Midnite Rodeo is not coming to Clinton.

That decision was made unanimously after a final push by owner Paul Scoggins to relocate his club to Southeast Boulevard, next to Roses. At Tuesday’s City Council meeting, the mayor and City Council members riddled Scoggins with question after question about the proposed establishment and his previous involvement with a Fayetteville club shut down by police.

The Council subsequently denied the conditional use permit request by Scoggins and Midnite Rodeo to operate an entertainment facility at 403 Southeast Blvd., behind BB&T Bank and Zeng’s Chinese Restaurant.

In May, the Planning and Zoning Board denied Scoggins’ request 4-1, before sending the issue on to the City Council. Planning officials said it was believed Scoggins intended to throw out the request following that meeting, however a formal withdrawal was never submitted and the issue came back to the Council Tuesday.

It was the fourth straight month the matter was on the Council’s agenda. However, for the first time, Scoggins showed up to the Council meeting.

Mayor Lew Starling asked Scoggins to tell the board about the club he was proposing.

Scoggins said he planned to open a nightclub two to three days a week, from around 8 p.m. to no later than 2 a.m. Scoggins has stated the entertainment facility would be available for weddings, birthdays, political rallies and fundraisers. However, he said Tuesday he did not rent out the building that frequently, but rather used it for single-night and weekend promotions that often included widely-known music acts.

“They don’t have anything here,” said Scoggins, “not like what I’m proposing.”

As he was during the May Planning and Zoning Board meeting, Scoggins was again asked about his involvement with the Fayetteville club.

Starling, Council members and city attorney Dale Johnson all cross-examined Scoggins about his association with the Palamino in Fayetteville, which was ordered to be permanently closed in March by a court judge after being deemed a public nuisance and a site for criminal activity.

“How is the operation (proposed) different than the one in Fayetteville?” Starling asked. “Is it fair to say that you took the club in Fayetteville, gave it a different name and brought it here?”

Scoggins said he hoped to reach a “different clientele” with the Clinton club, which he said would offer “snacks” and serve beer, but no other alcohol. The music would also be changed somewhat from that offered at the Fayetteville location.

“The club you are proposing would serve no food, only alcohol — well, beer — and aside from the location and the music, is similar to the one in Fayetteville that was closed down...,” Starling offered.

“I guess you could say that, yeah,” Scoggins responded.

Scoggins has noted limited problems at the Palamino’s Owen Drive location. But, when it moved to the Massey Hills area of Fayetteville, Scoggins remarked, the business was adjacent to a handful of other clubs that contributed to problems.

Council member Neal Strickland asked if there was a lot of crime in that area.

“Then, now and there was before I got there,” Scoggins said.

Strickland then asked Scoggins whether any of the other businesses in the area were also shut down. Scoggins said no.

Johnson questioned the number of people and cars Scoggins anticipated would come to the proposed Southeast Boulevard location on a given night the club was open. Scoggins said he expected 600 to 800 people, with 250 parking spaces to accommodate them.

The city attorney asked Scoggins how much beer he thought that would be per night, to which the club owner replied “1,200 to 1,400.”

“How can you ensure us that this club will be different from the one in Fayetteville?” Councilwoman Maxine Harris inquired.

“I can only tell you this, and I can only promote for this crowd,” Scoggins said. “We hope to get 6 to 800 people in there.”

“Every weekend?” Harris queried.

“Yeah,” Scoggins said.

Scoggins attested that he owns establishments from Virginia to Georgia and in between, and said he has hosted such acts as Dixie Chicks and Garth Brooks. City manager John Connet questioned him about another Midnite Rodeo location in Charlotte.

“On May 11, 2008, didn’t you have a man shot at the Midnite Rodeo at 12:30 a.m. on Albemarle Road?”

“Yes,” Scoggins answered.

Clinton police Chief Mike Brim said he had conducted his own inquiry into Scoggins and the Palamino Club in Fayetteville and told Council his main concern was the public welfare of local residents.

Brim presented a six-month report from the Fayetteville Police Department, covering a span of time six months before the Palamino was shut down. The report, Brim said, included incidents involving weapons, alcohol, “numerous” assaults and drugs. There was also a homicide on the club’s property on Owen Drive, he said.

The police chief also addressed Scoggins’ request about potential security by off-duty officers with his department.

“I do not allow my officers to work on the inside of an alcohol-serving establishment,” said Brim, who added that it puts officers in a potential volatile situation. Additionally, he said, off-duty officers are not called on in such a capacity to monitor a large crowd’s alcohol consumption.

Johnson asked how far the club’s potential location was from nearby Zeng’s Chinese Restaurant.

“It is within 500 yards of the entrance of this business,” Brim answered.

“Would you say that is a family business?” Johnson asked.

“Yes,” the police chief answered.

As he had with Planning Board members, Brim told the Council he had only 33 sworn officers in his department, a police force whose numbers pale in comparison to those had by the Fayetteville Police Department.

“If a police force of 300 officers could not control it,” Brim remarked, “I don’t know how 33 police officers could control 600 people fighting in the parking lot. I ask the Council deny the request.”

The Council ultimately voted Scoggins’ request did not meet three of four conditional use permit standards taking into account public health and safety concerns.

Chris Berendt can be reached at 910-592-8137, ext. 121, or by email at sicrime@myclintonnc.com.