholic Beverage Control Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the application of Hana Chefke, on behalf of Crown Hookah Lounge, Inc., a copy of which is attached to this Ordinance, for a permit to operate as a private club in the City of Fayetteville at 550 W. Dickson Street, Suite #2. Page 1 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2023-1183 Item ID 11/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/6/2023 Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval of the private club application for Crown Hookah Lounge, Inc. located at 550 West Dickson Street, Suite #2. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget 1 S V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ,. ARKANSAS MEETING OF NOVEMBER 7, 2023 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: October 6, 2023 CITY COUNCIL MEMO SUBJECT: Private Club Application for "Crown Hookah Lounge, Inc." RECOMMENDATION: Staff recommends approval of the private club application for Crown Hookah Lounge, Inc. located at 550 West Dickson Street, Suite #2. BACKGROUND: Arkansas statute 3-9-222 requires City Council approve by ordinance this application before this establishment can seek a private club permit from the Arkansas Alcohol Beverage Control Board and operate in the City of Fayetteville. DISCUSSION: Hana Chefke submitted a City of Fayetteville private club application for "Crown Hookah Lounge, Inc.". The new ownership (Hana Chefke) and private club permit application replaces the existing private club, Rendezvous Hookah Lounge, which has been both a compliant and reputable business in the Entertainment District. Staff has no objections to the private club application and has no reason to believe the existing level of cooperation and partnership will not continue under the new private club permit Crown Hookah Lounge Inc. nor the new ownership of Hana Chefke. BUDGET/STAFF IMPACT: This item has no budget or staff impact. Attachments: Private Club Application — Crown Hookah Lounge, Inc. Arkansas Code 3-9-222 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Staff Review https://cof-lfforms.city.fyv. us/Forms/form/aysubmission?RemoveHeadrtrue&c I ientHandl... AR_, I' Private Club Application Process of filing application for Private Club 1. You will have to contact ABC and request for the Private Club Application. 2. Once you get the application, please fill it out and upload it under the Prerequisites section. 3. Please go to the below listed website and make sure that your address is a VERIFIED address. http://www.fayetteville-ar.gov/3263/Address-Verification Please print and attach page 1 and 2 of the "Official Address Verification" letter. 4. Please upload all necessary documents and fill out all the information. You do not have to fill out the Notarization section at this time. 5. Submit the form without filling out notarization section. You can at this time download and print the form. 6. When your completed application has been received, your request will be added to a City Council agenda for a public hearing and you will be notified of the date of the meeting. Please plan to attend the meeting to present your proposal to the City Council and answer any questions Council Members may have 7. Once the Ordinance is passed by the city, you will be notified. 8. You will send the Ordinance to ABC, so that ABC can mail you the Permit. 9. You will finally submit the Notarized copy of this application, a check in the amount of $250 and the State Copy. Prerequisites ABC Application ABC application.pdf 21.99MB 1 of 6 10/2/2023, 10:59 AM Staff Review https://cof-ifforms.city.fyv.us/Forms/form/aysubmission?RemoveHeadrtrue&clientHandl... Official Address Verification Member List Lease/Deed agreement Certificate of Good Standing Crown Club address verification. pdf Member List.pdf (No less than 100 members) 550 W Dickson Street executed contract.pdf (for the building that will be used) Crown Hookah Lounge Inc. Good Standing.pdf Start Application 1.29MB 2.59MB 28.22MB 321.86KB I (We) do hereby make application to the City of Fayetteville, Arkansas, for a Private Club Permit. Private Club Name Crown Hookah Lounge Inc. DBA Crown Club LLC Business Address Street Address 550 W Dickson Street Suite #2 Address Line 2 City State / Province / Region Fayetteville AR Postal / Zip Code 72701 Is Mailing address No same as Billing address ! of 6 10/2/2023, 10:59 AM Staff Review https://cof-ifforms.city.fyv.usI Forms/formlaysubmiss ion?RemoveHead=true&cl ientHandl... Mailing Address Street Address 209 Graystone Circle Address Line 2 City Centerton Postal / Zip Code 72719 State / Province / Region AR List All Persons Owning or Holding an Interest in the Private Club (Attach supplement, if necessary) Name Address (#, Street, City, State, Zip) Phone Birth Date Hana Chefke 215 SE 34th Street 619-339-8182 03/13/1989 000-000-0000 mm/dd/yyyy Owner of building in which business is located: Name Address Phone Greg House 19 E. Mountain Street Fayetteville, AR 72701 479-521-9177 000-000-0000 Date Club Organized 04/20/2021 mm/dd/yyyy Current Number of 120 Members of 6 10/2/2023, 10:59 AM Staff Review https://cof-lfforms.city.fyv. us/Form s/form/aysubm i ssion?Rem oveH eadrtrue&clientHandl... Amount of $0.00 Membership Dues Check One Annual 7 Monthly N/A Method used for Locker System (Beverages owned by members individually) dispensing alcoholic LwAl Pool or revolving fund system (Beverages owned in common by membership) beverages: Applicant's Name Title Date of Birth Applicant's signature Notarization Hana Chefke (Please Print) (Must be person listed on State Permit) Owner 03/13/1989 mm/dd/yyyy (Must be person listed on State Permit) Subscribed and sworn before me this day of ,20 Notary Public of 6 10/2/2023, 10:59 AM Staff Review https://cof-ifforms.city.fyv.us/Forms/formlaysubmission?RemoveHead=true&clientHandl... (Seal) Internal My commission expires Police Comments The Fayetteville Police Department has no objections to this permit. All appropriate documentation provided by the applicant appears to be in order. It should be noted a similar private private club was previously permitted to operate in this same space with no objection from the police department. Attorney's Office Everything appears in order. No comments. Comments Chief of Staff It appears to me all of the necessary documents are included. Comments Chief's Comments Arkansas statute 3-9-222 requires City Council approve by ordinance this application before this establishment can seek a private club permit from the Arkansas Alcohol Beverage Control Board and operate in the City of Fayetteville. The Fayetteville Police Department has no objections to this permit. All appropriate documentation provided by the applicant appears to be in order. It should be noted a similar private club was previously permitted to operate in this same space with no objection from the police department. Mike Reynolds Chief of Police 5 of 6 10/2/2023, 10:59 AM Staff Review https:Hcof-Ifforms.city.fyv.us/Forms/form/aysubm ission?RemoveHeadrtrue&cl ientHandl... Final Comments* No additional comments. of 6 10/2/2023, 10:59 AM r LJ * Code of Arkansas Public Access Document: < Previous A.C.A. § 3-9-222 Copy Citation Help Sign Out More A.C.A. § 3-9-222 Next > Current through all legislation of the 2023 Regular Session, including corrections and edits by the Arkansas Code Revision Commission. AR - Arkansas Code Annotated Title 3 Alcoholic Beverages Chapter 9 On - premises Consumption Subchapter 2 — Alcoholic Beverages Generally_ 3-9-222. Private clubs — Procedure for obtaining permit. (a) (1) Application for a permit to operate as a private club may be made to the governing body of the county or municipality in which the private club seeks to be located. (2) If the governing body of the county or municipality approves by ordinance an application for a permit to operate as a private club under subdivision (a)(1) of this section, the Alcoholic Beverage Control Division may issue a permit to operate as a private club to the applicant for the proposed location. (b) (1) The application for a private club shall be submitted to the division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) The application for a bed and breakfast private club shall be submitted to the division and accompanied by an annual permit fee of seventy-five dollars ($75.00). (3) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a private club permit shall be submitted to the division and accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (c) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises. (2) The notice shall be in such form as the director shall prescribe by rule or order and shall be verified. (3) The notice shall give the names of the managing agent and the nonprofit corporation or, in the case of a bed and breakfast private club, the name of the business owner, and shall state: (A) That the manager, or in the case of a bed and breakfast private club, the owner, at least one (1) partner, or the majority stockholder is a citizen of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony or had a license to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (D) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages. (d) (1) Within five (5) days after filing an application for a permit to dispense alcoholic beverages on the premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been so posted on the premises for at least thirty (30) consecutive days. (4) (A) The notice shall be in such form as the director shall prescribe by rule or order. (B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background. (e) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are situated if within an incorporated area. The provisions of this section shall be retroactive to July 28, 1995. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section. (3) Upon receipt by the director within the thirty (30) days of a protest against the issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing. (f) Upon the director's determining that the applicant is qualified hereunder and that the application is in the public interest, a permit may be issued as authorized in this section. History Acts 1969, No. 132, § 10; 1975 (Extended Sess., 1976), No. 1016, § 1; A.S.A. 1947, § 48- 1410; reen. Acts 1987, No. 949, § 1; 1989, No. 297, § 1; 1997, No. 1010, § 3; 1997, No. 1060, § 3; 1999, No. 1063, § 3; 2007, No. 735, § 3; 2009, No. 294, § 22; 2009, No. 763, § 5; 2017, No. 1112, § 1. Arkansas Code of 1987 Annotated Official Edition Copyright © 2023 by the State of Arkansas All rights reserved < Previous LexisNexis About Privacy Policy Cookie Policy Terms & Conditions Next > CR-RELXTM Copyright © 2023 LexisNexis. Form vt 41 NW4\ Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED 113 W MOUNTAIN FAYETTEVILLE, AR 72703 NOV 1 3 2023 Ad number#: 346524 CITY OF FAYETTEVILLE PO #: CITY CLERK'S OFFICE Matter of: ORD 6699 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6699 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County. that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$103.36. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/12/23;NWA nwaonline.com 11/12/23 daAja,_ Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 13th day of November,2023 ;`�•► ., '' CATHERINE STAGGS • • ;war .F MY COMMISSION# 12402772 EXPIRES:February 28, 2025 ,,,,,e• Washington County NOTARY PUBLIC Ordinance:6699 File Number: 2023.1183 CROWN HOOKAH LOUNGE, INC.(PRIVATE CLUB PERMITAP- PLICATION): AN ORDINANCE TO APPROVE THE APPLICATION OF HANA CHEFKE,ON BEHALF OF CROWN HOOKAH LOUNGE,INC.FOR A PERMIT TO OPERATE AS A PRI- VATE CLUB IN THE CITY OF FAYETTEVILLE AT 550 WEST DICKSON STREET,SUITE NUM- BER 2 WHEREAS,Act 1112 of 2017, which amended the permitting procedure set forth in Ark.Code Ann.§3-9-222 for private clubs in the State of Arkansas, re- quires the City Council to ap- prove "by ordinance an RECEIVED ECEI\ ED application for a permit to oper- ate as a private club"before the applicant can submit the appli- cation to the state Alcoholic NOV 13 2023 Beverage Control Division. NOW,THEREFORE,BE IT OR- DAINEDTHE CITYCOUNCIL CITY OF FAYETTEVILLE OF THEHE CITY OF FAYETTEVILLE, TTETEVILLE, ARKANSAS: CITY CLERK'S OFFICE Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby ap- proves the application of Hana Chefke, on behalf of Crown Hookah Lounge,Inc.,a copy of which is attached to this Ordi- nance,for a permit to operate as a private club in the City of Fayetteville at 550 W.Dickson Street,Suite X2. PASSED and APPROVED on November 7,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$103.36 November 12,2023 346524