ABC Grants Conditional Liquor Permit For Club Near High School

Last updated Tuesday, January 30, 2007 9:59 PM CST in News

By Bob Caudle
The Morning News

    The state Alcoholic Beverage Control board granted a conditional liquor permit for a nightclub to a Tontitown business just a block south of Springdale Har-Ber High School.

    Edgar A. Quezada, who asked for the permit from the ABC, plans to put the club on the south side of the intersection of U.S. 412 and Jones Road at The Shell Complex. Quezada received conditional approval for the club at the board's meeting on Dec. 20.

    The intersection is a major artery for Har-Ber High School, along with an elementary school and a middle school -- all on Har-Ber Avenue.

    Final approval on the permit is conditional on the club owner's ability to meet state health codes and Tontitown's building, safety and electrical codes.

    The Shell Complex, owned by H.Y. (Hossein) Kouchehbagh of Springdale, is a strip of office-type buildings that house a gas station, restaurants and a car dealership, among other businesses.

    The site has been under scrutiny by state and local officials since 2005.

    Kouchehbagh was cited for conditions at the complex in December 2005 and January 2006 by Arkansas Department of Environmental Quality for illegally disposing of household wastes, illegally disposing of refrigerators, illegally disposing of tires and illegally disposing of abandoned automobiles. Kouchehbagh cleaned up the area.

    However, in November 2006, Shane Harrison, the Tontitown building inspector, cited the complex for a variety of violations regarding the buildings -- and the dumpsite had returned.

    Harrison said in November the buildings and land violate the property maintenance codes because of weeds, being a harbor for rodents, garbage, unsafe buildings, faulty wiring and equipment and a dilapidated house that needs to be razed on land between the dumpsite and the commercial development.

    Quezada is not listed in the phone book and officials could not provide a phone number for him Tuesday. Officials also could not provide a phone number for Kouchehbagh.

    Once the property meets ABC, city and state requirements, Quezada must inform the ABC in writing. The location then must pass a final inspection before getting approval on the permit.

    Tontitown Mayor Joe Edgmon said the proposed club is an issue he inherited, but he is attempting to have the ABC reconsider any kind of approval.

    "It happened before I took office, but I'm going to have to deal with it," Edgmon said. "It's something that, like, it just fell through the cracks."

    Harrison attempted to halt the ABC permit, sending a letter to ABC Director Robert S. Moore Jr. asking the liquor permit be denied. The letter, sent by registered mail, is dated Nov. 28.

    "I was shocked to see the permit was approved," Edgmon said. "We're having to play catch-up. If they're not in code compliance, I'm not going to approve it."

    Harrison detailed problems city officials have had with the Shell complex including safety, fire and building code violations.

    The property has also been under notice of violation from the Arkansas Department of Health because of open sewage running on the ground, Harrison's letter states.

    "A night club of this size and nature would overwhelm the city of Tontitown's ability to provide adequate emergency services to the public," Harrison stated.

    Police manpower is also a concern, Harrison said.

    The Washington County Sheriff's Office provides police service for Tontitown. The Tontitown division is staffed with three deputies, with one on duty per shift.

    Washington County Sheriff Tim Helder was in court Tuesday and could not be reached for comment.

    The proposed club could face another hurdle from the city of Springdale, whose city limits run along the north side of U.S. 412, opposite The Shell Complex.

    "Our zoning wouldn't apply because it's in another city," said Ben Peters, an engineer with the Springdale Planning and Community Development Division. "But there's a church going into the Har-Ber Meadows subdivision (northeast of The Shell Complex). I don't know if that's going to be too close to the club's site or not."

    State law prohibits locating a retail liquor business within 1,000 feet of any church or school. Peterson said the planning department is unsure if the club will fall within that distance of the school or the church.

    Reader Comments (24 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    Just what we need! wrote on Jan 31, 2007 4:30 AM:

    " My guess would be Mr. Kouchehbagh does not live in Springdale or Tontitown. Well guess what Mr. Kouchehbagh, we really don't want to be your neighbor. We don't need another loud rowdy bar in Springdale or Across the street from Springdale. If you want to rent it out to a bar put it in your back yard. "

    BOB wrote on Jan 31, 2007 6:54 AM:

    " There is already a Mexican bar in Springdale. It is so loud on Friday and Saturday nights you can hear from about 3 miles away. I feel for the citizens of Tontitown. "

    Shoeless Joe wrote on Jan 31, 2007 7:23 AM:

    " Build it, and they will come. Can't wait Kouchehbagh is an honorable man. He will always do the right thing in the end... Has not much to do with him anyway. He just leases space. Look to Mr.Quezada if you want to take pot shots. Its all about money, as always... "

    lifelongcitizen wrote on Jan 31, 2007 7:28 AM:

    " Just what we need near 3 schools, a bar. Drunk drivers driving down Jones Rd. Wake up. "

    Night Club!!! wrote on Jan 31, 2007 7:49 AM:

    " This is a Night Club....NIGHT.....there shouldn't be any kids being ran over by drunks, unless they are walking the streets at night!!! Wake up people. You have the new Buffalo Wings accross the street selling beer as soon as they open in the mornings....what about these people going there for lunch and drinking??? And just down the way you have Las Palmas selling beer...and a few others!! Wake up! It's already there!! Live and Let Live!! I'm sure it's all about the idea of the owner being Hispanic....that is always an issue with all these HUMAN Haters around here!!! I hope Mr. Quedeza gets to open his business!!! He has the right just as Buffalo Wings and the other Italian places in the area! "

    Springdale Assistance wrote on Jan 31, 2007 7:49 AM:

    " Well the Springdale Police will now add another club to their list. One deputy cannot control a bunch of drunk Mexicans. 10 Officers can't control a bunch of drunk Mexicans. There goes your tax dollars again Springdale, helping WCSO with a new club in shootings, fights, rapes, you name it, it will happen. "

    Fast Eddie wrote on Jan 31, 2007 9:04 AM:

    " I was hoping to move into the Harber area soon, now I don't know. Living in Springdale is bad enough, any place east of 40th street is already a military zone, with rapes, shootings, multiple familys trashing a single home and subsequent nieghborhoods. That spot south of 412 looks like dump anyway with the wrecked cars and the run down building with code violations, including raw sewage? I don't know how the pizza place stays there with the new shopping centers going in across the street, it seems like a legitimate business. Rent is probably real cheap huh? and is probabaly how Quazada can afford to be there in the first place. Tontitown will have to hire more police force, maybe put in a jail, should be a real revenue cash cow for the coffers though! "

    Greg wrote on Jan 31, 2007 9:45 AM:

    " Great. More drunk mexicans. And right off the highway!! Makes it easier to kill someone in a head on. And they have a way to drive to get back to the east side of Springdale. So they will be driving drunk for a good 30 or 40 minutes. The plus side is that there a couple of liquor stores between there and the east side incase they need to stop for some more booze. Lets take bets to see when the first knifing occurs. "

    night clubs wrote on Jan 31, 2007 1:09 PM:

    " i'm opposed to a liquour next to the school, i didn't realize that the buffalo wings sells liqour during the day and thats even closer to the school, darn what we need now is more redneck meth inducing caucasians driving by the school along with itallians and illegals. "

    Springdale Citizen wrote on Jan 31, 2007 5:57 PM:

    " To The Citizens of Springdale: Your police officers will be asked all the time by the Sheriff's Office to provide immediate back up to the deputies that will be responding to emergencies (fights, disturbances, shootings, stabbings, gunshots, rapes) to this new bar/club that is scheduled to open. That is right - more officers being taken off the streets to deal with drugged and drunk hispanics. I urge people to write to the ABC board to fight this permit. The SPD CAN NOT deal with anymore clubs in the area. SPD is already stretched too thin. I urge the Morning News to write an article about this issue!! This issue must come out! "

    liz wrote on Jan 31, 2007 6:28 PM:

    " another.is the same family who owns the casa torres on fayetteville. "

    lucy wrote on Jan 31, 2007 6:30 PM:

    " night clubs, I'm not sure what nationality you are but I would be careful putting Italians with illegals and meth users. Last I checked we were all legal, paying taxes and making an honest living. I don't approve of this either but it does not give me the right to put you down or classify you with this crowd. And if you are not aware what goes on in your own town than maybe you should stay out of ours. "

    moy wrote on Jan 31, 2007 9:28 PM:

    " I know some illegals from Italy "

    Bob wrote on Feb 1, 2007 7:23 AM:

    " I dont know why you think this about Mexicans. Is there not enough liquor stores, night clubs already in this area. Why not build in Fayetteville or somewhere not near the schools. Why have the police and fire dept need to add another hazard to that side of town "

    Wino wrote on Feb 1, 2007 12:40 PM:

    " Won't be any worse than the Grape Festival. There are more Mexicans than Itialians there.The person who approved the shell building now lives in St Louis....This is The Friends of Tontitown at work.. Do nothing and gripe when something like this happens.Looks like another LS for TT. "

    to lucy wrote on Feb 1, 2007 3:41 PM:

    " Last I checked we were all legal, paying taxes and making an honest living. so which one are you the italian or the meth inducing caucasian, to me they're all in the same category, illegals for being illegal, meth making caucasians well think about it, italians for waving theyre italian flags around in america haven't you heard about assimilating in to this country. so theyre all on the same boat, illegals pay taxes itin numbers, meth making caucasians probably pay taxes too, for not to attract too much attention to theyre operation, italians pay taxes aslong as pay taxes to the last don "

    american wrote on Feb 1, 2007 7:31 PM:

    " I just hope that one day you guys realize that this is america the land of immigrants not nazzi germany and if somebody doesnt like the fact of having immigrants around maybe you should move out because like I said this is america and immigration its the foundation of our country please people just be lovin with everybody and stop streotyping a group of people stop saying all mexicans are drunk or illegal because most of them are nice respecful people. "

    springdale citizen wrote on Feb 1, 2007 7:37 PM:

    " thank you for the comments agaisnt mexicans because that just makes me stronger and glad to have different opinions against my culture it doesnt make me mad it makes me want to be better may god bless all of you and thank you for making me stronger. "by the way im mexican-american" "

    TO american wrote on Feb 1, 2007 9:41 PM:

    " you need to stand up coward.this isnt all about brotherly love fool "

    Sour Grapes wrote on Feb 1, 2007 10:38 PM:

    " Don't know what all the fuss is about. I can't tell any differance between a Mexican Flag and an Itailian Flag Colors are the same,stripes ect.And they speek basically the same language. The words are almost the same. I think there will be more problems at city hall than the night club. (they have to have a policeman there everytime they meet. "

    To Night Club wrote on Feb 2, 2007 12:43 AM:

    " I think people understand it's a NIGHT club. You need to understand no one wants the loud rowdy night club in a residential area. As far as the school, There are ALOT of after school activities that occur in the NIGHT, where students will be driving away from the school. As far as Buffalo Wild Wings, It's a restaurant, just like many other restaurants that serve alcohol in Springdale that are a mix of every ethnicity that no one seems to have a problem with or complain about. Everyone knows where the problems come from, its not from our restaurants, its from our bars. I really don't care what the name of the person renting the bar is, that is not the issue. The issue is keeping the violence out of and away from our city. "

    lucy wrote on Feb 2, 2007 9:52 AM:

    " well, I am none of the above! I am married to someone of the itailan decent, I happen to native american. So, I guess you think your FULL BLOOD AMERICAN. There is nothing wrong with people being proud of where the ancestors came from and all the itlians I know are proud to be United States citizens; born and rasied here. Oh by the way, we don't pay our taxes to the last don, nor do I fly and itailan flag. I think you must watch to much tv. "

    make sure to see this wrote on Feb 2, 2007 11:29 AM:

    " Rafael Regalado-Jimenez was arrested Wednesday in connection with a felony charge of second-degree sexual assault. Regalado-Jimenez was released Thursday from the Benton County Jail . "

    ashley wrote on Feb 20, 2007 8:44 AM:

    " only in arkansas is the point completely missed and obscured by the fact that no one can get past the various races and nationalities involved. i have never read so many letters on a subject that mention either overtly or covertly, race. in this regard, you will all be judged one day, on the judgements that you made. How about trying to write a letter that does not mention race, and is just about the subject at hand? Or is this the subject at hand? "


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