RES 2010-1106 - Class C liq lic to Wohlner's Midtown Grocery & Deli C-25A • CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
.10
RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA:
THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as
amended, after a hearing held within 45 days after receiving notice and a copy of tl%-license
application and upon due consideration of all standards and criteria provided by law;this
Council hereby recommends that the following application for a Class "C"Liquor License
be granted.
Wohlner's Midtown Grocery &Deli, L.L:C., dba"Wohlner's Midtown Grocery&
Deli", 3253 Dodge Street, Suite 1101.
That, the cost of publication of notice of the hearing was $26.00.
September 28, 2010 -Resolution No. 1106 — Application read.
Amendment. Carried 7-0
(Amendment—to correct the address from
3325 Dodge Street to 3253 Dodge Street,
Suite 1101)
Motion to adopt as amended. Carried 7-0.
Zyya, ,
Councilmember
Adopted SEP 2 8 2010. ... ►��..� e —
_ _ City Clerk7Ail„
Approved..., . s !�
Mayor
caster County should be sought.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the City Attorney is hereby authorized and directed to appeal the order of the
Nebraska Liquor Control Commission granting a retail Class"D"liquor license to C.A.Howell,Inc.,
dlb/a"Howell's BP",at 7166 North 30th Street,contrary to the recommendation of this City Council.
APPRO S TO FORM:
DEPUTY CITY ATTO DATE
P\LAW-CITY COUNCIL DOCUMENTS\2010\30120d1m
By 9.%47 9"44144.
Councilmember
Adopted A4 2 1 2010..
City Clerk 0440
Approved
Mayor
to turn down many businesses seeking a license.
Liquor licenses are supposed to be issued because they are required by the public's interests, not a
business's individual financial interests. During discussion of this application a Commissioner
'expressly endorsed the licensee's economic-assistance view,and it appears the Commission granted
the license relying upon this contested issue of law. In addition,police reports of disturbances on the
property and testimony by neighbors that this business is a gathering place for young people support
the City Council's recommendation that this license should be denied.
The appeal will be heard by the District Court of Lancaster County upon the record created at
the Liquor Control Commission hearing. Additional testimony and evidence will not be received.
The District Court is free to make its own, independent, decision on the license.
Respectf y s , emitted,
4-44e
omas O. Mumgaard
Deputy City Attorney
P\LAW CITY COUNCIL DOCUMENTS\2010\30111dIm
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Statutes— Implementation and Review Procedures, and as said Regulations may be amended.
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Title VI Implementation Plan Template,over 100,000 15/18
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property acquired or improved under the Federal Aid Highway Program; and (b) for the
construction or use of or access to space on, over or under real property acquired, or improved
under the Federal Aid Highway Program.
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the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the•sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref. Handbook 1344.1
09)
Page 3 of 5 ref.Handbook 1344.1
4010(06/2009)
Page 2 of 5 ref..Handbook 1344.1
•
Johnson, Carman (CCIk)
Fran: Johnson, Carman (CCIk)
Sent: Monday, September 27, 2010 11:09 AM
To: 'Matulka, Jackie'
Subject: RE: Wohlner's Midtown Grocery& Deli- Pending Class C 86890
Good Morning Jackie
I checked with our Planning Department and the Fire Marshal is correct, I will have it corrected at our meeting and make
the change on your recommendation form.
Thanks
Carman Johnson
Liquor Clerk
City of Omaha/City Clerk
1819 Farnam Street
Suite LC-1
Omaha, NE 68183
402-444-5324
402-444-5263 fax
cjohnson3@ci.omaha.ne.us
From: Matulka,Jackie [mailto:Jackie.Matulka@nebraska.gov]
Sent: Monday, September 27, 2010 10:26 AM
To: Johnson, Carman (CCIk)
Subject: Wohlner's Midtown Grocery&Deli - Pending Class C 86890
Carmen,
I received the Fire Marshal approval back in our office today for the above noted liquor
license. On the approval report it had written on the sheet from the FM that the address is
3253 Dodge Street, Suite 1101 and NOT 3325 Dodge Street as was indicated on the
application. Also, they had a new premise phone number listed as (402) 551 - 6875 and NOT
(402) 578— 3703 as listed on the application.
Have you heard anything on what the correct address should be or is this something that can
be brought up at their local hearing (if it has not yet been had)?
Let me know if you have been made aware of any of the above??
Thank you Carmen
Jackie Matulka O
1
ebraska Liquor Control Commission granting a retail Class"D"liquor license to C.A.Howell,Inc.,
dlb/a"Howell's BP",at 7166 North 30th Street,contrary to the recommendation of this City Council.
APPRO S TO FORM:
DEPUTY CITY ATTO DATE
P\LAW-CITY COUNCIL DOCUMENTS\2010\30120d1m
By 9.%47 9"44144.
Councilmember
Adopted A4 2 1 2010..
City Clerk 0440
Approved
Mayor
to turn down many businesses seeking a license.
Liquor licenses are supposed to be issued because they are required by the public's interests, not a
business's individual financial interests. During discussion of this application a Commissioner
'expressly endorsed the licensee's economic-assistance view,and it appears the Commission granted
the license relying upon this contested issue of law. In addition,police reports of disturbances on the
property and testimony by neighbors that this business is a gathering place for young people support
the City Council's recommendation that this license should be denied.
The appeal will be heard by the District Court of Lancaster County upon the record created at
the Liquor Control Commission hearing. Additional testimony and evidence will not be received.
The District Court is free to make its own, independent, decision on the license.
Respectf y s , emitted,
4-44e
omas O. Mumgaard
Deputy City Attorney
P\LAW CITY COUNCIL DOCUMENTS\2010\30111dIm
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Statutes— Implementation and Review Procedures, and as said Regulations may be amended.
Title VI Implementation Plan Template,over 100,000 17/18
Title VI Implementation Plan Template,over 100,000 15/18
r parties: (a)for the subsequent transfer of real
property acquired or improved under the Federal Aid Highway Program; and (b) for the
construction or use of or access to space on, over or under real property acquired, or improved
under the Federal Aid Highway Program.
Title VI Implementation Plan Template,over 100,000 13/18
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the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the•sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref. Handbook 1344.1
09)
Page 3 of 5 ref.Handbook 1344.1
4010(06/2009)
Page 2 of 5 ref..Handbook 1344.1
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trol Commission granting a retail Class"D"liquor license to C.A.Howell,Inc.,
dlb/a"Howell's BP",at 7166 North 30th Street,contrary to the recommendation of this City Council.
APPRO S TO FORM:
DEPUTY CITY ATTO DATE
P\LAW-CITY COUNCIL DOCUMENTS\2010\30120d1m
By 9.%47 9"44144.
Councilmember
Adopted A4 2 1 2010..
City Clerk 0440
Approved
Mayor
to turn down many businesses seeking a license.
Liquor licenses are supposed to be issued because they are required by the public's interests, not a
business's individual financial interests. During discussion of this application a Commissioner
'expressly endorsed the licensee's economic-assistance view,and it appears the Commission granted
the license relying upon this contested issue of law. In addition,police reports of disturbances on the
property and testimony by neighbors that this business is a gathering place for young people support
the City Council's recommendation that this license should be denied.
The appeal will be heard by the District Court of Lancaster County upon the record created at
the Liquor Control Commission hearing. Additional testimony and evidence will not be received.
The District Court is free to make its own, independent, decision on the license.
Respectf y s , emitted,
4-44e
omas O. Mumgaard
Deputy City Attorney
P\LAW CITY COUNCIL DOCUMENTS\2010\30111dIm
j o
' \
i§.4 ( m # pt 7-1 m /
\
\
r I' -- 1 Eig i§ I `\ I / p ‘
U)A9M2 1 I ¢R . ,. R E/ ,1_--- --- 6N " Nk1 AIaONLe. m'mMI nmu' I I I 4 1at I •
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, ..._ • _________ ..... .._ ;
.1__...1
...... _
....
....... ... .
. /
•
•
Statutes— Implementation and Review Procedures, and as said Regulations may be amended.
Title VI Implementation Plan Template,over 100,000 17/18
Title VI Implementation Plan Template,over 100,000 15/18
r parties: (a)for the subsequent transfer of real
property acquired or improved under the Federal Aid Highway Program; and (b) for the
construction or use of or access to space on, over or under real property acquired, or improved
under the Federal Aid Highway Program.
Title VI Implementation Plan Template,over 100,000 13/18
~ " NOIldn3�3
i ;A— `{S is•f f%i - I pia
o
+o+ , 11i
-- •-I, II�i1Il'I;i,,l EXHIBIT 'B'
'N= � •m o+ 505.21. " r w�w
v >. mF •,an0F-ai,o,LLoa 2584 oSO,32567E ua 23 v6S, gL1 4 `N _' 92 S152 a
74 fOv mwr,, m 328. E 2 .• a
cm4( o m13 34 5267 2 ROA0 P
515m
< 0,5?O ,l8'66fZZ ,6so1 leO 3.LS£S£OS w e E A 1 R WAGYH733 )
na ( H10 ,00'OS
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° o
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I Zl - 91 - 9 N011035 JO VI MN 3FI1 JO St1Vd
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I a I 0 3 1 1 11 p Ua Z ��. N2
I
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,0005 -•6s,z1,941
XHIBIT 'A'
1
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the•sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref. Handbook 1344.1
09)
Page 3 of 5 ref.Handbook 1344.1
4010(06/2009)
Page 2 of 5 ref..Handbook 1344.1