Arkansas restaurant set to move after license denied

County exec’s veto leaves eatery without club permit

Los Tigres restaurant in Faulkner County was denied a permit to sell alcohol, and the owner says he now plans to move his business to Conway.
Los Tigres restaurant in Faulkner County was denied a permit to sell alcohol, and the owner says he now plans to move his business to Conway.

HAMLET -- Gino Rangel flipped a row of dozens of flour tortillas roasting on a commercial griddle, wiped his hands on a kitchen towel, then pointed through an open doorway in front of him to the dining room of Los Tigres restaurant.

Chairs were stacked high, bulging packing boxes dotted the padded-booth seats, and rustic decor that once adorned the walls was scattered on the floor.

Outside, the small restaurant -- born from an old, metal barn and repainted white with mustard-yellow trim -- sat just off the intersection of U.S. 64 and Arkansas 36. Rangel's sports utility vehicle was backed up to the front door, its rear hatch open so he could load the restaurant's contents in between completing a catering order.

"I'm just tired of fighting," he said, shaking his head in defeat. "It's been a year. I could hire an attorney and keep dragging it on, but I'm just tired."

The Faulkner County Quorum Court on Aug. 20 had approved Rangel's bid to apply for a private-club license, which would allow him to serve beer to his customers. But six days later, Jim Baker, the county judge of Faulkner County, vetoed the measure -- the first use of his veto powers in the 4½ years he's been in office as the county's chief executive.

Faulkner is a dry county, which means no alcohol can be sold unless a business is certified and regulated by the state Alcoholic Beverage Control Division as a private club.

In 2017, the state Legislature added another hurdle to the approval process with the passage of Act 1112, which requires private-club permit applications to include an approving ordinance from the governing body of the county or municipality where the club will be located.

Without the local endorsement, the permit application is dead in the water, said Scott Hardin, a spokesman for the Alcoholic Beverage Control Division.

"There is not an alternative that may be included to replace the ordinance," Hardin said.

Rangel had sought the Faulkner County Quorum Court's approval when he first moved his business from Conway to the rural location last year, but was quickly denied. He decided to try again after a handful of new members joined the court in January.

"The new, young people, they understand," Rangel said. "The old people are set in their ways. Why would they vote it down when they go in restaurants and have a beer, too?"

Baker said the location -- which sits off "one of the busiest intersections in Faulkner County," across from a church and next door to a student ministry -- is not suitable for an alcohol-serving establishment.

"I had no intention of putting him out of business," Baker said. "I followed the will of the people who contacted me. Everybody that came before the court talked against it. We didn't have one person supporting the permit."

Rangel, who moved his restaurant from Amity Road in Conway because he liked the new rural location, said he just wants his patrons to be able to sip a beer or two while they eat a good Mexican meal.

"They come in and sit down with the family, and maybe the father has one $5 beer," Rangel said. "They won't come here to get drunk. It's more food than drink. The system is so political."

Over the past five years at the Conway location, Rangel was cited only once, in 2017, for selling alcohol to a minor, Hardin said.

"A $300 fine was paid, and the establishment completed a brief probationary period," Hardin said.

Rangel's bid for the endorsement passed the 13-member Quorum Court with Jim Houston, Kris Kendrick, Tyler Lachowsky, Tyler Pearson, John Pickett, Rosie Roland and J.T. Toal voting to support Rangel's application. Zack Cates, Randy Higgins, Justin Knight, and Andy Shock voted against the request.

Justice of the Peace Steve Goode voted "present." Justice Jerry Boyer was absent.

Goode, who represents District 3 where Los Tigres is located, was recently named as administrator over Alcoholic Beverage Control and its enforcement arm, Arkansas Tobacco Control and the state Racing Commission.

"Due to this, in his role on the Quorum Court, he abstained from casting a vote in support or opposition of this permit," Hardin said.

Baker said Rangel's request was the first he's fielded since the new law took effect.

There are 60 private-club permits in Faulkner County -- all but three of them in the city limits of Conway, according to data obtained from Alcoholic Beverage Control.

Lachowsky said Baker's veto surprised him.

"In my few years of watching the court, I've never seen a veto before," Lachowsky said. "I really didn't know how the judge sat on the issue. I just believe the owner should be free to choose how to best run their business. I don't want to limit Faulkner County or the business owners in Faulkner County."

Kendrick said supporting Rangel in his business would have been "good for our county's growth."

"The gentleman had already made a significant investment, and he had an upstanding business reputation with ABC," Kendrick said. "He was just wanting to move out to the country. Conway has private clubs, and they already exist in the county. It seemed like a positive thing."

Lachowsky said he's worried Baker's veto will set a dangerous precedent in the county for future business owners wanting to locate outside Conway.

"What happens if we approve someone else in the future?" Lachowsky said. "Is he [Rangel] going to come back and sue Faulkner County?"

Baker said that he wants Faulkner County to be as "progressive as can be," but his main objection was Los Tigres' location, next to a church and a busy intersection.

"It's unreal how busy that intersection is. That had a lot of bearing with me. Safety is number one," Baker said. "And it's the law of the land, you don't put an establishment that serves alcohol next to a church."

Rangel, who has lived in Faulkner County for six years, said he's moving his business back to Conway where the attitude toward having a beer with your food is more amenable. He has a potential site on Dave Ward Drive.

"It's going to be more like a sports club with Mexican food and music," Rangel said. "This has all been so stressful. I invested so much money. Yesterday, I just had to leave and go home early. Can you imagine having to pack up everything you've worked for?"

Obits on 09/03/2019

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