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RES 2012-0331 - Appoint Walter H Harrold manager of Elks O�,i E STq T�11,11y' 21,, . STATE OF NEBRASKA 4 . RECEIVED D NEBRASKA LIQUOR UOR CONTROL COMMISSIONt ,, a Y 4y"; ',aye Heineman T (-2 v''' Governor Hobert B. Rupe ; -�ab` / FEB ��+{:. 50Executive Director 12 B 14 OM 8: 301 Centennial Mall South,5th Floor P.O. Box 95046 Lincoln,Nebraska 68509-5046 CITY CLERK Phone(402)471-2571 February 10, 2012 OMAHA,A A, EA K Fax(402)471-2814 or(402)471-2374 TRS USER 800 833-7352(TTY) web address:http://www.lcc.ne.gov/ OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 • RE: ELKS BP() Iroquois Lodge 92 W LICENSE #C-01338 Dear Clerk: Enclosed is a copy of a manager application for Walter H. Harrold in connection with the Elks located in Omaha. Please present this application for manager to your City/Village Council or County Commissioners and send us the results of their action. Sincerely, • Cial--er12-.. • dd-411-LP--/7 Jacqueline Rodriguez Licensing Division NEBRASKA LIQUOR CONTROL COMMISSION 402-471-2572 • encl. • Janice M.Wiebusch Robert Batt William F.Austin Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper y in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of January, 2012 . Notary Public GENERAL NOTARY-Stale of Nebraska DOREEN M.REHUREK -�, - My Comm.Exp.April 2,2014 5 its successors and assigns, and any arrears thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions, and will forthwith pay to the. Landlord all damages that may arise in consequence of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 * MANAGER APPLICATION Office Use INSERT-FORM 3c NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH RECEIVED C C C'Vc PO BOX 95046 f IG LINCOLN,NE 68509-5046 PHONE (402)471-2571 FEB 1 2012 FAX: (402)471-2814 NEBRASKA LIQUOR Website: www.(cc.ne.gov CONTROL COMMISSION Corporate manager,including their spouse,are required to adhere to the following requirements 1) Must be a citizen of the United States 2) Must be a Nebraska resident(Chapter 2-006)and must provide proof of voter registration in the State of Nebraska 3) Must provide a copy of one of the following: state issued US birth certificate,naturalization paper or US passport 4) Must submit their fingerprints(2 cards per person)and fees of$38 per GNy6reto the Nebraska State Patrol 5) Must be 21 years of age or older 1 Q 2,012 6) Applicant may be required to take a training course F Ed R ova1 610N Name of Corporation/LLC: ���j g ,6/0..„z,e()@ (A a z,c) Premise License Number: (if new a plication leave blank) Premise Trade Name/DBA: Premise Street Address: 2Y�2 c' 2r4/ 5 City: 9,' -1 Ciao State: /, Zip Code: //// Premise Phone Number: y5 -/,5,•.3F The individual whose name is listed as a corporate officer or managing member as reported on insert form 3a or 3b must sign their name below 11, • ViRP FF NAGING MEMBER SIGNATURE (Faxed signatures are acceptable) E E E Form 103 ev 1/2011 age 2 of 5 1200002451 forth. GIVEN under my hand and notarial seal this day of January, 2012 . Notary Public GENERAL NOTARY-Stale of Nebraska DOREEN M.REHUREK -�, - My Comm.Exp.April 2,2014 5 its successors and assigns, and any arrears thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions, and will forthwith pay to the. Landlord all damages that may arise in consequence of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 t♦ `,'! r•i !1-r R(1 �F'tz10 s °0� ..tE:.,,: r.ta 'r:rl S�tkI� S s; 1 1 .1 - ��. r a� ��-�•k1`4.• Gender: r MALE FEMALE �•a-� :,,1_1�QUOR N �Last Name: /10/1/1 First Name: � /� . 2-9) Home Address(include PO Box if applicable): (.//�:..� City: OJ922IO County Zip Code: doP/// Home Phone Number' 4.1/5/4VBdsiness Phone Number: Social Security Number _ _ _ _ Drivers License Number 8/ Tate Date Of Birth: , _ _ Place Of Birth: /2V • ,, r• . • •Cp YES fh NO fED 1 2012 Spouses Last Name: First Name: MI: Social Security Number: Drivers License Number& State: Date Of Birth: Place Of Birth: CITY& STATE • YEAR YEAR CITY& STATE YEAR YEAR FROM TO FROM TO Oritolo 8, n '9o" 1VJ/.q41g7 Form 103 Rev 1/2011 Page 3 of 5 ense Number: (if new a plication leave blank) Premise Trade Name/DBA: Premise Street Address: 2Y�2 c' 2r4/ 5 City: 9,' -1 Ciao State: /, Zip Code: //// Premise Phone Number: y5 -/,5,•.3F The individual whose name is listed as a corporate officer or managing member as reported on insert form 3a or 3b must sign their name below 11, • ViRP FF NAGING MEMBER SIGNATURE (Faxed signatures are acceptable) E E E Form 103 ev 1/2011 age 2 of 5 1200002451 forth. GIVEN under my hand and notarial seal this day of January, 2012 . Notary Public GENERAL NOTARY-Stale of Nebraska DOREEN M.REHUREK -�, - My Comm.Exp.April 2,2014 5 its successors and assigns, and any arrears thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions, and will forthwith pay to the. Landlord all damages that may arise in consequence of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 • YEAR NAME OF EMPLOYER NAME OF SUPERVISOR •5.P :ONE FROM TO _ / _ pE-Cj 1 • I:ER 0 QR 15�0 I'999 I o/Lc/e ,Eth&ii . , j� is *;®N . S 1,►y !±fir � vvv��� r� S e 1�v p ( c1+,4. of I �,b 6\jib"1.10'�b vt r)}' ,` M1f , �, Y'�. i .S.f,�� i•no +� r•,� • 0fi. y�s -?���t iJ4 w • �4�. � r' 'ia� v. rs.,1. *4!`� 1. READ CAREFULLY. ANSWER COMPLETELY AND ACCURATELY. Has anyone who is a party to this application,or their spouse,EVER been convicted of or plead guilty to any charge. Charge means any charge alleging a felony,misdemeanor,violation of a federal or state law;a violation of a local law, ordinance or resolution. List the nature of the charge,where the charge occurred and -.- and month of the conviction or plea. Also list an harges pending at the time of this application. If m ylist charges by each individual's me. (J ❑ YES NO FEB If yes,please explain below or attach a separate page. 1 2012 Name of Applicant Date of Where Descrip •t e K 11 1Q$�ition • Conviction Convicted ����''ttCt�)LQM tSSrON (mm/yyyy) (city&state) • • 2. Have you or your spouse ever been approved or a application for a liquor license in Nebraska or any other state? DYES O IF YES, list the name of the premise. 3. Do you, as a manager, qualify under Nebraska Liquor Control (§53-131.01)and do you intend to supervise, in person,the management of the business? S ONO 4. Have you enclosed the required fingerprint cards and PROPER FEES with this application? (Ch or money order made payable to the Nebraska State Patrol for$38.00 per person) S ONO Form 103 Rev 1/2011 Page 4 of 5 forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions, and will forthwith pay to the. Landlord all damages that may arise in consequence of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 RECEIVED • ~r+ :x t j A } S 'fib 4s I • �� ,�•�i. v�i� yi"'x �_�i, .F` - • • •^ �• [ i' - a •"f• •.i ", `��'+'� CONTROL COMMISSION The above individual(s), being first duly sworn upon oath, deposes and states that the undersigned is the applicant and/or spouse of applicant who makes the above and foregoing application that said application has been read and that the contents thereof and all statements contained therein are true. If any false statement is made in any part of this application, the applicant(s) shall be deemed guilty of perjury and subject to penalties provided by law. (Sec §53-131.01)Nebraska Liquor Control Act. The undersigned applicant hereby consents to an investigation of his/her background including all records of every kind and description including police records, tax records (State and Federal), and bank or lending institution records, and said applicant and spouse waive any rights or causes of action that said applicant or spouse may have against the Nebraska Liquor Control Commission and any other individual disclosing or releasing said information to the Nebraska Liquor Control Commission. If spouse has NO interest directly or indirectly, a spousal affidavit of non participation may be attached. The undersigned understand and acknowledge that any license issued, based on the information submitted in this application, is subject to cancellation if the information contained herein is incomplete, inaccurate, or • fraudulent.. • i4. Signature of Manager A.:licant Signature of Spouse ACKNOWLEDGEMENT State of Nebraska County of VDU 6 L/t The foregoing instrument was acknowledged before me this TihULt q 4/ by WILT /7 /9—A2,0 L,[ / date name of person acknowl ged _ Affix Seal a Notary Public signature BUSTER J.BROWN *Waft P4 4 30,2°13 In compliance with the ADA,this application is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Form 103 Rev 1/2011 Page 5 of 5 of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 0,4„k„A, Art _ city ® Omaha, ,e6ras °�� 1819 Farnam Suite LC 1 n® r '(l, Omaha, Nebraska 68183-0112 0ito': � ' _ Buster Brown (402) 444-5550 iO City Clerk FAX (402) 444-5263 oR'4'D fiE$R '.�� February 22, 2012 Elks BPO Iroquois Lodge 92W Application to appoint Walter.H. Harrold Dba"Elks" . manager of your present Class "C" 2420 Lake Street Liquor License location Omaha,NE 68111 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application to appoint a manager to the liquor license has been set for March 6, 2012 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial- of your — — application to the Nebraska Liquor Control Commission. Sincerely yours, Buster Brown City Clerk BJB:clj rmation submitted in this application, is subject to cancellation if the information contained herein is incomplete, inaccurate, or • fraudulent.. • i4. Signature of Manager A.:licant Signature of Spouse ACKNOWLEDGEMENT State of Nebraska County of VDU 6 L/t The foregoing instrument was acknowledged before me this TihULt q 4/ by WILT /7 /9—A2,0 L,[ / date name of person acknowl ged _ Affix Seal a Notary Public signature BUSTER J.BROWN *Waft P4 4 30,2°13 In compliance with the ADA,this application is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Form 103 Rev 1/2011 Page 5 of 5 of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 • OpHA, N4, .. City ofOmaha, Webraskg �� 1'1' 4�T, ,ffr,A.Irdetri N) 1819 Farnam Suite LC 1 Omaha, Nebraska 68183-0112 0 -;....` ` -, • Buster Brown (402) 444-5550 i6 � City Clerk FAX (402) 444-5263 O 4 R'��D FEBR°'+ February 22, 2012 Walter H. Harrold Application to be appoint manager of the Class 4451 Kansas Street "C" Liquor License locations for Elks BPO Omaha,NE 681.11 Iroquois Lodge 92W dba"Elks", 2420 Lake Street Dear Liquor License Manager Applicant: • This letter is notification that a hearing before the Omaha City Council on your application to be appointed manager of the liquor license has been set for March 6, 2012 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in. the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. Sincerely yours, . - • 4•1‘ Buster Brown City Clerk ' BIB:clj ' - nt.. • i4. Signature of Manager A.:licant Signature of Spouse ACKNOWLEDGEMENT State of Nebraska County of VDU 6 L/t The foregoing instrument was acknowledged before me this TihULt q 4/ by WILT /7 /9—A2,0 L,[ / date name of person acknowl ged _ Affix Seal a Notary Public signature BUSTER J.BROWN *Waft P4 4 30,2°13 In compliance with the ADA,this application is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the alternate format. Form 103 Rev 1/2011 Page 5 of 5 of any default by the Tenant, its successors and assigns under said Lease, including, without limitation, all reasonable attorneys ' fees incurred by the Landlord or caused by any such default and/or by the enforcement of this Guaranty. This Guaranty is an absolute and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord' s part of any kind or nature whatsoever against the Tenant, its successors and assigns, and without the necessity of any notice of non-payment, non- performance or non-observance or any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives; and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Landlord against the Tenant, or the Tenant' s successors and assigns, of any of the 4 w 2,. O n . rxfl. O E xCD n Pc; Po CD CD 0' ° Cli N ? I G N• - 0 CW . �_ Wd ,d t-4 ?‹ .0 5.': c4 \ O CD 0 NCD n ' �i P o O IQ . n ° ¢. c4 �• cr tN 01 Xlm lID f-sz -I ii ., i I- n_ , V t