HomeMy WebLinkAboutZ-8263-A Application 150 1(
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DEPAR 1-MENT OF PLANNING AND DEVELOPMENT
113 WESTWRI(HAM
LITTLE ROCK ARKANSAS 7220,
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Hill crest Residents
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E Scott Smith
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PS Form 3811, ember 1994
102595-98-6-0229 Domestic Return Receipt
City of Little Rock
Planning and Development
Filing Fees
Date. 2 2 20 V -7
Annexation
Board of Adjustment (wl�,�,
Cond. Use PerrniY;Tjj.P.
Final Plat
Planned Unit Deg✓.
Preliminary Plat
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$
Special Use Permit
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Ln Scott Smith
ru P•D• Box 251121
C3 Little Rock, AR
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Steuhen B. Niswmger _
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NISWANGER LAW FIRM PLC
#5 Innwood Circle, Suite 110
Little Rock, Arkansas 72211
October 29, 2007
Department of PlanrLing and Development
723 W. Markham
Little Rock, AR 72201
--T6eph0ne.(501,)Z23 288$
Facsimile (501) 421-3651
VA- -44
�7 -F12�3-A
Re: Kimberly Mensie's Application for Action on Administrative Appeal.
To Whom It May Concern::
Please find enclosed Kimberly Mensie>s Application for Action o
Administrative Appeal, an affidavit ce
Firm to act as Ms. Mensie's agent, anda c n
kin the �o�g Stephen B.Ni of 00 Niswanger Law
administrative appeal filing fee. for the
Ms. Mensie wishes to appeal the October 8, 2007 denial of -her application for a
City of Little Rock Privilege License, as she believes that strict enforcement of zoning
rules would cause her undue hardship, and that approving her application would be in
keeping with the provisions and spirit of the zoning code.
According to the comments entered by the Code Enforcement Officer on Ms.
Mensie application,
d
Mensie dthe privilege license was denied due to improper zoning. Ms.
desires to Per Nail Art and Tutoring, Iimited to two (2) students at a time at
the above -mentioned location, an activity expressly permitted by Lithe Ruck municipal
Code §§ 36-255(b)(2) and 36-253(b)(6)• P
Thank you very much for your attention to this matter.
SBN/cb
Encl.
cc: Kimmie Mensie
Cordially,
N1 WANGER LAW FIRM PLC
'94e 1-54
Stephen B. Niswanger
www.niswange.rlawfirm.com
Pagel of 3
Moore, Monte
From: Steve Niswanger [steve@niswangerlawfirm.com]�
Sent: Wednesday, December 26, 2007 12.00 PM
To: Moore, Monte
Subject: RE: appeal application for 310 N Van Buren Street`�g
Monte.
Please use my email to provide information to the Board. What time and where will the Boar
Adjustrnents meet on January 28? d of
Thanks, and Happy Holidays!
Steve
"Moore, Monte" <MMoore@littlerocl.org> wrote:
Mr. Niswanger,
I just wanted to update you and let you know that the appeal application for 310 N Van Buren Street will
be placed on the January 28, 2008 Board of Adjustment agenda. I will need to forward the information
as found in your below e-mail to the Board members with the agenda. Would you like to provide the
information in a letter form on letter head, or I can just use a copy of the e-mail? Please let me know
which you prefer.
Thank you;
Monte Moore
--Original Message ----
From., Steve Niswanger[mailto:steve@niswangerlawfirm.comj
Sent: Friday, December 07, 2007 4:42 PM
To: Moore, Monte
Cc: Carney, Dana
Subject: Re: appeal application for 310 N Van Buren Street
Monte:
Sorry to take so long to get back to you. Did you get a chance to see Mmmie
Mensie's application for the PCD before the City Board the other night? Wow?
Whose people who showed up against Kimrnje were not very nice
not work in your department and have to deal with ugly-ac. I am glad I do
the time? ting people like them all
Anyway, Per gout request, here is a detailed description of the proposed use of the
proPerty under the business license. It will be just her - no others. She will do nail
art by appointment only. So, there will never be more than one client there at a
time. And she will not be doing any massages, tanning, hair, or any of the other
things that typically go an in a beauty salon. Let me reiterate that. She is not
Proposing to operate a beauty salon out of her house. Only nail art.
1/15/2008
Page 2 of 3
Per your request, let me now explain how this differs from the PCD application. In
her amended PCD application., she was proposing to haVe One part-time employee
— _doing -hair. There will-be_no-others-except-Kimmie-under-the-business-license
application. So, no hair, and just one person (Kimmie).
Under the PCD, there was going to be a parking lot. Not so under the business
license application. Under the PCD, there was going to be signage . Not so under
the business license application (unless it complies with Code, chapter 36, art. X).
In other words, the house will look like a house, and only Kimmie will work there
doing nail art. And herpractice is to schedule only one client an hour. So, no new
traffic.
This use is an appropriate home occupation,. It is just like the music teacher who
has a child show up every hour at her house to have a piano lesson. Except Kimrnae
will not he as loud! Under the Code § 36-255 2 in a R-3 district (like this one),
the home occupation uses are the same as those under an R-1 district. Under § 36-
253(b)(6)(b), in an R-1 district, painting and sculpturing are pezrnitted hom
occupation. e
occupations. In addition, tutoring limited to 2 students at a tame is a permitted home
Here, Kirnmie will be painting nails. She will be sculpturing nails. She will be
engaged in a permitted home occupation. tutoring her clients - one at a time - on how to paint and sculpt nails. She will be
Now, I know, your department wants to call Kimmie's home occupation a beauty
salon, but it is not. A grocery store sells produce dairy
and beer. If all I sell is beer, does that make me 'cereals, condiments, meat,
applies here. A beauty salon offers pedicures, manicures hairs ling, The seen,
massagface treatments, tanning, etc. All Kimmie proposes under the business license
eS�
application is to do pedicures and manicures - ,which is painting and sculpting. She
will not be doing a beauty salon.
I hope you find this helpful. I look forward to the determination in this appeal.
Thanks,
Steve
"Moore, Monte" <MMoore@lrttlerock org> wrote:
Mr. Niswanger,
Please accept this e-mail as a follow up to our phone conversation last
week. With regards to the appeal application you submitted for Kimberly
Mensie at 310 N Van Buren Street, I need additional information on the
issue so the City Attorney's office can review and determine if the Board of
Adjustment is authorized to address the issue. I need a detailed description
of the proposed use of the property, an explanation as to how this use differs
from what was proposed with the PCD application, and an explanation of
why you feel this proposed use(s) is an appropriate home occupation. I also
need a copy of the denied Home Occupation Application if you have one. I
1/15/2008
Page 3 of 3
will attempt to locate a copy in our office. If you have any questions
regarding this issue, please let me know.
Thank You,
Monte Moore
1 /15/2008
§ 36-253
14
LITTLE ROCK CODE .
cupancy of all lots in the subdi-
vision other than the model
homes, whichever occurs first.
5. For'the purpose of items 1, d
4, above, "subdivision" me s
all land included within a lat
submitted to the city.
C. Gi age sales (not to exceed o (2) a
ye and two (2) days for eac event).
(4) Condition uses. The following ses may
be permit in this zone Sul
ect to the
approval of condition use pe 't and all
required sho ' gs and condi ons thereof:
a. Churches d other r ligious insti-
tutions sn 'their a essory build-
ings and us s.
b. Educational ' stit tions, including
but not limits to olleges, universi-
ties, public an vate elementary,
junior or seni r high schools and
their accessory uildings and uses.
e. Public utility b i ings and facilities
when necessa r serving the sur-
rounding are , pro -ded that no pub-
lic business office d no repair or
storage f ility a e maintained
therein.
d. Municip or govern ental recre-
ation u , including ublic parks,
playgr nds, tennis courts, golf
course , community cen ers, fire sta-
tions, useums, librari and other
simil uses.
e. Co try club, golf course, wimming
po or other private re eational
u es usually associated wit or inci-
ntal to a social country club or
ubdivision association oper ted for
mutual recreation for the me bers,
and not as a business for pro
f. Group care facilities.
Fire station.
(5) -Special uses. The following special us
. may be permitted subject to the criteri
5upp. No. 40 2312
-
tained in section 36-54 and royal of
a spe ' use permit by th arin; ' g com-
mission: .
a. Bed and ast house.
b.F y care facila
c! Day care family home.
(6) Home occupation. }� 36 2573
a. Home occupations shall be permit-
ted that will not:
1. Change the outside appearance
of the dwelling or provide prod-
uct display visible from the
street.
2. Generate traffic, parking,- sew-
age or water use in excess of
what is normal in the residen-
tial neighborhood.
3. Create a hazard to persons. or
property, result in electric inter-
ference or become a nuisance.
4. Result in outside storage or dis-
play of any material or product.
5. Involve accessory buildings.
6. Result in signage beyond that
which may be required by other
government agencies.
7. Limited to five hundred (500)
square feet in area, but in no
case more than forty-nine (49)
percent of the floor area in a
dwelling.
8. Stock in trade shall not exceed
ten (10) percent of the floor
area of the accessory use.
9. Require the construction of, or
the addition -to, the residence of
duplicate kitchens.
10. Requirement or cause the use
or consumption on the pre-
mises of any food product pro-
duced thereon.
11_ Provide medical treatment, ther-
apeutic massage or similar ac-
tivities.
J
1
ZONING
b. The following are permitted home
occupations, provided they do not
violate any of the provisions of the
Previous subparagraph a:
1. Dressmaking, sewing and tai-
loring.
2. Painting, sculpturing or writ-
ing (artistic endeavors).
3- Telephone answering service or
radio monitoring service.
4. Home crafts such as model mak-
ing, rug weaving and lapidary
work.
5. Tutoring limited to two (2) stu-
dents at a time.
6. Music instruction limited to two
(2) students at a time.
7. Catering and home cooking.
8. Computer programming.
9- Clock or watch repair.
10. Personal or home care products
marketing without stock in
trade on premises.
C. The following are prohibited as home
occupations.
1. Barbershops and beauty shops.
2- Animal hospitals.
3. Dance studios.
4- Mortuaries.
5. Nursery schools.
6. Private clubs.
7- Small appliance repair shops.
8. Restaurants.
9. Stables or kennels.
10. Animal grooming.
11. Engine or motor repair shops.
12. Paint shops.
d- Any proposed home occupation that
is neither specifically permitted by
subparagraph b, nor specifically pro-
hibited by subparagraph c, shall re-
quire an accessory use permit and be
granted or denied by the city depart-
ment designated by the city man-
5upp. No. 40
2312.1
§ 36-253
ager upon consideration of those stan-
dards contained in this . paragraph.
Appeals from the administrative
judgement of the staff -shall be filed
with the board of adjustment. The
content of the filing shall consist of
(1) A -cover letter addressed to the
chairman and members of the board
of adjustment setting forth the re-
quest; (2) a copy - of all pertinent
graphic materials or correspondence.
-This . filing shall - occur. -within thirty.
(30) calendar days of the action by
the staff_ No activity which requires
an accessory use permit shall be
conducted prior .to issuance of the
permit. Any proposed use requiring
employees. who are not residents of
the dwelling shall be approved by
the board of adjustment prior to the
issuance of permits.
Height regulations. No building hereafter
:d or structurally altered shall exceed a,
kof thirty-five (35) feet.
(d) A a regulations.
(1) Fr t yard. The/nhai
be a fr� yard
setb ck having - of. not I s than
thirt ve (35) fe
(2) Side ya Therbe side yardsetback ❑ each th uilding hav-
ing a widt of noten (10) feet.
Notwithst ingove requirement,no condition uss district will beapproved ha ' gyard setback ofless than twen ) feet.
(3) Rear yard. re hall be a rear yard
setback ha ' g a d th of not less than
twenty-five (25) fee . In the case of a
corner Io , however, hen providing a
twenty- a -foot exterio side yard, the
rear y d maybe reduced not less than
ten ( }feet.
(4) LKea
area regulations. There I be a lot
of not less than fifteen ousand
15,000) square feet. In addition there
shall be a minimum lot width of no less
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
_ _ _z _ _Phon�:_.(�0�.} 371-4.7�0 _.�sx;_t5t�tj 399-3a35 or371•s8s3
Niswanger Law Firm
Steve Niswttn ser
#5Iniwoed Circle. Suite 110
Little Rock AR 72211
Date: Februa 27 2008
Dear Mr. Niswan�
Re: Case No. Z-8263-A
Location: 310 N. Van.Buren Street
Issue: Administrative An-1
Planning
Zoning and
Subdivision
This is to advise you that in connection with your application case no. Z8263-A, the following action was
taken by the Board of Adjustment at its meeting on Februa 25 2008
(a) Approved the application as amended.
(b) Approved the application with conditions.
(c)
Denied the application.
(d) Deferred the application to the -
Meeting-(e) Withdrew the application.
(fl See attached Board of Adjustment minute record for conditions.
(cr Other:
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have any questions, please call me at 371-4792.
Sincerely,
Monte Moore, - oiling and Code Enforcement Administrator
Department of Planning and Development
MN VVY
City of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
Niswan er Law Firm
Steve Niswan er
#5 Innwood Circle Suite 110
Little Rock AR 72211
Date: JanuM 29 2008
Dear Mr. Niswanger:
Re: Case No. Z-8263-A
Location: 310 N. Van Buren Street
Issue: Administrative Appeal
This is to advise you that in connection with your application case no. Z✓8263-A, the following action was
taken by the Board of Adjustment at its meeting on January 28, 2008.
Approved the application as amended.
Approved the application with conditions.
Denied the application.
X Deferred the application to the February 25, 2008 Meeting.
Withdrew the application.
See attached Board of Adjustment minute record for conditions.
Other:
If you have any questions, please call me at 371-4792.
Sincerely,
Monte Moore, Zoning and Code Enforcement Administrator
Department of Planning and Development
MM/vy
IN THE CIRCUIT COURT OF PULASKI COUNTY
DIVISION
KIMBERLY MENSIE
VS.
NO. 60CV-15-
ELECTRONICALLY FILED
Pulaski County Circuit Court
Larry Crane, Circuit/County Clerk
2015-Nov-09 14:50:22
60CV-15-5518
ARKANS . C06012 : 9 Pages
PETITIONER
CITY OF LITTLE ROCK RESPONDENT
COMPLAINT
COMES NOW, Kimberly Mensie, ("Mensie") by and through her attorneys,
Niswanger Law Firm, PLC, and for her Complaint against the City of Little Rock (the
"City") and Little Rock Planning Commission (the "Commission" and sometimes
collectively "Defendants") states:
Parties, Jurisdiction, and Venue
Petitioner resides in Pulaski County, Arkansas, and the property for which
she sought a PD-C lies within Pulaski County, Arkansas. Additionally, the City of Little
Rock lies in Pulaski County, Arkansas, the Little Rock Planning Commission is
headquartered in Pulaski County, Arkansas, and Petitioner's hearing in front of the Little
Rock Board of Directors took place in Pulaski County, Arkansas.
2. The City of Little Rock is a municipality lying in Pulaski County,
Arkansas, and process may be served on Mayor Mark Stodola, 500 West Markham
Street, Room 203 Little Rock, AR 72201.
3. This is a complaint seeking a permanent injunction, a declaratory
judgment, and a judgment against Defendant pursuant to 42 U.S.C. § 1983 for violation
of substantive and procedural due process of the United States and Arkansas
Constitutions, and for attorney's fees.
4. This Court has jurisdiction over the subject matter and the parties pursuant
to 42 U. S.C. § 1983, Rule 57 of the Arkansas Rules of Civil Procedure, or any
combination thereof. Venue is proper pursuant to Ark. Code Ann. §§ 16-60-101, 16-60-
103, or both.
Facts
5. Plaintiff realleges and incorporates herein all preceding allegations within
this pleading.
6. Mensie, who is an African American, operated a pedicure, manicure, and
haircutting business for approximately 10 years at 5316 West Markham, Little Rock,
Arkansas. A large number of her clients were affluent white women from the Heights
and Hillcrest areas of the City of Little Rock. She also served a number of cancer
patients who resided in a nearby hotel during the patients' visits to nearby U.A.M.S.
Medical Center.
7. In early 2007, Mensie's landlord demanded that she vacate the premises at
5316 West Markham and commenced a lawsuit to evict her, even though she was not past
due on rent, presumably because he wished to sell the property to a third party. In
September 2007, pursuant to a settlement agreement in the lawsuit commenced by her
landlord, Mensie was forced from her business at 5316 West Markham.
8. Mensie tried to be a prudent business person and decided to purchase
property at 310 North Van Buren, which is just around the comer from 5316 West
Markham. Mensie believed that she would be able to live and operate her business in the
structure at 310 North Van Buren. Mensie discovered after she closed on 310 North Van
2
Buren that it was zoned R-3, which means it was zoned for residential use but not
commercial use.
9. Consequently, she hired the undersigned and an engineer to prepare an
application for a Planned Commercial District regarding her property on North Van
Buren Street. She planned to retain the quaint nature of the structure and improve its
appearance and landscaping, and also planned to build a wooden fence around the
property. She planned to curb and make improvements to the alley next to her property,
thereby benefiting all neighbors who would use the alley. Mensie also desired to live,
perform nail -art, and tutor her clients in nail -art in her house. Such activities are not
forbidden by the Little Rock Code of Ordinances.
10. Soon after moving into 310 North Van Buren, Mensie received
anonymous phone calls threatening her. Several of her white neighbors refused to make
eye contact with or speak to her. Upon submitting her PD-C application to the City's
Planning and Development Department, she placed signage on her structure indicating
that her PD-C application was going to be up for consideration by the Planning
Commission. The conduct of nearby neighbors worsened.
11. Just prior to and after submitting the application, Mensie and her attorney
met with Tony Bozynski, Director of the Planning and Development Department. He
indicated before the process had even begun that he was opposed to the PD-C. Soon
thereafter, the City's staff reviewed Mensie's application and informed Mensie and her
counsel that it would recommend that the Planning Commission deny the same.
12. The City's bases for denial included fears that she would operate a "beauty
shop" and employ more than four workers, that traffic would increase, and that the City
did not want any business north of B Street,
13. In September of 2007, a hearing was held regarding Mensie's application
where Mensie addressed the City's concerns, clarifying that Mensie would only have one
client at a time by appointment only and only two part-time employees, and that she
would not operate a "beauty shop." Mensie pointed out that there were already several
businesses north of B Street, and that an actual beauty salon was just a block or two away
from 310 North Van Buren.
14. Many of Mensie's neighbors appeared at the hearing and angrily explained
that they were against the application because it would increase crime and traffic. These
assertions ignored the "by appointment only" nature of Mensie's application and revealed
their racial stereotype beliefs. Mensie's application was thereafter denied by the
Planning Commission along racial lines.
15. Mensie appealed the decision to the City Board, who heard the appeal on
December 4, 2007. Mr. Bozynski remained staunchly against the application, even
though Mensie had addressed every one of his and his staff s concerns. He offered no
explanation to the Board for his position. Many of Mensie's neighbors appeared at the
hearing and angrily explained that they were against the application because it would
increase crime and traffic.
16. The Little Rock Board of Directors denied Petitioner's appeal of the
Planning Commission's decision regarding her Land Use Plan on December 4, 2007, at
which time City Attorney Tom Carpenter asserted a vote on Petitioner's appeal from the
11
decision regarding her PD-C application would be unnecessary. At Mensie's counsel's
urging, and upon further consideration, the City determined that a vote should be taken
on petitioner's appeal from the PD-C decision. Petitioner and her counsel were not
initially informed of this determination. Fortunately, an acquaintance of Petitioner
informed Petitioner and her counsel of the decision to vote on the PD-C appeal.
17. Such vote was taken on January 15, 2008, and resulted in a vote of four
ayes, four nays, one recusal and one absent. Other than Ms. Wyrick, who is white, the
decision was along racial lines.
18. The City has recently approved over neighbor's objections at least one
other nearby PD-C application that is similar to Mensie's application, and the other
applicant is white. In addition, the City has not enforced the residential zoning
ordinances against the other business north of Mensie's property on Van Buren Street.
Upon information and belief, those business owners are white.
19. Mensie has exhausted her administrative remedies. Fewer than 30 days
passed between the December 4 vote and the initial filing of Mensie's notice of
administrative appeal to the Circuit Court, and fewer than 30 days passed between the
January 15 vote and the filing of her First Amended Notice. Her case was non -suited on
July 13, 2015, for failure to prosecute. This case has been filed within one year of such
dismissal, pursuant to the Savings Statute at Ark. Code Ann. § 16-56-126 (2015).
Causes of Action
1. Defendants Violated Mensie's Substantive Due Process Rights -by Arbitrarily and
Capriciously Den,-�ina her PD-C Application
20. Plaintiff realleges and incorporates herein all preceding allegations within
this pleading.
21. A claimant's substantive due process rights are violated where her zoning
application is denied based on capricious and arbitrary conditions. See Cunningham v.
City of Overland, 804 F.2d 1066 (C.A.8 Mo. 1986). A zoning decision is arbitrary where
it is based on random or convenient selection, rather than on reason. See Martin v. City
of Bryant, 18 Ark. App. 94,710 S.W.2d 846 (1986).
22. Although the Planning Commission staff recommended denial of Mensie's
application, the staff's concerns were corrected by amendments to the PD-C application
at the hearing before the Planning Commission. Any decision to deny Mensie's
application could only be described as arbitrary and capricious. Therefore, Defendants
have violated Mensie's right to due process.
23. As a result of the denial of her PD-C application, Mensie's business has
been damaged in an amount to be determined by a jury.
2. Defendants Violated Mensie's Equal Protection Rights by Treating her DitTerently
from those Similarly Situated
24. Plaintiff realleges and incorporates herein all preceding allegations within
this pleading.
25. The Supreme Court recognizes an equal protection claim for a "class of
one." See Barstad v. Murray County, 420 F.3d 880 (801 Cir. 2005). In order to state such
6
a claim, a claimant must show that she was denied a benefit (such as a license or permit)
that was granted to those similarly situated to her during the same time period. Id.
26. Numerous businesses are located in Mensie's neighborhood. Many of
those businesses' owners or operators reside in the same building as their business. As
such, Mensie was denied a benefit granted to those similarly situated to her during the
same time period_ Such state action constitutes a violation of the Equal Protection
Clause.
27. As a result of the denial of her PD-C application, Mensie's business has
been damaged in an amount to be determined by a jury.
3. Defendants Violated Mensie's Equal Protection Rights by Discriminating Against
Her Based on Race
28. Plaintiff realleges and incorporates herein all preceding allegations within
this pleading.
29. In order to prove racial discrimination, a claimant need not show a lengthy
pattern of such activity; rather, a single invidiously discriminatory governmental act in
the exercise of its zoning power. See City of Richmond v. United States, 422 U.S. 358
(1975). Additionally, a plaintiff is not required to show that the challenged action was
solely or even primarily motivated by race; where a discriminatory intent is a motivating
factor in rendering a zoning decision, the equal protection clause is violated. Arlington
Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252 (1977).
30. Upon information and belief, the denial of Mensie's application was
denied, at least in part, due to her race. The facts and circumstances surrounding
Mensie's application point to race being a factor in the decision to deny such application.
Therefore, the City and Planning Commission violated Mensie's right to equal protection.
7
31. As a result of the denial of her PD-C application, Mensie's business has
been damaged in an amount to be determined by a jury.
4. Mandatoa Injunction and Declaratory Judgment.
32. Plaintiff realleges and incorporates herein all preceding allegations within
this pleading.
33. Because such denial was unconstitutional, this court should reverse the
City's decision and mandate that the City grant Plaintiffs PD-C application. Since the
City's denial of Mensie's application for a PD-C was arbitrary and capricious, the Court
should declare such denial unconstitutional and thus invalid.
34. Additionally, since this case involves Mensie's use of her real estate, she
possesses no adequate remedy at law. Therefore, the Court should enjoin the Board of
Directors of the City of Little Rock, its employees, commissioners and agencies, from
preventing Mensie from the use of her land requested in PD-C application.
35. Mensie demands a trial by jury.
WHEREFORE, Mensie prays for the reversal of the City's denial of her PD-C
application, a mandatory injunction against the Defendant compelling the Defendant to
grant Plaintiff s PD-C application, a declaration that the Defendant's denial of Plaintiffs
PD-C application is invalid and unconstitutional, and a judgment on her § 1983 claims
against the City and the Commission in an amount to be determined by a jury but which
will include at a minimum her mental anguish and out-of-pocket costs incurred in the PD-
C process, for costs and attorney's fees under 42 U.S.C. § 1983, and for all other just and
proper relief to which she may be entitled.
Respectfully submitted,
NISWANGER LAW FIRM PLC
Centre Place Building
212 Center St., 1 Ph Floor
Little Rock, AR 72201
Phone (501) 353-1158
Alt. (501) 773-3651
Fax (501) 421-3651
Email steve@niswangerlawfirm.com
Website http://www.niswangerlawfinn.com
By:
S tepheM B. Ni wanger, #964
Attorneys for Kimberly Mensie
03/23/2009 12:52 FAX 15014213651
f6 005/027
IN THE CIRCUIT COURT OF PULASKI
3RD DIVISION
KIMBERLY MENSIE
VS.
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT
CASE NO. CV-2008-2694 I
141
Petitioner, Kimberly Mensie (`Mensie"), by and thro
Niswanger and Alexander Cale Block of the Niswanger Law
for New Decision, states:
1. On March 9, 2009, the Court entered an Order
Board of Adjustment's denial of Mensie's application for a
residence `nail art and nail tutoring limited to 2 students at a
2. In reaching its decision, the Court held, "The
,ARKANSAS
PETITIONER
FILE[' 113/2v2009 ii•'3i.52
Pat O'Sr"C'm Pul- Ski Oirruit Clerk
C,R2 8-' .
RESPONDENTS
her attorneys, Stephen B.
PLC, for her Rule 59 Motion
the City of Litde Rock
license to conduct out of her
37
does not reach the issues of
whether Ms. Mensie's proposed business constitutes art or wi)etlier she tutors students within the
meaning of LRC §§ 36-253(b)(2) & (5). The more specific provisions of § 36-253(b)(6) govern
over the general provisions of LRC §§ 36-253(b)(2) & (5)." 0 �cler, 16,
3. This principle of construction —the specific gov over the general — was not
raised by the Respondents. It was raised for the first time after .he conclusion of the proceedings
and after the Court affirmed the Board's decision from the
notice of the need to rebut or otherwise address this principle o
relied to affirm the Board's decision.
. Mensie was not given proper
3onstruetion on which the Court
03/23/2009 12:53 FAX 15014213651
U 000/027
4. Rule 59 of the Arkansas Rules of Civil Proced , e provides, "A new trial may be
granted to all or any of the parties and on all or part of the clai on the application of the party
aggrieved, for any of the following grounds materially affectg the substantial rights of such
party: (1) any irregularity in the proceedings or any order of court or abuse of discretion by
which the party was prevented from having a fair trial ... (3)
prudence could not have prevented .. , [and) (6) the verdict o
preponderance of the evidence or is contrary to the law[.)" A
(2009).
5. Here, because the Respondents did not raise
Of construction, Mensie did not come to the hearing prepared
The Court indicated its reliance on this principle only after
and the Court had rendered its decision.
6. Thus, there was an irregularity in the
Mensie was prevented from having a fair hearing. In additi
aforementioned principle resulted in accident or surprise to
could not have prevented.
7. Further, the decision to affirm the Board is
of the evidence and is contrary to the law. Attached hereto as
T, Watson. If Mensie had known prior to the hearing that the
to argue or rely upon the aforesaid principle of statutory coast
testimony of Ms. Watson would have been presented to the Q
or surprise which ordinary
decision is clearly contrary to the
R Czv, P. 59(a)(l),(3), and (6)
"specific over general" principle
rebut or otherwise address it,
had been concluded
or abuse of discretion by which
Court's reliance on the
ie which ordinary prudence
contrary to the preponderance
A is the affidavit of Elaine
or the Respondents intended
this affidavit or the
at the hearing.
8. Ms. Watson has been an active participant in the; nail industry for 16 years. She is
currently employed by Star Nail International as VP of Market Tno and Sales as well as Global
Director of Education. For over a quarter of a century, Star NX 1 International has led the nail
2
03/23/2009 12:53 FAX 15014213651
f& 007/027
industry in the development aild InanufacturifLg of some of tba most innovative professional
products and services. Ms. 'Watson has also been a nail rcchnicim, salon owner, and an
international educator. Further, she has worked for several other manufacturers such as EzFlow
and INM (International Nail Manufacturers) when she was an ' independent contracted educator.
9. In the past, Ms. Watson has trained with some f the top known nail technicians
in the world and is now hired to travel to foreign countries to "Conduct educational seminars. She
usually goes to one or two countries nearly every month. 1
the U.S., Nails and Naflpro, consider her an expert and fret
advice for their stories. Besides these two magazines, Ms.
foreign magazines.
10. Ms. Watson was asked whether there is a
"nail art" Itx America, the terms are very different. "Marti,
cosmetic treatment of the hands and fingernails, by specific
nails, and applying polish. "Nail art" in the U.S. means the
appearance with various mediums (such as: acrylic paint, pc
most known industry magazines in
ask her to offer technical
has also been quoted in many
between "manicuring" and
in the U.S. means the
removuig cuticles, cutting the
ion to nails of a decorative
glitter, stickers, colored
polymer, mylar shapes, crushed shells axed dried flowers) on to), of the nail or existing artificial
enhancement. In Ms. Watson's opinion, a person who is performing nail art is acting no
differently than an artist painting on a canvas. He or she is j t choosing to use a different type
of canvas and medium.
11. Attached hereto as Exhibit B are webpages d cater] to Nail ,Art competition and
contests. These competition and contests underscore that the Y"i Erb. mature of Mensie's proposed
business is to conduct a type of art that is recognized around e world,
12. The Cow:t is supposed to construe the ordinanc s in favor of the land -owner, not
the City. The law is supposed to protect the land -owner's rinot the bureaucrats' decisions.
3
03/23/2009 12:53 FAX 15014213651
R 006/027
It seems the Court may have stretched in this instance to rule r the bureaucrats, conceiving of
an argument that the Respondents failed to raise. Hem is the ourt's chance to protect Mensie's
constitutionally -protected right to use her residence to perfomFnail art,
13. Rule 59 provides, "On a motion for anew trial any action tried without a jury,
the court may open the ' if one has been entered take p judgment , Additional testimony, amend
findings of fact and conclusions of law or mare new findings E # d conclusions, and direct the
entry of anew judgment." ARK. R. Crv. P. 59(a). Mensie
enter a new order that overturns the Board's denial of a
WHEREFORE, Petitioner, Kimberly Mensie,
Rule 59 Motion for New Recision, entering anew order that
business license, and for all other just and proper relief to wh
Respectfully sul
NISWANGER l
#5 Innwood Ciro
Little Rock, AR
Phone (501) 222
Fax (501) 421-3
By,
Stephen B
Alexander
Attorneys for
4
requests this Court to
license.
requests the Court to grant this
the Board's denial of a
Mensie is entitled.
W FIRM PLC
, Suite 110
,211
888
1
#96012
,#2007149
Mensie
03/23/2009 12:53 FAX 15014213951
Z 009/027
IN TIM CIRCUIT COURT OF PULASKI (
THIRD DIVISION
KIM$ERLY MENSIE
VS,
CITY OF LITTLE ROCK AND
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT
CV-2008-2694
I, Elaine T. Watson, having personal knowledge of the
under oath:
I have been an active participant in the mail i
employed by Star Nail International as VP of Marketing and
Education. For over a quarter of a century, Star Nail Ir:temat
the development and manufacturing of some of the most inno,
services. I've also been a nail technician, salon owner, and an
ARKANSAS,
PETITIONER
RESPONDANTS
made herein, do state
for 16 years. I am currently
as well as Global Director of
has led the nail industry in
professional products and
educator. Further,
I've worked for several other manufacturers such as EzFlow and IiNIM (International Nail
Manufacturers) when I was an independent contracted educator.
2. In the past, I have trained with some of the top kn6'x n nail technicians in the
world and am now hired to travel to foreign countries to conduct ducational seminars. I usually
go to one or two countries nearly every month. Our most known Industry magazines in the U.S.,
Nails and Nailpro, consider me an expert and frequently ask me r offer technical advice for
their stories. Besides these two magazines, I have also been quo d in many foreign magazines.
i
EXHIBIT A
03/23/2009 12:53 FAX 15014213651 1& 010/027
3. Z have been asked whether there is a difference hetu•�vn "manicuring" and "nail
art," In America, the terms are very different. 'Manicuring" in the U.S. means the cosmetic
treatment of the hands and fingernails, by specifically rsmovin cuticles, cutting the nails, and
applying polish. "Nail art" in the U.S. means the application to I nails of a decorative appearance
with various mediums (such as: acrylic paint, polish, glitter, sti ers, colored polymer, mylar
shapes, crushed shells and dried flowers) on, top of the nail or a isting artificial enhancement. In
MY opinion, a person who is performing nail art is acting no diI erenriy than an artist painting on
a canvas. He or she is just choosing to use a different type of cannvas and medium.
I
FURTHER THE AFFIANT SAYETH NAUGHT.
,_.,.'.,,.. R • r• aurae
Star Nail Intemat7'
Vice President of
Global Education
STATE OF CALIFORNIA )
)SS.
COUNTY OF 1 t4(1&5 )
SWORN TO AND SUBSCRIBED before me, a Notary
2009.
Notary Public
My Commission
3RiA0Q ,`l. AIMNSQN
Commlialon # 1699951
.� Notary Public = Calltornla g
°k Los Angelo$ County b
My Comm. expires Nov 1 B, 2C11 C
and Sales
this the day of
ires: Af8 �a -e
03/23/2009 12:53 FAX 15014213651
[a 011/027
Nailpxo Magazine . Competitiom ( Rules
Page 1 of 13
Pebmv,y 19, 2000
HOME I BUSSCRIBC I AOVERT170 I ABORT US I CONTACT US
February ta, Z009
NOMA I aUDSCAISE I ADVERTISE
I ABOUT US I OONTRer Us
d o p 1? jshe search
Civeyfl�lrsa or- rs�aa? eovrwlt, It}urp�� s! •r
Home In Thlalseus
Nall Art
Showy gyehiS
Nawa & Feaiurss 91ogs
FfOdOelsa:eurea Cantor
Vlpsoa
3utleeAptfan Sarvkas
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AOvERASEseGYY•a
Judging 2DD9 Regjster
'•,y'st,,,
Rules Criteria Glossary sthadWe Prizrt fdQ Tod■yl
D0E(
compoullon Teeholeal Intam.0-1 '2005 Cempcl
Con Cybsr
NAtt-FRQ.
11314s nl1
euy the first -ever
Hann.Qcstt uorp Gompetltcrs ReeulLt Modcls NOWSI
ltv Cempeutlons
7rada5ha5hr -
"leak book" for the
.�Soto
'.
rlall industryl
,L
_)171 etlt7.orl. 11-111e
The I9gfelradel tee fe NONREFUNDABLE and NONTRANSFERABLE end hau
• AtlmlaalOn N Ina'Crvnpare w1tl105o Bwll• wecvmpadtlon deer
Show admlrwton 1Dr competllor and model(&) (unless otherwlas naled)
f `�'!'
- Work Station, PoWng end an electrical DUU81(utters otharwlso noroo
• Certll . of pertlelpesen
• &MU-tlan from quelMed fudges
• Elbblrly for Nalram Cup 2008
Oompellora ere raeponslbla for tu)derSb3nding the rules, Indrmaum end peAsgry
WmPl- rN with ell fulm pay
L nt
&pedal sbendan to Itoms In RED; May are new In 2000.
Submit yaurnail an
desipu for Vol. 21
quellncatlons -
IN3MREIJoD Fe him
general Competition Rsllea
itsmor)Ck"LA
Nallpro Vanu. ampatlnons
Nailpre Cyber Compaddona
Cyber Cotnpetrtlane Photo Ragsdrarnents
Judging process
General Compaddan Inlormanon
Netlpro 3-p Ntll AR Ruler
Nellpro Alrbnrsh Nall Art Ru1os
Nalfpfo Daelgn Bevlokued Nails Rules
Sponaorad Links
Nellpro lAsnta syArt Rules
NattproFlat Na II Art Ruloa
NtUpm Nall
NM¢,vat=nnch Twlat Rune
O"Patmont
Nalrpre Fiend Painted Noll An Rules
NaflproSolon Success Rulac
elan Up Newtar
Narlo"Stulptured Acrylic Nails Rules
Ean.0 ph u
Nanpro Sculptured Dal Nile Rules
NI!lpro SCYIDNred Na llr Ruloa
Request Fnt
Naapro Spa Manicuring Rulat
product Into
Neltpro Tip a Overlay Rules
maltpra Tlp d pvarloy Relsy Rules
Quallflcatlpns:
�
Nelipm nall compedtlona are Open to all baetrry professlonelt Ilconeed Or gWfl=a t
ptuk+m nail servlcet- C urranl
eWtlenlS rvltl eeeuty prafaeNonMe from smear pr countlWa In wtlkD Ye&Ymg fa gel
1re,j are also enp'Dla ID
campetq Proof of Iloansurn erqueliftailon (such as Wind arunllmoM ceRlDcete w
leaf oafelrming ao:an
employment) may be required.
IS
beak to top
Gonerai CompetiVorl Rulos;
1. Campeulon end models roe mugntible lorundevetanding and c—plyingwidil following compaddanrulas.
Fes—tocgmpy mry rwwtln point daducdon Or dlequallfiwdan at the dlecredon c C:u Naspm compausorl AWN,,
Tile Nallpm oompeGOon alas fasbevm the dghl to final Intarpretadon of thou odes,
2_ AO WOlx must be Completed by the regfatared composts r, II Na,pvo Ma this ode n.,- baan violawd, the
competnorwln be p.1Q lied Imm cOmpeling In any ,Vellpm er,Wpn -nsr cc,,-4qah ror the period of one year
3, Modals are NCT Glowed to wormy Jewelry on tlelr hands, WdSts of erm6, l c��` ,17 warrl" Fellwa to comply
will moult In a deductlon of 5 paima In the wtogory (( oc'elelL This rule 6M hot oP, to MOW& for Fantasy Ned
Art.
A. These cvmpellllon rules ate In enact for Naspre Cup 200, for rue clad tram, r :a co mct the Compalldan
Meeaega Center at 80UR87-61U or small nallproeompe@creapveage,com, Of to 618MI&2DA.
a Compellmmmust deslgnatothair lovslofexpedaAceWhen lhoyraytyr,
A navla■ compagmrhas net won a nnl-place award In any nail cornpediion at a aotwry ;nAw,
E)GMrr B
i
03/23/2009 12:54 FAX 15014213851
[A 012/027
N ailpro Magazine: Competitie:as : Rules
A veteran oorapeelor tear wen Arsl P18ca award h any naV aampebVon a I tyaum.
& vunnan tTltsf. second, &V Ihlydplacn) are rDwgntred at both ale neaw velersvr levels.
y- Nu4c1e vompetitora who con a nmt-lace award rnu* advance to are vy ran ravel far the next show.
& A teem of OINnpBlW7* Yral WFAIa 16 P649pata Vt Ne Rfi* c cup2= Tee IIQ1 lgngl nP9f ragIslerby Iha
early rega"c" dead tm tar NlVvwm Arar*n w ly raQtalreilon dllaedne, r am MAMb64mBY nor ee eddec or
WZ§nped for eraI av&-iL The ranrrber of team mambsreb lNIpn W. W Cal, "pa7ras eemad by a lo"I lop Ihme
1poren h each pern UMPT WM cant towMd the NAjw*TWD Cup. (if awrtysi"IarrNM a man, or rharrgaa
letrna benveen ehaws, VIG paints darned by M to"66w In puer ramPabfani}rte not be rewardW To ON learn
0' CwWffM= Who WmPSW MA menrdbAhvea ]own mug compote aaing � *Amon racy, rra letaled � :: e
from that company. K" arld MSWI IMplemants are exeluded.
10, UW1 reprabsnN cgo etImm and tJwhrnwels nwq SOO cMneanl to Cr Aga Pumeaaorv, Ina end an of
Its prepeAes W Treaty uas Ondfar reprok til ani and ep phangrvatn mkee a B>,i tY a r. Indgohr2 Incse lakgr by
pharagrapharahb*d for fe shnwby a,ouyaAaa PW&Aone. AM phaoar are prppkroY orp66r1.a AN publkabe n
bndmay not oar used+�ho —,Ihan perm'sekn.
back So tap
NOAPra V11hue Competitions:
1. The rvlga wlll be MVleWed Ina mandatory bdonng arhequlad 15 minutrra pato�I Thar slen olaerA cpnpeVtlert
2. CanPedoers mual eW * ALL naoaaaery prwWcU and Ilupplles, lndrldhp Itrn�lr and uwrl cr we L.. ?remrrir.
rnuat bar rn labeled mmelnere. ` -lrr
a- na#e IIM o0 produce n9t 2101PN In w8 DUt on LN* wort srna, end 811 caret must be 66-Ad,
Carpadulm coal nd be allawed to me&'% hm 9re case wllhout cort pall n sw P; t�
aDr81 ""-•'t after Carr peaden has
d. Ary proh?W%d 1.
prvauaa ar ad'r 17i lCu17 at a mnpg7Ac'e haUtwOm Wr1 baRxas u)j, &V the oompeuW
mum be Wsqus[tllad at d18 utecreban or the Na"wroaftn am, pmd,r_w Wo wwmd at earldam of
inward rarorno+fy end then any bf raquest
& a°'n mug tly*a nm"I whenm6deN am required Models bar el least to yeas old.
Lweae 01howae eww'o "on MOON may be tuq j
Q. Campeamre must report at the wboduled rapes bnw to ruceN6 rnpy rumba a'Fa a em,aa anal ne cos not bar
a6ailerl Nall eR ewe m9y bar Mined W by soma6ne 6dwr than the rarnp ae[cr �I
7. Dnne d 0 ti xrr77 s'e rx, wmPultten MhY NOT touch ar&mod8fs a of the wmpaYah6 Naas. FBnta'e m rgmpfy
cop! result In ffs¢r avr a Q on
8. Access la &A -mpeaban area 18 Ihnlmd to mit,a, modelti end NaRpro mrhposbbn awn.
S. Canpebb-a enw tnware m, yNDT!•m re an wmpgUUw waq wkhalA the pa���� cotes of Ma wmpeVdnl sWR,
Falk" to tzrmpti ndd rar�.1ln dawAIMoanal
10. tntlen a asnpeotlan end@ conQ.ulmamuAt 7 W,p,�rrft. gw"el Id mava away itan Valrwork
arad118 as aereefed. Gompetlwre are NOT allowed m tooth dlelr moft4 s*h vntl deer 6V nave been krdged.
1786ura10 canpy WIIY88aa In magrmW16dofi I
11. W1en a rpvcsuonaws, modefa mustTapow ble hrruajfra gyps pi ft staff Modo18
W eve rA onmp64� area V$p B="d try VI tlompadt lwaif, M18Y NOT
TZ. YNwn WedeQ mmpetllaa nitre: prtmwlfy tleantM6 worlcshaone before f g the compiddon arms,
13, Cpnpslaon ens NOT allwvad h ernyor yla judging am, 8t sly ama. FWL" ke wortywwreguth
dR9qu r-*wtlan.
laouftftJUdp@>AprOmskmodel@meyNOT sPOQ1o61hermodol8ortehall ages,
10, Models era NOT pemllted to mare b+ah+dge a pateln during t}le lUd>nng
1a• M1"Y adlor fvmd no[ovlfJ�Ytl+A Nip+ the Nstpra nrleebafvra Ikerg orum a CI oy the ahbd h wblad
Wm@Quel;^.C9{iPf7, end mrlet f61un lieu trophy a6 wear ae e!y and all Gash pitm ea etpro start. Fla or she will also
be prwa llad Rem panlctpatklg In sty Welrprd OrNa dr6dun wrnpetltlon brone ye
Fagg to lop
Nallpro Cyber Competitions; 'I
1. The Ndixw CybK CompayCone INGC) are co*rgtl to &ML ata;rwnlw bdrn�ol4"E Rom Iho UA and
F;KM T 09 wOm lc oampvla 1',Td10;it ft C$7Qm 6a of nvel, TH, ev llx faft ddrd P"rt h the nallpro Cup 2008
aortas. h lnc uA$a four 6016mrt wwflUana.Throe as arllsuq and one Ism 6nar comPMM-n,
2 All a -Id- raro to be eubfiltlodv)a WHO by the event due dates.
3.Th6 NCC will bar (ydged uaiV bm same snmineaon Ixocase 10 da wnya anti. Ten ananva Mp be
Page 2 of 13
http://www.iiailDro.com/comnetit.inn.,_mlr>..c nhn
03/23/2009 12:54 FAX 15014213651
IR 0 13 102 7
Nailpro Magazine,: Competitions: Rules
seceded, ram WNrh thd*a socvrld_ evil P ba zWwl 0* tMdlstsw0) recetva &=&
ahee�, The Anelllrta' amreawal cunt t7w4rdv na rrst'orc Cup Tneae enmGleipol' w racawe 25 pffTd*don polnla
lawards the Mop * Cup. 1V
4. Prue mom will be avrarded only la the Mgrar winners. NeUpro m&Wrlp W11 Ayer u1s nvvnt ee It Boas our
venue oompetldona, and rosulpr will be published.
M The aperJsea of IM snip G the dILIM Imsgea that Make up 4 campelldon efilpr s wall se due rsquknd s4 dpl
and rosowtlpn, are Ilated at www.nallpiv,com. The complete aubmlaslen;gosa may be downloaded only ellar
reglaimAng for the campodtlpa The MCC Is govemed by separate rules, wNm d+&1 crprarod herein.
e. A photo relefia elgrtsa by the oompaotbr end phdegrepker, plus a model na'''&��-��Ii"""a fprnt elgnod by the mgtlN,
must be scanned a d eromlo4 IO Nekpro. Falltne to Wow this rule will VwBn d-� at4-n.
7.NeUprp 4VVdVBApePublleadena&tenetmWonstbleforsubrnleeionsthalKarsloafduring IsensmIsslon.
S. Photo monlWetIgn W &rill rolrrt la net &bowed, hop subrrysWcnw)ll be dj-q M1119.
!
p. All dlghal hnagps meat be 300 UPI, saved as a OR Its In CMK fomlffi_ II
10. Cyber wmpattW We must 811017111 di Drier In/agss of Aw vlwie for each entry, For I .yon pompdkdraq, >he Me
' awa era presentall on pose (tap parepealva), O-wrva, right aide Nee, IuA sine ' w, end evara7 v1ew,
11. 9ubmlaatona W h Noompletq kilk imlon or rressing tonne u al not Ile )udged
17- Upon meefvIng your FAWdueron, Nallpro will Mild on pulgmabcarpU 4"Ajnp4 'to.lf you Iteverlot mm)Yvd trla
tesppn*v wlgdn tree days of tho duo date. you ritual eenlad Nanpm SO Gcnnrm yr: I your an" has been received,
nI&yatrted 14011y10mekelureyour&rnbmladbonwppr9o"al.
13. Any CROUP IRIBgea diet frBve been txA in any cvwpna:ograpMawall s+npW on may NOT he entered Into Ins
Noe. YOumey nor emit t. ol+ra lmieep more lbe5 anca-
14, A11 dlgnal IMBgee swoons&& mot hgvv ale wired narrlM ft and correspond ki ate mrp#pd submission term.
15. Alit oxnr &tikes will ree&Iv& ■aitMon arW cat lesbas of psrWpadpn. Once fr ¢wVmv have keen arVounwO,
Inv 015ml addon stag will myffma and Band actim aheefa to the atsaafd slits tY,�ir'q; WaIjAN. to ala w
Weetarra and melp MMFFdvrw IOr ftnVF vem&nt vl& emdi,
16. VMnw& (110t, epcond and third ptare In fwvk@ and Voleran d~1k) pry v :� urxrr7 vie email
beak to tap
Judging Process:
1. NeYpm eornpaddons Wllze enayUO searing bojudgo me aritdoe.7Tnse Judges rx Vriyx the nrnloe entries and
\retenen arBrlap as two er aua 0 +1>&'Threueb brie prucese of alhrkwdon, tnapt4ea Saba nO more Bien ten
mallets et eetll tarsi to be scored. Ali other SMIAM Wll) not be scum by Oro l:tdr,s;'
zThe llnelbte twrctrIWMaevleved8AYAlaneer111ytlLtgaeoONVp+nocm,F-IV;S1sareevauffiOIntan
cantina. Each ca 9MIt WOO a ppsalbta ten pelnd, tengttp Gem 1 iUnoccep.Wa) to 10 (FlaMasa} Etch d
the arrilepmges rs M&P!a dbW lorludekg three msourteleg&rlap. The cat QNW jt vvOOawpelklht ere RAW In
the ndm eprrc(>fe to 90 mmpaiMen. Wy flnallsl8 racelva acme wears,
d Trmcm9al eon elatf ealeutetes the *a scare$ and theAsiga: ratty me ppaca.�+ebdwe excusing the
ananata Any da Wle be broken by the rlead Judos. The OdWon of the Judgvs Ip trail.
4. The ffned4m receive Nadpro Dip pima mAarpOndlna tg Ihotrfinal &eer'es. AU vtrwr carte* n&t" 25polnts for
peroctpeang 1n the aohlppdttpn.l)ra Sarre allpllBe to leeM rMdyc. Each member df Ci a frrsSsl Imrn9 a91 ni�etw�
1ha4 ppmpd po1nLB. Blrrerteted nley lean member&wIN &silt rer�r.&.28 ya'ddaa�1r Pebt4 0119tta111fpd
compedtora receive b40 pints.
S. There moat a mbdrnum or 4 eompatilaa In bad%eompar*n or Tptay teem& crd for via cunpettllmn lei grossed
iv p{antlpd, T111e rnaerre 4 eerYt IM1 vobrrm atdror 4 aerh In neuite, >r q C4VtrP71labn h1 b be held, die rwAce
entrant&.pre&erAw�lixatlaWWtoCOir�eletotAeva4VpndlN9lainibrNatpatdR{rr�ti, t�ptlknonly. Th"willby
nO r�Tlrlda OT nplpfatl4l floe,
back to lap
General Competition Information:
1. These eempeddenrules ail In~ for NarWo Cup 200& For rAs clartecagon P He corWcrthe Campedaon
Me&eegeCantarct000f/t17-5195oremaendbprocamps®crvarlveege.com,x >J1>Y8S&2g8g.
�. CD✓Wdto i murt OoWaie thelr level or o-0ipcilcna whin Q39y mjltl@r. a
• A hovio& aorr.pabrx hs1 rot Min a fira4p:eca award Inorry nrdl wrrpeddon ale b hoar_
•Avateran eompellbr has won W-ptiloe award In cry rail mrrrpaddon at a beeiltf )}bew.
3. WrInere (over. seWflg avid "N pmea) era reaNntead a both the hOVtbe and Ve bevplp,
0. NOMOO bempeflbors who win d nnill-place errand must advphcs to She vales Ilavet $or the hehd BhaW.
d, A teem of ooripedtom That wprda 10 pertpdpete In the NaQpm (,yp 2W5 Team ChgSvS* a mist reptsr by the
Betty raglaaadondeealmfor regletrada,. After The Daily regbttratlmdeaditna,�oam lnber&maynotbyadMDr
Page 3 of 13
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Nailpro Magazine: Competitions: Rules
Clanged for stet evarrt The number of town members to unllmiled. Iwt only the jN earned by a tagm'e top tiles
&Mt*v In each eompetltlon Will fount arvrard to Neepm Teem ap, (if a Temp wOjj4jo1 no a team, or ehangas
teems Heevaen sinews, Tine prime earned 6y tlra! mmpetltprbl PtiOT Wrnpeg7ens w sal ba newonlad to fie learn
reboarNety.)
9. t:crnpPlipro who Cemp9lo an a mdx raa�ds learn must 00fro" using Odyrr A grore labeled Perdu*
Irom Ines company. Ftlee and awtet lmgerrra7la ern �rtrddad
7. Upon raglatranen, Wnpeeters Pnd drelrmodW)a ghra consent tp Crm lWBM Ape' I Ubma, Inc. and all or Pieprapprdas to Nroty use anttrbr reprad�ua ury Ind all pholopraphs taken at ow sho r Intluang Iheae taken by
phamprepEtera.lried for A- show by C40adva Age Publi-dona. AN photos are Of Cm;rft Ape Pubnrasane
and may not be used wWwA wrihen pamiselon.
& Arras. to the companion area Is Ilmlted to wmpetnonk models and fl x''p.'ir ccm$vofwt staff.
9, Napprp compettrbrra unites aeelydc sparing to Judge he enbres. Thxosjwdom pri?vw h&nedre -ntips end
Yeteren ativles•es We soparala groups. Through 1ha prppeaa of eMmbtatlen, 0sa p:d�m aatocl no more Ihm 10
Mrwllsts at each level to be scared, All bdlrrsnMee are axersed pderto oaprkrg I;y bte fete 5.
I
10, The 111181%U el each )Oval are Newad slmtAtimeouary du0np the eaninp pvicetsy F7na17tr ere ewluolod In 10
mtegodw each category Ie worth 4 passlbla 10 point&, ranging fmm 1 (Un@=509e] to 10 (Flawlaaa) Eerh d
he dtrea ¢Idgee Is teapdrwlbla7arJudg7rg three m twat pategonee The reNgerlae , paplr oompetllon are tl>,od In
tlm Mies speanc Do that competition. Only fi KM% retails were sheets,
11. ThB corrlpefiy4n 3f01f wkukales tins that sasses erld the Judpae vasty the 4n:� baftae eraetratng ho
11mllcts. Any 11as will be broken by ft Flaad Judge. The decision of tlta Itrd0m is f/�t[�t
12. Tre nnadato repfwa n#Vpru yCW poV s GWft%cr;jkg to tld g enm eerres. 14q Dour enhl0a rwo:ly 25 P is for
pardcipadng In me compammi Tha trErW eponea m lam rweyL each MmewOve+fin sast I.WN wit receh%
hatr eem9d pehu, Eltmhwlsd relay teem womb mwill aarh receive 25 peMerpwSdi�pdrU. btaquelllfed
mmpeardp
,Oahe NO PotnU. IIII
13, Trtdre wieta rtwmjm of toer twVw-cn In aidl w &`lair rIpMJCurI nelsyr lear�7 order for aye mmpedibn to
RVP;VO99 Plminx. TTi' a tr,6W.$ fas R7crr .I reruur. anrkv*W 9SO in na0m. rr q!W:r*& tiro ta58 to be hold,
alb n&Ada &*Wtd prsawm will be eiloNed to comp note In Iha vemren dNIMra1 Oar thy;can!arfa+trm}oeW-W only,
Tltm,awll be no rtrhatda of replaaetltrt teas.
14. The ImOvIdual term wlltervies pre moat panda at Im go, ggalon orPAV 10aa Will be rra*Ilsd ttw
)Vabpry CUP — CM—
P-
IS Tina NaN-alp zoos charrlplon writ mcaivi
-The Nplprp Coo trephy
-A 33,900 cash pans
A ormies a aniv lgNansde kl Naepm
• t ladma at aeafptlytn to Navromavogm
The raMAWra arse dnagels will tedelve Nalrpro >rp MON1101-&.
18. Ti- aso m frith dla rr"I pl;lnla sk are gwxtL tan or!: o rp r, s6b-vlrernv30W vfl( M 7e usltpro Qjp zoos
Teem rerattier
Tha m&W Cup Team punmtm ship m3,rw
' A &Nkp a "WVfewhvtltl& in Are. p
•A IIN MM a,rbealp*A W NaMoro Tor an MM mwnbWa
17. QOollpetltpra and models afrokPd plan to attend ins Awards C6remtw7 W rqu" ri"_on and %Gates of
pergclpatln Imrnadltrtay allernle ce WMeky, tla aarttpeVUM atml win dhmbutl eheel+ to tfre 1lnpilsla. The
Non Will be avageble to etxwer Quenon and make m-cy ,., ,s for :MWu n
18. Any end ill Otte or boPhT ravlelbneere aostnprad during the bdBlMg [a- fw
19_ New odes, P orn Ornvv Mtbf nedon anti Trot up ForalWataslen. Any Mesif1.p'rv-m morr, maybe
prcwnWd via ameN W eellprecomps®gpLcom N Me and of the mmpartlon year to
A Nanpry odmpatltltrrta tiro a 9lrbwmse For the nail Irlduatry. rho Neflpm romped eon itrall e*&= all partitapetne
m cdnduck dremshhds In a PrPtaaelbnal, apansmetdllw manner.
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I
Naifpro 3-D Nall Art Mules:
1. Camp eater6 may Submit mOTa than one envy, but mwfl pay 0 "d vauen lac rot ajch entry, Only NB prima
earned fay a campadlar! r -q W emrhg orlay wM count LftwrdArappra Cup Ml0
2, 3-D Nall An anlrlan must mnsbt of 9 sal of 10 Individual tips with on mtlnal, lmm j b3•0 nall art design applied
to diem_ Toe design must bo Incorporeled on lha llps, The Nps arpol allowed enly sa mWgt the dealgn ae abase.
Tbay must be }oily Incorporated into the design,
S. The henre for eeclr 3-0 Non Art compeedon will be annquXua wrote the InY of the w
lhamp trust be followed on aM I netts, I mpendon year. The
Fxampie., Nallpn1 Anabulm - Transportedon Theme
4. Tip We and edglrel color do NOT Maher. 11
5, All no art musk be mad■prtrnenly horn protesatonal ball produce (colored riVtd -pooOr acryeq ilghta 4
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N'ailpro Magazine . Competitions : Ruhr Page 5 of 13
gal, wrepe end resin, pollen mlnseionw, eta}
6. Entbemshnn—tt or adornments, may be wed, bt4 must NOT ekcttao ZS percarr of Die overall design,
T, Top coal. UV gal aaeLvnt bt Clthor pollen may be used,
a. empeetors may NOT Else Orly gglo nphted art; deslgne or logo..
17, Compodhoro must prepare .red aabmD s Nrrf el ;Wtemard In two pods' oft tla� Lr.g 710 product. ono prxessae
uffad m Vases Ina drt fdo NI name tfpectllc brands oe manvfschererel, am ens sng the story oryour
etterPteliWri of to Drama. Fallvre to pravlda IhIS trdcm+011im vgll re DUE In a Gull L deduallon In overall score.
10, Ten Ups; must be securely fastened to a plain (one color, no textvra), Role + ftx d e Jtufging process. The
alze Of the mounting SLTfaee is to be a maximum of a Inches wide by 0 in;Aea doi0 by X tee, end It must bo FLAT.
FLUSH AND STURDY. Any entries that do NOY meet this roqulrement will be T.s usWAd at Ihs lime biludoing.
71. 3-n tally Art WAI Do ?AIM In die Po OMN bd raloOUWL &VnotlW. NaUN IM 1 aaS dome, dlmenalen. oolof,
WrrrpoWWn, eYaeat bnSY'bbabn, cCmplkAY. W0MmSA" anv deeW
12 Any 3-0 Nall Art doldn that cafes, or has already won, Mal proles et At 99 thmtampaplian cannot be
roused by Me {inner or eopled by otneir tompvlhor, In euba■quant Neitpro ompolflimu. The Nappre
edmpotldon alaff vAll dbwpmlffy any daelgo itvoruldere too e(muar toe %Ad deadon. Any 4)seuesfan
with the Nalrpilo COmpo=on star■boot designs-91 be hod In sbla cttn lid sA
13- Verluo C;vmpebDoru: 3.D Nag An enblee maybe tumea 61 by a.rFq ms Dinar an the cotnpellmor,
dudes w1A be pNltWM'n! Aywok muse be completed prior to the cornpetMat. No larkato LNL Sealing df o1od4m
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Nallpm Airbrush Nail Art Rules:
1- An Alrbnwh Nell Art anby must consist of a alit or j o InLMdual Boa with ore ftA I done by alrbruoito only.
2 Canpetft m may aebnItmore men me onvy. - rn-pey a rgoM- vert iee oil dnlry, Orly Ina pbtnts
etened by a mnpeladrehighest scoring erthywill cauht Idwerd Nghpm Cep 20rA.
3• Nall Afl eftldol Avon 0;,r siet ant of 1D Iridlrlduel t;p WM en orlglnel, d>omada nil WE4"lr, eppiled to sfem. The
deelgn n l be IrtrarpdMa W eq 111v ope. The dpsaro not allowed Only w asalet IrnF
tgn all s base, They moat be
luny e4wpomm Into tree dolman. 4. Alfbimub Nag Art entriaa may be tumo In by scoteons other then alewmpa
The team% for ae[9i A"wuxh Nall Art cornpeteien cod be anneunaq before Ma D Jr,ftrp urd'm mmwddnn year.
7'ha shame mwi ba (OmW oft NI ID r1e11s.
6Semplat Nallprd Anehdm - Tranapbnadon Tr-4
e. All Wa& must be COMPlaled Mar IQ the wmpeadon. No work aladorti all :5g or dlx:r+,ce, outlet will be pmAded-
7. Tip adze ergo offgelal Coltu de NOT molten
B. AJl worts must be daft by elrbruahing only, Only alrbrum paint may Lw used
V. The aurfade or d- lips "will belluah; NO t917od aWWK
10. TaP doer or W gal ff"a nt MUST he used but must NOT esbnkzbl any glider.
it ComPedlore may NOT use cry capydobted art, deelgna or logos
12. Tan ups must be.acuray Iestened to a plain (wee color ho tastersh lisle Aue orm for Die Judging pmpsaa.
The alto of lh■ mountlnp etaieca Ill to be a mmomurn df a Indlps vode by a Fna1 s by 114 skit tea tend It mustN.plrlg
be FLAT. FLUSH AND STURDY. Any entries that do NOT most d* reptherrmontw: be dwquIBIDIed the It or
13. Ahniin NEa Artwgl It-Mijao In Ina laiew:ng 10 easgorhd ejglnPI4,. claw, I�;aros1. Itteme, d-11, mlor,
ebm fwef ill, overlie Imprat&W&, eemprpdp., xNrkmerlanlp and dwK gf, Judgm riA "�T be Informed eboUl Which
DfvCuW Owner tae3+n4uw V." Used I
14, All Abbatl3h Noll AA der Iron Mgt wilt. cr Pas arready wen, &&I plom at B Na+lpr IcomyGudon tdnr,N bo roy9ad
by the w4sfar orclPlDa try VJ16rsarepa tlrty MauLseq JOn: htakprp ryirf W NelIvro, cos milon alert Wu
d! a n eery any detlan h orn:lson :oo LlMear to a wlnr4ng design. Artj d rruselon ihA6-' N WP 4 alrnpeiidon SLQW
aaout uealgns cord be Mal In akin ovMeanee,
15. Compelflora meat prepare and SubrWL a written SLelemanl in two parts: one 9eu' ng the products and
prorasses Used m rleele the bd (do NOT name spadac brands W menufocnrreaj S d ono tolling Iha slory of your
III rottaitdn or Iho 71em$_ FaIIt1M to provldo L'yt 1rCorA:aUo, Wig roaUIT In d rrra-q;Mi iCsO, mrn cveraI BCore.
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Nailpro Deslgtl Sculptured Nails Rules:
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NailpTo Magazine.- Competitions : Rules
1. Cwnyelllors will have 2b hours to cdmplere a s.I oI compeddon sole
COlorod prooucheln crlpinaland MI:dCwaye. Tip& and adhesNa we NU
2, Compelltom mey ubI"comblrreBon ofanhanr4ment prodr,ea or,,A
mntam:na COlar;.mder4dtl9r.
3, Emballiahmenta may NOT be used.
4. FlOw8M mini riot be used anywhere In itre Maigr-
5, The modaitr Mromal (Asrnsy be pr"*md for Pl— application More the u
NOTba it"lled uno Ina campedtfon sterns.
B, No oonSlderadW Will be glwn for any pro-nod0no damage to y modsrs naolnl
7, CamPedtore may lay otp fanna DMM the campatltlaR huh may NOT apply tore
a. if s;yollo. ocenpedtora may)oy tnrtromis asters the rnitpown, but pow an
Taeon noun+ mustW In odginal mr4don. Founts cony NOTbe altered or apolad i
a. The surfoov or the nag ttnhenafrnams must be fluah--No misted aurfara%
i mania usarg}orme and
v yrJytla, Inght—d pal, BiQ)
0neoa aronti but product May
v, cutIcIm dr holds.
,TI the campedrron $(Brie.
staff -I'M musk batletand
the eempotloon state
1a Na pracucri, sum as rlfvened dps txary •tx�owe littler' producm may by uaoa�aronn ar ::Riot rn mekttg a
errtGo use. A'I scone i7res must ea den. wyg bttrsn bY>tand,
11. Carnpotltore may NOT use my capyrlgMed art. d■312ne orlogeA
12. All flies and buRers must he dean and unuM& E]erLio dlw, aharobb Won _1.1 btrfnng prWUCM may be
used.
15, C)trenstng Products (raspy, Wa) end MclswrIzIm pnxtuats (oas, Weatne, 1) a0rd. 44%) ere agwvrxy
14, Tina nnit a hveanens m botN nary Arumt Ae Inlefred !n e regh ahbte by p,!t:+:. ep Ing top beet or using a
UV Vr eer'ern. Na onrx P0101% WA 4rg PMer poach, In 410witl.
16 Beffin 8ouliotind Naga will bo,Ju ipm In the Idilawlnp 1D m*o,%K IeDarel ea end asvrvee, rangh trod
Bh", Wrnposrltorr, -'Gee eh -tin—, PMduct emntra artd finish Wwkl rardde yrys, pnsn�y, adw, odynalhy and
overall ImionaMOrl_
16. Jutlpiawin vlvwyourwakthbnl the AW, but r1M)ge Op cam" )n hapW
17. AnY Design Sculphrad NMb d&M9n VM whw, de has already won, ffM plebe b Naapra mrrrp.dfort cannot be
n. by tlta winner ar mphd by goo campadrga In+rub w(ra Ny1py wnput The Impro campadtfon
ttmi7wm dhq"wy w ydwlgn A ODMIden 00 Blmflsr to a winfing destgn. Any disco I an win ft NW,4w*
=r p Mftn eleu about dbagra, vdll be held In afdri cvmf moo
beck to lop
NaMpra Fantasy NaIJ Art Rules:
1. Crm ndlore may submit morn ttlan one del try, bvt mu at pay a moll trndanIMTorI antry, It the polran
9eMW by a mrnpytl:ory htM&A a ry awry tall vowel lan>!rd N,svpro 0z 20A
2. AN wadi Wooing modof prspma11e14 must be rnlnplafed Pryor to the o petfdvm work Weft% w Mg or
sfectrIeW oullet will be pmvfaod,
& The m0d51 must be tt coswma aM preparod forJudglrg of the d&Addad report t:T r< Thorn anti be NO briefing
fbr Ues cwr"ddon.
4. Models wW aland during the pd*M process and must be able to walk In taai,vm ut eaalaia—,
S. Alt nell on rowel be made pri".,Jry tram prelse:foetal moll p+ad= (colored VA�64 WiRwavir C; IIB4titiyad
pet. 14111M aryl rush! Polish, rrftML% nos, d•;x,)_
4 Embelllefmrenla maybe used, but must NDT axb6od 28 paeanli of the overall TieiEr-3WL?baa1
7. Compvtltore may NOT uaa any m pydghted an, dealgrls or lodce.
S. NoIN mutt be Incorperated Inle the d"In, They may NOT serve only es a bawa,6-,olni
dedoeNon rl nags are ncl I n wntoreied Into deslan.
P. Competltora must Propare and aubmil a wdhan statement In two parts --.One decall the product end
prxasooa vsed to oleele the art (do N07 name spedliebrenda or menuracturera). a 1 one telling the story of your
Werpreletlon d the theme, Failure to do sawal nvwlt In a nva-polnr dad"llon In ov :Cora.
10, Props may M Ind.ded ey pad or ore oosturae, btq ntustbe anrBllBr than the mpdsl Na adMCAa1 consldanbon
WIN be gNen to handmade COStuftS antYor props_
11, Fwtrasy NO Artwef beJLp�pd In irks f0tt0511ng i0 aviaptdea• onplr l , Waupl C atoms, 000lume, color,
aernpaa;t;de, WarylllmPrvdaleA a:.r.Fl malty, wcrso'na�antp 8rd dmla,�,
12 Any Fantasy Noll Artdor+gn that Wine, or has comedy wen. first piacc M a Na .,A,e aallpa::on sartnotM roused
aY the wm,er W copied by other rodtpelkors In eubaequattNd/pm oampatltltrts. Tt.,,t�,���„ toompelltlon start wm
Page 6 of 13
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Nailpro Magazine: Competitions : Rules
IV&46m"Y any dealpn It tanslds s = 111m4f to a winning dedgm Any ftcumlon ',tn Iha NaApm oampellden start
about Oosly s will bs hadAlm strict conJldamee-
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Nailpro Fiat Nail Art Rulesi;
I. Ccmpallwra fray suDVLmafB gun one entry, MA My file points lamed by a Lme-,W;F&vt9conng wity
will +bunt l5wsr* Naf�prb Cuff vm Il
2. Flat Nell Arl erodes may be fumed la by someme other roan the og"lio YAx.
:. A Fist Nalr Art 8mry muaT canalet of a sot of lolnmv&al bps wilh daeldn done lwnd•DemvN cr¢y. Thee mlfel
;arnVP inolvklud Bad flN !:a ywumd to one e,mhyr, DOE;gu may e(asrnpese all !� ypa m a 0e wra, bd dp� rrlr,p
ramoh dndNt0jv.•
4,All Work mustbemm leled p pTlortethe wmpesllon. Nowerk sratbn, eeelnp or;I lvctnc.! Dole! Vnll be pIPVltlad
6, Tip atZe and &-191nol color do NOT matter.
A. All work must be dorm by hand-palndng andfW oltbrushlrr& Only point end mall may be used,
7. The surnm Dana dps must be hued; NO rplaad eudeces.
B, Top met may bo used but must NOT tontaln any pAber.
9. Competitor& may NOT u60 any rbpyrlpnted an. 08e10ne or Iowa.
10. The 10 dpa must be securely 120mad to a pletn (ana color no fwdufaj rtrrj surfilrA in., c.a Judaing pmeeea_
The adze oT mla euxeba is IlrAled t0 B IneJtaa by g lnchle. SUI'Mea hod not Ira b,: Iran 1/4100. Any edtrlas that
do NOT moat this rqunfrAM 14 W dequayned at ft Amy or)udpinp.
71. compothOra must prapom yid aubmil it w. rittarl stalwenr In hve port*--Qne d.• lsrq 014 pmduda end
procelsel used to cfaele the Art (do NOT name hate ac bronea o: Mawr=ua 9), Pnd one baling We story Of your
mtarprotedon of the theme. Fanurs to provHa thls Inlbmlalren will raepA In a evE• t dedvaron In avarsg scare:
1z FUMt Neil An wlU belua0w In vte laswng to cwL%Wt s cdarntw q, v.xrd loco. eM1 theme, damn, odor,
WtnpWdon. away Imaram.lo,,k, mmpltrucf• uo nmr wr.,,-_ mao0lpn l ea cowl ❑T m M mod about Whl h
prodwI amdlmleCnktuas worn used.
13. Any Flat Nall Art dvaIanthat WW, -4a alrwy wM trot plaoa at B7:dyprp r�nps5bsn or be reused by
trtewmnaratxpleobyetyrar�nrpedtore IMfLbmrsrwsrkHproctznpalriksa.Tne JgopnmmpcddvrtMrdlvAl
d49JHI)0 any dsalgrT It constdefa toe limner to a wkulblp dedgm Any dlawwsalbn W })p Nallprd b6lnpeddon ✓,loll
abell t daslpna wsl behold Laatrkx conddenem
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Nailpro French Twist Rules:
L YJt.1C�>stm�nd:x'.a�CompeumrawUl heVa 2.5hdun�complem east of �*npo pnlp•ut fail enhancemenle
llal rHlect en t>trpmtu and ardadcmterpremllaw vi dIe tredlYand French. t lrntutc or tlpsmaybe used, 2d&
'*^^. :,,,,�^� CempalheR bloat eybrnit lore phabs (sly pyrlerd ndea) afmmpyddyfV•sryre rue oywancemente 1ho1
TaAyct an ortplefW and PM lc Intarprotedvl of the tredlbonel FmnM. Elmer forms dt lips may be used.
2- CcmpeDWra MAY use n1ycGme4lebe4of OW f pok des• and whlle entta.uemc�; products NRdd-snd-pe.Vdar
edi'lle, AaM-Curad gaLwrap: yrrd resin, aft.]. Qpagsyp;t:Y. an0 au+ererbrod s:J4miFaMrm:yxpdut:ta wa NOT
allowed_
3. E trmrwnmont prvduIXe wnufkilnp Ilght-olered ptlbar (clNor, gold, white pate *it opalaedeno
xv Wvwva-
4, Finbanlshmenle. may NOT be used.
6- Varxra &MD1kne%' The modern naval na:lr rrav De prepared for product sip ly aa7 before the mmpatillm
:tarts, IPA pradutw may NOT be e0lad urltt he colon Otlon hone.
fL No talayu w clear prodtxy of emY rype maybe applied to 1ps peer to almching ym 10 ale Antwal nelL
7, Only unaltered dear taTeglM (geFtypa, bru$h-m, lubee, ate) tray be used 10 s I
M dt lips to the ne1l.
a, AU anhancemem predr>cts nruytbe applied m fps aRBldl9 ups ere adhsryd lv u:e � hues ail
d. Van • w tl�o�.�,. ll scvlplhlp, compeumn rer. ray w IIHma boron lha :onpa but peporaw meld
forma roux be Alt end er 0n fwy t muR ba to onptnet oondlkn. Fvrmz may 140T vowed or eppuad ands the
tamDe ORO starts. If eVarl eyhlg bps, nxePebren mustfsy act 0a barara the l:i(yAr*�. tl.t bpi may NOT be ellared
or epprim uh di lho t:ompo3trm bi ens,
tn. Ve41L4 rarrodFlcn� rye coneldarvdtmwlY be given forpny Due-eldednp damage :p amatlaCe nelurd nails,
motes, or hende.
I I. Yhy 4urfacs of the nail eninmeamenta must be sum; NO reined rAjrfwcga.
12, ]&jljp,•00M=1 112V'All Ales and burrera must 09 090 and unueed; yktcblc fdea,;t'. r rnbW and btdAng
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Nailpro-Magazine : Competitions ; Rules page 8 of 13
I
produebs they he used.
13. Vanua cnmeeeJ= CloRneing prdduo(s (SURDS. SIM) and malsoirzing W4: (ohs, Cream:, Io on& Ala.) ere
allowed, Exc93e1va use of oil Is not permitted. It will Do at ale judge'. Ubcredon Ixdwv:i W ekoe.s an,
14. Tha riot afahenaallhema on both hanas must bb dnlahed to a Ngh shine by bu�a, appytng lop met or WnD a
gel %Relent Na athnr palish, IA Wig CIM9r WSh.In ak-Wed Ill����II
13, tronalTWteiww belj,:QW In the fmmairoa 1st offleporf w i;r" Strum,,. RAG
Gym. knph aid Mope. Corr F"Work ourken aaUM", Product Control and 4115A work, circle area,
wmpla br. arra6 anew, odgtnasy and ovarad 1mvea4ion.
I
1 a. Any RMO Twiai design .rot iwlne, ethos already wvn, ilratplae a al a Natprgcrmyotl:an cannot be roused by
I)ha wfnnbf Or copied by other aympeUldre In eUDbQpuanl Naapm eonpatldone. Tha iiarlpm mmpaSSbA 40wl11
dlequatiy Any dASlgn )t CoWdam too akrdlerto a WAmng design Any discussion tivin va hl Ji M compatltldn Alai
About designs wig ba h9ld in .bid =MdwKw. ,
17, YRWII �r Judge mil view yourwont from tha Saw, but wAt Ne Competition In progress.
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Nailpro Hand Painted Nall Art Rules:
1. A Hand Palnled An entry md.t consist or a set of 10 IndlAdusl dpa Wi h design a by hand painting only. Tips
must remain Indhrldual and not be.acmed to one anathar, Ooefgn MWoncompes All 10 tips Us a pldtsa, but Ups
n-wl rKnefn fndNidtnl.
I
2 C—Pellone may at,Mut more Ilanona nnay, but must pay ■ ruetPbatlon [ae ft jo entry. Only Mp points
eamad by a rVgMra hlphors.cathg BMW W I -L" Steward Narfpro CuP 20M
3. yealtja n,o.thfons HAM ParAW hied AA anoos lney W iumedN by 4cmem A, dw Me mrnpalor. You
do not read ro to pnu m at We carhp"&n to Wile dhl► mmpedtlpn.
4. The deem@ [or aerli )WW PakdBd Nell Art Wmpedtion wRl be r ww1rrad Lafaiy he bsgtn" of the competition
year. The @hems must be ldlowad an all 10 nans.
Exempt; NeRpro ISSE Long Beach Shax_ )Mad ma
rx2q>3;sSi1>zIAs k4= Ail work muelbeWnuhnedprior lothe vompedbomNow DMA01vaeaengor~(:W
DutletwN bo proAnad.
S. Tip P&a And orlanal color do NOT matlan
7. All wort must be done by hana painting only, Only paint and ner7 pol)sh may be
e, The Buffaca a the Cps moat ba Rush; NO ralEad eunacee.
Q. Tap coat or W get Beelant MUST be used but mual NOT camM"glider.
10. Campers may NOT we any ropy4mad aft UeElom or logo
11, Ten 0pa must be Beet niy Aetoned to a plaln (Una eoiarne IaAWmh flat aurhuo fwvwJvn4 pr mi.
The afee Births Mundrlg mulls a Is to ba a m wrpum M S Ill m vMg lby S Innis" garn by Y. inch lal RBMA mini
b9 FLAT, FLUSH AND FrURDY. Any aninea thM do NOTmeet Mla rw�t6ramard wibe aequ Mad Al tlrb*ne d
J40iri0•
12, CampoUtore must peapam and submit a x hton statement In two perttrone de LCra me KoqLlrd 214
proeaeaes ,and W creole the art(do NOT name apedfle huarlds or ma&Vf= swre). bona tatVp ma Story 6f yq u
Inlerpreladon of Ne Theme, f:9llure t0 prdAdo tMs mformnllon wll rosW In a S.rtl ed,rcl:M;n w.mq score.
13. H" Pelnlad )WIA t,vlll ba Judged In the jvllowing 10 ralegodar Dtglnaflly, .! W kiweat. theme, mwt
wide, bmnPDWUWt overall Intproeaton. CvmplWxity, W&Wnonshlp and deai8a aWga Iwra NOT he Informed about
which wodocta BMW& I dxdpaes ware used,
14. Any Eland Painted Noll Ail dow that wins, Orrin already on, Af9t place atn .IA'groo"tkao =rpsot be
roused by the wyawr urcopled by altar compe boos In auosaT grit t;s pfo t-0 > The Naiipm ❑an4ia%a A
afetrwilldiaqualyanydoslgnrtaonaldentagsimilerfoanthfargd0Vl Any Writ Iskm Witt theNOPM
P;mpvWm staff about daslgm will be held In ally comldenee_ I
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Nallpro Salun Success Rules;
1. Compedldns will haw 1.5 hotlfe to mmPlote a eel of leleA-mylo hall orgi"_r1c4 V9h1g oNlBr forme -nips
2. While Ups are NOT Wvwed (dear or nehsy Opp only).
3. ComP91.11 a may usa any type of profa.manal prDaucla as long us May do not .+i:N in Lunt lo94rh9r, If uaing
gel, the tampedlDr must use ordy gal, liquid SAd pawar, 910,43e1 contaaonlsmay 04 laa POWL 1101BAeement
protludbe dantaIrthe gllner andfor any other Color Bra NOT allowed_ Gel Saadam may i ia applied as Plop coaL
4, EmbelllehmanD may NOT be used,
d. The modefa naftool nails mey be pmpored for product appUaatlon behlm the eom " W'':atert3 but product may
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Nailpro Magazine: Competitions : Rules Page 9 of 13
NDTbe applied unW Ih9 compeudon owr%
d. No m)cM orGeer ptWuM of any"maybe appllad to npa prior to nm them to Utv natural nell-
7- Onty unaltered clear edF,mdvee (pv1-Nile, txuehbrp wbev, a1o.) maybe usod :a l ;Jrtlpe to the neu.
a. All eNmnaamvnl produmo moat be PPPI1941D UPS &W da pps Pro Sawed to s nalumt W.
9. No considoratlon will be gtwen far wV pra-eW9Mg dermrge W a modern eecaal M, asrJes or harWE,
iO. tt wulPtlng, mmParlrnrs may )vy oLrL forma befouq the cmpeeeen, bul paper � a melel lame must be Retard
Tenon Forme rrtuat by In odylrlal cond189n, Fame may NOT be ahared orapptad "-: the compeup9n starts, lr
dw911811Rng Upa, tampOdlom must lay aiAlpa before Iha brW4, but tlpa may NOl`� shared or epolod until the
oar npMon sarts.
11- tun r ,-dud la, arch ea uwgrad spa nr pny "ceewo d+eof product9 maybe u:e tafwm oreaelei k+moking s
atrdle i .a AU WHO h1al moat tri Cma wkh a brenh by hand-
12 Ak Mae and bLdfare muetlx dean end unulod; stash. 61a9, ehamele bolero aI
nti bumny podock may be used
t3. ()la9naing products (soaps, era) and melelln'I>ing prpducta (dMs, ty'eams, ha IIIIII�� etc.) arc 911owed. Dlcesafve
UPS of oil is nW parmtnvd. It wts be et the )udge'a dlscreuon to dadugl for excess a
It. The naa 9nharnoemenla en ere hand (compedrmea h.1.9) mual be psl;:rw9vr red cream Pollan, Bees coat,
ridge Rllerand top coal are allowed. Gel aonteetems may use rod Pollan.
1S The red eMnrcevmems on lha ul7pe11ehed hand must be Frsnch.eble ipnWe i and whhe), anlah9d to a high
earl end completely free d po'Fsh. I
14 Satan bltrceaewnt beludgvd In the fcllool g 10 Mtegarleat premratCMrol,
structure, leler>d eyygw% bcufwea. W%th vtd In9pa, ovens N Imprarslon, Polish
Judges wgl NOT be InnMed aho A ttly pvmx i ancVor bal4gsµs ua od.
IT. Thaft wM be NO acmaunent (dsducdon In the Reel scare) ]or using upa.
Ia. Thu urweralas brbdm hands mull look the earn,
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Nailpro Sculptured Acrylic Nall& Rules:
1. CamPeUl"M WM Nva25 hours to eo<'Milvte a eel oraaspturad,
rnlmg kwrw Tres and edheNve are NOT slowed.
2- Cemyadtm mtar use Rq V-4-pmer srryse peaducts Orly. NplYawd gal
PM NOT a19Wad.
haea wtide area, ewf—
uurnwFW hwork,
e(d-rcarher>is
9. Only shasr p)n$ clear andwh4 smatcemart prodvW may bs usM ErnorrOy II du p:ycly ccrngryory q y
andfor any other mla We NOT aRowad. i
t. Emb8M&hmsnt3 may NOT be UBK
& The m9dslL nelurel nalle, may W prepared Tor pW ua Oppllestlon beMn Chet der., tan PrOdud may NOT
be 8PPReq"the t ompegtktn sfatm
C, N9 *MPIoaraapl wtp ba 9Wn far any pre -Rutting damage to a models np u w Ita_ wticlea cr hands,
T. No p NOas, suereae ["ra yysy Cf 9hy'm6ldd agar' pr9ducm may be used to WM Or esalst In matdna a
smile tune. A! arril9lnea mt:at W dod:s wkh s bruM by hand.
IF- ComPec§et'e racy 19y VMA rMAP ty9l06 dra mrrgrMM, but paper and )n9tal roans'scut bs 48t and Won fbn—
=at by Ir1 anginal ppnedort Fomw mvir NOT be atmded or �
applied until the tampetltlon starts. it
9. Moans taunt be ftNded el On base of tie null art Uta unpesehad horA At the c9 me coh lgl;
MOOM may be added W th9 01ehed hem
10. Ad Noe and Lad(ora meal by clean and unused; dtrevi9 rtlea, chamelsbuffara sNit„vr,1 products may not be
used. ,
11. water on;y may to used m7vn m dust. No canned Wr fa allowed. Cleansing Ia (soaps, eta) and
molemdh'tni P—mlI loll0. rrao c lodana, ai9.1 awe h)OT alrevtsd.
11 T119IM enhehcemente on one hand (atmpGUWa dtolw) must be polished with cream PelWk Ba:a cost,
ridge filter and top oo9t ere NOT alowed.
13. The hall enh-mooments On the unpokshed hand mustbe Froth,Sgfe tpwow whllo), Wined to a high
ahlne and completely km df poQafr
14. The underalda of Wlh hands nWaL look the soma 4'.
1S Sculptured Arryrla Naga Wirt be Jut�ed In the Ib wIM 10 eaiegoflee: pnxdaCt*, s7„tte Ilntta. aet9e ame,
aurfeCa slructerte, lelerel stiueiuh, a-RAV6e,1tilgrhsad ahnpq 9wsr9T ImpraeNon, 9ppllrsaen and Cnleh
waft
Lam. rr_____
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Nailpro Magazine : Competitions : Rules
back to, lop
Nallpro Sculptured Gel Nails Rules:
I. Ownpfiu--A' nave 28 hcws to Compiats a sat Of wulptured, OempaWat�a uv gal neG enhsncamenls uWng fbtrtd. Tlpa end udn02NO M NOT Wawa it
p7e� ore usB n8et'v r gel p+nducm. UquM-and-pndvr end reels GWM pr4
a Onry abler pink Lear andWNW Bnrtdnrrmentpredvc%�; may be used gAh
wm and/or any ealdr [Nor de NO7 dizrNee. 1 � si"
4. Embelllshmons may NOT be uaea.
& r" m0692l netwal nail moy Lw v0pered for Pvd=wplicaffah bgrom ale nm
FI'..f:, but Product mB ba Good >�I pt0 ear w,Mun Btartr, P y NOT
a. Nv eonak1gratton wal ba Wan nor any pro-Watlnp damage to q moddre,..wU r apnea a bar de.
7, Na prtavws aura AN Im+aned dpa wany'Cadde seer products may be used td•drm or aaft In malenp a
amle in a. AU emnD Mrt0a mull be dma Wlltr a brush by hand,
0� Cat+patltaa may ley des IPM1e b6ftm the mmpe WK but paper and motel framis nuy 09 r•_if and TeAal1 tg
mt:al W In 66glnid rnrrdldan Fvmts may NOT be ak&Rd orepplled Uno, the orrlampt�gati sure.
9. MODNI swat BB an wiled q the Eaaa of vie n69 M VIICol0letl bend At the t7 Kmtl ' a1 the ce
may ba added to eta rod-Mtafw I,prp. mpagtor, means
10. All
used Ak
iae■ WTI bulbs mUBI be dean andtmueed, @19Mc a, ohmaePo btdfere a w}nap prUawM5 may not be
I" Watarardy may ✓b usad w strove dvrt No eerrtgd WA9 eli6trird. Cleertdng PG I+ldnA (aoopd, etc.} end
maWe. ZbV Produce (Cea, -Wn11 lodanar 610 Bt) N¢Tialavad. i
tZ, The nag anhancamenla an one hand (oan'vaela a dmoe) [noel have a eror I {laL gwe coat,
rldpe Altar and wpcoaf drred pff h is NOT ttlbwtrd N0 bb of
� �rH➢V to
13.11+4 nag alheAt*,ne Ile on the urm&sd timid mull be Frmcttslyla IPMciewo d WNW, Anlshad to a ttlgh
shirrs, ony-
14. Tne undprvide of b* hm a not Ioolt the alma,
16. Scllplurpd CAI N8119 wla bsludpal In the ldowlng 10 eelap .. peo&s cw;ro I"vMad, nttldo Brea,
au race ewe0av, lateral amsrtraa, o-anm, Iwgdt aril mega, 0rrd11mpr6eatWt Cv eppAoaagtl end Rraeh
wort
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Ndilpro Sculptured Nails Rules:
1. YSnea C❑mee WSlU-- COmpedtors win here 2,9 hours, b complete a sat Cr lwpt.4, ompatlfyyt VA OQ'AC
nag erNenc9monte udng rormB. Tips arld adheelva are NOT akopad, CArr�alllcn rnual atyrr�I Ave photos (sea QB,-rarer eyaar coal} oIa sculptured nan,el diccmpoWdtregla xryy rlailardwlNeffi y usvlp
forme, 70c and alheslw are NOT alloyed.
2, CwtlPmders must t ae I Wuld-entl-Paroer Bayuo yro�ta ony. upM+,vrad pal ' la ere Nbr elnwed_
3, orry tha- WA deerand wale BfIltee"mQnt PA7duga may ba rzed, u:r sw0,torkoroamLs Mauro q after
arm wry a Ih or ednr are NOT !pared.
4- FrnbelABr-aMy may NOThe used
a. YAUk2M2N= Tha mdd$a no4rral hells may be pmparod Tor product v:c;:.,)t: ^ Wore no Compedeor,
bVr PrOduel moy NOT ba apptivdtud9 the owmaaeea »nh
0. YRl1ULG@II UL No aanslderadoe 01 ba given forany pre.e7dstlrg damage to rtaturel nail&,
%WK orTandl.
7. No pradudq sua do $ve !Sd tlpe c{ drly c0&4a a Ator pmd u= may be used to ::rr, w eealsd In meldrtg a
emits Me. Alt entc lvtds must h. dw G, With a btusrr by Aana.
e. 42[1U CnmaatiygnL Compedlon may lay out forme odors Ina compebearr, but Wd
and metal forma must be
Pot and Teflon rohna must Iw In orlgingl con(1110n. Forms stay NOT by altered or2pplix
alerts.
until do r-0n>pallg
6. Moons, moat be Includrd dies bBad or the nag On th0 unpollahed hand. At ma dill
moans may be added tO I" P67ehed hertd
rturuta compordar,
I
10. ynnlra . erueau&LAA riles Bmd twNers must be dean and uAuBeek ov= IMA.'
II mils buHwa and burflna
prodlh7la trwy call Ce uaad,
I
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Nailpro Magazine: Competitions: Rules
11. Vdaler only maybe urad to ramova dust No arrtrad ak I: showed Glee-bg
dd& (aoaps, aIC) w1U
mdswrwm 7mWM (oflk trserrts, kdond, eta) ore Not e:io-Hod,
%The nall enhehremme n m the One hand (compeetora dterca) must be po4w
wtut red oroam poly Baae
coa& rtdpe libarand tap cost info NOT DYowod.
13. Mw pen Ala Oe tAe unIldlehed hand must be Frertr7r.syla 1~la
r and %,Njq), pnlahad to a tdgh
314ne and eompletdyimv or Pam,
14. The underslda of both hamb irNer tOOk the atrn ,
15, SWPWW AWPD Ne.1lvAe bplud39d In M& following 1g ralegmiss; product
Not,Amla ertae, e,Ude ar.s,
surface mMXA o, latsrel atrtrsure, C cirme, lahgdl And shape, overwllrnprpseEon,
rah appHwdon and fWsh
vrctk,
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Mailpro Spa Manicuring Rufea:
1. CompWors will halm an$ hour to complain q spa mtanlaAa
4, wwv work beonn antha MMOL eta eml' c lna oteetluum, dvm ammlies 4 w Cantlltlan of Me
m-vr>P j r.anda will be ludped. This means pooes"11 NVAY.Kng the Poor,
3. No anhancemanL prodrra may be prswrtt At the Mellon.
4. All filed and tw M muse be, dean end unua act aleWC nWs, rnemola Merl, ens rg prwm may be used,
s. comPedWM musrprapett arrd rUbmlt a wntaan sraLwwi dalemng tkm produce » used le perform
the spa nwituro (do NOT nerve epedk bmnde or mom ncturara). Felhae to do ipckLV ntetlx 4 a Rvp-ppinL
d*hCklb .I� ovqvqll tcae,
e. Cleertatno products (soaps, ate) and molahHkblg prodWa loge, "&ft lollosa ) arodllpwod.
7 The rwturet rW8 M ate hand DMIlefdmra d,olce) must be pdkhadwmt tact POW. Bann, C* TWg#Mw
anntap Wet are o)vwetL
& The nmwW pelta W Milt wt-V h and moat be OW OM PMVvaryla whh a P011elt Ix aetlal ct the compethord
d79". Bade met tidyo UK em tap e-K arc mow a
a, Np ARwotk En dhwAG
t0. ttetUrArlan w1t bo scared On ereanitrrasA rX Work ereq rnaol a fr�'Wed LsA pal rdprr.) asrltl>inp t� orJer tar
tnp a resat Ct cantefis ari EPA{yyllstaredhcSpkaS fgllddeadhnadrp prodMv fgt I_ Q<r pw# to solver aU
aurfaus of ifle tnaTv, Own lowaiA, MON WPWMWr A. Nm Q1dh=0: end M,&71 rV ptndtaa.
11. spin MAN -wing wm be)udgad In the Nhowing 10telegarAw earvlwafr deco . y. pt "tw common,
tartlue corldknott pmwr appltOedort (red), Pe7 W r pglwedrt (FlerctrAry a), targrl a �F4u; r. overall Inpreblm and
finish work
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Afailpro TIP & Overlay Rules:
1, Cerppelhw's f bare 26 haws to cOrnpteta A ens of compeuuon.sLyla nAR Arvtall •as'-- using claerdrnabtral
%A- WtNa Ppa endit Wry lylta Of forma ma NOT WkDwad
7. Campoclora may use ermrlquldand oar aoryllcpft&=, Ight-erred get OR wrap proeua.z
C ambini'V M,14es eltr4rlrr"&M prodUM tvlrl NOT be ahmwed.
I Ordy Ihoor ptnt, d6w and tvfaia ehhan4amem prodttete miry be used. &ft nw preatce wnlalrmtg gtuer
afr" any dtherwor tiro Nor Stud d,
4. Embdllshmenls may NOT be vied.
5. The mrdeys: faNr� stags Gray M p�tppsd for prodrei eppllrntlgt before dte a:m cn �rtr. but pmduci mqt
NOT be eapned uM Ina c sr,,.rdvm alaft
t No colored produas of arty We may be Appllad to Upeprlor to etmatfig them to I^.r nehed nalk
7 Only unaltered deergdhBdvm (9g1-p,P8. bn,ah,m, bubo$, eu) may be wed to sn;v bPe to the nail,
d All enhancemml Pro&= must be applied to Ups after Lhe ups am adhered to Me bibiurs n6l
9. Can tare mile! LLI
p� Iey out Ups geiore the hdaling, bu Ulie may NpT W altered or480+A1tlE the compeduon
i 19A5.
10. No tensidarallon win be Mv&l for arty preaxlefog damage to a maders rrsarrd r4 eu"'an ar)tend$,
11. CompelUara muss lay our Ups before the Wermp, but ups rM not be append undf i sMapattloaa A[st
17, No prvdva,- sulM ere irmbrbid :ps or arty •caolda n,W ptlouds may be used Iv err as W In making a
untie rkm. All srnge Unee rm,:% W 0pMg by nand-[th Wrhene6 mAnt prodyga,
Page 11 of 13
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Nailpro Magazine: Competitions : Rules
Is. All Idve tnd bur6n must be dean anti veins -, alacblcides, rlsaniols WIWI buffing 7oducla may not ba
used
14.F+e!m -,ty may ba uW,4 rxnata v4:x No rannw vrte Mawad. Cjenelnp I n;1;'AI (80apa, file) end
nnOwtnWz v Pr+�903 VA!k Erb ems, lvtlms- vc.) ere NOT etlowed.
15. The nsol wnhencemenle an aria hand (compadOr's Cttdca) must bell A I red seam pWah If usino
atsyto' x using got, a red color gel mLut ba used. Base Coal, ddgv fl0er and tap toA am NOT asawea
1B.Thsnppanhancamenlsen?AwtppOhedhsadrtrustbs Fmrr. 611y16{ph tclI
,nine anly, Bed while), Anlahed loehigh
17, The mde lee of boib hands must look the soma,
A Tip d Overlay will a judged In are rdldwlnp 10 ealagwee: pl VW". 1"6lil Oudue area, surface
Wumua lelaret sbu=we. CmrvM Iarl and shape, &woad rnVr"sl Calar s * Ioio n and dntsh work JVdtlee
will NOT Ca Irdwmed ebbur Vmduds andrwtaehelwase tj�mt,
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Nallpro Tip �% Overlay RAlay Rules;
1. Campelllwa VA has* 2.8 hours !a Campleia a ee1.0esrrlpedban-myla Mall we!ey omav: using dear or miural
dpa. WInke dpa ardlar(omne ere NOT eliowad,
2. Canpatlrgry may u�1 61lher xgi,ly-ant�pvsrder eeryYe pred4el'j, IOhltived gd prc+luels OR wroP Praduds.
Combhlnp these WA"Chni l wuaucuwdi NOT ba stared
a 0* all PUN clwrr, ludwMt$aNw,Cemwrd prbMM may bs Lead ENtIl L6rl &oOmhMna Oiler
erailw ory o Iher Color are NOT elf aw W.
4. EeAWllahmeres may NOT be used,
S. A rrJay reel wli m-Wit df drwo ril merroers. Iff" rwlaymarreberwftl hairs v UWUhhor CIA 13 or C Eao11
relay Merle A here quRrulm taeemptma thylraaatorL Eaeh relay member M A"ff a plena &Idoedng of
the soma Cabin eo Camp aft W Can de wy Won* relay loam mefewa ea,
B.Team memtwAw(uwork upsadespondarap*ftA(q&Akldutlepaps_b;A jW aPpyintic r 7evn
membersysl rtrly e�y p 7earme fia*+titir CMII19dMd MWvtkanpoSGenMTWIN Imrraa relay mwmbama
what to emu al OW, Wollon reed wnel9 ro wwjt Irb" VAI be no tgWV lam nbm6ara Cunha the
ewlk*t Pee plat r910 member moat kmr9a41e1131y leave mmpadyon area
7. Ths model's na9Rairwaa muy be prep" rvrpretlurJ dpm-4un Wane Yie alandl, but pnlouat may
NOT oa errpxad m u4 Me cwrgvftm Nada. Rroay mare mMtebaeAdean yet, F
a Na Colored orddw product, a any qpa Melt be appiled to lips lis alWdtsip m dw natural nelL
I Orgy unaltered deer odhwatrpa (Del-lpe, bm&h am, 1Naaa, ale) may be used to a dpa la the nail.
10. All rM3rs „ark Voduaa rrd9el be alld m i1p viler 0te aps are adhered W naheal nas.
t `. CY Pallld*e Mkst Iqi out dpa balbre the bdoflnp, bull Up may NOT by enered applpi um the rampeddWt
r an 9.
12. No WnSldotadvn wl) be phut Powaryr p*Wd),7hIDaeme0e ro e btPdah9Twturel f a$. ndld" or henda_
15_ C&npel torw mm lay out ape berm y,w Bearing, lea to mar ill be appried um ow oomflOMW aims:.
1♦ Na p DCtu t euCh a. knvsltid bps oraW'cOaHa mill PrW=5 may be used E� terra w gcgel in Makin a
arena I ms, A)l andls limn feast be done by hwidw)In ennanoen�rtyXndskxe.
10. All 10wo and buffers moat be ell dad ufx ll elmft files, chemots ia1110rs arg WffM pr rugs may NOT be
used
18,1VaIar any may he ttsae le ronteva tluwt No reread ahls attpwed_ Cleede'mg ;q (aoepe, etc,) Prld
molenrt mD pry total, Am Owe, BLM) are NOT athwad
1T The nee enhu"marU on one hand (c=PmWr, Cl D") m mt ba poFshsd with seam popeh N tieing
acrrk: Irusing Gal, a w c-ax9w mug Ca 1:wck ft$a oaa1, rldpv dllam meg lap mot �ja NOT aRawed.
I -Jim rLipollbhwd l enhance on the unhand must be Fremc4+t)e (prlklrJaer it d wil.kaL Miahad 90 a high
ahlno ardy.
19. Tne underalde of bath hands moat Wok the eema,
20. Tlp & Owaz1ay Will ba fudged In the ibllowhly 10 calegoriw: ProdtlCl control, amlle ". L11dde arm, curla0a
Baum", latarel Wu=". Gamae; length end shape. oWWI Irnpreaslon, w101' w;len QM dNshwodL Judges
A NOT be lriromnad about pvWgfv woor MWnsglros LE W, �
Compatxloll Wnwora ;
Page 12 of 13
03/23/2009 12:56 FAX 15014213651
Nailpro Magazine : Competitions: Rules
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Page 13 of 13
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03/23/2008 12:56 FAX 15014213651
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Behind The Chair - Articles
Nail-9 a Articles �- Be A Picasso Of Polish
How To Win Nell Art Competitions
sure, you're a pro. Your French manicures are
clients leave the shop with Parisian accents.
effects rival scenes from Rantasla. And your glitter
creations are stealing business From the local Tiff
you want to take your artistry a step further.
compete, Do you have what It takes? Meet 30H
AMI McCLURE_ Both have won first place In
competitions, and achieved star status In the wo
lacquer. They share their secrets for success, and
that Plcassos of polish have a lot In common wit
Pablo.
Create variety
The man who Invented Cubism,
didn't limit himself to just one style.
(Think the Rose Period, Surrealism,
and that dalliance with collage.) 1
Picasso pushed himself to create
new ways of working that would
surprise viewers. "If you're entering
a Fantasy Nail Art competition, you
have to go for originality First," says
Hauk, who has won over 70
trophies and Is a technical advisor for OPI. a
declslons on several categories, but originality
the final assessment. The panel won't be I
duplicate art that already exists, so skip the de
characters and superheroes. "Come up with s
has ever done or seen," says Hauk, " Tbat's how
Page 1 of 4
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Behind The Chair - Articles
r
That doesn't mean you can't look to others for Insplration.
McClure, who co -owns PROFXLES HAIR & N ILs in cape
Coral, Florida, stimulates her Imaglnatlon by p ging through
children's books, Her most recent triumph came after she took a
look at 141ss 5pfder'5 Tea Party, a kiddy tome bursting with
colorful Illustradons of fanciful Insects. Her resulting bug-themed
entry won first place In the Fantasy Nall Art clegory at the
Chicago Midwest Beauty Show this past February For her very
first competition at the Orlando Premiere show f+ a years ago,
McClure created a theme centered on tribal rnas . 'You really
have to look around and open your mind to pos ibllitles,' she
says.
Sketch It Out
But shockingly original paintings like Pftasso's 'L 0.1 Demoiselles
de Avignon` weren't created on the Fly. The artist roughed out
his Weas Wore committing the final version tpjicanvas. You
need to Sketch out a plan for entering competitlGns. Start by
choosing a category In which you'd like to compete. In addltlon
to Fantasy Nall Art, you can try your hand at 5cuipOre, Gel, and
many others. Then, target a Specinc show. Each[ has Its own
entry requirements. If you cross the border Into Calpada, expect
a different set of judging standards. Try to choose something
close to home for your first time out, since you, will pay for
everything From hotel costs to entry fees. Hauk drove to his first
show, but now hies all over the globe to go uj against an
international array of talented techs.
"Another thing to look at ahead of time is the work of the
Previous year's winners," says Hauk. By studying th it creations,
you learn how high to set the bar for your own wi irk, You also
get an Idea of what the judges prefer. But don't ge so wrapped
up In sizing up the competition that you lose I:rack iof your own
vision. McClure confesses that she's sometimes gon against her
own creative Impulses when trying to guess what a judge would
like. "I've changed my ideas, and then lost the I competition
because my heart wasn't in what I was doing," sh says. 'The
best thing you can do is believe In yourself and Your ideas."
As for planning your nail designs, you don't ha ,e to use a
drawing tablet and pencil. "I can get my concept crn,s much
better on a nail than with pen and paper," says McClure. In fact,
much of her work Is Improvised as she goes along In Fantasy
Page 2 of 4
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Behind The Chair - Articles Page 3 of 4
Nall Art, entries must include a head -to -toe costume in addition
to nails. Everything rrom nail tips to Footwear yJs prepared in
advance, and assembled at the show, To get Fpady, McClure
stays up until the wee hours night after nlght, drinking coffee
and working with her sister LArNA rHomPsON, with whom she
owns the shop, and Friend TRACT DUNGAN. Ea.th of her nails
takes 10 to 15 hours to complete, and she rnake. the costumes
from scratch, Hawk too, has spent countless hours painting and
prepping, sometimes spending up to two months on a single
look For a competltlon.
Know Your Model
If you're balking at the time commitment just t Ink - years of
steady work went Into some of Picasso's grey est paintings.
Luckily, his subjects were often women with 1Zrn he was In
prolonged relationships - so they didn't mind IoLoging on the
chaise For yet another aftemoon as he attern d to capture
them In paint. You don't have to marry you models, but
McClure says you should use someone that you kr w. "Have the
tips fitted perfectly to her hands," she says. "I has to be a
custom look." If you try to slap your gorgeous cr ations on just
anyone, you can end up with a sloppy finished (appearance -
something that won't win you any points. I
In addition to helping you create a good technlcadisplay, your
model has to De reliable. On the day of the competition, you
really need to have. someone you can count on. "i end up paying
a model to go," says Hauk. That way, an xpectatlon of
professlonal behavior Is establlshed. 5o there's n flaking. Plus,
you should work with someone comfortable enoug to stay calm
In front of judges and curious crowds for a few hours. On your
big day, you don't want to end up looking like Pinssols; Famous
painting of the crying woman just because your" model didn't
show. I
The Blue Period
No matter how well you've set yourself up to wln you have to
keep your cool, just Ilke the chilly tones that mark Icasso's Blue
Period. "I play and teach terms, and 75% of wlnnipg Is mental,"
says Hauk. Its the some with nails. A goad pail tech can
Fapp
umble In the mlddle of a competition. It ha at every
other show," To stay calm, Hauk advises that yr u know your
routine In advance, have it timed out, and have your supplies
packed and ready to go the night before. He keep; one set of
supplies at the salon, and a duplicate at home In 'a travel bag.
"You have to be organized," says Hauk.
"Traveling with nails Is so stressful," says McClu e. Since the
nails and costume are completed before the sh w, and then
transpo.,eh to the event site, there are a millfon'opportunities
for breakage, rlps, and other wardrobe maiFun Ions. Avold
accidents by packing your creations carefully, But en with all
the pre -event anxiety, McClure says that the carnar derle on the
show floor keeps her calm. "I was so Intimidated the first time I
went out, but people are so frlendly and willing to share tricks
and tips," she says, In fact, some will even act as mentors.
"When I started out, I went around to the top pev le at shows,
and asked if they would give me one-on-one lesson;," says
Hauk. Ha credits those classes, along with onQ taken with
manuCaEti:rers like OPI, with taking him to a champ' ns 1p level,
Once you cialm your first trophy, you'll realize tot it Isn't all
glory and glamour. winning means something elsell- a boost to
your business. "one reason I started ccrnpetina� was that I
wanted to be taken seriously as a man In what is !essentlallr a
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03/23/2008 12:58 FAX 15014213851
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Behind The Chair - Articles
woman's profession," says Hack. "When I began "Ming, clfenis
and Other people In the Industry did just that." In iddition to his
position at 4PI, Hauk works on photo shoots nd sees 120
clients each week. McClure, who now sometime serves as a
competition judge, says that her work has made t7 r shop stand
out local}y. "We're well-known In our area, and ha -e a signature
look with our colored acrylics," she says, f
If you think you have the Imagination and cnmitment to
become a Picasso of polish, your first step Is easy, ust go to the
top of this page and click'Sh❑wg,` For a list of up t ming events.
Then contact the organizers For Information abou ` competitions
and registration, and start working towards your first big win.
No beret necessary. ,'
Page 4 of 4
httU://WWW_hehindt-ho.f;hAir /'nrn/rli.en1dvar6r.lP acnv9M=i- �rZ 2 q nli nlnnnn
OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
August 30, 2011
Via Facsimile — (501) 421-3651
Stephen B. Niswanger
Niswanger Law Firm, PLC
#5 Innwood Circle, Suite 110
Little Rock, AR 72211
Telephone (501) 371.4527
Telecopier (501) 371.4675
Re: Courtesy Notice to Kimberly A. Mensie dated August 16, 2011
Dear Steve:
I received your letter regarding the notice issued to Ms. Mensie by the City's Department
of Planning and Development. The notice was not issued solely on the basis of complaints
received by the Planning Department. "Nails by Kir mie" is listed in both the business white
pages and the yellow pages of the phone book as being located at 310 North Van Buren in Little
Rock. In addition, during a telephone conversation with the City's Treasury Services Manager,
Scott Massanelli, Ms. Mensie confirmed that she works on nails for money at that address
because she has to "make a living" and stated that what she is doing is none of the City's
business.
The notice issued is a courtesy notice and no enforcement action will be taken as long as
Ms. Mensie complies with the provisions of the City's zoning ordinances and desists from
commercial business operations at that address.
If you have any questions or need additional information, please let me know.
Sincerely.
Amy Bede i' Fields
Deputy City Attorney
ABF:dab
cc: Tony Bozynski
Page 1 of 1
Bozynski, Tony
From: Fields, Amy
Sent: Monday, April 06, 2009 2:19 PM
To: Steve Niswanger
Cc: Bozynski, Tony; Carney, Dana
Steve:
I have attached the Ctiy's response to your motion, supporting brief, and cover letter I sent to the court wtih the
response and brief. A hard copy follows by mail. If you have any questions, please let me know.
Amy
Amy Beckman Fields
Deputy City Attorney
(501) 371-6892
4/7/2009
OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
April 6, 2009
VIA HAND DELIVERY
Honorable Jay Moody
Pulaski County Circuit Court, 3rd Division
401 West Markham, Suite 240
Little Rock, AR 72201
Re: Kimberly Mensie v. City of Little Rock, et. al.
Pulaski County Circuit Court No. CV-2008-2694
Dear Judge Moody:
Telephone (501) 371-4527
Telecopier (501) 371-4675
Please find enclosed the City's response to Petitioner's Rule 59 Motion for New
Decision, together with supporting brief. The City does not object to the motion being decided
on the briefs. However, if the Court determines that a hearing is necessary, I will be glad to
appear at the Court's convenience.
Sincerely,
--
Amy Becki an Fields
Deputy City Attorney
ABF:dab
Enclosure
cc/enc: Stephen Niswanger (via email and U.S. mail)
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
3RD DIVISION
KIMBERLY MENSIE PETITIONER
VS. CASE NO. CV-2008-2694
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT RESPONDENTS
RESPONDENTS' RESPONSE TO PETITIONER'S
RULE 59 MOTION FOR NEW DECISION
Come Respondents, City of Little Rock ("City") and City of Little Rock Board of
Adjustment ("Board of Adjustment"), by and through their attorneys, Thomas M. Carpenter, City
Attorney, and Amy Beckman Fields, Deputy City Attorney, and for their response to Petitioner's
Rule 59 Motion for New Decision, state:
1. On March 13, 2008, Petitioner filed an appeal pursuant of the February 25, 2008,
decision of the Board of Adjustment. The Board of Adjustment considered Petitioner's appeal of
the denial of a business license application submitted by Petitioner. The Board of Adjustment
affinned the City's denial of the business license application.
2. The parties submitted briefs to the Court outlining their respective positions and
appeared for hearing on February 17, 2009. Per the parties' stipulation, the Court considered the
record of the proceedings before the Board of Adjustment that had been filed with the Court in
conjunction with Petitioner's appeal as well as other evidence presented to the Court at the
hearing. In addition, the Court heard arguments by counsel.
3. At the conclusion of the hearing, the Court issued its ruling from the bench,
affirming the decision of the Board of Adjustment. The Court found that Petitioner's proposed
business is to perform manicures and that the proposed business is expressly prohibited as a
home occupation by the ordinances of the City of Little Rock. The Court found it unnecessary to
reach the issue of whether Petitioner's proposed business constitutes art or whether she tutors
students within the meaning of Little Rock Code § 36-253(b)(2) and (5) because the more
specific provision of § 36-253(b)(6) governs over the general provisions of subsections (2) and
(5). The Court's written order affirming the decision of the Board of Adjustment was entered on
March 9, 2009.
4. On March 23, 2009, Petitioner filed a motion pursuant to Ark. R. Civ. P. 59 and
asked the Court to enter a new order overturning the decision of the Board of Adjustment.
5. Petitioner has failed to establish that a new decision is warranted pursuant to Ark.
R. Civ, P. 59 and Petitioner's motion should therefore be denied.
6. Respondents' memorandum brief accompanies this response.
WHEREFORE, Respondents, City of Little Rock and City of Little Rock Board of
Adjustment pray that Petitioner's Rule 59 Motion for New Decision be denied; and for all other
just and proper relief to which they may be entitled.
Respectfully Submitted:
Thomas M. Carpenter
City Attorney
By: _
f, my Beckn 3clds (,9058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
-2-
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon Stephen B.
Niswanger, Niswanger Law Firm PLC, #5 Innwood Circle, Suite 110, Little Rock, Arkansas,
72211, by placing the same in the U.S. Mail, postage prepaid, and via email to
stevc@niswangerlawfirm.eom, this 6th day of April, 2009.
Airy Bcckm€n--Re.Idti
-3-
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
3RD DIVISION
KIMBERLY MENSIE
VS.
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT
CASE NO. CV-2008-2694
BRIEF IN SUPPORT OF RESPONDENTS'
RESPONSE TO PETITIONER'S
RULE 59 MOTION FOR NEW DECISION
Introduction and Factual Background
PETITIONER
RESPONDENTS
On October 4, 2007, Petitioner submitted an application for a business license to the City
of Little Rock ("City"). She described her business, which would be operated out of her
residence, as "nail art and nail tutoring limited to 2 students at a time." The application was
denied because City staff viewed the proposed use as falling within the definition of a "beauty
shop," which is expressly prohibited as a home occupation pursuant to the City's zoning
ordinances.
Petitioner appealed the denial of her application to the City's Board of Adjustment. The
appeal was heard on February 25, 2008. The minutes of the Board of Adjustment meeting were
filed with the Court as an attachment to the Record of the Proceedings and Notice of
Administrative Appeal. The minutes include an email from counsel for Petitioner that was
provided to the Board of Adjustment in which Petitioner's counsel stated: "All Kimmie
proposes under the business application is to do pedicures and manicures — which is painting and
sculpturing." The Board of Adjustment denied Petitioner's appeal and upheld staffs decision.
On March 13, 2008, Petitioner filed this action pursuant to Ark. Code Ann. § 14-56-425,
appealing the decision of the Board of Adjustment. Both parties filed briefs with the Court
outlining their respective positions. In Petitioner's brief, she again represented to the Court: "All
Petitioner proposes under the business license application is to do pedicures and manicures —
which is painting and sculpturing." A hearing was held on February 17, 2009. The parties
stipulated that the Court would decide the case on the record from the Board of Adjustment that
was filed in connection with the appeal, together with additional evidence that was submitted at
the hearing, the briefs filed by the parties, and arguments of counsel.
The City argued in its brief, and before the Court that, just as represented by Petitioner to
the Board of Adjustment and the Court, Petitioner's proposed business is to perform manicures
and pedicures as a home occupation. The explicit language of Little Rock Code ("LRC") § 36-
253(b)(6) expressly prohibits barbershops and beauty shops as home occupations. "Barber or
beauty shop" is a defined term in the Little Rock Code, which provides that "[b]arber or beauty
shop means a facility licensed by the state where hair cutting, hair dressing, shaving, trimming
beards, facials, manicures or related services are performed. LRC § 36-3. Petitioner argued in
her brief, and to the Court, that the proposed home occupation was permitted pursuant to LRC §
36-253(b)(2) and (5), which permit "painting, sculpturing or writing (artistic endeavors)" and
"tutoring limited to two (2) students at a time" as allowable home occupations in residentially
zoned areas.
At the conclusion of the hearing, the Court issued its ruling from the bench, affirming the
decision of the Board of Adjustment. The Court found that Petitioner's proposed business is to
perform manicures and that the proposed business is expressly prohibited as a home occupation
by the City's ordinances. The Court stated from the bench that it was unnecessary to reach the
issue of whether Petitioner's proposed business was painting, sculpturing or tutoring because the
more specific provisions of LRC § 36-253(b)(6) govern over the general provisions of LRC §
-2-
36-253(b)(2) and (5). A written order reflecting the Court's ruling was entered on March 9,
2009.
On March 23, 2009, Petitioner filed a motion asking the Court to overturn its decision
pursuant to Ark. R. Civ. P. 59. Petitioner claims that the Court's reliance on the rule of statutory
construction that a more specific statute governs over a more general statute constituted an
irregularity in the proceedings or abuse of discretion by the Court, resulted in accident or surprise
to Petitioner which ordinary prudence could not have prevented, and that the Court's decision
was clearly contrary to the preponderance of the evidence and is contrary to the law. Petitioner
has failed to establish grounds for a new trial or for issuance of a new decision pursuant to Ark.
R. Civ. P. 59(a)(1), (3) or (6) and Petitioner's motion should be denied.
Argument
Ark, R. Civ. P. 59(a) provides, in pertinent part:
A new trial may be granted ... on the application of the party aggrieved, for any
of the following grounds materially affecting the substantial rights of such party:
(1) any irregularity in the proceedings or any order of court or abuse of discretion
by which the party was prevented from having a fair trial ... (3) accident or
surprise which ordinary prudence could not have prevented ... (6) the verdict or
decision is clearly contrary to the preponderance of the evidence or is contrary to
the law ... On a motion for a new trial in an action tried without a jury, the court
may open the judgment if one has been entered, take additional testimony, amend
findings of fact and conclusions of law or make new findings and conclusions,
and direct the entry of a new judgment.
Petitioner cannot establish that the issuance of a new decision is appropriate on the basis of any
of the three grounds she asserts.
A. Ark R. Civ. P. 59(a)(1)
Apparently, Petitioner considers the Court's application of a long established principle of
law to be an irregularity in the proceedings and an abuse of the Court's discretion. In order to
resolve the issues presented by this action, the Court was called upon to interpret and apply the
Sm
City's zoning ordinances applicable to permitted and prohibited home occupations. Petitioner
contends that because Respondents did not raise the principle of construction ultimately applied
by the Court, she did not come to the hearing prepared to rebut or otherwise address it.
Petitioner has been represented throughout these proceedings by counsel. Application of the law
1
to the facts presented to the Court is not an irregularity in the proceedings or an abuse of j
discretion.
Pursuant to the plain language of Ark. R. Civ. P. 59(a)(1), relief may be granted only if
I
the irregularity or abuse of discretion prevented the party from having a fair trial. Additionally, ;
for all grounds asserted pursuant to Ark. R. Civ. P. 59, the rule requires that the substantial rights
of the moving party must be materially affected. The Arkansas Supreme Court has held that "a
moving party under Rule 59(a) must demonstrate that its rights have been materially affected by
demonstrating that a `reasonable possibility of prejudice has resulted' from the error." Ford
Motor Co. v. Nuckolls, 320 Ark. 15, 30, 894 S.W.2d 897, 905 (1995), quoting Diemer v.
Dischler, 313 Ark. 154, 852 S.W.2d 793 (1992).
Petitioner is unable to demonstrate prejudice as a result of the Court applying the
principle of statutory constriction that a specific provision governs over a general provision.
From the time that Petitioner first appealed City staffs decision to the Board of Adjustment,
Petitioner herself has represented to the Board of Adjustment and to the Court that "all Petitioner
proposes ... is to do pedicures and manicures ..." Petitioner has also consistently argued to the
Court and the Board of Adjustment that her proposed business also constitutes "art" and
i
"sculpturing" and is therefore a permitted home occupation pursuant to LRC § 36-253(b)(2) and
(5). She has presented evidence to the Court, including photographs, in support of her position.
i
The Court had all this information before it when it issued its decision in this case. Petitioner
M!
apparently now wants to argue against her own previous position that all she wants to do was
manicures and pedicures. Even if Petitioner had known before the hearing that the Court would
establish a longstanding principle of statutory construction in deciding this case, the very nature
of the Petitioner's proposed business would not be any different. Petitioner is simply unable to
establish the possibility of prejudice has resulted from the Court applying the law to the facts of
this case.
Additionally, Petitioner is precluded from seeking a new trial on the basis of Ark. R. Civ.
P. 59(a)(1) because she failed to object at the time of the alleged irregularity. In Grubbs v.
Hindes, 101 Ark. App. 405, --- S.W.3d --- (2008), the trial court granted a new trial to a losing
party who asserted he was entitled to relief pursuant to Ark. R. Civ. P. 59(a)(1) because of an
irregularity in the proceedings. The Arkansas Court of Appeals reversed the trial court and
found that the appellees were not entitled to a new trial because of their failure to object at the
time of the alleged irregularity. The Court held that the appellees effectively waived their
opportunity to seek a new trial based upon the irregularities because they failed to object when
the verdict was rendered. In reversing the trial court, the Court of Appeals relied on Jones
Rigging & Heavy Hauling, Inc. v. Parker, 347 Ark. 628, 66 S.W.3d 599 (2002), which requires
an objection and request for continuance before a party may seek a new trial pursuant to Rule 59.
B. Ark. R. Civ. P. 59(a)(3)
Petitioner also claims that she is entitled to a new decision in this case because she was
surprised by the Court's application of the statutory construction rule now at issue before the
Court. In Jones Rigging, the Arkansas Supreme Court reversed the trial court's decision granting
a new trial because a moving party is required to both object and request a continuance at the
time of the "surprise" in order to seek a new trial on that basis. Petitioner did not object at the
-5-
time the Court issued its ruling and did not seek a postponement in order to secure additional
evidence. Because of Petitioner's failure to do so, she is precluded from raising that issue in a
motion brought pursuant to Rule 59.
Additionally, Ark. R. Civ. P. 59(a)(3) only provides for new trial on the basis of surprise
"which ordinary prudence could not have prevented." Petitioner was represented by counsel at
the hearing on this matter. The parties were before the Court on a matter that required the Court
to construe the City's ordinances. The Court should reject any implication that ordinary
prudence could not have prevented Petitioner's surprise at the Court's application of a well
established rule of law.
In Jones Rigging, the Court also discussed that, in addition to the procedural requirement
of making an objection and requesting a continuance before requesting anew trial based on Rule
59, a moving party "must establish that their right to a fair trial was materially affected." As
discussed in the section above, Petitioner's right to a fair trial was not materially affected as a
result of the Court declining to address the issue of whether Petitioner's proposed home
occupation constitutes "art and sculpturing" or "tutoring" in addition to manicures. Even if the
Court had addressed that issue, the principle that a specific statute governs over a general statute
would still apply and there is no reasonable possibility that Petitioner was prejudiced as a result
of her surprise at the Court's application of the law.
C. Ark. R. Civ. P. 59(a)(6)
Petitioner alleges that the Court's decision is contrary to the preponderance of the
evidence and is contrary to the law and a new decision is warranted pursuant to Ark. R. Civ. P.
56(a)(6). in support of her position, Petitioner attaches the affidavit of Elaine T. Watson. The
Court may not properly consider the affidavit of Ms. Watson in connection with Petitioner's
claim that the decision was contrary to the preponderance of the evidence.
In Sharp County v. Northeast Arkansas Planning & Consulting Co., 269 Ark. 336, 602
1
S.W.2d 627 (1980), after the trial court ruled in favor of the.appellee, the appellant filed a motion
for new trial with numerous exhibits attached in an attempt to introduce evidence that was not
originally before the trial court. The motion for new trial was denied, and the appellant appealed
to the Arkansas Supreme Court. In rejecting the appellant's position that he was entitled to relief
pursuant to Rule 59(a)(6), the Court stated: "Rule 59(a)(6) also affords no relief as the evidence
i
offered was not before the court at trial and, therefore, could not have been considered by the
trial court. The only basis for introduction of the evidence after trial would have been that it was
newly discovered and could not with reasonable diligence have been produced at trial." 269
Ark. at 340, 602 S.W.2d at 630. Petitioner has not alleged that she could not have produced Ms.
Watson's affidavit or testimony at trial. To the contrary, she asserts that if she had known that
the Court was going to apply the "general over specific" rule of statutory constsruction, that this
evidence would have been presented at the hearing.,
Likewise, in Whisnant v. Whisnant, 68 Ark.App. 298, 6 S.W.3d 808 (1999), the Court
held "that where evidence was not before the trial court originally and was, therefore, not
considered in its findings of fact, such evidence cannot be used as a basis for a motion for a new
trial [pursuant to Ark. R. Civ. P. 59(a)(6)], since a motion for a new trial cannot be used to bring
into the record that which does not otherwise appear in the record." 68 Ark.App. at 302, 6
S.W.3d at 810.
Even if Ms. Watson's affidavit was properly before the Court for consideration,
Petitioner still cannot establish that the Court's decision was contrary to the preponderance of the k
I
4
-7-
evidence. Ms. Watson's affidavit is merely cumulative of the argument presented by Petitioner
to both the Board of Adjustment and to the Court that Petitioner's proposed business is art. Ms.
Watson's affidavit does not change the nature of Petitioner's business, which even Petitioner
herself represented to the Board of Adjustment and the Court is pedicures and manicures.
The Court in nisnant additionally reiterated that a Rule 59 motion may not be used to
raise arguments that were not made to the trial court before entry of judgment. 68 Ark. App. at
302, 6 S.W.3d at 810. Just as with Petitioner's allegation of an irregularity in the proceedings,
abuse of the Court's discretion, and surprise, Petitioner's arguments pursuant to Ark. R. Civ. P.
59(a)(6) are made for the first time in her post -trial motion.
Additionally, the Court's decision is not contrary to law. Petitioner's proposed business
falls within the definition of "beauty shop" as defined by the Little Rock Code. A beauty shop is
specifically prohibited by ordinance as a home occupation. The Court's decision to affirm the
Board of Adjustment was not contrary to law, but was rather a proper application of the City's
ordinances.
CONCLUSION
Because Petitioner has failed to establish grounds for a new decision pursuant to Ark. R.
Civ. P. 59, her motion should be denied.
Respectfully Submitted:
Thomas M. Carpenter
City Attorney c
By:
Amy Beck-i s (89058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon Stephen B.
Niswanger, Niswanger Law Firm PLC, #5 Innwood Circle, Suite 110, Little Rock, Arkansas,
72211, by placing the same in the U.S. Mail, postage prepaid, and via email to
stave(_.niswangerlawfirm.com, this JAW- ay of April, 2009.
A"Iny Bcckn )1 rclds
Page 1 of 1
Carney, Dana
From: Fields, Amy
Sent: Monday, April 06, 2009 2:19 PM
To: Steve Niswanger
Cc: Bozynski, Tony; Carney, Dana
Steve:
I have attached the Ctiy's response to your motion, supporting brief, and cover letter I sent to the court wtih the
response and brief. A hard copy follows by mail. If you have any questions, please let me know.
Amy
Amy Beckman Fields
Deputy City Attorney
(501) 371-6892
4/6/2009
OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
April 6, 2009
VIA HAND DELIVERY
Honorable Jay Moody
Pulaski County Circuit Court, 3rd Division
401 West Markham, Suite 240
Little Rock, AR 72201
Re: Kimberly Mensie v. City of Little Rock, et. al.
Pulaski County Circuit Court No. CV-2008-2694
Dear Judge Moody:
Telephone (501) 371.4527
Telecopier (501) 371.4675
Please find enclosed the City's response to Petitioner's Rule 59 Motion for New
Decision, together with supporting brief. The City does not object to the motion being decided
on the briefs. However, if the Court determines that a hearing is necessary, I will be glad to
appear at the Court's convenience.
Sincerely, —�
Anry BccU an Fields
Deputy City Attorney
ABF:dab
Enclosure
cc/enc: Stephen Niswanger (via email and U.S, mail)
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
3RD DIVISION
KIMBERLY MENSIE PET1'1'10: ER
VS. CASE NO. CV-2008-2694
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK 1
BOARD OF ADJUSTMENT RESPONDENTS '4
I
RESPONDENTS' RESPONSE TO PETITIONER'S
RULE 59 MOTION FOR NEW DECISION
1
Come Respondents, City of Little Rock ("City") and City of Little Rock Board of
Adjustment ("Board of Adjustment"), by and through their attorneys, Thomas M. Carpenter, City
Attorney, and Amy Beckman Fields, Deputy City Attorney, and for their response to Petitioner's
Rule 59 Motion for New Decision, state:
1. On March 13, 2008, Petitioner filed an appeal pursuant of the February 25, 2008,
decision of the Board of Adjustment. The Board of Adjustment considered Petitioner's appeal of l
the denial of a business license application submitted by Petitioner. The Board of Adjustment
affirmed the City's denial of the business license application.
2. The parties submitted briefs to the Court outlining their respective positions and
appeared for hearing on February 17, 2009. Per the parties' stipulation, the Court considered the
record of the proceedings before the Board of Adjustment that had been filed with the Court in
conjunction with Petitioner's appeal as well as other evidence presented to the Court at the
hearing. In addition, the Court heard arguments by counsel.
3. At the conclusion of the hearing, the Court issued its ruling from the bench,
affirming the decision of the Board of Adjustment. The Court found that Petitioner's proposed I
business is to perform manicures and that the proposed business is expressly prohibited as a
home occupation by the ordinances of the City of Little Rock. The Court found it unnecessary to
reach the issue of whether Petitioner's proposed business constitutes art or whether she tutors
students within the meaning of Little .Rock Code § 36-253(b)(2) and (5) because the more
specific provision of § 36-253(b)(6) governs over the general provisions of subsections (2) and
(5). The Court's written order affirming the decision of the Board of Adjustment was entered on
March 9, 2009.
4. On March 23, 2009, Petitioner filed a motion pursuant to Ark. R. Civ. P. 59 and
asked the Court to enter a new order overturning the decision of the Board of Adjustment.
5. Petitioner has failed to establish that a new decision is warranted pursuant to Ark.
R. Civ. P. 59 and Petitioner's motion should therefore be denied.
6. Respondents' memoranduin brief accompanies this response.
WHEREFORE, Respondents, City of Little Rock and City of Little Rock Board of
Adjustment pray that Petitioner's Rule 59 Motion for New Decision be denied; and for all other
just and proper relief to which they may be entitled.
Respectfully Submitted:
Thomas M. Carpenter
City Attorney
By: �P,
my Becky a icWs (89058)
Deputy City Attorney
City Hall — Suite 310 '
500 West Markham
Little Rock, AR 72201
(501) 371-4527
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon Stephen B.
Niswanger, Niswanger Law Finn PLC, #5 Innwood Circle, Suite 110, Little Rock, Arkansas,
72211, by placing the same in the U.S. Mail, postage prepaid, and via email to
stove@niswangerlawfimi.com, this 6th day of April, 2009.
Anly Bcckmiui--Fclds
- 3 -
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
3RD DIVISION
KIMBERLY MENSIE
VS.
CASE NO. CV-2008-2694
x
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT
BRIEF IN SUPPORT OF RESPONDENTS'
RESPONSE TO PETITIONER'S
RULE 59 MOTION FOR NEW DECISION
Introduction and Factual Background
RESPONDENTS
On October 4, 2007, Petitioner submitted an application for a business license to the City
of Little Rock ("City"). She described her business, which would be operated out of her
residence, as "nail art and nail tutoring limited to 2 students at a time." The application was
denied because City staff viewed the proposed use as falling within the definition of a "beauty
shop," which is expressly prohibited as a home occupation pursuant to the City's zoning
ordinances.
Petitioner appealed the denial of her application to the City's Board of Adjustment. The
appeal was heard on February 25, 2008. The minutes of the Board of Adjustment meeting were
filed with the Court as an attachment to the Record of the Proceedings and Notice of
Administrative Appeal. The minutes include an email from counsel for Petitioner that was
provided to the Board of Adjustment in which Petitioner's counsel stated: "All Kimmie
proposes under the business application is to do pedicures and manicures — which is painting and
sculpturing." The Board of Adjustment denied Petitioner's appeal and upheld staffs decision.
On March 13, 2008, Petitioner filed this action pursuant to Ark. Code Ann. § 14-56-425,
appealing the decision of the Board of Adjustment. Both parties filed briefs with the Court
outlining their respective positions. In Petitioner's brief, she again represented to the Court: "All
Petitioner proposes under the business license application is to do pedicures and manicures —
which is painting and sculpturing." A hearing was held on February 17, 2009. The parties
stipulated that the Court would decide the case on the record from the Board of Adjustment that
was filed in connection with the appeal, together with additional evidence that was submitted at
the hearing, the briefs filed by the parties, and arguments of counsel.
The City argued in its brief, and before the Court that, just as represented by Petitioner to
the Board of Adjustment and the Court, Petitioner's proposed business is to perform manicures
and pedicures as a home occupation. The explicit language of Little Rock Code ("LRC") § 36-
253(b)(6) expressly prohibits barbershops and beauty shops as home occupations. "Barber or
beauty shop" is a defined term in the Little Rock Code, which provides that "[b]arber or beauty
shop means a facility licensed by the state where hair, cutting, hair dressing, shaving, trimming
beards, facials, manicures or related services are performed. LRC § 36-3. Petitioner argued in
her brief, and to the Court, that the proposed home occupation was permitted pursuant to LRC §
36-253(b)(2) and (5), which permit "painting, sculpturing or writing (artistic endeavors)" and
"tutoring limited to two (2) students at a time" as allowable home occupations in residentially
zoned areas.
At the conclusion of the hearing, the Court issued its ruling from the bench, affirming the
decision of the Board of Adjustment. The Court found that Petitioner's proposed business is to
perform manicures and that the proposed business is expressly prohibited as a home occupation
by the City's ordinances. The Court stated from the bench that it was unnecessary to reach the
issue of whether Petitioner's proposed business was painting, sculpturing or tutoring because the
more specific provisions of LRC § 36-253(b)(6) govern over the general provisions of LRC §
-2-
36-253(b)(2) and (5). A written order reflecting the Court's ruling was entered on March 9,
2009.
On March 23, 2009, Petitioner filed a motion asking the Court to overturn its decision
pursuant to Ark. R. Civ. P. 59. Petitioner claims that the Court's reliance on the rule of statutory
construction that a more specific statute governs over a more general statute constituted an
irregularity in the proceedings or abuse of discretion by the Court, resulted in accident or surprise
to Petitioner which ordinary prudence could not have prevented, and that the Court's decision
was clearly contrary to the preponderance of the evidence and is contrary to the law. Petitioner
has failed to establish grounds for a new trial or for issuance of a new decision pursuant to Ark.
R. Civ. P. 59(a)(1), (3) or (6) and Petitioner's motion should be denied.
Argument
Ark. R. Civ. P. 59(a) provides, in pertinent part:
A new trial may be granted ... on the application of the party aggrieved, for any
of the following grounds materially affecting the substantial rights of such party:
(1) any irregularity in the proceedings or any order of court or abuse of discretion
by which the party was prevented from having a fair trial ... (3) accident or
surprise which ordinary prudence could not have prevented ... (6) the verdict or
decision is clearly contrary to the preponderance of the evidence or is contrary to 1
the law ... On a motion for a new trial in an action tried without a jury, the court
may open the judgment if one has been entered, take additional testimony, amend
findings of fact and conclusions of law or make new findings and conclusions,
and direct the entry of a new judgment.
Petitioner cannot establish that the issuance of a new decision is appropriate on the basis of any
of the three grounds she asserts.
A. Ark R. Civ. P. 59(a)(1)
Apparently, Petitioner considers the Court's application of a long established principle of
law to be an irregularity in the proceedings and an abuse of the Court's discretion. In order to
resolve the issues presented by this action, the Court was called upon to interpret and apply the
-3-
City's zoning ordinances applicable to permitted and prohibited home occupations. Petitioner
contends that because Respondents did not raise the principle of construction ultimately applied
by the Court, she did not come to the hearing prepared to rebut or otherwise address it.
Petitioner has been represented throughout these proceedings by counsel. Application of the law
to the facts presented to the Court is not an irregularity in the proceedings or an abuse of
discretion.
Pursuant to the plain language of Ark. R. Civ. P. 59(a)(1), relief may be granted only if
the irregularity or abuse of discretion prevented the party from having a fair trial. Additionally,
for all grounds asserted pursuant to Ark. R. Civ. P. 59, the rule requires that the substantial rights
of the moving party must be materially affected. The Arkansas Supreme Court has held that "a
moving party under Rule 59(a) must demonstrate that its rights have been materially affected by
demonstrating that a `reasonable possibility of prejudice has resulted' from the error." Ford
Motor Co. v. Nuckolls, 320 Ark. 15, 30, 894 S.W.2d 897, 905 (1995), quoting Diemer v.
Dischler, 313 Ark. 154, 852 S.W.2d 793 (1992).
Petitioner is unable to demonstrate prejudice as a result of the Court applying the
principle of statutory constriction that a specific provision governs over a general provision.
From the time 'that Petitioner first appealed City staffs decision to the Board of Adjustment,
Petitioner herself has represented to the Board of Adjustment and to the Court that "all Petitioner
proposes ... is to do pedicures and manicures ..." Petitioner has also consistently argued to the
Court and the Board of Adjustment that her proposed business also constitutes "art" and
"sculpturing" and is therefore a permitted home occupation pursuant to LRC § 36-253(b)(2) and
(5). She has presented evidence to the Court, including photographs, in support of her position.
The Court had all this infotn7ation before it when it issued its decision in this case. Petitioner
-4
apparently now wants to argue against her own previous position that all she wants to do was
manicures and pedicures. Even if Petitioner had known before the hearing that the Court would
establish a longstanding principle of statutory construction in deciding this case, the very nature
of the Petitioner's proposed business would not be any different. Petitioner is simply unable to
establish the possibility of prejudice has resulted from the Court applying the law to the facts of
this case.
Additionally, Petitioner is precluded from seeking a new trial on the basis of Ark. R. Civ.
P. 59(a)(1) because she failed to object at the time of the alleged irregularity. In Grubbs v.
Hindes, 101 Ark. App. 405, --- S.W.3d --- (2008), the trial court granted a new trial to a losing
party who asserted he was entitled to relief pursuant to Ark. R. Civ. P. 59(a)(1) because of an
irregularity in the proceedings. The Arkansas Court of Appeals reversed the trial court and
found that the appellees were not entitled to a new trial because of their failure to object at the
time of the alleged irregularity. The Court held that the appellees effectively waived their
opportunity to seek a new trial based upon the irregularities because they failed to object when
the verdict was rendered. In reversing the trial court, the Court of Appeals relied on Jones
Rigging & Heavy Hauling, Inc. v. Parker, 347 Ark. 628, 66 S.W.3d 599 (2002), which requires
an objection and request for continuance before a party may seek a new trial pursuant to Rule 59.
B. Ark. R. Civ. P. 59(a)(3)
Petitioner also claims that she is entitled to a new decision in this case because she was
surprised by the Court's application of the statutory construction rule now at issue before the
Court. In Jones Rigging, the Arkansas Supreme Court reversed the trial court's decision granting
a new trial because a moving party is required to both object and request a continuance at the
time of the "surprise" in order to seek a new trial on that basis. Petitioner did not object at the
-5-
time the Court issued its ruling and did not seek a postponement in order to secure additional
evidence. Because of Petitioner's failure to do so, she is precluded from raising that issue in a
motion brought pursuant to Rule 59.
Additionally, Ark. R. Civ. P. 59(a)(3) only provides for new trial on the basis of surprise
"which ordinary prudence could not have prevented." Petitioner was represented by counsel at
the hearing on this matter. The parties were before the Court on a matter that required the Court
to construe the City's ordinances. The Court should reject any implication that ordinary
prudence could not have prevented Petitioner's surprise at the Court's application of a well
established rule of law.
In Jones Rigging, the Court also discussed that, in addition to the procedural requirement
of making an objection and requesting a continuance before requesting a new trial based on Rule
59, a moving party "must esttiblisli that their right to a fair trial was materially affected." As
discussed in the section above, Petitioner's right to a fair trial was not materially affected as a
result of the Court declining to address the issue of whether Petitioner's proposed home
occupation constitutes "art and sculpturing" or "tutoring" in addition to manicures. Even if the
Court had addressed that issue, the principle that a specific statute governs over a general statute
would still apply and there is no reasonable possibility that Petitioner was prejudiced as a result
of her surprise at the Court's application of the law.
C. Ark. R. Civ. P. 59(a)(6)
Petitioner alleges that the Court's decision is contrary to the preponderance of the
evidence and is contrary to the law and a new decision is warranted pursuant to Ark. R. Civ. P.
56(a)(6). In support of her position, Petitioner attaches the affidavit of Elaine T. Watson. The
Court may not properly consider the affidavit of Ms. Watson in connection with Petitioner's
claim that the decision was contrary to the preponderance of the evidence.
In Sharp County v. Northeast Arkansas Planning & Consulting Co., 269 Ark. 336, 602
S.W.2d 627 (1980), after the trial court ruled in favor of the appellee, the appellant filed a motion
for new trial with numerous exhibits attached in an attempt to introduce evidence that was not
originally before the trial court. The motion for new trial was denied, and the appellant appealed
to the Arkansas Supreme Court. In rejecting the appellant's position that he was entitled to relief
pursuant to Rule 59(a)(6), the Court stated: "Rule 59(a)(6) also affords no relief as the evidence
offered was not before the court at trial and, therefore, could not have been considered by the
trial court. The only basis for introduction of the evidence after trial would have been that it was
newly discovered and could not with reasonable diligence have been produced at trial." 269
Ark. at 340, 602 S.W.2d at 630. Petitioner has not alleged that she could not have produced Ms.
Watson's affidavit or testimony at trial. To the contrary, she asserts that if she had known that
the Court was going to apply tile: "general over specific" rule of statutory constsruction, that this
evidence would have been presented at the hearing.,
Likewise, in Whisnant v. ilfhisnant, 68 Ark.App. 298, 6 S.W.3d 808 (1999), the Court
held "that where evidence was not before the trial court originally and was, therefore, not
considered in its findings of fact, such evidence cannot be used as a basis for a motion for a new
trial [pursuant to Ark. R. Civ. P. 59(a)(6)], since a motion for a new trial cannot be used to bring
into the record that which does not otherwise appear in the record." 68 Ark.App. at 302, 6
S.W.3d at 810.
Even if Ms. Watson's affidavit was properly before the Court for consideration,
Petitioner still cannot establish that the Court's decision was contrary to the preponderance of the
-7-
evidence. Ms. Watson's affidavit is merely cumulative of the argument presented by Petitioner
to both the Board of Adjustment and to the Court that Petitioner's proposed business is art. Ms.
Watson's affidavit does not change the nature of Petitioner's business, which even Petitioner
herself represented to the Board of Adjustment and the Court is pedicures and manicures.
The Court in Whisnant additionally reiterated that a Rule 59 motion may not be used to
raise arguments that were not made to the trial court before entry of judgment. 68 Ark. App. at
302, 6 S.W.3d at 810. Just as with Petitioner's allegation of an irregularity in the proceedings,
abuse of the Court's discretion, and suaprise, Petitioner's arguments pursuant to Ark. R. Civ. P.
59(a)(6) are made for the first time in her post -trial motion.
Additionally, the Court's decision is not contrary to law. Petitioner's proposed business
falls within the definition of "beauty shop" as defined by the Little Rock Code. A beauty shop is
specifically prohibited by ordinance as a home occupation. The Court's decision to affirm the
Board of Adjustment was not contrary to law, but was rather a proper application of the City's
ordinances.
CONCLUSION
Because Petitioner has failed to establish grounds for a new decision pursuant to Ark. R.
Civ. P. 59, her motion should be denied.
Respectfully Submitted:
Thomas M. Carpenter
City Attomey
By:
Amy Bcckrna s (89058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
Iwo
CERTIFICATE OF SERVICE,
I hereby certify that a copy of the foregoing pleading has been served upon Stephen B.
Niswanger, Niswanger Law Finn PLC, 45 Innwood Circle, Suite 110, Little Rock, Arkansas,
72211, by placing the same in the U.S. Mail, postage prepaid, and via email to
steve(a),niswangerlawfirm.com, this �y of April, 2009. _ R
Aiy l3eckn�lds
"
OFFICE OF THE CITY ATTORNEY
500 West Markham, Ste. 310
Little Rock, Arkansas 72201
Amy Beckman Fields
Deputy City Attorney
March 10, 2009
Stephen B. Niswanger
Niswanger L w irm, PLC
#5 Innwo Circle, Suite 110
LittlejMck, AR 72211
Re: Kimberly Mensie v. City of Little Rock, et. al.
Pulaski County Circuit Court No. CV-2008-2694
Dear Steve:
Telephone (501) 371.4527..
Telecopier (501) 371.4675
Please find enclosed a file -marked copy of the Order entered by the Court yesterday in
the above -referenced matter. If you have any questions, please let me know.
Sincerely,
ayyBee Fields
Deputy City Attorney
UVO-35 1. 7
Enclosure l/
cc/enc: Tony Bozynski
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
3RD DIVISION
KIMBERLY MENSIE PETITIONER
VS. CASE NO. CV-2008-2694
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT t I LET, M-V9P D I$
_ - __ n. l _ -•i _._�..
1 en
ORDER R 1 �: ^......
On the 17th day of February, 2009, came on for hearing Petitioner's administrative
appeal from the February 25, 2008, decision of the City of Little Rock Board of Adjustment.
Petitioner, Kimberly Mensie, appeared in person and by her attorney, Stephen B. Niswanger.
Respondents, City of Little Rock ("City") and City of Little Rock Board of Adjustment
("Board"), appeared by and through their attorney, Amy Beckman Fields, Deputy City Attorney.
Upon consideration of the pleadings, evidence, arguments of counsel and other things and
matters presented for consideration in this case, the Court finds, adjudges and decrees:
1. This Court has jurisdiction over both the subject matter and the parties in this
matter pursuant to Ark. Code Ann. § 14-56-425 and Ark. Dist. Ct. R. 8 and 9. Further, venue is
properly before this Court.
2. On February 25, 2008, the Board considered an appeal filed by Petitioner of a
determination by City staff denying Petitioner's application for a business license and home
occupation request. The application was for "nail art and nail tutoring limited to 2 students at a
time" The Board denied Petitioner's appeal and upheld the City staff decision denying
Petitioner's application for a business license.
3. On March 13, 2008, Petitioner appealed the decision of the Board to the Court by
filing the record of the proceedings before the Board with the Court pursuant to Ark. Code Ann.
§ 14-56-425 and Ark. Dist. Ct. R. 8 and 9.
4. Upon de novo review of the record before the Board, together with testimony and
evidence presented to the Court, the Court finds that the decision of the Board should be
affirmed. The Court finds that Little Rock Code ("LRC") § 36-253(b)(6) prohibits barbershops
and beauty shops as home occupations. The Court further finds that pursuant to LRC § 36-3,
"[b]arber or beauty shop means a facility licensed by the state where hair cutting, hair dressing,
shaving, trimming beards, facials, manicures or related services are performed."
5. The Court finds that Petitioner's proposed business is to perform manicures. The
Court further finds that Petitioner's proposed business is expressly prohibited as a home
occupation by the ordinances of the City of Little Rock.
6. The Court does not reach the issues of whether Ms. Mensie's proposed business
constitutes art or whether she tutors students within the meaning of LRC §§ 36-253(b)(2) & (5).
The more specific provisions of § 36-253(b)(6) govern over the general provisions of LRC §§
36-253(b)(2) & (5).
7. Because Petitioner's proposed business is expressly prohibited as a home
occupation by the City's ordinances, the decision of the Board of Adjustment is hereby affirmed
and Petitioner's appeal is denied and dismissed.
IT IS SO ORDERED this __T_ day of A gVr , 2009. ,
CIR(-"U# JUDGE
3 -q -off
Date
-2-
Prepared by._
Amy Becker Fields (89058)
Deputy City Attorney
500 West Markham, Suite 310
Little Rock, AR 72201
(501) 371-4527
Approved as to Form:
&41�'C�TSA)
Stephen . Nisw ger (96012)
Niswanger Law Firm PLC
#5 hmwood Circle, Suite 110
Little Rock, AR 72211
(501) 223-2888
-3-
Page 1 of 1
Carney, Dana
From: Fields, Amy
Sent: Thursday, August 21, 2008 11:26 AM
To: Bozynski, Tony; Carney, Dana
Subject: Mensie v. Board of Adjustment
Tony & Dana:
This is the other Nails by Kimmie case where she's appealing the Board of Adjustment not letting her get a
business license. The court is going to decide this case on briefs unless somebody requests a hearing. Kimmie's
attorney filed her brief on August 13 & I'll be filing a brief by September 12. I'll need to get with somebody before
then to go over some of the stuff that she attached to her brief. It will probably be after Labor Day before I get
back with you, but I wanted to go ahead and send this to you now. If you have any questions, let me know
Amy
Amy Beckman Fields
Deputy City Attorney
(501) 371-6892
8/22/2008
IN THE CIRCUIT COURT OF PULASKI COUNTY ARKANSAS,
THIRD DIVISION
KIMBERLY MENSIE PETITIONER
VS. CV-2008-2694
CITY OF LITTLE ROCK AND FILED 00;13i2008 10: 43:35
CITY OF LITTLE ROCK Pat O'Brien Pulaski Circuit Clerk
BOARD OF ADJUSTMENT CR1%WS-PONDNTS
PETITIONER'S APPEAL BRIEF
INTRODUCTION
On February 25, 2008, the Little Rock Board of Adjustment (sometimes the
"Board") decided to affirm the decision of the City of Little Treasury Management
Division (sometimes, the "Treasury Division") to deny Petitioner's, Kimberly Mensie's
(sometimes, "Petitioner's"), application for a business license., The business license, had
it been granted, would have implicitly recognized Petitioner's right under the City of
Little Rock's ordinances to perform legally within her home the occupation of nail art,
sculpturing, and tutoring. The denial of Petitioner's business license application is
contrary to the City's own ordinances and practices and is, therefore, improper. It is from
the Board's decision that Petitioner appeals to this Court.
STANDARD OF REVIEW
It is well settled that "appeals to the circuit court from a BZA [Board of Zoning
Adjustment] are reviewed de novo." City of Fort Smith v. McCutchen, --- Ark. ---, ---
S.W.3d ----, 2008 WL 598157 (March 6, 2008); see also ARK. CODE Arne. § 14-56-425.
In addition, "zoning ordinances, being in derogation of the common law, must be strictly
1 The Board's decision is attached to the Record of Proceedings as Exhibit B and is incorporated herein by
reference. A copy of the application is attached to the Record of Proceedings as Exhibit C and is
incorporated herein by reference.
0
construed in favor of the property owner and that, under our constitution, the right of
private property is regarded as before and higher than constitutional sanction." Blundell
v. City of West Helena, 258 Ark. 123, 130, 522 S.W.2d 661, 666 (1975) (emphasis
added).
As will be discussed below, when the Board's decision is reviewed de novo, and
when the City's ordinances are strictly construed in favor of the property owner, it can be
concluded that the Board erred when it affirmed the denial of Petitioner's business
application. The City's ordinances permit a person to perform the occupations of nail art,
sculpturing, and tutoring out of his or her home. The City has in fact granted licenses to
manicurists and beauty salon operators who operate out of their homes and in other
"nonconforming" zoning areas. The Board's decision should be reversed.
ARGUMENT
The property at issue is zoned residential, R 3. See Ex. C. The City's ordinances
permit a person to perform the occupations of nail art, sculpturing, and tutoring out of his
or her home in a residentially -zoned area:
Sec. 36-253. R 1 Single-family district 2
b. The following are permitted home occupations, provided they do not violate
any of the provisions of the previous subparagraph a:.. .
2. Painting, sculpturing or writing (artistic endeavors)... .
5. Tutoring limited to two (2) students at a time.
City Ordinance §§ 36-253(b)(6)(b)(2) & (5). Subparagraph a is a list of circumstances in
which these home occupations would be prohibited. The City is expected to argue
wrongly that one of these circumstances exist, contending that Petitioner's proposed use
2 Under the City's Code § 36-255(b)(2), in a R-3 district (like this one), the home occupation uses are the
same as those under an R-1 district.
Pa
,,I
would generate traffic in excess of what is normal in a residential neighborhood. See
City Ord. § 36-253(b)(6)(a)(2). As will be discussed below, such a contention is untrue.
Petitioner also made a PD-C application to the City, which was denied, and this
Court declined in a separate matter to hear the appeal. The two different appeals (this
one and the PD-C appeal) are understandably confusing to some. As such, the City asked
Petitioner to explain the difference between the proposed use under the PD-C application
and the proposed use under the business license application. The following is Petitioner's
counsel's explanation of the proposed use under the business license. The verbatim
explanation can be found in counsel's email in the Record of the Proceedings, Exhibit A,
which is incorporated herein by reference.
So, here is the explanation. The proposed use under the business application will
involve just Petitioner. There will be no other employees or independent contractors.
Petitioner will do nail art and sculpturing by appointment only. So, there will never be
more than one client at the residence at a time. Petitioner will not be doing any
massages, tanning, hair, or any of the other things that typically occur in a beauty salon.
That is worth reiterating. She is not proposing to operate a beauty salon out of her house,
but rather, she is proposing to undertake only nail art and sculpturing.
Under the PD-C application, Petitioner sought approval of a parking lot. Not so
under the business license application. Under the PD-C, Petitioner sought approval of
signage. Not so under the business license application (unless it complies with Code,
chapter 36, art. X). In other words, the house will look like a house, and only Petitioner
will work there doing nail art and sculpturing, and her practice is to schedule only one
3
client an hour. So, there will be no traffic in excess of what occurs in a typical residential
setting.
This use is an appropriate home occupation. It is just like the music teacher who
has a child show up every hour at her house to have a piano lesson, except Petitioner will
not be as loud. Under § 36-253(b)(6)(b), painting and sculpturing are permitted home
occupations. In addition, tutoring limited to 2 students at a time is a permitted home
occupation.
Here, Petitioner will be painting nails. She will be sculpturing nails. She will be
tutoring her clients - one at a time - on how to paint and sculpt nails. She will be engaged
in a permitted home occupation. Reversal is proper.
The City is expected to mischaracterize Petitioner's proposed home occupation as
a beauty salon, which is prohibited as a home occupation. See City Ord. § 36-
253(b)(6)(c)(1). Petitioner's proposed use is not a beauty salon, A grocery store sells
produce, dairy, cereals, condiments, meat, and beer. If all I sell is beer, does that make
me a grocery store? No. The same applies here. A beauty salon offers pedicures,
manicures, hairstyling, massages, face treatments, tanning, etc. All Petitioner proposes
under the business license application is to do pedicures and manicures - which is
painting and sculpturing. She will not be operating a beauty salon out of her home.
During the hearing before the Board, the City claimed that no beauty shop -type
uses have been allowed as home occupations in the past. See Ex. A. This was one of the
grounds for affirming Petitioner's business license application. Petitioner thereafter
made a Freedom of Information Act request concerning the same topic, and the City
responded similarly that no individuals in the City perform nail art and sculpting (i.e.,
4
manicures and pedicures) in their homes and/or operate in facilities zoned residential.
See Letter attached hereto as Exhibit 2.
The City is not being truthful. The City has granted licenses to beauty salons and
manicurists even where those businesses were located in residential or other
"nonconforming" zoning areas. Petitioner made a Freedom of Information Act request to
the City's Treasury Division seeking the names and addresses of all licensed manicurists
and beauty salon operations in the City. See Letter attached hereto as Exhibit 1. Based
on this information, Petitioner then made a Freedom of Information Act request to the
Department of Planning and Development seeking the zoning of these businesses. See
Letter attached hereto as Exhibit 2. The information from the Department of Planning
and Development shows that there are several licensed manicurists and beauty salons
who are operating, or who operated, in residential or other "nonconforming" zoning
areas. See Letter attached as Exhibit 3.
CONCLUSION
The Board erred when it affirmed the denial of Petitioner's business application.
The City's ordinances permit a person to perform the occupation of nail art, sculpturing,
and tutoring out of his or her home. The City has granted licenses to manicurists and
beauty salon operators who operate out of their homes and in other "nonconforming"
zoning areas. This fact underscores the correctness of Petitioner's construction of the
City's ordinances. Reviewing the Board's decision de novo, and strictly construing the
City's ordinances in favor of the property owner, the Board's decision should be
reversed.
5
WHEREFORE, Petitioner, Kimberly Mensie, prays that the decision of the Board
and City be reversed by this Court; and for all other just and proper remedies to which
Petitioner is entitled.
Respectfully submitted,
NISWANGER LAW FIRM PLC
#5 Innwood Circle, Suite 110
Little Rock, AR 72211
Phone (501) 223-2888
Fax (501) 421-3651
www.niswangerlawfm.com
By: t
Stephen B. iswang , #96012
Alexander Cale Block, #2007149
Attorneys for Kimberly Mensie
CERTIFICATE OF SERVICE
I hereby certify that on the 1F day of August 2008, a copy of the foregoing was
sent by facsimile and regular mail to Amy Beckman Fields, Deputy City Attorney, City
Hall --Suite 310, 500 W. Markham, Little Rock, AR 72201.
4J�� �Z--N�
Stephen B. Niswanger
P,
NISWANGER LAW FIRM PLC
#5 Innwood Circle, Suite 110
Little Rock, Arkansas 72211
Alexander Cale Block
cale@niswangerlawfirm.com
April 2, 2008
Scott Massanelli
Treasury Management Division
100 City Hall
500 West Markham Street
LittleRock, AR 72201-1497
Tony Bozynski
Planning & Development Department
723 West Markham
Little Rock, AR 72201
Paul Halverson
Arkansas Department of Health
4815 West Markham
Little Rock, AR 72205
Re: FOIA Request
Dear Sirs,
Telephone (501)223-2888
Facsimile (501) 421-3651
11"
Pursuant to the state Freedom of Information Act, Ark. Stat. Ann. §§ 25-19-101 to
25-19-109, I write to request copies of the names, addresses, and any other related
information of parties who you have licensed to operate any businesses that involve
manicures or pedicures, who p business out of their homes and/or operate in a facilities
zoned Residential. If your agency does not maintain these records, please let me know
who does and include the proper custodian's name and address.
As provided in the Freedom of Information Act, I would appreciate your response
within three (3) business days.
EXIMIT 1
www.niswarigerlawfirm. com
April 2, 2008
Page 2
If you choose to deny this request, please provide a written explanation for the
denial including a reference to the specific statutory exemption(s) upon which you rely.
Also, please provide all segregable portions of otherwise exempt material.
Thank you for your assistance.
Cordially,
1ISWAN ER LAW F,,IRM PLC
Alexander Cale Block
ACB/cb
cc: Steve Niswanger, Esq. (of the firm.)
City of Little Rock
Treasury Management Division
500 West Markham Street - Room 100
Little Rock, Arkansas 72201-1414
Telephone: (501) 371-4566
Fax: (501) 371-4569
Web: www.littlerock.org
Receipt of Deposit
Payment Number: CASHBLOCK More Information: CALE BLOCK
Receipt Amount: $0.16
Deposit Date: 4/8/2008
Cash Code: 1001 - COMBINED ACCOUNT
Accounting Unit: 102501
Account: 47070
Activity:
Activity Acct Categy:
Line Amount: $0.16
Line Desciip� OW FOI REQUEST
FIN —ADMINISTRATION
MISCELLANEOUS REVENUE
Receipt Print Date / Time: 08 APR 2008 13 : 22 Payment ID: 1712 / CASHBLOCK
SPA
;CLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 1
)ATE RUN: 04/07/2008 ACCOUNT REPORT TIME RUN: 15:30..09
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS 118.0 ONLY
:LASS
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
118.0
135144
ARKANSAS FITNESS'& MARIE
1521 MERRILL DRIVE #D-175
LITTLE
ROCK,
AR
72211
TULLOS, MARIE
•501-225-3488
118.0
136725
ARLINE'S INDIVIDUALITY I
5817 KAVANAUGH BLVD #1/2
LITTLE
ROCK,
AR
72207
JACKSON,'ARLINE
501-219-2080
118.0
137453
BOWMAN FITNESS CENTER
2516 CANTRELL ROAD #D
LITTLE
ROCK,
AR
72202
BUCKNER, ERIC •501-227-0300
118.0
135357
BOWMAN FITNESS CLUB
1121 S BOWMAN ROAD #C5
LITTLE
ROCK,
AR
72211
BUCKNER, ERIC
501-227-0300
118.0
139427
C & S CAPITAL MANGEMENT
13420 OTTER CREEK PARKWAY
LITTLE
ROCK,
AR
72210
OVERTURF MICHAEL
501-455-0132
118.0
133629
CURVES - THE RANCH
8201 RANCH BLVD
LITTLE
ROCK,
AR
72223
HANCOCK, FLOYD & PAULA
501-868-1200
118.0
139635
CURVES a OTTERCREEK
13420 OTTER CREEK PKWY #5
LITTLE
ROCK,
AR
7221D
OVERTURF DEBRA
501-455�0132
118.0
137468
CURVES FOR WOMEN
303 W CAPITOL AVENUE #309
LITTLE
ROCK,
AR
72201
TOMKAT ENT. LLC
501-786-7206
118.0
134903
CURVES IN THE HEIGHTS
5621 KAVANAUGH BLVD
LITTLE
ROCK,
AR
72207
RUPPEL, TAMMY
501-993-8892
118.0
133432
CURVES WEST LITTLE ROCK
301 N SHACKLEFORD ROAD #D
LITTLE
ROCK,
AR
72211
RUPPEL, TAMMY
501-993=8892
118.0
132910
DOWNTOWN ATHLETIC CLUB
111 CENTER STREET
LITTLE
ROCK,
AR
72201
RILEY, PAT, JR.
501-374-1005
118.0
138425
EFFECTIVE TOUCH ETC.
8822 CH1COT ROAD #B
LITTLE
ROCK,
AR
72209
WARD, SYL•VETTA, M
501-563-1B88
118.0
138939
ERICK BUCKNER INC
14524 CANTRELL ROAD #100
LITTLE
ROCK,
AR
72212
BUCKNER, ERIC
501-868-4844
118.0
128386
FITNESS FX
10720 N RODNEY PARHAM ROA
LITTLE
ROCK,
AR
72212
WHITE, DAVID
501-221-0720
118.0
140020
FITNESS PREMIER
9100 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72205
MARKOWICZ JASON
815-806-9470
118.0
139121
FITNESS-4-LIFE
3200 S SHACKLEFORD ROAD #
LITTLE
ROCK,
AR
72205
WHITE, CURTIS
501-224-4200
118.0
140192
INCHES -AWEIGH
10300 N RODNEY PARHAM ROA
LITTLE
ROCK,
AR
72227
CARREA JENNY
850-217-8364
118.0
123830
J.P. FITNESS LLC
425 W CAPITOL AVENUE #29T
LITTLE
ROCK,
AR
72201
FRANCOEUR; JEAN-PAUL
501-399-9355
118.0
`136348
LA WEIGHT LOSS
301 S BOWMAN ROAD
LITTLE
ROCK,
AR
72112
NICHOLS, RON
- -
118.0
133559
LADY OF AMERICA
11121 N RODNEY PARHAM ROA
LITTLE
ROCK,
AR
72212
MCCLELLAND, MONA
501-221-3488
118.0
111553
LITTLE ROCK ATHLETIC CLU
4610 SAM PECK ROAD
LITTLE
ROCK,
AR
72205
RILEY'S HEALTH & FITNE
501-227-4242
118.0
129429
LITTLE ROCK RACQUET CLUB
1 HUNTINGTON ROAD
LITTLE
ROCK,
AR
72227
MACKEY ANNE C
501-225-5711
118.0
134479
LR PILATES,LLC DBA THE P
5915 KAVANAUGH BLVD
LITTLE
ROCK,
AR
72207
MCKINNIS, SHEILA & MOO
501-603-2103
118.0
125866
LS PARTNERS, LLC
1428 MERRILL DRIVE
LITTLE
ROCK,
AR
72211
LAWRENCE, JEFFREY & SC
501-221-3030
118.0
140282
PURE SKIN CARE CLINIC
11324 KANIS ROAD
LITTLE
ROCK,
AR
72211
HYDEN SUSANNAH
501-366-7219
118.0
120563
REJUVENATION CLINIC
11125 ARCADE DRIVE #H
LITTLE
ROCK,
AR
72212
ATTN: MAHVASH KAMRAN
501-224-3043
118.0
136142
RIVER CITY GYMNASTICS, 1
5310 S SHACKLEFORD ROAD
LITTLE
ROCK,
AR
72204
RUSSENBERGER, OLA
501-407-8000
118.0
137187
SKIN +
11610 PLEASANT RIDGE ROAD
LITTLE
ROCK,
AR
72223
SKIN +
501-801-8208
118.0
137480
SKIN CARE BY LANISE
6320 BASELINE ROAD #F
LITTLE
ROCK,
AR
72209
BRIGGS, LANISE
501-570-8995
118.0
140233
SKINSTAR
1428 MERRILL DRIVE
LITTLE
ROCK,
AR
72211
LAWRENCE JEFF
501-227-6401
118.0
138393
THE BODY SHOPPE MASSAGE
11324 KANIS ROAD #B
LITTLE
ROCK,
AR
72211
WILLIAMS, SUZANNE E.
501-716-2699
118.0
136284
THE FEMALE PHYSIQUE, LLC
1508 MACON DRIVE #11
LITTLE
ROCK,
AR
72211
SLYBY, CHRISTINE & ROP
501-228-4595
118.0
134333
WELLNESS STUDIO -AN ALTER
2601 KAVANAUGH BLVD #4
LITTLE
ROCK,
AR
72205
MUELLER, AMY LASER
501-603-0338
* * * *
* TOTAL
: 33
tfiuit trl_(�fs
CLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 1
-ATE RUN: 04/07/2008 ACCOUNT REPORT TIME RUN: 15:28:09
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS 144.0 ONLY
;LASS
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
44.0
140345
ALLURE NAILS
2516 CANTRELL ROAD #B
LITTLE
ROCK,
AR
72202
VU BRANDON
501-664-0964
44.0
128448
ASIAN NAILS
11601 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
TANG, THOMAS
501-707-8989
44.0
128449
ASIAN NAILS
14309 CANTRELL ROAD #2
LITTLE
ROCK,
AR
72223
TANG, THOMAS
501-707-1234
44.0
133105
BEAUTY NAILS
4419 W 12TH STREET
LITTLE
ROCK,
AR
72202
NGUYEN, THUAN
501-960-7280
44.0
127671
BEST NAILS
8824 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
NGUYEN, JUSTIN
501-562-5101
44.0
138552
CECI'S FOOT SPLASH AND B
5620 W 12TH STREET #4
LITTLE
ROCK,
AR
72204
MCDOWELL, CICELEY
- .
44.0
138150
ELEGANT NAILS
12801 CHENAL PARKWAY
LITTLE
ROCK,
AR
72221
HONG, TAN
501-228-0904
44.0
133707
ENVY NAILS
8521 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
HAI DAD
- -
44.0
139403
ENVY NAILS SPA
14870 CANTRELL ROAD #130
LITTLE
ROCK,
AR
72223
HOANG COURTNEY
501-868-3689
44.0
127064
FANCY NAILS
00 VOI ROAD #2
LITTLE
ROCK,
AR
72227
NGUYEN, Al V.
501-224-8382
44.0
130984
FRENCH NAILS
12312 CHENAL PARKWAY #9
LITTLE
ROCK,
AR
72211
BUI, CHUC
501-224-BT67
44.0
132882
HOT NAIL
7515 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
DUNG - HUU • DINH
501-568-6111
44.0
134372
K-NAILS
315 N BOWMAN ROAD #10
LITTLE
ROCK,
AR
72211
K-NAILS
501-219-9710
44.0
129552
KARE NAILS
5211 W 65TH STREET
LITTLE
ROCK,
AR
72209
KARE NAILS
501-562-1455
44.0
132827
LAUREN'S
1500 MACON DRIVE 11D-3
LITTLE
ROCK,
AR
72211
FULLER, SUSAN
501-765-8335
44.0
127443
LE NAILS
9501 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72227
TRAM, PHUNG THI
501-221-2879
44.0
140807
LOYALTY NAILS AND SPA
1415 JOHN BARROW ROAD #D
LITTLE
ROCK,
AR
72204
HUNG DAD
501-221-1525
44.0
126472
MAGIC NAILS
64201QNEi GLENN RvAD #
LITTLE
ROCK,
AR
72204
DUONG, NGUYEN
501-624-0662
44.0
127081
NAIL EXPO
9112 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72205
VONG, HUNG
501-223-2392
44.0
135959
NAILS BY KATHY
6323 COLONEL GLENN ROAD
LITTLE
ROCK,
AR
72204
NGUYEN, TRAM
501-568-7224
44.0
1265BO
NAILS BY KIMMIE & COMPAN
5316 W MARKHAM STREET
LITTLE
ROCK,
AR
72205
MENSIE, KIMBERLY
501-280-0308
44.0
133027
NAILS 20D0
12111 W MARKHAM STREET #4
LITTLE
ROCK,
AR
72211
LE, PHUONG
501-221-3006
44.0
140374
NAILTORIOUS NAIL SPA
7801 CANTRELL ROAD #F
LITTLE
ROCK,
AR
72227
BROWN, ROSALYN
501-228-0761
44.0
139328
NU NAIL & SPA & ALTERATI
12911 CANTRELL ROAD #16
LITTLE
ROCK,
AR
72223
LE CHRISTINE
501-223-2171
44.0
139520
O.P. NAILS
301 N SHACKLEFORD ROAD #A
LITTLE
ROCK,
AR
72211
JENNIFER PHAN
501-907-5553
44.0
122145
PERFECTIONS PRIVATE NAIL
5018 CLUB ROAD #210
LITTLE
ROCK,
AR
72207
SPONER, JANICE
501-851-2123
44.0
130727
PRETTY NAILS
6000 W MAR: STREET #21
LITTLE
ROCK,
AR
72205
TRAM, HUYEN
501-603-9001
44.0
131523
QUEEN'S NAILS
11121 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
HUYNH, THOA
501-225-5570
44.0
136998
REGAL NAILS
19301 CANTRELL ROAD
LITTLE
ROCK,
AR
72223
NO, DANNY
501-MB-8250
44.0
132084
REJOYCE NAIL SALON
3000 KAVANAUGH BLVD #200
LITTLE
ROCK,
AR
72205
SMITH, JOYCE
501-663-1989
44.0
137384
SERENITY NAIL SPA
7801 CANTRELL ROAD
LITTLE
ROCK,
AR
72227
SERENITY NAIL SPA
501-228-0761
44.0
137771
SILKY NAILS
6221 COLONEL GLENN ROAD #
LITTLE
ROCK,
AR
72204
JULIE, CHAN L.
501-562-9245
44.0
129504
STAR NAILS
1001 S BOWMAN ROAD #4
LITTLE
ROCK,
AR
72211
TANG, TRONG & THOMAS
501-228-9689
44.0
133170
T.Q. NAILS
7419 BASELINE ROAD
LITTLE
ROCK,
AR
72209
LE, BRUCE
501-568-4228
44.0
131615
THE HAIR AND NAIL STUDIO
1 N DRIVE #C1
LITTLE
ROCK,
AR
72211
NEAL, HEATHER
501-227-5888
44.0
136405
TODAY'S NAILS & COSMETOL
1724 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
HUYNH, THIEN V.
501-663-0069
44.0
131471
TOP NAIL
6819 CANTRELL ROAD
LITTLE
ROCK,
AR
72207
NGUYEN, KIMBERLY
501-664-5136
44.0
127682
U.S. NAILS
3000 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
NGUYEN, HONG KIM
501-568-8001
44.0
122327
ULTIMATE NAILS, THE
4215 ASHER AVENUE
LITTLE
ROCK,
AR
72204
JONES, EDIE
501-661-9030
44.0
138718
VA NAILS, INC.
1 STAGECOACH VILLAGE DRIV
LITTLE
ROCK,
AR
72210
PHUONG HUYNH
501-455-9922
44.0
139206
WONDER NAILS
10101 MABELVALE PLAZA DRI
LITTLE
ROCK,
AR
72209
DO PHUONG
501-570-0450
44.0
139934
1ST NAILS
10700 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
DO CHRISTINE AND VINCE
501-851-3530
* * *
* TOTAL
: 42
WCLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 1
lATE RUN: 04/07/2008 ACCOUNT REPORT TIME RUN: 15:29:21
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS O41.0 ONLY
.LASS ACCNBR LICENSE NAME LICENSE ADDRESS CITY/STATE/ZIP OWNER NAME PHONE
137944
A DESIGN & COLOR SALON
200 N BOWMAN ROAD #11
LITTLE
ROCK,
AR
72211
GREENWOOD, ALLEN AND S
501-217-3500
133789
A -BLESSING CHRISTIAN BEA
33
LITTLE
ROCK,
AR
72209
WESLEY, ANGELA
501-568-9680
125657
AESTHETIC INSTITUTE
10809 EXECUTIVE CENTER DR
LITTLE
ROCK,
AR
72211
BURR, EARLENE
501-227-0707
138761
AFRICAN HAIR BRAIDING
1715 WR1GNr_avr:wiF
LITTLE
ROCK,
AR
72204
KEITA, ALKALY
501-612-7465
138960
AFTER 5 SALON
9501 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72227
ROMES, TRACIE
- -
121960
AHEAD OF HAIR
1415 BRECKENRIDGE DRIVE #
LITTLE
ROCK,
AR
72205
DUNN, MADOLYN
501-227-5500
139307
ALISA'S HAIR HAVEN
7409 BASELINE ROAD
LITTLE
ROCK,
AR
72209
GRISHAM ALISA
501-569-9542
131474
ALL OUT HAIR DESIGN
240 a crerc cr�`rw
LITTLE
ROCK,
AR
72206
LOYD, R. ROBERT
501-329-9866
129136
AMCA, INC.
1YQUKNTERVIEW DRIVE #30
LITTLE
ROCK,
AR
72211
LACHMAN, DAVID
501-217-8100
120078
ANDOVER PLACE SALON
2601 ANDOVER COURT #628
LITTLE
ROCK,
AR
72207
MINTON, JOANN
501-225-7445
120984
ANGLES SALON
1l';24 r
LITTLE
ROCK,
AR
72211
HENDRIXSON, M
501-221-0330
127254
ANOINTED TOUCH
7006 COLONEL GLENN ROAD
LITTLE
ROCK,
AR
72204
ALLEN, TINA
501-562-2770
138669
ANOTHER LEVEL BEAUTY SAL
915 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
BARNES, TAMMY
501-565-1110
134626
ANUE SALON
11900 KANIS ROAD #D-6
LITTLE
ROCK,
AR
72211
HALL, CHELSEA
501-228-0022
120207
ARCADE HAIR SALON
11323 ARCADE DRIVE #B
LITTLE
ROCK,
AR
72212
KEENE, CLIFF
501-225-2040
100419
AS YOU LIKE IT
2614 KAVANAUGH BLVD
LITTLE
ROCK,
AR
72205
MARLOWE, KELLY
501-663-3428
136793
ASHLEE'S HAIR STUDIO
6221 COLONEL GLENN ROAD
LITTLE
ROCK,
AR
72204
PORCHAY, JACKIE
501-565-4241
130870
ATTITUDEZ SALON
1431 MERRILL DRIVE #G
LITTLE
ROCK,
AR
72211
SMITH, JOY
501-221-1236
128345
ATTRACTION BY STEWART
-4400 ASHER AVENUE
LITTLE
ROCK,
AR
72204
STEWART, KIMBERLY
501-661-0385
108666
AVATAR, INC
3625 AVANAucH eLVD #C
LITTLE
ROCK,
AR
72205
JAMES, RON & ARMSTRONG
501-661-1616
138074
AXIS SALON
10301 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72202
CREAL, ANTHONY AND ANG
501-219-0008
105681
B.M. STYLECREST BEAUT SA
1524 DR MARTIN LUTHER KIN
LITTLE
ROCK,
AR
72202
DOUGLAS, BARBARA
501-372-9678
137348
BEAUTY BY KIM
14810 CANTRELL ROAD #110
LITTLE
ROCK,
AR
7222346 RICHARDSON, KIM
501-351-7119
139149
BEAUTY GALLERY
LITTLE
ROCK,
AR
72227
LEWIS, SALLIE
501-225-4078
137469
BEEHIVE
2913 KAVANAUGH BLVD
LITTLE
ROCK,
AR
72205
JOHNSON, RICHARD JILL
501-663-0185
106838
BERNICE BEAUTY CLINIC
711 E ROOSEVELT ROAD
LITTLE
ROCK,
AR
72206
GRAVES, BERNICE
501-372-0925
113725
BETTY'S BEAUTY BAZAAR
j91JMU4AR&ULZQAD
LITTLE
ROCK,
AR
72204
CONNER, BETTY
501-224-6120
134085
BEYOND ELEGANCE SALON
3032 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
KELLEY, TAMARA
501-565-5393
126452
BEYOND FOKUS HAIR STUDIO
6323 #
LITTLE
ROCK,
AR
72204
ELMORE, ROBERTA
501-224-0872
126874
BEYOND HAIR
2303 BEECAYNE ngluF
LITTLE
ROCK,
AR
72227
STALTER, JAJUAN
501-247-2739
139311
BIJOU HAIR BRAIDING AND
7622 BASELINE ROAD #B
LITTLE
ROCK,
AR
72209
CAMARA BINTOUGBE
- -
100631
BILL'S BARBER & BEAUTY
7406 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72209
JAMES, BILL
501-562-1032
100678
BJH BEAUTY SALON
201 N VAN 8UREN STREEL
LITTLE
ROCK,
AR
72205
HURD, BETTY BROADDRICK 501-666-5970
136308
BLESSED FADES SALON
D
LITTLE
ROCK,
AR
72204
TELCORP INC
501-562-7770
118936
BOB AND WILL'S BEAUTY SA
2923 W 12TH STREET
LITTLE
ROCK,
AR
72202
NOONER, ROBERT
501-664-3510
133640
BONNIE'S HAIR GALLERY
2801 ALDERSGATE ROAD
LITTLE
ROCK,
AR
72205
KENDRICK, BONNIE
501-316-2590
139822
BRANDY & JAMIE'S SALON
800 NAPA VALLEY DRIVE
LITTLE
ROCK,
AR
72210
TILLMAN JAMIE
501-228-9511
133135
BREATHE, INC.
2622 KAyjkNAUGj_qLYD
LITTLE
ROCK,
AR
72205
PETER STEPPACH
501-664-4300
113782
BY DESIGN INC.
425 W CAPITOL AVENUE
LITTLE
ROCK,
AR
72201
TRIBELL, LYNETTE
501-376-4406
135867
C K NAILS
7700 CANTRELL ROAD
LITTLE
ROCK,
AR
72227
ROMINE, LENA
501-219-2544
131580
CANDY'S HAIRWEAVING & BE
4215 ASHER AVENUE
LITTLE
ROCK,
AR
72204
ANDERSON, BERNIE M.
501-666-7662
134182
CASH AND PONGETTI LTD
'7811 CANTRELL ROAD
LITTLE
ROCK,
AR
72227
CASH, MICHAEL
501-217-8207
124933
CENTER OF ATTRACTION HAI
7202 BASELINE ROAD
LITTLE
ROCK,
AR
722D9
LOCKHART, ASHLEY
501-562-0828
121338
CHANGES HAIR SALON & BAR
4306 ASHER AVENUE
LITTLE
ROCK,
AR
72204
NEW DEVELOPMENTS INC./ 501-375-4949
126137
CHARISMA'S BEAUTY -BARBER
6501 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72209
BOYD, DARRELL L
501-562-2270
140648
CHENAL VALLEY DAY SPA AN
1720L ruou^f�, ..tea^�2�0
LITTLE
ROCK,
AR
72223
DANIELS STEPHANIE, PHA 501-821-3330
101183
CLOTEALE'S BEAUTY SALON
2000 BRAGG STREET
LITTLE
ROCK,
AR
72206
HANEY, CLOTEALE P
501-374-9122
108821
COMMUNITY STYLISH CENTER
MW S PINE STREET
LITTLE
ROCK,
AR
72204
JOHNSON, FREDDY
501-661-9815
135645
COSMETIC AND PAMPERING S
300 S UNIVERSITY AVENUE #
LITTLE
ROCK,
AR
72205
YOUNG, WILMA J.
501-663-0959
118738
COSMETIC THERAPY INSTITU
3 INNWOOD CIRCLE #105
LITTLE
ROCK,
AR
72211
WHITE, JANE
501-223-8012
133217
CREATIONS UNLIMITED
1407 JOHN BARROW ROAD
LITTLE
ROCK,
AR
72204
MARTIN, FRED
501-227-6016
121136
CUT & CURL BEAUTY SALON
7203 COLONEL GLENN ROAD
LITTLE
ROCK,
AR
72204
PARKER, EVELYN
501-562-5229
CLB329)
*** CITY OF LITTLE ROCK - TREASURY MANAGEMENT
DIVISION ***
PAGE 2
-ATE RUN:
04/07/2008
ACCOUNT REPORT
TIME RUN: 15:29:21
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME
WITHIN
CLASS
REQUESTED CLASS O41.0
ONLY
;LASS
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
141.0
136972
CUTTIN HEADS
7509 CANTRELL ROAD #114
LITTLE
ROCK,
AR
72207
YARBROUGH, TERRY & REB
501-663-4323
141.0
140493
CUTTIN HEADS SALON
1 HINSDN LOOP ROAD #8
LITTLE
ROCK,
AR
72112
YARBROUGH TERRY
501-225-2330
141.0
137295
DAZZLING CREATIONS
'4310 JOHN BARROW ROAD
LITTLE
ROCK,
AR
72204
FLANNIGAN, ANDRESS
501-562-5454
141.0
135015
DEE DEE'S PLACE BEAUTY S
5001 W 34TH STREET
LITTLE
ROCK,
AR
72204
MAYS, DOROTHY
501-565-7332
141.0
133341
DENSIL'S HAIR FASHIONS
4318 W 14ARKHAM STREET
LITTLE
ROCK,
AR
72205
CARTER, MELVIN
501-666-2000
141.0
132388
DESIGNING SISTERS BEAUTY
4520 COBB STREET.
LITTLE
ROCK,
AR
72204
WILSON, BEVERLY
501-568-7077
141.0
122041
DESIGNING WOMEN II
480
LITTLE
ROCK,
AR
72209
AUSTIN, CYNTHIA
501-568-8424
141.0
130297
DESIGNS IN MOTION
1855 S CHESTER STREET
LITTLE
ROCK,
AR
72206
DANIELS, WILBURN L & A
501-376-4435
141.0
124654
DIAN'S MIRACLE BAZZAR
6420 MABELVALE CUTOFF STR
LITTLE
ROCK,
AR
72209
HICKS, DIAN
501-565-8401
141.0
112123
DIMENSIONS UNLIMITED
1200 JOHN BARROW ROAD #31
LITTLE
ROCK,
AR
72205
STEWART, C
501-224-2102
141.0
140262
DIVINE EXPRESSIONS SALON
650 S SHACKLEFORD ROAD #3
LITTLE
ROCK,
AR
72210
AARON JOYCE
- -
141.0
118561
DOROTHY'S HOUSE OF STYLE
4216 W 12TH STREET
LITTLE
ROCK,
AR
72204
HARMON, DOROTHY
501-663-7005
141.0
101916
DOROTHY'S MAGIC MIRROR
7801 CANTRELL ROAD #C
LITTLE
ROCK,
AR
72207
MILLS, MRS DOROTHY
501-225-4471
141.0
117628
DDUBLE M BEAUTY SALON •
1508 S IZARD STREET #B
LITTLE
ROCK,
AR
72202
MANNING, VIOLA
501-372-8801
141.0
101950
DOYLE HAIR FASHIONS
1501 N UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72207
ADAMS, DOYLE
501-664-6818
141.0
137913
DYNASTY HAIR GALLERY
2514 W 12TH STREET
LITTLE
ROCK,
AR
72202
WILLIAMS' ANN
501-372-2114
141.0
132706
EDEN, INC.
7 SHACKLEFORD PLAZA
LITTLE
ROCK,
AR
72211
MARTUCCI, DANIEL
501-821-039B
141.0
121657
ELLIOTT, GREG SALON
5817 KAVANAUGH BLVD #1/2
LITTLE
ROCK,
AR
72207
ELLIOTT, GREG
501-663-5881
141.0
120996
ENOCH'S SALON
6 T YL
LITTLE
ROCK,
AR
72212
MILLER, ENOCH
501-868-6669
141.0
122819
ENVOGUE
100 N ROD.NEY PARHAM ROAD
LITTLE
ROCK,
AR
72205
BLACKBURN, PAMELA, '501-228-0474
141.0
136780
ENVY
ADD KAVA11Ai]GIi�BLVD ##C
LITTTLE ROCK,
AR
72205
GWATNEY, CHRISTIAN
501-614-4147
141.0
138828
ERICA'S COSMIC & BOUTIQU
4509 W 12TH STREET
LITTLE
ROCK,
AR
72204
FLETCHER, ERICA
501-563-0668
141.0
140680
EVA AFRICAN HAIR BRAIDIN
11715 RAINWOOD DRIVE
LITTLE
ROCK,
AR
72211
SAMB MAIMOUNA
501-353-1645
141.0
140011
FAITHFUL K BEAUTY SALON
4509 W 12TH STREET
LITTLE
ROCK,
AR
72204
WILLIAMS VERA
501-351-5359
141.0
137360
FAMILY AFFAIR HAIR SALON
5620 W 12TH STREET #1
LITTLE
ROCK,
AR
72204
MILLER, SAMELLA
501-663-3717
141.0
120327
FANTASTIC SAM'S
12111 W MARKHAM STREET
LITTLE
ROCK,
AR
72211
NIXON, GRADY
501-223-2121
141.0
139729
FAZE 1 HAIR SALON
6409 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72204
SMITH MARY
501-838-3342
141.0
138235
FINAL TOUCH BEAUTY SALDN
7041 1
LITTLE
ROCK,
AR
72204
DILLARD, SHEENA OR CAR
501-562-9192
141.0
140441
FIONA HAIR STUDIO
6917 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72209
MITCHELL FIONA
501-563-7232
141.0
129852
FLAWLESS II
3408 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
MCCOLLOUGH, ANGELA, CH
501-280-9480
141.0
139611
FRINGE (BENEFITS) LLC.
LITTLE
ROCK,
AR
72207
MILES RANDALL
501-590-5346
141.0
133902
GALLERY SALON
1515 MARKET STREET
LITTLE
ROCK,
AR
72211
TUCKER, JULIE
501-223-0800
141.0
103724
GARY'S SALON
1300 W 4TH STREET
LITTLE
ROCK,
AR
72201
SMITH, GARY
501-374-3000
141.0
134960
GLAMARAMA
1500 MACON DRIVE #D4
LITTLE
ROCK,
AR
72211
D'ANGELO, CAMARIE
501-224-1812
141.0
127927
GLENN & GREG'S
812 11 UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72205
DOBBS, GLENN
501-372-3206
141.0
124081
GLITZ & GLAMOUR NAIL & H
5223 W 65TH STREET
LITTLE
ROCK,
AR
72209
LOCKHART-JONES, CYNTHI
501-375-5619
141.0
131483
GODDESS BEAUTY SALON
2916 W 12TH STREET
LITTLE
ROCK,
AR
72204
HUGHES, DONALD
501-664-1405
141.0
135479
GOLD'S BEAUTY SHOP
2902 MAIN STREET
LITTLE
ROCK,
AR
72206
MCBRIDE, SHARON
501-376-1073
141.0
102530
GOLDEN DOOR TO BEAUTY #2
14810 CANTRELL ROAD #110
LITTLE
ROCK,
AR
72223
YARBROUGH, BETTY J
501-838-3339
141.0
138160
GOOD INTENTIONS BEAUTY &
2004 S PINE STREET
LITTLE
ROCK,
AR
72202
STARKS, ELAINE
501-612-7213
141.0
132686
GRADY SMITH SALON
2017 KAVAN VD
LITTLE
ROCK,
AR
72205
MAJOR, DENNIS L.
501-666-3522
141.0
137440
GREAT CLIPS
14000 HWY'10 #G
LITTLE
ROCK,
AR
72212
BAUER, BRUCE AND DENIS
501-312-1133
141.0
120112
HAIR BY PATTY & COMPANY
2401 W 12TH STREET
LITTLE
ROCK,
AR
72202
JOHNSON, PATTY A
501-372-1322
141.0
102717
HAIR CARE, INC
5910 R STRE"
LITTLE
ROCK,
AR
72207
CROSWELL, GORDON
- -
141.0
122104
HAIR DO'S'DEE ELEGANCE
4023 W 12TH STREET
LITTLE
ROCK,
AR
72204
LOUDEN, WILLIAM C
501-663-1241
141.0
140172
HAIR DOCTORS
1855 S CHESTER_STREET
LITTLE
ROCK,
AR
72206
LOWE JAN
501-240-2069
141.0
137921
HAIR ESSENCE
D0 BFSHOp STREET
LITTLE
ROCK,
AR
72202
STUBBELFIELD, WILLENE
501-374-0690
141.0
129199
HAIR EXCELLENCE SALON
6904 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72209
HOOD, SANDRA
501-562-3905
141.0
129507
HAIR IT IZ
2401 DR MARTIN LUTHER KIN
LITTLE
ROCK,
AR
72206
CURRY, ARLINDA
501-372-2484
141.0
135963
HAIR QUARTERS
8822 CHICOT ROAD #A
LITTLE
ROCK,
AR
72209
JONES, ENOS
501-570-0442
141.0
102720
HAIR STYLERS, INC.
U114z MELM DRI1L
MABELVALE, AR 72103
MARSHALL, FRAN & WAYNE
501-455-4247
141.0
108484
HAIR UNLIMITED
11324 ARCADE DRIVE #13
LITTLE
ROCK,
AR
72212
HOLLOWAY, STEVE A
501-227-4613
141.0
102756
HALL'S BEAUTY SHOP
12501 HALL LANE
LITTLE
ROCK,
AR
72103
HALL, JOYCE
501-455-1070
CLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 3
ATE RUN: 04/07/2008 ACCOUNT REPORT TIME RUN: 15.29:21
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS O41.0 ONLY
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
130985
HEAD WAVES
JZL3 R STREET
LITTLE
ROCK,
AR
72207
WOODALL, CHRIS
501-225-7152
110363
HEADS UP BEAUTY SALON
1400 S UNIVERS Y AVENUE
LITTLE
ROCK,
AR
72204
SIMMONS,J & KELLEY, DE
501-663-1108
108204
HELEN'S HAIR STYLING
10110 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72209
MCDONALD, HELEN
501-562-3045
129223
HIGH PROFILE
5323 BASELINE ROAD
LITTLE
ROCK,
AR
72209
WITHERS, VERNON L (JR)
501-565-2088
137979
HILLCREST SQUARE SALON
3000 KAVANAUGH BLVD #201
LIITLE
ROCK,
AR
72205
COPELAND NATASCHA
501-563-2184
103013
HIROKO'S HAIR FASHIONS
7515 05YER SPRINGS R
LITTLE
ROCK,
AR
72209
PIPER, HIROKO
501-562-0741
107920
HOUSE OF ELEGANCE
3005 ASHER AVENUE
LITTLE
ROCK,
AR
72204
PHILLIPS, DOROTHY A
501-663-9604
140171
H2O
11324 ARCADE DRIVE #6
LITTLE
ROCK,
AR
72212
PRUITT MARTY
501-978-7474
138520
IDENTITY HAIR STUDIO
17 CHESTER STREET #A
LITTLE
ROCK,
AR
72201
WITTENBURG, CHRIS
- -
138244
IMAGE PLUS
3032 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
ARMSTRONG, ANGELA
501-562-7415
140905
IT'S YOUR WORLD BEAUTY &
5512 PATTERSON ROAD
LITTLE
ROCK,
AR
72209
HAYES JUAN
501-490-1538
137682
J HALLIDAY'S SALON
3700 CANTRELL RO #105
LITTLE
ROCK,
AR
72202
HALLIDAY, JENNIFER
- -
135982
JACKSON'S COLOR STUDIO
2311 BISCAYNE DRIVE
LITTLE
ROCK,
AR
72227
TESTER, JACKSON
501-217-0303
133936
JANAES'
1200 JOHN BARROW ROAD #32
LITTLE
ROCK,
AR
72205
CLEAVER, CHRISTAL
501-217-0430
117318
JEAN'S BEAUTY SHOP
LITTLE
ROCK,
AR
72210
GOSS, JEAN
501-225-4092
137606
JENNIFER WILLIAMS, INC
610 PLEASANT RIbGE ROAD
LITTLE
ROCK,
AR
72223
WILLIAMS, JENNIFER
501-227-8B13
115529
JESSE'S
9816 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72227
BAILEY, JESSE
501-225-7077
139711
JESSIE BEAUTY SHOP
Mmu"I g(L
LITTLE
ROCK,
AR
72209
POINTER JESSIE
501-563-9708
112007
JOEL'S INCORPORATED
8201 CANTRELL ROAD #370
LITTLE
ROCK,
AR
72207
GALLOWAY, JOEL
501-221-2399
139855
JOELS DOWNTOWN'
300 E 3RD STREET•#100
LITTLE
ROCK,
AR
72201
GALLOWAY JOEL
501-372'--2700
135278
JUST FOR YOU SALON
11500 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
SQUIRES, CHRISTY
501-944-0444
137985
JUST WRIGHT BEAUTY & BAR
1 WESTW000
LITTLE
ROCK,
AR
72204
WRIGHT, RANDALL
501-562-5878
121601
KAVANAUGH HAIR SALON
5615 KAY&H&UWi-
LITTLE
ROCK,
AR
72207
RYAN, KATHY
501-868-7421
103519
LA FEMME HAIR STYLIST
2500 W 12TH STREET
LITTLE
ROCK,
AR
72202
WILLIAMS, ANN
501-375-7987
135145
LEVEL III DESIGN STUDIO
3300 JOHN BARROW ROAD #A
LITTLE
ROCK,
AR
72206
DEDMON, IOSEPHINE
501-541-7535
133771
LEWIS HAIR DESIGN, LLC D
7710 CANTRELL ROAD #E & F
LITTLE
ROCK,
AR
72227
LEWIS, BART
501-663-5725
103678
LINDA'S HAIR FASHIONS
5809 BIG _OAK _L_AHE
LITTLE
ROCK,
AR
72209
ACHTERBERG, LINDA
501-565-3661-
133641
LITTLE ROCK HAIR PRODUCT
10720 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
HARRISON, MICHELLE --
501-224-0236
130139
LOIS AND RAY'S SALON
10301 N RODNEY PARHAM ROA
LITTLE
ROCK,
AR
72227
WALTER, ANTHONY
501-217-0900
138932
LUXE
13200 W MARKHAM STREET #1
LITTLE
ROCK,
AR
72211
TYSON, ALANA
501-217-1611
139715
M B P & J BEAUTY SALON
2809 W 12TH STREET #1/2
LITTLE
ROCK,
AR
72204
RHODES, MATTIE
501-664-0591
140018
M SALON
3000 KAVANAUG
LITTLE
ROCK,
AR
72205
CRAIG MONICA
501-663-6643
102019
MANE EVENT
53 MABEEVALE PIKE
LITTLE
ROCK,
AR
72209
WEBB, HELEN
501-565-3726
104027
MARGIE'S BEAUTY SALON
2217 S ARCH STREET
LITTLE
ROCK,
AR
72206
STEWART, MARGIE W
501-372-9120
119203
MARKHAM HAIR DESIGNERS
9724 W MARKHAM STREET
LITTLE
ROCK,
AR
72205
MCCOY, PAM & LEIN, PAT
501-225-5506
104046
MARNYE'S BEAUTY SALON
2901 W MARKHAM STREET
LITTLE
ROCK,
AR
72205
HOGAN, MARNYE
501-661-0099
104054
MARTHA'S BEAUTY SALON
607 LIONEL DRIVE
LITTLE
ROCK,
AR
72209
TABER, MARTHA
501-562-6236
104070
MARY'S MAGIC CURL BEAUTY
4415 W 12TH STREET
LITTLE
ROCK,
AR
72202
ROLLINS, MARY
501-666-0550
115844
MASTERCUTS #342
6000 W MARKHAM STREET #30
LITTLE
ROCK,
AR
72205
MINNESOTA REGIS CORPOR
- -
111618
MEADOWCLIFF HAIR FASHION
5700 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72209
FOTHERGILL, DORIS
501-565-4168
125040
MELANIE'S AMERICAN HAIR
9107 N RODNEY PARHAM ROAD
LITTLE
ROCK,
AR
72205
YOUNG, MELANIE
501-225-6156
126835
MS. HELEN & CO SALON 200
9200 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
SMITH, HELEN SUE
501-562-0187
133239
NANCY'S NAIL & HAIR
9101 W MARKHAM STREET #G
LITTLE
ROCK,
AR
72205
TRAN, PETER
- -
130947
NEW DIRECTIONS HAIR AND
1i715 RAIIFWo
LITTLE
ROCK,
AR
72212
WYNN, ROBIN
501-225-0958
122070
NEW ELEGANT HAIR STUDIO
5200 14ABELVALE PIKE #B
LITTLE
ROCK,
AR
72204
HARRIS, ODELL
501-565-2600.
138258
NEW IMAGE SALON UNISEX
7212 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
ARRIBAS, IRMA
501-562-2582
139398
NEXT GENERATION RENEWING
3924 W 12TH STREET
LITTLE
ROCK,
AR
72204
ROBERSON, BRUCE AND DA 501-563-9053-
108455
NISIE'S COSMIC BEAUTY BO
4000 W 12TH STREET
LITTLE
ROCK,
AR
72204
ARMSTEAD, DENISE
501-661-9122
128864
NO LIMIT STYLES BEAUTY S
3300 FA€R PAR
LITTLE
ROCK,
AR
72204
HOLMAN, LATREESE
501-565-5501
117815
NORMA AND COMPANY
5910 R STREET
LITTLE
ROCK,
AR
72207
RYALL, NORMA
501-663-4078
133428
NU DESIGN STYLING SALON
10500 W MARKHAM STREET #1
LITTLE
ROCK,
AR
72205
GILL, VICKIE
501-954-7767
131185
NU LOOK SALON
1908 GREEN MEADOW DRIVE
LITTLE
ROCK,
AR
72204
GRANT, ROSE
501-265-0180
124964
OTTER CREEK BEAUTY SALON
10506 STAGECOACH ROAD #B
LITTLE
ROCK,
AR
72210
MCCLAIN, CHARLOTTE
501-455-4739
:CLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 4
iATE RUN: 04/07/2008 ACCOUNT REPORT TIME RUN: 15:29:21
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS O41.0 ONLY
:LASS
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
)41.0
127528
PARKVIEW HAIR DESIGNS
1200 S COMMERCE STREET
LITTLE
ROCK, AR
72202
HUDSPETH, RANDALL
501-376-1433
)41.0
137972
PATRICIA'S BEAUTY SALON
5317 W 65TH STREET
LITTLE
ROCK,
AR
72209
CONTRERAS, PATRICIA
501-240-1495
)41.0
123201
PAULA'S LEHAIR GALLERY
3214 ASHER AVENUE
LITTLE
ROCK,
AR
72204
SIMS, PAULA
501-663-8174
)41.0
126571
PHYLLIS DAVIS SALON
11500 N RODNEY PARHAM ROA
LITTLE
ROCK,
AR
T2212
LAMBERT, PHYLLIS.
501-851-1664
)41,0
137504
PINKY'S HAIR GALLERY
8501 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
YOUNG; KATRINA
- -
)41.0
123853
PLAZA TOWERS BEAUTY SHOP
6115 W MARKHAM STREET
LITTLE,RObK,
AR
72205:
HALCUMB, LARRY & BONNI
501-376-0602
)41.0
130276
POSH STUDIO
7 SHACKLEFORD PLAZA #B
LITTLE
ROCK,
AR
72227
CHARLES, CARISSA
501-565-2255
)41.0
129580
POSSIBILITIES
2311 S SPRING STREET
LITTLE
ROCK,
AR
72206
BEARD, BRENDA & JC
501-374-5783
)41.0
135987
PRO CUTS & STYLES
5500 ASHER AVENUE
LITTLE
ROCK,
AR
72204•
BRUNSON, UNDRE
501-565-0194
)41.0
124010
PROFESSIONAL I1 BEAUTY S
1321 DR MARTIN LUTHER KIN
LITTLE
ROCK,
AR
72203
J M PRODUCTS, INC.
501-371-0040
)41.0
124009
PROFESSIONAL 1 BEAUTY SA
2501 ARCH STREET
LITTLE
ROCK,
AR
72206
J M PRODUCTS, INC.
501-371-0040
)41.0
134156
Q-N-Q DESIGNS
1116 FAIR PARK BLVD
LITTLE
ROCK,
AR
72205
MCCARTHER, TERESA
501-265-0159
)41.0
133822
QUAPAW CUTTERS
700 E 9TH'STREET
LITTLE
ROCK;
AR
72202
WHITE, GERALD
501-374-8500
)41.0
120356
RAINEY BEAUTY SHOPPE
915 WRIGHT AVENUE
LITTLE
ROCK,
AR
72206
RAINEY, MARGRET
501-372-2950
)41.0
126605
REFLECTIONS OF ELEGANCE
3210 S BRYANT STREET
•LITTLE
ROCK,
AR
72212
COLE, RICHARD & VICKI
501-954-7545
)41.0
' 13398B
REFLECTIONS SALON
1 CANTRELL ROAD
LITTLE
ROCK,
AR
72223:
SAUGEY, VICKIE
501-868-5851
)41.0
115843
REGIS SALON #341
6000 W MARKHAM STREET #31-LITTLE
ROCK,
AR
72205
MINNESETO REGIS CORPOR
501-664-4777
)41.0
132858
RESURRECTION BOULEVARD
4 400 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
BRAGGS,DELOIS,LAWRENCE
501-537-1550
)41.0
126908
RHONDA'S BEAUTY SALON
6221 COLONEL GLENN ROAD
LITTLE
ROCK;
AR
72204
RHONDA'S BEAUTY SALON
501-225-1642
)41.0
130748
RIGHT TOUCH HAIR SALON
7515 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
REDD, KIZZIE V.
501-562-6604
)41.0
130806
RUSH TO JONES BEAUTY GAL
3222 W 12TH STREET
LITTLE
ROCK,
AR
72204
JONES, BONNIE
501-666-8439
141.0
105439
RUSSELL'S HAIR FASHIONS
5k02 R _ STREE;T
-LITTLE
ROCK,
AR
72207
STREETER,MARY JANE
501-666-6101
)41.0
131746
S.D. GRANDISON HAIR STYL
322 S ROCK STREET_
LITTLE
ROCK,
AR
72202
GRANDISON, SHERRILL
501-375-2724
)41.0
128027
SALON A
JOHN BARROW ROAD #
LITTLE
ROCK,
AR
72204
WILLIAMS, ANTOINETTE
501-225-2817
)41.0
129503
SALON BELLA
3 KAVANAUGH BLVD #S
LITTLE•ROCK,
AR
72205
BOMAR, KIM
501-664-3163
)41.0
136113
SALON BURBANK
15607 CANTRELL ROAD
LITTLE
ROCK,
AR
72223
BARTON, BRENDA
501-367-5000
)41.0
139329
SALON BY FAITH
l
LITTLE
ROCK,
AR
72204
DAVIS SUZANNE
501-541-5686
)41.0
133558
SALON CORDE
IAKAVANAUGH BLVD
LITTLE
ROCK,
AR
72205
SALON CORDE
501-660-4247
)41.0
130921
SALON DEVAL
8201 RANCH BLVD #B6
LITTLE
ROCK,
AR
72223
BYRD, ALAN
501-868-3076
341.0
140616
SALON DKH
6805 W 12TH STREET
LITTLE
ROCK,
AR
72204
STEPHENS SHUNWOLISA
501-296-9500
341.0
140209
SALON EC
7704 CANTRELL ROAD #B
LITTLE
ROCK,
AR
72227
HAYNES ERIC
501-978-3232
341.0
135615
SALON FRISOR MINA
11 LEASANT RIDGE ROAD
LITTLE
ROCK,
AR
72223
ROY FAZILET
501-219-2360
341.0
137732
SALON K
301 N SHACKLEFORD R #C-LITTLE
ROCK,
AR
72211.
PARNELL KATHY
501-954-7472
141.0
138948
SALON LA MARE
11500 N RODNEY PARHAM ROA
LITTLE
ROCK;
AR
72212
THOMAS, TRACEY
501-960-5628
041.0
138702
SALON M.E.
1 OTTER CREEK PARKWAY
LITTLE
ROCK;
AR
72210
MCDONALD, R
501-455-3272
041.0
135325
SALON NOUVEAU
3600 CANTRELL ROAD #102
LITTLE
ROCK;
AR
72202
WEST, LARRY G., JR.
501-663-6643
041.0
132437
SALON HULA & CO.
1 WATT STREET
LITTLE
ROCK,
AR
72227
RUTHERFORD,-FIONNULA T 501-351-6652
041.0
135551
SALON SAVVY
301 S BOWMAN ROAD #110
LITTLE
ROCK,
AR
7221.1
RUPLE, CHRISTY
501-224-9393
D41.0
138017
SALON STUDIO A & CO.
KAVANAUGH BL
LITTLE
ROCK,
AR
72207
LACEWELL, AMBER
501-558-4910
041.0
118878
SALON UNDERGROUND
LITTLE
ROCK;
AR
72205
SNYDER, DANA
501-664-6933
041.0
134197
SALON VORTEX, INC
400 H BOWMAN ROAD #29
LITTLE
ROCK,
AR
72212
TUCKER, PAUL
501-221-1122
D41.0
137772
SALON X-HALE
8500 W MARKHAM STREET
LITTLE
ROCK,
AR
72205
JENKINS, DANYALE N.
501-247-6420
041.0
138414
SALON 8
6614 FORBING ROAD
LITTLE
ROCK,
AR
72209
MONTGOMERY, ANDREA
501-779-5251
041.0
130565
SERENITY SALON
10700 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
ROCKE, SHERRY L.
501-219-0400
041.0
126081
SHAG'S SALON
11220 N RODNEY PARHAM ROA;LITTLE
ROCK,
AR
72212
SHAG'S SALON ATTN: J 501-225-7173
041.0
140285
SHANGRILA SALON
11330 ARCADE DRIVE
LITTLE
ROCK,
AR
72212
HANSEN DENNIS
501-223-3199
041.0
140158
SHEAR ENVI HAIR DESIGNS
6323 COLONEL GLENH ROAD
TTLE
ROCK,
AR
72204
PEASTER TERRICIA
501-416-4582
D41.0
135534
SHEAR ILLUSIONS
8500 W MARKHAM STREET #31
LITTLE
ROCK,
AR
72205
WOFFORD, RHONDA
501-224-2887
D41.0
128964
SHEAR MADNESS
1911 W 2ND STREET
LITTLE
ROCK,
AR
72205
HOOD, CANDY
501-663-3553
D41.0
140821
SHEAR PERFECTION 2 HAIR
5303 14ABELVALE PLM
LITTLE
ROCK,
AR
72209
FRAZIER TONYA
501-565-6320
041.0
113751
SHELLY'S HAIR DESIGN
9 01 N RODNEY PARHAM ROAD LITTLE
ROCK,
AR
72207
ECK, SHELLY
501-225-2169
041.0
131777
SHERRY K. PHILLIPS
NgQ01 W LA HARPE BLVD
LITTLE
ROCK,
AR
72201
PHILLIPS, SHERRY K.
501-228-5245
041.0
129292
SHRETTA'S FAMILY HAIR CA 1 D S WODDROW STREET
LITTLE
ROCK,
AR
72204
MORRIS, SHRETTA
501-396-1486
;CL8329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION *** PAGE 5
)ATE RUN: 04/07/200S ACCOUNT REPORT TIME RUN: 15:29:21
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS O41.0 ONLY
.LASS
ACCNBR
LICENSE NAME
LICENSE ADDRESS
CITY/STATE/ZIP
OWNER NAME
PHONE
)41.0
130507
SIESTA BEAUTY SALON
35DO S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
SIESTA BEAUTY SALON--)
501-565-0240
)41.0
130388
SILHOUETTES HAIR SALON
2207 HIDDEN VALLEY DRIVE
LITTLE
ROCK,
AR
72212
REDDIN, TERRI K
501-224-2477
)41.0
128331
SIMONE BEAUTY & BARBER
120 NISON STREET
LITTLE
ROCK,
AR
72202
GLASON, DENNIS
501-663-4584
)41.0
136169
SKIN BLISS
5018 CLUB ROAD 4105
LITTLE
ROCK,
AR
72207-
WOODARD, TIFFANY
501-960-5566
)41.0
136218
SMARTSTYLE #338
19301 CANTRELL ROAD
LITTLE
ROCK,
AR
72223
MINNESOTA REGIS CORP.
501-868-9895
)41.0
128788
SMARTSTYLE #343
8801 BASELINE ROAD
LITTLE
ROCK,
AR
72209.%
MINNESOTA REGIS CORPOR
612-947-7444
)41.0
139072
SMITH AND SMITH SALON
3721 CANTRELL ROAD
LITTLE
ROCK,
AR
72205 -
SMITH, SAMANTHA
501-603-9171
)41.0
129880
SMOOTH STYLES & CUTS
6320 BASELINE ROAD #E
LITTLE
ROCK,
AR
72209-
GULLEY, KEVIN
501-569-9223
141.0
138622
SOLO
3225 KAVANAUGH BLVD #B
LITTLE
ROCK,
AR
72205
ENGLAND, DUSTY
501-614-7656
141.0
136395
SOPHISTICATED CUTS
'(6 &XLLQ W _GLfuu 0AD
LITTLE
ROCK,
AR
72204
-HARRIS, SANTOSHA & MAR
501-952-4863
)41.0
136772
SOUL SERENITY SALON AND
8201 COLONEL GL
LITTLE
ROCK,
AR
72214
JACKSON, JENNIFER
501-570-9922
)41.0
132735
SPARKLES SAME EFFECT DIF
16 W 12TH STREET
LITTLE
ROCK,
AR
72204.-
PICKETT, TABITHA S.
501-663-0855
)41.0
135901
SPORT CLIPS
2800 CHENAL PARKWAY #5
LITTLE
ROCK,
AR
72211"
RICHBURG, SCOTT
501-225-2220
)41.0
112464
STAR PERFORMANCE BEAUTY
1820 W 13TH STREET
LITTLE
ROCK,
AR
72202
MITCHELL; RANDAL & DEM
501-372-9489
)41.0
133315
STEPHANIE'S HAIR SALON
3102 W MARKHAM STREET
LITTLE
ROCK,
AR
72205-
SIMS, STEPHANIE
501-280-9778
141.0
131967
STUDIO A, INC.
117DI INTERSTATE 30
LITTLE
ROCK,
AR
72209
FARNAM, ANJELA
501-568-0047
141.0
122241
STUDIO JONATHAN KENT
240 S SHACKLEFORD ROAD
LITTLE
ROCK,
AR
7221-1
GILLESPIE, F.S. & SWAI
501-228-0100
141.0
134434
STUDIO STYLES
6227 COLONEL GLENN ROAD it
LITTLE
ROCK,
AR
72204•
TAYLOR, LEE
501-565-6665
141.0
137462
STUDIO 6805
6805 W 1ZTH STREET #H
TTLE
ROCK,
AR
72204 •
'HICKS, AUNDRIA
501-907-6805
141.0
132913
STYLE MASTER BARBER & BE
741V'BASELINE ROAD
LITTLE
ROCK,
AR
72209:
JENKINS, TIMOTHY & BAR
501-568-6621
141.0
133B78
STYLE 4 YOU
1615 MAIN STREET
LITTLE
ROCK,
AR
72206
HUBBARD, DEBRA
501-374-4174
141.0
140064
T.DUKE SALON
824 W 7TH STREET #102
LITTLE
ROCK,
AR
72201•
DUKE TAMI"
501-952-7590
141.0
139659
TAILGATERS SALON'LLC
ACO VE #[35
LITTLE
ROCK,
AR
72211.
HENDERSON DARREN
501-246-0535
141.0
132457
TAMMY'S HAIR CARE
LITTLE
ROCK,
AR
72205-.
WILKERSON, TAMARA
501-227-7735
141.0
118628
THAT FRENCH SALON
LITTLE
ROCK,
AR
72211
PIPKIN, BRIGITTE/PIPKI
501-224-3075
141.0
132232
THE ASPEN HAIR DESIGNERS
5412 BASELINE ROAD
LITTLE
ROCK,
AR
72209
'JACKSON, BEVERLY
501-565-2694
141.0
139310
THE HEALING HANDS OF ARK
TLE
ROCK,
AR
72205.•
SUGGS TAMEKA AND ARTHU
501-563-3021
141.0
135038
THIS LITTLE PIGGY
5
LITTLE
ROCK,
AR
72207
BLATY, LYDIA
501-580-2232
141.0
139874
TIFFANIE'S HAIR STUDIO
OP JOHN SRRROW ROAD #;B
LITTLE
ROCK,
AR
72204
TRICE TIFFANIE
501-219-4255
141.0
136199
TOP NOTCH BARBER AND STY
76 WESTMINI5TER DRILITTLE
ROCK,
AR
72209
VESTER, COURTNEY D.
501-570-7995
141.0
130490
TOUCH OF YOUTH BEAUTY SA
1918 5n9grRCE STREET
LITTLE
ROCK,
AR
72206
-ELLIS, MABLE L.
501-376-2403
141.0
129448
TOUCHED BY GOD'S ANGELS
3205 ASHER AVENUE
LITTLE
ROCK,
AR
72204
BRITTON, NIKITA
501-296-9422
141.0
108908
TRANSITIONS SALON
11220 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
FORTSON, BEVERLY
501-224-4199
141.0
138362
TRINA'S BEAUTIRAMA BARBE
4605 ASHER AVENUE
LITTLE
ROCK,
AR
72204
SYKES, TRINA
501-664-8342
141.0
132114
TRU SERENITY TOO
3221 JOHN BARROW ROAD #E
LITTLE
ROCK,
AR
72204
WATKINS, HAROLD
501-244-990T
141.0
138172
TURNING HEADS
1308 S BOWMAN ROAD
LITTLE
ROCK,
AR
72211
ALMOND, JEAN
501-225-4884
141.0
137016
U DIVA'S HAIR STUDIO
6904 GEYER SPRINGS ROAD
LITTLE
ROCK,
AR
72209
NELSON, LOR1
501-565-8222
141.0
126310
U S NAILS & HAIR,INC
11321 W MARKHAM STREET #5
LITTLE
ROCK,
AR
72211
US NAILS & HAIR, INC
501-568-8001
141.0
125408
ULTRA -CUTS
1400 S UNIVERSITY AVENUE
LITTLE
ROCK,
AR
72204
JOHNSON, GELETTA
501-562-3349
41.0
139968
UNIQUE NAILS & HAIR SALO
LITTLE
ROCK,
AR
72210
"VIXAY KOSENG
501-455-2276
141.0
140492
UNIQUE STYLES & FADES
4727 BASELINE ROAD
LITTLE
ROCK,
AR
72209•:
BUTLER CHARLOTTE
501-565-3317
141.0
106091
URCELLA'S BEAUTY SHOP
1509 W DAISY L GATSON AT
LITTLE
ROCK,
AR
72206'
DUNBAR, URCELLA
501-372-6220
41.0
120143
VANCE HAIR SALON
4617 S KATILLUS ROAD
LITTLE
ROCK,
AR
72212
VANCE, L.D.& SHELLEY
870-685-0185
141.0
130110
VIRTUOUS TOP NOTCH SALON
6904 GEYER SPRINGS ROAD #
LITTLE
ROCK,
AR
72209
CROSSLIN, VERA
501-240-1563
141.0
130377
VISION 2000 HAIR SALON &
3900 JOHN BARROW ROAD #2
LITTLE
ROCK,
AR
72204
ALBERTA D WILSON
501-562-7500
141.0
106542
WORLD OF KURLS BEAUTY SA
2300 S BROADWAY STREET
LITTLE
ROCK,
AR
72206
EUBANKS, VIOLA
501-372-9341
141.0
100394
WORREN'S SALON
601 SEECHWOOD STREET
LITTLE
ROCK,
AR
72205
KISSIRE, WORREN
501-664-2828
,41.0
135644
XQUISITE
5128 MAB
LITTLE
ROCK,
AR
72203
BROWN, EYVETTE
501-565-0751
41.0
140273
YVONNE HEAD SALON
11500 N RODNEY PARHAM RDA
LITTLE
ROCK,
AR
72212
HEAD,YVONNE
501-223-5333
�41.0
133174
Z-SALON & GALLERY
4219 BARRETT ROAM
ROLAND,
AR
72135
HORSEY, MICHELE
501-868-9392
41.0
137094
1ST CHOICE HAIR DESIGN
2505 W 12TH STREET
LITTLE
ROCK,
AR
72202 +
REECE, CHERRILYNN
501-371-4300
41.0
127560
2121 THE COLOR SALON, IN
8214 CANTRELL ROAD
LITTLE
ROCK,
AR
72211
JOHNSON, JENNIFER
501-219-1086
41.0
136553
4TH DIMINSION
4701 BASELINE ROAD
LITTLE
ROCK,
AR
72209
SABB, LASHONDA, P.
501-562-7933
CLB329) *** CITY OF LITTLE ROCK - TREASURY MANAGEMENT DIVISION-***
ATE RUN: 04/07/200B ACCOUNT REPORT
OPEN ACCOUNTS ONLY
SORTED BY LICENSE NAME WITHIN CLASS
REQUESTED CLASS O41.0 ONLY
LASS ACCNBR
41.0E 136895
41.OINV 112213
41.OINV 110805
LICENSE NAME
GRACE FACIAL OASIS
OINEEL CLINIC, THE
SUPERCUTS
**** TOTAL : 267
PAGE 6
TIME RUN: 15:29:21
LICENSE ADDRESS CITY/STATE/ZIP OWNER NAME PHONE
11500 N RODNEY PARHAM ROA LITTLE ROCK, AR 72212- MITCHELL, BARBARA, C 501-228-2244
10020 N RODNEY PARHAM ROA LITTLE ROCK, AR 72207 O'NEEL, BILLIE 501-223-3237
10700 N RODNEY PARHAM RDA LITTLE ROCK, AR 72212 HALEY B ASSOCIATES 501-225-0571
City of Little Rock
Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6663
April 29, 2008
Niswanger Law Firm PLC
Attn.: Alexander Cale Block
#5 Innwood Circle, Suite 110
Little Rock, AR 72211
Re: FOIA Request received April 22, 2008
Dear Mr. Block:
Planning
Zoning and
Subdivision
Enclosed is the zoning information that you requested in your letter dated April 21, 2008
addressed to our Zoning Office. The zoning designation for each property is indicated
for each address listed.
If you have any additional questions concerning this request, please contact Kenny Scott
at 371-6829.
Sincerely, 4
Tony B❑ ski, Di ector
Planning and Deve opment
cc: Kenny Scott
Enclosures
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723 West Markham Street Zoning and
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Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863 Subdivision
April 29, 2008
Niswanger Law Firm PLC
Attn.: Alexander Cale Block
#5 Innwood Circle, Suite 110
Little Rock, AR 72211
Re: FOIA Request received April 22, 2008
Dear Mr. Block:
Enclosed is the zoning information that you requested in your letter dated April 21, 2008
addressed to our Zoning Office. The zoning designation for each property is indicated
for each address listed.
If you have any additional questions concerning this request, please contact Kenny Scott
at 371-6829.
Sincerely,
4
Tony Bo nski, Di ector
Planning and Deve opment
TB:aa
cc: Kenny Scott
Enclosures
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IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
THIRD DIVISION
KIMBERLY MENSIE PETITIONER
VS. CASE NO. CV-2008-2694
CITY OF LITTLE ROCK and
CITY OF LITTLE ROCK
BOARD OF ADJUSTMENT RESPONDENTS
RESPONDENTS' APPEAL BRIEF
Introduction and Factual Background
On October 4, 2007, Petitioner submitted an Application for Business License to the
Treasury Management Division of the City of Little Rock ("City"). Petitioner described her
business, which could be operated out of her residence, as "nail art and nail tutoring limited to 2
students at a time." See Exhibit "C" to the Record of the Proceedings and Notice of
Administrative Appeal. The application was denied because City staff viewed the proposed use
as a beauty shop/salon-type use, which is expressly prohibited as a home occupation pursuant to
the City's zoning ordinances.
Petitioner appealed the denial of the application to the City of Little Rock Board of
Adjustment. The appeal was heard by the Board of Adjustment on February 25, 2008. A
certified copy of the minutes of the Board of Adjustment meeting is attached to the Record of the
Proceedings and Notice of Administrative Appeal as Exhibit "A". The Board of Adjustment
unanimously denied Petitioner's appeal. Petitioner then brought this action pursuant to Ark.
Code Ann. § 14-56-425.
Argument
Ark. Code Ann. § 14-56-425 provides for appeals from decisions of municipal boards of
zoning adjustment. Carmical v. McAfee, 68 Ark. App. 313, 7 S.W.3d 350 (1999). Ark. Code
Ann, § 14-56-425 provides that the review by the circuit court is de novo. A review of the
applicable City zoning ordinances, as applied to the facts of this case, clearly shows that
Petitioner's proposed home occupation is not permitted by the City's zoning ordinances and that
the decision of the Board of Adjustment should be affirmed.
Petitioner sought a business license from the City of Little Rock to perform nail art and
nail tutoring at 310 North Van Buren Street. After City staff reviewed the application, the
application was denied because the proposed use did not comply with the City's zoning
ordinance. As Petitioner states in the opening paragraph of her appeal brief, if the business
license had been granted, it would have implicitly recognized Petitioners right to perform within
her home the occupation of "nail art, sculpturing and tutoring."
"Home occupation" is a defined term pursuant to the City's Zoning Code. Little Rock
Code ("LRC") § 36-2 defines "home occupation" as follows:
Home occupation means an accessory use of a dwelling that shall constitute either
partially or entirely the livelihood of a person living in the dwelling. Such use
shall in every respect be subordinate to the principal use as a single-family
residence. These accessory uses shall be subject to the accessory use permit
provisions of the various districts.
A certified copy of LRC § 36-2 is attached hereto as Exhibit "A".
Petitioner's property is zoned R-3. The uses of property within the R-3 zoning
classification are regulated by LRC § 36-255, a certified copy of which is attached hereto as
Exhibit `B". Pursuant to LRC § 36-255, permitted home occupation uses are the same as those
set forth in the R-1 districts. R-1 Single Family Districts are regulated by LRC § 36-253, a
certified copy of which is attached hereto as Exhibit "C". Home occupations are specifically
addressed by LRC § 36-253(b)(6). The explicit language of LRC § 36-253(b)(6) prohibits
barbershops and beauty shops as home occupations.
-2-
"Barber or beauty shop" is also a defined term pursuant to the City's Zoning Code. LRC
§ 36-3 provides "Barber or beauty shop means a facility licensed by the state where hair cutting,
hair dressing, shaving, trimming beards, facials, manicures or related services are performed."
A certified copy of LRC § 36-3 is attached hereto as Exhibit "W.
There are two areas to address with regard to whether a use falls within the definition of
barber or beauty shop: (1) does it require licensing by the state; and (2) what is the nature of the
services performed. Petitioner's business requires licensing by the state. During the hearing
before the Board of Adjustment, Petitioner was asked by the Chairman of the Board of
Adjustment if her use required licensing by the State and Petitioner responded that it did. See
Exhibit "A" to the Record of the Proceedings and Notice of Administrative Appeal.
With respect to the second part of the analysis, it must be determined whether the
proposed facility will perform "hair cutting, hair dressing, shaving, trimming beards, facials,
manicures or related services." As Petitioner's attorney stated in his email to the City's zoning
department staff, which is included in the record of the proceedings that was filed by Petitioner,
"All Kimmie proposes under the business license application is to do pedicures and manicures —
which is painting and sculpting." See Exhibit "A" to the Record of Proceedings and Notice of
Appeal. Similarly, on page 4 of her brief to this Court, Petitioner states, "All Petitioner proposes
under the business license application is to do pedicures and manicures — which is painting and
sculpturing. She will not be operating a beauty salon out of her house."
It is important to note that the City's code uses the term "or," not "and' in defining what
constitutes a beauty shop. A business does not have to perform all of the services listed in the
definition in order to fall within the definition of a beauty shop. Rather, if a business performs
-3-
any of the services listed in the definition, it is a beauty shop as defined by the City's zoning
code and is not allowed as a home occupation.
It is Petitioner's position that the proposed home occupation is permitted under the
portion of LRC § 36-253(b) that provides "painting, sculpturing or writing (artistic endeavors)"
and "tutoring limited to two (2) students at a time" are allowable home occupations. As
Petitioner states in her appeal brief, zoning ordinances are strictly construed in favor of the
property owner because they are in derogation of the common law. Blundell v. City of West
Helena, 258 Ask. 123, 522 S.W.2d 661 (1975). "However, although zoning ordinances must be
strictly construed in favor of the property owner, this rule does not compel a contrived result
when common sense points elsewhere." Carmical v. McAfee, 68 Ask. App. 313, 323, 7 S.W.3d
350, 357 (1999), citing Tillery v. Meadows Construction Co., 284 Ark. 241, 681 S.W.3d 295
(1999). See also, Rolling Pines Ltd. Partnership v. City of Little Rock, 73 Ark. App. 97, 102, 40
S.W.3d 828, 832 (2001). Petitioner's proposed business is clearly the business of performing
manicures and pedicures. Petitioner's position that her proposed business is really nothing more
than painting and sculpturing requires the suspension of common sense and would compel a
contrived result. Such a construction would be contrary to the principle that courts should "avoid
resorting to a subtle or forced construction for the purpose of limiting or extending the meaning
of a statute." Rolling Pines, 73 Ark. App. at 102, 40 S.W.3d at 832.
When well established rules of statutory construction are applied, it is clear that
Petitioner's proposed home occupation is not allowed under the City's Zoning Code. The same
rules of statutory construction that apply to statutes also apply to zoning ordinances. Id., See
also, Tillery, 284 Ark. at 243, 681 S.W.2d at 332.
The basic rule of statutory construction is to give effect to the intent of the
General Assembly. The first rule in determining the meaning of a statute is to
-4-
construe it just as it reads, giving the words their ordinary and usually accepted
meaning in common language. This court will construe a statute so that no word
is left void, superfluous or insignificant, with meaning and effect given to every
word in the statute if possible. When the language of the statute is plain and
unambiguous, conveying a clear and definite meaning, we need not resort to the
rules of statutory construction.
Office of Child Support Enforcement v. Wood, --- Ark. ---, --- S.W.3d ---, 2008 WL 2286536
(2008) (internal citations omitted). It is the City's position that the language in LRC § 36-253
and LRC § 36-3 is not ambiguous. LRC § 36-253 specifically and unambiguously prohibits
beauty shops as a permissible home occupation and § 36-3 specifically and unambiguously
provides that a beauty shop is a facility licensed by the state where manicures are performed.
Accordingly, Petitioner's home occupation is prohibited and the Board of Adjustment correctly
affirmed City staff s decision denying Petitioner a business permit.
Even if the Court were to find that the terms "painting" and "sculpturing," which are
permitted home occupations, are ambiguous, application of statutory construction rules still
favors the City's position in this case. It appears to be Petitioner's position that the terms
painting and sculpturing should apply to Petitioner's "nail art." It is the City's position that those
terms should be given their usual meaning and do not include painting and sculpturing of nails.
"Ambiguity occurs only if the statute is open to two or more constructions, or where it is
of such obscure of doubtful meaning that reasonable minds might disagree or be uncertain as to
its meaning." Fountain v. State, --- Ark. App. ---, --- S.W.3d ---, 2008 WL 2440005 (2008). If
the Court finds that the meaning of painting and sculpturing is not clear, the following rule of
construction applies:
When the meaning is not clear, the appellate court looks to the language of the
statute, the subject matter, the object to be accomplished, the purpose to be
served, the remedy provided, the legislative history, and other appropriate means
that shed light on the subject ... Our review includes an examination of the whole
act and a reconciliation of all provisions to make them consistent, harmonious,
-5-
and sensible in an effort to give effect to every part ... All statutes relevant to the
subject matter will be construed, and the meaning of an act will be derived from a
holistic reading.
Id. (internal quotations and citations omitted). In order to give effect to every part of § 36-253,
the only reasonable interpretation is to find that Petitioner's proposed business is not a permitted
home occupation. When the entire ordinance is read together with LRC § 36-3, it is clear that
the City Board of Directors intended, by defining "beauty shop" to include businesses providing
manicures, to exclude the type of business proposed by Petitioner as a home occupation.
According to the minutes of the Board of Adjustment meeting, City staff stated that, to
their knowledge, no beauty shop -type uses have been allowed as home occupations in the past.
See Exhibit "A" to the Record of Proceedings and Notice of Appeal. Petitioner alleges on pages
4 and 5 of her appeal brief that in response to a Freedom of Information Act request, the City
stated "that no individuals in the City perform nail art and sculpting (i.e., manicures and
pedicures) in their homes and/or operate in facilities zoned residential. See Letter attached
hereto as Exhibit 2." Petitioner misstates the contents of the letter attached to her brief as Exhibit
2. The letter is addressed to Plaintiffs counsel from Tony Bozynski, Director of the City's
Planning and Development Department. The body of the letter states in its entirety: "Enclosed
is the zoning information that you requested in your letter dated April 21, 2008 addressed to our
Zoning Office. The zoning designation for each property is indicated for each address listed. If
you have any additional questions concerning this request, please contact Kenny Scott at 371-
6829." The actual contents of the letter certainly do not support Petitioner's contention that the
City has informed Petitioner that no individuals in the City perform manicures and pedicures in
their homes or operate such businesses on residentially zoned property.
Petitioner goes on to allege that the City has been untruthful. Petitioner asserts that
Exhibit 3 to her appeal brief shows that there are several licensed manicurists and beauty salons
who are operating, or who operated, in residential or other "nonconforming" zoning areas.
Again, it is not, and has never been, the City's position that there are no manicurists or beauty
salons operating in residentially zoned areas. It is the City's position that the City has not
allowed any manicurists or beauty shops as home occupations in single family residential zoned
property.
Exhibit 3 consists of a cover letter and a 14 page document containing the name, address
and zoning status of 93 manicurists and beauty operators within the City of Little Rock.
Petitioner has applied for a business license for a home occupation on property zoned R-3 Single
Family. Of the 93 businesses listed on Petitioner's Exhibit 3, five are located within a residential
single family zone. All of those five locations are zoned R-2 Single Family. They include Final
Touch Beauty Salon, Hall's Beauty Shop, Martha's Beauty Salon, Top Notch Barber and Vance
Hair Salon. Each and every one of these businesses is shown on Exhibit 3 to be a
nonconforming use.
While Petitioner's appeal brief indicates that there are beauty salons and manicurists
located in nonconforming zoning areas, there really is not, pursuant to the City's zoning
ordinances, such a thing as a nonconforming zoning area. Rather, the City's zoning ordinances
make provisions for nonconforming uses. LRC § 36-2 defines a nonconforming use as "any use
lawfully being made of any land, building or structure, on the effective date of this chapter, as
amended, which does not comply with all the regulations of this chapter governing use for the
zoning district in which such land, building or structure is located." Pursuant to LRC §§ 36-151
— 36-153, a certified copy of which is attached hereto as Exhibit "E," the City has provided that a
-7-
nonconforming use that legally existed prior to the adoption or the zoning code, or which has
been rendered nonconforming by the provisions of the zoning code, may continue to be utilized
in the same fashion as existed prior to the adoption of the zoning code, subject to certain
restrictions.
Simply stated, if property owner has been legally utilizing his property for a particular
use, but because of the provisions of the Zoning Code, the use becomes no longer permissible,
that use is a nonconforming use that, by ordinance, may be continued as long as the use is not
expanded, changed, abandoned or discontinued. The five beauty salons or manicurists located
within residential single family zoning identified in Petitioner's Exhibit 3 are all uses that were
originally permitted as a lawful use at their locations that were later rendered nonconforming by
the provisions of the Zoning Code. The salons are therefore allowed to continue their use
pursuant to the provisions of LRC §§ 36-151— 36-153.
The five salons or manicurists that are presently allowed to operate in single family
residentially zoned property have absolutely no relevance to the issues before the Court on this
appeal. Each of those uses is a nonconforming use that was originally a lawful use at its location
and is allowed to continue operation pursuant to the City's ordinances governing nonconforming
uses. Furthermore, none of those businesses are located in a home. See the affidavit of Tony
Bozynski, attached hereto as Exhibit "F". Petitioner is seeking to establish a new use in her
home as a home occupation. The proposed use as a home occupation is expressly prohibited by
the City's Zoning Code.
Conclusion
Petitioner applied for a business license to perform manicures and pedicures as a home
occupation at 310 North Van Buren Street. The application was denied because of City staffs
determination that the proposed use was not permitted as a home occupation. Petitioner
appealed staff s determination to the Board of Adjustment, which upheld staff s determination.
As set forth herein, the City's zoning ordinances do not allow barber or beauty shops are home
occupations. Petitioner's proposed home occupation is performing manicures and pedicures. A
beauty shop is a defined term that includes the performance of manicures and related services.
Because the proposed home occupation is specifically prohibited by City ordinance, the City
respectfully submits that the Court should deny Petitioner's appeal and affirm the decision of the
Board of Adjustment.
Respectfully Submitted:
Thomas M. Carpenter
City Attorney
By:
Amy Beckm re s (89058)
Deputy City Attorney
City Hall — Suite 310
500 West Markham
Little Rock, AR 72201
(501) 371-4527
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon Stephen B.
Niswanger, Niswanger Law Firm PLC, #5 Innwood Circle, Suite 110, Little Rock, Arkansas,
72211, by placing the same in h U.S. Mail, postage prepaid, ancL via email to
Steve a@,niswanerlawfirm.com, this �'-day of September, 2008.
Amy B ecle ds
S�
I RL
City of Little Rock
Office of the City Han - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATION OF A SECTION OF THE CODE OF ORDINANCES
CERTIFICATION
STATE OFARKANSAS }
COUNTY OFPULASKI }
CITY OF LITTLE ROCK }
1, Nataki S. Blocker, Assistant City Clerk, 'within and for the City aforesaid, do hereby
certify that the foregoing is a true and correct copy of the Little Rock City Code - Chapter 36
(Zoning) Article I (General) Section 2 (Definitions --Generally), as adopted by Code 1961, Ch.
43, § 2-102(a), (b); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § In, uu, xx, 9-20-88; Ord.
No. 15,571, § li, 11-1-88; Ord. No. 15,615, § la, 1-3-89; Ord. No. 15,832, § lb, 4-3-90; Ord,
No.. 15,841, § 1, 4-17-90; Ord. No. 16,341, § 1(t), (x), (bb), (ee), 1-19-93; Ord. No. 16,861, §
1(o), (aa), 3-21-95; Ord. No. 18,228, § 2, 3-7-00; Ord. No. 18,324, § 1(c), (z), 8-1-00; Ord. No.
19,052', § 1, 2-3-04;, Ord. No. 19,395, § 1(a), 9-6-05, of the Board of Directors of the said City,
and amendments thereto, as remains on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of Office on this 10"
day of September 2008.
11``t``,` G'l ; r i rC ,fin rrf`fr'
AIVSPS
"'05 r 11 r ry11j5<<`�
NBc-W
, Assistant City Clerk
City of Little Rock, Arkansas
EXHIBIT
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See.36-2. Definitions --Generally.
Words in the text or tables of this chapter shall be interpreted in accordance with the provisions
set forth in this section and section 36-3. Where words have not been defined, the standard
dictionary definition shall prevail. In any case, the planning director or his designated agent shall
have the right to interpret the definition of the word.
Abutting means having property or district lines in common. Since zoning district lines fall to
the centerline of a street, alley or waterways, lots which appear physically separated abut at the
district line.
Access means the way or means by which a piece of property is approached or entered.
Accessory building or use means a building or use which:
(1) Is located on the same zoning lot as the principal building or principal use;
(2) Serves the principal building or principal use;
(3) In other than a residentially -zoned district, is subordinate in area, extent or purpose to the
principal building or principal use served. Accessory structures in residentially -zoned districts
shall be subordinate in area, extent and purpose to the principal building and residential use; and
(4) Contributes to the comfort, convenience or necessity of occupants of the principal building
or principal use.
Accessory dwelling means a self-contained living unit in a detached structure subordinate in
both land coverage and gross floor area to the principal dwelling on the lot. Such accessory
dwellings shall comply with the bulk and area provisions of sections 36-156 and 36-252.
Addition means any construction which increases the size of a building such as a porch, attached
garage or carport, or a new room or wing.
Alley means a permanent public service way which affords only a secondary means of access to
abutting property.
Authorized agent means a person authorized by the landowner to act in his behalf.
Basement means a story partly underground and having at least one-half its height above the
average level of the adjoining ground. A basement shall be counted as a story if subdivided and
used for dwelling or business purposes.
Buffer, land use means a device in the form of a strip of land lying parallel and adjacent to a
property line common to a dissimilar use of a more restrictive nature. The plantings, existing and
proposed, shall be as provided within the landscape ordinance of the city, section 15-81 et seq.
The purpose of this buffer is to provide for minimum livability and maximum required visual
screening and physical separation of uses of a dissimilar nature.
Buffer, street means a device in the form of a strip of land lying parallel and adjacent to a public
street right-of-way. The plantings, existing and proposed, shall be as provided within the
landscape ordinance of the city, section 15-81 et seq. The purpose of this buffer is to provide for
minimum livability, a separation of the traffic movements, both on and off the site, and a visual
screening and spatial separation of certain uses and/or activities from the public right-of-way.
Buildable area means the space remaining for construction on a lot after the minimum area
requirements (yards, setbacks, coverage) have been met.
Building means a constructed edifice designed to stand more or less permanently, covering a
space of land, covered by a roof and enclosed by walls, and serving as a shelter for the intended
occupancy. For the purposes of this definition, all porches, carports, patios or other similar
attachments to a building shall be deemed to be a part of the building.
Building, attached means a building which shares a continuous wall, roof, floor or other
structural element with other adjacent building.
Building, detached means a building having no wall, roof, floor or other structural element in
common with another building.
Building, enclosed means a structure which by design and construction provides a solid roof,
and walls on all sides.
Building facade means the area of a single building elevation which encompasses all of such
elevation from ground or grade level to the top, and from one (1) side to the other side of the
building.
Building height means the vertical distance as measured through the central axis of the building
from the elevation of the lowest finished floor level to the highest point of ceiling of the top story
in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or a gambrel roof. This definition shall not be deemed to
include church steeples, bell towers, antennas, chimneys, or other similar structural
embellishments.
Building lines means a line, usually fixed parallel to a lot line, beyond which a building cannot
extend under the terms of the zoning ordinance. It is equivalent to the setback or yard line.
Building, nonconforming means an existing building which fails to comply with the regulations
(for height, size, areas, yards and location) set forth in this chapter applicable to the district in
which this building is located.
Building, principal means a building in which is conducted the main or principal use of the lot
on which the building is situated.
Build -to -line means the line where the exterior facade of a building is to be located excluding
any projections.
Certificate of occupancy means official certification that a premises conforms to provisions of
the zoning ordinance (and building code) and may be used or occupied. Such a certificate is
granted for new construction or for alteration or additions to existing structures. Unless a
certificate is issued, a structure cannot be occupied.
Commercial surface parking lot means a surface parking lot, which has spaces for lease or sale
on an hourly, daily, monthly or annual basis.
Commercial vehicle means any bus, trailer, van, truck, tractor other vehicle and/or trailer which
has a current license and safety inspection, the purposes of which are the transport of people,
merchandise, the moving of furniture or other goods, hauling or towing of equipment or other
vehicles. This definition shall include backhoes, bulldozers or other wheeled or tracked vehicles
engaged in construction or land development occurring off -site, whether or not properly
licensed.
City means the City of Little Rock, Arkansas.
Commission means the Little Rock Planning Commission.
Common usable open space means that portion of land or an area of water or a combination of
land and water within the site designated for a planned unit development and designed and
intended for use and enjoyment of residents and owners of the planned unit development, and
easily accessible to all the residents. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment of
residents and owners of the planned unit development, but shall not include parking lots, streets
and other areas designed primarily for other than common recreational or open space use.
Conditional use means a use permitted in zones where they are specifically listed as conditional
uses and are subject to special conditions as determined by the planning commission as outlined
in this chapter.
Cotner lot means a lot located at the intersection of two (2) streets not sharing the common
centerline.
County means Pulaski County, Arkansas.
Drive -through means an establishment which by design of physical facilities or by the type of
service offered, the customer conducts business from a motor vehicle.
Dwelling, attached means adjoining dwelling units, each of which is separated from the others
by one (1) or more unpierced common walls extending from ground to roof.
Dwelling, multiple family means a dwelling designed for or occupied by more than two (2)
families.
Dwelling, single-family detached means a dwelling designed for and occupied by not more than
one (1) family.
Dwelling, two-family means a building designed for and occupied by not more than two (2)
families in separate dwelling units, living independent of each other.
Dwelling or dwelling unit means any room or group of rooms located within a structure
forming a single habitable unit with facilities which are used or intended to be used for living,
sleeping, cooking, eating and sanitation by one (1) family.
Easement means a right-of-way or parcel of land specified or set aside for a specific use,
normally used for access, utilities, and other public or private usages given by the owner of land
to another party.
Eave means the weather -protective overhanging lower edge of a roof.
Family means, in addition to customary domestic servants, the following:
(1) An individual or two (2) or more persons related by blood, marriage or adoption,
maintaining a common household in a dwelling unit; or
(2) A group of not more than four (4) persons who are not related by blood, marriage or
adoption, living together as a common household in a dwelling unit.
This definition of family is established for the purpose of preserving the character of residential
neighborhoods by controlling population density, noise disturbance and traffic congestion, and
shall not be applied so as to prevent the city from making reasonable accommodation where the
city determines it necessary to afford handicapped persons living together in a household equal
access to housing pursuant to the federal Fair Housing Amendments Act of 1988.
Fence, height means the vertical measurement of a fence from the finished yard grade at the
bottom of a fence to the top line or edge of the fence. Fence posts or columns may be erected to a
height not to exceed two (2) feet above the allowable fence height, provided the columns or posts
do not exceed twenty-four (24) inches in width and the spacing between columns or posts is not
less than eight (8) feet. For purposes of fences erected upon any wall, the height shall include the
vertical dimension of the wall.
Fence, opaque means a manmade barrier constructed to provide privacy and visual separation
between dissimilar uses. Such fences shall be impervious to rays of visible light.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the
federal insurance administration, where the areas within the boundaries of special flood hazards
have been designated as zone A.
Flood insurance rate map (FIRM) means an official map of a community, on which the federal
insurance administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
Flood insurance study means the official report provided by the federal insurance
administration. The report contains flood profiles, the water surface elevation of the base flood,
as well as the flood hazard boundary-floodway map.
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.
Floor area means the total area of all floors of a building measured to the outside surfaces of
exterior walls and including halls, stairways, elevator shafts, attached garages, porches and
balconies.
Greenhouse means a building or structure, temporary or permanent, that provides a controlled
environment for the placement of plants for sale, the planting and raising of plants or the display
of plants for education, entertainment or artistic endeavor.
Gross acreage means the total acreage of the proposed development including areas designated
for internal streets and other public facilities.
Gross leasable area means the revenue -producing portion of a structure.
Home occupation means an accessory use of a dwelling that shall constitute either partially or
entirely the livelihood of a person living in the dwelling. Such use shall in every respect be
subordinate to the principal use as a single-family residence. These accessory uses shall be
subject to the accessory use permit provisions of the various districts.
Load carrying capacity means the total weight of all cargo, mechanical equipment, housings or
other appurtenances; erected, mounted or otherwise affixed to a vehicle above or outside of the
primary vehicle frame or chassis.
Loading space (off-street) means an unobstructed, hard -surfaced area no part of which is located
in any street or public right-of-way and the principal use of which is for the standing, loading or
unloading of trucks and trailers.
Lot means a parcel of land legally defined in a recorded deed or a recorded plat, fronting on a
public dedicated right-of-way or other approved private drive. The lot shall establish one (1)
building site and comply with chapter 31.
Lot area means the total horizontal area included within the lot.
Lot coverage means the percentage of lot area occupied by the ground area of principal and
accessory buildings on such lot.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line, or
the distance between the midpoint of the front lot and the midpoint of the rear lot line.
Lot, double frontage means a lot having frontage on two (2) nonintersecting streets.
Lot, interior means a lot other than a corner lot.
Lot line, front means the property boundary line that runs common with and adjacent to a street
frontage or right-of-way separating such lot from such street; in the case of a double frontage lot
or a corner lot, each line separating such lot from the street shall be considered a front lot line.
For purposes of the front yard requirements established by this chapter, only one (1) street front
yard setback shall be required unless it is specifically stated in the district provisions that a front
yard setback is required for all street frontages.
Lot line, rear means that property boundary line which is generally parallel to and most distance
from the front lot line of the lot.
Lot line, side means a property line which in most instances connects the front and rear property
lines and may consist of a single line or bearing or may take the form of a curve or compound
alignment. All property lines shall be considered side lot lines except for the required street front
or rear lines.
Lot lines means the property boundary lines.
Lot of record means a parcel of land that is a lot in a subdivision recorded on the records of the
county recorder's office, or that is described by a metes and bounds description which has been
so recorded prior to the subdivision regulations in effect, or lots exempt from those regulations.
Lot width means the mean horizontal distance between the side lot lines of a lot measured at
right angles to the depth; measurements shall be made at the front building line.
Natural state is the condition of a land area which is intended to remain undisturbed including
topography, trees and vegetation. Enhancements such as landscaping, replacement of underbrush
and other treatments may be made if approved as part of a site development plan.
Nonconforming building or structure means any building or structure lawfully existing on the
effective date of this chapter, as amended, which does not comply with all of the regulations of
this chapter for governing parking, or bulk and area requirements for the zoning district in which
such building or structure is located; provided, however, any building containing more than one
(1) dwelling unit in addition to the number permitted by the district regulations in the district
where it is located shall be deemed to be a nonconforming use rather than a nonconforming
building.
Nonconforming use means any use lawfully being made of any land, building or structure, on
the effective date of this chapter, as amended, which does not comply with all the regulations of
this chapter governing use for the zoning district in which such land, building or structure is
located.
Off -site means a circumstance whereby a tract of land is physically separated from another by
the intervention of a public street, alley or an unrelated ownership.
Parking means the act of or a state wherein motion has completely ceased. The vehicle
involved, whether trailer or self-propelled, has been disconnected from its power source or the
engine has been turned off; the driver or operator has left the vehicle unattended.
Parking lot means any area subject to wheeled traffic including access areas used for parking,
except for single-family or two-family development.
Parking space, off-street means a space for the parking of a motor -driven vehicle within a
parking lot and having a permanent means of access to a street right-of-way without requiring
passage through another parking space. Such space shall meet all dimension and angle criteria in
article VIII of this chapter.
Pedestrian 'urban' oriented means a development pattern designed at a human (pedestrian) scale
and orientation. This includes provision of visual items of interest for the pedestrian;window
displays, streetscape amenities.
Plan means a fully dimensioned drawing which illustrates in detail all elements of a
development proposal including, but not limited to, property lines, streets, easements, structural
elements and landscaping. A plan is prepared by a registered land surveyor, architect or engineer,
appropriately certified.
Plan, final means a fully dimensioned drawing which illustrates in detail all elements of a
development proposal including, but not limited to, property lines, streets, easements, structural
elements, landscaping. A final plan is prepared by a registered land surveyor, architect or
engineer. A final plan further contains proper certification for accuracy and deletes natural land
features. Natural land features and elements illustrated on a preliminary plat are replaced in the
final plan by structural elements such as walls, ditches and other drainage facilities intended to
alter land forms.
Plan, preliminary means a fully dimensioned drawing which illustrates in detail all elements of
a development proposal including, but not limited to, property lines, streets, easements, structural
elements and landscaping. A preliminary plan is prepared by a registered land surveyor, architect
or engineer. A preliminary plan further includes all development phase lines providing
construction stages, topography, drainage and other natural land features.
Plat means an engineering drawing which provides for all data related to a development of land
and certified as to accuracy by a land surveyor or engineer.
Plat, final means an engineering drawing which provides for all data related to development of
land certified as to accuracy by a land surveyor or civil engineer, illustrating details necessary,
conveying ownership, dedication, etc. However, no information as to physical features or use is
reflected. A final plat is prepared in a form suitable for recording.
Plat, preliminary means an engineering drawing which provides for all data related to a
development of land certified as to accuracy by a land surveyor or civil engineer, illustrating the
details as necessary to establish a development format with physical land features and usage.
Primary streets means Capitol Avenue, Broadway, Byrd, Center, Chester, Commerce, Cross,
Cumberland, Louisiana, Main, Markham, 9th, Scott, 7th (west of Center), Spring, and State
Streets.
Principal use means the use which fulfills the primary function of an establishment, institution,
household or other entity.
Private passenger vehicle means a vehicle which has a current safety inspection and license
plate, the primary purpose being to provide transportation for fewer than nine (9) people, a
secondary purpose being to provide transport for small personal items, such as luggage,
groceries, clothing, etc. This definition shall include all recreational vehicles, ATVs, race cars,
hobby vehicles and vehicles authorized for use in association with a home occupation.
Reclassification means an amendment to or a change reflecting a change or revision or
modification of the zoning district boundary map.
Residence means a building or part of a building containing one (1) or more dwelling units or
rooming units. "Residence" does not include:
(1) Such transient accommodation as a transient hotel, motel, tourist. home or similar
establishment; or
(2) A dormitory, fraternity or sorority house, monastery or convent, or similar establishment
containing group living or sleeping accommodations; or
(3) Nurses' residence, sanitarium, nursing home, convalescent home, rest home, or other
sleeping or living accommodation in community facility building or portion of a building used
for community facility use.
Right-of-way, public means an area of land deeded, reserved by plat, or otherwise accepted and
maintained by the city, the county or the state for public use.
Satellite, television, signal receiving dishes, ground -mounted means a device commonly
parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television
signals transmitted via satellite communications facilities and serving the same or similar
function as the common television antenna. Such devices are defined in this chapter as accessory
structures.
Screening is the use of natural or man-made topography, berms, fences, walls, trees, shrubs,
ground cover or any combination thereof which partially or completely blocks the view of one
(1) area from another.
Screening, opaque means a man-made device on or a natural feature of a property which
restricts access or visibility, the purpose of which is to provide privacy, separation of use and
lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in
nature and disallow the passage of visible light frequencies.
Site plan review means the process whereby the planning commission and staff review the site
plans and maps of a developer to assure that they meet the stated purposes and standards of
article II, division 5 of this chapter.
Street means a publicly maintained right-of-way, other than an alley, which affords a primary
means of access to property.
Structural alteration means any external change either in the supporting members of a building,
such as a bearing wall, column, beam or girder; or in the dimension or configuration of the roof
or other exterior wall.
Structural tie means a physical connection between buildings or structures whose design intent
is to create a single principal building or structure. Such connections shall be limited to closed
constructions that are heated or cooled common to the structures tied. Covered walks, patios and
similar constructions attaching buildings or structures are expressly exempted.
Structure means anything constructed or erected or installed by man, the use of which requires
more or less permanent location on the ground or attached to something, or attached to
something having a permanent location on the ground, including but not limited to buildings,
towers and smokestacks.
Use means a purpose to which land is committed.
Variance means an exception from the strict application of the provisions of this chapter.
Wall, decorative means a structure the design of which is intended to visually or physically
separate one (1) area from another; to extend a building feature; in all instances a free standing
structure except as may be attached to another structure at the ends.
Wall, structural means a structure the design of which is intended to provide vertical or
horizontal foundation or support for another structure or land form.
Yard, exterior means any yard which is adjacent or parallel to a public right-of-way or
designated floodway, as specified on the flood insurance rate maps.
Yard, front means the required area of open space extending across the full width of the lot, the
depth of which shall be the least distance between the front lot line and the nearest point of the
main building or of any open, unenclosed porch or paved terrace as measured from the exterior
face of the building foundation.
Yard, interior means any yard which does not run adjacent to or parallel with a public right-of-
way or a designated floodway.
Yard, rear means the required area of open space extending across the full width of the lot
between the rearmost main building and the rear lot line, the depth of which shall be the least
distance between the rear lot line and the rear of such building.
Yard, side means the required area of open space between the main building and the side lot
line, extending from the front yard or front lot line where no front yard is required, to the rear
yard, the width of which shall be the least distance between the side lot line and the nearest point
of the main building.
Zoning district means a section of a city designated in this chapter in which requirements for the
use of land and building and development standards are prescribed.
Zoning district boundary means that boundary line which separates unlike zoning districts.
Zoning lot means a parcel of land that is designated by its owner or authorized agent as a tract,
all of which is to be used, developed or built upon as a unit under a single ownership. A zoning
lot may consist of any standard lot or a combination of a lot and any legally recorded portion of a
lot that existed prior to the passage of this chapter. When determining the front, rear and side
yard setbacks for a zoning lot, the required distance shall be measured from the exterior
boundaries of the zoning lot.
(Code 1961, Ch. 43, § 2-102(a), (b); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § In, uu,
xx, 9-20-88; Ord. No. 15,571, § li, 11-1-88; Ord. No. 15,615, § la, 1-3-89; Ord. No. 15,832, §
lb, 4-3-90; Ord. No. 15,841, § 1, 4-17-90; Ord. No. 16,341, § 1(t), (x), (bb), (ee), 1-19-93; Ord.
No. 16,861, § 1(o), (aa), 3-21-95; Ord. No. 18,228, § 2, 3-7-00; Ord. No. 18,324, § 1(c), (z), 8-1-
00; Ord. No. 19,052, § 1, 2-3-04; Ord. No. 19,395, § 1(a), 9-6-05)
Cross references: Definitions and rules of construction generally, § 1-2.
1=1
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATION OF A SECTION OF THE CODE OF ORDINANCES
CERTIFICATION
STATE OFARKANSAS }
COUNTY OF PULASKI }
CITY OF LITTLE ROCK }
I, Nataki S. Blocker, Assistant City Clerk, within and for the City aforesaid, do hereby
certify that the foregoing is a true and correct copy of the Little Rock City Code - Chapter 36
(Zoning) Article V (District Regulations) Division 2 (Residential Districts) Section 255 (R-3
Single-family district), as adopted by (Code 1961, Ch. 43, § 7-101.3; Ord. No. 15,247, § 1, 2-
15-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,971, § l(g), 12-4-90; Ord, No. 16,116, § 1(h),
11-19-91; Ord. No. 18,324, § 1(h), 8-1-00) of the Board of Directors of the said City, and
amendments thereto, as remains on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of Office on this loth
day of September 2008.
iVat ci S. Blocker, Assistant City Clerk
City f Little Rock, Arkansas
�j11151111111Irrr!
CZE�'',,.
••'- 4EEXHIBrr
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Sec. 36-255. R-3 Single-family district.
(a) Purpose and intent. The R-3 single-family district is established in order to provide an
appropriate district for existing developed areas occupied by smaller scale single-family housing
while at the same time maintaining reasonable standards of light, air and similar amenities for
living. This section applies to such district. It is intended that this district be utilized for new
construction only within the existing urban area and especially for infill development. Within the
R-3 district, all buildings, structures or uses having commercial characteristics shall be excluded
whether operated for a profit or otherwise. Accessory uses, conditional uses and home
occupations specifically provided for in this chapter, however, shall be allowed provided they do
not have objectionable characteristics and provided further that they otherwise conform to the
provisions of this chapter.
(b) Use regulations.
(1) Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.
(2) Other uses. Accessory, home occupation, special use, conditional uses or temporary uses
allowed within the R-3 single-family district shall be the same as those in the R-1 and R-2
districts except that two-family residences, accessory dwellings, day camps, day nursery, day
care centers, adult day care centers, and manufactured homes may be allowed as conditional
uses in R-3 as specifically approved by the planning commission.
(c) Height regulations. No building hereafter erected or structurally altered shall exceed a
height of thirty-five (35) feet.
(d) Area regulations.
(1) Front yard. There shall be a front yard setback having a depth of not less than twenty-five
(25) feet.
(2) Side yard. There shall be a side yard on each side of the building having a width of not
less than ten (10) percent of the average width of the lot, not to exceed five (5) feet.
(3) Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five
(25) feet. In the case of a corner lot, however, when providing a twenty-five foot exterior side
yard, the rear yard may be reduced to not less than eight (8) feet.
(4) Lot area regulations. There shall be a lot area of not less than five thousand (5,000)
square feet. In addition, there shall be a minimum lot width of not less than fifty (50) feet and a
minimum lot depth of not less than one hundred (100) feet. In the case of a lot used for a two-
family residence, the minimum lot area shall be seven thousand (7,000) square feet, with a
minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet. For purposes
of zero -lot -line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet.
The lot area shall not be less than four thousand (4,000) square feet.
(5) Other area regulations/siting standards. The following minimum siting standards shall
apply to all instances of placement of a manufactured home in the R-3 single-family district by
conditional use permit:
a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.
b. Removal of all transport elements.
c. Permanent foundation.
d. Exterior wall finished so as to be compatible with the neighborhood.
e. Orientation compatible with placement of adjacent structures.
f. Underpinning with permanent materials.
g. All homes shall be multisectional.
h. Off-street parking per single-family dwelling standard.
(6) Accessory structures and additions. Accessory structures or principal building additions of
conventional on -site construction are permitted by right.
(Code 1961, Ch. 43, § 7-101.3; Ord. No. 15,247, § 1, 2-15-87; Ord. No. 15,438, § 1, 2-16-88;
Ord. No. 15,971, § 1(g), 12-4-90; Ord. No. 16,116, § 1(h), 11-19-91; Ord. No. 18,324, § 1(h), 8-
1-00)
IR
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATION OF A SECTION OF THE CODE OF ORDINANCES
CERTIFICATION
STATE OFARKANSAS }
COUNTY OF PULASKI )
CITY OF LITTLE ROCK }
•`p� %I 11 l rS lry;...
fib �'d�,... .yl�•`�~
1, Nataki S. Blocker, Assistant City Clerk, within and for the City aforesaid, do hereby
certify that the foregoing is a true and correct copy of the Little Rock City Code - Chapter 36
(Zoning) Article V (District Regulations) Division 2 (Residential Districts) Section 253 (R-1
Single-family district), as adopted by Code 1961, Ch. 43, § 7-101.1, Ordinance No. 15703 (07-
05-89); Ordinance No. 16116 (11-19-91), Ordinance No. 16341 (01-19-93), Ordinance No.
16861 (03-21-1995), Ordinance No. 18324 (08-01-00), Ordinance No. 18682 (05-21-02), and
Ordinance No. 19395 (09-06-05) of the Board of Directors of the said City, as remains on file in
my office.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of Office on this loch
day of September 2008.
n,tly
tiut i n grrpr�
CI rr- r ANai S. Blocker, Assistant ity Clerk
0F - - City of Little Rock, Arkansas
�E
�,y' •...... �.� = EXHIBIT
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d
Sec. 36-253. R-1 Single-family district.
(a) Purpose and intent. The R-1 single-family district is established in order to provide areas in
the city for development of single-family residences on lots not less than fifteen thousand
(15,000) square feet in area. This section applies to such district. This district shall be located so
as to facilitate the economical provision of appropriate urban services and to provide for the
orderly expansion and maintenance of urban residential development throughout the
metropolitan area. The R-1 district shall also be applied to areas where, because of topography
or other physical constraints, lots larger than permitted in the R-2 and R-3 districts would be
appropriate. The R-1 district is not intended to be subject to major alteration by future
amendment except at the fringe of such district, where minor adjustment may become
appropriate to permit the reasonable development of vacant tracts for gradual transition from
other districts. Within the R-1 district, all buildings, structures or uses having commercial
characteristics shall be excluded whether operated for profit or otherwise. Conditional uses and
home occupations expressly provided for in this chapter, however, shall be allowed, provided
they do not have objectionable characteristics and provided further that they otherwise conform
to the provisions of this chapter.
(b) Use regulations.
(1) Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.
(2) Accessory uses. The following accessory structures and land uses shall be permitted only
where clearly incidental to the permitted primary use, except as otherwise permitted herein:
a. Servants' quarters, provided said quarters are used only by persons employed on the
premises and not for commercial purposes.
b. Accessory buildings, including private garages, storage facilities and children's playhouses.
c. Private greenhouses and horticultural collections.
d. Flower and vegetable gardens.
e. The keeping of animals for private, noncommercial use in accordance with chapter 6.
f. Home occupations in compliance with this chapter.
g. Signs in compliance with chapter 36, article X.
h. Swimming pools, tennis courts and similar recreational facilities.
(3) Temporary uses. The following temporary buildings, structures and uses shall be permitted
where such building, structure or use conforms to the height and yard requirements of this
zone:
a. Facilities and storage incidental to a construction project and located on the project site.
When such facilities or storage are used for construction on lots other than the lots used for
such facilities or storage, such use shall maintain the setbacks required in this zone.
b. Model home or subdivision sales offices when located in model homes subject to the
approval of the planning director, and subject to the following provisions:
1. Such model homes or subdivision sales offices shall be located in a subdivision which is
owned by or held in trust with the subdivision developer proposing to erect a model home or
proposing to operate the sales office.
2. Subdivision sales offices or model homes shall be permitted not to exceed thirty-six (36)
months from the granting of such temporary use by the planning director.
3. The board of adjustment may grant not more than one (1) use permit to extend the time limit
allowed in item 2, above, not to exceed an additional thirty-six (36) months.
4. The subdivision sales office shall be removed and the model homes shall be discontinued
as a model home on or before the termination date set forth in item 2, above or upon expiration
of the extension granted by the board of adjustment pursuant to item 3, above, or after six (6)
months following sale or occupancy of all lots in the subdivision other than the model homes,
whichever occurs first.
5. For the purpose of items 1, and 4, above, "subdivision" means all land included within a plat
submitted to the city.
c. Garage sales (not to exceed two (2) a year and two (2) days for each event).
(4) Conditional uses. The following uses may be permitted in this zone subject to the approval
of a condition use permit and all required showings and conditions thereof:
a. Churches and other religious institutions and their accessory buildings and uses.
b. Educational institutions, including but not limited to colleges, universities, public and private
elementary, junior or senior high schools and their accessory buildings and uses.
c. Public utility buildings and facilities when necessary for serving the surrounding area,
provided that no public business office and no repair or storage facility are maintained therein.
d. Municipal or governmental recreation use, including public parks, playgrounds, tennis
courts, golf courses, community centers, fire stations, museums, libraries and other similar
uses.
e. Country club, golf course, swimming pool or other private recreational uses usually
associated with or incidental to a social country club or subdivision association operated for
mutual recreation for the members, and not as a business for profit.
f. Group care facilities.
g. Fire station.
(5) Special uses. The following special uses may be permitted subject to the criteria contained
in section 36-54 and approval of a special use permit by the planning commission:
a. Bed and breakfast house.
b. Family care facility.
c. Day care family home.
d. Family care facility.
e. Group care facility.
f. Group home.
g. Parolee or probationer housing facility.
h. Rooming, lodging and boarding facility.
(6) Home occupation.
a. Home occupations shall be permitted that will not:
1. Change the outside appearance of the dwelling or provide product display visible from the
street.
2. Generate traffic, parking, sewage or water use in excess of what is normal in the residential
neighborhood.
3. Create a hazard to persons or property, result in electric interference or become a nuisance.
4. Result in outside storage or display of any material or product.
5. Involve accessory buildings.
6. Result in signage beyond that which may be required by other government agencies.
7. Limited to five hundred (500) square feet in area, but in no case more than forty-nine (49)
percent of the floor area in a dwelling.
8. Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use.
9. Require the construction of, or the addition to, the residence of duplicate kitchens.
10. Requirement or cause the use or consumption on the premises of any food product
produced thereon.
11. Provide medical treatment, therapeutic massage or similar activities.
b. The following are permitted home occupations, provided they do not violate any of the
provisions of the previous subparagraph a:
1. Dressmaking, sewing and tailoring.
2. Painting, sculpturing or writing (artistic endeavors).
3. Telephone answering service or radio monitoring service.
4. Home crafts such as model making, rug weaving and lapidary work.
5. Tutoring limited to two (2) students at a time.
6. Music instruction limited to two (2) students at a time.
7. Catering and home cooking.
8. Computer programming.
9. Clock or watch repair.
10. Personal or home care products marketing without stock in trade on premises.
c. The following are prohibited as home occupations:
1. Barbershops and beauty shops.
2. Animal hospitals.
3. Dance studios.
4. Mortuaries.
5. Nursery schools.
6. Private clubs.
7. Small appliance repair shops.
8. Restaurants_
9. Stables or kennels.
10. Animal grooming.
11. Engine or motor repair shops.
12. Paint shops.
d. Any proposed home occupation that is neither specifically permitted by subparagraph b., nor
specifically prohibited by subparagraph c., shall require an accessory use permit and be granted
or denied by the city department designated by the city manager upon consideration of those
standards contained in this paragraph. Appeals from the administrative judgement of the staff
shall be filed with the board of adjustment. The content of the filing shall consist of: (1) A cover
letter addressed to the chairman and members of the board of adjustment setting forth the
request; (2) a copy of all pertinent graphic materials or correspondence. This filing shall occur
within thirty (30) calendar days of the action by the staff. No activity which requires an accessory
use permit shall be conducted prior to issuance of the permit. Any proposed use requiring
employees who are not residents of the dwelling shall be approved by the board of adjustment
prior to the issuance of permits.
(c) Height regulations. No building hereafter erected or structurally altered shall exceed a
height of thirty-five (35) feet.
(d) Area regulations.
(1) Front yard. There shall be a front yard setback having a depth of not less than thirty-five
(35) feet.
(2) Side yard. There shall be a side yard setback on each side of the building having a width
of not less than ten (10).feet. Notwithstanding the above requirement, no conditional use in this
district will be approved having a side yard setback of less than twenty-five (25) feet.
(3) Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five
(25) feet. In the case of a corner lot, however, when providing a twenty -five-foot exterior side
yard, the rear yard may be reduced to not less than ten (10) feet.
(4) Lot area regulations. There shall be a lot area of not less than fifteen thousand (15,000)
square feet. In addition, there shall be a minimum lot width of not less than eighty (80) feet and
a minimum lot depth of not less than one hundred twenty (120) feet.
(e) Lot coverage. The main building and all accessory buildings on a lot shall not occupy more
than thirty (30) percent of the total area of the lot.
(Code 1961, Ch. 43, § 7-101.1; Ord. No. 15,703, § 1 k, p, 7-5-89; Ord. No. 15,988, § 4, 12-18-
90; Ord. No. 16,116, § 1(t), (qq), 11-19-91; Ord. No. 16,341, § 1(m), (ff), 1-19-93; Ord. No.
16,861, § 1(x), (aa), 3-21-95); Ord. No. 18,324, § 16i), (oo), 8-1-00; Ord. No. 18,682, § 1(e), 5-
21-02; Ord. No. 19.395, § 1(g), 9-6-05)
L�
City of Little Rock
Office of the City Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201-1429
Phone: (501) 371-6803
CERTIFICATION OF A SECTION OF THE CODE OF ORDINANCES
CERTIFICATION
1n`"a' "L'++rr+��/
yR'F
STATE OFARKANSAS }
_ _
-OF-
COUNTY OF PULASKI }
.•�!L
CITY OF LITTLE ROCK
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I, Nataki S. Blocker, Assistant City Clerk, within and for the City aforesaid, do hereby certify
that the foregoing is a true and correct copy of the Little Rock City Code - Chapter 36 (Zoning) Article
I (General) Section 3 (Same --Uses), as adopted by Code 1961, Ch. 43, § 2-102(c); Ord. No. 15,247, § 1,
2-17-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,553, § If, m, s, t, x, nn, pp, qq, ww, yy, 9-20-88;
Ord. No. 15,702, § 1, 7-5-89; Ord. No, 15,703, §§ lj, 1, 7-15-89; Ord. No. 15,835, § lb, 4-3-90; Ord, No.
16,116, § l(b), (h), (ee), (ii), (ss), 11-19-91; Ord. No. 16,341, § 1(a), (k), (u), (ii), 1-19-93; Ord. No.
16,437, § 2, 6-9-93; Ord. No. 16,861, § 1(h), (p), (aa), (dd), 3-21-95; Ord. No. 17,305, § 1(e), (m)--(q),
(u), (v), (dd), (gg), 11-7-96; Ord. No. 17,409, § 1, 3-4-97; Ord. No. 18,324, § 1(e), (g), (x), (y), (bb),
(mm), (nn), (ss), 8-1-00; Ord. No. 18,682, § 1(a), 5-21-02; Ord. No. 18,939, § 1, 9-16-03; Ord. No.
19,395, §§ 1(d)--1(f), 9-6-05), of the Board of Directors of the said City, and amendments thereto, as
remains on file in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of Office on this 101h day of
September 2008.
�```V� �'' • • '. Q 'ram
\ n
Aa ki S. Blocker, Assistant City Clerk
of Little Rock, Arkansas
Eg EXHIBIT
E
Sec. 36-3. Same --Uses.
The following definitions and explanatory notes supplement, restrict, and define the
meaning and intent of the use regulations in this chapter. The first eighteen (18) uses listed are
residential in nature and have been grouped at the top of the list. Other uses follow in
alphabetical order:
Bed and breakfast house means an owner occupied single-family residence which
contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no
longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the
permitted districts of R-1, R-2, and R-3 single-family and R-4 two-family districts.
College dormitory means a college residence hall providing sleeping rooms.
Correctional facility means a staffed and supervised community based transitional
facility for housing persons serving all or part of a sentence or probation, for violation or
conviction of a criminal offense, and which may also provide structured programs and services
such as counseling and job placement to the residents. This definition excludes jails, prisons
and detention centers operated by any local, county, state or federal government, and facilities
operated by any state agency subject to statutory notice provisions.
Family care facility means a facility which provides resident service in a family -like
environment to six (6) or fewer individuals and not more than two (2) staff personnel. These
individuals require a minimal level of supervision and are provided service and supervision in
accordance with their individual needs.
Group care facility means a facility providing shelter, counseling and other rehabilitative
services to more than six (6) but fewer than sixteen (16) residents and not more than three (3)
staff or supervisory personnel. The individuals require some level of supervision or care,
however, no medical or nursing care shall take place on the site. The facility shall be licensed
and/or approved by the State of Arkansas.
Group home means a facility that does not fall within another defined facility category
within this section and which provides housing in a family -like environment to more than four (4)
handicapped individuals. This use is permitted only as a special use as designated in this
chapter.
High rise, multifamily means any structure housing residential units (public or private)
which exceeds a height of thirty-five (35) feet.
Homeless shelter means a facility providing temporary housing to indigent, needy,
homeless or transient persons. Such a facility shall be permitted to also provide ancillary
services such as meals, counseling and vocational training.
Housing, elderly means three (3) or more dwelling units specifically designed and
intended for occupancy by the elderly. This use typically provides ancillary services on -site,
such as transportation, recreation, and common dining facilities. Density of development shall
be the measure of private sleeping accommodations or beds. In no instance shall the unit
density per acre exceed that provided in the R-5 district.
Manufactured home means a factory -assembled detached dwelling unit with the
following characteristics:
(1) Designed for full-time occupancy and containing sleeping, bath, and kitchen facilities.
(2) Connections for utilities systems provided on the intended site.
(3) Designed for highway transport with wheels, chassis, tongue, and other features related to
transportability.
(4) Conformance with the minimum construction standards of the federal mobile home
regulations of Title VI of Public Law 93-383, USC 5401.
This structural type is required to be placed upon permanent foundation supports with
anchorage complying with the city's building codes. This definition shall be deemed to include
modular homes that are factory assembled. This structural type is expressly prohibited in all
zoning districts except R-7 and R-7A where it is a use by right subject to site plan review, and
the R-2, R-3, and R-4 districts where it is allowed by conditional use permit.
Manufactured home, multisectional means a manufactured home with the additional
characteristic of modular delivery to the permanent homesite. This structural type shall consist
of two (2) or more modules designed for permanent attachment to make one (1) dwelling unit.
Mobile home, preregulation means a factory -assembled detached dwelling unit with the
following characteristics:
(1) Designed for full-time occupancy and containing sleeping, bath, and kitchen facilities.
(2) Connections for utility systems provided on the intended site.
(3) Designed for highway transport with wheels, chassis, tongue, and other features related to
transportability.
This unit type is required to be placed on foundation supports with anchorage complying with
the city's building codes. This unit type is also recognized as having been constructed prior to
the adoption of the National Manufactured Home Construction and Safety Standards on June
15, 1976. This structural type is expressly prohibited whether for permanent or temporary
occupancy in all zoning districts except the R-7 mobile home park district.
Multifamily means three (3) or more dwelling units, each occupied by not more than one
(1) family.
Orphanage means a residential housing facility for homeless, abused or neglected
children. This definition shall be deemed to include the provision of shelter, meals, clothing and
counseling for on -site residents only. Accessory uses shall in every respect be subordinate to
the principal use.
Parolee or probationer housing facility means a residential facility dedicated to providing
housing for one (1) or more parolees who have been released from the Arkansas Department of
Correction as a parolee through the Arkansas Post Prison Transfer Board or one (1) or more
probationers who have been released by a Circuit or Federal District Court to a residential
probation program, or a combination of such parolees and probationers. A parolee's or
probationer's home or the home of a family member of such a person shall not be considered a
facility for purposes of this chapter.
Rooming, lodging and boarding facility means a building or establishment which
provides for more than four (4) but fewer than sixteen (16) persons and may provide meal
service. The building or facility shall be so arranged as to permit passage between all living
elements such as dining, kitchen and bathrooms. Detached units or private access
accommodations are not permitted.
Single-family means a single dwelling unit occupied by not more than one (1) family. It
shall be detached in the R-1 through R-3 districts.
Two-family means two (2) attached dwelling units on one (1) lot, each occupied by not
more than one (1) family.
Agricultural products processing means a facility which involves the operation of
processing, preparing or packaging agricultural products which are not grown on the site.
Airport or landing field means a landing facility for fixed- or rotary -winged aircraft
containing a minimum of sixty (60) acres, subject to the federal aviation agency's requirement of
safety and applicant's securing air space utilization from the federal aviation agency.
Ambulance service, headquarters post means a facility established to transport infirm or
injured persons from one (1) place to another by means of the appropriate vehicle or aircraft.
This use consists of all services related to provision of ambulance service including but not
limited to: Administration, operations, dispatch, communications, vehicle maintenance, eating
facilities and storage and crew sleeping quarters.
Ambulance service post means a facility for the posting of crews and ambulance units
only in various sections of the city. The post may consist of sleeping quarters for crew and
parking of ambulances and employee vehicles.
Amusement, commercial (inside) means an amusement enterprise wholly enclosed in a
building, including, but not limited to, a bowling alley, billiard parlor, or a facility intended for
dancing whether or not a fee is charged for admittance.
Amusement, commercial (outside) means any amusement enterprise offering
entertainment or games of skill to the general public for a fee or charge where any portion of the
activity takes place in the open, including but not limited to a golf driving range, archery range or
miniature golf course.
Animal clinic (enclosed) means a facility, without outside runs, for the diagnosis and
treatment of pets and other animals including, but not limited to, dogs, cats, birds and horses.
No outdoor boarding of these animals shall be allowed overnight.
Animal pound or kennel means a public or private facility including outside runs for
enclosure of animals, especially stray or unlicensed pets, or for pets being boarded for short
period of time.
Antique shop with repair means an establishment offering for sale articles such as
glass, china, furniture or similar furnishing or decorations which have value and significance as
a result of age, design or sentiment. This use shall include as an ancillary activity, the
refinishing, repair or reupholstery of furniture or other antiques sold or displayed for sale on the
premises. Enclosure of use required. Limited to ten (10) percent of gross floor area.
Antique shop without repair means an establishment offering for sale articles such as
glass, china, furniture or similar furnishing or decorations which have value and significance as
a result of age, design or sentiment. No refinishing, repair or upholstery work permitted.
Appliance repair means a shop for the repair of household and home equipment, such
as electrical appliances, lawn mowers, tools and similar items.
Auction, general merchandise means the public sale of merchandise, equipment, or
other physical goods to the highest bidder. This use is not restricted to closed buildings and may
be conducted parttime or open air provided all other provisions of this chapter are met.
Auto auction means a facility for the sale of automobiles to the highest bidder.
Auto glass or muffler shop means a facility for installation or replacement of auto glass
and mufflers.
Auto or truck rental and leasing means a facility which for a fee provides automobiles,
trucks and trailers for rent or lease. This may include ancillary activities, such as: repair,
maintenance, washing and sales of used units.
Auto painting or body rebuilding shop means a facility for restoring auto bodies, painting
or refinishing.
Auto parts and accessory sales means .a facility having auto parts, accessories and
tools for sale.
Auto parts, sales with limited motor vehicle part installation means a facility primarily for
the sale of auto parts with the accessory function of installation of parts. Part installation is
limited to such functions as tire mounting and other periodic parts maintenance. Engine
rebuilding or major repair work is prohibited.
Auto rental or leasing (no service, sales or repair) means a facility limited to an office
space, with display of automobiles which for a fee are rented or leased.
Automobile or motorcycle display, sales or service means a facility for display, service
and sale of new or used automobiles, motorcycles, recreational vehicles and trailers.
Auto repair garage means a facility for major motor vehicle repair, excluding body
rebuilding.
Bakery or confectionery shop (retail) means a place for baking or selling baked goods,
or a place for preparing, cooking, making or selling candy or other sweets.
Bank or savings and loan means a facility which has as its primary purpose the
custody, loan, exchange or issue of money, the extension of credit and the transmission of
funds, including drive-in facilities and automatic teller machines.
Bar, lounge or tavern means an establishment, the primary activity of which is the sale
and consumption on the premises of beer, wine or other alcoholic beverages, and where any
food service is secondary to the sale of beer, wine or other alcoholic beverages. This use may
include a facility for dancing.
Barber or beauty shop means a facility licensed by the state where hair cutting, hair
dressing, shaving, trimming beards, facials, manicures or related services are performed.
Beverage store means a facility for the sale of beer, wine or liquor not for on -premises
consumption.
Book and stationery store means a facility for the sale of books, pamphlets, paper,
pens, ink and associated items; not involving wholesale distribution.
Bottled gas, bulk storage nonflammable or nonhazardous means a facility for the
warehousing or storage of any quantity of gases above or below ground for purposes of filling
canisters or tanks for the retail sale to end users.
Bottled gas, sales and service means a facility for the marketing of gases of any type for
medical, manufacturing, weldingor similar activities with no bulk storage or filling of tanks.
Building material sales means a facility for the sale of materials and hardware to be
used for the construction, renovation, remodeling or other alteration of primary or accessory
buildings.
Bulk storage of highly flammable and/or hazardous materials means all materials and
substances which are designated or defined as hazardous or flammable by law or regulation of
this state or by law or regulation of the federal government.
Bus or truck storage or garage means a facility in which currently licensed buses or
trucks are stored or repaired.
Bus station and terminal means a facility on a common carrier line for bus docking,
freight storage, and passenger loading and unloading. This shall not be construed to include
passenger shelters which may be located on a local bus route.
Butcher shop means a facility for dressing and preparing animal carcasses for sale as
smaller unit purchases. This use is entirely enclosed.
Cabinet and woodwork shop means a shop for the repair or creation of individual items
of furniture and wooden home furnishings on a custom basis, not a factory, planing mill or
similar woodworking plant.
Camera shop means a retail shop which sells photography items including cameras,
film, photographic paper, auxiliary lenses, photo finishing, photo finishing material, projection
equipment and other related items.
Car wash means a facility for washing or steam cleaning passenger automobiles
(including a self-service operation), operating either as a separate facility or when installed and
operated in conjunction with another use, and which installation includes equipment customarily
associated with a car wash and which is installed solely for the purpose of washing and cleaning
automobiles.
Catering, commercial means the preparation of foods, condiments and associated
utensils or containers used in such activities. This definition shall include the serving and
consumption of specialty food items and meals, both on and off -site. Enclosure of the use is
required.
Catering/home cooking means the preparation, delivery and serving of foods,
condiments and the utensils or containers used in such activities. This use shall provide for the
serving and consumption of the prepared meals off -site. Enclosure of use is required.
Cemetery or mausoleum means a place or ground designated for burial of the dead. A
mausoleum is a building with places for entombment of the dead.
Church means a place of worship and religious training and including accessory
housing facilities such as a rectory.
Cigar, tobacco and candy store means the retail sale of cigars, cigarettes, pipe tobacco,
candies and related items.
Clinic (medical, dental, optical) means a facility for examining, consulting with and
treating patients, including offices, laboratories and outpatient facilities but not including hospital
beds for overnight care or treatment.
Clothing manufacturing means operations involving cutting, sewing, forming and
packing of garments and similar items, including the making of millinery and clothing
accessories.
Clothing store means a retail facility for selling male or female apparel.
College fraternity or sorority means an organization formed chiefly for social purposes
which may have secret rites and a name usually consisting of Greek letters.
College, university or seminary means a college or university is an academic institution
of higher learning beyond the level of public, parochial, elementary or secondary schools. A
seminary is an institution for the training of candidates for the priesthood, ministry or rabbinate.
Communications, receiving or transmitting means a facility for the relay of audio or
video communications where the principal function is receiving and channeling communication
obtained from or originating at another location.
Community, welfare or health center means a community service facility where social,
recreational, welfare, health or child care assistance is provided by a public quasi -public, tax
exempt, church or municipal agency.
Contractor maintenance yard means an open storage yard for supplies and operational
equipment, but not constituting a junk or salvage yard.
Convenience food store with gas pumps means a small food store whose primary
function is the sale of convenience food items such as bread, milk, etc. Gas pumps and
petroleum sales are provided on the site. No automobile parts, sales or service is allowed.
Convent or monastery means dwelling units of a religious order or congregation for
persons under religious vows.
Country club, private membership means an area of twenty (20) acres or more
containing a golf course and a clubhouse available only to the membership. Such a club may
contain as adjacent facilities a private club and dining room, swimming pool, tennis courts and
similar service and recreational facilities.
Crematory, crematorium or crematories means an establishment for the reduction of
bodies to ash by fire either directly or in ovens or by a retort. This use shall be conducted
entirely within an enclosed area.
Custom sewing and millinery means custom making of apparel and millinery, not
involving a factory.
Day camp means a recreational facility or area maintained under private or public
auspices with open air or structural involvement which provides for recreational activities,
overnight lodging, counseling or other activities sponsored by a nonprofit, charitable, or religious
organization.
Day care center means any facility conducted under public or private auspices on a
profit or nonprofit basis providing a planned child development program or giving direct care and
protection for children which requires licensing by the state except as a licensed day care family
home.
Day care center, adult means any facility conducted under public or private auspices on
a profit or nonprofit basis providing a planned care program giving direct care and protection for
adults which requires licensing by the state. This use is limited to the numbers of adults and
hours per day set forth within state licensing guidelines.
Day care family home means any facility which provides child care in a family setting
within a care giver's family residence in accordance with provisions of licensing procedures
established by the State of Arkansas. This use is intended to fill that level of child care between
unregulated babysitting and day care center.
Drugstore or pharmacy means a facility for preparing, preserving, compounding and
dispensing drugs and medicines; and may include the display and sale of other merchandise
such as cosmetics, notions, fountain service and similar items.
Duplication shop means a facility for the reproduction and copying of printed material or
drawings.
Eating place inside means an establishment where food is available to the general
public for consumption within a building on the premises. The design of the building shall not
include provision for the sale of foods by the use of a drive -through window, nor the
consumption of foods by customers within vehicles parked on site.
Eating place with drive-in service means an establishment which by design of physical
facilities or by the type of service and packaging permits or encourages the purchase of
prepared, ready -to -eat foods for consumption on or off the premises and which does permit
consumption on the premises in motor vehicles.
Eating place without drive-in service means an establishment where food is available to
the general public primarily for consumption within a structure on the premises or which by
design of physical facilities or by type of service and packaging permits or encourages the
purchase of prepared, ready -to -eat foods intended for consumption off the premises, and where
the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.
Establishment of a religious, charitable or philanthropic office means the offices and
activities sponsored or operated by organizations established for religious or philanthropic
purposes, including but not limited to homes for the aged, resident homes for the indigent or
handicapped, training and educational facilities, and similar establishments.
Establishment for care of alcoholic, narcotic or psychiatric patients means an
establishment offering residence for outpatient treatment to alcoholic, narcotic or psychiatric
patients.
Estate sales means a retail sales use that is typically located on the premises of a
person or persons desirous of disposing of household possessions. This use shall be limited to
the sales of furniture or household possessions from that residence. The - accumulation of
articles from more than one (1) household shall not be offered for sale at a single residential
location.
Feed store means a facility for the sale of grain, prepared feed and forage for pets,
livestock and fowl, but not involving the grinding, mixing or commercial compounding of such
items.
Fire station means a building specifically constructed to house fire fighting apparatus,
firemen and living accommodations for full time occupancy.
Florist shop means a facility for the retail sale of cut or uncut flowers and ornamental
plants and accessory items. Enclosure of use required.
Food store means an establishment where foods and associated items are kept and
displayed for retail sales.
Foundry or metalworks means a facility for the melting, smelting, molding or otherwise
processing or manufacturing of metallic minerals.
Furniture repair store means a facility for repairing and reupholstering furniture,
including specialized equipment.
Furniture store (new) means a retail facility for displaying and selling new furniture, and
may also include appliances such as radios, televisions, stereos, refrigerators, stoves and lawn
furniture.
Glass/glazer, (installation, repair and sales) means a business whose principal activity
is the cutting, setting and finishing of glass for residential or business buildings and the sales of
glass and appurtenances.
Grain elevator or feed mill means a facility for the storage or mixing or grinding of
grains or other prepared foods to be used for pets, livestock or fowl.
Handicraft, ceramic, sculpture or similar art work means a facility to individually create
objects such as leather goods; jewelry; oven -fired, nonmetallic mineral products or carved three-
dimensional works of art, not a factory.
Hardware or sporting goods store means a retail facility for selling cutlery, tools,
utensils, screws, nails and similar items; or athletic uniforms, sport clothing and sporting
equipment.
Hauling and storage company means a facility for warehousing, transferring or keeping
goods.
Health studio or spa means a facility other than a regularly licensed hospital, operating
for a profit to promote physical fitness or weight control, and where manipulated massage or
manipulated exercises are practiced upon the human body by anyone not a duly licensed
physician or chiropractor, whether with or without use of mechanical or therapeutic devices.
Hobby shop means a facility for the sale of hobby supplies such as model kits, art
equipment and materials.
Home center means a facility which retails appliances, fixtures, building materials and
other similar items for the maintenance and improvement of residential structures.
Hospital means an institution which is licensed by the state where sick or injured
patients are given medical or surgical treatment intended to restore them to a healthy and active
life or where persons suffering from generally permanent types of injury, illness, deformity or
age are given care and treatment on a prolonged or permanent basis.
Hotel or motel means a temporary abiding place containing six (6) or more guest
rooms or units furnishing customary hotel services such as linen, maid service, service and the
use of, and upkeep of furniture.
Industrial uses not listed (enclosed) means any completely enclosed industrial use
which is not specifically listed in this chapter.
Institution for special education means an educational institution licensed by the state,
whether private, public or religious which provides special training or care for children suffering
learning disabilities such as dyslexia, autism, mental retardation or brain damage.
Jewelry store means a facility which retails watches, rings, bracelets, necklaces and
similar items.
Job printing, lithographer, printing or blueprinting plant means a plant or facility for
commercial reproduction of material or drawings on a job order or bulk basis utilizing
lithography, offset printing or other purposes.
Junk or salvage yard means any establishment maintained, used or operated for the
storing, keeping, dismantling, salvaging, buying or selling of:
(1) Scraps or discarded pieces of metal, paper, rags, tires, bottles and other materials.
(2) Inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts,
machinery or appliances.
A junk or salvage yard shall not include premises on which such uses are conducted entirely
within a completely enclosed building, nor shall a junk or salvage yard include premises used
primarily for the sale or storage of operable automobiles or for the overhaul or full repair thereof,
so long as no inoperable junk or wrecked automobile remains outside more than thirty (30)
days. Any premises on which there remains outside more than thirty (30) days an inoperable,
partially dismantled, wrecked or junked automobile shall be deemed for the purpose of this
chapter, a junk or salvage yard.
Key shop means a facility for the sale or duplication of keys.
Laboratory means a facility for testing and analyzing problems of general health or
which performs a scientific test, analysis or experimental study.
Laboratory, manufacturing means operations involving the compounding of products
such as perfumes, pharmaceuticals and the development and assembly of instruments and
similar items.
Landscape service means a facility for the design and implementation of design of
residential and business landscaping. This facility may include the storage of landscape
materials in bulk form as well as the required machinery or equipment for installation.
Laundromat means a coin -operated facility designed for use by the general population
for the cleaning and/or dry cleaning of domestic laundry items.
Laundry, domestic cleaning means a facility for the cleaning or dry cleaning of domestic
laundry items. These items are, but not limited to, personal clothing, towels and linens.
Laundry, industrial means a facility for the cleaning of commercial or industrial bulk
items from retail, industrial or other business activities. These items are, but not limited to,
uniforms, towels and linens and floor mats.
Laundry pickup station means a facility for the collection and return of domestic laundry
items. This use is to be totally enclosed.
Lawn and garden center, enclosed means a facility for the sale and rental of plants and
other landscape or gardening supplies and the equipment used in the installation or
maintenance thereof. This use shall be restricted to the enclosed portions of buildings. Outside
display is expressly prohibited.
Lawn and garden center, open display means a facility for the sale or rental of plants
and other landscaping or gardening supplies and the equipment used in the installation or
maintenance thereof. Open display shall be permitted outside of closed buildings provided such
display does not occupy required off-street parking spaces and is screened as required by the
commercial district's criteria.
Library, art gallery, museum, or similar public use means an establishment for the loan
or display of books, or objects of art or science which is sponsored by a public or quasi -public
agency and which institution is open and available to the general public.
Light fabrication and assembly process means the manufacture and assembly of items
not involving an excessive generation of noise, odor, vibration, dust or hazard.
Lodge or fraternal organization means a private, nonprofit organization whose primary
purpose is to promote the fellowship of its members and which may conduct business
associated with philanthropy or civic awareness.
Lumberyard means a facility which stores and sells cut lumber and other associated or
accessory building materials.
Machinery sales and service means a facility for repairing equipment, selling and
servicing of machinery.
Machine or welding shop means a facility in which metallic materials are processed by
machining, cutting, grinding or welding.
Medical appliance fittings and sales means a facility specializing in special purpose
devices related to medical treatment.
Miniwarehouse means a warehouse facility which is utilized for the storage of personal
possessions such as boats, trailers and furniture, and is available for rent to the general public.
Mobile home sales means a facility for the sale of mobile residences.
Mortuary or funeral home means a facility in which deceased bodies are prepared for
burial and kept until burial, and in which funeral services may be conducted. A crematorium may
be part of the services included within a full service funeral home operation if a conditional use
permit is properly obtained.
Motor freight terminal means a facility for freight loading and freight storage.
Nursing home or convalescent home means a facility providing care and minor
treatment under the direction of a physician licensed by the state or a facility providing services
to patients for the purpose of achieving rapid recovery, may furnish basic provisions of food and
laundry.
Office equipment sales and service means a facility for the display, sales, service or
repair of equipment, machines or computers typically utilized in daily activities of general or
professional offices.
Office, general or professional means a place for the regular transaction of business,
but not to include the occupation by retail sales, transfer of manufactured goods or storage of
commodities.
Office, showroom and warehouse means a facility for mixed use with the following
characteristics:
(1) A showroom for display of product line which does not include items for user purchase,
except within C-3 general commercial district.
(2) A storage or warehouse facility which occupies not more than sixty (60) percent of the
gross floor area of the structure(s).
(3) The principal office of the business;
(4) Sales to contractors or other businesses installing or delivering to consumer and user.
Office, warehouse means a facility, combining office and warehouse functions in a
single structure.
Optical shop means a facility for a dealer in optical items or for correcting vision.
Paint and wallpaper store means a facility for selling paints, painting equipment and
wallpaper.
Parking, commercial lot or garage means a facility for temporary storage of motorized or
wheeled vehicles.
Pawnshop means a facility for loaning money on the security of personal property;
unclaimed property may be sold on premises.
Petroleum products, storage and wholesale means a facility for the storage and sale of
petroleum products.
Pet shop means a facility for the display and sale of small animals, fish and birds as
pets, such as dogs, cats, parakeets, goldfish, tropical fish or canaries, without involving
commercial boarding or treating of any animal, fish or bird.
Photography studio means a facility for taking and processing pictures, not a bulk
processing plant.
Plant nursery means an enterprise devoted to the planting and raising of vegetables,
flowers and ornamental plants intended for transport to off -site locations for sale. On -site sale of
products shall be permitted as set forth by section 36-338(b) of this code. Enclosure of use shall
not be required.
Plant nursery, wholesale and producer means a facility for the planting and raising of
flowers and ornamental plants intended for transport to off -site locations for retail sales.
Enclosure of use shall not be required.
Plumbing, electrical, air conditioning and heating shops means a facility providing
supplies, repair, installation and sales of plumbing, electrical, air conditioning and heating
equipment.
Private club with dining or bar service means a group of people associated or formally
organized for a common purpose, interest or pleasure. Facilities include dining or bar
accommodations, none of which are available except to members or their guests.
Racetrack means a facility for races, including closed course, straight-away or
acceleration runs.
Railroad freight terminal means a facility on a railroad for freight classifying, docking and
storage.
Railroad passenger station means a facility for loading and discharging of passengers.
Recycling and reclamation facility means a facility for receiving, storage and sorting of
paper, glass, metals and other reusable materials or objects including the crushing, rendering or
dismemberment of vehicles, containers or structures.
Recycling facility, automated means an accessory commercial structure and use which
is intended for the receiving, storage and payment for receipt of metal cans. The activity is
typically untended and occupies less than one hundred forty-four (144) square feet of land area.
All functions of the use are fully enclosed, representing a vending characteristic only.
Recycling facility, materials recycling facility (MRF) means a facility for the receiving,
sorting and processing of recyclable materials for reuse. This use receives metal, glass, paper
or other recyclable materials typically collected by recycling programs of government or private
business. This use processes and ships the materials to industry or businesses involved in
reuse. This definition expressly excludes the receiving or processing of vehicles, building
materials, petroleum products or flammable liquids. Enclosure of use required except as may be
authorized by the zoning district.
Rendering plant means a facility for the reduction of slaughterhouse by-products into
various meal or liquid products for use as animal foods, etc.
Retail uses not listed (enclosed) means any completely enclosed retail sales outlet
which is not specifically listed in this section.
Retail uses not listed (with outside display) means any retail sales outlet which utilizes
outdoor display of merchandise and is not specifically listed in this section.
Sand, gravel or earth sale and storage means a facility for storing and marketing sand,
gravel and earth.
Sanitary landfill means a site for the accumulation of refuse or other discarded
materials. However, this use shall not be construed to be a junk or salvage yard which is
maintained, used or operated for storing, keeping, dismantling, salvaging, buying or selling of
inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery
or appliances.
Sawmill means a facility having power -driven machinery for the purpose of sawing logs.
Also, accessory facilities for the drying and storage of wood materials or by-products.
School, business means a business enterprise, not a public or private school, offering
instruction and training in a service or art, such as secretary, barber and commercial artist, but
not including commercial trades or crafts.
School, commercial, trade or craft means a business enterprise, not a public, private or
business school, offering instruction and training in a trade such as welding, brick laying,
machinery operation and other similar manual trades.
School, public, private or denominational means an educational institution operated
under the auspices of either the Little Rock School Board or the Pulaski County School Board,
or an educational institution operated by private or religious agencies which provide elementary
or secondary education comparable to that which is offered by the public schools.
Seasonal and temporary sales, outside means an activity conducted on a zoning lot
involving sales of merchandise customarily sold within the principal structure and those sales by
transient users permitted in the district.
This activity shall be deemed to be an extension of the principal use of the land and subject to
bulk, area and parking regulations. Displays may be located within approved temporary
structures or as open display.
Secondhand store, used furniture or rummage shop means a facility for the sale of
secondhand or used items in which there is no outside display.
Service station means a facility for furnishing gasoline or lubricating oils or materials for
use in motor vehicles.