HomeMy WebLinkAboutLa Forja Event Center - Community Good Neighbor AgreementCOMMUNITY GOOD NEIGHBOR AGREEMENT
THIS COMMUNITY GOOD NEIGHBOR AGREEMENT ("Agreement") is entered into between
La Forja Event Center located at 10 % E Washington , Yakima, WA 98903, and the City of Yakima,
a municipal corporation ("City"), and the Yakima community ("Community") for the purpose of
fostering improved public safety and to augment efforts by the City and the community to reduce
crime, nuisance activity, and disruptive activity in and around La Forja.
BACKGROUND FOR AGREEMENT
La Forja applied for a liquor license from the Washington State Liquor and Cannabis Board
("WSLCB") specifically to sell liquor by the drink, beer, and wine at retail, for consumption on the
licensed premises, pursuant to RCW 66.24.600 entitled "Nightclub License", at the above listed
location at 101/2 E Washington Ave, Yakima, WA 98903. La Forja is located in a large facility with
a maximum occupancy limit of 1037 people.
La Forja intends to operate a nightclub/event center with a bar area within the
establishment. La Forja currently plans to operate approximately three nights a week from
approximately 4:00 p.m. to 2:00 a.m. The latest closing time of the business will be 2:00 a.m. La
Forja reserves the right to operate in the future on additional days per week and/or open earlier.
La Forja shall inform the City of Yakima of any change in hours of operation by updating the Liquor
Live Entertainment license with the City of Yakima Codes Administration.
La Forja is aware that local business owners and community residents, the City of Yakima,
and the Yakima police department ("YPD") have concerns about potential noise, crowd
disturbances, and other alcohol -related problems in the immediate vicinity of La Forja.
RCW 66.24.600 entitled "Nightclub license" provides: "(5) Local governments may
petition the board to request that further restrictions be imposed on a spirits, beer and wine
nightclub license in the interest of public safety. Examples of further restrictions a local
government may request are: No minors allowed on the entire premises, submitting a security
plan, or signing a good neighbor agreement with local government."
The City of Yakima has the ability and opportunities to file an objection to the assumption
of the liquor license by the owners of La Forja, since such service is likely to negatively impact
public safety, security, quiet enjoyment in the surrounding community, and alleviate concerns of
the community.
Based on such community concern, La Forja agrees to be a good neighbor by operating
its business in a manner that will help to improve public safety, security, quiet enjoyment in the
surrounding community, and to alleviate concerns of the community.
In return for the execution of the Community Good Neighbor Agreement of La Forja, the
City of Yakima agrees to the licensee's request of a liquor license.
La Forja agrees to the following:
TERMS OF AGREEMENT
La Forja will implement measures for its business and premises as follows:
1. La Forja will comply with all regulations of the WSLCB, including the manner of sale and
service of alcoholic drinks. Alcohol will be sold only from WSLCB-approved containers. All
alcohol will be served from behind the bar.
2. La Forja will not sell any alcohol before 9 a.m.
3. No bonus salary increase will be paid to anyone based upon the sale of alcohol.
4. La Forja will refuse to admit anyone appearing to already be under the influence of alcohol
or drugs and will not serve alcohol to anyone appearing to already be under the influence
of alcohol or any drug.
5. La Forja will require all employees who sell and/or serve alcohol to attend initial
Mandatory Alcohol Server Training ("MAST") that is conducted by private firms approved
by the Washington State Liquor Control Board, as well as receive ongoing MAST training.
All employees of La Forja will receive the initial MAST training within 30 days of their
employment. La Forja will require one mandatory training every year for all employees
who sell and/or serve liquor from the Washington State Liquor Control Board.
6. Phone numbers of taxi services will be made readily available through table cards, signs,
and from employees. All employees will offer to call a taxi service for those persons who
may be under the influence.
7. La Forja will fully illuminate the parking lot, and areas where people may gather, for the
building, and will turn on the lighting between dusk and 2:30 a.m. every operating night.
La Forja understands that on all of its operating nights, the entire parking lot for the
building must be fully illuminated when it is dusk or dark. La Forja agrees to place
additional overhead lighting and illumination so that the center area of the parking lot is
fully illuminated.
8. La Forja shall implement security measures for its business and premises as follows:
a. La Forja shall have working security cameras inside and outside the business that
provide sufficient coverage of activity in common areas. All interior and exterior
cameras shall be connected to a device or service that records the video images for
playback. Recorded video and images will be retained for a minimum of 30 days. La
Forja shall allow YPD access to the security cameras during open hours of operation
and must provide an employee who can assist in accessing the security camera
footage.
b. La Forja shall employ adequately trained security personnel in sufficient numbers to
patrol and maintain order among patrons within the establishment and in the parking
lot. The number of such security personnel shall be determined by the anticipated size
of the crowd and prior experience with similar events. Such personnel will actively
work to clear the parking lot as soon as business is closed.
c. La Forja shall have at least 15 security personnel working on a regular basis. In the
event the maximum occupancy limit is increased, the security personnel required shall
be calculated at a ratio of 1 security personnel per 70 attendees.
d. After opening, La Forja shall have one or more security personnel stationed at
entrances where patrons enter.
e. No patron shall enter La Forja without first presenting valid identification.
f. No one other than La Forja security personnel, shall check for proper identification
when entering the establishment. Persons checking identification shall be properly
trained in recognizing legal forms of identification as well as detecting false
identifications.
g. All security personnel will wear clothing that conspicuously identifies them as security
personnel, such as clothing displaying the words "SECURITY", "STAFF" in large
contrasting letters, or clearly identifying business designation.
h. All security personnel shall carry a high -beam flashlight.
i. All security personnel shall carry a two-way radio capable of communication with
other security staff.
j. Security personnel shall not fraternize with patrons except as necessary to maintain
crowd control and perform security duties.
k. Security personnel will monitor the parking lot for La Forja while La Forja is open for
illegal activity and to ensure the safety and security of the parking lot.
Security personnel will remain at the premises until at least one-half hour after closing
or until the parking lot has been cleared, whichever is later.
m. La Forja will have all security personnel attend security training.
n. All observed or suspected criminal activity shall be immediately reported to 911, and
security shall make themselves available to officers and shall be made available to
testify in criminal cases if necessary.
o. La Forja will post a code of conduct clearly visible to patrons. The posting shall clearly
state the expectations of persons entering the business. The posting must include a
statement that no criminal or disorderly conduct will be tolerated and that police will
be notified in all instances of illegal activity. The posting will also state that persons
engaging in disorderly conduct will be trespassed from the premises.
p. Pursuant to RCW 66.24.600(5), in the interest of public safety, La Forja will submit a
written safety and security plan before opening for business. La Forja understands and
agrees that its written security plan may need to be updated and/or revised in the
future as circumstances and experiences in operating the business warrant.
q. La Forja shall allow YPD to install portable crime reduction technology if needed, such
as a Flock camera, on the exterior property in a minimally invasive location.
r. Upon request by a party, the parties will agree to meet to discuss implementing
additional security considerations.
9. La Forja will trespass from the premises anyone suspected of/or exhibiting signs of illegal
activity, any person entering or attempting to enter the premises with any weapon, any
person who refuses to cooperate with security, management, or employees, any person
causing disturbance, and any person presenting or facilitating the presentation of false
identification. Proper identification will be requested in the normal course of business.
No person having previously received trespass admonishment will be allowed back on the
premises. La Forja will keep a written log of people trespassed from its business, including
but not limited to the following information: (1) the name of the person being trespassed;
(2) the date and time the person was trespassed; (3) the length of the trespass (i.e.,
whether permanently or for a specific period of time); and (4) who communicated the
trespass to the person that they were being trespassed, and what they said to the person,
including the length of the person's trespass. When possible, the person being trespassed
will be given written notice of the trespass. La Forja employees will be trained to use the
list to exclude persons from the premises who have been previously trespassed.
10. La Forja will not sell bandanas, airbrushed T-shirts, items with drug or drug paraphernalia
logos or designs, and other gang paraphernalia. La Forja agrees to cease sales of gang
paraphernalia immediately upon notification and request by the Yakima Police
Department.
11. La Forja acknowledges that the Yakima Police Department is not responsible for providing
security for private businesses.
12. La Forja agrees to maintain open lines of communication and cooperation with YPD and
will immediately notify YPD of any observed, known, or suspected criminal activity. La
Forja will cooperate in any investigation by YPD regarding criminal activity in and around
the premises. La Forja shall not prevent uniformed police personnel from accessing the
site for routine checks for code violations.
13. La Forja agrees to work together with the community on crime prevention and reduction
efforts. La Forja's owners and/or management will be available to meet with
representatives of the City of Yakima and community members, as may be necessary and
upon request to discuss concerns of the neighborhood and the city regarding security,
crown control, criminal activity, and other issues which may impact the public safety and
welfare of the community. Request for meetings may be made directly to La Forja by
neighborhood groups and representatives, or members of the neighborhood may request
the City of Yakima to address neighborhood concerns with La Forja. The City of Yakima
may also, at its own initiative, address concerns to La Forja. A Representative of La Forja
will make reasonable efforts to attend regularly scheduled meetings of the Yakima
Community. La Forja will provide contact numbers to the community to allow members
to reach La Forja personnel to discuss issues of immediate concern.
14. La Forja will comply with occupancy limits in all areas of its facility. The occupancy limits
will be posted in the facility. La Forja is responsible for operating and maintaining an
accurate occupant counting device, and must be able to demonstrate accurate occupant
counts upon the City's request.
15. Pursuant to RCW 66.24.600(3), minors may be allowed on the licensed premises but only
in areas where alcohol is not served or consumed. Minors are defined as persons under
the age of 21 years.
16. La Forja will encourage patrons to act in such a manner so as not to unreasonably disturb
neighboring tenants, businesses, or community members.
17. La Forja will require that all sound amplification equipment be operated in a manner so
that La Forja is not in violation of the City's noise ordinance. La Forja will maintain ultimate
control over all sound amplification used on its premises. La Forja agrees to not violate
Yakima Municipal Code 6.04.180, entitled "Public Disturbance Noise", or as the YMC
provisions on noise may be amended in the future. La Forja does not plan to play live or
amplified music on the exterior premises without seeking additional permits.
18. La Forja will provide regular and routine maintenance to the exterior of the premises,
including window cleaning, keeping shrubbery manicured, cleaning the sidewalk in front
of the establishment, and keeping the building painted. La Forja will immediately remove
any graffiti and repair any vandalism damage to the premises. La Forja will provide regular
and routine maintenance to the interior of the premises, including doors and windows.
19. La Forja will use its best efforts to monitor the parking lot immediately surrounding the
premises and remove all trash and garbage regularly, including immediately after the
close of business.
20. La Forja will keep all windows clear and unobstructed. This is to ensure visibility into and
out of the building.
21. The parties acknowledge that the City or community may request the WSLCB to consider
compliance or non-compliance with this agreement in making any decision on renewal of
the liquor license, and that the City or community may address issues of public safety
concerns to the WSLCB regarding La Forja's liquor license, regardless of whether such
concerns are or are not addressed by this agreement.
22.LaFm 'aacknoxvedgesthatconnpUancew/iththbagreennentdoesnot by itself, constitute
fulfillment of La Fo'a~s responsibility to be a good neighbor and to comply with all state
and local laws. La Fo 'a acknowledges that the Cit«'s recommendation regarding future
renewals of its liquor license is contingent upon, but not guaranteed upon, full compliance
with this agreement.
33.LaFojawiUraQuireallernp|oyeas and all persons and promoters who hold events atLa
Forja to adhere to this agreement.
24' La Fo 'a agrees that, in the event of transfer of ownership or assumption of its liquor
license, the terms of this agreement will be incorporated into any agreement transferring
an interest in La Fo'a to another party. La Fo 'a agrees to notify the City upon such
transfer.
35.La Fo'a agrees that, in the event La Fora rents leases, orotherwise allows use of the
property to any third party, La Fo 'a and any renter, lessee, guest or invitee shall fully
comply with this agreement. La Fo'a shall require any renter or lessee to have 1 security
personnel per 70 attendees, with no fewer than 5 security personnel total.
36. La Fo 'a acknowledges that it has had the full opportunity to seek legal counsel regarding
the terms of this agreement, has made its own decisions on whether or not tocmnsult
with legal counsel, agrees voluntarily and freely, and understands the terms of this
agreement.
27.La Fo 'a agrees that this is an enforceable agreement and constitutes a condition of
maintaining the license, and that if any of the foregoing conditions are alleged to have
been violated, upon notice from the City, La Fo'a agrees to immediately cease the sale
ofalcohol. LaFo'amay only resume the sale ofalcohol after having submitted anaction
plan to the city, designed to ensure the violation does not recur. Upon acceptance and
agreement that the action plan will adequately address the violation, the City will provide
written notice ofsuch, atwhich time alcohol service may resume under the terms ofthis
agreement. This agreement may beenforced byinjunction, dannages,ormtherequitab|e
38. La Fo 'a agrees to maintain current and compliant fire life safety elements required by
Title 1Dofthe Yakima Municipal Code (YMC), including a compliant fire sprinkler system,
fire alarm system, fire extinguishers, emergency lighting and signage, etc. These elements
and other requirements shall be verified by annual inspections conducted by the citv's
Community Risk Reduction Specialists /C0RS1.All requirements and corrections issued by
the CRRS shall be complied with prior to holding public or private events within the
establishment.
29. La Forja agrees to obtain and maintain all required city business licenses required by Title
5ofthe YK4C. LaFo'aunderstands the business license revocation provisions outlined in
YKHC5.O1.
30.La Fo 'a understands that they are not to operate until they hold a valid Certificate of
Occupancy issued by the Office of Code Administration.
31. Miscellaneous Provisions:
a. The term "Trespaas"asused herein means toremove and exclude a person orpersons
from the premises and prohibit them from returning.
b. Should any provision inthis Agreement be declared ordetermined to be illegal or
invalid, the validity of the remaining parts, terms, or provisions will not be affected
thereby, and the illegal or invalid port, term, or provision will be deemed not to be
part ofthis Agreement, and all remaining provisions will remain valid and enforceable.
c. This agreement sets forth the entire agreement between the parties and fully
supersedes any and all prior agreements and understandings between the parties
pertaining to the subject matter of this Agreement. In entering into this Agreement,
the parties are not relying onpromises orrepresentations ofany sort except those set
forth in writing herein.
d. The parties may execute this Agreement in one or more counterparts. All counterparts
will be construed together and will constitute one agreement. Fax or photocopies will
be considered the same osoriginals.
e. The laws of the State of Washington will govern this Agreement. The Venue will be
Yakima County.
f. Time isofthe essence tothis Agreement.
g' Each person and/or business signing this Agreement on behalf of La Fo'o
acknowledges that they have the authority and capacity to enter into this agreement
for, and onbehalf ofLaFo'o.
h. La Fo'o and the City of Yakima each acknowledge that it has had the opportunity to
seek legal counsel regarding the terms of this Agreement and enter into this
Agreement voluntarily.
L The parties agree that this Agreement may be altered, modified, or amended at any
time after the written Agreement is executed. Any alteration, modification, or
amendment of this Community Good Neighbor Agreement must be in writing and
signed by the parties.
The original or a copy of this Community Good Neighbor Agreement shall be filed in the City of
Yakima Police Department, Attention: Shawn Boyle; to the Washington State Liquor Control
Board; and will file a copy with the Yakima County Auditor.
CITY OF Y,+; I< '+ A LA FORJA
By:
Date:
ictoria Baker, Ci Manager
ATTEST:
By:
Jay
Date:
CITY CONTRACT NO' 1o2S_ t o
RESOLUTION NO: r
By:
eely, Acting Chief of Police
Date: °'
By:
Date:
oore, Lieutenant