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RES 2012-1633 - Hearing to determine if class C liq lic at Carlisle Hotel Omaha should be cancelled or revoked eatAHA,nr�• F � `,, 's L {L. D Law Department f�;+cr_ �.�� Omaha/Douglas Civic Center 2����� h 1819 Farnam Street,Suite 804 : L DEC Omaha,Nebraska 68183-0804 A1• op qC� (402)444-5115 4ppD FEBO* Telefax(402)444-5125 CityofOmaha CITY CLERK U ii H A. �� 13 R A S K A Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is prepared at the request of the City Council Law Committee. The Resolution sets a hearing at the December 18,2012,City Council meeting to determine whether the Class "C" liquor license held by Carlisle Management, LLC, Inc., dba "Carlisle Hotel Omaha" at 10909 `M' Street in Omaha,Nebraska, should be cancelled or revoked. State statutes permit the City Council to cancel or revoke a liquor licensee for cause or upon a showing that the licensee has violated any provision of the Liquor Control Act or any ordinance or regulation relating to alcoholic liquor. A specific procedure setting a hearing date and providing notice to the licensee is required. This resolution complies with that procedure. Omaha police report that disturbances and assaults have repeatedly occurred in the business's parking lot. The activity offered at the bar is attracting customers who cause disturbances. Additional information and police reports will be provided to you in a separate memo. In March, 2012, the Council Law Committee met with the management of this business and discussed operational changes aimed at eliminating the problems. Those changes either were not implemented or did not work as the disturbances and assaults continued with increasing use of police resources. The Law Committee recently met again with the owners and voted unanimously to bring this licensee before the full Council. This resolution does not determine whether the license should be canceled or revoked. The only question now is whether there is sufficient reason to believe that violations of law or regulations have occurred or that cause exists for cancellation or revocation.You may choose cancellation or revocation,as either method will take away the license,but a revocation will prohibit the licensee from receiving another liquor license. A vote on cancelling or revoking the license will be taken at a future meeting. If you are satisfied that good cause exists, it is first necessary to schedule a hearing at which the allegations can be further explored and a defense presented. By law,the hearing must occur within 10 days after passage of this resolution. For that reason the resolution schedules a hearing for December 18,2012, but allows a later hearing if rescheduling is accepted by the licensee. Respec 11 ubmitted, Thomas O. Mumgaard Deputy City Attorney p:\law—city council documents\2012\50092s1w.doc D A X UMBRELLA LIAB _ OCCUR 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION 3X8590413 03/30/2012 03/30/2013 X TORY LIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Standing Bear Lake-Park Road Paving City of Omaha is a primary and non-contributory additional insured on general liability in connection with work performed by the insured for ongoing and completed operations as requred by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." REQUEST TO LAW LAW DEPARTMENT USE ONLY: r_ ,J LOG BOOK# 208-12 = CLERK TO: Eaul Kratz, City Attorney DATE ASSIGNED 11/07/12 DATE: November 7,2012 _ ASSIGNED TO P/Arlaf►,idi DATE ANSWERED WITHDRAWN REQUEST BEING MADE BY: _Buster Brown 14 City Clerk 5557 (NAME) (DEPARTMENT) (PHONE) TIME LINE: November , 2012 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT / Q RE UEST FOR: Resolution for cancellation of Class"C" Liquor License' jiw� 1 /_ '-� (State Specifically What You Are Requesting) v�� DETAILS: Please prepare a Resolution for the cancellation/revoke of the Class "C" Liquor License held by Carlisle Management, L.L.C., dba."Carlisle Hotel Omaha",_ 10909 "M" Street per City Council Law Committee on October 30, 2012 INFORMATION ATTACHED: YES NO NONE AVAILABLE X REVISED: 01/02/92 ed any provision of the Liquor Control Act or any ordinance or regulation relating to alcoholic liquor. A specific procedure setting a hearing date and providing notice to the licensee is required. This resolution complies with that procedure. Omaha police report that disturbances and assaults have repeatedly occurred in the business's parking lot. The activity offered at the bar is attracting customers who cause disturbances. Additional information and police reports will be provided to you in a separate memo. In March, 2012, the Council Law Committee met with the management of this business and discussed operational changes aimed at eliminating the problems. Those changes either were not implemented or did not work as the disturbances and assaults continued with increasing use of police resources. The Law Committee recently met again with the owners and voted unanimously to bring this licensee before the full Council. This resolution does not determine whether the license should be canceled or revoked. The only question now is whether there is sufficient reason to believe that violations of law or regulations have occurred or that cause exists for cancellation or revocation.You may choose cancellation or revocation,as either method will take away the license,but a revocation will prohibit the licensee from receiving another liquor license. A vote on cancelling or revoking the license will be taken at a future meeting. If you are satisfied that good cause exists, it is first necessary to schedule a hearing at which the allegations can be further explored and a defense presented. By law,the hearing must occur within 10 days after passage of this resolution. For that reason the resolution schedules a hearing for December 18,2012, but allows a later hearing if rescheduling is accepted by the licensee. Respec 11 ubmitted, Thomas O. Mumgaard Deputy City Attorney p:\law—city council documents\2012\50092s1w.doc D A X UMBRELLA LIAB _ OCCUR 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION 3X8590413 03/30/2012 03/30/2013 X TORY LIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Standing Bear Lake-Park Road Paving City of Omaha is a primary and non-contributory additional insured on general liability in connection with work performed by the insured for ongoing and completed operations as requred by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, section 53-134 of the Nebraska Liquor Control Act, as amended, authorizes the Omaha City Council to cancel or revoke a retail liquor license within the city upon a showing of cause or upon a showing that the licensee has violated any provision of the Act or any valid and subsisting ordinance or regulation relating to alcoholic liquor; and, WHEREAS, Carlisle Management, LLC, Inc., dba "Carlisle Hotel Omaha" at 10909 `M' Street in Omaha, Nebraska, holds a Class 'C' liquor license issued for the 2012-2013 licensing year; and, WHEREAS, this Council has received reports from the Omaha Police Department showing that the following listed violations of statutes, ordinances, rules, or regulations relating to alcoholic liquor occurred on the licensed premises of Carlisle Hotel or adjacent outdoor areas on the following listed dates: February 26, 2012, Disturbance and/or assault allowed on or March 4, 2012, about the premises or adjacent outdoor August 5, 2012, and areas contrary to Liquor Control October 12, 2012 Commission regulations 019.01F and 019.01 Q. February 26, 2012, Permitted illegal conduct of customers and, March 4, 2012, thereby, evidenced that people in corporate August 5, 2012, and management are not persons of good October 12, 2012 character and reputation in the community, which disqualifies the corporation from holding a license in accordance with Neb. Rev. Stat. § 53-125(2) & (10) and, By Councilmember Adopted City Clerk Approved Mayor ers and voted unanimously to bring this licensee before the full Council. This resolution does not determine whether the license should be canceled or revoked. The only question now is whether there is sufficient reason to believe that violations of law or regulations have occurred or that cause exists for cancellation or revocation.You may choose cancellation or revocation,as either method will take away the license,but a revocation will prohibit the licensee from receiving another liquor license. A vote on cancelling or revoking the license will be taken at a future meeting. If you are satisfied that good cause exists, it is first necessary to schedule a hearing at which the allegations can be further explored and a defense presented. By law,the hearing must occur within 10 days after passage of this resolution. For that reason the resolution schedules a hearing for December 18,2012, but allows a later hearing if rescheduling is accepted by the licensee. Respec 11 ubmitted, Thomas O. Mumgaard Deputy City Attorney p:\law—city council documents\2012\50092s1w.doc D A X UMBRELLA LIAB _ OCCUR 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION 3X8590413 03/30/2012 03/30/2013 X TORY LIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Standing Bear Lake-Park Road Paving City of Omaha is a primary and non-contributory additional insured on general liability in connection with work performed by the insured for ongoing and completed operations as requred by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Page 2 Omaha,Nebraska WHEREAS, because similar customer activity was reported during the preceding license year and led to admonishment by the City Council Law Committee with direction to alter the management practices, the reported conduct by the licensee and/or its agents and employees show a continuing pattern of conduct and failure of qualifications to'hold a liquor license which constitutes good cause for the license to be cancelled or revoked; and, ' WHEREAS, this City Council is satisfied that the reported incidents evidence a violation of valid and subsisting laws, rules, regulations, or ordinances relating to alcoholic liquor and present a reasonable belief that there is cause for the license to be cancelled or revoked, and that a hearing should be held to determine if the retail liquor license held by that business should be canceled or revoked. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, a hearing shall be held on December 18, 2012, or a subsequent date agreed to by the licensee and the City Attorney, to determine if the Class 'C' retail liquor license held by Carlisle Management, Inc., dba "Carlisle Hotel Omaha" at 10909 `M' Street, in Omaha, Nebraska, should be canceled or revoked. BE IT FURTHER RESOLVED: THAT, the hearing shall commence in the Chambers of the Omaha City Council at 1819 Farnam Street, Omaha, Nebraska, at 2:00 p.m. or as soon thereafter as the matter is reached on the City Council agenda. The City Clerk shall serve notice of the time and place of the hearing and of the facts upon which the charges are based. The Law Department is hereby authorized to exercise the City Council's power to obtain pertinent information as granted by Omaha Home Rule Charter section 8.07. APP a I AS TO FORM: Lir a-ta_ EPUTY CIT AT •RNEY p:\law—city council documents\2012\50093s1w.doc By771,0441 ✓ Cduncilmember Adopted D 1 1 2 �—o Ci Clerk 1 2113 //2- 4.6.-- Approved Mayor llation or revocation.You may choose cancellation or revocation,as either method will take away the license,but a revocation will prohibit the licensee from receiving another liquor license. A vote on cancelling or revoking the license will be taken at a future meeting. If you are satisfied that good cause exists, it is first necessary to schedule a hearing at which the allegations can be further explored and a defense presented. By law,the hearing must occur within 10 days after passage of this resolution. For that reason the resolution schedules a hearing for December 18,2012, but allows a later hearing if rescheduling is accepted by the licensee. Respec 11 ubmitted, Thomas O. Mumgaard Deputy City Attorney p:\law—city council documents\2012\50092s1w.doc D A X UMBRELLA LIAB _ OCCUR 3X8590413 03/30/2012 03/30/2013 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION 3X8590413 03/30/2012 03/30/2013 X TORY LIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Standing Bear Lake-Park Road Paving City of Omaha is a primary and non-contributory additional insured on general liability in connection with work performed by the insured for ongoing and completed operations as requred by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Omaha SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." a O !y .O CS O nc......3 '* Z CD 4 N co r CD0 co p O co O Cco .>. tom,, y S V 'ems N cr O O (( cp c4 •� 'io g iS) CA P P .6"4" '" i \\\ W cn ... a .9. h HP � n f. 0 CD ` , ) N N O 5 f) P `C N O K a I Vl `+l % LP% 2 o. 0 m o = o r, o 0 0 'mot. n,na Li•. ••. J( x 4.,?r� �• .",:••`' -F g Agent t i O . Na By flow4704... 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