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RES 2013-0228 - Clerk authorized to approve SDL lics for celebration of St Patrick's Day CI: AO IF N��4 i1 ! l 1 I L1 � `� s t Law Department C, c�". "'Ss. v �rri .�' Omaha/Douglas Civic Center x +t� t� 13 F -) 1819 Farnam Street,Suite 804 obi}��e: °- _<ro� Omaha,Nebraska 68183-0804 i0�y (402)444 5115 Wren FEaR�r4 (•; f C} : '° Telefax(402)444-5125 City of Omaha n1,4 ;, p 1 Paul D. Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted for your consideration. The Resolution allows the sale and distribution of alcoholic liquor beginning at 6:00 a.m.on St.Patrick's Day,Sunday,March 17,2013, on the premises of holders of special designated licenses for that date. Nebraska law allows a city by ordinance to set the hours for the sale of alcohol within the city on Sundays. Omaha Municipal Code section 15-2 generally prohibits the sale or distribution of alcohol on licensed premises before 12:00 noon on Sunday. But that ordinance allows the City Council to establish other hours for the holder of special designated licenses at the time the SDL application is considered. This resolution exercises that authority by authorizing the City Clerk to approve SDL applications for St. Patrick's Day if the holder wishes to sell alcoholic liquor prior to noon. Those applications do not need to be submitted for your consideration,but may be approved by the Clerk as your designated agent. This is a one-time exemption to the Sunday morning sales prohibition. A similar waiver of the Sunday morning sales prohibition was granted for St. Patrick's Day in 2002. All applications must be submitted in time to meet the state's requirement that it receive SDL applications at least 10 days in advance of the event or 21 days in advance'by licensees holding a catering license. Respeptful lW° submitted, . //7" e1/ 7n/7/ It-- .e '. '' ' ...„ 2Thomas O. Mumgaard Cy Deputy City Attorney p:\law—city council documents\2013\50005s1w doc REQUEST TO LAW RECEIVED _M DEPARTMENT 013 FEB -6 PS I; 20 LAW DEPARTMENT USE ONLY: LOG BOOK# 23-13 = CLERK TO: Paul Kratz, City Attorney DATE ASSIGNED '02/06/13 DATE: February 6, 2013 ASSIGNED TO 1/4K•41♦a/q/ DATE ANSWERED o2 J (, I i WITHDRAWN REQUEST BEING MADE BY: Buster Brown /0 City Clerk 5557 (NAME) (DEPARTMENT) (PHONE) TIME LINE: FEBRUARY 12, 2013 CITY COUNCIL AGENDA 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT REQUEST FOR: RESOLUTION TO WAIVE SUNDAY SALES HOURS (State Specifically What You Are Requesting) DETAILS: Please prepare a resolution to waive the provision of Omaha Municipal Code section 15-2, prohibiting the sale of alcoholic liquor before 12:00 noon on Sunday; to authorize the sale of distilled spirits commencing at 6:00 a.m. on Sunday, March 17, 2013 for St. Patrick's Day. INFORMATION ATTACHED: YES NO NONE AVAILABLE X C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Nebraska Revised Statutes section 53-179 provides that,except as allowed by ordinance,no alcoholic liquor may be sold at retail or dispensed between the hours of 6:00 a.m. and 12:00 noon on Sundays; and, WHEREAS,Omaha Municipal Code section 15-2 provides that alcoholic liquor may not be sold within the City before 12:00 noon on Sundays,but authorizes the City Council to establish by resolution earlier hours for a holder of a special designated liquor license; and, WHEREAS, this City Council desires to allow persons within the City holding special designated licenses for Sunday, March 17, 2013, to sell and dispense alcoholic liquors on their licensed premises beginning at 6:00 a.m. for the celebration of St. Patrick's Day. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: In accordance with section 15-2(c)(1)and, in addition to the authority otherwise granted by the Omaha Municipal Code,the City Clerk is hereby authorized to approve special designated liquor licenses allowing the sale of alcoholic liquor between 6:00 a.m. and noon on March 17,2013,for the celebration of St. Patrick's Day. BE IT FURTHER RESOLVED, This resolution does not alter any other restrictions on the sale,distribution,consumption,or possession of alcohol otherwise provided by law or ordinance other than as expressly altered herein. APPROX/Ehe/ AS 0 FORM: 7, , ,, , OEPUTY CITY A TO p:\law—city council documents\2013\50006s1w.doc 29-77424 . 1� By C un ilmember Adopted ' 1 2 2013 7-'® Cit lerk 2/j��23 /201092 Approved Mayor NO. ....( Resolution by Res.that,in accordance with section 15-2(c)(1) and, in addition to the authority otherwise granted by the Omaha Municipal Code,the City Clerk is hereby authorized to approve special designated liquor licenses allowing the sale of alcoholic liquor between 6:00 a.m. and noon on March 17, 2013, for the celebration of St. Patrick's Day. BE IT FURTHER RESOLVED, This resolution does not alter any other restrictions on the sale, distribution, consumption, or possession of alcohol otherwise provided by law or ordinance other than as expressly altered herein. p:\law—city council documents\2013\50006s1w doc () Presented to City Council FEB 122013 Adopted 2.,6, &ter Brown City Clerk