HomeMy WebLinkAboutOrdinance 6622113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6622
File Number: 2022-0963
AMEND ORDINANCE 6010 FOR VIP CLUB:
AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED
CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M.
WHEREAS, on November 17, 2017, the City Council passed Ordinance 6010 approving the
application of Sami Ammar Haddaji, on behalf of VIP Club, for a permit to operate as a private club in
the City of Fayetteville at 326 North West Avenue #6; and
WHEREAS, the City Council incorporated into Ordinance 6010 Mr. Haddaji's voluntary offer to
close VIP Club no later than 1:30 a.m.; and
WHEREAS, the City Council has determined that the VIP Club should be permitted to operate until
2:00 a.m.
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 amends Ordinance 6010
and changes the approved closing time for the VIP Club, which operates as a private club in the City
of Fayetteville at 326 North West Avenue #6, from 1:30 a.m. to 2:00 a.m.
PASSED and APPROVED on 10/18/2022
Page 1 Printed on 10119122
Ordinance: 6622
File Number: 2022-0963
Attest:
��111iiiflltll
CAI 4101
Kara Paxton, City Clerk Treasurer,.■' •��ti',•• �'�
�n t�C7TA,,r
� r
QN
co U
G`.pUBLl4
Page 2 Printed on 10119122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0963
Agenda Date: 10/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
AMEND ORDINANCE 6010 FOR VIP CLUB:
AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING
TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M.
WHEREAS, on November 17, 2017, the City Council passed Ordinance 6010 approving the application of
Sami Ammar Haddaji, on behalf of VIP Club, for a permit to operate as a private club in the City of
Fayetteville at 326 North West Avenue #6; and
WHEREAS, the City Council incorporated into Ordinance 6010 Mr. Haddaji's voluntary offer to close VIP
Club no later than 1:30 a.m.; and
WHEREAS, the City Council has determined that the VIP Club should be permitted to operate until 2:00 a.m.
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 amends Ordinance 6010 and
changes the approved closing time for the VIP Club, which operates as a private club in the City of Fayetteville
at 326 North West Avenue #6, from 1:30 a.m. to 2:00 a.m.
City of Fayetteville, Arkansas Page 1 Printed on 1011912022
Legistar ID No.: 2022-0963
AGENDA REQUEST FORM
FOR: Council Meeting of November 1, 2022
FROM: Council Member Mike Wiederkehr
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED
CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M.
APPROVED FOR AGENDA:
Approved by email
City Council Member
Mike Wiederkehr
Asst. City Attorney Blake Pennington
Approved as to form
10/3/22
Date
10/3/22
Date
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED
CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M.
WHEREAS, on November 17, 2017, the City Council passed Ordinance 6010 approving the
application of Sami Ammar Haddaji, on behalf of VIP Club, for a permit to operate as a private
club in the City of Fayetteville at 326 North West Avenue #6; and
WHEREAS, the City Council incorporated into Ordinance 6010 Mr. Haddaji's voluntary offer to
close VIP Club no later than 1:30 a.m.; and
WHEREAS, the City Council has determined that the VIP Club should be permitted to operate
until 2:00 a.m.
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 amends Ordinance
6010 and changes the approved closing time for the VIP Club, which operates as a private club in
the City of Fayetteville at 326 North West Avenue #6, from 1:30 a.m. to 2:00 a.m.
PASSED and APPROVED this lst day of November, 2022.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk Treasurer
Pennington, Blake
From:
Wiederkehr, Mike
Sent:
Monday, October 3, 2022 12:04 PM
To:
Williams, Kit
Cc:
Pennington, Blake; Mulford, Patti
Subject:
Re: Closing Time for VIP Club
Hi Kit,
Well then, with your guidance, can you please prepare an appropriate amendment to the ordinance regarding the VIP
Club's closing time, so that I may bring it forward for the Council's consideration as a normally agendized item.
With appreciation,
Mike
Get Outlook for iOS
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Sent: Monday, October 3, 2022 11:42:15 AM
To: Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>
Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>
Subject: RE: Closing Time for VIP Club
Mike,
You are empowered to bring forward an amendment to the current ordinance establishing the 1:30 AM closing
time. I do not know if the Mayor will bring this forward at this time himself.
Kit
From: Wiederkehr, Mike
Sent: Saturday, October 01, 2022 4:38 PM
To: Jordan, Lioneld <Ijordan@fayetteville-ar.gov>
Cc: Norton, Susan <snorton@fayetteville-ar.gov>; Kinion, Mark <mark.kinion@fayetteville-ar.gov>; French, Jason
<jfrench@fayetteville-ar.gov>; Fields, Jamie <jfields@fayetteville-ar.gov>; Robert K. Rhoads <rrhoads@hallestill.com>;
Williams, Kit <kwilliams@fayetteville-ar.gov>
Subject: Closing Time for VIP Club
Dear Mayor Jordan,
I am requesting that you agendize Council consideration and modification of the current 1:30 am
closing time for the VIP Club which is owned by Mr. Sami Haddaji, to become a 2:00 am closing time.
The current closing time was proposed with the logic/goal of staggering the time frames under which
patrons leave our entertainment district and head to their vehicles. In theory, this is an appropriate
policy. In effect, we do not have a sufficient number of establishments with a 1:30 am closing time to
create the desired staggered "herd exodus effect". In essence, the patrons from Mr. Haddaji's
establishment simply exit and enter a neighboring establishment which is open until 2:00 am.
I want to be clear that in speaking with Chief Reynolds, he fully supports the goal of staggering
closing times for several appropriate reasons, and I have supported his preference. In all likelihood,
he would not embrace what I am proposing. However, in equal fairness to Mr. Haddaji, I must
reconsider. The newly opened Tin Roof establishment was granted a 2:00 am closing time. As long as
all future establishments in our entertainment district received a 1:30 am closing time, I was willing
to support our staggered closing model. At this time, however, I am compelled to see if my fellow
Council Members are as concerned about perceptions of fairness as I am.
A letter from Mr. Haddaji's representative, Robert K. Rhoads, is attached for background.
Sincerely,
Mike Wiederkehr
ra
HALL
LSTILL
ATTORNEYS AT LAW
May 12, 2022
VIA EMAIL
Mark Kinion
Mike Wiederkehr
RE: Walk On Request of Sami Haddaji /VIP club.
Gentleman:
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
I hope this letter finds you well and congratulations Mike on your ascension to the esteemed
Fayetteville City Council. In a prior email to Mark I made an initial request, but based on his
response I promised I would come back with more information for your consideration. I've waited
a while to see who was going to replace Matthew Petty, and that brings us to the present.
My client, Mr. Sami Haddaji, owns The VIP private club on West Street, a half block off of
Dickson. Mr. Haddaji also owns other businesses in our city. Almost five (5) years ago Mr.
Haddaji applied for a private club permit for The VIP requesting the normal 2 AM closing time
however a Council Member requested that it be changed to 1:30 AM to make crowd control in that
area of the entertainment district easier for the police. Mr. Haddaji, believing the ordinance would
not pass otherwise, reluctantly agreed. He also believed this 1:30 time would be temporary or that
other clubs would be equally curtailed. However, he is the only private club that must shut down
at 1:30, and that extra 30 minutes is substantial from a revenue and a customer confusion
standpoint. Prior to The VIP Club, the area he occupies was a much larger space with much greater
customer capacity, 1 believe it was called The Social Club. Now the spaces are divided, between
the VIP Club with 150 capacity, and West & Watson with 150. The other bars in the immediate
vicinity are, the Z-Bar with 300, EROS Club with 399 and the West End with 600 and none have
a 1:30 A.M. restriction. VIP is a smaller bar and is the only one at the 1:30 time limit. Mr. Haddaji
believes that the West & Watson, which is the same capacity as his bar, applied at the same time
but did not have the 1:30 condition. Mr. Haddaji runs an upstanding business at the VIP Club. He
employees multiple security guards on duty throughout the night, and a bouncer, plus Mr. Haddaji
is always there on site or at his other business across the street; always handy to attend to his
customers and needs of the foot patrol.
Before writing you I checked with Kit Williams who indicated that these conditions, if they were
to be changed, would have to be changed by Council and that a councihnember could "walk this
issue on" to be discussed and voted upon. Further I talked with Chief Reynolds, and I wish I could
tell you that he was in favor of the condition being equalized to 2 AM but, although we had a very
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
Tulsa • Oklahoma City • Northwest Arkansas • Denver
www.hallestill.com
May 12, 2022
Page 2
pleasant conversation, he was not willing to support it. He told me they needed it because of the
amount of people in a small area, but again The VIP Club is one of the smaller capacity clubs.
I think you'll find the VIPs incident report pretty scant as Mr. Haddaji runs a good club, as I said
before he has plenty of security, plus cameras and he also has metal detector scanning and makes
a point to be cooperative with the police on patrol. Mark I remember in a meeting several months
ago when I was presenting Mr. Haddaji's other club for a private club ordinance you made the
comment that The VIP Club had really turned things around in that part of town from an incident
and trouble standpoint.
With all that said gentleman I would ask that you allow Sarni Haddaji and I to meet with you to
discuss this further and answer any questions of course. Hopefully you'll agree to bring this before
the entire Council and you will support Mr. Haddaji in this effort to remove the condition and even
his playing field. I thank you in advance.
Sincerely yours,
Hall, Estill, Hardwick, Gable, Golden &
Nelsa .C. f
i
Robert K. Rhoads
RKR:slt
Cc: Client
Kit Williams
5187311.1:007730.00001
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6010
File Number: 2017-0616
VIP CLUB:
AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF
VIP CLUB, FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE
AT 326 NORTH WEST AVENUE #6
WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3-
9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an
application for a permit to operate as a private club" before the applicant can submit the application to
the state Alcoholic Beverage Control Division; and
WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help
avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow
sidewalk near his location; and
WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend
and complete the Fayetteville Police Department's free Fraudulent/Underage ID class.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the application
of Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request
form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6
under the conditions set forth in Section 2.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sami Ammar
Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees
to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class
as conditions for the City Council's approval of Mr. Haddaji's application.
Page 1 Printed on 5114118
Ordinance: 6010
File Number 2017-0616
PASSED and APPROVED on 11/21/2017
Attest:
Lnd/16L- &
Sondra E. Smith, City Clerk Treasurer
p ° p •
r
-
FAYEfiTEVILLEp,,
Page 2 Printed on 5114118
NORTHWEST ARKAMW
Demo= 04zette
PO. BOX 1602,FAYETTEVILLE,AR. 72'02. 429442-17M•FAX. 479696d0g- 4VWWNRWDUOM
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, 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 1 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 -Clerks Office
Ord. 6622
Was inserted in the Regular Edition on:
October 23, 2022
Publication Charges: $98.80
Paola
Subscribed and sworn to before me Cathy Wiles
This 2G day of od-, 2022. Benton COUNTY
NOTARY PUBLIC —ARKANSAS
1 My Commission Expires 02-20-2024
W Commission No.12397118
Notary Public
My Commission Expires: 214*
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
ND ORDINANCE 6010 FOR VIP
B:
IRDMANCE TO AMEND
INANCE 6010 AND CNANGE
APPROVED CLOSING TIME
VIP CLUB FROM 1.30 A.M. TO
A.M.
REAS, on N.Iter 17,2017, Ne
:,ommil pealed ONinmRc 6010
wing 0m applimion ofavm
im Ratw o on bchtlfofVIPute Clubdo.
City mopemleea aproemdub
City.06e aneville at 326 NOM
Avenue db, aM
REAS, tlm City Council
1oreRd imo ONinan« 6010 Mr.
.a I atveorlushnemn 1:30...;cmx VIP
and
REAS, 0m Ciry Council hm
ninW Mat Me YIP Club slaWd be
fittedm Operate E!BE 00 am.
THEREFORE, rf
AWEDBYTHE CICITYC NECRY OF FAYETTEVILLS,ILLE,
m 1: That the City C..w of0e
T..
a Arkansas. Amount pat: S
Oct23,2022