RES 2012-1616 - App of 10th & Capitol Inc for after hours dance permit Y:.
OM AHA,,v
y `��� .,,�� RECEIVED Planning Department
c„�►-,,m., v Omaha/Douglas Civic Center
- �� m9 n
a.�� �; =k 1819 Farnam Street,Suite 1100
®,' � 12 NOV v 30 fj iO: Omaha,Nebraska 68183
�Ary (402)444-5150
o� -¢� Telefax(402)444-6140
4rFOFEBR3r
CITY CLERK R.E.Cunningham,RA,F.SAME
City of Omaha OMAHA, NE�,RtsS �,-„ Director
Jim Suttle,Mayor
December 4, 2012
Honorable President
and Members of the City Council,
Re: After Hours Dance Permit— 10th & Capitol, Inc., 1011 Capitol Avenue
Attached is a resolution to approve an application by 10th & Capitol, Inc. to obtain the issuance
of an after hours dance permit at 1011 Capitol Avenue, Omaha,Nebraska.
This application has been reviewed by the following city departments who have made
recommendations as follows:
Planning Department No objection
Police Department No objection
Fire Department No objection
Res.ectfull Referred to City Council for Consideration:
ifrder
Age
Ispoo._
Ati.„../ ,.,„ _44,ft, ,di •et-
' . : C ME Date Mayor's Of c It Date
4 Planning Dire, or
Attach: • ,.plica ••n
-n Recommendation
10005pinrdh—cover letter
ounty of Douglas,and f Nebraska.
�y H M�Sy
j F • '••'F Subscribed in my prese and sworn to fore
j� �P;•G NERq 'A
P•blis)ier'se $••14.9 me this 7 th day of
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df'tiOna' puu:10$N :7k December 20 12
•
otal $
f �Zq. .. ..• �Q Notary Public i f D a nty,
T
'‘ -7/eOF NFBRPS e of N raska
Date of Birth
Name ,S c.1, '- W Tnn) Name
Address G,,, Q . to 'r14 44D5 Address
Date of Birth c� ,-, (p - 'I Date of Birth 1
.77111
Applicant's igna re Date
BELOW FOR OFFICE USE ONLY
Police Dep ment Recom endatio Approve il,-. l P-12 Deny
ignt
sc...ci //- 17' '
D. /
' Department Recommends 'o A.+rove ! /%j/Deny t/./ /e �-,
• C!o6 tQ irt�..�r�o__ i' < at-) v DI Ce i-,1 i j
atur ►ia -
Planni D rtment Recommendation Approve > Deny
i II• LT 2012
Signs re Date
DANCE PERMIT ON al-k c()-D(WC53
(REGULAR O AFTER HOURS
• Investigation Fee $20.00
Dance Permit Fee $60.00 or$200.00
Cash Receipt No.
Application Date: of( -i'! 1�
Establishment Name �
r p,
, r oh �C rr�� �`
Location: IOU i tp is •I Albt covv-akc f Ali, (081q2
Applicant's Name: r3a5p}1 /1i le eA ; Phone: 4/(,2-61g4 /
Applicant's Business Address: IOf} CcQ r-01 A. . owa , Ne oittla
Establishment Owner's Name: Dq,5 1/t to`pr- D.O.B.: $-/-7d2 Address: /S&QR Aq,e h ei ,
Establishment Manager's Name: 5/ ,ck ( er�nnar., D.O.B.: f"'l ;-8'3 Address: g(00 1 5.
Hours of Operation: f; etcLja.- Nt; h "�a�° _460 am
Maximum Occupancy Allowed (# of people allowed on Assembly Permit): at
(Must provide copy of current Certificate of Occupancy) .
Serving Liquor: Yes_ No X . Cover Charge: Yes X No
Describe security for both inside and outside the es lishment:
1.' •
<rfsA ..... )
� G�rMb+'arc q P na of i A) 1'44 rc+P/ �'PPCi'( S:) earn t , P -n
•insf'de. a d 00 ir1Q, A1• triktet toer ufrui I ba damcN�c'o -.
List name, address, and date ofbirth of all security personnel (attach additional sheets if necessary):
Name (u��- Vtfl11 Name
Address s-(,, LTA me cmr4 µ4€.. Or toi"_A Address
Date of Birth ._. I Q-1(IV Date of Birth .
Name A-ocor $+e'l. Name
Address O is e9 Phq bjrv,ca.„,_ (oSt j Address i
Date of Birth et-9-9 -1- Date of Birth
Name /na`J j7e' Avrn - Name
Address 399, No illAin Om 643101 Address
Date of Birth f- I -�?� Date of Birth
Applic s Signature Date •
���✓��
BELOW FOR OFFICE USE ONLY
Police De ecommendation a Approve Deny
/CP q— ‘3 - la .
Signature • Date
Fire Department Recommendation Approve Deny
se/.,k ` z..- Po- - Q.i nature i Date
9 cC� ` J 1—1
•
PI ni epartment Recommendation Approve UP Deny
• to •q. 2.012
Si nature Date
at-) v DI Ce i-,1 i j
atur ►ia -
Planni D rtment Recommendation Approve > Deny
i II• LT 2012
Signs re Date
*
•
•
September 4,2012
Planning Department,Permits,and Members of City Council,
The application for an after hours dance permit itself is brief and provides limited detail about the
applicant,purpose,and operation of requested permit.Below,I have included a few details,
regarding these things,for your consideration.
Since opening in 2011,Capitol has possessed a regular dance permit and liquor license.Capitol has
gone to great lengths and expense to provide a safe and controlled environment inside,the
enjoyment and safety of patrons,and the well being of patrons and neighbors in general-working
with OPD uniformed off duty officers,surveillance cameras,subcontracted security personal both
inside and outside the premises,local taxi companies and hotels.
(Jon Davis 402-301-3002 Director of Operations for Happy,Checker, Yellow,Safeway,and Cornhusker Cabs
Matt Heck 214-326-2589 Marriot Courtyard-stay and play campaign I am developing)
Every weekend,I see the need and a demand for people to have somewhere else to go when
establishments are all closing at 1:45am. Leaving a lot of people standing around,not wanting to
go home yet:some not ready to drive,some waiting for a cab,others not wanting to hop on the
road with the mass exodus just yet,and a many simply hungry to eat,dance,and prolong their
social excursion.
I believe Capitol providing an after hours destination downtown offers an opportunity to enhance
their evening while make their trip home safer and help our business by increasing our customer
base and revenue. And with downtown and industry challenges like: insufficient parking,
consequences of drinking and driving,lack of public transportation,restaurant-entertainment
taxes,high operating expenses,and location miles away from where most patron's reside-its vital
for us to generate more revenue.
The Capitol would like to be open for an alcohol free after hours Once a weekend from 2:30-
4:30am,providing food and non alcoholic beverages and dancing in a non hip hop music format.
Capitol has two separate front doors,multiple rooms and levels which afford Capitol the ability to
efficiently exit all patrons in normal operating out one door while utilizing the other entrance to
admitting a separate after hour crowd as well as closing off access to back bar areas,liquor,etc.
I apprec' e your co ideration,
Jas Himberger
Capitol Lounge&SupperClub
1011 Capitol Ave,Omaha,NE 68102
-402.618.8881
ommendation Approve > Deny
i II• LT 2012
Signs re Date
License and Permit Bond Bond Number:NE 33458
KNOW ALL MEN BY THESE PRESENTS:That 10th&Capitol Inc
as principal,and
Merchants goncLig Comnanv(Mutual)
as surety,are held and firmly bound unto the City of Omaha,Nebraska,in the
penal and full sum of Five Thousand Dollars
Thousand Dollars,1 $5,000.00 ),for the payment of which well and truly to be made we do hereby jointly and severally
bind ourselves,our heirs,executors,administrators,personal representatives.successors and assigns.
The conditions of the above obligation are such that, whereas the above bounden principal has applied for a license, permit, or
certificate to engage in the businessi or occupation of /� t`P,.� t.1tt'.a„t c Cvv't— �:t� I Lit J/m(��j f/ f 1)tGi 14 t.t Uk•
c()ec ICIA(+t/� chvrr 'K4-er !44c �' � VV J
l�Vtl
in Omaha.Nebraska,which license,permit,or certificate must be obtained or renewed yearly or periodically hereafter.
NOW.THEREFORE,in consideration of any said license,permit,or certificate now or hereafter being granted,issued or renewed•said
principal shall:
1)Indemnify and save harmless the City of Omaha,its officials,employees,and any members of any applicable Examining or License
Board,and their successors,from and on account of any and all judgments,claims,demands,losses,costs,expenses,or liabilities or any kind
whatsoever which said City and any or all of the persons above enumerated may sustain or which may be recovered from it or them,from or by
reason of the issuance of each such license, permit,or certificate,or any reason of any act,neglect or thing done under or by virtue of the
authority given in any such license,permit,or certificate,or in any way connected with,relating to,or growing out of any work performed by
said principal,his or its agents and employees,or any sub-contractor or anyone in any way under his or its supervision and direction.
2) In all respects be bound hereby to any and all applicable requirements and provisions required to be in this bond by existing and
hereafter existing ordinances,nil es and regulations of the City of Omaha,and other laws,the same as though such requirements and provisions
were fully set forth in this bond,and by reference such requirements and provisions are made a part hereof.
3)Comply with and faithfully observe and obey all applicable rules,regulations,and ordinances of the City of Omaha now or hereafter
existing and all other applicable laws now or hereafter existing affecting or relating to the carrying on of such business or occupation.
4)Pay all damages or loss that may occur from any act,neglect.or carelessness of said principal,his or its agents or employees,anyone
under his or its supervision or direction,or any subcontractor,from such work pertaining to said business or occupation, or from poor or
defective work or material.
5)Properly perform and execute and fully protect any and all work of such business or occupation undertaken by principal or under his
or its direction and supervision,or by any agent or employee,or by any subcontractor.
6)Pay any penalties that may be imposed during the period of any such present and future permit,license or certificate.
7)In the case of an after-hours dance perm it not have its after-hours dance permit revoked or suspended.
Compliance with all and several of the above enumerated items shall make this bond void.Otherwise,it shall remain in full force and
effect within the City of Omaha,Nebraska.This bond is and shall be given effect as a yearly or periodic bond in the above stated amount for
each yearly or periodic license,permit,or certificate,now or hereafter issued to principal,the same as though a separate bond for each such
present and future license,permit,or certificate year or period had been executed notwithstanding this is a continuing bond until cancelled by
notice.The surety shall have the right to cancel this bond for future liability upon 60 days notice to the City of Omaha,in writing.
IN WITNESS WHEREOF,we have hereunto set our hands this 12th
Day of November ,20 12
In Presence f Loth&Capitol
1,4
Principal
ddres of Witness /6to Merchants om a al f
Street .
City State / Attorney-In-Fact
r alf K Rigo
Resident Agent
GENERAL NOTARY-State of Nebraska /APPRO D AS TO F
JON FLOWER 41\ 1)11.,
My Comm,Exp,Jan,13,2015
ssistant City Attorney
PA PI fint.doc
LP 0654 NE(6/10)
1
MERCHANT
BONDING C O M PA N Y:M Bond#: NE 33458
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.
INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"),
and that the Companies do hereby make,constitute and appoint,individually,
• Ralf K Rigo
of Syracuse and State of NY their true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in their name,place and stead,to sign,execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWO HUNDRED THOUSAND($200,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney-in-Fact. pursuant to the authority herein given,are
hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National
Bonding,Inc..on October 24,2011. •
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the
seal of the Company thereto,bonds and undertakings.recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking.recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of June , 2012 .
1,�p..fl/glyph •••. .
.a> *1101,��% ••��0•, ,Cp7A•• MERCHANTS BONDING COMPANY(MUTUAL)
, ftio 4�OR ,ao\ ;•m2.,.v 4•1. MERCHANTS NATIONAL BONDING,INC.
t .(: i s .Z' :3
ma's 2003 .::; .yJ 1933 :C
* •• By 4,/,.....
73,4,
STATE OF IOWA * •.``"". ••.......* •..
COUNTY OF POLK ss. '"r""'�"" President
On this 15th day of June , 2012 .before me appeared Larry Taylor.to me personally known,who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.:and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof.I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year
first above written.
MARANDA GREENWALT
*T. Commission Number 770312 r' - 9-r1 &COI
My Commission ExpiresOVA r
October 28,2014
Notary Public.Polk County.Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on
this 12th day of November , 2012 .
4„.,1.b..ylh ••
10144
•L _o 's, :Z•• Secretary
V: 2003 :'. •i 1933- :y•
i.,) .>a •
POA 0014 (11/11) ,`'iy"•. ••'.r$..,�'� •. 4'•V..'•�1.•
•
'•..Ify 11......
41\ 1)11.,
My Comm,Exp,Jan,13,2015
ssistant City Attorney
PA PI fint.doc
LP 0654 NE(6/10)
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER•
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Omaha Municipal Code Section 5-64(d) provides that after-hours
dance permits may be issued or renewed only after approval of the same by resolution of the City:
Council; and,
WHEREAS, 10th & Capitol, Inc. has applied for the issuance of an after hours`
dance permit at 1011 Capitol Avenue, Omaha,Nebraska; and,
WHEREAS, the following City departments have reviewed the application and
have made the following recommendations:
Planning Department—No objection
Police Department—No objection
Fire Department—No objection
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the application of 10th & Capitol, Inc. for the issuance of an after hours
dance permit at 1011 Capitol Avenue be and hereby is approved.
APPROVED AS TO FORM:
CITY ATTORNEY A
10005p1nrdh—resolution
/./ f ,.
By
dmember
Adopted p �.4.ZQ12. ygle4 /e_O/'1/ / /14-'662
/u
•
l
Clerk / //2912___
Approvecorceib ---
Mayor
ecuted pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National
Bonding,Inc..on October 24,2011. •
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the
seal of the Company thereto,bonds and undertakings.recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking.recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of June , 2012 .
1,�p..fl/glyph •••. .
.a> *1101,��% ••��0•, ,Cp7A•• MERCHANTS BONDING COMPANY(MUTUAL)
, ftio 4�OR ,ao\ ;•m2.,.v 4•1. MERCHANTS NATIONAL BONDING,INC.
t .(: i s .Z' :3
ma's 2003 .::; .yJ 1933 :C
* •• By 4,/,.....
73,4,
STATE OF IOWA * •.``"". ••.......* •..
COUNTY OF POLK ss. '"r""'�"" President
On this 15th day of June , 2012 .before me appeared Larry Taylor.to me personally known,who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.:and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof.I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year
first above written.
MARANDA GREENWALT
*T. Commission Number 770312 r' - 9-r1 &COI
My Commission ExpiresOVA r
October 28,2014
Notary Public.Polk County.Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on
this 12th day of November , 2012 .
4„.,1.b..ylh ••
10144
•L _o 's, :Z•• Secretary
V: 2003 :'. •i 1933- :y•
i.,) .>a •
POA 0014 (11/11) ,`'iy"•. ••'.r$..,�'� •. 4'•V..'•�1.•
•
'•..Ify 11......
41\ 1)11.,
My Comm,Exp,Jan,13,2015
ssistant City Attorney
PA PI fint.doc
LP 0654 NE(6/10)
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TFL, Inc., dba"Mega Saver", 5101 South 24th Street.
That, the cost of publication of notice of the hearing was $26.00.
December 11, 2012 - Resolution No. 1610 - Motion to adopt. Carried 7-0.
By Ben G. Gray
Councilmember
December 11, 2012 7-0
Adopted
411 C. y Clerk /43I I
Approved
Mayor
Mayor
. /
"NOTICE TO PUBLIC" THE DAILY RECORD
"NOTICE OF HEARING FOR AN
AFTER-HOURS DANCE PERMIT OF Ol�/„ - TT -
A
' LOCATED AT 1011 CAPITOL AVENUE"
Application of 101° & 'Capitol, Inc.
requesting approval of an after-hours dance LYNDA K. HENNINGSEN, Publisher
permit located at 1011 Capitol Avenue.
Public Hearing will be held before the City PROOF OF PUBLICATION
Council of the City of Omaha, in the
Legislative Chambers, Omaha/Douglas Ovic
Center, 1819 Farnam Street, on December UNITED STATES OF AMERICA,
18,2012 at 2:00 p.m. BUSTER BROWN,
City Clerk The State of Nebraska, SS.
12-7-12 District of Nebraska,
County of Douglas,
City of Omaha,
J.BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past;that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
December 7, 2012
That said Newspaper during that time was reg la ly published and
in gen c vl a •• the County of Douglas, dSt et�f Nebraska.
��GEN ER.q SyF� CJ
Subscribed in my pres 63.and sworn t efore
P l lier' T1SS( 14:,90 me this7th day of
t M Is �iv Decembe 1
A itiopal CWE% f 1 20
'• Q14' 90
�qj ••• S Notary Publi nd r Co ,y,
FOF NE " to of Nebras a
zed officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking.recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of June , 2012 .
1,�p..fl/glyph •••. .
.a> *1101,��% ••��0•, ,Cp7A•• MERCHANTS BONDING COMPANY(MUTUAL)
, ftio 4�OR ,ao\ ;•m2.,.v 4•1. MERCHANTS NATIONAL BONDING,INC.
t .(: i s .Z' :3
ma's 2003 .::; .yJ 1933 :C
* •• By 4,/,.....
73,4,
STATE OF IOWA * •.``"". ••.......* •..
COUNTY OF POLK ss. '"r""'�"" President
On this 15th day of June , 2012 .before me appeared Larry Taylor.to me personally known,who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.:and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof.I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year
first above written.
MARANDA GREENWALT
*T. Commission Number 770312 r' - 9-r1 &COI
My Commission ExpiresOVA r
October 28,2014
Notary Public.Polk County.Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on
this 12th day of November , 2012 .
4„.,1.b..ylh ••
10144
•L _o 's, :Z•• Secretary
V: 2003 :'. •i 1933- :y•
i.,) .>a •
POA 0014 (11/11) ,`'iy"•. ••'.r$..,�'� •. 4'•V..'•�1.•
•
'•..Ify 11......
41\ 1)11.,
My Comm,Exp,Jan,13,2015
ssistant City Attorney
PA PI fint.doc
LP 0654 NE(6/10)