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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