HomeMy WebLinkAboutOrdinance 6404113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6404
File Number: 2020-1066
CLUB RUSH HOOKAH AND CIGAR LOUNGE:
AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON
BEHALF OF CLUB RUSH HOOKAH AND CIGAR LOUNGE, FOR A PERMIT TO OPERATE
AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 550-B WEST DICKSON
STREET
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 Sami Ammar Haddaji, on behalf of Club Rush Hookah and Cigar Lounge, a copy of which is
attached to the agenda memo, for a permit to operate as a private club in the City of Fayetteville at
550-B West Dickson Street under the conditions set forth in Section 2.
Section 2: This approval is subject to the following conditions, which must be satisfied prior to the
issuance of a City private club permit:
I . The business owner and business manager shall comply with all City of Fayetteville and
Arkansas Alcohol Beverage Control (ABC) permitting regulations.
Page 1 Printed on 1/20/21
Ordinance 6404
File Number 2020-1066
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 IDs.
It is recommended that the business owner and business manager research different
phone apps or programs to assist their employees in identifying fraudulent IDs.
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 as defined in Arkansas Code
Annotated 17-40-208. Upon completing the training, the private club representative shall
receive a Private Security Officer 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.
Upon completion of the required Private Security Officer training, the private club ABC
permit holder shall provide a copy of the training certificate to the Fayetteville Police
Department's Special Events Division supervisor.
PASSED and APPROVED on 1/19/2021
Attest:
Kara Paxton, City Clerk �r`i• •`;:F,9���.
,��_��� • GAT Y O'c •sG��':
FAYETTEVILLE;�=
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Page 2 Printed on 1120121
City of Fayetteville, Arkansas 113West Mountain Street
rw \` Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-1066
Agenda Date: 1/19/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B 3
CLUB RUSH HOOKAH AND CIGAR LOUNGE:
AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF
OF CLUB RUSH HOOKAH AND CIGAR LOUNGE, FOR A PERMIT TO OPERATE AS A PRIVATE
CLUB IN THE CITY OF FAYETTEVILLE AT 550-B WEST DICKSON STREET
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 Sami
Ammar Haddaji, on behalf of Club Rush Hookah and Cigar Lounge, a copy of which is attached to the agenda
memo, for a permit to operate as a private club in the City of Fayetteville at 550-B West Dickson Street under
the conditions set forth in Section 2.
Section 2: This approval is subject to the following conditions, which must be satisfied prior to the issuance of a
City private club permit:
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
IDs.
3. It is recommended that the business owner and business manager research different phone apps or
programs to assist their employees in identifying fraudulent IDs.
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
City of Fayetteville, Arkansas page I Printed on 112012021
File Number 2020-1066
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 as defined in Arkansas Code Annotated 17-40-208.
Upon completing the training, the private club representative shall receive a Private Security Officer
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 Private Security Officer training, the private club ABC permit
holder shall provide a copy of the training certificate to the Fayetteville Police Department's Special
Events Division supervisor.
City of Fayetteville, Arkansas Page 2 Printed on 112012021
City of Fayetteville Staff Review Form
2020-1066
Legistar File ID
1/5/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Deputy Chief Jamie Field 12/2/2020
Submitted By Submitted Date
Action Recommendation:
POLICE (200)
Division / Department
Staff recommends approval of the private club application for the Club Rush Hookah and Cigar Lounge.
Account Number
Project Number
Budgeted Item?
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
O
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
r4d; CITY COUNCIL AGENDA MEMO
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 5, 2021
TO: Mayor and City Council
FROM: Jamie Fields, Deputy Chief of li
DATE: December 1, 2020
SUBJECT: Private Club Application for "Club Rush Hookah and Cigar Lounge"
RECOMMENDATION:
Staff recommends approval of this private club application with stipulations for Club Rush
Hookah and Cigar Lounge
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:
Sami Haddaji submitted a City of Fayetteville private club application on October 29, 2020 for
private club "Club Rush Hookah and Cigar Lounge". Please refer to the list of internal
stipulations on page 4 of the attached private club application. The previously established
internal stipulations were provided by City Attorney's office, Chief of Staff, and the police
department.
BUDGET/STAFF IMPACT:
The item has no impact on city budget or staffing.
Attachments:
Private club application for Club Rush Hookah and Cigar Lounge.
Mailing Address:
113 W. Mountain Street www.fayetteviIfe-ar.gov
Fayetteville, AR 72701
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, and the ABC permit holder shall be
required to be retrained every two (2) years. 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.
121112020 Staff Review
�.
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:/Iwww.fayetteville-ar.gov/3263/Address-Verification
Please ppage 1 and 2 of the "Official Address Verification" letter.
4. Please upload all necessary documents and fill out all the information. You do not have to fill out the !Notarization
section at this time.
5. Submit the form without filling out notarization section. You can at this time download and print the form.
6. When your completed application has been received, your request will be added to a City Council agenda for a
public hearing and you will be notified of the date of the meeting. Please plan to attend the meeting to present your
proposal to the City Council and answer any questions Council Members may have
7. Once the Ordinance is passed by the city, you will be notified.
8. You will send the Ordinance to ABC, so that ABC can mail you the Permit.
9. You will finally submit the Notarized copy of this application, a check in the amount of $250 and the State Copy
Prerequisites
ABC Application Upload
Haddaji.ABC Application.pdf
121.05KB
Official Address
Upload
Verification
Haddaji.Address Verificatior.pdf
195.88KB
Member List
Upload
Haddaji.Member List.pdf
281.14KB
(No less than 100 members)
Lease/Deed
Upload
agreement
Haddaji.Lease.pdf
1.01MB
(for the building that will be used)
https:llcot-Ifforms.city.fyv.usIFormsffoffnlapproval/0ag7d376-d356Ae96-segbA46b67fae2319hideHeader-true 1/5
12/1 /2020 Staff Review
Certificate of Good Upload
Standing Haddaii.Certificate of Good Standing.pdf 52.28KB
Start Application
I (We) do hereby make application to the City of Fayetteville, Arkansas, for a Private Club Permit.
Private Club Name Club Rush Hookah and Cigar Lounge
Business Address Street Address
550-B W. Dickson Street
Address Line 2
City State / Province / Region
Fayetteville Arkansas
Postal / Zip Code
72701
Is Mailing address Yes v
same as Billing
address
List All Persons Owning or Holding an Interest in the Private Club (Attach supplement, if necessary)
Name
Address (#, Street, City, State, Zip)
Phone
Birth Date
Sami Haddaji
2128 N. Garland Ave., #1, Fayettt
479-228-8530
01/29/1986
000-000-0000
mm/dd/yyyy
Trisha Caldwell
2128 N. Garland Ave., #1, Fayettt
479-601-3969
01/13/1976
000-000-0000
mm/dd/yyyy
Add
Owner of building in which business is located:
Name Address Phone
https:/lcof-Ifforms.city.f*usIFormslformlapproval/Oa97d376-d356-4e96-aegb-446b67f8e2311hideHeader--true 2/5
12/1/2020 Staff Review
Fayetteville Depot, LLC c/o Greg House 217 N. East Ave., Fayetteville, A 479-521-9155
000-000-0000
Add
Date Club Organized 06/28/2004
mm/ddlyyyy
Current Number of 105
Members
Amount of $5
Membership Dues
Check One Q Annual Lj Monthly j N/A
Method used for ❑ Locker System (Beverages owned by members individually) :
dispensing alcoholic Pool or revolving fund system (Beverages owned in common by membership) :
beverages:
Applicant's Name Sami Haddaji
(Please Print) (Must be person listed on State Permit)
Title President/Director
Date of Birth 01/29/1986
mm/dd/yyyy
Applicant's
signature 1w #W14G
(Must be person listed on State Permit)
Notarization
Subscribed and swom before me this
day of
,20
Notary Public
https.11cof4ffomts.city.fyv.us/Formalform/approvaUOag7d376-d356-4e96-aegb446b67ff23i?hidsHeader-true 36
12/112020 Staff Review
(Seal)
Internal
My commission expires
Police Comments 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 Us.
3. It is recommended that the business owner and business manager •
Attorney's Office No comments.
Comments
Chief of Staff I agree with the stipulations as specified by Sgt. Lindley and the Police
Comments Department.
https://cof-ifforms.city.fyv.usIFormstform/approva110a97d376-d366-4e96-aegb-446b67f8e2317hideHeader—true 4/5
1211l2020
Staff Review
Chiefs Comments All FPD stipulations have been outlined by Sgt. Lindley in the Police Comments
section. Arkansas Code Annotated 3-9-222 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.
Mike Reynolds
Chief of Police
Final Comments *
Comments
https:llcof--I(forms.city.fyv.us/ForrnaMormlapproval/Oa97d376-d356-4e96-ae9b-446b67f8e2317hIdeHeader=true 515
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
APPLICATION FOR PRIVATE CLUB PERMIT
Private Club
Permit No. 04224
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.
Deia Vu Dueling Pianos, Inc. FEIN#
Non -Profit Corporation
APPLICANT ON BEHALF OF CLUB Sam!
First
Middle
Haddaji
Last
HOME ADDRESS 2128 N. Garland Ave., #1, Fayetteville 72704 Washington
Street y City Zip County
BUSINESS NAME Cluh Rush Hookah and Cigar Lounge
BUSINESS ADDRESS , 550-B W. Dickson St. 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:
Favetteville Depot, LLC c/o Greg House 217 N. East Ave.. Fayetteville, Arkansas 72701
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 X Locker
Does anyone now hold an alcoholic beverage permit a this location? Yes
If so, give
name, address and permit no. (s) Sami Haddaji, 550-B W. Dickson Street, Fayetteville Permit No. 04224
Amount of Dues $ 5 ANNUAL (A) MONTHLY ()
Give names and addresses of all officers/directors of the non-profit organization:
NAME TITLE ADDRESS
2128 N. Garland Ave., #1
Sami Haddaii President/Director Fayetteville, Arkansas 72704
2128 N. Garland Ave., #1
Trisha Caldwell Secretary/Director Fayetteville Arkansas 72704
Has any member of the club's board of directors or other governing body, or any
club officer, been under the sentence, whether suspended or otherwise, of any court
for the conv%tion of a felony rvlthin two (2) years preceding the date of this
application? YES NO � X Tf yes, please explain
Signed this _A(D day of akv ,('
Signa`" p licant/ Managing Agent
�(r-n,tA t_,4,
Official Title
Subscribed and sworn to before me this 2G day of
i
a
Notary Public
My Commission Expires: TEO
�.�``�►�� tss+aiv'"�9Q'''rs
• 0'1'�t y
THE CITY OF FAYETTEVILLE, AR
October 20, 2020
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
ZIP CODE
COUNTY PARCEL
550 W DICKSON ST 2
72701 I
765-12875-000
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
gis fayetteville-ar.cgov
550 W DICKSON ST 2, FAYETTEVILLE, AR 72701
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Adams. Cameron 474 N Coral Canyon Apt. 423 Fayetteville, AR 72703
Allred. Jcob 15412 meadow In Lowell AR 72745
Alvarez, Luis 2323 W Beechwood Dr, Rogers. AR 72756
Balbad, Farris 655 Whitham, Fayetteville, AR 72701
Bell, jay 2343 N Hatterly Ln, Fayetteville, AR 72704
Bell, Bryan 2343 N Hatterly LN, Fayetteville, AR 72704
Benton, Christen 3727 Rebecca Dr, Greenwood, AR 72937
Betts, Danielle 1953 Citrine Link, Fayetteville, AR 72701
Bonds, Tiffany 708 Greenway St., Lowell AR 72745
Burdick, Daniel 4621 W Mountain Grove Rd, Alma, AR 72921
Burdict Nathan 9927 Booth Rd, Mulberry, AR 72947
Castillo, RJ 9220 WPA Rd, Gentry, Ar 72734
Cervantes, Carlos 1106 Rozell St, Rogers, AR 72756
Clark, Jennifer 925 E. Jackson Dr, Fayetteville, AR 72701
Cluck, Madison 300 cabana- Cay circle, #121 Panama City,FL 32413
Coalz, Katherine 2064 Peridot PI, Fayetteville, AR 72703
Collins, Debra 226 E 13th St, Fayetteville, AR 72703
Convirs, Charity RR 2 Box 1751 Sbiwell, OK 74960
Convirs, Chris RR 2 Box 1751 stilwell, OK 749
Convirs, Hope 1188 N Haven Dr, Apt. D101 Fayetteville, AR 72703
Convirs, Minnie RR 2 Box 1751 stilwell, OK 74960
Creekmore, Jeff 1007 S 1st. St, Rogers, AR 72756
Daine, Ronald 226 E 13th St, Fayetteville, AR 72703
Dans, Lena 12461 Paige Ln Farmington, AR 72730
Darafree. Jacob 716 E Sumac ST, Rogers, AR 72756
De La Luz, Itzel 561 Caboose Ln #104 Springdale, AR 72764
Debbie maples 202 W. Caldwell St., Fayetteville AR 72703
Deloach, Seth 988 S Kin fisher Ln, Fayetteville, AR
Diaz, Monica 1877 N Batsford Dr, Rogers, AR 72704
Dinku. Meti 833 W Sycamore St. Apt. 2 Fayetteville, AR 72701
Dinku, Yadi 833 W Sycamore St, Apt. 6 Fayetteville, AR 72701
Fry, Jackie 1384 Kay Lyn Dr, Pea Ridge, AR 72751
Gasasu, Eddy 707 W Treadwell St, Fayetteville, AR 72701
Gasasu, Mike 707 W Treadwell St, F etteville, AR 72701
Gedinoz, Victor 501 E Pinion, Rogers. AR 72756
Gil en, Chandler 2303 W Worthington Ave, Bentonville, AR 72713
Gonzales, Janet 2504 SW Ryder St, Apt. 36 Bentonville; AR 72712
Gonzalez, Eddie 7483 Newport Dr, Apt. 9, Rogers. AR 72703
Greene, Alissa 5900 Kinhead Ave, Fortsmith AR 72903
Guest, Sydney 402 Bilek Dr, Texarkana, TX 75501
Gus, Facio 606 S West End St, S do dale, AR 72764
Hardin, Timothy 1713 S Q St Fortsmith AR 72903
Herera, Chris 3000 N Dixieland Rd, Rogers, AR 72758
Hemandez, Jessica 206 Sage St. Springdale, AR 72764
Hightower. Ashleigh 1720 River Overlook Loop, Van Buren AR, 72956
Hishtower, Mike 3027 S 66th St, Fort Smith, AR 72903
Holcomb. Clifton 165 Terry st Farmington, AR 72730
Jeffries, Elizabeth 1301 Avenue 3 Southeast Atkins AR 72823
Jones, Kelley 3191 dogwood views rin dale AR 72702
Ka a u, Sheila 763 W Rainbow dr Fayetteville AR 72703
Kamarade Douglas 850 n Oakland Ave Apt 4 Fayetteville AR 72701
KAMARADE. LIZ 850 N OAKLAND ave Apt 4 fa etteville AR 72701
Kamarade, Sonia 1010 S Dunn st apt 203 fa etteville AR 72701
Knight, Ton a 260 W. MLK Boulevard Fayetteville, AR 72701
Labelle, Kevin 2024 N Shannon Dr Fayetteville AR 72703
L.a ueux, Jay 2606 E central Ave #21 bentonville AR 72712
Lamb, Jessica 260 W. MLK Boulevard Fayetteville Arkansas 72701
Lamb, loweil 360 Gillette Ln., Clinton, AR 72031
Leal, Alberto 1421 mulberry IN, bethel heights AR 72764
Leal, cados 578 mulberry IN, bethel heights AR 72764
Lenmmon, Jenna 1007 S 1ST ST roers AR 72756
Lewis. Colton 692 North Wordsworth Lane Fayetteville AR 727704
Lions, Daniel 360 Gillette Ln., Clinton, AR 72031
Lopez. Alex 6001 W knoll view way Rogers AR 72758
Louis, Colton 692 N. wards worth Ln., Fayetteville, AR 72704
Lynn, Tori 1223 N haven dr Apt E 401 Fayetteville AR 72703
Maurer, Zach 14850 Ireland Ln., Frisco, TX 75035
Melon , melong 2722 Crooked Creek Circle, Springdale AR 72764
Neiderbaumer, Liam 15206 N. Laurma Ln. fountain Hills AZ 85268
nun, Maggie 1914 Willow Ridge Ave., Springdale AR 72764
No a, aubin 707 W. Treadwell St. Apt seven Fayetteville, AR 72701
O'Connor, Erin 1833 E. Viewpoint Dr. Fayetteville AR 72701
Peredo, lourdes 7274 Hayden Way Springdale, AR 72762
Phelan, Cherokee 2550 Iron Ave., Farmington, AR 72730
Pineda, David 1110 S. C Court, Rogers, AR 72758
Quezada, mano 406 W. East St, Rogers, AR 72756
Ramirez. Edwin 501 E. Pinion St., Rogers AR 72756
Ramos. Nico 2020 N. Chestnut Ave., Apt 12 Fayetteville, AR 72703
Rice. Abigail 1404 Abraham Dr., Siloam S rin s AR 72761
Roberts, Austin 1404 Abraham Dr., Siloam Springs AR 72761
Samuel Manson 1211 W. James St., Fayetteville 72703
Sandoval, 'ose 602 Topaz St, Lowell AR 72745
Schmidt, Mary 1107 Rozell St Rogers, AR 72756
Schmidt, Shannon 1107 Rozell St Rogers, AR 72756
Schultz, grant 3000 S. 28th PI. Rogers, AR 72758
Seifu, Johannes 1571 N. Leverett Ave. apartment 51, Fayetteville, AR 72703
Seifu, Nehemia 833 W. Sycamore St. Apt. six Fayetteville, AR 72703
Seifu, Rebecca 833 West Sycamore St., Apt. 6, Fayetteville, AR 72701
Stags. Tyler 4609 County Creek Drive unit 1018, Dallas, TX 75236
Stratton, Sandra 165 Terry st Farmington, AR 72730
Thomas, charu 1223 N. Hamann Dr. Apartment E401 Fayetteville AR 72703
Toros, Pamela 709 N. Arkansas St. Rogers AR 72756
Tumer, Kelsey 219 apartment a Raven Wood St., SiloamS rin s, AR 72761
Vinson, Thomas 702 Janet St., Springdale AR 72762
Wappler, Paul 17 Carroll Dr., Bella Vista AR 72714
Ware, Shawna 606 SW. End St., Springdale AR 72762
White. Lathan 10080 N. 427 Rd., Hulbert Oklahoma 74441
Xion . Lily 1106 W. Cunningham Ave. Rogers AR 72758
Zanotto, Bethany 688 N. Leverett Ave. Fayetteville Arkansas72701
Zinc, Jack 3315 Hill Ave., Fayetteville AR 72701
COMMERCIAL
LEASE CONTRACT
Date Jantiar; 0 2t)tL
IT 15 U(IDERSTOOD, COVENANTED AND AGREED that In consideration of the promises
contained herein, the rent herein reserved, and of the covenants herein contained by sa;d Lessee to ne
performed, the Lessor hereby leases to the Lessee, and the Lessee hereby agrees to lease from the
Lessor. 55C B West Dickson -St Fayetteville, AR 72701 , hereafter the Leased Premises, according
to the following terms and conditions
1. PARTIES: This Lease is between_H_ADDA.JIAMIR LLC (Lessee), and SarniHaddaji
as Guarantor, and I louses Incorporated. agent for owner, Fayetteville Depot, LLC. With offices at
217 North East Avenue, Fayetteville, AR 72701 (Lessor), for use as a hookah bar only.
2. LEASE TERM: The Initial term of the Lease shall be for 2 Years and shall begin
on Fehniary ly 2010 _ and shall end on January 31 2020
3_ RENT: Lessee will Gay as rent _�!t8.000.00/annum for the initial term, payable in installments of
S4000.00 per month. The monthly rent shall be payable, without demand, at Lessor's
office at 217 North East Avenue, Fayedeville, AR 72701. on or before the first (1") day of eacli month. If
all rent is not paid on or before the third (31h) of the month, Lessee agrees to pay a tale charge of 5% of
amount due plus $50 00 per day thereafter until paid. Rent unpaid after the seventh (71") day of the month
is delinquent and will authorize all remedies In the Lease. Lessee agrees to pay a $25.00 charge per check
for any returned checks.
4. OPTION TO RENEW: Provided that this Lease is then in full force and effect and has not been
terminated by lessor or Lessee, i.essee shall have the opt:on to renew this Lease for an additional year
at $4.500.00/ month Following year 3 of this lease and promded all terms and conditions of this lease have
been met by Lessee, Lessee to have an additional option term of 3 years Rent for said option term to be
negotiated and agreed to 120 days before expiration of previous lease term. Base rent for each Option
Term shall be subject to the annual CPf adiustments described in paragraph 5
5. COST OF LIVING ADJUSTMENT: Sass Rent after the 1"year, shall be adjusted at the beginning
of each year during the remainder of the Lease and for each year of any Option Term, by a percentage
increase in the Consumer Price Index for all Urban Consumers (CPI-U) for the U.S. City Average for Ail
Items from the first month of the previous term year to the end of such term year. Any CPI Rate increase
to be capped at 3% per annum.
6. SECURITY DEPOSIT: Lessee will deposit with Lessor the sum of 110.000.00 Said
deposit shall be held by Lessor as security for the faithful performance by Lessee of all the terms,
covenants, and conditions of this Lease. $5,000.00 of the security deposit shall be refunded once Lessee's
improvements are completed, paid for and Lessee is open for business If at any time during or after the
term of this Lease, any of the rent or other moneys due hereunder shall be overdue and unpaid, or any
other sum payable to Lessee to Lessor hereunder shall be overdue and unpaid, Lessor may, at the option
of Lessor (but Lessor shall not be required to), appropriate and apply any portion of sa;d doposit to said
sums. Lessor and Lessee acknowledge antl agree that the aforementioned deposit and rights of Lessor
to appropriate same are not Lessor's scle remedy against Lessee for the performance of Lessee's
obligation hereunder Such remedy and the remedies set forth in the remainder of this paragraph shall not
be deemed to be the exclusive remedies for Lessee's breach of this Lease but shall be in addition to aQ
other remedies available at law or equity !o Lessor. Should Lessee comply with all of the terms, covenants
and conditions and promptly pay all of the rental herein provided as due, and all other sums payable to
Lessee to Lessor hereunder, the said deposit shall be returned in full to lessee at the end of the term of
COMMERCJAL LEASE CONTRACT
Page 1
(his Lease and/or any option period.
MAINTENANCE BY LESSEE: Lessee shall be responsible for:
a. All cleaning of the interior area of the Leased Premises, interior and exterior window
cleaning and;
b. Routine maintenance of the heating, ventilation and air-condition system, plumbing and
electrical systems.
MAINTENANCE BY LESSOR: Lessor to be responsible for:
a. All maintenance, replacement and repair to the roof, outer walls exclusive of plate glass,
and structural portion of the buildings which shall be necessary to maintain the building in a
safe, dry and tenantable condition.
b. All major repairs to HVAC, plumbing, and electrical system.
C. All grounds and parking lot maintenance.
9. REAL ESTATE TAXES, INSURANCE AND OTHER ASSESSMENTS: Lessor will pay all real
estate taxes and property damage insurance, and other assessments which are assessed or imposed
upon the Leased Premises or any part thereof, and due and/or payable during the term of this Lease.
10, UTILITIES: Lessee shall be solely responsible for and promptly pay all its utilities, including its
prorate shar for trash dumpster service based on total sq. footage of use
11. PURPOSE: Said premises shall be occupied by Lessee for the operation of a hookah bar and for
no other purpose or purposes without written consent of Lessor, such consent not to be unreasonably
withhold.
12, PROPER USE OF PREMISES: Lessee shall not perform any acts or carry on any practice which
may injure the building or be a nuisance or a menace to others, and shall keep the Premises under its
control, clean and free from rubbish and dirt of all kinds Lessee agrees to use diligence in keeping trash
and fitter picked up in the area around the premises, to keep Premises clear and free from rodents, bugs
and vermin, and to bear the expense of general extermination. The lessee shall not use or permit the
use of any portion of said Premises for sleeping apartments, lodging room, or for any immoral or unlawful
purpose or purposes.
If Lessee fails (o maintain the Premises in a neat, clean and orderly manner. Lessor may give Lessee
written notice to do so, stating with particularity the deficiencies and if Lessee fads or refuses to remedy
the situation set forth in the written notice for a period of ten (10) days. Lessor may have sucn
deficiencies corrected at the expense of the Lessee.
13. NOW COMPETE: Lessee shall have the exclusive right to operate a hookah bar at the center
and neither Lessor nor its affiliates or successors or assigns shall permk or suffer any other Lessee in the
center to operate a hookah bar Lessor agrees to enforce Lessee's rights under this Section against
other Lessees in the center using all reasonable legal means. Lessor covenants that leases in the Center
dated later in time to the dale this Lease is fully executed shall require those Lessee's to honor Lessee's
nights hereunder Lessor understands that its breach of this provision will cause Lessee irreparable harm
for which Lessee has no adequate legal remedy, and that in the event of such breach, Lessee shall be
entitled to immediately abate 50% of its Base Rent, and shall be entitled to Injunctive relief as well as all
other remedies available at law or equity. If the breach of this provision is not cured within three -hundred
and sixty-five (365) days from that date of such breach, then Lessee shall have the right to terminate this
Lease and recover from Lessor the costs of Lessee's leasehold improvements to the Premises as of the
date of such breach, decreased by amortization, based on the straight line method of amortization, over
a period equal to the length of Term of the Lease (including any Extension Options), but not to exceed
twenty (20) years
Lessee is aware of and has been provided a copy of Lessor's non -compete agreement with Chipotle
COMMERCIAL LEASE CONTRACT Page 2
Mexican Grill Furthermore Lessee or it's assigns will not offer specialized coffees ;with the exception of
Turkish tea and Moroccan coffee provided Arsaga's grants approval) or crepes In compnnt,on with
Arsaga's located tc the north of Lessee's Premises
is OCCUPANTS: Tne premises will ba occupied by Lessee and/or such officers, directors. agents,
employees, guests. mv,tees or customer; of Lessee as would be normal in the ordinary course of Lessee s
business No other occupants are permrted Res:d:ng on Uie leased premises is forbidden It is agreed
that breach of this section constitutes a default, which cannot be cured. and at the option of the Lessor•
will provide cause for immediate termination of the tenancy Whether or not the Lessor makes the election
to terminate the tenancy. Lessee and/or his co -obligors or successors agree to pay as liquidated damages
an amount equal to 11101h of the monthly rental rate then in effect, per person, per day, for each day Lessee
is in violation of the sut,�-section Said liquidated damages shall be in addition to any other remedies Lessor
may have at law or equity, or pursuant to this Lease Agreement,
15. SUBLETTING, ASSIGNMENT: The Leased Premises may not be sublet not can Lessee assign
this Lease without the prior written consent of Lessor, which Lessor will not unreasonably withhold.
16 SIGNS, AWNINGS, CANOPIES, FIXTURES, ALTERATIONS: Lessee may at ds sole cost and
expense, make such non structural alterations, additions or changes, in and to the Leased Premises as it
may desire provided, however, Lessee shall first obtain Lessor's prior wntten consent for any such non-
structural alterations, additions or changes Lessee shall not make or cause to be made any alterations,
additions or improvements or install or cause to be installed any exterior trade fixture. extenor signs.
exterior lighting, light bulbs in the units plumbing fixtures, shades or awnings or make any other changes
to the exterior without first obtaining Lessor's wntter approval and consent Lessee may make nn
afteiations, additions or changes which, in the opinion, of Lessor or its engineers, affect the stuctural
irriegnty or historical or architectural character of the Leased Premises without Lessor's prior written
consent. Lessee shall present to Lessor Plans and Specifications for any work proposed by Lessee at the
time approval Is sought and Lessor shall not unreasonably withhold such consent
17. OWNERSHIP OF IMPROVEMENTS: All alterations, additions and improvements which may be
made by either of the above parties hereto upon the Premises and which in any manner are permanently
attached to the floors, wall or ceiling, shalt be considered the property of the Lessor and shall remain with
the surrendered Premises as a part thereof without disturbance, molestation or injury at the termination of
the Lease Light fixtures, tables and chairs or seating, TVs sound or electronics, s:gnage, additional
equipment added to the Premises not Included on Exhibit A. and any other improvement that can be
reasonably detached from the Premises without damage to the Premises, will remain the property of the
Lessee and Lessee will have right to remove said improvements from Premises
1& SECURITY AGREEMENT: Any rents or other monies due the Lessor by the Lessee that are not
paid when due shall bear interest at the rate of ten percent (10%) per annum until paid.
Pursuant to the Arkansas Uniform Commercia! Code (Ark Stat 65.9-101ff), the Lessee hereby grants to
the Lessor a security interest :n all goods, wares, merchandise, fumiture and equipment in which the
Lessee has an interest and placed in or on said Premises to secure rents, other monies and interest due
or to become due to the Lessor under the Lease
It is understood between the parties that such security interest, as it pertains to items of inventory only,
shall rot be enforceable unless Lessee is in default of its obiigations under this Lease and until said items
are in possession of Lessor
Lessor agrees to subordinate its security interest herein to Lessee's purchase money lender
19 ALTERATIONS, ADDITIONS S EXTENSIONS TO THE BUILDING, COMMON AREAS, OR THE
LEASED PREMISES: Lessor hereby expressly reserves the right to make any alterations, additions, or
extensions to the building the premises, and/or common areas, including the Parking area that Lessor
deems necessary or reasonable in Lessor's sole discretion during the Lease Term Lessor reser es the
COMMERCIAL LEASE CONTRACT Page 3
right to alter Premises as may be required by any governmental authority or as may be required to reserve.
maintain, and/or protect the building or Premise. Such alterations shall not reasonably interfere with
operation of Lessee's business or in the usefulness of the Premises to Lessee for the herein stated
purpose. Any future development, alteration, addition or extension to common area, parking lot, center or
building that interferes with the operations of Lessee's business shall violate the terms of this lease and
Lessee shall have first right to terminate this lease and its sole discretion and recover from Lessor or
Landlord or Assigns the costs of Lessee's household improvements to the Premises.
20. CONDITION OF PREMISES ON MOVING IN AND MOVING OUT: Upon taking possession
Lessee accepts the premises fixtures, and/or appliances as is except for conditions matenally affecting
health or safety of ordinary persons. Lessor makes no impl(ed warranties Within 1 week after move -in.
Lessee shall note any defects or damages in the premises by notifying the Lessor in writing, otherwise,
everything will be deemed to be in clean and good condition. Within 10 days after taking possession,
Lessee shall note any defects or damages to the equipment listed in Exhibit A attached by, notifying the
Lessor in writing; otherwise, everything will be deemed to be acceptable and in operating condition. Lessee
shall have right to use ALL Items listed on Exhibit A as it sees fit Lessee is not liable for normal wear and
tear of the items listed on Exhibit A, nor will Lessee be required to repair or replace said items if they are
reasonably beyond repair as a result of normal wear and tear or length of use or if Lessee decides to
discontinue their use. Lessee will hand over any unwanted or unused contents or equipment to Lessor.
21 SUBORDINATION: This lease is subject to all present or future mortgages. deeds of trust or hens,
affecting the demised premises and Lessee hereby appoints the Lessor as Lessee's Attorney -tin -Fad to
execute and deliver any and all necessary documents to subordinate this lease to any present or future
mortgages or deeds of trust affecting the demised premises.
22 CONDEMNATION: In the event the demised premises, or any part thereof, are taken by
condemnation by the United States, the State of Arkansas, or any other governmental agency of authority
in such a fashion that Lessee cannot use the premises for its intended purposes, this lease can be
terminated at the option of the Lessor or Lessee If part of the property is condemned, the Lessee may
elect to continue under the lease and shall be entitled to equitable abatement of rent The Lessee shall be
entitled to any condemnation award allocable to improvements that the Lessee made to the property.
23. LIABILITY: Lessor will not be liable to Lessee, Lessee's agents, employees, guests. Invites.
customers, or other occupants for any damage or loss to person, entity, or property caused by other
persons Including theft, burglary, assault, vandalism, or other crimes Lessor will not be liabie to Lessee.
or any of Lessee's agents, employees, guests, invites, customers, or other occupants for personal injury
or for damage to or loss of their personal property from fire, flood. water leaks, rain, hail, ice, snow. smoke,
lightning, wind, explosions, interruption of utilities or other occurrences unless such injury, loss or damage
is caused by negligence of Lessor. Lessor will furnish locks and latches as required by statute Except as
required by statute, Lessor will furnish no additional extra locks and latches, security guards or patrols,
security lighting, security gates or fences, or other forms of security Lessee agrees to exercise due care
for the safety and security of Lessee and all persons in Lessee's premises. Lessee is urged to keep doors
and windows locked at all times,- window screens and screen doors are not to be considered as secure
windows and doors, but are furnished for ventilation purposes only Lessee acknowledges that any security
measures provided should not and will not be treated by Lessee as a guarantee against crime, but are
provided for the purpose of protecting the physical property of the Lessor and not to guarantee safety of
the Lessee If Lessee is in need of security services, Lessee should contact local law enforcement and/or
other private security companies, If Lessor's employees or sub -contractors are requested to render
services not contemplated in this Lease. Lessee agrees to hold Lessor harmless from ail liability regarding
same h is expressly understood and agreed by the Lessee that if the Lessor shall furnish any automobile
parking space, elevators or other "common areas," or any other facilities outside of the premises herein
expressly demised to the Lessee same shalt be deemed to be gratuitously furnished by the Lessor and
that if any person shall use the same, he or she does so at his or her own risk and upon the express
understanding and stipulation that the Lessor shall not be liable for any loss of property through theft,
casualty, or otherwise, or for any damage or injury whatever any to person or property unless such injury,
COMMERCIAL LEASE CONTRACT Page 4
loss or damage is caused by negligence of Lessor
24 INSURANCE: Lessee and/or its permgteo assigns under this agreement shall procure and
maintain at all Arnes during the Term, at its sole expense a colrcy or policies of uomprehensrve general
tusiness insurance, public liability insurance, liquor liability (DRAM) it appl:cable to Lessee s and/or
assign's use and Are extended coverage Crooerty damage insurance naming both Lessor and Lessce
as properly or person Such insurance shall be in an amount of at least $1,000.000 00 for general
business, public liability and liquor liability, and $500,000 00 per occurrence of damage to property or
person All insurance shall be procured from Insurance companies authorized to do business in Arkansas
and approved by Lessor, such approval shalt not unreasonably he withheld Lessee shall, within three (3)
business days of the delivery of notice that the space is ready for occupancy, and thereafter upon
request, provtdo Lessor with proof of its or assignee s procurement or maintenance cf any insurance
Each such insurance policy shall not be cancelable without 10 days' prior written notice to Lessor. If
Lessee fails to procure or maintain any insurance required hereunder, Lessor may procure or maintain
reasonable insurance and charge Lessee w1h actual expense thereof with interest at the highest lawful
rate.
25. REPAIRS AND MALFUNCTION: Lessee agrees to request ail repairs and services to writing to
Lessors designated represenative except in an emergency when telephone cWs mil be accepted Lessor
shall have the right to temporanly turn oft equipment and interrupt utilities to avoid damage to property or
to perform repairs or maintenance, which require such interruption In case of malfunction of utilities or
damage by fire, water or similar cause. Lessee shall notify Lessors representatives Lessor shall act with
diligence in making repairs, and the lease shall continue and the rent shall not abate during such periods
unless malfunctions or damages unreasonably restrict Lessee from performing usual daily work If fire or
catastrophe damages ,n the premises are substantial in the reasonable judgment of Lessor, Lessor may
terminate this Lease within a reasonable time by giving wntten notice to Lessee. If the Lease Is so
terminated, rent shall be prorated and the balance refunded along with all deposits, less lawful deductions.
26 REIMBURSEMENTS: Lessee shall promptly reimburse Lessor for any loss, property damage, or
cost of repairs of service caused in the premises or community by negligence or improper use by Lessee
of lessee's agents, employees, invites. customers, or other occupants Lessor will not be liable for and
Lessee shall pay for the following if it occurs during the lease term or renewal period (a) damage to doors,
windows, or screens unless due to negligence of Lessor. (b) repair costs and damages from plumbing
stappages in lines exclusively serving Lessee's premises and (r,) damages Irom windows or doors left
open: Lessors failure or delay rn demanding rent, damage reimbursement, late -payment charges. returned
check charges, or other sums due by lessee shall not be deemed a waiver, and Lessor may require
payment of same at any time, including deduction from security deposit Lessor may require advance
payment for repairs for which Lessee is liable
27 LESSEE INDEMNIFICATION OF LESSOR: Lessee will indemnify defend and hold harmless
Lessor from and against any and all loss, cost, claims, damages, actions, liability and/or expense in
connection with loss of life. personal injury and/or damages to property, tangible or intangible, including
the Leased Premises, and any personal property brought onto the Leased Premises arising from or out of
any occurrence In, upon or at the Leased Premises, or the occupancy or use by Lessee of the Leased
Premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, Lessees
agents employees, invites, guests, contractors, sub -!eases. concessionaires or customers. In the evert
Lessor, shall, without fault on its par.. be made a party to any litigation commenced by or against Lessee.
then Lessee shall indemnity, defend and hold Lessor harmless and shall pay ail reasonable costs,
reasonable expenses and reasonable attorney's fees that may be incurred or paid by Lessor in enforcing
the covenants and agreements in this Lease.
28. HOLD -OVER: If Lessee holds over without Lessors written permission and fails to move out on or
before the exact date required under this Agreement (I.e., the end of the lease term or the end of the month
of any renewal or extension term, as set forth in the written notice of termination), Lessee shall be liable to
pay double rents for the hold -over period ane to indemnify Lessor and/or prospective Lessees for damages
CO! )AFRCIAL LEASE CONTRACT Page 5
lriciurred, including !oat rentals and lodging expenses. Holdover rents shall be immediately due on a daily
basis and shall be deemed delinquent without notice or demand.
29. LESSOR'S COVENANT OF QUIET ENJOYMENT: Upon payment by the Lessee of the rents
herein p,ov!dcd, and upon the obseivanca and performance of all the covenants, terms and conditions on
Lessee's part to be observed and performed. Lessee shall peaceably and quietly hold and enjoy the
demised premises for the term hereby demised without hindrance or interruption oy Lessor or any other
person cr persons lawfully or equitably claiming by, through or under the Lessor subject to the terms and
condilicns of this Lease However, any repairs or maintenance that are performed, should be performed
by the mutual consent of Lessor and Lessee at a time and in a manner which are calculated in exercise of
good faith and reasonable business practice to minimize any disruption of Lessee's business. Lessee or
Lessee's guests not be loud or boisterous outside the building, in the common areas of the building, or in
the space the Lessee is renting. There is no sleeping or residing in the office sr.•ace
30, RIGHT OF ENTRY: If Lessee or Lessee's employee is present, then repairmen, servicemen or
Lessor's representatives may enter the premises during reasonable times for reasonable business
purposes. If no one is in the premises, then repairmen. servicemen, Lessor or Lessor's representatrv:
may enter at reasonable times by duplicate or master key for the following purposes. responding to
Lessee's requests to make repairs, estimating repair or refurbishing costs. emergency safety or fire
rr.sFections, avoiding property damage, exercising contractual rights, remcvrr:g or re -keying authorized
locks or latches Lessor may enter with 24-hour notice for purpose of placing 'For Lease' signs on
premises or showing the premises to prospective Lessees, (up to 120 days pner to end of lease term, or
once notice to vacate has been given), or to allow access to government inspectors, fire marshals, lenders,
appraisers, prospective purchasers or insurance agents.
31. DEFAULT BY LESSEE: Any one or more of the following events shall constitute an "Event of
Default":
a. The filing of a petifiwn proposing the adjudication of Lessee or any guarantor of Lessee's
obligations hereunder as a bankrupt of insolvent or the reorganization of the Lessee or any such guarantor
or an arrangement by Lessee or any such guarantor with its creditors, whether pursuant to the Federal
Bankruptcy Act or any similar federal or state proceeding, unless such petition is filed by a party other than
Lessee or any such guarantor and said petition is withdrawn or dismissed within sixty (60) days after the
date of its filing; or.
b. The appointment of a recerver or trustee for the business or property of Lessee or any such
guarantor, unless such appointment shall be vacated within sixty (60) days of its entry; or,
or, c. The making by Lessee or any Ruch guarantor of an assignment for the benefit of its creditors;
d, The failure of Lessee to pay any rtem of rent, or rent is not paid within seven (7) days after notice
of default is received by Lessee, or other sum of money within ten (10) days aher notice of default is
received by Lessee; or,
e. Vacating or removing property from the Leased Premises other than in the normal course of
business, or,
f. Failure by Lessee in the performance or observance of any covenant or agreement of this Lease
(other than a failure involving the payment of money), which failure Is not cured within thirty (30) days of
receipt by Lessee of notice of default or,
g. Violation by Lessee of any applicable Federal, state or local laws as same pertain to this Lease;
or,
h. Lessee abandons the Premises for more than thirty (30) continuous days.
I. There is absolutely no residing in the unit; tenant or tenant guests may not steep in the unit.
k. There is no pets allowed in or on the property.
32 REMEDIES IN EVENT OF DEFAULT: Upon the occurrence and continuance of an Event of
Default. Lessor may, without notice to Lessee (except where notice is expressly required by law), do any
one or more of the following
a Perform, on behalf and at the expense of Lessee, any obligation of Lessee under this Lease
COMMERCIAL LEASE CONTRACT Page 6
Which Lessee has faded to perform, the cost of %:hich Pertormance by Lessortogether with interest
thereon at the highest rate permitted ty taw from tt'e date cif s, uch expenditure, shall be deemed additional
rental hereunder and shall be payable by Lessee to Lessor upon demand;
b Elect to terminate this Lease and the tenarcy created hereby by giving notice of such election
to Lessee. and may reenter the Leased Premises. wilhuut the necessity of legal proceedings and may
remove Lessee and all other parsons (if Lessee Is stilt In possession) and property from the Premises and
may store such property in a public warehouse nr of ewhere a1 the cost of and in the account of Lessee
without resort to legal process and vritnout Lessor oeing deemed guilty of trespass or becoming liable for
any loss or damage occasioned thereby.
c, Lessor may declare immediately due and Payable the balance of any rent Operating Costs and
other charges that may otherwise be due and payable over the remainder of the term,
d. Exercise any other legal or equ!tabfe right or remedy it may have, and
e Lessor may report unpaid rents or unpaid damages to local credit agencies for recordation in
Lessee's credit record.
Notwithstanding the provisions of clause (b) above and regardless of whether an Event of Default
shall have occurred, Lessor may exercise the remedy described in clause (b) without notice to Lessee if
Lessor, in its good faith Judgment, believes it would be injured by failure to take rapid action or if the
unperformed obligalion of Lessee constitutes an emergency. Any costs and expenses incurred by Lessor
(including, without limitation attorney's fees) in enforcing any of its rights or remedies under this Lease shall
be deemed to be additional rental hereunder and shall be repaid to Lessor by Lessee upon demand, Any
notice required herein will be deemed delivered if left with the Lessor or Lessor's guarantor or if left or
posted at a conspicuous place at the Leased Premises
33. LEGAL EXPENSES: In case suit shall be brought for recovery of possession of the Leased
Premises, for the recovery of rent or any other amount due hereunder, or because of the breach of any
other covenant herein contained on the part of Lessee to be kept or performed, and a breach shad be
established, Lessee shall pay to Lessor all expenses therefor, including Lessor's reasonable attorney's
fees Should a breach be established as to an obligation due by Lessor, then Lessor shall pay all expenses
therefor, including Lessee's attorney's fees,
34 SURRENDER OF PREMISES: At the expiration of the tenancy hereby created, Lessee shall
surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of
possession thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for
the Leased Premises to Lessor at the place then fixed for the payment of rent, and shall inform Lessor of
all combinations on locks, safes, and vaults, it any, in the Leased Premises Lessee shall remove ail its
trade fixtures, before surrendering the Leased Premises as foresaid, and shall repair any damage to the
Leased Premises caused thereby
35. WAIVER: The waiver by Lessor of any breach of any term, covenant or condition herein
contained shall not be deemed to be a continuing waiver of such'erm, covenant or condition or any
subsequent breach of the same or any other term, covenant or condition herein contained The
subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any prior
breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay
the particular rental so accepted, regardless of Lessor's knowledge of such pnor breach at the time of
acceptance of such rent. No covenant, term or condition of this Lease shall be deemed to have been
waived by Lessor, unless such waiver be in writing by Lessor.
36. COPIES: This lease has been executed in multiple copies, one for Lessee and one or more for
Lessor.
37. ADDENDUMS: Any and all addendums attached hereto shall become a part of this lease and
shall be considered incorporated herein by reference as if set forth word ttx word.
38. PERSONAL GUARANTEE: The principle owner of the business is known as Sami Hadda)i and
does hereby individually and personally guarantee the payment of the rent due hereunder and all
COMMERCIAL LEASE CONIRACT
Page 7
conditions and obligations of the Lessee by affixing his signature hereto as guarartor.
39. PERSONAL PROPERTY OF THE LESSOR: The items listed on Exhibit A attached hereto are
persona property of the Lessor. All of these items may be used by the Lessee during the term of the
!ease and any option period at no additional cost to Lessee All of these items shall remain with the
property upon Lessee vacating the premises Lessee sha�l !:to responsible for regular care, maintenance,
and replacement of all items deemed Lessors personal property,
40. AGENCY: Lessee is aware that Lessor's agent is a licensed attorney and/or Real Estate Broker
and/or Real Estate Sales Agent Lessor's agent represents Lessor only. Lessor hereby acknowledges
the services of Flake & Kelley Commercial as procuring Broker and agrees to pay Flake °u Kelley
Commercial a total fee of $2000.00 upon execution of th;s lease by Lessee and receipt by Lessor of 15,
Mowh's Rent.
41. ENVIRONMENTAL REPRESENTATIONS, WARRANTIES AND CONVENANTS:
a, During the term of this Lease, Lessee shall:
t 1 f not knowingly store, dispose of, release, or allow the disposal of release of any
Hazardous Malenals on the Premises (except In compliance with all laws, o(dinances, and regulations
pertaining thereto),
(2) neither direMly nor indirectly transport or arrange for the transport of any
Hazardous Materials on or from the Premises (except in compliance with all laws, ordinances, and
regulations pertaining thereto);
(3) if during, the term of this Agreement, any release or disposal of Hazardous
Materials shall occur on the Premises in violation of law, Lessee shall cause the prompt containment and
removal of such Hazardous Materials and remediation of the Premises in full compliance with all
Environmental Laws and other applicable laws and regulations.
b. Lessee covenants and agrees promptly to provide Lessor w th written notice: (i) upon
Lessee's obtaining knowledge of any violation of any Environmental Law regarding the Premises or
Lessee's operations; (ii) upon Lessee's obtaining knowledge of any potential or known release or
disposal, or threat of release or disposal , of any Hazardous Materials at, from, or into the Premises
which it reports in writing or is reportable by it in writing to any governmental authority or which could
affect the value of the Premises, (if!) upon Lessee's receipt of any notice of violation of any
Environmental Laws or of any release or disposal or threatened release or disposal of Hazardous
Materials, including a notice or claim of liability or Wential responsibility from any third party (including
without limitation ant federal, state or local governmental officials) and including notice of any format
inquiry, proceeding, demand, investigation or other action with regard to (A) Lessee's or any person's
operation of the Premises, (B) corriamination on, from or into the Premises, or (C) investigation or
remediation of offsde locations at which Lessee or its predecessors are alleged to have directly or
indirectly Disposed of Hazardous Materials, or (D) upon Lessee's obtaining kr:owtedge that any expense
or toss has been incurred by such governmental authority in connection with the assessment,
containment, removal or remediation of any Hazardous Materials with respect to which Lessee may be
liable or for which a lien may be imposed on the Premises.
C. Lessee covenants and agrees that it shall pay, indemnify and hold harmless the
Indemnified Parties (as defined herein) for, from and against, and shall promptly reimburse the
Indemnified Parties for, any and all claims, damages, liabilities, losses, costs and expenses (including
reasonable attonieys' and consultants fees and expenses, investigation and laboratory fees, removal
remedial response and corrective action costs, and amounts paid in settlement) incurred, paid or
sustained by the Indemnified Parties as a result of or relating to (i) any release or disposal or threatened
release or disposal of Hazardous Materials on the Premises arising during the Term of the Agreement or
from Lessee's use or occupancy of the Premises, (it) any violation of any Environmental Laws with
respect to conditions at the Premises or the operations conducted thereon arising during the Temi of !his
Agreement or from Lessee's use or occupancy of the Premises, or (iii) the investigation of remediation of
offsite locations at which Lessee is alleged to have directly or indirectly Disposed of Hazardous
Materials. This indemnity shall survive the expiration or other termination of this Agreement. As used
herein, the term 'indemnity shall survive the expiration or other termination of this Agreement As used
COMMERCIAL LEASE CONTRACT Page 3
herein, the term 'indemnified Parties" shall mean Lessor, its successors, assigns, officers, directors,
agents and representatives.
d The term "release' shalt have the meaning specified in CERCLA; provided, in the event
CERCIA is amended so as to broaden the meaning of the any term defined thereby, such broader
meaning shall apply as of the effective date of such amendment and provided further, to the extent that
the laws of the State of Arkansas establish a meaning for 'release' that is broader than specified in
CERCtA, such broader meaning shall apply. The term "disposal' or'disposed' shall have the meaning
speed in RCRA and regulations promulgated thereunder: provided, in the event RCRA is amended so
as to broaden the meaning of any term defined thereby, such broader meaning shall apply as of the
effective date of such amendment and provided further, to the extent that state law establishes a
meaning for -disposal" that is broader than specified in RCRA, such broader meaning shall apply
42. SPECIAL CONDITIONS:
(a ) Lessee's right to occupy the Leased Premises are subject to lessor's Future Development
Plans for the Leased Premises If, during the initial term or any Renewal Term, Lessor develops
and implements a plan that will alter the Leased Premises in a fashion deemed to effect Lessee's
use, in Lessee's sole discretion, Lessee shall be permitted to terminate its agreement upon 90
days written notice to Lessor. Lessor must provide 6 months' notice of its Intent to alter the Leased
Premises. Lessee shall have the I" Right of Refusal to lease space of a comparable size in
any Future Development of the Depot site.
(b.) Lessee shall be responsible for installing its own signage, however signage must be
approved by Lessor.
(c.) Parking lot is paid parking operated by Fayetteville Depot, LLC, and will be inaccessible
during the Bikes Blues & BBQ Festival.
IN WITNESS, WHEREOF, the parties hereto have caused these presents to be signed in person
thereunto duly authorized and their respective seals to be hereunto affixed, the day and year first
hereinab ove written.
THIS IS A BINDING LEGAL DOCUMENT - READ CAREFULLY BEFORE SIGNING
LESSOR: MqSESINCORPORATED
LESSEE: ;;NL-
GUARANTO
LEASE CONTRACT
Page 9
Walk- In- Cooler 13' z 10'
Vent Hood
Equipment Stand
58. SS Sink
14 Bar Stools
40 Wood Chairs
5 Square Ion Patio Tables
3 Round Iron patio Tables
35 Iron Patio Chairs
3 Door under counter bottle cooler
Dishwasher Table, sprayer
Walk- In Shelving 5 Units
2 Speakers
36" Bar Ice Well
5- Compartment Steam Table
4DARAM
IR. LLC.
ngrw
Exhibit -A-
To Lease Dated January 6, 2019
C 1
Greg House
Houses, hw.
Arkansas Secretary of State
John Thurston
State Capitol Building • Little Rock, Arkansas 72201-1094 •501-682-3409
Certificate of Good Standing
I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records
of domestic and foreign corporations, do hereby certify that the records of this office show
DEJA VU DUELING PIANOS, INC.
authorized to transact business in the State of Arkansas as a Non -Profit Corporation, filed
Articles of Incorporation in this office April 13, 1999.
Our records reflect that said entity, having complied with all statutory requirements in the State
of Arkansas, is qualified to transact business in this State.
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 29th day of October 2020.
C
O tCade: M818b5a5d882
c
To`ven�Yq'1�u9onza?oa Code, visit sos,arkawas.gov
HALL
Robert K.Rhoads
EESTILL 75 N.East Ave,Suite 500
Fayetteville,AR ,Suite72701-5388
Direct Dial: (479)973-5202
rrhoads@hallestll.com
January 19, 2021
Fayetteville Mayor and City Council
Dear Mayor and Council:
I write to you as a follow up of the questions that were posed at the last meeting,specifically
what has the applicant done to protect his employees, patrons, and the general public after
receiving A.B.C. Division violations regarding the wearing of masks and social distancing. First
if I may give you some background. This request for a mixed drink permit is for the Hookah Cigar
Lounge, not the VIP Club. The Hookah Cigar Lounge has never had any kind of violation in its
three year existence. However, the VIP Club has the same owner, Mr. Haddaji. I can see why
City Council would be interested in what is going on at that Club as well. The VIP Club has been
in existence for three years,and as eluded to by Council Member Kinion at the last meeting,when
he applied before this Council for the Ordinance, people were aware that this location under
previous ownership had a poor reputation. Mr.Haddaji in requesting to open his business,the VIP
Club,was questioned very intensely and he promised City Council back then that he would uphold
higher standards than the bar that had been there before him. City Council took a chance on him
and he has followed through on his promises. He has changed the reputation of that location
completely and up until before the pandemic hit VIP had never received any kind of violation
whatsoever. As Deputy Police Chief Fields said at the last City Council meeting,Mr. Haddaji has
been very "available, accommodating, and helpful to our Officers on Dickson Street". She also
indicated that all conditions had been agreed to and that the police do not oppose this Ordinance
to upgrade the Cigar Lounge's permit.
Mr.Haddaji does not take the pandemic and the social distancing requirements lightly. He
is in his two businesses every night running them and then he goes home to an immune
compromised wife and a three year old son. So he tries to be very diligent to follow the mask and
cleaning mandates. Here are the things he is doing, not just in the VIP Club, but the Hookah
Lounge too, in order to address the A.B.C. violations and to do the right thing for his community
and patrons:
1) You must wear a mask to get into the clubs and if you do not have one, a mask will be
provided.
2) Patrons are asked to keep their mask on unless they are actually drinking a beverage.
3) He has created socially distanced areas.
4) He is allowed to operate at 66% capacity, however he has chosen to operate at only
33% in order to better socially distance his patrons.
Hall, Estill,Hardwick,Gable,Golden&Nelson,P.C.
Tulsa • Oklahoma City • Northwest Arkansas • Denver
www.hallestill.com
Fayetteville Mayor and City Council
January 19, 2021
Page 2
5) He has installed plexiglass dividers in the VIP Club so patrons have to approach the
bartenders one on one.
6) In response to the A.B.0 he has brought in more seating to discourage dancing and
large groups standing close together.
7) In the VIP Club in order to inforce the above protocol, as was mentioned in the last
City Council Meeting, he has three bartenders, four security, a manager, and he is in
his businesses every night.
8) He has trained and continues to coach his entire staff on the necessity to enforce the
Covid rules of masking and social distancing in a club atmosphere.
9) He has voluntarily closed down his business on busy holidays and for a five week
period after the initial Covid mandate came out from the State because he wanted to do
his best to protect his community. He reopened his business because his staff and his
business needed the income, which is also why he is trying to upgrade his beer and
wine permit to a mixed drink permit. Also the change in smoking laws from 18 years
old to 21 makes for another reason to be a private club.
In conclusion, Mr. Haddaji is here before you requesting this Ordinance because his two
businesses are financially strapped and this is what he needs for his business to survive. It also
might be interesting to note that of the numerous bars that joined in as Plaintiffs last week in
regard to the curfew ban lawsuit,Mr.Haddaji and his two businesses denied the request to join in.
As pursuant to protocol your City Attorney and Police have put forth the seven conditions that as
stated in the last City Council Meeting Mr.Haddaji has agreed to. This letter contains what I hope
you consider to be a thorough discussion and protocol to not just prevent another A.B.C.violation,
but to uphold the spirit of the Covid masking and social distancing rules.
I thank you in advance and ask you to pass the Ordinance.
Sin 1 ,
Robert K. Rhoads
RKR:dmc
cc: Chief of Police
City Attorney
City Clerk
4734763.1.007730.00001
NORTHWEST ARKAISAS
Democrat v 0axette
P.Q.'v3XTUC PAYti"E`rILFAR71.7C2•479-24-170C•>0:C,7?_63=_rle•11.r�;Y�.\1:'
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AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6404
Was inserted in the Regular Edition on:
January 24, 2021
Publication Charges: $223.44
Srsdalc
Brittany Smith
Subscribed and sworn to before me
This 2S— day of j , , 2021.
&CL
Notary Public
My Commission Expires: Z f Zo (2-q
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance:6404
File Number: 2020-1066
CLUB RUSH HOOKAH AND
CIGAR LOUNGE:
AN ORDINANCE TO APPROVE
THE APPLICATION OF SAMI
AMMAR HADDAJI, ON
BEHALF OF CLUB RUSH
HOOKAH AND CIGAR
LOUNGE, FOR A PERMIT TO
OPERATE AS A PRIVATE CLUB
IN THE CITY OF
FAYETTEVILLE AT 550-B
WEST DICKSON STREET
WHEREAS, Act 1112 of2017,
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
Club Rush Hookah and Cigar
Lounge, a copy of which is
attached to the agenda memo, for a
permit to operate as a private club
in the City of Fayetteville at 550-B
West Dickson Street under the
conditions set forth in Section 2.
Section 2: This approval is subject
to the following conditions, which
must be satisfied prior to the
issuance of a City private club
permit:
I. The business owner and
business manager shalt 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 IDs.
3. It is recommended that
the business owner and business
manager research different phone
apps or programs to assist their
employees in identifying fraudulent
Ts.
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 as defined
in Arkansas Code Annotated f 7-40-
208. Upon completing the training,
the private club representative shall
receive a Private Security Officer
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. 1740-208. The apica pint
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 Private Security Officer
training, the private club ABC
permit holder shall provide a copy
of the training certificate to the
Fayetteville Police Department's
Special Events Division supervisor.
PASSED and APPROVED on
1/192021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75373399 Jan 24,2021