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Home My WebLink AboutORDINANCE 6055113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6055 File Number: 2018-0152 DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM PRIVATE CLUB PERMIT: AN ORDINANCE TO APPROVE THE APPLICATION OF DAN G. DANIEL, ON BEHALF OF DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 495 WEST PRAIRIE STREET #103 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 Dan G. Daniel, on behalf of Dinosaur Sr., Inc. d/b/a Prairie Street Bar & Taproom, 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 495 West Prairie Street #103. PASSED and APPROVED on 4/3/2018 Attest: � � L,,�l Sondra E. Smith, City Cleric Treas 1r1%4" • 4 •r 5 rte. rte. E:AYl:T7EViLLL*'1 i'lf;! Page 1 Printed on 414118 City of Fayetteville, Arkansas 113 West Mountain Street .•;ri `'s Fayetteville, AR 72701 IA�i �1 (479) 575-8323 M f�% Text File L- f File Number: 2018-0152 Agenda Date: 4/3/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM PRIVATE CLUB PERMIT: AN ORDINANCE TO APPROVE THE APPLICATION OF DAN G. DANIEL, ON BEHALF OF DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 495 WEST PRAIRIE STREET #103 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 Dan G. Daniel, on behalf of Dinosaur Sr., Inc. d/b/a Prairie Street Bar & Taproom, 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 495 West Prairie Street # 103. City of Fayetteville, Arkansas Page 1 Printed on 4/4/2018 City of Fayetteville Staff Review Form Legistar File ID 4/3/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Tabor 3/6/2018 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the private club application for Prairie Street Bar and Tap Room. Account Number Project Number Budgeted Item? NA Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # V201$0209 Original Contract Number: Comments: Approval Date: M P' CITY COUNCIL AGENDA MEMO CITY OF "E`1•TEVIL .E ARKANSAS MEETING OF APRIL 3, 2018 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: March 6, 2018 SUBJECT: Private Club Application for "Prairie Street Bar and Tap Room" RECOMMENDATION: Staff recommends approval of this private club application with stipulations for Prairie Street Bar and Tap Room. BACKGROUND: Pursuant to 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. DISCUSSION: Danny Daniel submitted a City of Fayetteville private club application on December 21, 2017 for private club "Prairie Street Bar and Tap Room". This is the first applicant to go through the city's official online private club application process. Please refer to the list of internal stipulations on page 4 of the attached private club application. These internal stipulations were provided by City Attorney's office, City Chief of Staff, Chief of Police and additional police department comments. BUDGET/STAFF IMPACT: This item has no impact on city budget or staffing. Attachments: Private club application for Prairie Street Bar and Tap Room Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Process of filing application for Private Club 1. You will have to contact ABC and request for the Private Club Application 2. Once you get the application, please fill it out and upload it under the Prerequisites section. 3. Please go to the below listed website and make sure that your address is a VERIFIED address. http://Wmv.fayetteville-ar.gov/3263/Address-Verification Please print and attacar page 1 and 2 of the "Official Address Verification" letter. 4. Please upload all necessary documents and fill out all the information. You do not have to fill out the Notarization section at this time. 5. Submit the form without filling out notarization section. You can at this time download and print the farm. 6 VVI leis your completed application hell been received, your requesi vnll be added to a City Council agenda for a public licarino and you ,0111 be not+riml of the date of fire maeling. i'ipase pian io attend the meeting to present your proposal to the city CGUICit and answrx ;rny questions Council iUtenrMers rrray Ilavu 7. Once the Ordinance is passed by the city, you veil be notified. 8. You will send the Ordinance to ABC, so that ABC can mail you the permit. 9. You vrll finally submit the Notarized copy of this application, a check in the amount of $250 and the State Copy. Prerequisites A ABC Application Image (1).jp9 324.69KB Image (2).jpg 308.39KB Image (3).jpg 342.97KB Image (4)•jpg 394.11 KB Image (5).jpg 374.3KB Official Address Ofgcaladdressverification,pdf 1.65MB Verification Member List C—prus Valle°v ax-a-b,ership list.docy 16.57KB Lease/Doed Dinosaur Sr lease I of 20jpag 534.59KE3 agreement Dinosaur Sr lease 2 of 20.jpag 540,21<13 72703 Dinosaur Sr lease 3 of 20.jpg 538.16KB Dinosaur Sr lease 4 of 20.jpg 577,35KB Dinosaur Sr lease 5 of 20.jpg 558 41KB Dinosaur Sr lease 6 of 20.jpg 517.13KB Dinosaur Sr lease 7 of 20.jpg 615. 1 8KB Dinosaur Sr lease 8 of 20.jpg 559,9KB Dinosaur Sr lease 9 of 20,jpg 540 64K Dinosaur Sr lease 10 of 20.jpg 494.46KB Dinosaur Sr lease 11 of 20.jpg 532.57KB Dinosaur Sr lease 12 of 20.jpg 53111 KB Dinosaur Sr lease 13 of 20.jpg 514.84KB Dinosaur Sr lease 14 of 20.jpg 475,03KB Dinosaur Sr lease 15 of 20.jpg 355,631<13 Dinosaur Sr lease 16 of 20.jpg 301,69KB Dinosaur Sr Wase 17 of 20.jpg 1341<13 Dinosaur Sr lease 18 of 20.jpg 103.64KB Dinosaur Sr lease 19 of 20-jpg 98.06KB Dinosaur Sr lease 20 of 20.jpg 94.73KB ,"Or Ine building , That will be used) Certificate of Good Cirtificateofgoodstanding.pdf 415,04KB Standing Start Application I (Wef do hereby make appllcation to the City of Fayetteville, Arkansas, for a Private Club Pemlit, PrIvate Ciub Nanw Dinosaur Sr Business Address areo&Mrelss 495 W. prairie St #103 4,.1cress U I r):-. 2 Slafet Ronvince. ; "on FAYETTEVILLE AR Pbs 1 a 111 ZJ P W3e' CwWv 72701 United States Is Mailing address W same as Willing address Mailing Address �Wwt kw.;�esn 1550 EAST ZtON ROAD, SUFE E I A,kqr(--s L iFv,, 2 0 1 1y y Fayetteville AR RAs[,A j Zip Qy.t 72703 Way"inaton List A.!! Persons Owning or Holding an Interest in the Primate Club (Attach supplement, if necessary) Name Address (#, Street, City, Phone Birth Date Drivers License State, Zip) 5ammual Stephenson 14621 Goshen Tuttle Rd 479-790-;1051 920012099 000-D-0-0cfx) rmicyi'yYYY Daniel Smith 411 E Center 5t. 479-530-2513 910303508 Fayetteville, AR 72701 Oro -Wry U- :) Evan WDonald 1324 S Washington Ave 479-656-3933 903868419 Fayetteville, AR 72701 CKD-.`)A�UAM Y%"y Alan Shaffer 3205 McDonald Ave, 479-445-7909 92225278 Springdale, AR 72762 Wc�WGIC 00 ntddrjyy Joseph [Asch 945 E Elm St. Fayetteville, 479-966-6857 9194980000 AR 72703 UJO- W -COW nr *Yyyyy bhn Ahrens 1016 W. Hickory, 479-971-0588 4001857/0 Fayetteville, AR 72703 ooa(MxXx, m6vry,f- Ching Mong 4854 W Dover St 479-466-9327 918293161 Fayetteville, AR 72704 000- �17ratf'?"rY Kira -Sol Me 583 Battery St Apt1903n, 206-823-7049 14IM-S'21503 Seattle, WA 98121 0-�CXY;.cOxC ,,, ,. t vyy QwnerALWdlng in which business is located,, Nance Address Phone Prairie Monkevs, LLC 1550 PAST ZION ROAD, SUfiE 1 479-216-2060 Date Club Organized 07103/201.4 nn,rcdS'M`yy Current Number of 100 Members Amount of $1 Membership Dues Check One w Annual r monitlly r NA Method used for r- Locker System (Beverages om, ed by members individually) dispensing alcoholic W pool or revolving fund system (beverages ovn In common by membership; beverages: Applicant's Name Danny Gena Dani=; i nb)se II�t)(hile,t' >:ss:;n siuxi; s :lilt:.,. Title G-,nemi [:lanauer Date of Birth It this is a new establishment, I do hereby swear and affirm that the location of the business for vxihich this permit is sought is not Within 200 yards of any church or school building, if said business is a retail estabiishment for the sale of alcoholic beverages for consumption off the premises; or is riot Wthin 300 feet of any church or school building for any other business for vvhich a City of Fayetteville alcoholic beverage permit is required, Applicant's signature 0aw , 6Y. -w Notarization Subscribed and worn before me this _ _ day of — .20 (Seat) Internal Notary Public My commission expires Police Cornments The Fayetteville Police Department approves of this private club application Wth the following stipulations: l The business owner and business manager shall comply with all City of Fayetteville and Arkai13a5 Alcohol Beverage Control (ABC) permitting regulations and tees. Z The business owner or business manager shall contact the Fayetteville Police Department's Community Oriented Policing Division to schedule training for their staff to properly identify fraudulent Us. 3. It is recommended that the business ower and business manager research different phone apps or programs to assist their employees in identifying fraudulent IC's. 4, A multi -camera Surveillance system must be Installed on the inside of the business to provide video surveillance of the main entrance/exit, bar area and registers. 5. The business owner and business manager shall provide a "good neighbor" policy to surrounding businesses and residents of the private club. Sgt. Creston %lackey Attorneys Office Might want the applicant to clarify relationshiplauthority between the Owner of 495 Comments Prairie (Prairielvlonkeys, LLC) and the Landlord listed in the lease (Imergent Industries, LLC). I have a feeling it is a ieaselsub-lease because there is crossover between the managers of both companies but it would be helpful to have an explanation of that. Additionally, I note that Council Member Matthew Petty is a manager of PrairieMonkeys, LLC, the ovmer of the property. No other comments. Chief of Staff I have no additional comments - and I am in support of this request as long as all of Comments the Police Department and City Attorney request are adhered to prior to the approval and opening of the club. Chief's Comments 1, The private club representative Mo holds the ABC alcohol permit shall becorne a certified Private Security Officer (PSO) as spelled out by the Arkansas State Police under Rule 10.0 in Act 393 revised December 2016, http:((asp, arkansas.gov/services-and-prog ra rns/detail/Private- investigators- Security-Alarnr installation -Monitoring Anytime the ABC permit holder changes and a new "Change of Manager Additional Stockholder(s)1 Partner(s) Application" through ABC is completed, they must also be sure the new permit holder becomes a certified Private Security Officer (PSO) as spelled out by the Arkansas State Police within 90 days. Final Comments W additional comments. II.,r '� R 0.1 D R." .1 11111 STATE OF ARKANSAS ALCOHOLIC BEVERAGE CONTROL DIVISION 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. nY� o FEIN# Non -Profit Corporation APPLICANT ON BEHALF OF CLUB I )A v` First Middle Last HOME ADDRESS Ct A) `ztraet S city Zip COUnfy BUSINESS NAME P' rAW'1(- st O) e, )N.16 TAJ._4"-�;:--- - 0 BUSINESS ADDRESS 4f ') (k) i I to Street city Zip County v Is proposed location inside or outside city limits? Does the club own the premises? /L 0 If leased, give name and address of owner: Is your establishment primarily engaged in the business of serving food for consumption on the promises? X (". ) -- Under which system of dispensing alcoholic beverages will the club operate? Pooll Revolving _ Locker Does anyone now hold an alcoholic beverage permit a this location? If so, give name, address and permit no. (s) Amount of Dues $ 10 ANNUALO MONTHLY III g k r i Give names and addresses of all officers/directors of the non-profit organization: NAME TITLE ADDRESS ,s r4 � S Q rL GO S 4/\ Has any member of the club's board of directors or other governing body, or any club officers been under the sentence,, whether suspended or otherwise, of any court for the conviction of a felony within two (2) years preceding the date of this application? YES NO If yesf please explain day of 0 u LOQ f� C= , . 101 Signature of ApplicaO/Managing Agent Official Title Subscribed and sworn to before me this �_ day of n0VWVV a /1,11 My Commission Expires: A L 0 Notary Public 0F;4CI AL SEAL MANrX MCGUJRE ISAS LVASI�IINGTON COUNTY i CC IOMIWON'q 12375 ,57 :CaMNEISSI{}N W T7i1Sr q 3/15/15 EWETDS0102 NAME OF OUTLET M"A DESCRIPTION OF BUSINESS AND ENTERTAINMENT ACTIVITIES FOR PRIVATE CLUB PERMIT i ° • `�.� " S v ;F tip" Wil „— r N c aha,,•, y..-A�, E # to Ile-, 14 V— COUNTY W,� k 0 Arkansas Law 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 original application. Any material change in the club's operation or entertainment, other than originally listed in this application, witl xrt p6or appyvvral d' Ow director , shall be grounds or revocation of your permit. On your f loon pian, 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 AUDDITIONAL SHEETS, IF NECESSARY. EWSCHAO102 SCHEDULE A - INDIVIDUAL'S PERSONAL HISTORY C 1 r Application filled by Applicant - A, Stockholder/ Partner - 5 : I submit answers to the following questions under oath: 1, are "�-_.�°�,..-z ; j f.'" . - _ _Sex V" Date of Birth 2. Home Address'.1 ti" e � �t t s . ,Ic� ' . I e .. �7 Phone No. Street City Zip 3. Are you a person of good moral character and reputation In your community? 4, Are you a (CITIZEN r SIDENT ALIEN) f the United States? CIRCLE ONE Social SeWtky No. Green Gard No. 5. Are you a resident of the county In which application has been made? If not, do you live within 35 miles of the premises to be permitted? 6. Have you ever been convicted of a felony? YES NO If so, give full information 7. Have you been convicted of any violation of any law relating tp alcoholic beveraqes within the five (5)years preceeding this application? YES NO If so, give full information . Have you had any alcoholic bp erarge permit issued to you revoked within the five () years preceeding this application? YES NO ✓ If so, rive full information_ 9. Do you presently hold or have you ever held an alcoholic beverage permlt(s)? �I O If so, give name, place, and permit number(s) 1. Have you applied and been refused a permit at the applied for location within the last 12 months? /U L2 _If so, give Full information 11. Marital Status: Single ()./,) Married ( ) Divorced ( ) Separated ( ) Other( ) 12, Furnish complete information regarding members of Immediate family: Rc;LdOgns-41p Full lame ;� ,,,,Address ��, Ctccupation NEWSCHAD202 (a) Are any of the above to be connected with the operation of the outlet?'' (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. I��Ilfl 14. Covering the past five () years, give in detail the following: Your Business Qr Q=pgtion NaMp & A ldress of Employer Dates of_ Implayment >10 y�' 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 apt all times to all law enforcement officials without warrant or other legal process. NATE OF ARKANSAS f' Appilcant's ignature COUNTY OF911 , being first duly sworn o th deposes and says th�h she has 're jacof the questions to which she has made answer, and tha hi her said answers In each Instance are trnd correct, Subscribed and sworn to before me this V� I My Commission Expires: u U ) OFFiCiAt SEAL MANV4 MCfiUIRS NOTARY PUBUC . ARKkNW WASHINGTON COUNTY COMMISSION * 12378657 r,OMM15S17i =xP 1211'a2Cld TIDE CITY OF FAYETTEVIILLE, AR December 21, 2017 Official Address Verification To Whom It May Concern: This letter is to serve as a notification for address verification. The following is a valid address in the City of Fayetteville E911 system: ADDRESS 2IP CODE _I—COUNTY PARCEL *9-5-W PRAIRIE ST 103 72701 765-65508-000 For your convenience, a map of the above address is attached. Please feel free to contact the Fayetteville E911 Addressing Coordinator should you have any questions or concerns. Respectfully, The City of Fayetteville GIS Office 113 W Mountain St Fayetteville, AR 72701 479-575-8380 is faygttevillear.c�oy 495 W PRAIRIE ST 103, FAYETTEVILLE, AR 72701 349 +JI r 30'H 230 281 i 322 23" Vii�ilf N e'SQV.' __ _-i { H:. •ws..'*+tw+,f+ +. _. 1 r10`- ;--it7 , 34 TTM i 4 111* South St d0`s4�17 3 :,9b � ¢a"�' � ►� � ;s01 X45 � L " { 226 V_i t' 3D7. 34Et boa 1+ 3b1 34J 310 tl - + 363322' 3t7G J' _ ti 316 _ 1 } 31S 44 31� 208 4�4 4 , _ 324 3R G j (, 42,x, ^^' 07 495 W Ln 09 M146 uu !'a ,iis ic: St. '; PRAIRIE ST :631 n 415 { y a �{+ 37d 3G + 71B 517 wI3 1'.�, w 625 I f I, 'L:r 42�f T.r:a. � f �• � +tk. 'e. � FI � � � �� AN F'.:� 61(1 y p OM1. W �tria'rtrn Luther 1(iny Blvd r _..- "W, Marten Luther Kin R1 9 !�.. sf5615 543 57 ( �' f Br31 : ° � I. _+ 'Q IIS � �� •'f #ti° + .,�, � # 74 640 00 r 04 i P . i 8 .. r.. F' f � � t' �f+i _ 1 a• 0 100 200 400 R _ _ 1 0 25 50 140 m _ ' S fyly f y„ +jII e +ARKANSAS CITY Q F °y C FAi E T T E v" L E res dols eanlo)ned hiff1iis woe Wtfyte11 NOW relllws sMdSea (04 the 40111 i and beaefd if to City of FayeNewle Geographic Information )yslom and the public agencies it serves Any use of the data by anyone other then ale City of Fnyrid.vile is of the sole risk of the oeai; end by —phs ca of this deal, the azar does hereby agree la Indemnify the City of Feyafleva!e end hold the City of Fayetlavillo harmless hom and wlltmm IhfbllAy for any claims. acllans, cost brdamages of any notere, including the city's coat of dafenee, asserted by user or by another sitting hom the use of Ihls daw, The City of Feyellevllla makes no express or implied warrantees with reference to the dole, No ward, phrase, or clause round herein shell be construed to wane that lort Immunity at forth under Arles nsss law, Dinosaur Sr., Inc. Membership list 1. Andrea Anzelone 307 S. Barton Ave. Fayetteville, AR 72701 2. John T. Ahrens 403 E. 7th Mountain Home, AR 72653 3. Gary Alderson 18975 Shoreline Way Fayetteville, AR 72703 4: Steve Bercher 1069 Modison 7500 Huntsville, AR 72740 5. Savannah Black 12826 Fat Nash Rd. Lincoln, AR 72744 6. Nathan Bowen 2465 W. Yvonne Drive Fayetteville, AR 72704 7. Brian Brandon 12056 Hazel Valley Rd, Fayetteville, AR 72701 8. Jedidiah Brandon '522 W. Maple #6 Fayetteville, AR 72701 9. Leighanne Brewer 1969 Dowell St. Springdale, AR 72762 10. Erin A. Bunce - 1259 W. Mt. Comfort Fayetteville, AR 72703 11. James Burgin 3467 W. Yale St. Fayetteville, AR 72704 12. Alex Burlison 62 E. 7" St. Apt. #2 Fayetteville, 72701 13. Daniel Bush 3032 W. Essex Dr. Fayetteville, AR 72704 14. Lydia Campbell 2933 N. Dorchester Dr. Fayetteville, AR 72703 15. Frank Carey 404 Morrison Place Springdale, AR 72762 16. Chancellor Chambers 831 W. Center St. Fayetteville, AR 72701 17. Mikayla Conarroe 12489 Richardson Rd. Farmington, AR 72730 18. Zack Cook 1340 Sundowner Ranch Ave Prairie Grove, AR 36066 19. Cesar Cortez 2107 NE Oaks Dr. Fayetteville, AR 72703 20. Tanja Cosmos PO Box 4605 Fayetteville, AR 72701 21. Shannon Cox 452 Harness Lane West Fork, AR 72774 r 22. Mary Crabtree 4141 Cadillac Dr. Apt. #7 Fayetteville, AR 72703 23. Harrison Craft 22585 Lakeview Dr. Springdale, AR 72764 24. Tiffany Cromwell 1283 Elm St. Fayetteville, AR 72703 25. Lacey Cunningham 1214 N. vista Place. Fayetteville, AR 72701 26. Steven Danielson 208 E. Adobe Fayetteville, AR 72701 27. Veronica Dickerson 226 E. Ella Fayetteville, AR 72701 28. Monica Disney 2352 W. Berry Fayetteville, AR 72701 29. William Dupree 1000 E. Missouris Way Fayetteville, AR 72701 30. Desiree Easley 522 W. Maple St, Apt. #11 Fayetteville, AR 72701 31. Bryan Erke 3001 W. Weddington Fayetteville, AR 72701 32. Christie Evans 214 Stapleton Dr. Prarie Frove, AR 72753 33. Chelsea Everts 1251 E. Shepherd Lane Apt. #106 Fayetteville, AR 72703 34. Kathryn Farr 2208 Sycamore Place Springdale, AR 72762 35. Jason Foley 1549 S. Tallgrass Dr. Fayetteville, AR 72701 36. Victoria Garnette 1002 W. Hughes St. Apt. #3 Fayetteville, AR 72701 37, Lydia Gilstrap 330 S. Duncan Ave. Fayetteville, AR 72701 38. Ruth Gilszmer 3205 B McDonald Ave. Springdale, AR 72764 39. Robert Glenn 4208 N. Valley Lake Dr. Apt. #11 Fayetteville, AR 72703 40. Sarah Gregory 8591 W. Melmar Dr. Apr. #85 Fayetteville, AR 72703 41. Casey Gross 614 W. Cleveland #10 Fayetteville, AR 72701 42. Evan Hallmark t 714 W. Douglas Fayetteville, AR 72701 43. Garret Hellums 536 W. 11" St. Fayetteville, AR 72701 44. Carlton Hernandez 530 W. 13" St. Fayetteville, AR 72701 45. Tyler Hickman 4644 W. Dover St. Fayetteville, AR 72704 46. James Howard 1909 E. Park Lane Dr. Fayetteville, AR 72703 47. Dexter Hutchinson 3290 N. Sethridge Dr. Fayetteville, AR 72705 48. Joseph Italiano 1051 W. Eagle St. Fayetteville, AR 72701 49. Jason Jennings 233 S. College Ave Fayetteville, AR 72701 50. Cody Johnson 1630 N. Gregg Ave. Fayetteville, AR 72703 51. Jeremy Johnson 14799 S. Hwy. 170 West Fork, AR 72774 52. Sydney Johnson 570 S. Happy Hollow Rd Fayetteville, AR 72701 53. Angela Korbe 4315 E. Mission Blvd. Fayetteville, AR 72703 54. Jennifer Kunzweiler 16874 Stonebrook Rd. Skiatook, OK 74070 55. Brooks Lee 2786 Concord Lane Fayetteville, AR 72701 56. Jonathan Lewis 171 S. Taylor St. Ashdown, AR 71822 57. Will Lockwood 614 W. Cleaveland St. Apt. #15 Fayetteville, AR 72701 58. Andrew Malcolm 1312 S. College Ave. Fayetteville, AR 72701 59, Mark McDonald 2862 North Gregg #6 Fayetteville, AR 72703 60. Shaun Mcleod 3548 E. Huntsville Rd. Fayetteville, AR 72701 61. Jeff McPike 5531 Blake Ln. Springdale, AR 72762 62. Miracle Mercado 1753 E. Zion Rd. #41 Fayetteville, AR 72703 63. Steve Milligan 300 SE Eaton Bentonville, AR 72712 64. Sue Mong 98B San Jose Springdale, AR 72762 65. Terry Morrison 596 Fox Meadow Ln. Fayetteville, AR 72704 66. Wes Mouser 1628 N. Broadview Dr. • Fayetteville, AR 72703 67. Mary Nolan 891 W. Meimar Dr. #70 Fayetteville, AR 72703 68. Wade Pasley 6237 Grays Gap Rd. Fayetteville, AR 72704 69, Kody Perry 44276 N. Valley Lake Dr. Apt. #9 Fayetteville, AR 72703 70. Jason Piersol 1457 Weatherwood Court Fayetteville, AR 72704 71. Megan Price 1693 E. Amber Dr. Fayetteville, AR 72703 72. Jeremy Quillin 191 Polk 88 Mena, AR 71953 73. Roger Rains 1503 E. Ridgeway Dr. Fayetteville, AR 72703 74. Samuel Rigg 1260 Maple Lane Elkins, AR 72727 75. Nicole Riley 14621 Goshen -Tuttle Rd, Elkins, AR 72727 76. Samantha Roper 1204 S. Pepper Tree Ln. Fayetteville, AR 72704 77. Andrew Sexton 146 S. Virginia Ave. Fayetteville, AR 72701 78. Al Smith 11383 Shumate Crossing Rd. Farmington, AR 72738 79. Patricia Smith 1374 Madison 5548 Elkins, AR 72727 80. Samuel Solano 659 Sundance Dr. Fayetteville, AR 72704 81. Suzie Stanley 512 E. 6tn Mountain Home, AR 72653 82. Richard Stanton 2293 S. Cody Circle Fayetteville, AR 72701 83. Sara Stiff ler 4130 N. Chrysler Dr. Apt. #4 Fayetteville, AR 72703 84. Michael Stone 122 S. East Ave. Apt. B Fayetteville, AR 72701 85. James Storti 11114 N. Highway 170 Farmington, AR 72730 86. Jeremy Swift 60 Dakota Trail Farmington, AR 72730 87, Jillian Swingle 1855 N. Greenvalley Ave, Fayetteville, AR 72703 88. Marina Tan 300 S. Gregg Apt. D Fayetteville, AR 72701 89. Christopher Tritt 2772 E. Coy Kaylor Dr. Fayetteville, AR 72703 90. Daniel Tucker 1552 E. Briarcliffe St. Fayetteville, AR 72703 91. Shannon Wade 452 Harness Ln. West Fork, AR 72774 92. Dani Waldroup 4240 N. Wyndham Court Fayetteville, AR 72703 93. Drew Walsh 2100 N. Leverett Ave. Apt. #109 Fayetteville, AR 72703 94. Jessie Ward 1488 W. Mt. Comfort Rd, Fayetteville, AR 72703 95. Steven Ward 1488 W. Mt. Comfort Rd. Fayetteville, AR 72703 96. Alex Webb 3509 W. Vassar St. Fayetteville, Ar 72704 97. Laura Williams 4242 N. Taliesin Ln. Fayetteville, AR 72703 98. Walter Williams 1622 W. Maine St. Fayetteville, AR 72203 99. David Woodward 183 Madrid Fayetteville, AR 72303 100, Rachel Young 4064 Johnelle Dr. #6 Fayetteville, AR 72701 LEASE AGREEMENT THis LEASE AGREEMENT (the "LEASE") is entered into and executed as of the&_'day of f��6v- , 2017 (the "EFFEL"fIVE DArE`"), b,, and between IMERGENT INDUSTRIES, LLC, an Arkansas limited liability company (the ".LANDLORD"), and DINOSAUR SR., INC. an Arkansas corporation (the "TENANT"). I . I_,.f,ts.i ()-I 'is tt_ Upon the terms and subject to the conditions contained herein, Landlord hereby leases unto Tenant and Tenant hereby leases and lets from Landlord the premises consisting of a portion of the first floor (the "PRENIISES") of a three-story mixed use building that is to be constructed at 435 W. Prairie Street, Fayetteville, Arkansas (the "BUILDING") said Premises containing approximately ont! thousand Tltrcv lit indred seva'ntix1( 376) reirtable square feet of commercial space to be constructed and located on and within the Building, the patio adJacent to the north and west faces of the building, and the improvements currently located and to be located in the future on the Premises (the "IMPROVEMENTS") (the Premises and the Improvements collectively referred to herein as the "LEASED PREMISES"). The usable square feet of the Premises consists of approximately mic ihoosand three hundred _:+evem _six (1376) square feet and the adjoining the front and west faces of the building as detailed on the Premises Floorplan attached hereto as 1 rtom r A and further defined by the Rules and Regulations #of the building (L xi Ino i 1)). 2. rERM. (a) t higi_nni 'Leri. For the purposes of this lease, Tenant shall be deemed to take occupancy of the Leased Premises upon the date on which all substantial electrical installations on and to the lease Premises have been completed and access is granted to the Tenant (the-0CCi1PAN(,v DATE"). Notwithstanding any prior occupancy of the Lease Premises by Tenant, which shall at all times be subject to the terms and provisions of this Lease, the term of this Lease shall commence on the earlier of (i) the date Tenant commences active business operations upon the Leased Premises, or (ii) the Delivery Date (the "COMMENCEMENT DATE");� provided, in no event shall Rent, as defined in Section 4(e) and calculated pursuant to the terms of Section 4, be due or payable for any period of time prior to the issuance by the City of Fayetteville ol'a Certificate of Occupancy for the Leased Premises. The term shall end on the filth (5th) annual anniversary of the Commencement Date (the "INITIAL TERM"), unless the Initial Term is extended by "Tenant in the manner set forth in Section 2(b) of this Lease. The term "DELIVERY DATE" shall mean the earlier of (x) the date on which the Tenant Improvements, as such term is defined in Section 4(c) hereof, are "SUBSTANTIALLY COMPLETED", or (y) Rimy (90) calendar days following the Occupancy Date. The Tenant Improvements shall be deemed to be "Substantially Completed" when the following have occurred: (i) The Landlord's Work (as defined in Section 4(b) hereof) and the Tenants Improvements (as defined in Section 4(c) hereof) have been completed except for minor or insubstantial details of construction, mechanical adjustments, or finishing touches like plastering or painting, which items shall not adversely affect Tenant's conduct of its ordinary business activities in the Building" and (ii) If required under the applicable; code or ordinance of Fayetteville. Washington County, Arkansas, the municipality has issued a certificate of occupancy and approved the Landlord's Work. (iii) The date determined in accordance with subparagraph 2(a)(i) and subparagraph 2(a)(ii) is herein called the date of "SUBSTANTIAL COMPLETION". In tile: event of any delay in Landlord's Mork or the Tenant Improvement or Tenant interferes with the performance of the Landlord's Mork, Tenant acknowledges that the Commencement Date and T'enant's obligations to pay rent hereunder may begin before the Tenant lnaprovements have been completed. In this regard, Tenant agrees and acknowledges that it is not involved in, associated with or responsible for the performance of the Landlord's Work and has no rights to be involved in the Landlord's Work. (b) t_IJHioII—L0 1�encvv,. Following the Initial Tenn or a Renewat Terni, as applicable. Landlord grants Tenant the right to extend the Term of this Lease for ten (10) additional, separate, and successive two (2) year periods (each such additional two (2) year period being referred to as a "RENEWAL TEE=M") Can the sante temis and conditions as contained herein. The option to renew granted in this Section 2(b) shall be exercised, if at all, by written notice fronn Tenant to Landlord given not less than one hundred eighty (1 g0) days prior to the expiration of the Initial Term or the preceding? Renewal Tenn, as the case may be (tile "180 DAY' NOTICE"). *flie Initial "berm and all applicable Renewal Terms are collectively referred to herein as the '°TFum... In the event that Tenant does not timely provide the 180 Day Notice the "Term shall terminate and expirq on and as of the last clay of the then current Terni. =RENT. (a) Basic Rent, Tenant promises to pay time dollar ($I) (the `°BASIC: RENT") to Landlord during the Term, in installments, monthly in advance, beginning on the 10th day of the calendar month following the calendar month in which the Commencement Date occurs and continuing on the 10th day of each month thereafter. Basic Rent will be proratedper diem for any month that is not a full calendar month. 4. CONDITION OF THE LEASED PREMISES. (a) Plans and Sjiecilicalion liir I.Xidlord'S 131ilding. If Tenant so requests. Landlord shall deliver a copy of all base building core and shell construction documents to Tenant (the "BUILDING PLANS"). (b) 1, n dloid'N._Vi`ork. landlord shall construct the "LANDLORD'S WORK".which shall be as described above in- the Building Plans and shall provide Tenant with only a minimally finished space containing only a concrete floor, two bathrooms and light fixtures. All such work shall be performed in a good and workmanlike manner and shall comply with all -2- applicable laws including the American with Disabilities Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations ("ADA") and all related -federal and state statutes. Landlord's Work shall also include providing the Leased Premises with reasonably adequate soundproofing measures as required by the Building Code that will aid and assist in the elimination and cancellation of sound that is emitted from the Leased Premises. (c)(1t BmulTalimli1117t ��t`�icL4tllc_ct' Icliv� r Tenant shall execute and deliver to Landlord a Memorandum of Acceptance of Delivery of the Leased Premises in the form attached hereto as ExwBIT C. within five (5) days after occupancy of Ceased Premises. (d) l,�ci :c kindingon n l:aecution. Notwithstanding the fact that the Initial Terin of this Lease does not commence until the Commencement Date, this Lease shall nevertheless be binding upon the parties in accordance with its terms on and as of the Effective Crate. 5. Tenant agrees to use the Leased Premises solely as a taRrroom and for all activities related or incidental thereto, or in furtherance thereof, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the Leased Premises to be used in any manner which creates waste or constitutes a nuisance. l"entint shall use and operate the Leased Premises in accordance with all applicable statutes, rules, regulations. ordinances, building and zoning codes, orders, declarations of easements and restrictive covenants. rules and regulations of property owners associations affecting the Leased Premises, and any other laws affecting or regulating the Leased Premises or the use thereof, specifically including, but not limited to, the applicable laws, rules and regulations governing the distribution, consumption, sale, delivery, storage and serving of alcohol, wine, spirits, beer, malt liquor and other types of alcoholic beverages. Tenant covenants and agrees that it will not do or permit to be done anything in, upon, or about the Leased Premises that unreasonably increases the risk of fire or other casualty beyond that which may arise in the customary course of operating a full-service bar and lounge. 6 `iii'.NN:1'ARKING. (a) Ste, All signage of Tenant must be pre -approved by Landlord in writing, which approval may be withheld in Landlord's sole and absolute discretion. With respect to any signage of Tenant that is approved by Landlord, Tenant shall be permitted to display such signage on and within the leased Premises only in accordance" with the City of Fayetteville's sign ordinance, provided, however, that Tenant shall first obtaiti all required permits and the approval of Landlord, Tenant shall be responsible for all costs associated with its signage. Upon termination of this Lease, Tenant shall remove any sign, picture, advertisement or notice painted on or affixed to the Leased Premises by Tenant or its agent and restore the location of such signage to at least the same condition that existed on the date of this Lease, reasonable wear and teat excepted. (b) P.,!, l i yi,. Tenant shall not be entitled to the exclusive or reserved use of any parking spaces in the parking lots which are adjacent to the front of the Building. -3- 7. Al,rrttAizt�.w.'dVithouttlieprix,r��ritierrcom3rntclfhandlord(tcliicficuil�,eriinia be withheld in (I It: sof' I'll sd ,ihsolute discretion cif l_aildlord). A tenani shall not make silty atJtesatit„ i improvements. additions. or utility installations its or ahtFut the I .eased Pretilises excelal for nlinclr nonstructural alterations or additions (i) N\ hick are not of a permanent nature, (ii) which do not injure or darnaVe Ill' Leased Premises or decrease the; value thereof, and (iii) which would not prevent or inhibit the [,eased PremisesTrorn being used for purposes described in Section 5 hereof, Tenant shall indemnify and hold harmless Landlord Croill rind aigai,ist any incl Orli liuflilit�_ Cost, trhligation or extiem w (hicludiug au inirs�'s fees ,and r)lhcr fc�getl expenses) iiwurrcd ht f ;rtxllu,,l Will, reNpeul its an) inechlinics. mattcrialinen's lien ari.sitit tr•ttt 411';urp :such alter.iti1w. irrTpri>'ti'CntL't1t, addidoil, or installation. Upon termiinaflron of llil�t_eti;;l, Iatntllt7rtl�, al lthtifiti,)n require Tenu Tenant to re,o.-c anv° such alteralioais or ndtlificotati nt<tde hy. 101,1111 111d lti retitcrrc the Leased Premises to its condition on the commencement date hereof. at Tenant's sole cost and e-vense. tliiiess l-andlord t;xercise$ its option tO rccluir'c retnoval as rifores;uil, all nitcrEaiitims. imlil-oxements, additions, uiility installations, and trade tistures imide ion or A%itli r's1i,.ct to the Leased Premises (or attached thereto) shall become the property off intfloril amtl tihttll l�elalaira upon and be surrendered with the Leased Premises upon cxpiraiioil of this 1 vw.k!, ilal.3Jtxit VA,14 �L ANt) 1dt_I}A1S, I'xcefit is rrlhentise fii•otodtd ill this I r;isc.. kn0lord shall. m I.aindlord's stole co -it and expense, nlain(iiin ,111,1 iii,rkr .ill nc, ,,tinrv' ,;irticittral repairs to exierior walls. sti'ut'tur:il eoltirrlil:ti iirid str'ucturtil floc+r t�hiell c,11ltTliti,r1l"'M11I:;e. Or service the Building (excluding, however, all �.6ntdovvs and It1<iss)= and to ri akc all rlcc�s,,rr� rcf)riirs rca the roof of fico Building rool'structures and supports otutl ea ;rt+t� s� �,Itinti l� itl G�ul4icle of ilio I .cased Premises, and Ilse tirt spriAler system tm the Buildhig. Wally. St°rv;cins. the 1ft,iltlitig. all as may be nccessarti to zrl,iiiattiiti the 13riil,liit0 in tt licrrilial. rk-.14►niblc and litihit<il'I' c,,u,litiott and suite of rmpaiir consistriit mill, the;coodhion and state of repair existing at the cotrtm ncernent of this Lease. ordinary and ricarmal wear acid tear excepted, Tenant , iall assume the i ;l,tnisilail icy far the ordinary maintenance and repairs. of the H VAC system servicing, tlir Leased Vekmiiscs alien all Systems, electrical and plunihing, inside the walls of the Leased Premises and within the Leased Prealkcs. Landlord shall assume respiinsibility liar the replacenic,at „#'the I IV,ACa%sieni scrvteinl„ the l.c %ud Vreinises in the event that, in the written +rophijtln t?i ii niril"Ilk-aiV+l'et I upmn coniracioi or inspector, such HVAC system has reached the cnd ofits nornril. U.'Mikil litc. Tomcat shall kill the interior portions of the Leased l"Villises in gocid and sound COMIiij,im shad YL -pail_ kc ith the conditimi existing at the coinni neenivni of this Lease, ordinary and normal wear and tear e\let+tcd, and Tenant shall pay all nornial operating and general maintenance expenses with respect to the Le�isvd Premises, Noiv,%-iihstanding anything otherwise contained in this Lease. 1andlord shill not be obligaued to make ,any repairs ►�-fth respect to any datn;we caused by (i) fenanl`a accts. ,legligentt. or itet;lcet. or (ii) the mets. licedi-epee, or neglect of "I,.•nant's oflieers, enlPlo}•t.'es. ilglLnts, cistoniers, vCiidorS, inVitec:;, guests or patrons. In the event Tenant shall become: aware of any item required to be maintained by Landlord hereunder which is in need of maintentilnce or repair, Tenant shall furnish Landlord with prompt written notice thereof. 9. 1NSURANcti. -a- (a) Lill}.i.it\ 1?nskinnscc. During the Term of this Lease, Tenant shall maintain and keep in full force and effect, at its sole cost and expense, a general policy of comprehensive public Liability insurance naming Landlord as an additional insured and insuring Landlord and Tenant against any liability arising out of the ownership use, occupancy, or maintenance of the Leased Premises. "Tenant further agrees that it shall indemnify and hold Landlord harmless from and against any and all liability, cost, obligation or expense (including attorney's fees and other legal expenses) in any way related to, arising under or resulting from any claim made with respect to such liability insurance policy. Such insurance shall provide an aggregate limit on coverage of not less than $3,000.000.00 with a single occurrence limit of not less than $1,000,000. (b) (;erE-licoic ul_ histtrorne. `Tenant shall furnish to Landlord, upon request, and if not requested, at least annually (i) a certificate of insurance showing such insurance to be in full force and effect, and (ii) proof that the premiums necessary to keep said insurance in full force and effect have been timely paid. (c) Miscellaneous. Insurance required hereunder shall be with such companies and in such form as is reasonably satisfactory to the Landlord. No such policy shall be cancellable or subject to reduction of coverage or other modification except after ten (10) days prior written notice to the Landlord. 'Tenant shall, urithin ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or binders for renewal coverage. (d) Wui%rr ol'Subrimation. Landlord and Tenant hereby waive any and all rights of recovery against the other, or against the officers, directors, employees, agents, and representatives of the other, for loss or damage to such waiving party or the property of others under its control to the extent such loss or damage is insured against under the insurance policy in fierce at the time of such loss or damage; provided, the insurance company actually makes payment on the policy. The insuring party shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. (e) L'fop rtv Dainape. During the Term, Landlord shall maintain and keep in Full force and effect a standard comprehensive policy of property damage insurance with respect to the leased Premises providing a minimum aggregate limit on coverage of not less than the full replacement cost of the improvements thereon. Such policy shall provide coverage against easualties and perils customarily covered by a standard extended coverage insurance policy for similar properties, including, without limitation, insurance for property damage caused by vandalism, malicious mischief, fire, storm, wind, flood and other acts of God. Tenant's liability under this Section shall be prorated according to the total rentable square footage of the Leased Premises divided by the total rentable square footage of the Building. Landlord shall send a statement to 'Tenant each calendar month during the Term of this Lease, in a manner consistent with Landlord's regular billing practices, detailing any amounts due and payable pursuant to this Section. XII payments by Tenant shall be made prior to the 10th calendar day of each month throughout the Term. Any such taxes attributable to only a portion of a year shall be prorated between Landlord and Tenant based upon the number of days during such year that this Lease is in effect. -5- 10. TAXES. (a) II;�I11i: erty. _ . l'_nxes and t,ct ial Assrs+n1g1)1s. Tenant shall be responsible for and shall pay all real property taxes, special assessments and property owners association dues applicable to or with respect to the Leased Premises during the Term of this Lease and any renewal hereof. Landlord shall send a statement to Tenant each calendar month during. the Terni of this Lease, in a manner consistent with Landlord's regular billing practices. detailing, any amounts due and payable pursuant to this Section 10(a). All payments by Tenant shall be made prior to the 10th calendar day of each month throughout the Term. Any such taxes attributable to only a portion of a year shall be prorated between Landlord and Tenant based upon the number of days during such year that this Lease is in effect. In the event the Leased Premises are not separately assessed, Tenant's liability under this Section 10(a) for real property taxes and special assessments shall be prorated according to the total rentable square footage of the Leased Premises divided by the total rentable square footage of the I3tailding. e (b) I'vi-sonal I'rop rty _[`taxes. Tenant shall be responsible for and shall pay_ prior to delinquency, all taxes assessed against and levied upon any personal property of Tenant used on or about the Leased Premises, including without limitation furnishings, equipment. and trade fixtures. 11. UTILITIES. Tenant shall maintain and pay all utility services utilized on or with respect to the Leased Premises during the Terra of this Lease and any renewal hereof, including. without limitation, utilities relating to electricity, gas, water, sewage, trash pickup, and telephone service. 12. UMITATIQN oN LANDL,ORD's L1A131LITY. Tenant hereby agrees that Landlord shall not be liable for any damage or inpury to Tenant's business or any loss of income therefrom. or for damage to the goods, wares, merchandise, or other property of Tenant, Tenant's employees. invitees, customers, agents, representatives or other person in or about the Leased Premises for damage or injury caused by or resulting from fire, leakage, or other defects in the Leased Premises. or from any cause or casualty whatsoever except to the extent such damage or injury is caused by Landlord's breach of this Lease, gross -negligence. or willful neglect. 13. DAMAGE OR DESTRUCTION OF THE LEASED PREMISES. (a) In the event the improvements upon the Leased Premises are damaged by vandalism, fare, storm, wind or other casualty so as to render the Leased Premises untenable and such damage cannot reasonably be expected to be substantially repaired within one hundred eighty (180) days, Tenant shall have the option for a period of thirty (ail) days following the date of such damage to terminate this Lease by written notice to Landlord. However, in the event such damage does not render the Leased Premises untenantable for the use identified in Section 5 of this Lease and such damage is otherwise reasonably expected to be capable of being substantial IV repaired within one hundred eighty (180) days from the date of the damage.. Tenant shall not have the right to terminate this Lease. In the event this Lease is not terminated as aforesaid, Landlord -6- shall. as soon as practical, institute action to repair and rebuild the damaged portion of the Leased Premises. provided, however, in no event shall Landlord be obligated to expend more than the insurance proceeds received by Landlord by reason of such damage. (b) Aboic ment of Rent During ReconxtrttctiOn. If the Leased Premises are destroyed or damaged as aforesaid and action is undertaken by Landlord to repair or restore the Leased Premises, the rent payable pursuant to this Lease for the period during which such datnage, repair or restoration continues shall be abated in proportion to the degree to which Tenant's use of the leased Premises is impaired; provided, however, that 'the aggregate amount of abatement hereunder shall not exceed the full monthly rental provided hereunder. Except for abatement of rent, ii' anv, 'tenant shall have no claim against Landlord for any liability, cost, obligation or expense caused by reason of any such damage, destruction, repair, or restoration, provided such damage, destruction, repair, or restoration is not occasioned by or necessary as a result of Landlord's gross negligence or willful neglect and provided, furtherthat in no event shall Landlord be subject to damages on account of lost business income or profits of Tenant or punitive damages. 14. RIGHT OF ENTRY. Subject to applicable law, at all times during the "term of this Lease. Landlord and Landlord's officers, agents and representatives shall have the right upon the provision of reasonable advance notice to Tenant and outside of normal business hours to enter into and upon the Leased Premises for purposes of inspecting the same; provided, however, that in the event Tenant has requested such Landlord inspection or Landlord believes in good faith that an urgent or emergency situation exists or that prompt inspection is otherwise necessary, Landlord shall have the right to enter into and upon the Leased Premises for purposes of inspecting same without advance notice and/or during normal business hours. 15. CONDEMNATION. In the event all or any part of the Leased Premises should become subject to eminent domain proceedings, and, if pursuant thereto, an amount of the Leased Premises shall be condemned so as to render the residue -wholly inadequate for the operation of t'enant's business thereon, Tenant shall have the option to terminate and cancel this Lease by giving written notice thereof to Landlord within ten (10) days following the transfer of title to the public authority instituting the condemnation proceedings. If any such taking does not render the residue of the Leased Premises wholly inadequate for Tenant's use thereof, the Rent provided hereunder shall be reduced in proportion to which the value of the property taken bears to the whole value of the Leased Premises. In any event, all condemnation awards with respect to the Leased Premises shall be paid to Landlord. Notwithstanding the foregoing, Tenant shall have the right to make a separate claim in condemnation proceedings for the loss of its personal property and trade fixtures, goodwill, business dislocation damages, moving expenses, relocation expenses, and any other award that would not reduce the award payable to Landlord, without regard to whether or not this Lease is terminated pursuant to this Section 15. If Tenant is not permitted by law to file a separate claim, then upon the advance written request of Tenant Landlord shall include 1 enant's claim for the aforesaid into Landlord's claim and pay to Tenant the amount recovered on Tenant's claim; provided, however that such tenant claim would not reduce the award payable to landlord and that Tenant shall be responsible for, pay and remit to Landlord (or Landlord may offset from its payment to Tenant) all costs and expenses associated with, attributable to or arising from Landlord's activities in seeking such recovery of Tenant's claim. -7- 16. I;AlLt'Rr BY TENANT VO PAY Em,ti i.s... In the event Tenant fails to pay an), expense with respect to the Leased Premises, including, without limitation, insurance premiums. taxes, utilities, maintenance or repairs in breach of the covenants contained herein, Landlord shall have the option. in its discretion, to pay such cost or expense and recover the same from Tenant as additional rent which sum shall be payable with interest thereon at the rate of ten percent (10%) per annum, upon demand by Landlord, or, if no demand, within ten days of the payment thereof by Landlord. 17.A4sirtN`tt �_r tilt SUkl.t. TF -1,1 ,. Except for subletting to an entity which operates a taproom on behalf of Tenant, Tenant shall not voluntarily or by operation of law assign, transfer. or mortgage this Lease. nor shall Tenant sublease the Leased Premises without Landlords prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. Notwithstanding any such assignment or subletting, Tenant shall remain primarily responsible for its obligations and covenants hereunder. For purposes of this Section 17(a), an assignment or transfer of this Lease shall be deemed'to include (but not be limited to) (a) a sale of substantially all of the assets of Tenant in a single transaction or series of related transactions outside of Tenant's ordinary course of action or (b) the change in ownership of at least fifty percent (50'%'x) o f the equity owneiship of Tenant determined by vote or value and regardless of whether by operation of fact or law. 18. TRANSFER, Notwithstanding anything to the contrary contained herein. Landlord shall have the right, without Tenant's consent, to assign or otherwise transfer all or any portion of its rights in interest in this Lease and/or the Leased Premises at any time, specifically including to any entity resulting from (i) a consolidation, merger or purchase of all or substantially all of the assets of Landlord outside the ordinary course of business, or (ii) a transfer or sale by Landlord of a majority of the voting shares, partnership interests, membership interests or other controlling, interests in Landlord (collectively, a "Tt.AANSFER"). This Lease shall remain in full force and effect and shall not be terminated upon the occurrence of the Transfer by Landlord. 19. HOLDING OVER. In the event Tenant holds over or otherwise fails to vacate the Leased Premises upon the expiration of this Lease, unless otherwise agreed in writing, said holding over shall be deemed a tenancy from month to month only at a rental equal to 150% of the Rent for the last month of the Term of this Lease. 20. LANDLORD's LIEN. (a) As security for the performance of Tenant's obligations and covenants hereuhder, a landlord's lien is hereby retained by Landlord, and Tenant hereby grants to Landlord a lien upon and security interest in all of Tenant's property which is, on the Commencement Date. or thereafter, placed in, on, or about the Leased Premises, or attached thereto', including., without limitation, all of Tenant's inventory, goods, wares, equipment, machinery, furniture, and trade fixtures, now existing or hereafter acquired by Tenant, and all additions, substitutions, and replacements thereof, and the proceeds and products therefrom, Upon the occurrence of an event of default by 'Tenant daring the Initial Term, Landlord may, in addition to any other remedies _g_ provided herein, by law, or in equity, enter upon the Leased Premises and take possession of any personal property or fixtures of Tenant situated in or upon the Leased Premiscs, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Tenant reasonable notice of time and place of any public sale or the time after which any private sale is to be made, at which sale the Landlord or its assigns may purchase said property. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given in the manner provided in Section 30 of this Lease at least ten (10) days before the time of the sale. Any sale pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in, on or about the Leased Premises or where the property is located after the time, place and method of sale and a general description of the types of property to be sold have been advertised in a local daily newspaper of general circulation for a period of three consecutive days before the date of the sale. The proceeds from any such disposition, less any and all expenses in connection with the taking of possession. holding and selling of the property (including attorneys' fees and expenses) shall be applied as a credit against all amounts due and payable by Tenant to Landlord hereunder. Any amounts in excess of the sums due and payable by Tenant hereunder shall be paid to Tenant and the Tenant shall be liable for any deficiencies. Upon request by landlord, Tenant agrees to execute and deliver to Landlord a financing statement in a form sufficient to perfect the security interest of Landlord in the aforementioned property and the proceeds thereof under the provisions of the Uniform Commercial Code in effect in the State of Arkansas. 21. F'N i_c)r'i'i i�08JIFICA l l'S. Upon request, Tenant shall promptly furnish to Landlord an estoppel certificate in a forma reasonably acceptable to Landlord to the effect that: (a) this Lease is in full force and effect and that the Landlord is not in default hereunder, and (b) that there are no offsets or other conditions precedent to the effectiveness of this Lease. 22. 'it lac rt -WN VI qt),N% Ar'roR.N.w.yr_& Nov—DisrURBANCF. (a) Suhnrdina-6nn. At the request of any present or future holder of a mortgage against the Leased Premises, the Tenant agrees to subordinate its rights under this Lease to any mortgage or encumbrance which Landlord may have presently or hereafter placed on the Leased Premises. Tenant agrees to execute upon request any instrument which maybe deemed necessary or desirable to render any such mortgage or encumbrance, whether made prior to or after the date hereof, superior to and prior to rights of Tenant under this Lease. (b) Attornment. If the holder of any mortgage, deed of trust or squrity described above (or its successor -in -interest), enforces its remedies provided by law or under the pertinent mortgage, deed of trust or security instrument and succeeds to Landlord's interest in the Leased Premises, Tenant agrees, upon written request of any such holder or any purchaser at foreclosure sale, to attorn and pay rent to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such holder or -9- purchaser shall agree to accept this Lease and not disturb "]Tenant's occupancy, so long as Tenant does not default and fail to cure within the time permitted hereunder). (c) Nun -Disturbance: In the event any mortgage or deed of trust to which this Lease, is subordinate is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, or in the event any ground lease to which this Lease is subordinate is terminated, this Lease shall not be barred, terminated, cut off, or foreclosed, nor shall the rights and possession of the Leased Premises by Tenant under this Lease be disturbed, if Tenant is not then in default beyond any applicable cure period under this Lease. 23. EVENTS or DrFAUt,T. Any one or more of the fallowing events shall be deemed an event of default by Tenant under this Lease: (a) failure by Tenant to timely pay any three (3) installments of rent required under this Lease during any particular Term, so long as no such installment of rent is paid later than ten (10) days from the date on which such installment became due; provided that Landlord agrees to deliver written notice to Tenant of such failure to pay rent; provided, further, that Landlord shall not be required to deliver written notice to Temunt more than one (l ) timc per calendar year during the "term; (b) failure by Tenwit to timely pay any installment of rent required under this Lease within ten (10) days after such installment of rent became due and payable:. (c) Tenant failing to comply, in any material respect, with any term, provision. or cotenant of this Lease (other than the nonpayment of Rent), specifically including, but not limited to, the failure of Tenant to comply with the laws, rules and regulations governing the distribution, consumption, sale, delivery, storage and serving of alcohol, wine, spirits. beer, malt liquor and other types of alcoholic beverages and the failure of Tenant to comply with the Rules and regulations of the Building as provided in Section 30 hereof, which remains uncured for a period of thirty (30) days following Tenant's receipt of written notice from Landlord setting forth in reasonable detail the nature and extent of the failure to comply and identifying the applicable Lease provision(s); provided, however, that if the nature of Tenant's default is such that Ettore than thirty (30) days are reasonably required for its cure, then it shall not be deemed a default ifTenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion and such completion of the cure occurs within ninety (90) days of the date on which Tenant failed to comply with the requisite term, provision or covenant of this Lease; (d) the material breach of any representation or warranty of "Tenant contained herein; (e) Tenant deserting, vacating or failing to conduct its ordinary course of business during its historical regular scheduled business hours on the Leased Premises for a period of thirty (30) consecutive days or more without paying rent; 10 (f) Tenant (i) making an assignment for the benefit of creditors, (ii) generally not paying its debts as such they become due, (iii) admitting in writing an inability to pay its debts as they become due, (iv) tiling a voluntary petition in bankruptcy, (v) becoming insolvent, (vi) filing, any petition or answer seeking for itself any reorganization, ariauigenrent, composition, readjustment of its debts or for liquidation, dissolution or other similar relief, (vii) petitioning or applying to any court for any receiver, custodian, or trustee for all or substantially all of its property or assets or be the subject of any such proceeding filed against it, (viii) fling an answer admitting or not contesting the material allegations of any such petition filed against it or any order, judgment, or decree approving such petition in any such proceeding, (ix) seeking, approving, consenting to, or acquiescing in any such proceeding for the appointment of any such trustee, receiver. custodian, liquidator or agent for it or any substantial part of its property or if an order is entered appointing any such trustee, receiver, custodian, liquidator or agent, or (x) taking, any formal action for the purpose of effectuating any of the foregoigg; (g) an order for relief being entered under the United States Bankruptcy laws or if any other decree or order is entered by a court having jurisdiction (i) adjudging Tenant as bankrupt or insolvent (ii) approving as properly filed a petition seeking reorganization, liquidatiom arrangement, adjustment or composition of Tenant or its property under the United States bankruptcy laws or any other applicable federal or state law (iii) appointing a receiver, liquidator. assignee, trustee, custodian, sequestrator (or other similar official) for Tenant or for any substantial part of Tenant's property or (iv) ordering the winding up or liquidation of Tenant's affairs; or (h) any judgment or decree against Tenant remaining unpaid, unstayed on appeal, undischarged, unbonded or undismissed for a period of thirty (30) days or more. 24. REMEDIES. Upon the occurrence of any event of default as provided herein, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand, and without prejudice to any rights or remedies otherwise available at law or in equity: (a) Landlord may terminate this Lease and enter into and upon and take possession of the Leased Premises and expel and remove 'Tenant and any other person who may be occupying the Leased Premises, by force, if necessary, without being liable for trespass or any damages therefor: a (b) Landlord may relet the Leased Premises upon such terms and conditions as landlord, in its sole and absolute discretion, deems appropriate in the circumstances; (c) Recover from 'Tenant, upon demand'an amount equal to: (1) the aggregate amount of six (6) months' unpaid rent due to Landlord for the remaining and/or delinquent portions of the Term of this Lease; provided that, beginning in the calendar month following the event of default, Tenant shall resume monthly payments consistent with Section 4 of this Lease until the aggregate amount of all unpaid rent due to Landlord for entire Term of this Lease has been paid; provided, however, in the event Landlord resets the Leased Premises during the Term hereof, Landlord shall give credit to Tenant for one hundred percent (1.00%) of the rent actually collected by Landlord with respect to the 'Vertu of such Lease coinciding with the Term of this Lease; plus (2) all of Landlord's costs and expenses (including attorneys' fees and other legal expenses) incurred by Landlord by reason ol'sueh d0bult or other"ise ill Connection with retaking possession of the Leased Premises and relettingg, lite same, specific,111N including without limitation the cost of making any repairs to the Leased Premises lVtlue4t.xl by the replacetitent tenant. (d) Exercise any either right or remedy available at law, in equity, or otherwise. Pursuit of any one or more of the foregoing remedies shall not prejudice the rights of Land lord to pursue any other remedies available at law or in equity, nor shall pursuit of any remedy provided herein constitute a forfeiture or waiver of any rent due to Landlord hereunder or any damages incurred by Landlord by reason of such default. 23. 1.A3 DLOR1) TLVAt'! Rt.rerl:lalt:5. Landlord shall be deemed in breach of this Lease if Landlord should fail to perform or observe, in any material respect, any Landlord obligation hereunder and such obligation remains uncured/tinperformed for a period of thirty (30) days following Landlord's receipt of written notice from Tenant setting forth in reasonable detail the nature arid extent of the Landlord default and identifying the applicable Lease provision(s): provided, however, that if the nature of Landlord's breach of this Lease is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed a default if Landlord continences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. and such completion of the cure occurs within ninety (90) days of the date on whieh Landlord breached this I.e:a�r. In addition to silly other remedirsavailnhleai Iim orequit�, fcrtallt lnay elect to (i) cures such defhult and of s-er the cost ofrente deme said delilulr og;unst rttt% rent due or (ii) terminate [his Least. `f inane shall notily Landlord in tiN citing of its election trnelcr Clause (ii) acid shrill include: the termination date:.of the Lease in said notice. Upon the date set forth by Tenant in its election notice, Tenant shall surrender the Leased Premises to Landlord and Tenant shall have no further obligation or liability under this Lease, except those that expressly survive termination. Pursuit of any one or more of the foregoing remedies shall not prejudice the rights of Tenant to pursue any other remedies available at law or in equity. 26. 1AMNI JOYMLyr. Landlord represents and warrants that it has full right. power and authority to make this Lease and enter into this Lease. Provided that 'Fe nant fully and timely performs each and every one of its obligations and covenants contained herein and is not otherwise in default hereunder, Landlord covenants that Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises during the Term hereof and any renewal thereof fi•ee from interference from Landlord and all those persons claiming by or through Landlord save and except any mortgagee. 27. 1tt IRESE%NTA'I'IONS AND WAR RAN OF �1'tiryAN+'I'. Tenant hereby represents and warrants to Landlord that: .12— (a) _(_)ru;uri/..ation and Good Standing. Tenant is a limited liability company duly organized, validly existing, and in good standing under the lavas of the State of Arkansas, with full company power and authority to execute, deliver; and perform this Lease and to own and operate its properties and carry on its business as presently conducted. (b) Authority. Tenant has the requisite power and authority to enter into this Lease and to perform its obligations and covenants hereunder in the manner provided herein. The execution and delivery of this Lease by Tenant has been duly authorized by all requisite company action and no other proceedings on the part of Tenant are necessary to authorize the execution, delivery, and performance of this Lease. (c) V . This Lease has been duly'executed and delivered by Tenant and constitutes the legal, valid, and binding obligation of Tenant, enforceable against Tenant in accordance with its terms, except to the extent that such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, nonprofit corporation, or other similar laws affecting the enforcement of creditors' rights or by general principles of equity. (d) No Violations. Neither the execution and delivery of this Lease by Tenant, nor the performance by "tenant omits obligations and covenants hereunder will (i) violate, conflict with, or result in a breach of any of the terms, conditions or provisions of or constitute a default Linder (or an event which, with notice or lapse of time or both, would constitute a default under) any note, loan, mortgage, indenture, deed of trust, license, lease, agreement, or other instrument or obligation to which Tenant is a party or to which it or any of its properties or assets may be subject or (ii) violate any judgment, ruling, order, writ, injunction, decree, statute, rule, or regulation applicable to Tenant or any of its properties or assets. 28. REPRESENTATIONS AND WARRANTIES OF LANDLORD, landlord hereby reprFsents and warrants to Tenant that: (a) Organization and Good Stand ;. Landlord is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Arkansas. with full company power and authority to execute, deliver, and perform this Lease and to own and operate its properties and carry on its business as presently conducted. (b) Authority. Landlord has the requisite company power and authority to enter into this Lease and to perform its obligations and covenants hereunder in the manner provided herein. The execution and delivery of this Lease by Landlord has been duly authorized by Landlord's Managers and no other company proceedings on the part of Tenant are necessary to authorize the execution, delivery, and performance of this lease. (c) Vnlidiity. This Lease has been duly executed and delivered by landlord and constitutes the legal, valid, and binding obligation of landlord, enforceable against Tenant in accordance with its terms, except to the extent that such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting the enforcement of creditors' rights or by general principles of equity. -13- 29. No BROKER OR AGENT. Landlord and Tenant each represent and warrant that they have not employed a real estate broker or agent in connection with this transaction, or otherwise have taken any action which would subject either party to liability for any commission or fee. Each party agrees to indemnify and hold the other party harmless from and against the assertion or imposition of any commission or fee asserted or charged by any broker or agent on such party's behalf. 30. RULES of BUILDING. Tenant shall comply, and cause Tenant's agents, employees. invitees and visitors to comply fully with all requirements of the rules of the Building which may be reasonably made by the Landlord, and any reasonable amendments or modifications thereto which do not conflict with the terms of this Lease. The Rules and Regulations of the Building are attached hereto as ExHIBIT D and made a part of this Lease. 31. GUARANTY OF LEAST. The obligations, liabilities and responsibilities of 'Tenant pursuant to this Lease, specifically including without limitation, the payment and performance thereof, are fully and completely, jointly and severally, guaranteed by each of the individuals andlot entities who have signed their name as a Guarantor pursuant to the Guaranty attached to this Lease, which Guaranty is incorporated herein by this reference. 32. MISCELLANEOUS. (a) Fe sol' Legal C'ounscl. In the event either party to this Lease shall employ legal counsel to protect its rights hereunder or to enforce any term or provision hereof, the party prevailing in any such action shall have the right to recover from the other party all of its reasonable attorneys' fees and expenses incurred in relation to such claims. (b) Further Assurances. The parties agree that from time to time hereafter. upon request, each of them will execute, acknowledge and deliver such other instruments and documents and take such further action as may be reasonably necessary to carry out the intent of this Lease. (c) Modification. No provision contained herein may be modified, amended or waived except by written agreement or consent signed by the party to be bound thereby. (d) Binding Effect and Benefit. This Lease shall inure to the benefit of, and shall .be binding upon, the parties hereto; their heirs, executors, administrators, personal representatives, successors and permitted assigns. (e) Ilead ing,s and CypCions. Subject headings and captions are included for convenience purposes only and shall not affect the interpretation of this Lease. (f) Notice. All notices, requests, demands and other communications permitted or required hereunder shall be in writing, and shall either be (i) delivered in person, (ii) delivered by express mail or other overnight delivery service providing receipt of delivery. (iii) -14- inailed by certified or registered mail. postage prepaid, return receipt requested, or (iv) by electronic mail with .pdfattachment or other electronic transmission as follows: If to Landlord, addressed or delivered in person to: Imergent Industries. LLC, Attn: Samuel Stephenson, Manager 495 W. Prairie St., Unit 103 Fayetteville. Arkansas 72701 E-mail: pmiriestbandt@gmail.com If to Tenant, addressed or delivered in person to: i { AIM: iLI`-! 1e3 or to suclt other address as either part), may designate by notice. Any such notice or communication, if given or made by prepaid. registered or certified mail or by recorded express delivery. shall be deemed to have been made when actually received but not later than three (3) business days atter the same was posted or given to such express delivery service and if given or made by facsimile or electronic transmission shall be deemed to have been received at the time of dispatch. (g) If any portion of -this Lease is held invalid, illegal or unenforceable. such determination shall not impair the enforceability of the remaining terms and provisions herein. (h) Time for Pcrforinan or ,. Time is of the essence in this Lease. (i) Waivc.r. No waiver of a breach or violation of any provision of this Lease shall operate or be construed as a waiver of any subsequent breach or limit or restrict any right or remedy otherwise available. (j) 1tkhts and Remedies Cumulative. The rights and remedies expressed herein are cumulative and not exclusive of any rights and remedies otherwise available. (k) Throughout this Lease, the masculine shall include the; feminine and neuter and the singular shall include the plural and vice versa as the context requires, (1) I'mire /iureernent, This document constitutes the entire agreement@of the parties and supersedes any and all other prior agreements, oral or written, with respect to the subject matter contained herein. -15- (m) Governing Law. This Lease shall be subject to and governed by the laws of the State of Arkansas. ' (n) Incorporation by Itercrencc,. All exhibits and documents referred to in this Lease shall be deemed incorporated herein by any reference thereto as if fully set out. (o) Counterparts. This Lease may be executed in two or more counterparts and/or by facsimile, scanned attachment by electronic mail or transmission or facsimile transmission, or electronic signature (e.g., HelloSign, Docusign, etc.) each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than one counterpart. (p) 'Third Party Beneficiaries. This Lease shall not create any rights for the benefit of any third party. (q) Authority. Each individual signing this Lease in a representative capacity acknowledges and represents that he/she is duly authorized to execute this Lease in such capacity in the name of, and on behalf of, the designated corporation, partnership, trust, or other entity. (r) loins Preparation. This )cease shall be deemed to have been prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall not be interpreted against any party by reason of its drafting of this Lease, but shall be interpreted according to the application of the rules of interpretation for arm's length agreements. RCMAINDCR OFPAGE INTENHONALLY BU NK; SIGNATURE PAGE FOLLOWS] -16- IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement effective as of the day and year aforesaid. LANDLORD' TMERGENT INDUSTRIES, LLC By: intiel Stephenson, Authorized Manager TENANT; By, [Signature rage to Lease by and between Imergent Industries, LLC and Dinosaur Sr., Inc.] REMIS s "RPLAN (attachM hereto) [Exhibit A to Lease by and between Imergent it du5tries, LLC and Dinosaur Sr., Ing;] EXHIBIT B TL,%A%,T's ARcm I FA URAV PIANS (attached hereto) [Exhibit B to Lease by alid between Imergent Industries, LLC and Dinosaur Sr., Inc.) C E ryi s iND (attached hereto) [E'xhibit D to Lease by and between Imergent Industries, LLC and Dinosaur Sr., Inc.] C.1 Fayetteville Police Department Regular Stipulations to Private Club Applications The Fayetteville Police Department approves of this private club application with the following stipulations: 1. The business owner and business manager shall comply with all City of Fayetteville and Arkansas Alcohol Beverage Control (ABC) permitting regulations. 2. The business owner or business manager shall contact the Fayetteville Police Department's Community Oriented Policing Division to schedule training for their staff to properly identify fraudulent ID's. 3. It is recommended that the business owner and business manager research different phone apps or programs to assist their employees in identifying fraudulent ID's. 4. A multi -camera Surveillance system must be installed on the inside of the business to provide video surveillance of the main entrance/exit, bar area and registers. 5. The business owner and business manager shall provide a "good neighbor" policy to surrounding businesses and residents of the private club. 6. The private club representative who holds the ABC alcohol permit shall obtain the minimum training requirements as a Private Security Officer (PSO) as defined in Arkansas Code Annotated 17-40-208. Upon completing the training, the private club representative shall receive a PSO training certificate. Anytime the ABC permit holder changes and a new ABC application for a "Change of Manager / Additional Stockholder(s) / Partner(s)" is completed, the newly approved ABC permit holder shall obtain the Private Security Officer training and certification as outlined in A.C.A. 17-40- 208. The applicant will contact the Fayetteville Police Department's Special Events Division supervisor at 479-575-8350 to obtain additional information to complete this training. 7. Upon completion of the required PSO training, the private club ABC permit holder shall provide a copy of their PSO training certificate to the Fayetteville Police Department's Special Events Division supervisor. Smith, Lorinda From: Pennington, Blake Sent: Tuesday, May 01, 2018 8:59 AM To: Smith, Lorinda Cc: CityClerk Subject: FW: Prairie St. Bar & Tap Attachments: Private Club Stipulations 4-30-2018.doc Could you please add this as additional information to the Dinosaur Sr d/b/a Prairie Street Bar & Tap packet? Thank you, Blake From: Tabor, Greg Sent: Tuesday, May 01, 2018 8:44 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: Prairie St. Bar & Tap Blake, Here are the stipulations that were in the Laserfiche packet. We amended #6 to talk about getting the training and a certificate instead of a state PSO license. Please let me know if you need anything else. Sammy and Dan seem to be calling a lot of people about this. If they have further questions the best person for them to talk with is Sgt. Mackey. Thanks, Greg From: Pennington, Blake Sent: Friday, April 27, 2018 9:49 AM To: Tabor, Greg <gtabor@favetteville-ar.gov> Subject: Prairie St. Bar & Tap Chief, I got a call this morning from Dan Daniel and Sammy Stephenson who are owners/managers of the Prairie St. Bar & Tap. They were a little concerned about the security training condition you asked them to fulfill and wanted to make sure that: 1) it was in writing so they were clear on the condition; and 2) that it could be added to the ordinance packet since the comment you made was about becoming a certified Private Security Officer. Dan said you told him that the Phase I training would be sufficient — I'm not sure what all that entails but it would be fair to update the ordinance packet with an addendum clarifying that requirement. Is this something that's generally required for a bar to get its license? Thanks, Blake Blake E. Pennington Assistant City Attorney NoRTHWESTARKANSAS TN Democrat One& r a ;}, COXYJtr..i h ? _, 7 k I—,.�, A}is , G..:G r c^.<.[ 7f e n s f _ AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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. 6055 Was inserted in the Regular Edition on: April 12, 2018 Publication Charges: $ 81.90 Cathy Wiles Subscribed and sworn to before me This 1 *6 day of ae4� i- , 2018. Notary Public ds My Commission Expires: Z/l i✓( L'$ TAMMIY RUSHER Notary Public — Arkansas N/ashington County Commission :12703120 69y Ccmmissicr Expires Feb 12. 2028 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED CI i Y �,"rnrn � vrh" ,L Ordinance: 6055 File Number: 2018-0152 DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM PRIVATE CLUB PERMIT: AN ORDINANCE TO APPROVE THE APPLICATION OF DAN G. DANIEL, ON BEHALF OF DINOSAUR SR., INC. D/B/A PRAIRIE STREET BAR & TAPROOM FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 495 WEST PRAIRIE STREET 4103 WHEREAS, Act 1112 of 2017, which amended the pennitting procedure set forth in Ark. Code Ann. S 3-9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a pennit 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 Dan G. Daniel, on behalf of Dinosaur Sr., Inc. d/b/a Prairie Street Bar & Taproom, a copy of which is attached to the agenda request form, for a pennit to Operate as a private club in the City of Fayetteville at 495 West Prairie Street #103. PASSED and APPROVED on 4/3/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74489475 April 12, 2018