ROGERS — Police were called to The Bayou at least 20 times in 2010 for calls involving fights, intoxicated people and even an incident in which a knife was pulled on the owner, according to records from the Rogers Police Department.
Authorities have asked the private club’s conditional-use permit be pulled, effectively shutting the club down.
Police Chief Steve Hamilton requested the action from the city’s Planning Commission following a Dec. 29 incident which apparently tipped the scales against the club. An employee refused admittance to two uniformed police officers who were attempting to arrest an individual who was in the club at 115 N. Dixieland Road, Hamilton said.
One officer was allowed inside when he produced his driver’s license. He arrested the woman for whom the officers had a warrant.
AT A GLANCE
Private Clubs In Rogers
There are 47 registered private clubs in Rogers.
Three clubs accounted for the most calls to police in 2010.
The majority of clubs operate without major incidents or numerous calls for police service, said Steve Hamilton, police chief.
Source: Staff Report
Later, two uniformed supervisors went to the club to discuss the earlier incident and were also required to show a photo identification.
In order to operate in Rogers, a private club must have a conditional-use permit, a city business license and an Arkansas Beverage Control Board license.
One of the requirements of a state license, is police must be allowed access to a club.
Michael Langley, director of the Alcohol Beverage Control Division, said he is aware of The Bayou’s situation, but no decision has been made to intervene.
“I can’t tell you if we will close The Bayou or not. We look at each case on its own merits and we haven’t begun to assess this situation yet. We will likely wait until we know more, talk to the chief and the owner of club,” Langley said.
An attempt to mediate the situation is under way. If owner Wendell Franklin and Hamilton can agree on a solution, Hamilton said he will not pursue revoking the club’s state license.
Hamilton said he plans to meet with Franklin and his attorney to discuss the incident.
“I think if we can sit down and have a conversation we can work out or differences,” Hamilton said. “If we can’t, we will continue to pursue closing the club.”
Franklin said he’s willing to meet with the chief and he hopes to find common ground with Hamilton.
“I think it will be great if we can work this out for everybody concerned,” Franklin said. “I really don’t want to say too much at this time, but I look forward to the meeting.”
Action on revoking the conditional-use permit is on hold. The item will appear on the Tuesday’s Planning Commission agenda planners said, but Hamilton asked the matter be tabled until March 1.
Still undecided is the status of a warrant for the employee who refused police admittance to the club. The warrant is on a misdemeanor charge of obstructing governmental operations.
The woman working the door said she was doing what she was told to do. Franklin said she was enforcing state law.
City Attorney Ben Lipscomb disagreed. He said state law allows an officer to enter a private club for any reason and the badge is enough identification.
Lipscomb could not be reached for comment Wednesday. Jim Clark, deputy city attorney, said he wasn’t sure if the warrant would be dropped if Hamilton and Franklin reach an agreement, “but I suspect it might.”
There are 47 private clubs registered in Rogers, ranging from restaurants such as Red Lobster, Olive Garden and Applebee’s to clubs such as The Bayou.
Most of the clubs operate without major incident or numerous calls for service, Hamilton said. In 2010, Maverick’s Place, The Bayou and Gator’s, which is closed, had the most calls to police.
Maverick’s Place, 2101 1/2 S. Eighth St., generated the greatest number of calls, according to police records. Officers were called to the club more than 75 times in 2010 for incidents such as theft, fights, disturbances, drunken drivers and intoxicated people. That total includes police merely checking the building.
Hamilton said he plans to meet with all private club owners, with an Alcohol Beverage Control officer present, to discuss problems police have had with the clubs.
“There hasn’t been a meeting between the police, the ABC and the club owners in a while, at least not since I’ve been chief,” Hamilton said. “... I hope to meet with every owner to make sure we are all on the same page regarding city and state laws on alcohol sales and what’s expected of club owners.”