RES 2012-0841 - Class C liq lic at Fedora Lounge canceled (placed on file) "pMAHA,N
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��`t,'°�ivi Omaha/Douglas Civic Center
2® i��tt) .&�lf�!N 1819 Famam Street,Suite 804
. ,' 12 JU 13 2• Lb
p,_�_ .�;,_,. is Omaha,Nebraska 68183-0804
�o ary (402)444-5115
�Art'D FEBO" CITY CLERK
ERK Telefax(402)444-5125
City of Omaha ;0 4 A try A, H E Pa ASK i\A. Paul D. Kratz
Jim Suttle,Mayor City Attorney
Honorable President and
Members of the City.Council,
The attached Resolution cancels the Class "C" retail liquor license held by THT,Inc., dba"Fedora
Lounge"at 711-713 North 114th Street in Omaha, for violations of liquor laws and regulations and
for good cause. State statutes permit the City Council to cancel or revoke a liquor license for cause
or upon a showing that the licensee has violated any provision of the Liquor Control Act or any
regulation relating to alcoholic liquor. This hearing was scheduled in accordance with state law and
the appropriate notice was given.
During 2011,the Police Department reported that this business and a neighboring business,Barfly,
were attracting customers who created disturbances that include fights and assaults. Large crowds
regularly gathered in the parking lot and required a response by police. In February, 2012, the
Council adopted two resolutions starting the process to cancel both businesses' liquor licenses. At
that time, Fedora Lounge had been sold and the new owner was waiting for a decision on the new
license. The cancellation hearing on both licenses was postponed until that decision was made.
The new owners of Fedora Lounge have now received their liquor license and THT,Inc. no longer
holds the license that was being challenged. Therefore,this cancellation proceeding is not necessary
and will achieve nothing. If problems arise again at Fedora Lounge,a new cancellation process must
be started.
I recommend that this resolution be placed on file so we can document an end to the Fedora Lounge
cancellation- ocess.
RespeEt y submitted,
ANg/
'Thomas O. Mumga d
Deputy City Attorne
p:\law—city council documents\2012\50028s1w.doc
1
license Barfly has 30 days in which to appeal the decision to
the Liquor Control Commission. For that reason the cancellation is effective at the end of the appeal
period. This cancellation process was commenced in February,2012,but this cancellation hearing was
delayed to see if a new owner of Fedora Lounge,a neighboring bar,would receive a liquor license and
that new license has now been granted. Although state law sets a deadline for making your cancellation
decision, tha •-:dline has been waived by the licensee.
' spec ' sub
44,
omas O. Mumga d
Deputy City Attorney
p:\law—city council documents\2012\50026s1w.doc
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 that the licensee has violated any provision of the act or any valid and subsisting
ordinance or regulation relating to alcoholic liquor; and,
WHEREAS, THT, Inc., dba "Fedora Lounge" at 711-713 North 114th Street in
Omaha,Nebraska, holds a Class "C" liquor license issued for the 2011-2012 licensing year; and,
WHEREAS,this Council has received evidence that violations of laws,ordinances,
rules, and regulations relating to alcoholic liquor occurred on or about the licensed premises of
Barfly or adjacent outdoor areas on the following listed dates:
January 21, 2011; Disturbance and/or assault allowed on or
February 4, 2011; about the premises or adjacent outdoor areas
April 8, 9, and 17, contrary to Liquor .Control Commission
2011; October 28, regulations 019.01 F and 019.01 Q.
2011; November 25,
2011; December 16,
2011,and January 27,
2012
April 3, and 8, 2011; Use of unreasonable physical force by
November 25, 2011; employees endangering patrons or other
January 14,2012;and persons contrary to Liquor Control
February 19, 2012 Commission regulation 019.01 F2.
and,
WHEREAS, the reported conduct by the licensee and/or its agents and employees
shows a continuing pattern of conduct that constitutes violations of laws, ordinances, rules and
regulations relating to alcoholic liquor and/or good cause for the license to be cancelled or revoked;
and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ill achieve nothing. If problems arise again at Fedora Lounge,a new cancellation process must
be started.
I recommend that this resolution be placed on file so we can document an end to the Fedora Lounge
cancellation- ocess.
RespeEt y submitted,
ANg/
'Thomas O. Mumga d
Deputy City Attorne
p:\law—city council documents\2012\50028s1w.doc
1
license Barfly has 30 days in which to appeal the decision to
the Liquor Control Commission. For that reason the cancellation is effective at the end of the appeal
period. This cancellation process was commenced in February,2012,but this cancellation hearing was
delayed to see if a new owner of Fedora Lounge,a neighboring bar,would receive a liquor license and
that new license has now been granted. Although state law sets a deadline for making your cancellation
decision, tha •-:dline has been waived by the licensee.
' spec ' sub
44,
omas O. Mumga d
Deputy City Attorney
p:\law—city council documents\2012\50026s1w.doc
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
' Page 2 Omaha,Nebraska
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
,
THAT,effective thirty days after the adoption of this Resolution,the Class"C"retail
liquor license held by THT, Inc., dba "Fedora Lounge" at 711-713 North 114th Street in Omaha,
Nebraska, is hereby canceled for the reasons set forth herein.
APPRO ED S TO FO
EPUTY CITY AT O EY
p:\law—city council documents\2012\50029s1w.doc
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Mayor
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City Clerk
Approved
Mayor