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HomeMy WebLinkAboutEl Nuevo Farayon Nightclub Community Good Neighbor AgreementCOMMUNITY GOOD NEIGHBOR AGREEMENT EL NUEVO FARAYON NIGHTCLUB THIS COMMUNITY GOOD NEIGHBORHOOD AGREEMENT ( "Agreement ") is entered into between the record owner(s) of El Nuevo Farayon (El Nuevo Farayon), located at 101 West Columbia Street, 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 El Nuevo Farayon. BACKGROUND FOR AGREEMENT El Nuevo Farayon 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 "Nightclub License," at the above facility (an area of 9,388 sq.ft. ) with a maximum occupancy limit of 625 people. El Nuevo Farayon intends to operate a night club with an area for live -bands performance and dancing. El Nuevo Farayon currently plans to operate four or five nights a week. The latest closing time of the business will be 2:00 a.m. El Nuevo Farayon is aware that local business owners and residents of the City have concerns of potential noise, crowd disturbances and other alcohol - related problems and vehicle parking issues in the immediate vicinity of El Nuevo Farayon. 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 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 El Nuevo Farayon 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, El Nuevo Farayon 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 El Nuevo Farayon the City will agree to the licensee's request of a liquor license. If granted the liquor license, El Nuevo Farayon agrees to the following: TERMS OF AGREEMENT El Nuevo Farayon will implement measures for its business and premises as follows: El Nuevo Farayon 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. El Nuevo Farayon will not sell any alcohol prior to 6:00 p.m. 3. No bonus or salary increase will be paid by El Nuevo Farayon to anyone based upon the sale of alcohol. 4. El Nuevo Farayon 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. El Nuevo Farayon 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 El Nuevo Farayon will receive the initial MAST training within 30 days of their employment. El Nuevo Farayon 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. 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. El Nuevo Farayon will maintain and use security lighting to fully illuminate all patron parking lots adjacent to the building, and will turn on this lighting between dusk and 2:30 a.m. nightly. El Nuevo Farayon will ensure that patron park their vehicle only in authorized locations and upon public streets or so as not to trespass on proximate private properties, and the entire parking lot for the building must be fully illuminated when it is dusk or dark. El Nuevo Farayon agrees to place additional overhead lighting and illumination so that the entire area of the overflow parking lot is fully illuminated. 8. El Nuevo Farayon shall implement security measures for its business and premises as follows: a. El Nuevo Farayon 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 Community Good Neighbor Agreement El Nuevo Farayon and City of Pasco Page 2 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. b. Upon opening, El Nuevo Farayon shall have one or more security personnel stationed at each entrance where patrons enter. C. No one other than El Nuevo Farayon 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 lots and adjacent streets for El Nuevo Farayon while El Nuevo Farayon is open for legal activity and to ensure the safety and security of persons walking to and from their vehicles. i. El Nuevo Farayon security personnel will remain at the premises until at least one half hour after closing or until the parking lot and adjacent streets have been cleaned of debris and cleared, whichever is latest. In addition, security personnel will actively work to clear and clean up the parking lot and adjacent streets as soon as the business is closed. j. El Nuevo Farayon will have all security personnel attend security training. k. All observed or suspected criminal activity observed by El Nuevo Farayon personnel 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. El Nuevo Farayon 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 given "No Trespass" notice from the premises. Community Good Neighbor Agreement El Nuevo Farayon and City of Pasco Page 3 m. Pursuant to RCW 66.24.600(5), in the interest of public safety, El Nuevo Farayon will submit a written safety and security plan prior to opening for business. El Nuevo Farayon 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 El Nuevo Farayon'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 El Nuevo Farayon's City business license. 9. El Nuevo Farayon 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. El Nuevo Farayon 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. El Nuevo Farayon employees will be trained to use the list to exclude from the premises, persons who have been previously given "No Trespass Notices." The tern "trespass," as used herein, means to remove and exclude a person or persons from the premises and prohibit from returning. 10. El Nuevo Farayon will not sell bandanas, airbrushed t- shirts, items with drug or drug paraphernalia logos or designs, and other gang paraphernalia. El Nuevo Farayon agrees to cease sales of gang paraphernalia immediately upon notification and request by the Pasco Police Department. 11. El Nuevo Farayon acknowledges that the Pasco Police Department is not responsible for providing security for private businesses. 12. El Nuevo Farayon 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. El Nuevo Farayon will cooperate in any investigation by Pasco Police Department regarding criminal activity in and around the premises. Community Good Neighbor Agreement El Nuevo Farayon and City of Pasco Page 4 13. El Nuevo Farayon agrees to work together with the neighborhood on crime prevention and reduction efforts. El Nuevo Farayon 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 El Nuevo Farayon by business groups and representatives, or members of the business area may request the City to address neighborhood concerns with El Nuevo Farayon. A representative of El Nuevo Farayon will make reasonable efforts to attend meetings of the neighborhood called by the City. El Nuevo Farayon will provide contact numbers to the neighborhood to allow members to reach El Nuevo Farayon personnel to discuss issues of immediate concern. 14. El Nuevo Farayon 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. 16. El Nuevo Farayon will encourage patrons to act in such a manner so as not to unreasonably disturb neighboring tenants, businesses, or neighborhood members. 17. El Nuevo Farayon will require that all sound amplification equipment be operated in a manner so that El Nuevo Farayon is not in violation of the City's noise control ordinance. El Nuevo Farayon agrees not to violate Pasco Municipal Code 9.61, entitled "Noise Ordinance ", including as amended in the future. El Nuevo Farayon shall not play live or amplified music on the exterior of the premises without a Special Events Permit from the City. 18. El Nuevo Farayon 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 business and keeping the building painted. El Nuevo Farayon will immediately remove any graffiti and repair any vandalism damage to the premises. El Nuevo Farayon will provide regular and routine maintenance to the interior of the premises, doors, and windows and keep all building exits free of obstructions at all times. 19. El Nuevo Farayon will monitor the parking lot and streets immediately surrounding the premises, and provide a 30' wide unobstructed vehicle entrance /exit at West Columbia Street during hours of operation, and remove all trash and garbage on a regular basis, including immediately after the close of business. 20. El Nuevo Farayon will keep all building entry and bathroom doors clear and unobstructed at all times. Community Good Neighbor Agreement El Nuevo Farayon and City of Pasco Page 5 21. 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 El Nuevo Farayon's liquor license regardless of whether such concerns are or are not addressed by this agreement. 22. El Nuevo Farayon acknowledges that compliance with this agreement does not, by itself, constitute fulfillment of El Nuevo Farayon's responsibility to be a good neighbor and to comply with all state and local laws. El Nuevo Farayon 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. El Nuevo Farayon will require all employees, and all persons and promoters who hold events at El Nuevo Farayon to adhere to this agreement. 24. El Nuevo Farayon 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 El Nuevo Farayon to another party and be enforceable against all successors in interest. El Nuevo Farayon shall notify the City upon such transfer. 25. El Nuevo Farayon 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. El Nuevo Farayon 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, El Nuevo Farayon agrees to immediately cease the sale of alcohol. El Nuevo Farayon 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. 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 El Nuevo Farayon 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 El Nuevo Farayon acknowledges that they have the authority and capacity to enter into this agreement for, and on behalf of El Nuevo Farayon A copy of this Agreement shall be filed with the Franklin County Auditor pursuant to RCW 39.24.040. CIT By: Date l' 01J' k 3 El NUEVO FARAYON By. Martin Villanueva, Owner Date 0 4 - � 3 - ZO 11 Community Good Neighbor Agreement El Nuevo Farayon and City of Pasco Page 7