RES 2013-0228 - Clerk authorized to approve SDL lics for celebration of St Patrick's Day CI:
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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WITHDRAWN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