Council upholds Planning decision on pawnshop

On May 23, the Planning Commission held a special meeting that resulted in denial of a Conditional Use Permit to Keeling Grubb for Eureka Gun & Pawn at 3022 E. Van Buren, zoned C-2 and thus allowed to have a pawnshop with an approved CUP. The June 12 city council meeting saw the Planning Commission’s decision up for appeal.

Many public comments voiced opposition to the operation of a pawn business in city limits and the marketing of firearms, as well. Arguments against the application appeal noted a concern over pawnshop reputations, the concern of theft of both items and firearms, and the number of mass shootings around the country.

Not all comments were against the store, though, with several members of the public supporting the application. Bill Billings described the family wanting to open the store as “upstanding” and that council needed to be fair for anyone wanting to open a business.

Another resident pointed out that any bias against the sale of firearms should not be considered in the application as the issue was strictly zoning related. They argued that since the sale of firearms was allowed in C-2 zones, with a CUP, there was nothing else stopping the application beyond personal bias. Another comment supported the shop saying that it would offer a regulated place for the purchase of firearms, as well as small loans on personal items offered as collateral.

Attorney Will Kellstrom, representing Keeling Grubb, said that the issue had nothing to do with second amendment interpretations, or whether guns should be sold in Eureka Springs, but was solely a zoning issue. Kellstrom argued that the Planning Commission denied Grubb’s application on the “sole reason” of not wanting guns sold in the city limits and not on reasons outlined in zoning code, such as whether the business would increase traffic congestion or if it were compatible with other shops in its neighborhood.

Kellstrom said that Grubb had 10 security cameras in place on the property, as well as a large safe for firearms, describing security as “tight.” He also said that with code saying that the sale of firearms in a C-2 zone is allowed under a CUP, and the Planning Commission arguing that they did not want gun sales in Eureka Springs, they were effectively regulating the sale of firearms which a city “is pre-empted” from doing.

Alderman David Avanzino voiced strong opposition to the appeal citing statistics that showed correlation between the existence of pawn shops and increase of crime rate, as well as arguing that visitors seeking a “picturesque location” may be deterred by the sight of a shop that sells firearms. Alderman Harry Meyer said there was no constitutional right for someone to sell firearms. He also called putting up of a business sign before the CUP was granted “an insult.”

Grubb argued that the business complex has a sign permit for the entire complex and that the business already had a license to operate in the city as a sporting goods store, thus the sign being up was compliant. He said they had been investigated by the city for selling firearms and pawning items, which was not happening, and the items sold in the store were only camping supplies. He said the name of the business the license was listed under is Eureka Gun & Pawn. In addressing Meyer he said that the license was issued, “By your daughter,” referring to City Clerk Ida Meyer. “Is that not your daughter?” Kellstrom asked.

The city clerk requested to be referred to professionally and said she had issued the license after being told that Grubb “wanted to order kayaks.” She said she informed Grubb he would need a CUP before operating and wrote on the license that it could not function as a gun and pawnshop.

Grubb repeated he has a sporting goods license and the store has a stock of “hydrated foods, tents, everything you need to go camping” and said he didn’t understand how they were any different from a flea market, other than they wished to buy and sell firearms.

Alderman Meyer and Grubb argued on whether the business was operating in compliance of its license seemingly based off the name of the business being “Gun & Pawn.”

Alderman Autumn Slane, who attended via ZOOM, voiced support for Grubb saying that her business with him in the past was respectful and that gun sales did not necessarily equal an increased crime rate. Alderman Terry McClung also gave support for the pawnshop. He clarified he wasn’t saying the statistics Avanzino presented were false, but he didn’t see there were increased crime troubles in Berryville and other small cities with pawnshops.

Alderman Meyer said that council should uphold Planning’s decision, arguing that if they overruled Planning in this decision, they “might as well throw in the towel.” Kellstrom once again argued that city code allowing the business sometimes, and Planning arguing they should never be allowed, was “arbitrary and capricious” and that it wouldn’t hold up in court. Meyer fired back that the sale of firearms being denied was, “That’s a sometimes. Get it?”

McClung motioned to approve the appeal with Slane seconding, but the vote failed 4-2.