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Home My WebLink AboutORDINANCE 6010113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6010 File Number: 2017-0616 VIP CLUB: AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB, FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE #6 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; and WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow sidewalk near his location; and WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend and complete the Fayetteville Police Department's free Fraudulent/Underage ID class. 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 Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6 under the conditions set forth in Section 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sami Ammar Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class as conditions for the City Council's approval of Mr. Haddaji's application. Page 1 Printed on 5/14/18 Ordinance: 6010 File Number 2017-0616 PASSED and APPROVED on 11/21/2017 Attest: i Sondra E. Smith, C i ty Clerk Treasurer FAYETTEVILLE: a [3 Page 2 Printed on 5114H8 „. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 V Text File File Number: 2017-0616 Agenda Date: 11/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 VIP CLUB: AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB, FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE 96 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; and WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow sidewalk near his location; and WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend and complete the Fayetteville Police Department's free Fraudulent/Underage ID class. 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 Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6 under the conditions set forth in Section 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sami Ammar Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class as conditions for the City Council's approval of Mr. Haddaji's application. City of Fayetteville, Arkansas Page 1 Printed on 511412018 City of Fayetteville Staff Review Form 2017-0616 Legistar File ID 11/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Kit Williams 10/24/2016 City Attorney / General Government Department Submitted By Submitted Date Division / Department Action Recommendation: An ordinance to appvoe the application of Sami Ammar Haddaji, on behalf of VIP Club for a permit to operate as a private club in the City of Fayetteville at 326 N. West Ave. #6 NA Account Number NA Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget NA Fund NA Project Title $ Approval Date: V20140710 SW U00�9 ORDINANCE NO. AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE #6 WHEREAS, the Arkansas State Code definition of private club was amended to delete "regularly paying annual dues of not less than five dollars ($5.00) per member" from the requirement that a private club "must have not fewer than one hundred (100) members," and; 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 Sarni Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6. PASSED and APPROVED this 7h day of November, 2017. APPROVED: ATTEST: IIn LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer Smith, Lorinda From: Pennington, Blake Sent: Monday, May 14, 2018 11:24 AM To: Smith, Lorinda Cc: Williams, Kit Subject: Emailing: ORD APPROVE APPLICATION FOR PRIVATE CLUB PERMIT - VIP Club Sami Ammar Haddaji Attachments: ORD APPROVE APPLICATION FOR PRIVATE CLUB PERMIT - VIP Club Sami Ammar Haddaji.docx Lorinda, Attached is the final amended version of the VIP Club ordinance. It appears this version did not make it into Legistar after the first version was amended by the City Council. m Thanks, Blake Your message is ready to be sent with the following file or link attachments: ORD APPROVE APPLICATION FOR PRIVATE CLUB PERMIT - VIP Club Sami Ammar Haddaji Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ORDINANCE NO. AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAR, ON BEHALF OF VIP CLUB FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE #6 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; and WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow sidewalk near his location; and WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend and complete the Fayetteville Police Department's free Fraudulent/Underage ID class. 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 Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6 under the conditions set forth in Section 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sami Ammar Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class as conditions for the City Council's approval of Mr. Haddaji's application. PASSED and APPROVED this 1 7. APPROVED: LIN ATTEST: M LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6010 File Number: 2017-0616 VIP CLUB: I j AN ORDINANCE TO A ROVE THE APPLICATION OF SAME A R HADDAR, ON BEHALF OF VIP CLUB FOR A PERMI TO OPERATE AS A PRIVATE CLU IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVE E #6 WHEREAS, the Arkansas State C e definition of privat lub was amended to delete "regularly paying annual dues of not less than five do s ($5.00) per ber" from the requirement that a private club "must have not fewer than one hundred ( 0) members and; WHEREAS, Act 1112 of 2017, which ame ed a permitting procedure set forth in Ark. Code Ann. § 3- 9-222 for private clubs in the State of Arkans requires the City Council to approve "by ordinance an application for a permit to operate as a pr' to ub" before the applicant can submit the application to the state Alcoholic Beverage Control Divi ' n. NOW, THEREFORE, BE IT ❑ AINED BY T CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Co cil of the City of Fayetteville, rkansas hereby approves the application of Sami Ammar Haddaji, behalf of VIP Club, a copy of ich is attached to the agenda request form, for a permit to o rate as a private club in the City of Fa 11evil le at 326 North West Avenue #6. PASSED and APROVED on 11/21/2017 Page 1 Printed on 11/27/17 Oidinance: 6010 Ea l City of Fayetteville, Arkansas L1 0 N Aget\Num 1/21/2017 In CCouncil Meeting Ager: B. 2 VIP CLUB: Text File File Number: 2017-0616 Version: 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 ,Vtus: Passed File Type: Ordinance AN ORDINANCE TNAPPROVE THE APPLICATION Oy SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB FOR '\% PERMIT TO OPERATE A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 N�tTh WEST AVENUE #6 WHEREAS, the Arkansas StateN,(-ode definition o private club was amended to delete "regularly paying annual dues of not less than five d` cars ($5.00) p member" from the requirement that a private club "must have not fewer than one hundred (100) t , mbers," 4Q, WHEREAS, Act 1112 of 2017, whicha �ndcd the permitting procedure set forth in Ark. Code Ann. § 3-9-222 for private clubs in the State o.r Ar' nsas, requires the City Council to approve "by ordinance an application for a permit to operate as a.rivate c 1w" before the applicant can submit the application to the state Alcoholic Beverage Control Division. J r NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSA:-: I Sectiolt 1: That the City auncil of the City of Fayetteville, At nsas hereby approves the application of Sami Ammar Haddaji, on bell' of VIP Club, a copy of which is attache to the agenda request form, for a permit to operate as a private clu it: the City of Fayetteville at 326 North West Av ue #6. City of Fayetteville, Arkansas Page 1 Printed on 1112712017 BALL & MOURTON, LTD., PLLC E.J. BALL (1917-2004) A Professional Limited Liability Company KENNETH R. MOURTON Attorneys at Law JASON GILI3ERT Est. 1950 Telephone: (479) 442-6213 Facsimile: (479) 442-6233 www.ballandmourton.com October 23, 2017 VIA: HAND DELIVERY Mr. Kit Williams City of Fayetteville City Attorney 113 West Mountain Street, Suite 302 Fayetteville, AR 72701 RE: Act 1112 of 2017 Dear Kit: Post Office Box 1948 Fayetteville, AR 72702 Uptown Professional Offices 3608 N. Steele Blvd. Suite 202 Fayetteville, AR 72703 Pursuant to our telephone conference today, I am requesting that the application by VIP Club for a private club permit be added to the City Council agenda for November 7, 2017, for approval of said private club by City Ordinance as required by Act 1112 of 2017. The information regarding the private club is as follows: Non -Profit Corporation Location: Applicant on behalf of VIP Club VIP Club 326 North West Avenue #6 Fayetteville, AR 72701 Sami Ammar Haddaji 2128 North Garland Avenue #I Fayetteville, AR 72704 479-228-8530 Please let me know if you need any additional information. K:\doc\oct\kitwilliams 10-23-2017 RECEIVED OCT 2 3 2017 CITY ATTORNEY'S OFFICE Mr. Kit Williams October 23, 2017 Page 2 With highest personal regards. Very truly yours, Kern - i R. Mourton KRM:ac KAdo6oct\kit williams 10-23-2017 . �� ■ ' � _[ Tom..:' ,,�e - * � P eyi �� T j 74 ❑ .`= E''• �•e � ;:�,.; � "� to -• _mow..._. C4 Al f N f : � � 'r. I .ice M '��•7� ' ' '"� �, - � � la� • � r - -- --....-.. ' �: �.: iia C) Wp w00 b �� M UU VLu cp S wow to r. .._ ... .. .. and ISBM 'N ,UJ UJI LO 97 c 0 U cu fn^^(d F L CD; LL L -0-0 1 E -0 -- i = Q N m Z Ln, 0 �. W L L Z)0>Q is 0 1 x Page 1 of 1 ARKANSAS STATE POLICE Arkansas Criminal History Report This report is based on a name search. There is no guarantee that it relates to the person you are interested in without fingerprint verification. This report includes a check of Arkansas files only. Inquiries into FBI files are not permitted for non -criminal justice or employment purposes without specific statutory authority. Subject of Record Last: HADDAJI First: SAMI Middle: A Date of Birth: 0112911986 Sex: M Race: U t.. Social Security Number: IWK (not verified, supplied at time of request) — NO CRIMINAL HISTORY FOUND FOR THIS SUS '1' FDNT1�FIUATI0N Requestor Information Transaction Number: ABC002311296 Date: 10/0912017 Agency Reporting: Arkansas State Police Purpose: Pursuant to Arkansas Code §3-2-103 regarding applicants for licensing by the Alcoholic Beverage Control Division. Released To: Carolyn Vance On Behalf of ABC Representing: ABC Mailing Address: 1515 W 7TH STREET LITTLE ROCK, AR 72201 This Arkansas criminal history record report should only be used for the purpose that it was requested. A request that is posed for a different puroase may result in more or less information being ropwted This report does not preclude the possible existence of additional records on this person which may not have been reported to the Stile Identiffcation Bureau and Central Repository. Changes in a criminal history record can occur at any time due to new arrests andror oitgoing legal proceedings. This Arkansas criminal background check report is for non -criminal justice purposes and may only reflect if a person has any Arkansas felony and misdemeanor conviction(s), any Arkansas felony arrest that occurred in the last three (3) years that has not been to court and whether the person is a registered sex offender or required to register as a sex offender. Juvenile arrest and/or court information will not be released on this report. https://www.ark.org/criminal/login/index.php?ina_sec_csrfl--5a 1 d992b062b... 10/9/2017 STATE OF ARKANSAS ALCOHOLIC BEVERAGE CONTROL DMSION APPLICATION FOR PRIVATE CLUB PERMIT Private Club Permit No. We hereby, make applications for permits to serve alcoholic beverages on our premises to the club's adult members, members of their families over the age of 21, and duly qualified guests. VIP CLUB Non -Profit Corporation FEIN# 47-3415261 APPLICANT ON BEHALF OF CLUB sami Ammar Haddaj i First Middle Last HOME ADDRESS 2128 N. Garland Avenue #1 Fayetteville 72704 Washington Street City Zip County BUSINESS NAME VIP club BUSINESS ADDRESS 326 North Wedt Avenue #6 Fayetteville 72701 Washington Street City Zip County Is proposed location Inside or outside city limits? Inside Does the club own the premises? No If leased, give name and address of owner: HMT of Fayetteville, LLC P.O. Box 1181 Fayetteville, AR 72702 Is your establishment primarily engaged in the business of serving food for consumption on the premises? No Under which system of dispensing alcoholic beverages will the club operate? Pool/Revolving Locker Does anyone now hold an alcoholic beverage permit a this location? No name, address and permit no. (s) Amount of Dues 5.00 ANNUAL 0 MONTHLY() If so, give IN119111,111 Give names and addresses of all offioors/directors of the non-profit organ¢ation: NAME TITLE ADDRESS Sami Haddaji President/Vice President 2128 North Garland Avenue #1 Fayetteville, AR Trisha Caldwell-Haddaji Secretary/Treasurer 2128 North Garland Avenue #1 Fayetteville, AR Signed this day of Signature of Applicant/Managing Agent President/Managing Agent Official Title Subscribed and sworn to before me this day of Notary Public My Commission Expires: 10/27/09 NEWSCHAD102 SCHEDULE A - INDIVIDUAL'S PERSONAL HISTORY Application filled by Applicant - A, Stockholder/Partner - S : A I submit answers to the following questions under oath: 1. Name Sami Haddaj i Sex M ._ Date of Birth 1-29-1986 2128 N. Garland Ave #1 Fayetteville 72704 2. Home Address Phone No, 479-228-8530 Street - Clty Zip 3. Are you a person of good moral character and reputation in your community? ___ Yes 4. Are you a (CMZEN) or PERMANENT RESIDENT ALIE f the. United States? CIRCLE ONE Social Security No. V reen Card No. A0AvW1W~ 5. Are you a resident of the county In which application has been made? Yes If not, do you five within 35 miles of the premises to be permitted? 6. Have you ever been convicted of a felony? YES NO X If so, give full Information 7. Have you been convicted of any violation of any law relating to alcoholic beverages within the five (5)years preceeding this application? YES ND If so, give full Information__ _ B, have you had any alcoholic beverage permit Issued to you revoked within the Five (5) years preceeding this application? YES NO x If so, give foil Information 9. Do you presently hold or have you ever held an alcoholic beverage permit(s)? Yes If so, give name, place and permit numb VS1 Sami Haddaji - Hooka J va Cafe (inactive status) 1 Have you applied and been refused a permit at the applied for location within the last 12 months? ° If so, give full Inforrnatlon 11, Marital Status: Single ( ] Married ( X ) Divorced { ) Separated ( } Other ( ) 12. Furnish complete Information regarding members of Immediate family: Rel@tlonshLp fuLMame AddFess D-C+PgtiQn Wife - Trisha Caldwell-Haddaji 2128 N. Garland Avenue #1 Fayetteville Office Manager Arkansas 72704 NEWSCHAM2 a l� 4 e.�. iV'.1�. (a) Are any of the above to be connected with the operation of the outlet? __ NO _ (b) If so, who and In what capacity? 13. Give your home address (city or town) and dates at each for the past five (5) years: 2128 North Garland Avenue #1, Fayetteville, AR 72704 - 11/13 - Current Cite E1 Feth Jemmel, Tunisia - Childhood - 11/2013 14. Covering the past five (5) years, give In detail the following: Your QLjs1n or i zu Dame a Aclidres5 -9LEMplover Dates_9f Et�p ovment Owner - The Mediterranean Truck - 1/1/2017 - Present Owner - Hookah Java Cafe - 2/1/16 - 4/1/2017 Team Lead - Sam's Club - Highway 112, Fayetteville, AR 72701 - 5/2014 - 6/2016 I hereby state on oath that I will not violate any law of this State or any regulation of the Alcoholic Beverage Control Division, nor will any agent or employee be allowed to violate any law or regulation. It Is hereby consented that the licensed premises and its books and records shall be open at all times to all law enforcement officials without warrant or other legal process. Applicant's Signature STATE OF ARKANSAS COUNTY OF Washington Sami Haddaji F _ being first duly sworn on oath deposes and says that he/she has read each of the questions to which he/she has made answer, and that his/her said answers In each Instance are true and correct. Subscribed and sworn to before me this day of _ 2017 I.— r . —.— My Commission Expires: .. _._.... _ . _ NEWARIA0101 AUTHORITY TO RELEASE INFORMATION Application filled by Applicant - A, Stockholder/Partner - S : A TO WHOM IT MAY CONCERN: I understand that the Alcohotfc Beverage Control Enforcement Division will conduct a thorough investigation before a finat decision is made regarding my eligibility to hold an alcoholic beverage permit. This Investigation may include inquiries as to my character, reputation, and the location and feasibility of a permit being issued at the applied for location. To facilitate this investigation, I do hereby give my consent and authority for any public utflity or police agency to furnish information from their records to the Alcoholic Beverage Control Enforcement Division and the Alcoholic Beverage Control Board. Signature - full Name Date 2128 North Garland Avenue #1 Home Address Fayetteville AR 72704 City State Zip 2128 North Garland Avenue 41 Mailing Address Fayetteville AR 72704 City State - Zip 479-228-8530 Contact Phone Business Phone sahaddaji@gmail.com E -Mail Address Sworn and subscribed before me this day of Notary Public My Commission Expires:._ _ (Revised 3/08) 2017 NEWETDS0102 NAME OF OUTLET DESCRIPTION OF BUSINESS AND ENTERTAINMENT ACTIVITIES FOR PRIVATE CLUB PERMIT VIP Club CITY Fayetteville COUNTY Washington Arkansas Low requires that a private club must exist for some reason other than the consumption of alcoholic beverages. On this sheet of paper, which is a part of your verified application, you are to describe, in complete detail, what entertainment (live bands, dancers, food service, etc.), social functions, or other recreational events will be available at the club for the members. If you are in doubt about whether to list an item, you are urged to include it. Under Section 1.34 of the ABC regulations, any permit issued by this agency is only valid for the uses described in the origins! application. Any material change in the club's operation or entertainment, other than originally listed in this application, w th4out p *r w1 ¢ #w d/rte , shall be grounds or revocation of your permit. On your f loon plan, which is a separate attachment, please mark the entrance to the private club, noting the location of the guest book, and mark any major features of the private club area, including where specific entertainment items will be located. PLEASE PRINT OR TYPE YOUR RESPONSES BELOW. USE THE BACK OF FORM, OR ADDDITIONAl_ SHEETS, IF NECESSARY. VIP Club will offer its members and guests three televisions for their viewing pleasure. VIP Club will also have a DJ for music. vip Club initially will be open four days a week, Wednesday, Thursday, Friday and Saturday from 6:00 p.m. until 2:00 a.m. There is a possibility in the future they will be open 6 days a week (Monday through Saturday) from 6:00 p.m, to 2:00 a.m. VIP Club will place a jar with the name of a charity on the bar that members and guests can donate to. The Managing Agent will pick new charity each month for which the members and guests may donate to. L Alaniz, Anthony 14857 Cove Creek Prairie Grove, AR 72753 2. Almwaily, Talal 333 N St Charles Ave # 419 Fayetteville, AR 72701 3. Anadefl, Joel 4141 N Cadillac Dr. #9 Fayetteville, AR 72:703 4. Anderson, Christopher 15 N Locust #4 Fayetteville, AR 72701 5. Apulu, Ndotimi 900 NT Leverette Ave #107 Fayetteville, AR 72701 6. Atchley, Seth 122 W Meadow St #4 Fayetteville, AR 72701 7. Baird, Julia 1062 Bel Air Dr. Fayetteville, AR 72703 8. Bateman; JR 4420 Madison 2590, Huntsville, AR 72740 9. Benazzouz, Amine 1291 Fox Run In Elkins, AR 72727 10, Bertan, Xavier 727 W. Beek Fayetteville, AR 72703 11. Beter, Daniel 567 N Scottsdale Dr. #3 Fayetteville, AR 72701 12. Bogard, Catherine 415 West Johnson. Springdale, AR 72764 13. Bonilla, Carolina 3636 Glenbrook Loop Springdale, AR 72764 14. Bowers, Isaiah 519 S Duncan St 41 Fayetteville, AR 72701 15. Boyd, Rosemarie 1756 N Merion Way #1204 Fayetteville, AR 72704 16. Brandon, Bryan 12056 Ilaael Valley Rd Fayetteville, AR 72701 17, Brewer, Jacob 210 S. Hill St Fayetteville, AR 72701 18. Brooks, Zack 930 W Berry Fayetteville, AR 72701 19. Brown, Todd 101 Cope Rd Crossett, AR 71635 20. Caldwell, Tina 118 Double Rd Renfrew, PA 16053 21. Caldwell, Trisha 2128 N Garland Ave #1 Fayetteville, AR 72704 22. Calloway, Paul 3490 F. Redwood Drive, Fayetteville, AR 72703 23. Calloway, Pauline 3061 Skillern .Road, Fayetteville, AR 72703 24. Carlson, Gustav 714 W. Douglas Fayetteville, AR 72701 25. Chaisson, Brian 4170 Hillside Terrace, Fayetteville, AR 72703 26. Coates, Myles 3001 W Wedington Ave #12 Fayetteville, AR 72701 27. Collins, Joseph 1002 Taldo Loop Springdale, AR 72762 28. Darboe, Joko 2000 Commons Dr. Rogers, AR 72756 29. Debraff, Gavin 1248 N Centennial Ave West Fork, AR 72774 30. Diaz, Karla 1618 .Mayberry Dr., Neosho, MO 64850 31. Dilley, Jeremiah 522 W Maple #9 Fayetteville, AR 72701 32. Drake, Jeniece 22433 Downum Rd Springdale, AR 72762 33. Drake, Terry 280 Countryside Drive, Farmington, AR 72730 34. Duffy, Dustin 1474 Timberlane Dr, Fayetteville, AR 72701 35. Eccleston, Quinton 938 N. Daisy Ln., Fayetteville, AR 72703 36. Edwards, Danielle 20948 Dobbs Mountain Rd. Evansville, AR 72729 37. Faber, Denise 1650 E. Carolyn Drive Fayetteville, AR 72701 38. Faulkner, Colby 934 Silverado Dr., Fayetteville, AR 72701 39. Foster, Cazzie 649 North Haven Dr. Memphis, TN 38127 40. Fox, Lauren 72.1 Dogwood Ct Crossett, AR 71635 41. Freeze, Alexandria 7408 Flint Rd # 105 Shawnee, KS 66203 42. Fuigharn, Alex 485 N Monroe Station Dr. Fayetteville, AR 72704 43, Galdamez, Johnny 701 N 24'h St Rogers, AR 72756 44. Gately, Sterlyn 719 N Storer Ave Fayetteville, AR 72701 45, Gilbert, Jason 3511 E. Madison Drive, Fayetteville, AR 72701 46. Gogia, Ruchika 900 N Leverette Ave 4318 Fayetteville, AR 72701 47. Granthan, David 4516 Frank St N. Little Rock, AR 72118 48, Green, McKenna 615 W Cheshire Ct. 4101 Fayetteville, AR 72701 49. Harrison, Shanda 51063 S 727 Rd Colcord,OK 74338 50. Hubbell, Dilly 107 Greenbriar Crossett, AR 71635 51. Hubbell, Griffin 1681 N Timberridge Ct Fayetteville, AR 72704 52. Hubbell, Judy 108 Greenbriar Crossett, AR 71635 53. Jones, Jarred 301 W. Spring St Fayetteville, AR 72701 54. Kegley, Jake 507 Branchwood Ave., Springdale, AR 72764 55. King, Ryan 400 N. Coral Canyon Loop Fayetteville, AR 72703 56. long, Paul 10200 S Old Cincinnati Rd Lincoln AR 72744 57. Krzesinski, William 625 W Dickson St 45 Fayetteville, AR 72701 58. Land, Peyton 884 W 1-1olly St. Fayetteville, AR 72703 59, Lane, Jason 1412 N Oakland Fayetteville, AR 72703 60. Lisle, Derek 1209 S Gentlevalley Dr, Fayetteville, AR 72701 61. Loreton, Jesse 1251 E. Shepherd Lane Fayetteville, AR 72703 62. Mallett, Ashleigh 3215 W. Jewell Rd Fayetteville, AR 72701 63. McAllister, Jonathan 104 Garvin Dr. Fayetteville, AR 72701 64. McCabe, Dallas 1340 N Futrail Dr. Fayetteville, AR 72703 65. McPherson, Adam 1247 W Mt. Comfort Rd Fayetteville, AR 72703 66. Meier, Vince 413 N West Ave Fayetteville, AR 72701 67. Melchor, Juan 33 Wood Springs Dr. Fayetteville, AR 72701 68. Melchor, Marco 5401 SW Villa Bentonville, AR 72712 69. Melendez, Yohan 1563 S. Razorback Rd Fayetteville, AR 72701 70. Miller, Jill 2784 Coy Kaylor Drive, Apt, 12, Fayetteville, AR 72703 71. Miller, Nanette 3105D Curtis Street, Fayetteville, AR 72703 72. Mourton, Kenneth 1415 Mission, Fayetteville, AR 72701 73. Mucciarone, Robin 1611 South River Meadows Drive, Fayettcville, AR 72701 74. Murray, Brandon 2731 N Chapel Dr. Fayetteville, AR 72704 75. Myers, Marty 1047 S. Sherman Ave Fayetteville, AR 72701 76. Njai, lsatole 2900 N 22nd St Rogers, AR 72756 77. Noseworthy, Charles 66 Glenmere Ave Florida, NY 10921 78. Nunez, Dom 1563 S. Razorback Rd Fayetteville, AR 72701 79. Odell, Chandler 1343 N Oakland #203 Fayetteville, AR 72703 80. Perez, Javid 2510 S Walton Blvd., Bentonville, AR 72712 81. Passamano, Michael 31 Wood Springs Dr., Fayetteville, AR 72701 82. Peterson, Calvin 55 Wood Springs Dr., Fayetteville, AR 72701 83. Perdue, Larry 1428 E. Farmers Avenue, Fayetteville, AR 7270.1 84, Raiyan, Shifat 688 N Leverette Ave, Fayetteville, AR 72701 85. Raley, Mark 208 West Hill Street, Alpena, AR, 72611 86. Rambeau, Christian 65 N Fletcher Ave Fayetteville, AR 72701 87. Reas, Marilyn 442 Madison 7225, Hindsville, AR 72738 88. Rivera, Evelin 333 Carrington Ave Springdale, AR 72764 89. Robinson, Michael 1047 S Sherman Ave Fayetteville, AR 72701 90. Rogers, Tiffany 1789 Ashley 89 Crossett, AR 71635 91. Rollins, John 4024 Hillside Terrace, Fayetteville, AR 72703 92. Schneider, Ricardo 934 S. Silverado Dr. Fayetteville, AR 72701 93. Scott, Clayton 3198 N Malinda Fayetteville, AR 72703 94. Shah, Saurya 574 N 24h St. Rogers, AR 72756 95, Smith, Josh 18994 Shoreline Way Fayetteville, AR 72703 96. Sugg, Andrew 119 Kate Smith St #3 Prairie Grove, AR 72753 97. Taylor, Joel 176 Canada Ave Wichita, KS 57217 98. Taylor, Stephen 5100 Zero St. Apt 2310, Fort Smith, AR 72903 99. Terry, Dee 727 W. Beck Fayetteville, AR 72703 100. Thompson, Matt 107 Dakota Trail Farmington, AR 72730 101. Tlamirez, Chris 905 Lochness Lane Garland, TX 75044 102. Todd, Kyle 1501 N Prairie Dunes Trail Fayetteville, AR 72704 103. Varley, Phil 2673 Preston St 41120 Salt Lake City, UT 84106 104. Vega, Daniel 1948 S 170 P]. Rogers, AR 72758 105. Villasaner, Jordan 2438 W. St. Pete's Ct. #205 Fayetteville, AR 72701 106. Villines, Toby 4515 Madison 8715, Huntsville, AR 72740 107. Wakefiled, Dick 2285-2 Wolf Run Drive, Fayetteville, AR 72704 108. Wandrey, Amy 3147 N Sheryl Ave Fayetteville, AR 72703 109. Ward, Ezra 2811 S. Hunt Lane Fayetteville, AR 72701 110. Weaver, Dylan 2884 N. Sunny Lane, Fayetteville, AR 72703 1 I 1. Wimberly, ,Sam 2116 Loren Circle, Fayetteville, AR 72703 112. Wunschel, Nathan 2106 N Garland Ave #1 Fayetteville, AR 72704 , TAvrE OF A .A IS S SECRETARY OF STATE Mark Martin ARKANSAS SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: I, Mark Martin, Arkansas Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Amendment T WILD PONY CANYON, INC. changing the name to VIP CLUB filed in this office October 3, 2017. In Testimony Whereof, I have hereunto set my hand and affixed my .official Seal. Done at my office in the City of Little Rock, this 3rd day of October, 2017, Arkansas Secrdary of State 0 FILED - Arkansas Secretary of State -Mork Martin - Doc#: 9141114001 - Filing#: 811 D68981 -Filed On: 101312017 -Page(s): 2 Certificate of Amendment of a Non -Profit Corporation WILD PONY CANYON, INC., corporation duly organized, created and existing under and by virtue of the laws of the State of Arkansas, by its Presiding Director or Officer, DOES HEREBY CERTIFY: At a meeting of the membership for incorporators or board of directors) which was held on: 10/02/2017 in the City of: FAYETTEVILLE, the Articles of Incorporation of this corporation were amended to read as follows: THE NAME OF THE CORPORXI-ION SHALL BE VIP CLUB. THE REGISTERED AGENT SHALL BE CHANGED TO SANII HADDAR, 326 N. WEST AVENUE, SUITE 6, FAYETTEVILLE, AR 72701. THE PRIMARY PLACE OF BUSINESS SHALL BE CHANGED TO 326 N. WEST AVENUE, SUITE 6, FAYETTEVILLE, AR 72701. Check appropriate statement: X I If approval of the members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators; Il If approval by members was required: (a) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the amendment, and the number of votes of each class indisputably voting on the amendment; and (b) either the total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each class and a statement that the number cast for the amendment by each class was sufficient for approval by that class. 111 If the approval of the amendment by some person or persons other than the members, the board or incorporators is required pursuant to § 4-33-1030, a statement that the approval was obtained. Date: 3rd of October, 2017 {$delayed_message Signature of Presiding Director: ANGELA CALLOWAY 9 SECRETARY wr' �; f OF STATE U.t . Mark Martin ARKANSAS SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: I, Mark Martin, Arkansas Secretary. of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Incorporation of WILD PONY CANYON, INC. filed in this office January 28, 2015 in compliance with the provisions of the law and are hereby declared a body politic and corporate, by the name and style aforesaid, with all the powers, privileges and immunities granted in the law thereunto appertaining. i Testimony Whereof, I have hereunto set my hand d affixed my official Seal. Done at my office in the ty of Little Rock, this 28th day of January, 2015. krkansas Secretary of State FILED - Arkansas Secretary of State - Mark Marlin - Doc4' 5435019001 - Filing#: 811068981 - Filed On: 1/28/21115 - Page(s): 1 Articles of Incorporation for Dom. Non -Profit Corp Filing Act: 1147 011993 Entity Name: WILD PONY CANYON, INC. File Date: 2015-01-28 13:40:09 Effective Date: 2015-01-28 Filing Signature: JILL MILLER Organization Type: Public - Benefit Corporation Asset Distribution: To the members. Has Members: Yes First Name: KENNETH Last Name: MOURTON Suffix: MR Address 1: 3608 N. STEELE BLVD., SUITE 202 City: FAYETTEVILLE State: AR Zip: 72703 Country: USA Phone: 479-442-6213 First Name: JILL Last Name: MILLER Title: Incorporator/Organizer Address 1: 3608 N. STEELE BLVD., SUITE 202 City: FAYETTEVILLE State: AR Zip: 72703 Country: USA BY-LAWS OF VIP CLUB ARTICLE ONE OFFICES The principal office of the corporation shall be located at 326 North West Avenue #1, Fayetteville, Arkansas 72701. The corporation may have such other offices, either within or out the State of Arkansas, as the Board of Directors may determine from time to time. ARTICLE TWO MEMBERS SECTION 1. Classes of Members: The members of the corporation shall be one class and shall be allowed one vote each as herein below set forth. The qualifications for membership shall be stated hereinafter. SEQD"ION 2. Election Qf Members: Any person interested in becoming a member of the corporation shall submit a written and signed application, on a form approved by the Board of Directors, to the Secretary of the Corporation. Such application shall be accompanied by the written sponsorship of one member in good standing or one member of the Board of Directors. Applicants whose applications are so approved shall become members of the corporation. As soon as the Membership Committee shall have formed, as provided hereinafter, all applications for membership shall be submitted to the Membership Committee, duly considered by the Committee. On approval of his/her application by the Membership Committee the applicant shall become a member of the corporation. K:\doc\corp\bylaws - vip club Page —1— Any applicant who has been disapproved by the Membership Committee or any sponsor of such applicant, shall have the privilege of review by the membership at large, according to such procedure as may be fixed by the Board of Directors. SECTION 3. Voting Riszhts: Each member in good standing shall be entitled to one vote on each matter submitted to a vote of the members. SECTION 4. Tenni nation of Nlembershi :The Board of Directors, by affirmative vote of two-thirds of all of the members of the Board, may suspend or expel a member for cause after an appropriate hearing, aml, by a majority vote of those present at any regularly constituted meeting, may terminate the membership of any member who becomes ineligible for membership. SECTION S. ResiLmation: Any member may resign by filing a written resignation with the Secretary. SECTION 6. Reinstatement: On written request signed by a former member and filed with the Secretary, the Board of Directors, by the affirmative vote of two-thirds of the members of the Board, may reinstate such former terms as the Board of Directors may deem appropriate. SECTION 7. Transfer of Membership: Membership in this corporation is not transferable or assignable. ARTICLE THREE 11�EETING OF MEMBERS SECTION 1.,Annual Meeting: An annual meeting of the members shall be held at the principal office of the corporation on the first day following the holiday in the month of January in each year, beginning with the year 2018, at the hour of one o'clock (1:00) p.m. for the purpose of electing directors and for the transaction of such other business as may come before the meeting. KMoc\corp\bylaws - vip club Page —2— If the day :fixed for the annual meeting is a legal holiday in the State of Arkansas, such meeting shall be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as is convenient. SECTION 2. Spgoial Meetings: Special meetings of the members may be called by the President, the Board of Directors, or not less than one-tenth of the members having voting rights, at a place designated by the Board of Directors. If no designation is made, the place of meeting shall be the principal office of the corporation in the State of Arkansas. EC"1'IaN3. Notice of Me tinWritten or printed notice stating the place, day, and hour of any meeting of members shall be posted at the main entrance to the corporate office or meeting place in a conspicuous place, not less than five (5) nor more than ten (10) days before the date of such meeting, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting. In case of a special meeting or when required by statute or by these by-laws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail, addressed to the member at his/her address as it appears on the records of the corporation with postage thereon prepaid. SSEEMQN 4. informal Action by Members: Any action required by law to be taken at a meeting of the members, or any action that may be taken at a meeting of the members, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all the members entitled to vote with the respect to the subject matter thereof. K:1docicorplbylaws - vip club Page —3— SECTION 5. uorwn: A quorum shall consist of at least ten members eligible to cast votes at any regular or special meeting of the corporation. If a quorum is not present at any meeting of the membership, a majority of the members present may adjourn the meeting. SECTION G. Proxies: All voting by the club membership or any committee or sub- committee of the club shall be by the individual member in person or by mailed ballot. No proxy vote shall be allowed. SECTION 7. Voting by Mail: Where directors or officers are to be elected by members of any class or classes of members, such election may be conducted by mail in such manner as the Board of Directors shall determine. ARTICLE FOUR BOARD OF DIRECTORS SECTION 1. General Powers: The affairs of the corporation shall be managed by its Board of Directors. SECTION 2. Number, Tenures and Qual'sfications• The number of directors shall be two. Directors shall be elected at the annual meeting of members and the term of office of each director shall be until the next annual meeting of the members and the election and qualification of his/her successor. SECTION 3. he filar Meetirim: A regular meeting of the Board of Directors shall be held without any other notice than this by-law immediately after, and at the same place, as the annual meeting of members. The Board of Directors may provide, by resolution, the time and place for holding additional regular meetings without other notice than such resolution. Additional regular K:1docicorplbyIaws - vip club Page —4— meetings shall be held at the principal office of the corporation in the absence of any designation in the resolution. SECTION 4. Special Meeti s: Special meetings of the Board of Directors may be called by or at the request of the president or two directors, and shall be held at the principal office of the corporation or at such other place as the directors may determine. SF',CTION 5. Notice: Notice of any special meeting of the Board of Directors shall be given at least two days previously thereto by written notice delivered personally or sent by mail or telegram to each director at his/her address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when it is delivered to the telegraph company. Any director may waive notice of any meeting. The attendance of a director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. The business to be transacted at the meeting need not be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by-laws. SECTION fi_Quorum: A, majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the directors are present the meeting may be adjourned from time to time without further notice. 5EE TION 7. Vacancies: Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of directors shall be filled by the Board of Directors. A director appointed to fill a vacancy shall serve for the unexpired term of his/her predecessor in office. K:\doc\corp\bylaws - vip club Page —5— SECTION 8. Cornpensation: Directors as such shall not receive any stated salaries for their services, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for attendance at any regular or special meeting of the Board. Nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity and receiving compensation therefor. ARTICLE FIVE OFFICERS SECTION I - Officers- The officers of the corporation shall be a president, vice president, secretary and treasurer, and such other officers as may be elected in accordance with the provisions of this article. The Board of Directors may elect or appoint such other officers, including one or more assistant treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any two or more offices may be held by the same person. SECTION 2. Election and Term of Office: The officers of corporation shall be elected annually by the Board of Directors at the regular annual meeting of the Board of Directors. If the election of officers is not held at such meeting, such election shall be held as soon tha'eafter as is convenient. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his/her successor has been duly elected and qualifies. SECTION 3. Removal: Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interest of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officers so removed. K:\doc\corp\bylaws - vip club Page —6— SECTION 4. Vacancies: A vacancy in any office because of death, resignation, removal disqualification, or otherwise may be filled by the Board of Directors for the unexpired portion of the term. aECTION 5. Powers and Duties: The several officers shall have such powers and shall perform such duties as may from time to time be specified in resolutions or other directives of the Board of Directors. In the absence of such specifications, each officer shall have the powers and authority and shall perform and discharge the duties of officers of the same title serving in non-profit corporation having the same or similar general purposes and objectives as this corporation. ARTICLE SIX _COMMITTEES SECTION 1. Committees of Directors:. The Board of Directors by resolution adopted by majority of the directors in office, may designate one or more committees, each of which shall consist of two or more directors, which committees, to the extent provided in such resolution, shall have and exercise the authority of the Board of Directors in the management of the corporation, but the designation of such committees and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual director, of any responsibility imposed on it/him/her by law. SjE,Q TION 2. Membership Committee: At the first meeting of the Board of Directors, or such special meeting of the Board of Directors as may be called for the purpose, the Board shall elect from the membership no fewer than three nor more than five persons who shall constitute the Membership Committee. Of the committee members first elected, one shall serve for one year, one shall serve for two years, and one shall serve for three years. At annual meetings of the members thereafter, the member shall be elected to the committee for one-year terms to fill the terms as they expire. Any K:\doc\corp\bylaws - vip club Page —7— vacancy occurring in the committee by death, resignation, withdrawal from membership or otherwise shall be filled by majority vote of all the remaining members of the committee. Any person so elected shall serve for the remainder of the term of his/her predecessor. The committee, when formed, shall organize itself, shall elect from its members a chairman and a secretary and shall perform the functions and discharge the duties, concerning the consideration, approval, and election of new members, as are given to the committee elsewhere in these by-laws, or by resolution of the Board of Directors, or by resolution of the members. SECTION 3. Other Committees: Other committees not having and exercising the authority of the Board of Directors in the management of the corporation may be designated by a resolution adopted by a majority of the directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, members of each such committee shall appoint the members thereof. Any member thereof may be removed by the person or persons authorized to appoint such member whenever in their judgment the best interest of the corporation shall be served by such removal. ARTICLE SEVEN CONTRACT CHECKS DEPOSITS A! lD FIRMS SECTION 1. Contracts: The Board of Directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these by-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or may be confined to specific instances. SECTION 2. Checks. Drafts, or Orders: All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the corporation, shall be K:\doc\corp\bylaws - vip club Page —8— signed by such officer or officers, agent or agents, of the corporation, and in such manner as shall from time to time be determined by resolution of the Board of Directors, such instruments shall be signed by the president or vice-president of the corporation. SECTION 3. Def)osits: All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. SECTION 4. Ciif3s: The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for any purpose of the corporation. ARTICLE EIGHT MEMBERSHIP CARDS Section 1. Proof of Memberslii i _ The Board of Directors shall provide for the issuance of membership cards evidencing membership in the corporation, which cards shall be in such form as may be determined by the Board. Such cards shall be signed by the president or vice-president and by the secretary or an assistant secretary and shall be sealed with the seal of the corporation. All cards evidencing membership of any class shall be consecutively numbered. The name and address of each member and the date of issuance of the card shall be entered on the records of the corporation. If any card is lost, mutilated, or destroyed, a new card may be issued on such terms and conditions as the Board of Directors may determine. SECTION 2. _ Tssuance of Membership Cards: When a member has been elected to membership a membership card shall be issued in his/her name and delivered to him/her by the secretary. K:\doc\corp\bylaws-vipclub Page —9— ARTICLE NINE F3300K,S AND UCORDS The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, Board of Directors, committees, having and exercising any of the authority of the Board of Directors and the membership committee, and shall keep at the principal office a record giving the names and addresses of the members entitled to vote. All books and records of the corporation may be inspected by any member or his/her agent or attorney for any proper purpose at any reasonable time. ARTICLE TEN FISCAL YEAR The fiscal year of the corporation shall be January through December. ARTICLE ELEVEN WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of Arkansas Law or the Articles of Incorporation or the bv-laws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated herein, shall be deemed equivalent to the giving of such notice. ARTICLE TWELVE AMENDMENT OF BY-LAWS These by-laws may be altered, amended, or repealed, and new by-laws may be adopted by a majority of the Board of Directors at any regular meeting or at any special meeting. K:\doc\corp\bylaws - vip club Page —10— Trisha Caldwell-Haddaji K:\doc\corp\bylaws - vip club Page —11— MINUTES OF THE BOARD OF DIRECTORS' OF VIP CLUB The Special Meeting of the Board of Directors of VIP Club, a non-profit corporation organized under the laws of the State of Arkansas, was held at the office of the corporation, in Fayetteville, Arkansas on the October 4, 2017, at 9:00 a.m. Sami Haddaji as Chairman and Trisha Caldwell-Haddaji acted as Secretary and recorded the minutes of the meeting. After brief discussion, the Board decided unanimously to hire Sami Haddaji as the manager of the corporation's establishment. The Board expressed that it will periodically reevaluate the course of institution of the new goals and advise Mr. Haddaji of the necessary adjustments in business operations of the corporation. The board unanimously voted to also appoint Sami Haddaji as the managing agent and specifically directs that he make application to the Alcohol and Beverage Control Division of the State of Arkansas for a Private Club Pennit. Furthermore, to effectuate the change in management, it was: RESOLVED, that Sarni Haddaji is elected and appointed as the managing agent for the corporation and the officers are directed to compile all appropriate documents as manager of the establishment to be filed with the State of Arkansas on a timely basis. The Board hereby authorizes and appoints Sami Haddaji as manager and grants him the authority to apply for a Private Club Permit in his name as managing agent of the club. Additionally, the Board directs that Sami Haddaji make application to the Alcohol Beverage Control Division of the State of Arkansas for a Private Club Permit. In furtherance of the new image that the corporation wishes to generate, the .Board authorizes and directs Sami Haddaji to renovate and modify by all means necessary the current premises which the corporation operates. The Board requested Sami Haddaji to keep them informed of all internal and external modifications. The Board also directed Sami Haddaji to restructure the organization K:ldocicorp\specialminutes - vip club Page —1— and personnel of the current establishment. In doing so, the Board went on to direct Sami Haddaji to diligently oversee all day to day operations to assure that the business of the corporation is conducted pursuant to all relevant laws and codes of operation and conduct as promulgated by the State of Arkansas. There being no further business to come before the Board, upon motion duly made, seconded, unanimously carried, the meeting was adjourned. Trisha Caldwell-Haddaji K:\doc\corp\specialminutes - vip club Page —2— LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into as of October 24, 2017 between HMT of Fayetteville, LLC, an Arkansas limited liability company ("Lessor"), VIP Club, an Arkansas nonprofit company ("Lessee"}, and FladalajiAmir, LLG an Arkansas limited liability company, and Sarni Haddaji and Trisha Caldwell, indiWduids and residents of the State of Arkansas (coltectively, `fivarentors"), W -I -T -N -E -S -S -E -T -II: That each of the aforesaid parties acknowledges receipt ofa valuable consideration front the other and they and each of them act herein in further consideration of the covenants of the other as herein stated. Lessor, Lessee and Guarantors agree as follows: ARTICLE I PREMISES 1.1 Lessor sloes hereby grant, demise and Iease unto Lessee approximately 2,092 rentable square feet in the Laundry Building located at 326 North West Avenue, Suite 6, Fayeneville, Arkansas ("Building"), all as more particularly identified on Exhibit `A" attached hereto (the "Premises'7. Lessee,1& agents, employees, invitees and visitors shall atso be ontitled to the non-exclusive use of common area hallways and bathrooms ("Bathrooms"} with other tenants located in the Building. The rentable area in the Premises is hereby stipulated to be the aggregate amount of square feet hereinabove stated, whether the same should be more or less as a result of minor variations resulting from actual construction and completion of the Premises fnr occupancy. USE OF PREMISES 1.2 The Premises are to be used nod occupied continuously throughout the term hereof solely for the lawful business of a bar (beer, wine, liquor and spirits), and a coffee and pastry shop, but for no other purpose except upon the prior written consent of l.,essor. under no circumstances shall Lessee allow the Premises or any part thereof to be used as an adult cabaret, an escort business, a "gen demen's.club", a striptease or erotic dance club, for wet T- shirt, bikini, "short -short" or similar contests, for wet boxer -short, "best bans" or similar contests, for "mud wrestling" or similar contests, or for prostitution, solicitation, pimping or pandering, or for any other lewd, lascivious, indecent, immoral, profane, or sexually -oriented conduct or entertainment deemed objectionable by the Lessor, in its sole diverction. Farther, Lessee- shall not promote, facilitate, advertise, aid or fall to prevent such activities from the Premises. Lessee shall not do any act or thing to cause a disturbance or interfere with other lessees, or affect their occupancy as such, or affect clue Lessor in its operniion and maintenance of the Premises. Lessee acknowledges and agrees that as it pertains to die activities not permitted on or about the Premises as set forth in this Section 1.2, the interests of Lessor and Lessor's other tenants in the Building take precedence over any individual rights of Lessee, and if the Lessor shall at any time deem the tenancy of the Lessee undesirable by reason of objectionabie or improper conduct prohibited by this provision on the part of the Leasco, the occupants of the Premises hereby leased, or visitors thereto, or by reason of conduct or actions of the persons aforesaid, or any of thein causing annoyance to Lessor or the other lessees in tate Building, then, notwithstanding anything herein to the contrary, the Lessor shall have the right to terminate this lease by giving the Lessee a three (3) days' written notice to quit and vacate the same; and the term of this Lease shall terminate upon the expiration of the time therein inentiontxI, and the Lessor shall thereupon be entitled to the immediate possemion of said ]eased premises and may take possession thereof without legal process, or may avail itself of any remedy provided by law for the restitution of posse-csion and without any further and other notice to quit upon Lessee. Notwithstanding anything herein to the contrary, the I'remimt may not be used for conducting karaoke and karaoke-like events, including, but not Iimiled to sing-a•loll gs and vocal competitions, or as a restaurant serving primarily Asian cuisine, including, but not Lease Agreement HMT—Laundry Building Page I of 15 limited to Chinese, Japanese, Korean, Thai and/or Vietnamese cuisine PERM AND OPTION TO RENEW 1.3 The Premises are hereby demised unto L.esscc for a live (5) year term commencing at 12:01 am. on October 24, 2017 ("Commencement Bate") and expiring without further notice at 11-59 p.m, on September 30, 2022, unless earlier terminated as herain.pmvided (the "Initial Term"). Lessee shall have the option to renew this Lease for one (1) additional term of five (5) years commencing at 12:01 a. m. on October 1, 2022 and expiring without fitrthgr notice at 11:59 p.m. on September 30, 2027 (the "Renewal Term'). Lessee shall notify Lessor of its intent to exercise this option at least sixty (60) days prior to the expiration of the initial Term. The Initial Term at id any Renewal Terrn are collectively referred to herein as the "Term". RENTAL 1.4 (a) As rental for the Premises during the Initial Terni, Lessee shall pay Lessor rent in monthly installments of Two Thousand Six hundred Fifteen and 00/100 Dollars ($2,615.00), !tent shall be payable in advance on the firs! (11 day of every month without notice, demand, offset or deduction, commencing on the first to occur of (i) November 1, 2017 or (ii) the date on which Lessee opens Site Premises for business or otherwise commences its operations therein, if rent has not been paid by the first (1st) day of the month is which it is due, 10% of the monthly payment will be assessed as a late charge, if Lcssec pays late more than two times during the Term hereof, 56% of the monthly payment shall be assessed as a late charge on all subsequently late payments, The foregoing late charges are not a penalty, but represent the parties' good faith agreement as to an agreed upon amount which shall hnve beam incurred by Lessor for the financial risk and tune associated with Lessee's delinquency or default. if the first (1st) day of the month is not a "business day"—meaning a clay during which commercial banks are open for business in Fayetteville, Arkansm, then the monthly payment shall be extended to the next succeeding business day. No grace period shall apply. Time is of the essence. (b) Commencing October 1, 2022 (i.e., the first year of the Renewal Term, if any), the amount of each monthly installment of rent shatI he equal to 105% of the rent paid or due to be paid daring the last month of the Initial Term of this Lease (i.e., September 2022). Thereafter, on each subseclucrit October 1 of the Renewal Tema, monthly rent shall increase by 2.0%. (c) Whenever, by the terms of the Lease, Lessee is required to makepayments or furnish items, all such additional items. required to be paid by Lcsseeare to be considered as additional rent and Lessor is to have the same rights and remedies upon the nonpayment of such as Lessor has for the nonpayment of the rent provided in this Section 1.4. SECURITY 1.5 On or prior to the date hereof, Lessee shall deliver Two Thousand Six hundred Fifteen and 00/100 Dollars ($2,615.00) to Lessor as security for the performance of Lessee's covenants herein contained, Upon default by Lessee in making any payment or performing any obligation herein provided, Lessor shall have the right but not the obligation to apply said deposit toward payment of any arrearages of rent or other payments required of Lessee hereunder, or toward payment of any other damages, injury, cost or expense incurred by Lessor and caused by Lessee. 1 f all or any part of the deposit shall be so applied by Lessor, then within ten (10) days after Lessor shall make demand upon Lessee for a replacement deposit equal in amount to the deposit so applied, which shall be delivered to Lessor by Lessee. If Lessee is not in default hereunder, any remaining balance of such deposit shall he returned by Lessor to Lessee without interest within thirty (30) days after termination of this Lease. TAXES, SPECIAL ASSESSMENTS, LICENSES, ETC. 1.6 Lessee shall pay to the property owner prior to delinquency at any time during the term Lease Agreement lINIT--Laundry Building Page 2 of 15 of the Lease that they may be imposed, levied or assessed: all ad valorem real and personal property taxes and special assessments against the premises or any personal property (here -on resulting from any improvement or alterations to the above-described use of the Premises by Lessee which are in excess of the amount of such prior to the beginning of the Lease term. Lessor shall promptly deliver to the 14%si e a statement for Lessee's portion of the aforementioned taxes or assessments upon receipt fiorn the appropriate taxing authority. Lessee shall only be responsible for the taxes accrue during the Lessee's [,ease, Lessee shall also pay to proper taxing authority, prior to delinquency, any and all license fees, franchise fees or any other taxes dint may accrue during the term of the lease. Promptly after demand therefore, Lessee shall ]bmish to Lessor satisfactory proof of payment of any orals items suited herein which are payable by Lessee. ARTICLE II FINISH WORK 2.1 In no event shall Lessor be obligated to complete or otherwise.provide any finish work for the Premises UTILITIES 22 Lessee shall be solely responsible for and promptly pay all of the following utilities, including all charges for electricity, water, gas, telephone, intemet, cable television, alarm and fire protection service and trash, or any Other utility or service provided to or used or consumed in the Premises. In no event shall Lessor be liable of interruption or Failure in the supply of any such utilities of or to the Premises unless caused or contributed by Lessor. Failure of Lessee to make necessary arrangements for Lessee's utility service will resell in an interruption of those utility services. Lessee shall not allow the utility used as a beating source (whether gas or electric) to be disconnected by any means (including non-payment of bili) until the end of the lease terra. MAIN'i'FNANCE 2.3 Lessor shall clean the common area Bathrooms in accordance with historical practices, Lessee shall be responsible for all cleaning orthe interior of the Premises. Lessee shall pay For all exterminating services, and for all window cleaning and replacement. Lessee shall refer all contractors, contractor's representatives and installation technicians, rendering any service 19 Lessee; to Ltsssor far Lessor's supervision, approval and control before performance of any con trActuaI service at 11me Premim, such approval to not be unreasonably withheld, delayed or conditioned. This provision shall apply to all work performed a; die Premises of any nature affecting any physical portion of the Premises or the Building. Lessor shall he, responsible for making all repairs, maintenance, or replacement. of or to ]he HVAC system, plumbing (excluding hot water heaters and excluding any repairs, maintenance or replacements caused by Lessee or its agents, employees, customers, invitees, or visitors) and electrical systems, the underground utility installations and underground electrical conduit and wires of the Building (but not with respect to Lessee's electrical needs within the Premises). Lessor shall also be responsible for the maintenance, replacement, and repair to the roof, outer wally and structurnI portion of the Building which shall be necessary to maintain the Building in a safe and leasrable condition and in good order and repair and mai Mena ncc, Lessee (along with other tenants in the Building) shall monitor the Bathrooms on a regular basis and immediately report damage or graffiti, shall use best efforts to determine the responsible party, and shall contact the Fayetteville .Police Department if necessary to report vandalism or criminal activity. Notwithstanding anything herein to the contrary, Lessee shall, at its sole costs and expense, repair and replace any damage or injury done to the Promises, the Bathroom, theBuilding, or any part thereof, caused by Lessee or its agents, employees. custorners, invitees, or visitors. Should Lcssce fail to make such repairs or replacements within seven (7) days of receipt of written demand of Lessor, Lessor may, at its option; make such repairs And replacements and Lessee shall pay the cost thereof to Lessor upon demand, or Lessor may use Lessee's security deposit to cover such costs. Bathrooms, iorlets, urinals, wash bowls and other apparatus shall not be used for any purpose other than for which they were constructed; no foreign. substance of any kind whatsoever Lease Agreement HMT—Laundry Building Page 3 of 15 shall be thrown therein, and Lessee shall bear the expense to repair any damage caused by Lessee, its agent, employee or invitees. QUIET POSSESSION 2.4 Lessee shall keep and perform all of its coveitants under this Lease on the part of Lessee to be performed, and Lessor shall use its hest efforts to provide quiet, peacelld and uninterrupted_ possession of the Premises; provided, however, Lessee acknowletiges and agrees that the Premises is located in Fayetteville's entertainment district, in a multi -tenant complex, where tenants and others may generate music and/or noise, at various hours throughout the day or night. ARTICLE III CONDITION 3.1 Lessee will maintain the Premises in a clean and healthful condition; and comply with all applicable laws, ordinances, orders, rules, and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, conditions, or occupancy of the Premises. During the Term of this Lease, Lessee agrees to conduct its operations within the Premises in compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seg.) as well as the regulations and accessibility guidelines promulgated thurcunder as each is supplemented or amended from time to time (collectively, "ADN'). In the event that Lessee elects to undertake any alterations to, for or within the Premises, then Lessee coveruutts and agrees that all such, alterations shall be performed and completed in compliance with ADA. INDEMNITY AND INSURANCE; WAIVERS; SUBROGATION; INDEMNITY 3.2 Lessee is familiar with the Premises, accepts the Premises in the condition in which they are now and agrees that Lessor shall not be liable to Lessee or Lessee's agents, employees, invitees of visitors for any injuries, death or damage to persons or property due to any condition, design, defect or accessibility issues in the Building or its mechanical systems or elsewhere in the Premises or the Building which may now exist of hereafter occur. Lessee accepts the Premises as suitable for the purposes for which the same are leased and assumes all risks of injury, death or damage to persons or property for which Lessee may become legally liable, and agrees that no representations, except such as are contained herein or endorsed hereon have been made to Lessee respecting the condition of the Premises. (a) Ltsurance. Lessee shall at its expense procure and maintain throughout the Term commercial general liability insurance in amounts of not less titan a combined single limit of $1,000,000.00, insuring Lessee, Lessor, and Lessor's agents against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises. Lessee shall famish certificates of such insurance and such other evidence satisfactory to Lessor of the maintenance of all insurance coverages required hereunder, and Lessee shall obtain a written obligation on the part of each insurance company to notify Lessor at least 30 days before cancellation or (if available) a material change of any such insurance. All such insurance policies shall be in form, and issued by companies, reasonably satisfrictory to Lessor. (b) Incletrinifieation. Lessee shall defend, indemnify, and ]told harmless Lessor and Lessor's agents and their respective members, officers, emplayces,.and partners From and against all claims, demands, liabilities, causes of action, suits, judgments, and expenses (including attorney's fees) (i) for any bodily injury and property damage claims arising from the negligence or willful misconduct of Lessee or its employees, agents, contractors or invitees, or (ii) for claims arising from noncompliance with ADA. Lease Agreement HMT—Laundry Building Page 4 of 15 WAs'rE 3.3 Lessee shall not commit or permit any waste to be committed whatsoever. NUISANCES 3A Lessee shall not create or allow any nuisance to exist in the Premises, and shall abate promptly and free of expense to Lessor any nuisance that may arise in the Premises. Lessee shall keep all adjacent sidewalks, alleys and cotttrnon areas free of debris, cigarette butts, trash, vomit, blood, urine or ocher offensive materials. lessee shall be responsible forthe tnisconduc! and transgressions of its agents, employees, customers, invitees and visitors, .and shall be liable for damages and repairs to the Premises, including all equipment, plumbing, sinks, commodes, stalls, and Fxtmes in the common area Bathrooms. Only toilet paper shall to be placed in the toilets axed no paper towels or feminine products may be flushed. Lessec shall pay all expenses for maintenance to clear a clog in the bathroom. Lcsssee shall respect all of its neighbors in the Building, and their quiet enjoyment of the property. Lessee shall not commit, permit, or suffer any objectionable or disorderly conduct, noise or other nuisance whWoever about the Premises or in adjacent areas, or commit, permit, o.fsufFcr anything to be done by any customer or guest that disturbs or interferes with the rights, comforts or conveniences of other tenants in the Building. Lessor's determination of what constitutes a nuisance shall be binding on Lessee. INVALIDATION OF INSURANCE 3.5 Lessee shall not suffer anything to be or remain upon or about the Premises which will invalidate any policy of insurance which Lessor may now or hereafter have upon the BurldLig. I NCkKASED PREMIUMS 3.6 Lessee shall not suffer anything to be or remain upon or about the Premises nor carry on nor permit upon the Premises any trade or occupation or suffer to be done anything which may render an increased or extra premium payable for any insurance of the Premises or the Building against fire, casualty, liability or any other insurable causes, unless consented to in writing by Lessor. Regardless of whether Lessor has so consented or not, Lessee shall pay any such increased or extra premium within ten clays after Lessee shall have been advised by Lessor of the amount thereof. ALTERATIONS 3.7 Lessee shall have the right to make non-structural improvements to the Premises, as Lessee may deem nccessary or desirable at its sole expense, provided that all such improvements shall be made in tompliattce with ADA. Notwithstanding the foregoing, upon the termination of Elie Lease, all decorations, floor covering, fixtures, additions, partitions, hardware, light fixtures, neon -trade fixtures and improvements, temporary or permanent, movable furniture and equipment belonging to Lessee, in or upon the Premises, placed thereon by Lcsscc or paid by Lessee, sha I! be Lessee's property; except to the extent the removal thereof will result in material damage to the structure of the Premises. All plans, drawings and specifications for structural changes in the Premises shall specifically state that the changes comply with ADA, and shall require the written consent of Los". which consent shall not be unreasonably withbeld, delayed or conditioned, prior to the commencement of any such changes. All structural changes to the Premises shall be performed at Lessee's sole expense. Lessor may impose additional reasonable conditions in order to grant its consent to a structural change, including (a) the requirement that Lessee post an additional security deposit. and (b) that Lessee shall, upon termination of the Lease, complete such alterations and repairs as may be necess" to return the Premises to its original layout and condition, as of the elate of this Lease. USE OF BUILDING NAME 3.8 Lessee shall not, except to designate Lessee's business address (and then only in w conventional manner and without emphasis or .display) use the "Laundry Building" name or any simulation or abbreviation of such name for any purpose whatsoever without the Lessor's prior written consent. Lessor shall have the right to change the name of the Lcase Agreement IiTAT—Laundry Building Page 5 of 15 Building at any time after six (6) months' notice to all lessees. lessee will discontinue using any such name and any simulation or abbreviation thereof for the purpose of designating Lessee's business address before the date Lessor shall specify in its notice to Lessee after which the Building shall no longer be known by such name. SIGNS 3.9 Lessee shall not paint, display, inocribe, maintain or aux any sign„ picture, advcrtiscrncnt, notice, lettering or direction On any area outside the Premises except as may be approved by Lessor and the City of Fayetteville, if required by applicable law, code or ordinance. Upon expiration or earlier termination of this Lease, at its sole expense, Lessee shall .remove all signage and repair any damage to the Building fascia resulting from the installation or removal of Lessee's sign. DEFACING PREMISES AND OVERLOADING 3.10 Lessee shall not place anything or allow anything to be placed new the glass of any door, partition, wall or window which may be unsightly from outside the Premises, and Lessee shall not place or permit to be placed any article of any kind on any window ledge or on the exterior walls. Blinds, shades, awnings or other forms of inside or outside window coverings, or window ventilators or similar devices, shall not be placed in or about the outside windows in the Premises except to the extent that the character, shape, color, material and make thereof is approved by Lessor (such approval to not be unreasonably withheld, delayed or conditioned); and ..Lessee shall not do any painting or decorating in the Premises or make, paint, cut or drill into, or in any way deface any part of the Premises or the Building without the written consent of lessor, which consent shall not be unreasonably withheld, delayed or conditioned REPAM 3.11 Lessee (along with other tenants in the Building) shall monitor the Bathrooms on a regular basis and immediately report damage or graffiti, shall use best efforts to determine the responsible party, and shall contact the Fayetteville Police Department if appropriate. Notwithstanding anything herein to the contrary, Lessee shall, at its sole costs and expense, repair and replace any damage or injury done to the Premises, the Bathroom, the Building, or any part thereof, caused by Lessee or its agents, employees, customers, invitees, or visitors. Should Lessee fail to make such repairs or replacements within seven (7) days of receipt of written demand of Lessor, Lessor may, at its option, make such repairs and replacements and Lessee shall pay the cost thereof to Lessor upon demand, or Lessor may use Lessee's security deposit to cover such costs. ASSIGNMENT OR SUBLE'T'TING 3.12 Lessee shall not assign or sublet the Premises, this Lease or any part thereof without the prior written consent of Lessor, which consent will not be unreasonably withheld, delayed or conditioned; ged however notwithstanding any assignment or subletting, Lessor may require Lessee or any guarantor of Lessee's obligations under this Lease, as a condition to such assignment, to remain fully or partially responsible for the payment of the rent herein specified and for compliance with all of Lessee's other obligations under this Lease_ ATTORNEY FEES 3.13 Lessee shall pay all costs of collection, including reasonable attorney fees, if all or any part of the rent reserved herein is collected after maturity with the aid of any attorney; and Lessee shall also pay reasonable attorney fees in the event it becomes necessary for Lessor to employ an attorney to force Lessee to comply with any of the covenants, obligations or conditions imposed by this Lease. RULES OF BUILDING 3.14 Lessee and Lessee's agents, employees and invitees will comply fully with all requirements of Rules of the Building which are attached hereto and, which are a part of this Lease as though fully set out herein. Lessor shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner, not inconsistent with the Lease Agreement HMT --Laundry Building Page 6 of 15 terms of this Lease, as may be deemed advisable for .safety, care and cleanliness of the Building and for preservation of good order therein. Provided, however, Lessor shall notify Lessee of any change in such rules at least ten (10) days before such rules are to go into effect. All rule and regulation changes and amendments will be forwarded to Lessee in writing and shall be carried out and observed by Lessee after the effective date. ENTRY FOR REPAIRS INSPECTING, ETC.. 3.15 Lessor, its officers, agents, partners and representatives, and any mortgagee, secured party or other creditor to whom or for whose benefit alien against the interest of Lessor in the Building has been .granted as security .for the payment of any indebtedness of Lessor, shall each have the right to enter into and upon the Premises at all reasonable times, or in the case of emergency at any time, to inspect the same or make such repairs or alterations as they may deem necessary or desirable. Lessee shall also permit Lessor at all reasonable times or, in case of emergency, at any time to inspect, erect, use and maintain pipes, ducts, conduits and similar devices in, above and through the Premises, and to make any necessary repairs or alterations. Lessor shall be allowed to take all material into and upon the Premises that may be required therefore without the same constituting au eviction of Lessee in whole or in part and the rent reserved shall in no wise abate while said repairs and maintenance are being made, by reason or Ims or interruption of the business of Lessee, or otherwise. Anything to the contrary Contained in this Section 3.15 notwithstanding, except in the case of any emergency, any such entrance, repairs or alterations which are made by Lessor, unless and except they are made at the request of Lessee, shall not be made at times when they would interrupt the normal business operations of Lessee, except with prior written approval of Lessee. SURRENDER OF 3.16 Upon any termination of this Lease, by default, expiration, lapse of time or otherwise: PREMISES (a) Lessee shall immediately vacate and surrender the Premises to Lessor in good order, condition and repair, reasonable wear and tear excepted; (b) Lessee shall surrender all door keys for the Premises to Lessor; and (c) Lessee grants to Lessor full authority and right to enter upon the Premises and take possession thereof. LIENS 3.17 Lessee shall keep the Premises free from all liens which might arise from a third party's transaction with Lessee, and the provision of services and the sale of goods and materials. If such lien does arise, then Lessee shall cause such lien to be removed, extinguished or satisfied within a reasonable time at the sole expense of Lessee. SMOKING 3.18 Due to the increased risk of fire and the known adverse health effects of secondhand smoke, smoking is prohibited in the Bathrooms, hallways and common areas of the Building. Cigarette and cigar smoking may be ptxmitted in the Premises, but only in compliance with (a) the laws of the State of Arkansas, including, but not limited to, the Arkansas Clean Indoor Air Act of 2006 and the Arkansas Protection from Secondhand Smoke for Children Act of 2006, as each shall be amended froth time to time; and (b) all City of Fayetteville, Arkansas ordinances governing smoking and secondhand stroke, as amended from time to time. This policy applies to Lessee, all customers, guests, employees and servicepersons. Notwithstanding the foregoing, smoking may not be allowed in the Premises if it endangers the health or wellbeing of any third person or otherwise affects the quiet enjoyment by other tenants in the Building. In some situations, Lessor may require Lessee, at Lessee's sole expense, to install and maintain appropriate and functioning air purification systems, including "smoke eaters," exhaust farts, ventilation and filtration equipment. Air exhausted from the Premises should be discharged directly to the outdoors, and should not be permittee) to be recirculated back into the Building. Lease Agreement HNIT—Laundry Building Page 7 of 15 BROKER 3.19 Lessee represents that it was not shown the Premises by any real estate broker or agent and that Lessee has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. ARTICLE IV RIGHTS RESERVED TO LESSOR 4.1 Lessor shall have the following rights exercisable without notice or demand and without liability to Lessee for damage or injury to property, pm%,Ms or business {all claims for damage therefore being hereby released by L.ewee), and without effecting an eviction or disturbance of Lessee's use or possession of the Premises or giving rise to any claim for setoffs or abatement of rent: (a) To name the Building and change the name or street address of the Building as set out in Section 3.8 above; (b) To install and maintain signs on the exterior and interior of the Building; subject to Lessee's signage .rights regarding the Premises as set forth in Section 3.9 of this Lease; (c) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises, and Lessee shall not replace any locks without the prior written consent of Lessor; (d) To decorate, remodel, repair, alter or otherwise prepare the Premises for re - occupancy during the last six months of the term hereof, provided that Lessee shall have then vacated the Premises, or at any time after Lessee abandons the Premises; (e) To enter the Premises at reasonable hours to make inspections, or to exhibit the Premises to prospective Lessees, purchasers or others, or for other reasonable purposes; (f) To take all such reasonable measures as Lessor may deem advisable for the security of the Building and its occupants, including without limitation, the search of all persons entering or leaving the Building, the evacuation of the Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the Building; (g) To approve the ,weight, size and location of safes, computers and oilier heavy articles in and about the Premises and the Building and to require all such items and other office furniture and equipment to be moved in and out of the Building and the Premises only at such tithes and in such manner as Lessor shall direct and in all events at Lessee's sole risk and responsibility; (h) To decorate and to make at any time or times, at its own expense, repairs, alterations, additions and improvements, structural or otherwise, in and to the Premises, the Building or part thereof as Lessor may deem necessary or desirable and to perform any acts related to the safety, protection or preservation thereof, and [luring such operations to lake into and through the Premises or any part of the Building all material and equipment required; and to close or temporarily suspend operation of entrances, doors, corridors, elevators or other facilities, provided that Lessor shall cause only such inconvenience or annoyance to Lessee as is reasonably necessary in the circumstances; (i) To do or permit to be done any work in or about the Premises or the Building or Lease Agreement HMT—Laundry Building Page 8 of 15 any adjacent or nearby building, land, street or alley; (j) To grant to anyonc the exclusive right to conduct any business or render any service in the Building; provided, however, that such grant shall not have any effect on Lessee's ability to operate the Premises as a bar or to conduct any other business on the Premises approved by lessor, pursuant to this Lease; (k) To designate and approve, prior to installation, all types of window shades, Kinds, drapes, awnings, window ventilators and other similar equipment, and to approve all intemaI lighting that may be visible from the exterior of the Building; (1) To have and retain a paramount title to the Premises free and clear of any act of Lessee; and (m) To sell, assign or transfer all of Lessor's interest in the Lease. DEFAULT 4.2 The following event shall be deemed to be events of default by Lessee under the Lease: (a) Lessee shall fail to pay any installment of rent hereby reserved and such failure shall continue fora period of five (5) days; (b) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of rent, and shall not cure such failure within five (5) days itf}cr written notice thereof to Lessee; (c) Lessee or any guarantor of Lessee's obligations shall make an assignment for the benefit of creditors; (d) Lessee or any guarantor of Lessee's obligations shall file a petition under any section or chapter of the 14ational Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee or any guarantor of Lessee's obligations shall be adjudged bankrupt or insolvent in proceedings .bled against Lessee or any guarantor of Lessee's obligations thereunder and such adjudication shall not be vacated or set aside or stayed within the time permitted by law; (e) A receiver or trustee shall be appointed for all or substantially all of the assets of L&ssce or any guarantor of Lessee's obligations and such receivership shall not be terminated or stayed within the time permitted by law; or (f) Lessee shall desert, vacate or abandon any substantial portion of the Premises for more than fourteen (14) days. Upon the occurrence of any o£such events of default, Lessor shall have the option to pursue any one or more of die following, remedies without any notice or demand whatsoever: (1) Terminate this Lease, in which event Lessee shall immediately surrender the Premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have, enter upon and lake possession of the Premises and expel or remove Lesscc and any other person who may be occupying the Premises or any part thereof, by force if necessary, without being liable for prosecution or any loss and damage which Lessee may suffer by reason of such termination, whether through failure to rel et the Premise&on satisfactory terms at- otherwise. Lease Agreement HMT—Laundry Building Page 9 of 15 (z) Without terminating this lease, enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises or any part thereof, make such alterations and repaint as may be necessary in order to relet the Premises, and relet the Premises or any part thereof fbr such term and at such rental and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Upon each such reletting, the rentals received by Lessor shall be applied: lust, to the payment of any indebtedness other than rent hereunder due from Lessee to Lessor; second, to the payment of any costs and expenses of such reletting including reasonable brokerage fees and reasonable attorney's fees and costs of such alterations and repairs; third, to the payment of any rent due and unpaid hereunder, and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such relating during any month shall be less than the rent to he paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor upon demand. No such re entry or taking of possession by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention shall be given to Lessee; and any attempt by Lessor to mitigate its claim for damages against Lessec by reletting the Premises shall not be construed as a waiver of its right to damages under this section. (3) To enter upon the Premises, by force if necessary, without being liable for prosecution or any claim for damages therefore, and do whatever Lessee is obligated to do under the terms of this lease; and Lessee agrees to reimburse Lessor on demand for any expenses Lessor may incur in this affecting compliance with Lessee's obligations under this Lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from such action, whethcr caused by the negligence of Lessor or otherwise. (4) Upon any event of default by Lessee all unpaid rent payments due under the terms of the lease shall be due and payable immediately upon demand by Lessor. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedies herein provided, or any other remWies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent dile to Lessor hereunder or of any damages accruing to Lessor by reason of the violation of any of the terms, provisions and covenants herein contained. No waiver by Lessor of any violation or breach of any of the terms, provisions and covenants contained in this Leasc shall be deemed or construed to constitute a waiver of any other or succeeding violation or breach of any of the terms, provisions, and covenants herein contained. Forbearance by Lessor to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. ESTOPPEL CERTIFICATE BY LESSEE 4.3 From time to time, upon not less than ten (10) days prior request by Lessor, Lessee shall execute and deliver to Lessor and to any other person designated by Lessor a written estoppel certificate stating to the extent true and accurate as believed in good faith by Lessee, among any other thing reasonably requested by Lessor, that: (a) the Lease has commenced and Lessee is paying rent on a current basis in accordance with the terms of the. Lease, subject to no offsets or claims and that all obligations of Lessor which are conditions precedent to Lessee's occupying the Premises have been fulfilled, (b) Lessor is not in default under. the Lease and no condition exists which with the passage of time will become a default, and (c) no modification or amendment will be made in the Lease without the prior written consent of any mortgagee, secured party or other creditor to whom or for whose Lease Agreement HMT—Laundry Building gage 10 of 15 benefit as lien against the interest of Lessor in the Building has been granted as security for the payment of any indebtedness of Lessor. SUBORDINATION OF LEASEE, ATTORNMENT NON -DISTURBANCE 4.4 This Lease and all rights of Lessee hereunder are subject and subordinate to any deeds of trust, mortgages, security agreements, lease assignments or other instruments of security, that now or hereafter cover all or any part of the Building, the land situated beneath the Building or any interest of Lessor therein, and to any and all advances made on the security thereof, and to any and all increases, renewals, modifications, consolidations, replacements and extensions of any of the foregoing, This provision is hereby declared by Lessor and Lessee to be self operative and no further instrument shall be required to effect such subordination of this Lease. Lessee shall, however, upon demand at any time or times execute, acknowledge and deliver to Lessor any and all instruments and certificates that in the judgment of Lessor may be necessary or proper to confirm or evidence such subordination. Notwithstaading the generality of the foregoing provisions of this Section 4.4, Lessee agrees that any such mortgagee, secured party or assignee shall have the right at any time to subordinate any such deeds of trust, mortgages, security agreements, lease assignments or other instruments of security to this Lease on such terms and subject to such conditions as they may deem appropriate in their discretion. Provided, however, so long as Lessee is not in default in the payment of rent or in the performance of any of the terms of the Lease, Lessee's possession of the Premises and Lessee's rights and privileges under the lease or any renewal thereof shall not be diminished or interfered with by any aforesaid mortgagee, secured party or assignee. Lessee hereby irrevocably appoints Lessor as attorney in Fact for Lessee with full power and authority to execute and deliver in the name of Lessee any Such instruments, lessee agrees to pay all rent due hereunder directly to any aforesaid mortgagee, secured party or assignee, or as Lessee may be directed by the same, upon the receipt of notice from the same that Lessor is in default under their particular security instrument. Lessee agrees in the event it is requested by such mortgagee, secured party or assignee, Or any proceedings are brought for die foreclosure or enforcement of any such security instrument, to attorn to the holder of the same and to recognize them as Lessor under this Lease. Lessee agrees to execute and deliver at any time and from time to time upon the request of Lessor any instrument which may be necessary or appropriate in any such event to evidence such attornment. Lessee hereby irrevocably appoints Lessor and the holder of such security instrument, or any of them, the attoraeY in fact for Lessee with full power and authority to execute and deliver in the name of Lessee any such instrument. Lessee further waives the provisions of any statute or law now or hereafter in effect which may give or support to give Lessee any right to terminate or otherwise adversely af..fect this Lease in the event any such foreclosure proceeding is brought. RENEWAL O.R. 4.5 No renewal or amendment of this Lease shall be binding on either parry unless it is in AMENDMENT writing and signed by Lessor and Lessee. HOLDING OVER 4,6 Should lessee or any of its successors in interest hold over the Premises or any part thereof after the expiration of the term of this Lease, such holding over shall constitute and be construed as a tenancy from month to month only. Lessee will pay as liquidated damages on the first day of each month during the holdover period an amount equal to two hundred fifty percent (250%) of the rent paid or due to be paid during the last month of the term of this lease. No receipt of money by Lessor Brom lessee after termination of this Lease shall reinstate or extend this lease or affect any prior notice given by Lessor to Lessee. Any extension of this Lease shall be in writing signed by Lessorand Lessee. WAIVER OF LIABILITY 43 As part of the consideration for this lease, Lessee hereby releases lessor from all Lease Agreement HMT—laundry Bmiding Page I I of] 5 liability for damage to any property of Lessee located in or upon the Building which results from the negligence of Lessor to the extent any such loss or damage is covered by insurance maintained by Lessee. Also, as pari of the consideration for this Lease, Lessor hereby releases Lessee from al] liability for damago to any property of Lessor located in or upon the Building which results from the negligence of Lessee to time extent any such loss or damage is covered by insurance maintained by Lessor. Lessee and Lessor further covenant that any insurance maintained by either party shall contain an appropriate provision whereby the insurance company or companies consent to the foregoing mutual release of liability and so waive insurance subrogation rights to the extent of the agreement contained in this Section 4.7; provided that Lessor's release shall only be operative upon proof of insurance coverage and approval of said insurance by Lessor and its insurer. COVENANTS TO RUN TO HEIRS, ETC, 4.8 All covenants, conditions, agreements, and undertakings in this Lease shall extend and inure to the benefit of Lessor and its successors and assigns, and to the heirs, executors, administrators, successors and assigns of Lessee the same as if they were in every case named and expressed; and except as herein otherwise provided, all said covenants, conditions and agreements shall be binding upon the successors and assigns, hews, executors, and administrators of the respectiveparties, DAMAGE BY FIRE OR OTHER CASUALTY 4.9 If a material portion of (lie building which affects Lessee's occupancy is rendered reasonably unusable by Lessee in furtherance of its ordinary course of business by fire or Other casualty, Lessee may elect to terminate this Lease as of the date of the fire or casualty by notice to Lessor within five (5) days after the date of the event. If Lessce does not tenninate this Lease within such period, Lessor may elect (a) to terminate this Lease as of the date of the fire or casualty by notice to Lessee within tan (14) days after the date of the event, or (b) io repair, restore or rehabilitate the Building or the Premises at Lcssor's expense, in which event this Lease shall not terminate but ren; shall be abated for the period of time that Lessee is unable to conduct its ordinary course of business thcrentt and shall be pro -rated in the: event that only a portion of the Premises are unusable in Lexsee's ordinary course of business and abated on a per diem basis for that portion of the Premises that is unleaseablc. If such damage is due to an act or omission of Lessee, then Lessor shall have such rights as are set forth herein at Lessee's cost and expense. If Lessor elects so to repair, restore, or rehabilitate the Building or the Premises, said work shall be undertaken and prosecuted with all due diligence and speed. In the event of termination of the Lease pursuant to this Section 49, rent shall be apportioned on a per diem basis and paid to the date of the fire or casualty. CONDEMNATION 4.10 if the Premises or the Building, or any part thereof, or any interest therein, be taken by virtue of eminent domain or for any public or quasi -pubic use or purpose, Lessor shall have the right to terminate this Lease at the date of such taking or within six months thereafter by giving Lessee thirty (30) days' prior notice of the date of such termination. Any interest which Lessee may have or claim to have in any award resulting from any condemnation proceedings shall be iimited solely to t]se unatnoriized value of any permanent isnprovemeots to the structure of the Building paid for directly by Lessee and any claim for furniture or equipment of any nature whatsoever shall be excluded. All other rortdemnation awards, including but not linmited to any award made on the basis of the leasehold estate created by this Lease, shall be the sole and separate property of Lessor. NO'T'ICES 4.11 Any notice or other communication required or permitted to be delivered under the Lease shall be in writing and shall be delivered by (i) personal delivery (or hand delivery to the Premises), (ii) email, or (iii) overnight delivery via a national courier service, in each case to the address specified below (provided that any notice received by email transmission on a non -business day or on any business day after 5:00 p.m. addressee's local time shall be deemed to have been received at 9:00 a.m. addressee's local time on the next business day): Lease Agreement HMT—Laundry Building Page 12 of 15 If to Lessor: HMT of Fayetteville, LLC PO Box 1181 Fayetteville Alt 72702 Email: propertymgr.hmt(a,)gmail.com With a copy to: Mxaigioncjs@gmail.com If to Lessee: VIP Club 326 N West Avenue, Suite 6 Fayetteville AR 72701 If to Guarantors: c/o Sami Haddaji 326 N West Avenue, Suite 6 Fayetteville AR 72701 Email: sahaddaji@gmaii.com EXHIBITS AND EFFECTIVE DATE 4.12 The Lease becomes cffmdvc only upon execution and delivery by both Lessor and Lessee. All wdiihits and riders attached to this Lease and initialed by Lessor and Lessee are incorporated into and made a part of this Lease. TIME 4.13 Time is of the essence in this Lease. CAPTIONS 4,14 The captions u%cd in this Lease are for convenience only and do not in any way limit or amplify theterms and provisions hereof OTHER AGREEMENTS 4.15 This Lease contains the entire agreement of the parties hereto with respect to the matters contained herein and no other representations, promises or agreements, oral or otherwise, have been made between the parties. GUARANTOR: 4.16 Guarantors hereby acknowledge and agree that they have a vested legal interest in Lessor and Lessee entering into this Lease, and hereby agree to be liable for the timely payment of all sums due or to become due hereunder during the Term, and the timely performance of the Julies, responsibilities, conditions and obligations of Lessce during the Term as set forth herein. Lease Agreement HMT—Laundry Building Page 13 of 15 IN TESTIMONY WHEREOF, the above named Lessor, Lessee and Guarantors have executed this instrument on the day and year set forth above in this Lease, LESSOR: HMT of Fayetteville, LLC By: utltJ Title: Property Manager LESSEE: VIP Club By: r Title•. V. N.\C)J— 11 ?:�C GUARANTOR: HaddajiAmir, LLC r By: Title., r Sarnr a[ laji, in, ividua€ly r n f' Trisha [ (.1 t, individually Lease Agreement HMT—Laundry Building Page 14 of 15 AaNIS ISEIM RULES AND REGULATIONS 1. Lessee shall not alter any lock or install a new or additional bolt on any door for the Premises without prior written consent of Lessor. 2. Lessor shall not be responsible for lost or stolen property, equipment, money or jewelry from the Premises or public areas regardless of whether such loss occurs where the area is secured against entry. 3. No portion of Premises shall at any time be used or occupied as sleeping or lodging quarters. 4. Lessee shall not place, install or operate on the Premises or in any part of the Building any explosives, gasoline, kerosene, oil, acids, Caustics or any other flammable, explosive or hazardous materials without the prior written consent of the Lessor. 5. Lessee shall not permit odors to emanate from the Premises, nor allow any objectionable noise or music to emanate from the Premises. Lessee, its customers, invitees and guests shall not obstruct sidewalks, entrances, passages, coatis, corridors, vestibules, halls, elevators and stairways in and about the Building. 6. Lessor reserves the right to make additional rules and regulations which in its judgment are needed for the safety, care and cleanliness of the Building, and the preservation of good order. Lease Agreement HMT—Laundry Building Page 15 of 15 ZI mz U) 0Z) z ir (a z 0 ra 00 Lt - 0 z ` 1 .fir... Yew �l�• a V i �a4 • AikAW 9W 1 Li1 .ter re y�e�}`�.F' . , i� _ � �sn7C1' ..;�'� E =_.s ��i�,... . �� y; 1� •-fir'••. .., _ ..:.' .. �� ':-—�-=��•-�•� �•�� sem. �� s .:moi -X''...... a.�.. .. ...--------- - �w l I -wWwP7- s .:moi -X''...... a.�.. .. ...--------- FILED - Arkansas Saoretary of State -Mork Martin - Doc#: 8690724001 - Filing#: 811068981 -Filed On: 6110/2017 -Page(s): 0 X. 'Annual Report for Domestic Nonprofit Corporation State of OrlgIn: AR Entity File Number: 811068981 Alt Entity Type: DomNonProfitNewCode Entity Name: WILD PONY CANYON, INC. File Date: 2017-05-10 15:03:06 Alt Tax Type: NonProlitCorporation Tax Year: 2017 Filing Signature: ANGELA CALLOWAY Is Exempt Organization: No First Name: KENNETH Last Name: MOURTON Address 1: 3608 N. STEELE BLVD., SUITE 202 City: FAYETTEVILLE State: AR Zlp: 72703 Country: USA Phone: 479-042-6213 First Name: ANGELA Last Name: CALLOWAY Title: Director Address 1: 3608 N STEELE BLVD STE 202 City: FAYETTEVILLE State: A R Zip: 72702 Country: USA First Name: JUSTIN Last Name: RAINS Title: Director Address 1: 3608 N STEELE BLVD STE 202 City: FAYETTEVILLE State: AR Zip: 72702 Country: USA First Name: JOHN Last Name: ROLLINS Title: Director Address 1: 3608 N STEELE BLVD STE 202 City: FAYETTEVILLE State: AR Zlp: 72702 Country: USA First Name: ANGELA Last Name. CALLOWAY Title: Vice -President Address 1: 3608 N STEELE BLVD STE 202 City: FAYETTEVILLE State: AR Zip: 72702 Country: USA Branson, Lisa From: Smith, Sondra Sent: Tuesday, November 21, 2017 10:17 PM To: Branson, Lisa Subject: FW: VIP Club Alcohol permit Not sure if you received this. Sondra -----Original Message ----- From: Williams, Kit Sent: Tuesday, November 21, 2017 10:59 AM To: Kenneth Mourton <kmourton@ballandmourton.com> Cc: Tabor, Greg <gtabor@fayetteville-ar.gov>; Smith, Sondra <ssmith@fayetteville-ar.gov>; Jordan, Lioneld <Ijordan @fayettevil le-ar.gov> Subject: RE: VIP Club Alcohol permit Ken, Thanks for your agreement. This ordinance will be addressed tonight under old business (right after the consent agenda). You and your client should attend and indicate your acceptance and agreement of the amended ordinance and request that the City Council passed the amended ordinance. Kit Williams Fayetteville City Attorney 479.575.8313 -----Original Message ----- From: Kenneth Mourton [mailto:kmourton@ballandmourton.com] Sent: Tuesday, November 21, 2017 8:47 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: VIP Club Alcohol permit Kit This is acceptable to my client and also myself as his attorney If you need anything else please let me know. Also when it is presented do you prefer that my client and myself be at the meeting. If so please advise me what date the matter will be presented. Thank you and I appreciate your assistance in working through this matter With Highest Regards Ken 1 Branson, Lisa From: Smith, Sondra Sent: Tuesday, November 21, 2017 10:18 PM To: Branson, Lisa Subject: FW: VIP Club Alcohol permit Attachments: 1824_001. pdf Not sure if you received this. Sondra From: Williams, Kit Sent: Friday, November 17, 2017 3:25 PM To: kmourton@ballandmourton.com Cc: Tabor, Greg <gtabor@fayetteville-ar.gov>; Marr, Don <dmarr@fayetteville-ar.gov>; Smith, Sondra <ss m ith @fayettevi I I e -a r.gov> Subject: VIP Club Alcohol permit Ken, Attached is the proposed amended ordinance to approve your client's application for an ABC private club alcohol permit with the conditions that I believe that you and Chief Tabor agreed to. Please let me know if this is satisfactory to you and your client. Kit Williams Fayetteville City Attorney 479.575.8313 all Oriiicr; oP iria. CITY ATTOR.Nkh 1 ORDINANCE NO. AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAR, ON BEHALF OF VIP CLUB FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE #6 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; and WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow sidewalk near his location; and WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend and complete the Fayetteville Police Department's free Fraudulent/Underage ID class. 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 Sarni Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6 under the conditions set forth in Section 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sarni Ammar Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class as conditions for the City Council's approval of Mr. Haddaji's application. PASSED and APPROVED this 5`" day of December, 2017. APPROVED: Un ATTEST: LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 6010 Was inserted in the Regular Edition on: November 30, 2017 Publication Charges: $ 88.40 Kare Caler Subscribed and sworn to before me This ( day of 6,t( , 2017. 6wt" (/t)�& Notary Public ,�( My Commission Expires: � Imo' CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. ECEI FD DEC 12 2017 CITY OF FA CITY CI FR File Number: 2017-0616 VIP CLUB: AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE#6 WHEREAS, the Arkansas State Code definition of private club was amended to delete "regularly paying annual dues of not less than five dollars ($5.00) per member" from the requirement that a private club "must have not fewer than one hundred (100) members," and; 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 TME CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the application of Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6. PASSED and APPROVED on 11/21/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74356938 Nov. 30, 2017