ROGERS — A request by Police Chief Steve Hamilton to take action which could close The Bayou, a private club, was tabled Tuesday by planning commissioners.
Hamilton asked the commission to revoke a permit the club must have to operate within the city. He took the action following a December incident in which officers were barred from entering the club.
Attorney Bill Horton, representing club owner Wendell Franklin, requested he be given time to investigate any complaints against the club leveled by the Police Department or the Arkansas Alcohol Beverage Control Board.
"We didn't learn the Planning Commission was considering revoking the license until yesterday," Horton said. "I haven't had time to conduct an investigation into any of the allegations. I request you table this to give me time to prepare a defense."
City Attorney Ben Lipscomb said, under the circumstances, he thought the request was reasonable.
Horton filed Freedom of Information Act requests with the Police Department asking for incident reports and calls for service at the club over the past two years and with the city attorney for any investigative reports on possible criminal charges against an employee of The Bayou. He filed an FOIA request with the Alcohol Beverage Control Board asking for reports of investigations conducted.
AT A GLANCE
Conditional Use Permit
Conditional use means uses permitted in zones where they are specifically listed as conditional uses, and are subject to special conditions as determined by the planning commission and city council as outlined in section 14-722 of the city ordinance.
Source: Staff Report
Police Lt. Hayes Minor outlined the Dec. 29 incident.
Minor said two uniformed officer went to the club with a felony warrant to arrest a woman believed to be in the club. The officers were stopped at the door by a club employee who told the officers they could not enter unless they produced a state-issued photo identification. One officer did; the other officer had left his wallet in the car.
Once the officer produced a driver's license he was admitted to the club and arrested the suspect. The other officer remained at the door.
A few hours later two sergeants, also in uniform, went to the club to talk to the owner about the earlier incident. The sergeants were also asked to produce a state-issued photo identification before being allowed in the club.
Lipscomb said by stopping the officers, the employee interfered with governmental operations. The city attorney's office is in the process of issuing a warrant for the unidentified employee.
Commissioner Jim White asked Lipscomb to identify what permit the police chief was asking the commission to revoke.
Lipscomb explained The Bayou existed before the commission made a conditional use permit mandatory in order to operate a private club.
"Just because the commission didn't issue a conditional use permit doesn't mean the commission has no control," Lipscomb said. When an operation is grandfathered in, it's assumed to have a de facto conditional use permit, Lipscomb added.
"What the chief is asking is for the commission to revoke that permit," Lipscomb said.
Hamilton has also talked to the state about pulling the club's alcohol license, Minor said.
Michael Langley, director of the Alcohol Beverage Control Division was in a meeting Tuesday afternoon and did not return a phone call by 5 p.m.
Horton said he was satisfied that the matter was tabled.
"The two-week delay will give me time to look at the 40 complaints against the club over a two-year period to determine if all of the complaints and calls for service are valid," Horton said. "If nothing has been filed with the ABC, I don't know how the club can be closed as a public nuisance."