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HomeMy WebLinkAboutOrdinance 6835113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6835 File Number: 2025-67 SIDECAR COCKTAIL LOUNGE (PRIVATE CLUB APPLICATION): AN ORDINANCE TO APPROVE THE APPLICATION OF COREY MCCAIN, ON BEHALF OF EPIZUDIX INC., FOR A PERMIT TO OPERATE SIDECAR COCKTAIL LOUNGE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 1150 NORTH COLLEGE AVENUE, SUITE #100 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 Corey McCain, on behalf of Epizudix Inc., a copy of which is attached to the agenda request form, for a permit to operate Sidecar Cocktail Lounge as a private club in the City of Fayetteville at 1150 North College Avenue, Suite #100. PASSED and APPROVED on February 4, 2025 Approved: Attest: Ally Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $101.84 Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 TO: Mayor Rawn and City Council THRU: FROM: Mike Reynolds, Police Chief CITY COUNCIL MEMO SUBJECT: Private Club Application for Epizudix Inc. (Sidecar Cocktail Lounge) RECOMMENDATION: 2025-67 Staff recommends approval of the private club application for Epizudix Inc. (Sidecar Cocktail Lounge) located at 1150 North College Avenue, Suite #100. 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: Corey McCain submitted a City of Fayetteville private club application for Epizudix Inc. (Sidecar Cocktail Lounge). Mr. McCain is a business manager for an existing establishment serving alcoholic beverages in the City of Fayetteville. Staff has no objection 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 for Epizudix Inc. (Sidecar Cocktail Lounge) nor the new ownership of Mr. McCain. BUDGET/STAFF IMPACT: This item has no budget or staff impact. ATTACHMENTS: SRF (#3) , SRM (#4), Application - Sidecar Cocktail Lounge (#5) 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 #: 2025-67 Private Club Application for Epizudix Inc. (Sidecar Cocktail Lounge) AN ORDINANCE TO APPROVE THE APPLICATION OF COREY MCCAIN, ON BEHALF OF EPIZUDIX INC., FOR A PERMIT TO OPERATE SIDECAR COCKTAIL LOUNGE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 1150 NORTH COLLEGE AVENUE, SUITE 4100 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 Corey McCain, on behalf of Epizudix Inc., a copy of which is attached to the agenda request form, for a permit to operate Sidecar Cocktail Lounge as a private club in the City of Fayetteville at 1150 North College Avenue, Suite # 100. Page 1 City of Fayetteville Staff Review Form 2025-0067 Item ID 2/4/2025 City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item Mike Reynolds 1/13/2025 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the private club application for Epizudix, Inc. (Sidecar Cocktail Lounge) located at 1150 North College Avenue, Suite #100. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title Purchase Order Number: Previous Ordinance or Resolution # V20221130 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police , DATE: January 13, 2025 CITY COUNCIL MEMO SUBJECT: Private Club Application for Epizudix Inc. (Sidecar Cocktail Lounge) RECOMMENDATION: Staff recommends approval of the private club application for Epizudix Inc. (Sidecar Cocktail Lounge) located at 1150 North College Avenue, Suite #100. 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: Corey McCain submitted a City of Fayetteville private club application for Epizudix Inc. (Sidecar Cocktail Lounge). Mr. McCain is a business manager for an existing establishment serving alcoholic beverages in the City of Fayetteville. Staff has no objection 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 for Epizudix Inc. (Sidecar Cocktail Lounge) nor the new ownership of Mr. McCain. BUDGET/STAFF IMPACT: This item has no budget or staff impact. Attachments: Private Club Application — Sidecar Cocktail Lounge (Epizudix Inc.) Arkansas Code § 3-9-222 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ►I Process of filing application for Private Club 1. Contact the State of Arkansas ABC Division and request their Private Club Application form. 2. Fill out their form and upload it under the "Prerequisites" section in the form below. 3. Visit the Address Verification portal and make sure that your address is a VERIFIED address. 4. Print/download and attach page 1 and 2 of the "Official Address Verification" letter. 5. Please upload all remaining necessary documents and fill out all information fields. You do not have to fill out the Notarization section at this time. 6. Submit the online form without filling out Notarization section. You can download and print a copy of the form at this time. 7. 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. Plan to attend the meeting to present your proposal to the City Council and answer any questions Council Members may have. 8. Once the Ordinance is passed by the city, you will be notified. 9. You will send the Ordinance to ABC, so the ABC can mail you the Permit. 10. You will finally submit the Notarized copy of this application, a check in the amount of $250 and the State Copy. Prerequisites ABC Application 1. Application for Private Club Permit.pdf 679.56KB 2. Schedule A.pdf 765.05KB 3. Description of Business & Entertainment Activities.pdf 434.29KB authority to release form.jpg 2.74MB 7. Photos and Diagrams of Space.pdf 2.39MB 8. Epizudic Minutes.pdf 292.35KB 9a. Epizudic Bylaws.pdf 127.34KB 10. Annual Report for Domestic Nonprofit Corporation.pdf 479.84KB Official Address Add ressVerification.pdf 1.2MB Verification Member List 4. Member List.pdf 994.63KB (No less than 100 members) Lease/Deed 6a. Lease.pdf agreement 6b. Consent to Sublease.pdf 6c. Sublease Agreement.pdf (for the building that will be used) Certificate of Good 5a. Articles of Incorporation.pdf Standing 5b. Change of Registered Agent.pdf Certificate of good standing- sidecar.pdf Start Application 1.81 MB 765.65KB 186.9KB 1.17MB 925.72KB 322.27KB I (We) do hereby make application to the City of Fayetteville, Arkansas, for a Private Club Permit. Private Club Name Business Address Is Mailing address same as Billing address Mailing Address Epizudix Inc. DBA Sidecar Cocktail Lounge Street Address 1150 N college 100 Address Line 2 C ity Fayetteville Postal / Zip Code 72704 No Street Address 2940 West Velda Court Address Line 2 C ity Fayetteville Postal / Zip Code 72704 State / Province / Region AR 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 Corey D McCain 2940 w Velda Ct Fayetteville Ar 479-445-4864 01/30/1987 72704 000-000-0000 mm/dd/yyyy Stephanie Roberts 2940 w velda ct Fayetteville Ar 501-944-7833 05/07/1990 72704 000-000-0000 mm/dd/yyyy Owner of building in which business is located: Name Address Phone Parti Investments LLC 1424 s Main St #105 Little Rock Arkansas 72202 479-466-1620 000-000-0000 Date Club Organized 04/05/2024 mm/dd/yyyy Current Number of 112 Members Amount of 0 Membership Dues Check One Annual ,_ ? Monthly N/A Method used for Locker System (Beverages owned by members individually) dispensing alcoholic Pool or revolving fund system (Beverages owned in common by membership) beverages: Applicant's Name Corey McCain (Please Print) (Must be person listed on State Permit) Title Owner Date of Birth 01/30/1987 mm/dd/yyyy Applicant's signature Notarization CO Y 44CCAiAl (Must be person listed on State Permit) Subscribed and sworn before me this day of 20 (Seal) Internal Notary Public My commission expires Police Comments Pursuant to Arkansas statute 3-9-222, the approval of this application by the City Council through an ordinance is required prior to the establishment seeking a private club permit from the Arkansas Alcohol Beverage Board and commencing operations in Fayetteville. The Fayetteville Police Department has no objections to this permit. All appropriate documentation provided by the applicant appears to be in order. Attorney's Office No comments. Comments Chief of Staff I am fine with this if the City Attorney and the Police Department are fine with this. Comments Section 1113/25, 11:21 AM Arkansas Code § 3-9-222 (2023) - Private clubs - Procedure for obtaining permit :: 2023 Arkansas Code :: US Codes and Statutes.,. Go to Previous Versions of this Section v Arkansas Code of 1987 (2023) Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 3-9-6o6) Chapter 9 - ON -PREMISES CONSUMPTION (§§ 3-9-101 3-9-6o6) Subchapter 2 - ALCOHOLIC BEVERAGES GENERALLY ,LY (§§ 3-9-201 3-9-242) Section 3-9-222 - Private clubs - Procedure for obtaining permit Universal Citation: AR Code § 3-9-222 (2023) O < Previous (a) Next > (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) https://law.justia.comlcodeslarkansas/title-31chapter-9/subchapter-2/section-3-9-222/ 1 1A 1 /13/25, 11:21 AM Arkansas Code § 3-9-222 (2023) - Private clubs - Procedure for obtaining permit :: 2023 Arkansas Code :: US Codes and Statutes, (b) (c) 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. (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). (i) 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. https://law.justia.comlcodeslarkansas/title-31chapter-9/subchapter-2/section-3-9-222/ 91A 1 /13/25, 11:21 AM Arkansas Code § 3-9-222 (2023) - Private clubs - Procedure for obtaining permit :: 2023 Arkansas Code :: US Codes and Statutes... (d) (e) (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: 0) At least eleven inches (11") in width and seventeen inches (17") in height; and 00 Printed in black lettering on a yellow background. (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 (3o) 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 (3o) 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. Amended by Act 2017, No. 1112,§ 1, eff. 8/1/2o17. Acts 1969, No.132, § 10; 1975 (Extended Sess.,1976), No. 1o16, § 1; A.S.A.1947, § 48-1410; Teen. Acts 1987, No. 949, § 1; 1989, No. 297, § 1; 1997, No.1010, § 3; 1997, No.1o6o, § 3; https://law.justia.com/codes/arkansas/title-3/chapter-9/subchapter-2/section-3-9-222/ 3/4 1/13/25, 11:21 AM Arkansas Code § 3-9-222 (2023) - Private clubs - Procedure for obtaining permit:: 2023 Arkansas Code :: US Codes and Statutes... 1999, No.1063, § 3; 2007, No. 735, § 3; 2009, No. 294, § 22; 2009, No. 763, § 5• < Previous Next > Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. https:Hlaw.justia.com/codes/arkansas/title-3/chapter-9/subchapter-2/section-3-9-222/ 4/4 Form vl.54 NV\ • ECEIVE itfiedia R 02/10/2025 CITY OF FAYETTEVtLLE Account#: NWCL5004205 CITY CLERK'S OFFICE Company: CITY OF FAYETTEVILLE-CLERKS OFF[ 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 480115 PO #: Matter of: ORD 6835 AFFIDAVIT•STATE OF ARKANSAS 1, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk 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 6835 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$101.84. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/09/25;NWA nwaonline.com 02/09/25 j • Legal Clerk BR4s,"///o State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 10th day of February, 2025 :5 � ��y r < - ::: : r\-D)) \kar N ARY PUBLIC Ordinance:6835 File Number:2025-67 SIDECAR COCKTAIL LOUNGE AN(PLCT PO APPROVE THE APPLICATION OF COREY MCCAIN, ON BEHALF OF EPIZUDIX INC.,FOR A PERMIT TO OPERATE SIDECAR COCK- TAIL LOUNGE AS A PRIVATE CLUB IN THE CITY OF FAYET- TEVILLE AT 1150 NORTH COL- LEGE AVENUE,SUITE#100 WHEREAS,Act 1112 of 2017, which amended the permitting procedure set forth In Ark.Code Ann.5 3-9-222 for private clubs in the State of Arkansas,re- quires the City Council to ap- prove by ordinance an application for a permit to oper- ate as a private club'before the applicant can submit the appli- cation to the state Alcoholic Beverage Control Division. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby approves the application of Corey McCain,on behalf of Eplzudix Inc.,a oopy of which is attached to the agenda request form,for a permit to op- erate Sidecar Cocktail Lounge as a private club In the City of Fayetteville at 1150 North Col- lege Avenue,Suite S100. PASSED and APPROVED on February 4,2025 Approved: Molly Rawn,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Peld:5101.84 February 9,2025 480115