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HomeMy WebLinkAboutMuffett, Jamie - Community Good Neighbor Agreement - Tuscan 2COMMUNITY GOOD NEIGHBOR AGREEMENT TUSCAN 2 THIS COMMUNITY GOOD NEIGHBORHOOD AGREEMENT ( "Agreement ") is entered into between TUSCAN 2, located at 101 South 1St Street, Yakima, WA 98901, 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 TUSCAN 2. BACKGROUND FOR AGREEMENT TUSCAN 2 applied for a liquor license from the Washington State Liquor Control 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 South 1s' Street, Yakima, WA 98901. TUSCAN 2 is located in a large facility with a maximum occupancy limit of 580 people. TUSCAN 2 intends to operate a nightclub with a dance floor contained within the nightclub, and an area for bands. TUSCAN 2 currently plans to operate three (3) nights per week (Thursday, Friday, Saturday, generally, plus special events on other days as scheduled from time to time) from approximately 6:00 p.m. to 2:00 a.m. The latest closing time of the business will be 2:00 a.m. TUSCAN 2 reserves the right to operate in the future additional days per week and /or open earlier. .TUSCAN 2 is aware that local business owners and community residents, the City of Yakima and the Yakima Police Department ( "YPD ") have concerns of potential noise, crowd disturbances, and other alcohol - related problems in the immediate vicinity of TUSCAN 2. 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 the local government." The City of Yakima has the ability and opportunity to file an objection to the assumption of the liquor license by the owners of TUSCAN 2, since such service is likely to negatively impact public safety, security or quiet enjoyment of the surrounding community. Based on such community concern, TUSCAN 2 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 execution of this Community Good Neighbor Agreement with TUSCAN 2, the City of Yakima agreed to the licensee's request of a liquor license. WHEREFORE, in consideration of the mutual covenants, conditions and promises herein, the, parties agree as follows: First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 1 TERMS OF AGREEMENT TUSCAN 2 will implement measures for its business and premises as follows: TUSCAN 2 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 area. No person under twenty -one (21) years of age will be allowed to enter upon or remain within the licensed premises. 2. TUSCAN 2 will not sell any alcohol prior to 9:00 a.m. 3. No bonus or salary increase will be paid to anyone based upon the sale of alcohol 4. TUSCAN 2 will refuse to admit anyone exhibiting apparent signs of intoxication and will not serve alcohol to anyone exhibiting apparent signs of intoxication. 5. TUSCAN 2 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. Security personnel, managers, and all other employees of TUSCAN 2 will receive the initial MAST training within 30 days of their employment. TUSCAN 2 will have a minimum of one mandatory training every year for all employees 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 for taxi service for those persons who may be under the influence. 7. TUSCAN 2 will use security lighting to fully illuminate the parking lot for the building, and will turn on this lighting between dusk and 2:30 a.m. every operating night. TUSCAN 2 understands that on all its operating nights, the entire parking lot for the building must be fully illuminated when it is dusk or dark. TUSCAN 2 agrees to place additional overhead lighting and illumination so that the center area of the parking lot is fully illuminated. 8. TUSCAN 2 shall implement security measures for its business and premises as follows: a. TUSCAN 2 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. b. TUSCAN 2 anticipates that occupancy of the licensed premises during normal nights will be up to 350 people. During these nights, TUSCAN II shall have at least five (5) security personnel, plus at least two (2) Yakima Police Department (YPD) officers, working within and upon the licensed premises on a regular basis. For events or nights where occupancy exceeds 350 people, TUSCAN II will provide additional security personnel at the rate of one (1) security for every additional fifty (50) persons in attendance, up to at least eleven (11) security personnel (plus additional YPD First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 2 officers) for events or nights when occupancy is expected to reach maximum occupancy. TUSCAN 2 shall make arrangements to obtain and schedule the YPD officers at least 72 -hours Officer Gonzo Deloza ((509)728- 5807), or his successor, in advance of the officers work duty times. c. After opening, TUSCAN 2 shall have one or more security personnel stationed at all entrances where patrons enter. d. No one other than TUSCAN 2 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 identification. "Proper identification" for purposes of this Agreement means; (i) Driver's license, instruction permit, or identification card of any state or province of Canada, or 'identicard' issued by the Washington state department of licensing per RCW 46.20.117; (ii) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an embedded, digital signature in lieu of a visible signature; (iii) Passport; (iv) Merchant Marine identification card issued by the United States Coast Guard; and (v) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver's licenses. If the identification document has an expiration date, a person may not use the document after the expiration date to verify his or her age. e. 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. f. All security personnel shall carry a high -beam flashlight. g. All security personnel shall carry a two -way radio capable of communicating with other security staff. h. Security personnel shall not fraternize with patrons except as necessary to maintain crowd control and perform security duties. First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 3 Security personnel will monitor the parking lot for TUSCAN 2, while TUSCAN 2 is open for business, for illegal activity and to ensure the safety and security of the parking lot. j. 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 latest. In addition, security personnel will actively work to clear the parking lot as soon as the business is closed. k. TUSCAN 2 will have all staff and security personnel attend and complete training recommended and conducted by the Washington State Liquor Control Board or its authorized contractors. Additionally, security personnel will attend and complete security training. Security training will be conducted by persons or firms approved in advance by the Yakima Police Department. The currently assigned contact person at the Yakima Police Department for this purpose is Officer Ritch Fowler ((509) 728- 0828). I. 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. m. TUSCAN 2 will post a code of conduct clearly visible to patrons. Such 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. n. Pursuant to RCW 66.24.600(5), in the interest of public safety, TUSCAN 2 will submit a written safety and security plan prior to opening for business. TUSCAN 2 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. o. Upon request by a party, the parties will agree to meet to discuss implementing additional security considerations. 9. TUSCAN 2 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 a 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 a trespass admonishment will be allowed back on the premises. TUSCAN 2 will keep a written log of people trespassed from its business, including but not limited to the following information: (1) when possible, 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 in regard to the length of the person's trespass. When possible, the person being trespassed will be given written First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 4 notice of the trespass. TUSCAN 2 employees will be trained to use the list to exclude from the premises, persons who have been previously trespassed. 10. TUSCAN 2 will not sell bandanas, airbrushed t- shirts, items with drug or drug paraphernalia logos or designs, and other gang paraphernalia. TUSCAN 2 agrees to cease sales of gang paraphernalia immediately upon notification and request by the Yakima Police department. 11. TUSCAN 2 acknowledges that the Yakima Police Department is not responsible for providing security for private businesses. 12. TUSCAN 2 agrees to maintain open lines of communication and cooperation with YPD and will immediately notify YPD of any observed, known, or suspected criminal activity. TUSCAN 2 will cooperate, in any investigation by YPD regarding criminal activity in and around the premises. 13. TUSCAN 2 agrees to work together with the community on crime prevention and reduction efforts. TUSCAN 2'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, crowd control, criminal activity, and other issues which may impact the public safety and welfare of the community. Requests for meetings may be made directly to TUSCAN 2 by neighborhood groups and representatives, or members of the neighborhood may request the City of Yakima to address neighborhood concerns with TUSCAN 2. The City of Yakima may also, at its own initiative, address concerns to TUSCAN 2. A representative of TUSCAN 2 will make reasonable efforts to attend regularly scheduled meetings of the Yakima Community. TUSCAN 2 will provide contact numbers to the community to allow members to reach TUSCAN 2 personnel to discuss issues of immediate concern. 14. TUSCAN 2 will comply with occupancy limits in all areas of its facility. The occupancy limits will be posted in the facility. 15. TUSCAN 2 shall not conduct adult business activities in or upon the premises, nor permit any patron, customer, employee, licensee, contractor or other person to conduct or perform adult business activities within or upon the premises. "Adult entertainment" for purposes of this Agreement shall be those activities defined in the Yakima Municipal Code, including but not limited to, Section 15.09.200 of the Yakima Municipal Code. 16. TUSCAN 2 will encourage patrons to act in such a manner so as not to unreasonably disturb neighboring tenants, businesses, or community members. 17. TUSCAN 2 will require that all sound amplification equipment be operated in a manner so that TUSCAN 2 is not in violation of the City's noise control ordinance. TUSCAN 2 will maintain ultimate control over all sound amplification used on its premises. TUSCAN 2 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. TUSCAN 2 does not plan to play live or amplified music on the exterior the premises. 18. TUSCAN 2 will provide regular and routine maintenance to the exterior of the premises including window cleaning, keeping shrubbery manicured, cleaning the sidewalk in front First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 5 of the store, and keeping the building painted. TUSCAN 2 will immediately remove any graffiti and repair any vandalism damage to the premises. TUSCAN 2 will provide regular and routine maintenance to the interior of the premises, doors, and windows. 19. TUSCAN 2 will use its best efforts to monitor the parking lot immediately surrounding the premises and remove all trash and garbage on a regular basis, including immediately after the close of business. 20. TUSCAN 2 will keep all windows clear and unobstructed. This is to ensure visibility into and out of the building. 21. The parties acknowledges 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 liquor license, and that the City or community may address issues of public safety concerns to the WSLCB regarding TUSCAN 2's liquor license regardless of whether such concerns are or are not addressed by this agreement. 22. TUSCAN 2 acknowledges that compliance with this agreement does not, by itself, constitute fulfillment of TUSCAN 2's responsibility to be a good neighbor and to comply with all state and local laws. TUSCAN 2 acknowledges that the City's recommendation regarding future renewals of its liquor license is contingent upon, but not guaranteed upon full compliance with this agreement. 23. TUSCAN 2 will require all employees, and all persons and promoters who hold events at TUSCAN 2 to adhere to this agreement. 24. TUSCAN 2 agrees that, in the event of a transfer of ownership or assumption of its liquor license, the terms of this agreement will be incorporated into any agreement transferring an interest in TUSCAN 2 to another party. TUSCAN 2 agrees to notify the City upon such transfer. 25. TUSCAN 2 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 to consult with legal counsel, enters into this agreement voluntarily and freely, and understands the terms of this agreement. 26. TUSCAN 2 agrees that this is an enforceable agreement and constitutes a condition of its keeping the license, and that if any of the foregoing conditions are alleged to have been violated, upon notice from the City, TUSCAN 2 agrees to immediately cease the sale of alcohol. TUSCAN 2 may only resume the sale of alcohol after having submitted an action plan to the City, designed to ensure the violation does not reoccur. Upon acceptance and agreement that the action plan will adequately address the violation, the City will then provide written notice of such, at which time alcohol service may resume under the terms of this agreement. This agreement may be enforced by injunction, damages, or other equitable relief. 27. Miscellaneous Provisions: a. The term "trespass" as used herein means to remove and exclude a person or persons from the premises and prohibit from returning. First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 6 b. Should any provision in this Agreement be declared or determined to be illegal or invalid, the validity of the remaining parts, terms, or provisions will not be affected thereby, and the illegal or invalid part, term, or provision will be deemed not to be part of this 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 on promises or representations of any 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 as originals. e. The laws of the State of Washington will govern this Agreement. The venue will be Yakima County. f. Time is of the essence to this Agreement. g. Each person and /or business signing this agreement on behalf of TUSCAN 2 acknowledges that they have the authority and capacity to enter into this agreement for, and on behalf of, TUSCAN 2. h. TUSCAN 2 and the City of Yakima each acknowledge that it has had the opportunity to seek legal counsel regarding the terms of this agreement and enters into this agreement voluntarily. The parties agree that this agreement may be altered, modified, or amended any time after written agreement. Any alteration, modification or amendment of this First Amended 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 Clerk's Office. The City of Yakima will send a copy of this Community Agreement to the Yakima Police Department, Attention: Police Chief; to the Washington State Liquor Control Board; and will file a copy with the Yakima County Auditor. CITY OF YAKIMA By Michael A. Morales, Interim City Manager Date: �� 2d First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 7 TUSCAN 2 By mile Muffett, Owner Date: ff — 70 — I ATTEST: 4 P,K►M ' By U i Sonya Claar4be, City Cler o + B CA4t Greg Copeland, Interim Chief of Police Yakima Police Department Date: G'4 ~ 1Z First Amended Community Good Neighbor Agreement Between TUSCAN 2 and the City of Yakima - 8 LIM Date: