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209401 ORDINANCE NO. 20,940 2 3 AN ORDINANCE TO AMEND THE LITTLE ROCK, ARKANSAS, CODE 4 OF ORDINANCES TO REQUIRE CERTAIN SECURITY MEASURES BY 5 PRIVATE CLUBS THAT INTEND TO STAY OPEN PAST CERTAIN 6 HOURS AND TO ESTABLISH A PROCESS WHEREBY SUCH PRIVATE 7 CLUBS CAN BE PLACED ON PROBATION; TO DECLARE AN 8 EMERGENCY; AND FOR OTHER PURPOSES. 9 10 WHEREAS, at the time this ordinance is under consideration there are approximately thirteen (13) 11 Class B Private Clubs with an appropriate license from the Alcohol Beverage Control Board of the Arkansas 12 Department of Finance and Administration which currently operate within the corporate City Limits of the 13 City of Little Rock, Arkansas; and, 14 WHEREAS, the Board of Directors of the City of Little Rock wishes to ensure the safety of the patrons 15 and employees of those private clubs that are operating until 5:00 AM; and, 16 WHEREAS, pursuant to the exercise of its Police powers the Board of Directors of the City of Little 17 Rock, Arkansas, believes appropriate legislative action should be taken to ensure those provide clubs take 18 every reasonable precaution to ensure the safety of patrons and employees of those private clubs that operate 19 until 5:00 AM within the corporate limits of the City by setting forth the requirements and process set forth 20 below. 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 22 OF LITTLE ROCK, ARKANSAS: 23 Section 1. Chapter 4 of the Little Rock, Ark., Rev. Code of Ordinances (1988), is hereby amended to 24 add the following: 25 Security Measures for Class B Private Club Permits. 26 Any Class B Private Club that operates past 12:00 midnight on Friday and Saturday 27 nights, and on State -recognized holidays and during special events, must retain a minimum 28 number of two (2) individuals, who are certified by the State of Arkansas to act as a Law 29 Enforcement Officer, to be present on and around the exterior premises of the club from 30 12:00 midnight until closing on those above -designated nights for the purpose of providing 31 security and ensuring the safety of the employees and patrons of the club. A Class B Private 32 Club may apply to the Chief of Police for a waiver from the requirement as to the number 33 of Certified Officers. The decision of the Chief of Police on the request for a waiver may 34 be appealed to the City Manager. While the matter is on appeal to the City Manager, the (Page 1 of 41 1 Class B Private Club shall comply with the decision of the Chief of Police. The Chief of 2 Police and the City Manager, in passing upon such a request for a waiver, shall consider 3 the location of the club, and the size of the club in terms of the building and the number of 4 patrons it can facilitate. 5 To the extent any Class B Private Club is, as of the date of the adoption of this 6 ordinance, utilizing more than two (2) individuals who are certified by the State of 7 Arkansas to act as a Law Enforcement Officer, or is using such individuals during a time 8 period greater than the minimum specified above, that club shall not modify that practice 9 so as to decrease the number of individuals or hours without first submitting an application 10 to the Chief of Police for approval. This decision of the Chief of Police may be appealed 11 to the City Manager. To the extent any Class B Private Club is unable to retain the 12 necessary individual(s) on reasonable terms, that club may make application to the Chief 13 of Police for a waiver of the requirement set forth in this ordinance. This decision of the 14 Chief of Police may also be appealed to the City Manager. While the matter is on appeal 15 to the City Manager, the Class B Private Club shall comply with the decision of the Chief 16 of Police. 17 In addition to two (2) individuals, unless a lesser number is authorized by the Chief of 18 Police, who are certified by the State of Arkansas to act as Law Enforcement Officers to 19 work outside of an Class B Private Club as set forth above, any such club shall also employ 20 an adequate number of individuals to work as security on the inside of the club. Individuals 21 working as security on the inside of the club are not required to be certified by the State of 22 Arkansas to act as a Law Enforcement Officer. 23 Probationary measures to be enacted against Class B Private Club permits in the 24 event of frequent unlawful activity. 25 If numerous incidents occur on the interior or exterior premises owned or controlled 26 by a Class B Private Club, including adjacent properties controlled by the Class B Private 27 Club by virtue of an agreement, lease or contract, after the effective date of this ordinance, 28 that could constitute grounds for it to be declared a nuisance as defined by Arkansas case 29 law, or that could constitute grounds for the suspension of its Arkansas Beverage Control 30 Board license, or which involve numerous events on the premises that constitute a felony 31 under Arkansas law, then the Chief of Police shall conduct a review of all the relevant facts 32 underlying those incidents, including consulting with the club owner, manager and relevant 33 employees, and if he concludes in his reasonable judgment that the incidents resulted in 34 whole or in part from a lack of reasonable security measures or improper operations by the (Page 2 of 41 1 Class B Private Club, he may place that Class B Private Club on probation by requiring it 2 to close at a time earlier than 5:00 AM, but no earlier than 3:00 AM, for a period of time 3 determined by the Chief of Police, but no more than two (2) months. 4 In the event the Chief of Police places a Class B Private Club on probation a second 5 time within a twelve (12) -month period, the probation shall be for a minimum of two (2) 6 months. 7 The Chief of Police shall provide notice of probation to the Class B Private Club in 8 writing via certified mail. The decision of the Chief of Police may be appealed to the City 9 Manager, such appeal being submitted via letter to the City Manager within thirty (30) days 10 of receipt of the decision of the Chief of Police. If requested in the appeal letter, the City 11 Manager shall provide the Class B Private Club the opportunity to be heard on its appeal 12 on a date and time set by the City Manager. The City Manager shall render a decision 13 within fifteen (15) days of receipt of the appeal, or within fifteen (15) days of the hearing, 14 whichever is later, and shall submit that ruling to the Class B Private Club via certified 15 mail. The decision of the City Manager shall be final. The imposition of the probation shall 16 be stayed during the pendency of all appeals. 17 All Class B Private Clubs shall install and/or maintain adequate exterior lighting and 18 video surveillance equipment, on property owned or legally controlled by it and shall 19 consult with the Chief of Police in determining adequate lighting and video surveillance, 20 and signage to prohibit loitering. If adequate lighting and surveillance is not already in 21 place upon the date of enactment of this ordinance, the Class B Private Club shall install 22 such equipment within reasonable period of time as determined by the Chief of Police. 23 A Class B private club which does not operate later than 2:00 AM on any night of the week 24 is exempt from this ordinance. 25 Section 2. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 26 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 27 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this ordinance, 28 as if such invalid or unconstitutional provision was not originally part of this ordinance. 29 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matter inconsistent with this 30 ordinance are hereby repealed to the extent of such inconsistency. 31 Section 4. Emergency Clause. In the interest of public health, safety, and welfare, and pursuant to 32 the City's authority as described in Tompos v. City of Fayetteville, 290 Ark. 435, 658 S.W.2d 404 (1983), an 33 emergency is declared to exist and this ordinance shall be in full force and effect from and after the date of 34 its passage. IPage 3 of 41 1 PASSED: October 6, 2014 2 ATTES 3 4 5 ey, City Clerk AS TO LEGAL FORM: 6 APP 7 8 9 Bill Mann, Chief Deputy City Attorney 10 /J 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // APPROVED: it - ark Sdo a, Mayor Page 4 of 41