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COMMUNITY GOOD NEIGHBOR AGREEMENT
VAQUERO ' S NIGHT CLUB
THIS COMMUNITY GOOD NEIGHBORHOOD AGREEMENT ("Agreement") is entered into
between the owners of Vaquero ' s Night Club , (" Vaquero") located at 712 N . 20th Avenue , Pasco
WA 99301 , and the City of Pasco , a municipal corporation (" City") , for the purpose of fostering
improved public safety and to augment efforts by the City to reduce crime, nuisance activity, and
disruptive activity which may affect the neighborhood around Vaquero .
BACKGROUND FOR AGREEMENT
Vaquero has 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 "Night Club License," at the above
facility with a maximum occupancy limit of 380 people .
Vaquero intends to operate a night club with an area for live-bands performance and dancing.
Vaquero currently plans to operate four or five nights a week. The latest closing time of the
business will be 2 : 00 a. m.
Vaquero is aware that local business owners and residents of the City have concerns of potential
noise, crowd disturbances , and other alcohol-related problems in the immediate vicinity of
Vaquero .
RCW 66 . 24 . 600 entitled "Night Club License" provides : "(5 ) Local governments may petition
the board to request that further restrictions be imposed on a spirits , beer, and wine night club
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 . "
City has the ability and opportunity to file an objection to the granting of a liquor license to the
owners of Vaquero , since; such business activity is likely to cause a negative impact on public
safety, security and quiet enjoyment of the surrounding community.
Based on such community concern, Vaquero 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, represented by City.
In consideration of this Agreement by Vaquero , the City will agree to the licensee ' s request of a
liquor license .
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If granted the liquor license, Vaquero agrees to the following :
TERMS OF AGREEMENT
Vaquero will implement measures for its business and premises as follows .
1 . Vaquero 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.
2 . Vaquero will not sell any alcohol prior to 9 : 00 p .m .
3 . No bonus or salary increase will be paid to anyone based upon the sale of alcohol .
40 Vaquero will refuse to admit anyone appearing to 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 . Vaquero 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 Vaquero will
receive the initial MAST training within 30 days of their employment. Vaquero will have
a minimum of one mandatory training every year for all employees who sell and/or serve
liquor from the Washington State Liquor Control Board .
69 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 . Vaquero will maintain and 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 . nightly. Vaquero
understands that on all its operating nights , the entire parking lot for the building must be
fully illuminated when it is dusk or dark. Vaquero agrees to place additional overhead
lighting and illumination so that the center area of the parking lot is fully illuminated.
80 Vaquero shall implement security measures for its business and premises as follows .
a. Vaquero 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 but shall
not be less than one ( 1 ) security person for each 100 occupants . Such personnel
will actively work to clear the parking lot as soon as business is closed.
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
Page 2
b . Upon opening, Vaquero shall have one or more security personnel stationed at
each entrance where patrons enter .
c . No one other than Vaquero 's 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.
d . All security personnel will wear clothing that conspicuously identifies them as
security personnel, such as clothing displaying the words " SECURITY",
"STAFF" in large contracting letters , or clearly identifying business designation .
e . All security personnel shall carry a high-beam flashlight .
f. All security personnel shall carry a two -way radio capable of communicating with
other security staff.
g . Security personnel shall not fraternize with patrons except as necessary to
maintain crowd control and perform security duties .
h. Security personnel will monitor the parking lot for Vaquero while Vaquero is
open for legal activity and to ensure the safety and security of those within the
parking lot .
i . 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 .
j . Vaquero will have all security personnel attend security training.
k. All observed or suspected criminal activity shall be immediately reported to 911
and security shall make themselves available to assist officers in their
investigation and shall be made available to testify in criminal cases if necessary.
1 . Vaquero will post a code of conduct clearly visible to patrons . Such posting shall
clearly stage 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 given "No Trespass"
notice from the premises .
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
Page 3
m . Pursuant to RCW 66 . 24 . 600 ( 5 ) , in the interest of public safety, Vaquero will
submit a written safety and security plan prior to opening for business . Vaquero
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 . Upon request by either party, the parties will agree to meet to discuss
implementing additional security considerations .
n . The terms of this agreement are incorporated into Vaquero 's duties of licensee
under PMC 5 . 04 . 057 as conditions for its City business license, violation of which
may result in the revocation of Vaquero 's City business license .
90 Vaquero will serve "No Trespass Notice" from the premises to 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 "No
Trespass Notice" will be allowed back on the premises . Vaquero will keep a written log
of people given "No Trespass Notices" from its business , including but not limited to the
following information : ( 1 ) when possible, the name of the person being notified; (2) the
date and time the person was notified; (3 ) the length of the trespass (i . e . , whether
permanently or for a specific period of time) ; and (4) who communicated the "No
Trespass Notice" -to the person that they were being notified, and what they said to the
person, including in regard to the length of the person ' s restriction from the premises .
When possible, the person given no trespass notification will be given written notice .
Vaquero employees will be trained to use the list to exclude from the premises , persons
who have been previously given "No Trespass Notices . " The term "trespass , " as used
herein, means to remove and exclude a person or persons from the premises and prohibit
from returning .
10 . Vaquero will not sell bandanas , airbrushed t-shirts, items with drug or drug paraphernalia
logos or designs, and other gang paraphernalia. Vaquero agrees to cease sales of gang
paraphernalia imrriediately upon notification and request by the Pasco Police Department.
11 . Vaquero acknowledges that the Pasco Police Department is not responsible for providing
security for private businesses .
126 Vaquero agrees to maintain open lines of communication and cooperation with Pasco
Police Department and . will immediately notify Pasco Police Department of any
observed, known, or suspected criminal activity. Vaquero will cooperate in any
investigation by Pasco Police Department regarding criminal activity in and around the
premises .
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
Page 4
130 Vaquero agrees to work together with the neighborhood on crime prevention and
reduction efforts . Vaquero owners and/or management will be available to meet with
representatives of the City and neighborhood 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 owners or
managers of Vaquero by neighborhood groups and representatives, or members of the
neighborhood may request the City to address neighborhood concerns with Vaquero . A
representative of Vaquero will make reasonable efforts to attend meetings of the
neighborhood called by the City . Vaquero will provide contact numbers to the
neighborhood to allow members to reach Vaquero personnel to discuss issues of
immediate concern .
146 Vaquero will comply with occupancy limits in all areas of its facility. The occupancy
limits will be posted in the facility.
15 . Pursuant to RCW 66 . 24 . 500(5 ) , no minors will be allowed in the entire premises . Minors
are defined as persons under the age of 21 years .
160 Vaquero will encourage patrons to act in such a manner so as not to unreasonably disturb
neighboring tenants , businesses , or neighborhood members .
178 Vaquero will require that all sound amplification equipment be operated in a manner so
that Vaquero is not in violation of the City s noise control ordinance . Vaquero agrees not
to violate Pasco Municipal Code 9 . 61 , entitled "Noise Ordinance", including as amended
in the future . Vaquero shall not play live or amplified music on the exterior of the
premises without a Special Events Permit from the City.
180 Vaquero will provide regular and routine maintenance to the exterior of the premises
including window cleaning, keeping shrubbery manicured, cleaning the sidewalk, parking
lot, and area in :front of the store , and keeping the building painted. Vaquero will
immediately remove any graffiti and repair any vandalism damage to the premises .
Vaquero will provide regular and routine maintenance to the interior of the premises ,
doors , and windows .
19 . Vaquero 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 .
208 Vaquero will keep all windows clear and unobstructed. This is to ensure visibility into
and out of the building .
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
Page 5
210 The parties acknowledge that the City or neighborhood 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 neighborhood may address issues of public
safety concerns to the WSLCB regarding Vaquero 's liquor license regardless of whether
such concerns are or are not addressed by this agreement .
22 . Vaquero acknowledges that compliance with this agreement does not, by itself, constitute
fulfillment of Vaquero 's responsibility to be a good neighbor and to comply with all state
and local laws . Vaquero 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 . Vaquero will require all employees , and all persons and promoters who hold events at
Vaquero to adhere to this agreement.
24 . Vaquero 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 Vaquero to another party and be enforceable against all successors in
interest . Vaquero shall notify the City upon such transfer.
258 Vaquero 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 . Vaquero 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, Vaquero agrees to immediately cease the sale of
alcohol . Vaquero 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.
276 The parties agree that this agreement may be subsequently altered, modified, or amended
only by written agreement of the parties .
a. 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 .
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
Page 6
b . This Agreement sets for 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 .
c . 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 .
d . The laws of the State of Washington will govern this Agreement . The venue will
be Franklin County, and in the event litigation is required for the breach,
enforcement or interpretation of this Agreement, the prevailing party shall be
awarded its attorney fees and additional judgment against the other party.
e . Time is of the essence of this Agreement .
f. Each person and/or business signing this agreement on behalf of Vaquero
acknowledges that they have the authority and capacity to enter into this
agreement for, and on behalf of Vaquero .
A copy of this Agreement shall be filed with the Franklin County Auditor pursuant to RCW
39 . 24 . 040 .
CITY OF P SCO VAQUERO ' S NIGHT CLUB
B Y � _ r
Gar Crutchfiel , C t Manager Owner
.i
Date � 14, Date
Community Good Neighbor Agreement
Vaquero ' s Night Club and City of Pasco
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