Town denied company a 2017 adult-oriented business license despite past issuances

By Terri Jo Neff

Huachuca City, Arizona – The town of Huachuca City is about to become the owner of a former strip club after the council settled a lawsuit over its denial of a 2017 adult-oriented business license to the Dusk Till Dawn Cabaret.

The council has authorized the purchase of two parcels from ME Management LLC, including a 3,143-square-foot building and an adjacent vacant lot off State Route 90. The $300,000 purchase price is in line with market value of the parcels, sources close to the case say. Huachuca City is located in western Cochise County, about 20 miles south of Benson and 8 miles north of Fort Huachuca and Sierra Vista.

The settlement was reached during court-ordered mediation and “is in the best interest of Huachuca City and its residents,” according to a resolution adopted by the town council in April. It resolves all claims made by ME Management, which sued after being denied a 2017 adult-oriented business license for Dusk Till Dawn even though it was granted the same license in 2012 to 2016.

According to court records, state law requires such businesses to be located at least 1,320-feet from homes, schools, daycares, churches, and playgrounds. But several homes are located in the buffer zone around the strip club, which the town clerk cited as grounds for denying the license in 2017.

Public records show the town adopted a commercial code more than a decade ago that didn’t prohibit homes in the buffer zone. As a result, various businesses applied for, and the town issued, licenses for strip clubs even though municipalities don’t have authority to make such changes. The town’s code has since been revised to comply with state law.  

ME Management sued in Cochise County Superior Court hoping a jury or judge would force the town to issue the license based on the company’s good faith reliance on prior town actions. But over time the focus turned toward compensatory damages for lost revenue and diminution of value.

The settlement calls for escrow to occur by Oct. 11 although town officials haven’t disclosed how the purchase will be funded. The town recently approved a bid for a Phase One Environmental inspection.  

The agreement does not include the Class 6 liquor license which had been utilized at Dusk till Dawn. That license is owned by Tucson-based GDOC LLC which is not a party to the lawsuit.

Some council members have mentioned a hope that the town can quickly sell the property. If so, it will join a 7,000-square-foot former store and a shuttered VFW hall as large commercial properties for sale or lease in the town.  

Shelter needs short-term fosters

PIMA COUNTY –Summer is almost here and Pima Animal Care Center is already seeing the seasonal increase in the number of pets walking into the doors.

There are 397 dogs and 168 cats in the shelter. People can help these pets get a much needed break, by fostering, even for a couple of days… kind of like sleepaway camp. Just a few hours outside of a kennel can do wonders for their well-being. To begin the fostering process, people who are interested can fill out the paperwork online or just come to PACC to foster a pet the same day.

PACC also wants to remind people if they see kittens by themselves, it doesn’t always mean they are abandoned. Mom is usually nearby getting food. Unless the kittens are in imminent danger, their best chance at survival is staying with their mother.

Right now the shelter is taking care of 457 number of kittens, so more fosters are needed. People can sign up for orientations here.

PACC is located at 4000 N. Silverbell Rd. A $19 licensing fee will apply to dogs. All pets adopted from PACC will come spayed or neutered, with age-appropriate vaccinations, a microchip and a free vet visit. PACC’s normal business hours are Monday through Friday, noon-7 p.m. and 10 a.m. to 5 p.m. on the weekends.

TUCSON, Arizona – The Vail Voice reported recently that Vail Arizona, a submarket of eastside Tucson, is getting its first luxury apartment complex. HSL Properties (HSL) is constructing a 312-unit luxury apartment complex in Rita Ranch at 9410 E Valencia Road, at the southeast corner of the Valencia and Nexus, adjoining the Walgreens.

The development will be called Encantada at Rita Ranch.

HSL purchased the approximately 17-acres in 2017 for $3,775,000 and has announced ground breaking to take place this month with first units available to rent for June 2020, and an anticipated completion in 18-20 months.

HSL Properties specializes in hotel and luxury complex development throughout Arizona. HSL is especially known for building quality multi-family housing in the Southwest, with headquarters in Tucson. As HSL Chairman Humberto S. Lopez, noted, “Apartments is our forte.” HSL is the single largest apartment owner in Southern Arizona.

The project will consist of 16 buildings, each 2- or 3-stories high. All apartments will be 1- to 3-bedrooms and will include covered parking and have balconies and/or patios.

The Encantada at Rita Ranch, like other Encantada luxury apartments, will include a clubhouse with a fully equipped fitness room, rental room for parties or special gatherings, a movie theater room, and a swimming pool.

For more information regarding this development and other HSL Encantada properties in Metro Tucson and Phoenix, visit https://hslproperties.com/