The Eureka Springs City Council put another hurdle in the path of a proposed gun and pawn shop, backing a recent decision by the planning decision to deny a Conditional Use Permit for the business.

The council voted 4-2 at its June 12 regular meeting against a motion that would have granted Eureka Gun and Pawn LLC, the CUP to operate a pawn and gun shop in a C2 business zoning district.

The business, located in a strip mall at 3022 E. Van Buren, is currently operating as a sporting goods store according to owner Keeling Grubb, and already has a sign on the building advertising it as a gun and pawn shop.

The appeal came before the city council after the planning commission was deadlocked 3-3 on the issue at a May 23 special meeting.

However, after hearing nearly an hour of public comments from residents at the June 12 council meeting — mostly in opposition of a pawn and gun shop — council members voted down a motion by council member Terry McClung to approve the issuance of the permit.

Council member Autumn Slane also voted in favor of the CUP while Harry Meyer, Melissa Greene, Steve Holifield and David Avanzino voted against it.

Most of the residents who spoke against the business voiced concerns about guns being sold in the city and negative aspects of having a pawn shop in the area.

Avanzino echoed many of those comments in speaking in opposition, saying that “such a store to open its doors here will not only disrupt our way of life, but also pose difficult risks to the well-being and safety of our residents.”

“While Eureka Springs has been fortunate to enjoy a relatively low crime rate, we cannot overlook the potential consequences that may arise from introducing a pawn and gun shop in our community,” said Avanzino, who also said areas with pawn and gun shops statistically have higher crime rates.

Will Kellstrom, a Rogers attorney representing Grubb, however, said personal views on selling guns or operating a pawn-type business should not be a factor when deciding whether or not to issue the CUP.

“This is not an issue of whether anyone thinks that other people ought to have guns,” Kellstrom told council members. “It’s not an issue of how everyone interprets the Second Amendment or how anyone feels about it. It’s not an issue of mass shootings and it’s not an issue of whether there should be guns sold in Eureka Springs. This is a zoning issue.

“We should be answering one question. Is this use compatible with the uses around it?”

Kellstrom laid out Grubb’s business model, which is to sell guns, gold and silver and sporting goods, in a building with a hightech security system.

“The guns will be mostly high-end, collector- grade firearms,” Kellstrom said. “This is not a pawn shop where you’re going to see old junk and equipment laying around advertised outside. It is a pawn shop where Mr. Grubb will buy anything. But [the items bought are not] going to be sold in the store. He has arrangements with nearby flea markets to sell things other than guns, gold and silver. The point I’m getting at is this is a nice, clean, established, legitimate business.”

Slane and McClung agreed.

“I frequent pawn shops,” McClung said. “There’s times that there are things that I want that I think maybe I can find them there at a little less of a cost so I’ll shop there. And when I do, I always look and see what firearms they may have because there might be something there that I like that would be collectable.

“I’m sure the statistics that you’re getting are correct, David, but you know, I go to Berryville, and I don’t see a lot of crime there. I go to pawn shops in Green Forest and I don’t see any trouble. Rogers, I don’t see any trouble. They’re good, clean businesses and they are heavily regulated.”

Slane said she has had dealings with Grubb in the past and is confident in his business model.

“I simply just don’t believe that he would operate a business that was not doing all the right things, especially when it comes to the guns,” Slane said. “Even his [business] neighbors said that they would love to have him as a continued neighbor.”

Of the 19 residents who voiced their opinions to council members during public comments, 16 spoke on the gun and pawn shop topic, with 12 people voicing opposition.

“Bars on a window in a shopping center is not a good look for a historic Victorian tourist town,” resident Kathy Atwood said. “It demeans the ambiance of Eureka Springs.”

Resident Linda Mc-Bride said no one has a constitutional right to open a business and urged the council not to set the precedent of opening a pawn and gun type business.

“Now, if at any time in Eureka’s history had they given a pawn shop [permit], then you’ve got a problem if you deny him one,” Mc-Bride said. “But, that’s never happened.”

David Parkman told council members that he supports the gun and pawn shop and that he has recently pawned items at another business already operating in the city.

“There’s no zoning codes against pawn and gun shops in Eureka,” Parkman said. “In fact, there’s been a pawn shop … Vintage Jewelry, I made a pawn there Thursday. He wouldn’t give me a ticket, he just had me write my name on an envelope and put my phone number and a ring for $105. So, there’s been pawn shops here.”

The “intro” section of the Facebook page of Vintage Jewelry — which is located on Spring Street downtown — says “Vintage Jewelry, Watches, Coins, Indian Jewelry, buy sell and trade.”

The bottom line, Parkman said, is that Grubb should get to have his business and those who don’t support it don’t have to shop there.

“People are making this a gun issue,” Parkman said. “If you don’t like guns, don’t shop at his store. It’s that simple.

“The best way to vote in free enterprise is with your pocketbooks. Let him take the risk. Let him be successful. Let him fail. If you don’t like his business, then don’t shop. … Gun shops are more regulated than anything else, including the dispensary we have here …” During back-andforth discussions between Kellstrom, Grubb and council members, Meyer questioned why “gun and pawn” is already included in the signage in front of the business.

“I just hate to allow a CUP when somebody has already put the signs up without the permits to do so,” Meyer said. “It’s just an insult.”

Grubb said that Eureka Gun and Pawn LLC does have a business license and the sign reflects the name of the company.

“We have a business license for that sign because that’s the name of the business,” Grubb said. “That’s what our business license is issued in.”

“Not by the city,” Meyer responded.

“Yes, sir, by the city,” Grubb said. “By your daughter, I believe. Is that not your daughter?”

Ida Meyer, the city clerk treasurer and daughter of Harry Meyer, responded: “I’d like to be referred to professionally. I did issue a business license for Eureka Gun and Pawn LLC for sporting goods and I wrote ‘not gun and pawn’ because I was told he wanted to order kayaks.”

“I did tell him he needed to get his CUP before operating,” Ida Meyer said.

A potential lawsuit regarding the council’s decision is possible in circuit court.

“What I’m hearing is ‘we don’t want gun shops anywhere in this town,’ and that is arbitrary and capricious,” Kellstrom said. “And I say that being a person who does not typically come to these meetings and throw out legal jargon. I try to resolve through the code of the city and through reasonable and peaceful means.

“I’m sorry, that just wouldn’t hold up in court.”