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RES 2009-1421 - Hearing held December 22 2009 to determine if class I liq lic at Cheaters shoudl be canceled or revoked `, � RECEIVED Law Department u 1►is-s r,�� r-$1 Omaha/Douglas Civic Center z��`tirkJ ,t� �+ `�+� 09 DEC — I AM ��. I � 1819 Farnam Street,Suite 804 o . Omaha,Nebraska 68183-0804 �A ^'• (402)444-5115 4.44o FEtilw• CITY CL R:t Telefax(402)444-5125 City of Omaha O M A H A, N E B R A S E 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 ouncilmember Jerram. The Resolution sets a hearing to determine whether the Class "I" liquor license held by Cheaters,LLC, dba"Cheaters"at 3929 Farnam Street in Omaha,Nebraska, should be canceled. State statutes permit the City Council to cancel 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. This business previously operated as"Straight Shooters"and had its license cancelled by the Council and the Liquor Control Commission in 2007 due to large disturbances and fights among the customers who would gather in the street and disrupt neighboring businesses. The business was then sold and began operating as "Cheaters". To get approval for a license, the new owner negotiated with City staff and neighbors and agreed to several conditions in exchange for the City Council's recommendation of approval. The conditions were then imposed on the license by the Commission. A copy of the owner's agreement with the Council and the Commission order granting the license is attached to this resolution. Included in those conditions are a promise to operate as a"sports bar instead of a dance club" and that"Parties and events will be based around televised sports" so the events encourage"a serene crowd." On several dates since these promises were made, the business has advertised events that appear not to be based around televised sports. Examples of these promotions will be presented to you. Police and neighboring businesses report that the business is now attracting customers who are again causing disturbances. On July 29,2009,an altercation between customers is reported to have spilled over to a nearby business where shots were fired. On November 21, 2009, vandalism by a customer resulted in gunshots being fired by the bar's security guard to the detriment of neighboring residents. The Council may now wish to consider whether the activity being promoted is consistent with the promises and the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs • Honorable President and Members of the City Council Page 2 This resolution does not decide whether the license should be canceled. 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. If you are satisfied that a violation of the statutes or regulations may have occurred or good cause may exist,it is first necessary to schedule a hearing at which the allegations'can be further explored. By law,the hearing must occur within 10 days after passage of this resolution. For that reason, the resolution schedules a hearing for December 15, 2009. A vote on cancelling the license will be taken at that future meeting. Respe ly submitted, 1,4k Thomas O. Mumgaar Deputy City Attorne P:\LAW—CITY COUNCIL DOCUMENTS\2008\50350s1w.doc Edward Byrne Memorial JAG Reviewed by Law: Assistant City Attorney, Michelle Peters • BEFORE THE NEBRASKA LIQUOR CONTROL COMMISSION In Re: Cheaters LLC ) "Cheaters" ) 3929 Farnam Street ) ORDER Omaha NE 68104 ) ) Retail Class I-79587 Liquor License ) Now on the 23rd day of April, 2008, this matter came on for hearing before the Nebraska Liquor Control Commission upon an order to show cause whether or not the application should be approved and a license issued due to character and reputation and falsification of the application, i.e., applicant Monica Miller lists the following: 5/92 Theft by Shoplifting; 1/95 Theft by Shoplifting; 7/98 Forgery 2nd Degree; 3/99 Liquor, Open Containers; 9/99 Possess of Stolen Property. Fingerprints show Possess Stolen Property—Class I Misd., making said applicant ineligible to hold a liquor license under Neb. Rev. Stat. Sec. 53-125. Additionally, Investigator has concerns with Jerry Adams, who is ineligible to hold a license due to felony,possibly being a silent partner. Furthermore, local approved, with a statement of limitations signed by applicants. The applicant was present and represented by attorney Michael Kelley. The Commission was represented by Milissa Johnson-Wiles,Assistant Attorney General. THE COMMISSION FINDS: 1. That the application should be approved and a license issued according to law with the following limitations agreed upon between the local governing body and applicant: a. Licensee will not offer, advertise, or promote any public dancing on the premises. b. Licensee will not offer, advertise,promote, or allow any live musical performances on the premises. c. Licensee will not have any disc jockey or similar entertainment unless they have at least one paid uniformed off-duty Omaha police officer employed on the premises during the entertainment. d. That there will be adequate employee to customer ratio to be able to end any disturbance without use of unreasonable physical force. e. Licensee will create and maintain a website as an integral element in the marketing of Cheaters. This will aim at raising awareness and catching the attention of our target market instead of continuing to serve the prior business' market: f. The decor will embody the concept of a sports bar instead of a dance club. The decor at Cheaters will be modified to target upper class patrons. g. Entertainment by licensee will provide more structure and control of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs h. Licensee will post and enforce a minimum age of 25 for customers on Friday, Saturday and Sunday. That will be the minimum age on other days with the exception of people who are in the dart or pool leagues or watching the league play. i. Licensee will'enforce a written dress code that prohibits baggy pants, t- shirts, and hoody sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. j. Music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. k. Parties and events will be based around televised sports. 1. Licensee will market to UNMC employees and other businesses in the area with Happy Hour Specials. m. Licensee will not allow the building to be over capacity. n. Licensee will support the Midtown Business Association. Licensee will be a member and one of the co-owners of Cheaters will regularly participate in the monthly meetings. o. Every day licensee will have someone pick up trash, regardless of where it came from, along the street and sidewalk on both sides of Farnam Street from 39th Street to 41S`Street and both side of 40th Street from Farnam • Street to Harney Street. p. Licensee will post and enforce a"Ban and Bar" policy that bans anyone causing a disturbance or not following the rules for period of one year. Licensee will cooperate in prosecuting for trespassing anyone violating the ban. q. Signs will be prominently posted warning customers not to park on private property in the area. r. Licensee and employees will take reasonable steps to control customer's activity on the sidewalk and other areas outside the business so their actions do not disturb the business's neighbors. IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that the application of Cheaters LLC, dba"Cheaters", for a Retail Class I License at 3929 Farnam Street, Omaha, Nebraska, should be, and the same hereby is, approved, and that a license shall be issued according to law with the limitations as set forth above. IT IS FURTHER ORDERED that the applicant shall pay costs of this action, assessed in the amount o;$23.00. Dated this 16 day of May, 2008. NEBRASKA LIQUOR CONTROL COMMISSION BY (Chairm modified to target upper class patrons. g. Entertainment by licensee will provide more structure and control of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs I hereby certify this to be a true and correct copy of the original order entered herein, and further ce i, that a copy was mailed by U.S. Certified Mail, return receipt requested, on this (b day of May, 2008. - R CONTR(�<R,,, • ?, (Executive Director) si 14-4 W41. 010 ilk • 'O ,.,., • /4 'S,,`--_SEAt _,_ lations may have occurred or good cause may exist,it is first necessary to schedule a hearing at which the allegations'can be further explored. By law,the hearing must occur within 10 days after passage of this resolution. For that reason, the resolution schedules a hearing for December 15, 2009. A vote on cancelling the license will be taken at that future meeting. Respe ly submitted, 1,4k Thomas O. Mumgaar Deputy City Attorne P:\LAW—CITY COUNCIL DOCUMENTS\2008\50350s1w.doc Edward Byrne Memorial JAG Reviewed by Law: Assistant City Attorney, Michelle Peters h v • • STATEMENT OF CHEATERS, LLC, dba "Cheaters" This statement documents representations made to the Omaha City Council during its consideration of the application of Cheaters, LLC, (dba "Cheaters") for a Class `I' retail liquor license at 3929 Farnam Street in Omaha, Nebraska. These representations are made in recognition of the concerns of the City of Omaha and nearby residents and the mutual desire of all parties for a harmonious relationship. The President of Cheaters, LLC, promises and commits that if the City Council recommends approval of the retail liquor license the business will be operated in accordance with all of the following limitations and representations: 1. Those stated in the Statement of Business Activity submitted to the City Council. 2. Those stated in the application. 3. Those stated in the attached business outline. I understand that the Omaha City Council will rely upon these representations in making its decision and that any failure to keep any part of these promises without reasonable excuse may be grounds for canceling or revoking any retail liquor license or any dance permit held by Cheaters, LLC, at 3929 Farnam Street, including revocation pursuant to Omaha Municipal Code § 15-42. Dated this day of January, 2008. Cheaters, LLC, By: Monica Mil er President ausing a disturbance or not following the rules for period of one year. Licensee will cooperate in prosecuting for trespassing anyone violating the ban. q. Signs will be prominently posted warning customers not to park on private property in the area. r. Licensee and employees will take reasonable steps to control customer's activity on the sidewalk and other areas outside the business so their actions do not disturb the business's neighbors. IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that the application of Cheaters LLC, dba"Cheaters", for a Retail Class I License at 3929 Farnam Street, Omaha, Nebraska, should be, and the same hereby is, approved, and that a license shall be issued according to law with the limitations as set forth above. IT IS FURTHER ORDERED that the applicant shall pay costs of this action, assessed in the amount o;$23.00. Dated this 16 day of May, 2008. NEBRASKA LIQUOR CONTROL COMMISSION BY (Chairm modified to target upper class patrons. g. Entertainment by licensee will provide more structure and control of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs CHEATERS BUSINESS OUTLINE As the new owner of what will now be known as Cheaters, I understand that the nightclub business is not as simple as selling alcohol, counting the cash or dreaming up the next "hip idea". I have worked as an apprentice in a nightclub to better understand this type of operation. This experience coupled with my business degree give me a strong foundation to implement my ideas as an entrepreneur. Marketing is essential in the nightclub business as it determines the clientele you will attract. I intend to increase the level of awareness of what Cheaters has to offer a mature clientele that is different than the clientele of the previous business. This will be a major step in forward in making Cheaters a good neighbor. The following information details the changes that can be expected: 1. I will not offer, advertise, or promote any public dancing on the premises. 2. I will not offer, advertise, promote, or allow any live musical performances on the premises. • 3. I will not have any disc jockey or similar entertainment unless I also have at least one paid unifoiiued off-duty Omaha police officer employed on the premises during the entertainment. 4. There will be an adequate employee to customer ratio to be able to end any disturbance without use of unreasonable physical force. 5. I will create and maintain a website as an integral element in the marketing of Cheaters. This will aim at raising awareness and catching the attention of our target market instead of continuing to serve the prior business' market. 6. The decor will embody the concept of a sports bar instead of a dance club. The decor at Cheaters will be modified to target upper class patrons. 7. The entertainment I offer will provide more structure and control of the patrons. I will emphasize the pool and dart leagues, which have both proven to be successful in the past. There will be events planned that encourage a serene crowd. • 8. I will post and enforce a minimum age of 25 for my customers on Friday, Saturday, and Sunday. That will be the minimum age on other days with the exception of people • who are in the dart or pool leagues or watching the league play. 9. I will post and enforce a written dress code that prohibits baggy pants, t-shirts, and hoody sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs • 11. Any parties and events I have will be based around televised sports. 12. I will market to UNMC employees and other businesses in the area with Happy Hour Specials. 13. I will not allow the building to be over capacity. 14. I will support the Midtown Business Association. I will be a member and one of the co-owners of Cheaters will regularly participate in the monthly meetings. 15. Every day I will have someone pick up trash, regardless of where it came from, along the street and sidewalk on both sides of Farnam Street from 39th Street to 41st Street and both sides of 40th Street from Farnam Street to Harney Street. 16. I will post and enforce a "Ban and Bar" policy that bans anyone causing a disturbance or not following my rules for a period of one year. I will cooperate in prosecuting for trespassing anyone violating the ban. 17. Signs will be prominently posted warning customers not to park on private property in the area. 18. I or my employees will take reasonable steps to control my customers' activity on the sidewalk and other areas outside the business so their actions do not disturb my business's neighbors. Sincerely Moni a Mille On be alf of heaters, LLC and & Shaneika Colbert, co-owner ' f r • and maintain a website as an integral element in the marketing of Cheaters. This will aim at raising awareness and catching the attention of our target market instead of continuing to serve the prior business' market. 6. The decor will embody the concept of a sports bar instead of a dance club. The decor at Cheaters will be modified to target upper class patrons. 7. The entertainment I offer will provide more structure and control of the patrons. I will emphasize the pool and dart leagues, which have both proven to be successful in the past. There will be events planned that encourage a serene crowd. • 8. I will post and enforce a minimum age of 25 for my customers on Friday, Saturday, and Sunday. That will be the minimum age on other days with the exception of people • who are in the dart or pool leagues or watching the league play. 9. I will post and enforce a written dress code that prohibits baggy pants, t-shirts, and hoody sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs CITY OF OMAHA RETAIL LIQUOR LICENSE APPLICANT'S STATEMENT OF BUSINESS ACTIVITY In accordance with Omaha:City Ordinance section 15-22, this statement of business activity is submitted to the Omaha City Council. Ordinance section 15-22 requires all applicants for retail liquor licenses to submit a written statement describing all types of business or activity that will be operated on the premises in conjunction with the proposed license.. A failure to includ.e a business or activity will be considered by the City Council as the applicant's representation that the omitted business or activity will not occur on the licensed premises without City Council approval. Failure to operate consistent with this statement may be grounds for cancellation, revocation, suspension, or non-renewal of the license (OMC-§ 15-42). DESCRIBE ALL BUSINESS OR OTHER ACTIVITY THAT WILL OCCUR ON THE LICENSED PREMISES. - >{ V's,\ (Lad De i n c. ; ocy et • • Continue on reverse side Ci/7'CL.T/e-IL S Corporation and/or Trade.Na., e (Ei ase Print) Signature & Title of App scant or Authorized Representative • ` '' rely Moni a Mille On be alf of heaters, LLC and & Shaneika Colbert, co-owner ' f r • and maintain a website as an integral element in the marketing of Cheaters. This will aim at raising awareness and catching the attention of our target market instead of continuing to serve the prior business' market. 6. The decor will embody the concept of a sports bar instead of a dance club. The decor at Cheaters will be modified to target upper class patrons. 7. The entertainment I offer will provide more structure and control of the patrons. I will emphasize the pool and dart leagues, which have both proven to be successful in the past. There will be events planned that encourage a serene crowd. • 8. I will post and enforce a minimum age of 25 for my customers on Friday, Saturday, and Sunday. That will be the minimum age on other days with the exception of people • who are in the dart or pool leagues or watching the league play. 9. I will post and enforce a written dress code that prohibits baggy pants, t-shirts, and hoody sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs REQUEST TO LAW DEp,v, it 2°19 NM 23 2: 29 LAW DEPARTMENT USE ONLY: LOG BOOK# 233-09 = CLERK TO: Paul Kratz, City Attorney DATE ASSIGNED 11/23/09 DATE: November 23, 2009 ASSIGNED TO DATE ANSWERED 1113010 9 WITHDRAWN REQUEST BEING MADE BY: Buster Brown City Clerk 5557 (NAME) (DEPARTMENT) (PHONE) TIME LINE: December 8, 2009 City Council Meeting 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT REQUEST FOR: Resolution for Revocation of Class "I" Liquor License (State Specifically What You Are Requesting) DETAILS: Please prepare a resolution sponsored by Councilmember Chris Jerram for the revocation of the Class "I" Liquor License for Cheaters, LLC, dba "Cheaters", 3929 Farnam Street. INFORMATION ATTACHED: YES X NO NONE AVAILABLE REVISED: 01/02/92 ,\ (Lad De i n c. ; ocy et • • Continue on reverse side Ci/7'CL.T/e-IL S Corporation and/or Trade.Na., e (Ei ase Print) Signature & Title of App scant or Authorized Representative • ` '' rely Moni a Mille On be alf of heaters, LLC and & Shaneika Colbert, co-owner ' f r • and maintain a website as an integral element in the marketing of Cheaters. This will aim at raising awareness and catching the attention of our target market instead of continuing to serve the prior business' market. 6. The decor will embody the concept of a sports bar instead of a dance club. The decor at Cheaters will be modified to target upper class patrons. 7. The entertainment I offer will provide more structure and control of the patrons. I will emphasize the pool and dart leagues, which have both proven to be successful in the past. There will be events planned that encourage a serene crowd. • 8. I will post and enforce a minimum age of 25 for my customers on Friday, Saturday, and Sunday. That will be the minimum age on other days with the exception of people • who are in the dart or pool leagues or watching the league play. 9. I will post and enforce a written dress code that prohibits baggy pants, t-shirts, and hoody sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs 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, Cheaters, LLC,-dba "Cheaters" at 3929 Farnam Street in Omaha, Nebraska, holds a Class "I" liquor license issued for the 2009-2010 licensing year; and, WHEREAS, this Council has received reports from the Omaha Police Department and neighboring property owners and residents evidencing that violations of rules and regulations relating to alcoholic liquor occurred on the licensed premises of Cheaters or adjacent outdoor areas on the following listed dates: OCCURENCE DATE VIOLATION July 29, 2009 a) Disturbance allowed on or about the premises. April 18, 2009 b) Failure to operate in accordance with license July 5, 2009 conditions and representations made to obtain a July 29, 2009 license, specifically license conditions of issuance September 4,2009 stated in paragraphs 1 f, 1 g, lh, 1 j, 1 k, 1 n, 1 o, and 1 r September 5, 2009 of the licensing order, contrary to Liquor Control September 25, 2009 Commission regulations 020.01 and 020.05. November 21, 2009 c) Failure to operate in accordance with the statement November 28, 2009 of business activity as required by Omaha and Tuesdays, Municipal Code section 15-22(b). Thursdays, and d) Failure to comply with and perform in accordance Fridays in 2009 with the statements, representations, and promises made to the City Council in connection with the request for a license, as described in Omaha Municipal Code section 15-42(d). e) Operating in a manner evidencing the licensee gave false or misleading information to the Nebraska Liquor Control Commission contrary to Liquor Control Commission regulation 010.01. By Councilmember Adopted City Clerk Approved Mayor sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs • MOTION BY COUNCILMEMBER THOMPSON I hereby move that Council Document No. 1421, Current Series, be amended as follows: I. Page 2 of the Resolution, Line 6, following the word "cancelled" insert the language "or revoked." II. Page 2 of the Resolution, Line 11, following the word "cancelled" insert the language "or revoked." { III. Page 2 of the Resolution, Line 14, delete the figure "15" insert in lieu thereof the figure "22." IV. Page 2 of the Resolution, Line 16, following the word "cancelled" insert the language "or revoked." APPRO D AS TO FORM: CITY T ORNEY DATE ll be taken at that future meeting. Respe ly submitted, 1,4k Thomas O. Mumgaar Deputy City Attorne P:\LAW—CITY COUNCIL DOCUMENTS\2008\50350s1w.doc Edward Byrne Memorial JAG Reviewed by Law: Assistant City Attorney, Michelle Peters C-25A CM/ of OMAHA 4? by& 1w. I I Page 2 LEGISLATIVE CHAMBER 93 /Z i;-0 /p O Omaha,Nebraska and, WHEREAS, regulations validly adopted by the Nebraska Liquor Control Commission, and ordinances adopted by the City of Omaha prohibit the conduct reported by Omaha police and neighboring property owners and residents; and, WHEREAS, conduct by the licensee and/or its agents and employees show a 1 continuing pattern of conduct that constitutes good cause for the license to be cancelled or revoked; and, WHEREAS, this City Council is satisfied that the reports substantially evidence - a violation of valid and subsisting regulations and ordinances relating to alcoholic liquor and present reasonable cause to believe that conduct of Cheaters, LLC, presents cause for the license to be cancelled, and that a hearing should be held to determine if the retail liquor license held by Cheaters, LLC, should be cancelled or revoked. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, a hearing shall be held on December 22, 2009, to determine if the Class "I" retail liquor license held by Cheaters, LLC, dba"Cheaters" at 3929 Farnam Street in Omaha, Nebraska should be cancelled or revoked. BE IT FURTHER RESOLVED: THAT, the hearing shall commence at 2:00 p.m., or as soon thereafter as the matter is reached on the City Council agenda, in the Chambers of the Omaha City Council at 1819 Farnam Street, Omaha, Nebraska, and the City Clerk shall serve notice of the time and place of the hearing and of the facts upon which the charge -“-: based. APP OVE1 FORM: DEPUTY CI A E P:\LAW—CITY COUNCIL DOCUMENTS\2008\50351s1w.doc By ,„, Councilmember Adopted °EC /8 0,, �f._ .d l�'� i�y�6T�f , Cit_S:r _v4_1 -.-- ------- y ClerkOfari , / Approved. . PP Mayor 1 in a manner evidencing the licensee gave false or misleading information to the Nebraska Liquor Control Commission contrary to Liquor Control Commission regulation 010.01. By Councilmember Adopted City Clerk Approved Mayor sweatshirts. In addition, when a disc jockey or similar entertainment is offered, the dress code will prohibit sports team jerseys. 10. The music offered on the juke box will be aimed towards the pool/dart players rather than a dance crowd. l of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd. nd the license conditions and whether those promises were made falsely or with the intent to mislead. Contract Award recipient agree to all applicable federal and state laws,rules and regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award. All Awards are subject to availability of Federal Funding. A / L 14-1, /Q-2/- a9 Laurie A. Scott,Acting Lieutenant Authorized Signature o plicant Date Print or Type Name Zelj_ ///7 Fred E Zwonechek, Administrator • �. representative Date Print or Type Name Return completed form to: Nebraska Office of Highway Safety Phone(402)471-2515 P.O.Box 94612 FAX(402)471-3865 Lincoln,Nebraska 68509-4612 TO BE COMPLETED BY NOHS FUNDING ASSISTANCE: The NO.1-11 will ovide reimbursement for the following expenditures: Overtime Salaries$ ja/7,/O and Mileage$ Total Reimbursement not to xceed$ FOR NOHS USE ONLY Project No.:l/JQy/D B: V DP: Contract Approval Date: 1 /6'101 Revised 08/2008 OT page!of 2 / r. Address: Ip,OOZOre,Street/P.O. 0LK az, SCity c aooJ 0ie4 lU N.Ez�p tj �i f Email Address: m Ve•«P.(e @ f.,KQ'ta_rec✓r,'l` ,Cobs n =u n tJ pcs V V� N r 'Pee CD O ilk 0 C) v' .., ,1 e, 8• ` a. 0 a 'S % ) w cx) 6 io P 0- 1:$ : C :: i 0 coc, PC'' w (� O. 000 CD CD ; k IN U1 thereof the figure "22." IV. Page 2 of the Resolution, Line 16, following the word "cancelled" insert the language "or revoked." APPRO D AS TO FORM: CITY T ORNEY DATE ll be taken at that future meeting. Respe ly submitted, 1,4k Thomas O. Mumgaar Deputy City Attorne P:\LAW—CITY COUNCIL DOCUMENTS\2008\50350s1w.doc Edward Byrne Memorial JAG Reviewed by Law: Assistant City Attorney, Michelle Peters • TO CV • : ALL CMS DIST.#1 DIST MST.13 DIST#4 DIST.#5 DIST. !MT."? CH.OF STAFF STAFF CITY CLERK LOBBYIST DEC u 4 '.ray REAL ESTATE TIME la'," PROPERTIES, LLC December 4, 2009 Councilman Chris Jerram Omaha-Douglas Bldg. 1819 Farnam St. Omaha, NE 68183 Re: Cheater's Bar Dear Councilman Jerram: My name is Jill Goodrich, owner and manager of MG Real Estate Properties, LLC. My husband and I have several rental properties, most are located in the Mid-town area. On November 22, 2009 I received a phone call from the Omaha Police Department informing me that there had been a shooting nearby one of our rental properties located on the corner of 40th and Harney St., caddy corner from Cheater's Bar. We also own the commercial bays located on the corner on 40th and Farnam St., directly west the Cheater's Bar. I have enclosed a map to give you a better idea of how close our buildings are to Cheater's Bar. I was informed by the detectives at the scene that they needed to enter one of our tenant's apartment due to a gun shot that went through the apartment window. I have enclosed pictures of the damage caused by this gun fire. The bullet went through our tenant's bedroom window, hit the doorway in to the bedroom, rica shaded towards the bathroom doorway and landed in the basement of his apartment. • Approximately five minutes prior to the sound of gun fire, two of our tenants arrived home, parked their car in the parking lot, which is located in the back of the building less than 100 feet from Cheater's Bar. They then walked around the eastside to the front of the building to enter their apartment. These two young ladies are so scared, if they had gotten home just minutes earlier, they would have been caught in the middle of these gun shot. I spent most of that Sunday and Monday talking and listening to tenants from this complex; minimizing their fears as well as their parent's. As stated earlier, we have other rental properties in the Mid-town area. Many of our tenants renew their leases; some have been with us for over nine years. This is not the case at this location. No one ever stays longer then a year (term of lease) and some have opted to break their lease because they can not stand nor tolerate the behavior coming from the bar. I have enclosed a 30 day notice that I received from one of our past tenant's, ironically she and her nine year old daughter lived in the apartment that was shot at during this last known incident at Cheater's Bar. My biggest obstacle when renting a vacate apartment at the 40th and Harney St. building or the commercial bays located at 40th and Farnam St. is NOT the apartment nor the location, it's Cheater's Bar. Cheater's Bar is a cancer cell that is slowly taking over the area. If nothing is done but a slap on the hands and a promise from the owners; we will soon have an area that has no life and no one around to make it the thriving business/residential district it could be. Please help us get our neighborhood back! Respectfully, Jill Goodrich, owner MG Real Estate Properties, LLC PO Box 31205 Omaha, NE 68131 402 553-8393 Enclosed: Map of Area Pictures of damage to Apartment#1 (320 S. 40th St.) Copy of 30 day notice Copy of recent flyer distributed by Cheater's Bar Z • • -n CD D 0 CD a n D CD 0 O Q -1 C N ♦ CD Q CD a. N CO 1 "S • IleN/Q O ^n ��'•c> -, O T I Q 0 O D ♦ \ cn cn \ `/--F• -. > �/ I ) A rn V Jam_ ,�J,7 `V�' "'F" 4 00 Q /�) J CD �V 0� �� N 7. ♦ Q CV —I- Cr) U-a , --I- ---I- 4t 0 O4t7 `� O n O 7 > m w Ei o0 ° � F S X G o N.) Yt ♦ m n (DD ' N O Q CD •a-nQ D x 78tm O ,D 3 4t a Q3 WQo > o 7 CD Q 7 0 ' >so 'O T • / • A 3-4- m 0 scO 32O rt 7O CD Q CO r CD m N Q CD 0 - �„ Q- v° Cl) o N r 0 Q r a0 �o 0 ♦ 03 XI o K p Q no • n -0 n 6 m (D ,-, a 3 Er Po ao ° p°o 8t 0 v O a (D r r r 0 artment#1 (320 S. 40th St.) Copy of 30 day notice Copy of recent flyer distributed by Cheater's Bar • � .I I 1 9 s ?. t',a ,i v ' • _ �•'�1'C`r ' i ; r . r _it A i • fi � A "= ), u • r. • a�r+ • 4n• • at .. i' c .. 17 • ..,....32° 3 ' Lilo J.4--- . t, , , . .„ ._ .. .... . ..., . . -.-:.., ,.,. , , f 'I . ,•y�, .:.... * 'I I. • CO/1/ abg[3 4)15 ,(0 717061 J •— etyl 9tvi nej 4 30- da,j (asf dad oP reai'o(.( Lite .3ab S gotA 'I hp"- #- / vit' U JG'(_ffuL 30 ,* 0606i, - 6.1,ite off itbozif kb' f1fi'e2 sw fw ola-k we !i kitAL /-1L2Gk, INitii q Artikwd/i/(ci- aolidif-e_sc, :� ls 0/4i1-101 vio i� ta-u-e./ ct� wit �u �a� � �Ct�c�.f.-�-1�vr f7'P� �t f �.. k�-c!e.1tiJ IrL�3 fi7 C�o GFf �.��ea-tR !"S dQ l� a f/2 Y�2J av�o 01_ prtperh6 � tu�� da��-uer • "� -�- vas;d.e w�c_—��Gl t-�u( �- Sa � �X' is�, � '� jr� o s ©Op Pf r A 1 j J 1 ,-.' . V d d i f eg Sti'e iti ' -'' . . a Ef - -. S r ^ r !, [ � ( Y ' �Y+. -�.�., +,y` a 9 a{a,f,..Y`4€'tax.M f^ `. y {1I _ 1'v c 7 r• >> j • _ - ``l' � I � _ -1 �r�' 1� 0q +=a x e%i ,.. j i -1 V :::N y r`"`i �? . 4. ,J`?y .k "' '['1L AILlif�(. 0 t; a o -' S''-t ..e ruts e ' ,, �, l� .,lrJ,�., I er • "� -�- vas;d.e w�c_—��Gl t-�u( �- Sa � �X' is�, � '� jr� o s ,1dlA 4. yF R E FIVE z � �� M 09 DEC I I I€ 10: 4.9 Office of the Mayor It�'� � 1819 Parnam Street,Suite 300 ®&' I11r4► Omaha,Nebraska 68183-0300 °a kA CITY CLERK c (402)444-5000 '1 PEDI°r FAX: (402)444-6059 OMAHA, NEBrL:Y City of Omaha Jim Static,Mayor December 7, 2009 Judy Alderman, President Midtown Neighborhood Alliance 4225 Cuming Street Omaha, NE 68131 Dear Judy: I support the Midtown Neighborhood Alliance's effort to revoke the liquor license of Cheater's Bar. We are working with Councilman Chris Jerram on the details of this matter. Public safety is vital to the City of Omaha. An establishment that brings fights, noise disturbances and shootings to any neighborhood is not safe. • Thank you for your time and commitment to keeping Omaha's neighborhoods peaceful and secure. I urge you to support Councilman Jerram's plan of action to ensure a safer city. Kind regards, • /lim Suttle, Mayor City of Omaha TO ALL CMI'S �� JS/tm DIST — OIST DIST.#3__.... Cc: Garry Gernandt, President, Omaha City Council DIET#4 `'� DIST.05... ...�.»�Chris Jerram, City Council District #3 DIST /AS— ... -. DlSI:CT Gwen Howard, State Senator CH.{ .CTAFF— Omaha Police Chief Alex Hayes CITY _w CLERK Jim Champion, Midtown Business Association LOC:WISE__— VaI McPherson, Midtown Business Association Jamie Grayson, Destination Midtown DEC i :. T 9 =D a Po ao ° p°o 8t 0 v O a (D r r r 0 artment#1 (320 S. 40th St.) Copy of 30 day notice Copy of recent flyer distributed by Cheater's Bar RECEIVED • /Mr/ , • 4239 Famam Street IROI dtown 09 NOV30 AP 9: 28 Room 10 Nov C I i Omaha, NE 68131 i 1 0 Ar A, 11 _ Rail, (A s ssissociaon ina Bu The Midtown Business Association would like to request that the liquor license for Cheater's Bar at 40th and Farnam be cancelled for the following reasons: 1. Neighborhood safety for both residents and businesses in the area.Two recent shootings have occurred because of activity related to patrons of the bar, along with numerous disturbances that have required Omaha Police presence to disperse the crowds. Recent violence is spiraling upward,and if not addressed by the cancellation of the license,will no doubt lead to a serious injury or death in the area. Businesses have already left the area due to these problems, and no doubt others will follow if this continues.This scenario leaves us with empty storefronts that cannot be filled due to fears and concerns about Cheater's Bar. 2. Underage drinking issues have always been suspected, and were confirmed when a 20 year old patron of Cheater's Bar was recently shot by an off duty Omaha Police officer after being involved in an altercation inside of the bar.There is no doubt that other patrons are also underage,as the crowds observed at the bar appear to be in that demographic range. 3. Illegal alcohol purchasing by Cheater's staff for resale inside of the bar has long been suspected by neighbors, and observations have been made of staff members of Cheater's Bar routinely bringing large amounts of beer and hard liquor into the building from their own personal vehicles. 4. Overcrowding issues related to special nights such as"ladies night"on Thursdays, and "BOGO" night on Friday.The owners of Cheater's Bar promised in writing to the City of Omaha and the State Liquor Commission that they would not have such events, and would change the theme of the bar to an upscale sports bar that caters to a more mature clientele as part of their approval process to obtain their license. None of their promised changes have ever happened,and they are right back to the same method of operations as their predecessor,Straight Shooter's Bar.As you recall,Straight Shooter's Bar had their license cancelled by the State Liquor Commission as well,due to their inability to maintain a safe and responsible environment. 1 AMA • 111,111 dtown 4239 Famam IMF Room 10 Business ssociton Omaha, NE 68131 5. Negative publicity for the area is becoming routine due to the continued mayhem brought about by activity at this bar. Midtown Omaha is in the middle of a once-in-a- lifetime revitalization,with hundreds of millions of dollars being reinvested in the area. What a shame it is to see that energy being shot down by one irresponsible bar operation that could care less about its neighbors and the community.That sort of negative publicity can take years to overcome,especially in urban areas where positive momentum is needed the most. Please do the right thing and end this long ordeal before someone is killed, and before all of the momentum in Midtown is lost due to negative perceptions created by this bar.We believe that being in business requires someone to be both legally and ethically responsible, and we have become convinced that Cheater's Bar has no intention of ever living up to that standard. Please vote to cancel the liquor license for Cheater's Bar. Val McPherson r n wn Business Association . Jim ampion—E cutive Director/Midtown Business Association e_k ✓ (4• i) b"ii- Voo'7 of the bar.There is no doubt that other patrons are also underage,as the crowds observed at the bar appear to be in that demographic range. 3. Illegal alcohol purchasing by Cheater's staff for resale inside of the bar has long been suspected by neighbors, and observations have been made of staff members of Cheater's Bar routinely bringing large amounts of beer and hard liquor into the building from their own personal vehicles. 4. Overcrowding issues related to special nights such as"ladies night"on Thursdays, and "BOGO" night on Friday.The owners of Cheater's Bar promised in writing to the City of Omaha and the State Liquor Commission that they would not have such events, and would change the theme of the bar to an upscale sports bar that caters to a more mature clientele as part of their approval process to obtain their license. None of their promised changes have ever happened,and they are right back to the same method of operations as their predecessor,Straight Shooter's Bar.As you recall,Straight Shooter's Bar had their license cancelled by the State Liquor Commission as well,due to their inability to maintain a safe and responsible environment. • MIDTOWN neighk'orhood ALLIANCE November 25,2009 Liquor Control Commission Aksarben-Elmwood Park P.O.Box 95046 Lincoln,NE 68509-5046 Bemis Park The Midtown Neighborhood Alliance (MNA) supports the City of Omaha in the Blackstone attempt to again revoke the liquor license of Cheater's Bar at 40th and Farnam. Columbus Park The types of events held at this establishment, and the clientele attracted to those activities have created an environment that is extremely detrimental to the Dundee Memorial Park surrounding neighborhoods. On-going late night fights and noise disturbances have been common over the past two years.But especially in light of the recent Elmwood Park shooting at this location,it has become imperative that action be taken so that neighbors do not live in fear of what will happen next. Field Club Since the owner of Cheater's Bar has violated the conditions placed on the license Ford Birthsite when it was initially approved,MNA asks that the Liquor Control Commission bring an end to this situation by revoking the license at once. Gifford Park We appreciate your attention to this issue. Hanscom Park Leavenworth The Officers and Board Midtown Neighborhood Alliance Morton Meadows President,Judy Alderman North Gold Coast Cc: Mayor Jim Suttle, Omaha Park East Mr. Gary Gemandt, President Omaha City Council Mr. Chris Jerram, City Council District#3 Ms.Gwen Howard,State Senator Omaha Police Chief Alex Hayes Jim Champion, Midtown Business Association Jamie Grayson, Destination Midtown Midtown Neighborhood Alliance 4225 Cuming Street,Omaha,NE 68131 MNA is an alliance of Midtown neighborhood associations whose common mission is to preserve the integrity of and advocate for a vibrant community which is sustainable,secure,diverse,historically rich and economically strong. mature clientele as part of their approval process to obtain their license. None of their promised changes have ever happened,and they are right back to the same method of operations as their predecessor,Straight Shooter's Bar.As you recall,Straight Shooter's Bar had their license cancelled by the State Liquor Commission as well,due to their inability to maintain a safe and responsible environment. • MIDTOWN CROSSING December 1, 2009 Chris Jerram Omaha City Council Omaha-Douglas Civic Center 1819 Farnam St. Omaha, NE 68183 Cheater's Bar Dear Councilman Jerram: As president of East Campus Realty LLC.the Mutual of Omaha subsidiary that owns the Midtown Crossing at Turner Park development, I am writing to express my serious concerns over the negative impact Cheater's bar is having on the Midtown neighborhood. Through Midtown Crossing, Mutual of Omaha has invested more than$300 million in the Midtown neighborhood. Inspired by the Destination Midtown study, our goals were to create a positive, desirable atmosphere that would encourage new residential and retail investment in Midtown. I lowever, these investments—and the community redevelopment goals that they represent—are threatened by the negative activity occurring at Cheater's bar. The recent police-involved shooting is only the most recent example in an ongoing pattern of unruly, threatening and violent behavior by patrons of Cheater's bar. Clearly, Cheater's bar attracts individuals who do not respect the neighborhood, its residents or their property and its owners are unable or unwilling to control its customers. I encourage you to act in the interest of Midtown Omaha, its businesses and residents to take all lawful steps in your power to immediately address the problems caused by Cheater's. Thank you for your attention to this serious matter. Sincerely, Kenneth R. Cook President, East Campus Realty, LLC cc: Tom Mumgaard,Assistant City Attorney Senator Omaha Police Chief Alex Hayes Jim Champion, Midtown Business Association Jamie Grayson, Destination Midtown Midtown Neighborhood Alliance 4225 Cuming Street,Omaha,NE 68131 MNA is an alliance of Midtown neighborhood associations whose common mission is to preserve the integrity of and advocate for a vibrant community which is sustainable,secure,diverse,historically rich and economically strong. mature clientele as part of their approval process to obtain their license. None of their promised changes have ever happened,and they are right back to the same method of operations as their predecessor,Straight Shooter's Bar.As you recall,Straight Shooter's Bar had their license cancelled by the State Liquor Commission as well,due to their inability to maintain a safe and responsible environment. NetasUNIVE °F Medical Center OFFICE OF THE VICE CHANCELLOR NEBRASKA'S HEALTH SCIENCE CENTER FOR BUSINESS AND FINANCE December 1,2009 Tom Mumgaard Deputy City Attorney City of Omaha Law Department 1819 Farnam St. Omaha,Nebraska 68183 Dear Mr.Mumgaard: It is my understanding that the City Council will be considering a resolution to revoke the liquor license for Cheater's Bar located at 3929 Famam Street. Cheater's Bar is one block from the University of Nebraska Medical Center(UNMC)campus border. The escalating violent nature of the police calls to the Cheater's Bar is of great concern to the University of Nebraska Medical Center. As you know,UNMC and our hospital partner operate 24-hours per day. There are employees,students and staff who are on campus and in the hospitals at all hours of the day and night. Shift changes occur during the day,in the evenings and after midnight. In addition,there are a significant number of students that live in housing in the area near Cheater's Bar. UNMC has experienced problems in the northeast area of the campus. The UNMC Campus Security have responded to calls for assistance to that northeastern border of our campus to deal with inebriated persons disrupting campus offices and intimidating students,staff and faculty. We have a number of requests for Campus Security to escort staff and students to vehicles parked on that side of campus because people are concerned about their safety to get either to their vehicle or walk to a residence. • We recently improved the security at our Administration Center located one block from Cheater's Bar because of inebriated individuals roaming into the building during normal business hours. UNMC has major construction projects underway on 40th Street south of Farnam Street. We are concerned that the current situation is not good and that the violent nature of the police calls will continue to escalate.It is affecting our campus operations. The current situation has caused us additional expense to increase our security to provide a safe area for UNMC students,staff and faculty. We support the City • is cil resol • to revoke the license. Sincere IPA'/ t I * , , Don Leuenberger Vice Chancellor of Business and Finance University of Nebraska Medical Center Omaha,Nebraska 69198 • K:\2009 State Issues\City of Omaha,Cheater's Bar Resolution, 11-30-2009.docx 986680 Nebraska Medical Center / Omaha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. F , rf / I CORPORATE OFFICE 4973 DODGE ST. OMAHA, NE 68131 PHONE: (402)558-9860 FAX: (402)558-1669 serving the Omaha/council Bluffs area since 1982 December 4,2009 As a business owner I have genuine concerns for the safety of our customers and property near the Cheaters Bar. Over the span of several years,we have had continuing problems of large groups of up to 25 patrons of Cheaters bar entering our store after bar closing time. Their patrons have ransacked the store, shoplifted and destroyed our property to the point of us having to lock our doors at times to prevent entrance into the store for the protection of our employees and property. These ongoing problems have not changed even with new ownership that promised to correct problems associated with Cheaters Bar. Sincerely, Steve Buchanan tr-;it National Indemnity Company A member of the Berkshire Hathaway group of insurance companies December 3, 2009 To Whom it May Concern: RE: Cheater's Bar Dear Sir or Madam: I am writing to encourage you to recommend cancellation of the Liquor License for Cheater's Bar. Our business has been at this location for about forty years and during that time there have been various bars in the neighborhood. For most of those years there have not been any problems but since Straight Shooters and now Cheaters have come to the neighborhood, we have watched the trash pile up at our location after each "special" night such as the Tuesday ladies nights,BOGO Friday nights, etc. Our maintenance staff must continually clean up glass, bottles and other trash. Besides this annoyance,good and viable businesses in the area have closed because their patrons and staff were harassed by customers of Cheaters. Most of our employees will not work here after dark as they fear for their safety in the area. The move to revitalize the Midtown and especially the 40th and Farnam area will never be accomplished while Cheater's remains open. Thank you in advance for your help to continue to improve Midtown. • Very truly yours, 66...._,4) 9kRr) udy Dye Claim Office Manager jd Claim QepartmeM•4016 Famam Street.Omaha,Nebraska 66131-30950Telephone 402-9164000•Fax:402-916.3031 E-mail;clalms@nationalindemnity.cem r walk to a residence. • We recently improved the security at our Administration Center located one block from Cheater's Bar because of inebriated individuals roaming into the building during normal business hours. UNMC has major construction projects underway on 40th Street south of Farnam Street. We are concerned that the current situation is not good and that the violent nature of the police calls will continue to escalate.It is affecting our campus operations. The current situation has caused us additional expense to increase our security to provide a safe area for UNMC students,staff and faculty. We support the City • is cil resol • to revoke the license. Sincere IPA'/ t I * , , Don Leuenberger Vice Chancellor of Business and Finance University of Nebraska Medical Center Omaha,Nebraska 69198 • K:\2009 State Issues\City of Omaha,Cheater's Bar Resolution, 11-30-2009.docx 986680 Nebraska Medical Center / Omaha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. ' As a Board member of the Midtown Business Association, I am certainly well aware of the detrimental environment that Cheater's Bar has and is imposing on the 40th & Farnam area. We lost the book store/small cafe across the street on the corner because of the bar and its patrons; we have other empty storefronts nearby and other businesses threatening to leave because of the bar and all the trouble it creates. Besides all that - which is reason enough to close the bar- I represent the American Red Cross at the Midtown Business Association. Here at the Red Cross, we have call center staff who work until 9 p.m. in the evenings every day of the week as well as bloodmobile staff who return from mobiles at all hours late at night or leaving sometimes in the wee hours of the morning. Staff report people parking in our lots and walking the short 1/2 block down the hill to Cheaters (they see them walking that direction at least) and also report beer bottles and trash in our lot frequently after party nights at Cheaters. When the bookstore was across from Cheaters, we had staff who would walk down there for lunch/dinner (night staff called it their lunch) until they became afraid because of the patrons milling about and the jeers. We have staff who like to take walks or jog on their long breaks and have to avoid that area because they are afraid. I find it ludicrous that we have to wait until someone is killed in a shooting or knifing before something is done to close a dangerous and obnoxious bar such as Cheaters. . The great renaissance happening mainly because of Midtown Crossing, but also with the Nebraska Medical Center, Creighton, and all the small and medium-sized businesses in between these large corporations is exciting and the best thing for Midtown and for Omaha. A vibrant Midtown area will only enhance the Downtown area as well as other adjoining areas. We have so very much to lose by not closing down Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. KS �► Q. ,o M iiir B.0 W I�� for u�a n inr LLi •r `u ''I nip 1 T IMP It December 2, 2009 ,q O2 RE: Cheaters Bar Q` hoOD ASS Councilman Chris Jerram and • Respected City Council Members, The Blackstone Neighborhood Association represents residents, businesses and churches in our service area which is Saddle Creek on the west, 36th Street on the east, Dodge Street on the north and Leavenworth Street on the south. The purpose of the association as stated in our by laws include but are not limited to: 1. The promotion of safety and security for all residents, businesses, other property owners and visitors to the Blackstone Neighborhood. 2. The promotion of better facilities and services to meet the needs of the residents in the neighborhood. 3. The maintenance and improvement of the physical appearance of the • neighborhood in order to make it an aesthetically distinctive and pleasing area of the city. It is no coincidence that Safety & Security is listed first. This is a basic need for our area and our larger community. Cheaters Bar at 40th&Farnam Streets made promises to get a liquor license in 2007 and has failed to honor those promises. Fights have continued, security personnel have been threatened and resorted to gun fire. Safety & Security is not associated with this corner of our neighborhood due to the operation of this business. You have the authority and the responsibility to recommend closure of this business. The Blackstone Neighborhood Association respectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. Attn :Liquor Control Commission November 30,2009 Lincoln,Ne Re: Cheaters Bar 40th and Farnam St. Omaha,Ne Dear Board members, 1 am writing to express my ongoing concerns with Cheaters Bar and why it is desperately necessary to shut them down once and for all. As a business owner in the immediate area of this bar,I have had many concerns for about 5 years now. Since the very beginning when the place was named Straight Shooters,and now Cheaters,there have been countless incidents that have been very disturbing and downright fearful for the area. As history has proven itself,we have been in front of the City and the State regarding this location countless times, and so far we have not been successful at getting them out. The unending police presence needed,the fights/brawls,disturbances,and now two shootings in a several month time span,should be ample reason to get them out of our area for good. Not to mention,the incredible development going on in our area cannot succeed with this type of establishment nearby. My business personally has suffered dramatically and will continue to do so as long as they are there. There are simply too many other places in our area where this type of thing doesn't happen.Please,please...I beg of you to consider revocation of their license and end our long fight with this location. We can no longer be subject to this type of disregard for public safety. Thank You. Sincerely, Dan Houlihan Sullivan's Bar 3926 Farnam st Omaha,Ne.68131 urity is not associated with this corner of our neighborhood due to the operation of this business. You have the authority and the responsibility to recommend closure of this business. The Blackstone Neighborhood Association respectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. • I'm a midtown business owner (Anderson Partners, 69th & Dodge) and a resident (44th & Woolworth Avenue) and I want to add my name to the long list of folks who oppose reinstatement of the Cheeters Bar liquor license at 40th & Farnam Street - - ever, to any member of the family that owns and manages this business. Like many other businesses in the area, from small businesses like mine and Cheeters' neighbors like Oxide Design and Iwen Photography, to large companies like Mutual of Omaha, we are, to use the poker analogy, "all in". With the renaissance of Midtown at stake, along with millions of dollars invested by businesses large and small, Cheeters is a dumb bet and I hope the City of Omaha and the State of Nebraska will take them "off the table". Sincerely, Scott Anderson CEO Anderson Partners, Inc. 6919 Dodge Street Omaha, NE 68132 4312 Woolworth Avenue Omaha, NE 68105 ble development going on in our area cannot succeed with this type of establishment nearby. My business personally has suffered dramatically and will continue to do so as long as they are there. There are simply too many other places in our area where this type of thing doesn't happen.Please,please...I beg of you to consider revocation of their license and end our long fight with this location. We can no longer be subject to this type of disregard for public safety. Thank You. Sincerely, Dan Houlihan Sullivan's Bar 3926 Farnam st Omaha,Ne.68131 urity is not associated with this corner of our neighborhood due to the operation of this business. You have the authority and the responsibility to recommend closure of this business. The Blackstone Neighborhood Association respectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. I was involved in welcoming Cheater's to our neighborhood when we were approached by the new owners taking over the bar from Straight Shooters. My business is across the street from Cheater's on 39th and Farnam. We were so encouraged at the possibility of that establishment actually becoming an asset to the neighborhood.All of us including the Omaha City Council and the Liquor Commission in Lincoln know the history of Straight Shooters. The new format,as we were told, was to be a sports bar catering to an older more adult crowd.The new owners also said they would pick up after their customers as the trash situation on the streets was horrendous under the previous management. Cheater's Bar is in no way operating differently from the previous Straight Shooters owners. The street fights,the loitering around the neighborhood after hours and the trash problem is no different at all.To me,Cheater's is just a ruse for operating as Straight Shooters did all along. The Omaha Police have been called numerous times to the location to break up fights and violence stemming from Cheater's. The violence has escalated now into something we cannot tolerate! Weapons are being thrown at officers,gunfire is exchanged and people's lives are in danger! • We absolutely cannot afford for this establishment to ruin all the years of hard work we have put into trying to revitalize this part of midtown Omaha. We should not have to accept this terrible and dangerous situation any longer! Please forward this letter on to all parties concerned. Rick Kate!man,Katelman Antiques and Restoration n of this business. You have the authority and the responsibility to recommend closure of this business. The Blackstone Neighborhood Association respectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. November 30, 2009 Subject: Cheaters Bar, 3929 Famam Street, Omaha To The Nebraska Liquor Control Commission: I own a business near 40th and Farnam Street and am concerned about safety of our neighborhood because of Cheaters bar. I am concerned not only for the safety of our neighborhood, but also for my employees,who sometimes work late at night in our building. As you are aware,there have been many disturbances where the Police have been called. Please consider the recommendation of our City Council and Mayor Suttle to close the bar. Respectfully Submitted, .Je f f'Abdo Jeff Abdo/Business and Property Owner Business Furniture Cleaning 3920 Farnam Street Omaha,NE 68131. 402-5 5 1-4547 with new ownership that promised to correct problems associated with Cheaters Bar. Sincerely, Steve Buchanan I am very proud of the renaissance in MidTown Omaha as of late, but Cheaters Bar continues to be a scar on a community that has a plethora of potential. Business owners nearby Cheaters have suffered tremendously due to their rowdiness and total disrespect for the neighborhood and surrounding community.This area of MidTown needs to shine again and this can only be possible with Cheaters gone for good.One of my main concerns is that when the liquor license for Straight Shooters 2 was revoked,ownership transfered over to members of the same family and it became Cheaters.While I'm very confident that Cheaters will indeed be shut down, I'm extremely worried that ownership will just transfer over to associates of theirs like it has in the past.What can be done to prevent this from happening?It is crucial that this does not happen again. Cheaters is only a name.We need to take down what that corner currently stands for: unlawful behavior and a total disrespect for the community. • so years ago, this business district used to close down the block to have block parties similar to Dundee days-bands,vendors, etc. It was a strong community with a lot of promise. Let's bring that back! (Author prefers to remain anonymous due to fear of reprisal) y cannot afford for this establishment to ruin all the years of hard work we have put into trying to revitalize this part of midtown Omaha. We should not have to accept this terrible and dangerous situation any longer! Please forward this letter on to all parties concerned. Rick Kate!man,Katelman Antiques and Restoration n of this business. You have the authority and the responsibility to recommend closure of this business. The Blackstone Neighborhood Association respectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. Jim at Charlie Graham Body and Service From: Ryan Atkinson Cryan@harvestomaha.comj Sent: Monday, November 30, 2009 12:18 PM To: jim@charliegraham.com Subject: Cheater's Liquor License Jim, I've been told that the Midtown Business Association and the Midtown Neighborhood Alliance are supporting the City in the attempt to revoke the liquor license of Cheater's Bar at 40th and Farnam. As a Midtown business owner I want to extend my complete support in your efforts. I've attended several meetings over the last few years hosted by the Omaha Chamber, the Midtown Business Association, Destination Midtown, and Activate0maha that have given me insight into the vision that exists for Midtown Omaha. This vision gives me great hope that the center of our city will become a progressive and vibrant place to live and do business. Just this weekend my wife and I drove West from Downtown on Farnam St. We were so excited to see all of the changes happening from I-480 to 38th Street. The neighborhood is changing for the better. We are very excited. Then of course as we approached the corner of 40th and Farnam we saw the remnants of the neighborhood in decline. I believe that the image that corner has as dangerous is one very important reason that businesses have struggled to succeed there. If you are successful in helping revoke the liquor license of Cheater's, then you will hopefully open the way for new businesses to fill the empty storefronts and bring life back to that neighborhood. If there is anything that I can do to help, please let me know. Good luck in your efforts, and thank you for all of your hard work. Thank you, Ryan Atkinson Harvest Design & Marketing 402.502.1288 office 402.516.8770 mobile harvestomaha.com 1 espectfully requests the City Council to revoke the license for Cheaters Bar. /'7 i James F. Farho Vice President Blackstone Neighborhood Association 3722 Dewey Avenue Omaha,NE 68105 Cheaters Bar. The City Council and the Liquor Commission must make the right decision - the only sensible decision -to close down Cheater's Bar-for good. Thank you. Judy Attebery I Division Director, Environmental, Health&Safety American Red Cross Mid-America Blood Services Division 3838 Dewey Avenue, Omaha, NE 68105 (402)233-7053 (p) I (402)203-6715(c) (402)280-8635 (f) I atteberyi(c�usa.redcross.org maha,NE 68198-6680 402-559-6300 / FAX:402-559-4396 / www.unmc.edu sible environment. To Whom It May Concern: I strongly support the closing of the Cheaters Bar. As a representative of a large insurance company that insures properties in the area, I have strong concerns about potential liability issues that could arise if someone is hurt on an adjoining property. The exposure is tremendous. Additionally the buildings we insure face higher exposure to vandalism, theft and destruction by fire. This type of exposure can lead to cancellation of insurance making availability a major issue. We need to protect the viability of this neighborhood. There is tremendous potential .if we can clean the area up. Please do what you can to reduce the risk by having the liquor license revoked for Cheaters Bar. Ron Niederhaus, CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan My name is Ben Rouch and I live at 671 N 59 St. I understand that you are consolidating neighborhood concerns and complaints regarding Cheaters Bar for the MidTown Neighborhood Alliance. I appreciate your efforts here as Cheaters is a detriment to the immediate surroundings as well as all midtown neighborhoods. It is places like Cheaters, and the unseemly activities that it produces, that keep our community from reaching its full potential. I think this area is ripe for a turnaround and it would be unfortunate if businesses like Cheaters kept it from being as vibrant as it could be. I strongly support the revocation of Cheaters' liquor license in order to help this neighborhood build a better future. Sincerely, Benjamin Rouch CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan • Greetings, • My name is Doug Nielsen and I am writing to voice my support in the effort to revoke the liquor license of Cheater's Bar at 40's and Farnam Streets. I am not a resident of the area,or a local business owner,but I am a proud citizen of Omaha and proponent of growth and redevelopment of the midtown and other urban districts that emphasizes the core values of human interaction and existence at an intimate/personal scale. I am a 26 year old architect,who's tired of seeing our city grow west because it is scared of the so called"ills"of society. There are business owners and residents excited for growth and change that comes with the removal of negative influences that plague some of our great neighborhoods. I recently was married and my photographer for my wedding was Brad Iwen,owner of]wen Exposures which currently moved in next to Cheater's Bar. Before Brad made his decision to invest his future in the area he called on my professional opinion,as well as many of his clients,about the perception and impact moving his company into the 39`s and Farnam location. We talked at length about how exciting this move could be and the potential of this area,and the direction that the development was heading. Every time we talked though the thoughts of"potential" and the"future"were overshadowed by the challenges of coexisting with Cheaters Bar and the safety/security issues that were guaranteed to be prevalent. Cheaters has a long history of negative behavior and violations,that were too great to ignore. Brad and I talked also about the design of his studio,and every time we would get excited and move forward with a great idea we had to scale it back because of the reality of theft,exposure,and vandalism Cheaters presents to the neighborhood. All of these issues can be solved through design,but what can not be ignored is the issue of safety for Brad's clients,himself,and for others who wish to live and thrive in the midtown community. Cheaters has every right to operate its business with the mission to make a profit and serve its clientele,but they do not have the right to continually provide an unlawful environment that disregards the safety and security for its neighbors and members of the midtown community. The greater Omaha area has a sense of fear and trepidation whenever the intersection 40th and Farnam is introduced,and it is not fair to the hard working,law abiding citizens that work to make that area prosperous and safe for generations to come. Let's please do something now to remove the fear and allow this neighborhood to grow! Doug Nielsen,Assoc.AIA Nielsen,Mayne Architecture 1010 South 120th Street,Suite 205 Omaha,Nebraska 68154-4211. Phone:402-330-2209 Fax:402-330-2369 _.__- _ LUND BROKERAGE • PRUPIiRTY M\p;.1RIi\IEN'7 • INYEST]IF\T ACQUISIrIn N • DIA rj.opMGTr • Cu...SULTlNc COMPANY C O r7 M E R e I A L REAL ESTATE December 7, 2009 Councilman Chris Jerram Omaha-Douglas Building 1819 Famam St. Omaha, NE 68183 RE: Cheater's Bar Dear Mr.Jerram; As a property owner in mid-town, I have a strong belief in the market that surrounds Cheater's Bar and have invested in many properties in the immediate area. Those across the street include 3928 Famam, 3824 Famam, 3922 Farnam, and 3916 Farnam. Additionally, I am scheduled to finalize a purchase of the property at 139 South 40th Street that currently houses the Nebraska Aids Project on December 18th of this year. The total investment in these properties is well over$1,000,000. I believe in small business and free enterprise and welcome any business that drives traffic to the area and conducts business in a positive and productive manner. My issue is that Cheater's and its predecessor Straight Shooter's have consistently proven that they are incapable of driving the desired traffic or conducting business in a way that has a positive impact on the neighborhood. My long-term intentions are to invest more money in my properties and in the area. I have worked with the architecture firm of Alley Poyner on plans for a major revitalization of my current properties that would dramatically enhance the corner of 40th&Famam by investing well over$1,000,000. However, I am unwilling to do so if the current business known as Cheater's continues. The result will be a continued degeneration of the neighborhood. Having owned and attempted to lease retail space and apartments across the street from Cheater's for several years, I can tell you that it is impossible to attract quality tenants. When my partners and I purchased our first property(3916 Farnam) in the area we were thrilled about the positive momentum that Destination Midtown and the wonderful neighborhood and business associations had created. That excitement only grew when shortly thereafter Mutual of Omaha announced its' plans for Midtown Crossing. Amazingly, any and all positive momentum in the area has been overshadowed by the destructive activities of Cheater's and its' patrons. Until our greater community proves that it will protect the neighborhood on this issue attracting quality tenants to my properties and to the immediate area is not feasible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• K1]1TELMAN COMPANY,,L , INC. 144 SOUTH 39th STREET OMAHA, NEBRASKA 68131 (402) 551-4388 12-2-09 Chris, d . As you know, I was involved in welcoming Cheater's to our neighborhood when we were approached by the new owners taking over the bar from Straight Shooters. My business is across the street from Cheater's on 39`h&Farnam. We were so encouraged at the possibility of that establishment actually becoming an asset to the neighborhood. All of us including the Omaha City Council and the Liquor Commission in Lincoln know the history of Straight Shooters. The new format, as we were told, was to be a sports bar catering to an older more adult crowd. The new owners also said they would pick up after their customers as the trash situation on the streets was horrendous under the previous management. Cheater's Bar is in no way operating differently from the previous Straight Shooters owners. The street fights, the loitering around the neighborhood after hours and the trash problem is no different at all. To me, Cheater's is just a ruse for operating as Straight Shooters did all along. The Omaha Police have been called numerous times to the location to break up fights and violence stemming from Cheaters. The violence has escalated now into something we cannot tolerate! Weapons are being thrown at officers, gunfire is exchanged and people's lives are in danger! We absolutely cannot afford for this establishment to ruin all the years of hard work we have put into trying to revitalise this part of midtown Omaha. We should not have to accept this terrible and dangerous situation any longer! Rick Katelman, Katelman Antiques and Restoration the street from Cheater's for several years, I can tell you that it is impossible to attract quality tenants. When my partners and I purchased our first property(3916 Farnam) in the area we were thrilled about the positive momentum that Destination Midtown and the wonderful neighborhood and business associations had created. That excitement only grew when shortly thereafter Mutual of Omaha announced its' plans for Midtown Crossing. Amazingly, any and all positive momentum in the area has been overshadowed by the destructive activities of Cheater's and its' patrons. Until our greater community proves that it will protect the neighborhood on this issue attracting quality tenants to my properties and to the immediate area is not feasible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• a I Jerram, Chris D. (CCou) From: Andrew L Sullivan [andrew.l.sullivan@hushmail.com] Sent: Sunday, December 06, 2009 11:04 AM To: Sigerson, Chuck W. (CCou); Festersen, Pete F; Thompson, Franklin T. (CCou); Gernandt, Garry C. (CCou); Gray, Ben G.; Jerram, Chris D. (CCou); Stothert, Jean L. (CCou) Subject: Cheaters Sports Bar liquor license Dear Council members, I do apologize for the mass email but I know several of you are new to the Council and I won't be able to attending the hearing on this liquor license. I think the management of the Cheaters building fail to understand the building now has a bad reputation it cannot change unless it no longer sells alcohol. The Council has in the past heard from people working at the Reading Grounds, an business establishment which was across the street from this bar. The1Reading Grounds closed because people felt intimidated by the patrons of the Shooters bar. The Cheaters management may think they are being treated unfairly but there are numerous bars on Farnam Street for which there are no complaints. Not only should the liquor license be canceled but the Council should refuse to grant a commercial liquor license for anyone operating or owning the building. I have one further concern. While I think establishments should be able to sell alcohol, there is a perception the Council .is often too ready just to approve liquor 'licenses even • when there are objections. Since Councilman Chris Jerram has previous experience with the approval process before becoming a Council member, there are many who think this bias is now more blatant. While Jerram could recuse himself from all the'license approvals, it would leave his district voiceless on the topic. With this in mind, I hope you will establish a standard for your decision process which will prevent- split decisions or inconsistent results. With Jerram on the Council, I suspect.we will see more challenges taken to the Nebraska Liquor Control Commission. Regards, Andrew L. Sullivan Omaha • rtly thereafter Mutual of Omaha announced its' plans for Midtown Crossing. Amazingly, any and all positive momentum in the area has been overshadowed by the destructive activities of Cheater's and its' patrons. Until our greater community proves that it will protect the neighborhood on this issue attracting quality tenants to my properties and to the immediate area is not feasible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• Jerram,Chris D. (CCou) From: rlbode©cox.net Sent: Monday, December 07, 2009 3:51 PM To: Jerram, Chris D. (CCou) Subject: Cheaters Councilman Jerram: I think you and the city council had best consider what that troublespot could do to that neighborhood and to nearby neighbors such as UNMC and the new Midtown Crossing. Thanks. Dick Bode 1 ces, that keep our community from reaching its full potential. I think this area is ripe for a turnaround and it would be unfortunate if businesses like Cheaters kept it from being as vibrant as it could be. I strongly support the revocation of Cheaters' liquor license in order to help this neighborhood build a better future. Sincerely, Benjamin Rouch CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan 1 Jerram, Chris D. (CCou) From: Ryan Miller[ryan.m.miller@lmco.com] Sent: Monday, December 07, 2009 4:40 PM To: Jerram, Chris D. (CCou) Subject: Omaha City Council: Cheaters Bar This is an enquiry e-mail via htt : www.cit ofomaha.or cit council from: Ryan Miller <ryan.m.millera(lmco.com> I'm not sure if anyone is aware of this but the man who was shot, Armando Butler was only 20 years old. Does having a minor in the bar after 9:00 violate the liquor license rules? Also I own a property just east of Cheaters Bar and we plan to invest a substantial amount of money into the building but refuse to invest in the area until Cheaters Bar is gone. People do not want to live or work near this bar. In addition to the property we own we may also open a business in the area between 39th and 40th on Farnam but again we won't even consider this if Cheaters or anything related to Cheaters is still in business. If you have any questions please let me know. Thanks, Ryan • Ryan Miller Lockheed Martin Investment Management Company 6901 Rockledge Drive, 4th Floor Bethesda, MD 20817 (301) 571-7142 ryan.m.mil.lerPlmco.com How Should We Contact You? (email, phone, etc.) : email Your Address: 1717 15th St NW Washington, DC • • 1 ' I often too ready just to approve liquor 'licenses even • when there are objections. Since Councilman Chris Jerram has previous experience with the approval process before becoming a Council member, there are many who think this bias is now more blatant. While Jerram could recuse himself from all the'license approvals, it would leave his district voiceless on the topic. With this in mind, I hope you will establish a standard for your decision process which will prevent- split decisions or inconsistent results. With Jerram on the Council, I suspect.we will see more challenges taken to the Nebraska Liquor Control Commission. Regards, Andrew L. Sullivan Omaha • rtly thereafter Mutual of Omaha announced its' plans for Midtown Crossing. Amazingly, any and all positive momentum in the area has been overshadowed by the destructive activities of Cheater's and its' patrons. Until our greater community proves that it will protect the neighborhood on this issue attracting quality tenants to my properties and to the immediate area is not feasible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• Jerram, Chris D. (CCou) From: Dennis Magnuson [Magnusonl@cox.net] Sent: Tuesday, December 08, 2009 9:04 AM To: Jerram, Chris D. (CCou); Thompson, Franklin T. (CCou); Gernandt, Garry C. (CCou); Stothert, Jean L. (CCou); Festersen, Pete F; Gray, Ben G. Cc: Brown, Buster(CCIk) Subject: Cheaters vote Dear Council members, Due to the weather, I am uncertain if I will be able to attend today's hearing on the Cheaters Bar hearing so I am e-mailing you in case I can not attend. While the AIC is committed to addressing the alcohol outlet density issue we have recently been asked by several neighborhood leaders for help in addressing problem on-sale businesses. We have come to realize that 1 problem business like Cheaters can have just as a negative affect on a neighborhood as an over concentration of off sale businesses. On behalf of the AIC, I ask that you vote to hold a hearing to consider revoking this license. I do not need to list all the problems this business has had over the last 2 years and the surrounding neighborhood and business concerns because I think we are all aware of the problems. Please let us as a community start to stand up and address these alcohol related issues head on. Sincerely, Margie Magnuson Spokesperson for the AIC 1 Your Address: 1717 15th St NW Washington, DC • • 1 ' I often too ready just to approve liquor 'licenses even • when there are objections. Since Councilman Chris Jerram has previous experience with the approval process before becoming a Council member, there are many who think this bias is now more blatant. While Jerram could recuse himself from all the'license approvals, it would leave his district voiceless on the topic. With this in mind, I hope you will establish a standard for your decision process which will prevent- split decisions or inconsistent results. With Jerram on the Council, I suspect.we will see more challenges taken to the Nebraska Liquor Control Commission. Regards, Andrew L. Sullivan Omaha • rtly thereafter Mutual of Omaha announced its' plans for Midtown Crossing. Amazingly, any and all positive momentum in the area has been overshadowed by the destructive activities of Cheater's and its' patrons. Until our greater community proves that it will protect the neighborhood on this issue attracting quality tenants to my properties and to the immediate area is not feasible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• • Jerram, Chris D. (CCou) From: layne gabriel [laynegabriel@yahoo.com] Sent: Monday, December 07, 2009 6:53 PM To: Jerram, Chris D. (CCou) Subject: Cheaters Bar Hello Councilman Jerram, I'm writing to urge your action on getting the liquor license revoked at Cheaters Bar. As a regular patron of Sullivan's, across the street, I have seen (firsthand a lot of the problems at Cheaters. Fortunately, I was not there when the most recent incident happened, however, I have seen many other instances of violence and the discomfort that Cheaters patrons cause for customers at. Sullivan's and people living in the neighborhood4. People are regularly accosted and exposed to violence and escalating situations that spill out onto the street, sometimes 1 as early as 10 p.m., and there have been nights where police ,have had to respond to incidents at or outside the bar more than once in the span of a few hours. . I've been aware of the problems at that location back to when the bar was Straight Shooters II. It was a success to have that license revoked, and I consider it a mistake to grant a license to another similar establishment, especially in light, of recent incidents. I don't believe that Cheaters is being run in accordance to the conditions laid out for the bar to acquire a license. .I- have personally .seen one-flier-advertising a. DJ--or. oth'er. live music, which, to my understanding, is not supposed to be occurring. I have not personally been inside the bar, however I have seen and overheard enough to make me think that there is cause for even more concern, especially with the recent revelation of the owner's criminal record. I'm well aware that you are working toward this goal and I wanted to voice my support and share my experiences. I urge you to also seek out and review police reports and calls to Cheaters to understand even more about the challenges this bar has brought to the community and the true blight that it has become. Neighbors, whether they live in the area or are patronizing other establishments, have the right to feel safe walking to their vehicles or going to and from businesses and homes. I hope that you and the rest of the City Council work to create a strong case for this license to be revoked, ,and I look forward to the final decision with optimism. Thank you for your time, Elaine Gabriel • • sible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• Jerram, Chris D. (CCou) From: Hall, Kathleen (DC Clerk) Sent: Tuesday, December 08, 2009 8:39 AM To: Jerram, Chris D. (CCou) Subject: Cheaters Bar As one of your constituents and a resident in the Gold Coast neighborhood, I'd like to add my voice to that of my neighbors asking the City Council to close down Cheaters Bar. I've told all of my family'and friends not to even drive down Farnam St. towards 401h St. at night, that is how unsafe it has become. From what I've read, the owner has been given plenty of opportunity to clean up that business, but there is no improvement, from this neighbor's perspective. I appreciate your listening to all of us who live in the Midtown neighborhood on this issue;we are all so pleased with the progress being made between the Med Center and the new Midtown Crossing. Cheaters is definitely not in line with the vision for progress that our neighborhood has. Thank you. Kathleen A. Hall Chief Deputy Douglas County Clerk 444-7151 1 the problems at that location back to when the bar was Straight Shooters II. It was a success to have that license revoked, and I consider it a mistake to grant a license to another similar establishment, especially in light, of recent incidents. I don't believe that Cheaters is being run in accordance to the conditions laid out for the bar to acquire a license. .I- have personally .seen one-flier-advertising a. DJ--or. oth'er. live music, which, to my understanding, is not supposed to be occurring. I have not personally been inside the bar, however I have seen and overheard enough to make me think that there is cause for even more concern, especially with the recent revelation of the owner's criminal record. I'm well aware that you are working toward this goal and I wanted to voice my support and share my experiences. I urge you to also seek out and review police reports and calls to Cheaters to understand even more about the challenges this bar has brought to the community and the true blight that it has become. Neighbors, whether they live in the area or are patronizing other establishments, have the right to feel safe walking to their vehicles or going to and from businesses and homes. I hope that you and the rest of the City Council work to create a strong case for this license to be revoked, ,and I look forward to the final decision with optimism. Thank you for your time, Elaine Gabriel • • sible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• Page 1 of 1 Brown, Buster(CCIk) From: Dennis Magnuson [Magnuson1@cox.net] Sent: Tuesday, December 08,2009 9:04 AM To: Jerram, Chris D. (CCou);Thompson, Franklin T. (CCou); Gernandt, Garry C. (CCou); Stothert, Jean L. (CCou);Festersen, Pete F; Gray, Ben G. Cc: Brown, Buster(CCIk) Subject: Cheaters vote Dear Council members, Due to the weather, I am uncertain if I will be able to attend today's hearing on the Cheaters Bar hearing so I am e-mailing you in case I can not attend. While the AIC is committed to addressing the alcohol outlet density issue we have recently been asked by several neighborhood leaders for help in addressing problem on-sale businesses.We have come to realize that 1 problem business like Cheaters can have just as a negative affect on a neighborhood as an over concentration of off sale businesses. On behalf of the AIC, I ask that you vote to hold a hearing to consider revoking this license. I do not need to list all the problems this business has had over the last 2 years and the surrounding neighborhood and business concerns because I think we are all aware of the problems. Please let us as a community start to stand up and address these alcohol related issues head on. Sincerely, Margie Magnuson Spokesperson for the AIC 12/8/2009 e bar to acquire a license. .I- have personally .seen one-flier-advertising a. DJ--or. oth'er. live music, which, to my understanding, is not supposed to be occurring. I have not personally been inside the bar, however I have seen and overheard enough to make me think that there is cause for even more concern, especially with the recent revelation of the owner's criminal record. I'm well aware that you are working toward this goal and I wanted to voice my support and share my experiences. I urge you to also seek out and review police reports and calls to Cheaters to understand even more about the challenges this bar has brought to the community and the true blight that it has become. Neighbors, whether they live in the area or are patronizing other establishments, have the right to feel safe walking to their vehicles or going to and from businesses and homes. I hope that you and the rest of the City Council work to create a strong case for this license to be revoked, ,and I look forward to the final decision with optimism. Thank you for your time, Elaine Gabriel • • sible. It is time for the city and state to take action on this issue. Clearly, the actions of one business are having an incredibly negative impact on the property owners and businesses in the area. Please help us by providing a safe and fair community to do business in by cancelling the liquor license for the aforementioned business. Should you wish to discuss this matter further or would like my help in any way on this matter, please call me at 402- 393-8811. Regards, • Jason Fisher Vice President of Sales and Leasing The Lund Company 120 REcuNcr P.t[uwx • ()Mutt:>_NCBR1:1:.‘68114 = A al l PIIONE 402/393.8811 • I X 402/393.2402 • «w thtndco.com '"�'?ncx��%%• r. ,y d A 0 § 0 7 § 0 = § R U @ . CD b at- pa , n v)cr \. q . 7 ° .. PO < f O •' t-4 \ El'Ci n02 � 7 9 � q � gt \ PO c ¢ *' r5 � \ R / � �y e Z. , § g , " n 1. . � . � heaters' liquor license in order to help this neighborhood build a better future. Sincerely, Benjamin Rouch CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan Page 1of1 4 Brown, Buster(CCIk) From: monica miller[monicamiller1978@yahoo.com] Sent: Friday, December 04,2009 11:30 AM To: Brown, Buster(CCIk) Subject: Cheaters Sports Bar Mr. Brown, I will appear in front of the Liquor Conmmission on 12/15/09. I am requesting that the hearing be post ponned until teh following week. Thank you Monica Miller 612-6962 12/4/2009 � q � gt \ PO c ¢ *' r5 � \ R / � �y e Z. , § g , " n 1. . � . � heaters' liquor license in order to help this neighborhood build a better future. Sincerely, Benjamin Rouch CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan . Q q . d 7 U / n # § c / R § § - . § 7 / 7 01 7 , §` ° m o� 7 Cr � fC n $ g = .& q 0 CD ? / k � q ƒ VD 0 • ' � � � U.) 7 ( �t \ k - ƒ j cr a 0- \. , q / d §`1qJ G n o W' 6 # § . k ] CD P 1. . � . � heaters' liquor license in order to help this neighborhood build a better future. Sincerely, Benjamin Rouch CLU, ChFC Agent t problems associated with Cheaters Bar. Sincerely, Steve Buchanan INTEROFFICE MEMORANDUM ` i I g f Law Department � 'Q 3n p Pi/ DATE: November 30, 2009 ` ' f' ,r4 TO: Buste own erk� FROM: ,07/if 1 Thomas O. Mumgaard, eputy City Attorney SUBJECT: Cheaters LLC, 3929 Farnam Street—Liquor License Cancellation Appearing on the City Council's December 8, 2009, agenda is a resolution scheduling a hearing to determine if the liquor license held by Cheaters LLC should be cancelled. One of the suggested reasons for cancellation is a failure to comply with promises made at the time the license was granted saying that the business would operate as a sports bar catering to sports fans with planned events focused on televised sports. A copy of these written promises and the license conditions that arose from them was provided along with the resolution. Attached is a copy of material referenced in the resolution. Please submit this material to the City Council for its consideration: 1. Omaha Municipal Code section 15-22, which requires license applicants to submit a complete statement of the business activity that will occur on the premises if a license is granted and provides that a failure to list an activity is a representation that the activity will not occur without Council approval. 2. Omaha Municipal Code section 15-42, which directs that a failure to comply with and perform in accordance with statements, representations, and promises made to the City Council in connection with an application for a liquor license can be grounds for canceling the license. 3. Nebraska Liquor Control Commission regulation nos. 020.01 and 020.05, which provide that non-compliance with conditions imposed on a license without good cause is grounds for canceling the license. 4. Nebraska Liquor Control Commission regulation no. 010.01, which provides that providing false or misleading information to the Commission is grounds for canceling a license. 5. A collection of promotional material distributed by Cheaters management or by people using Cheaters to conduct their entertainment business. This material was either found on the interne or provided to the City by area residents and businesses. 6. Letters sent to Cheaters' owner advising that the City considered the promoted activity to be contrary to the promises and representations and not to be in compliance with the conditions imposed on the license (without attachments) Sec. 15-22. Evidence for the city council. All applicants for any license to sell alcoholic liquors (except special designated licenses) or for a removal to a different location from that for which any such license was originally granted shall, prior to the hearing upon the application, submit to the city council: (a) A true copy of the deed, lease or other proper instrument, showing that the applicant is either the owner of the premises for which the license is sought or to which a removal is desired, or is the lessee thereof, in order to enable the council to determine the applicant's ability to secure such license under the requirements of the Nebraska Liquor Control Act. (b) A written statement describing all types of business or activity that will be operated on the premises in conjunction with the proposed license. A failure to list a business or activity will be considered as the applicant's representation that the business or activity will not occur on the licensed premises without City Council approval. (Code 1980, § 15-22; Ord. No. 37046, § 1, 6-21-05) omplete statement of the business activity that will occur on the premises if a license is granted and provides that a failure to list an activity is a representation that the activity will not occur without Council approval. 2. Omaha Municipal Code section 15-42, which directs that a failure to comply with and perform in accordance with statements, representations, and promises made to the City Council in connection with an application for a liquor license can be grounds for canceling the license. 3. Nebraska Liquor Control Commission regulation nos. 020.01 and 020.05, which provide that non-compliance with conditions imposed on a license without good cause is grounds for canceling the license. 4. Nebraska Liquor Control Commission regulation no. 010.01, which provides that providing false or misleading information to the Commission is grounds for canceling a license. 5. A collection of promotional material distributed by Cheaters management or by people using Cheaters to conduct their entertainment business. This material was either found on the interne or provided to the City by area residents and businesses. 6. Letters sent to Cheaters' owner advising that the City considered the promoted activity to be contrary to the promises and representations and not to be in compliance with the conditions imposed on the license (without attachments) • Sec. 15-42. Grounds for cancellation, revocation, suspension, or non-renewal. A retail license to sell alcoholic liquors, which the council is legally empowered to cancel, revoke, suspend, or recommend for non-renewal may be cancelled, revoked, suspended, or recommended for non-renewal by the city council whenever it shall find, after notice and hearing as provided by law, that the holder of any such license has violated any of the provisions of the Nebraska Liquor Control Act, or of this chapter, or rule or regulation of the state liquor control commission, or any statutory provision or ordinance of the city now existing or hereafter passed, enacted in the interest of good morals and decency, or for any one or more of the following causes: (a) The licensee, manager or agent in charge of the premises licensed has been convicted of or has pled guilty to a felony under the laws of the state or of any other state of the United States. (b) The licensee, manager or agent in charge of the premises licensed has been convicted of or has pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of pandering or other crime or misdemeanor opposed to decency and morality. (c) The licensee, manager or agent in charge of the premises licensed has been convicted of or pled guilty to violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquors. (d) The licensee either swore falsely to any question in his application for said license, or has failed to comply with the statements and representations made by the answer to any question or questions in said application or required by this Code; or has failed to perform in accordance with any other statement or representation or keep any promise, oral or written, made to the council, in connection with such licensee's request for said license. (e) The licensee, manager or agent in charge of the premises licensed shall have forfeited bond to appear in court to answer charges for any one of the • violations of law or ordinances referred to in this section. (f) The licensee, manager or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear, in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the nipple or any portion below the nipple with less than a full opaque covering. (Code 1980, § 15-42; Ord. No. 37046, § 2, 6-21-05) • 4111&Official Nebraska Government Website . , ,j, EIBROKA4i1Q U OR ..--':: :'-:ig.Vst- - ' - ' 7-7),:'• , Ctikr iti C4 ,MGMI SlO`N'�' ' Nebraska Liquor Control Commission Rules and Regulations Menu CHAPTER 2 REQUIREMENTS FOR LICENSEES Home Commission Info STATUTORY AUTHORITY Definitions 53-177(012) Enforcement Legal Falsification of Application (010)1.01 Falsification of 53-131.01 Licensing Information (011) Cigar ear General Requirements 53-101.05 (001) Online Services License Application. 53-131.01 Wholesale Info Requirements (005) Manager Application 53 131.01 Beer Reports/Forms (009) Spirit/Wine Reports/ Partnerships 53-1,100 Forms (002) • Revenue/Audit Division Residency Requirements 53-131.01 (006) Search Licensees Special Designated 53-131.01 Licenses (013) Training Temporary Agency 53-117 53- FAQ's Agreements (004); 118 Trade Name 53-117 53- Links (008); 118 Transfer of Stock 53-123.04 53 (003); 175 2-010-FALSIFICATION OF APPLICATION 010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license. tion or keep any promise, oral or written, made to the council, in connection with such licensee's request for said license. (e) The licensee, manager or agent in charge of the premises licensed shall have forfeited bond to appear in court to answer charges for any one of the • violations of law or ordinances referred to in this section. (f) The licensee, manager or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear, in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the nipple or any portion below the nipple with less than a full opaque covering. (Code 1980, § 15-42; Ord. No. 37046, § 2, 6-21-05) EllhOfficial Nebraska Government Website ,BR'AS#K I•��'u Rh �y Coo NTRO SIt�Co� ,M IS .N Nebraska Liquor Control Commission Rules and Regulations Menu CHAPTER 6 LICENSEE OPERATIONS Home Commission Info STATUTORY AUTHORITY Acceptable Forms of 53-117 53- 53-168 Enforcement Payment (15); 118; Legal Alcoholic Beverage 53 117(10) Products/Pass Licensing Through Wholesale Licensed Premis 53 118 Cigar Bar Cancellation/Denial of 53-117(20) Online Services License Wholesale Info Credit/Delinquencies 53-168(18) Beer Reports/Forms Dock Sales (12)17 118; 53-168; 53-169 Spirit/Wine Reports/ Employment of Minors 53-158.06 Forms (017); Revenue/Audit Division Illegal Conduct: All Licensees 53-118(19) Search Licensees Keg Registration 53- 53- Requirements 53 117(3); 118; 167.02 Training FAQ's Samples-Tasting 53-117(2); 118 53-168; 53-169 Links Signs 53-117(1); 53 53-168; 53-169 118; Trade Practice Policies (001)7 118; 53-168; 53-169; 53-123.04 53 (003); 175 2-010-FALSIFICATION OF APPLICATION 010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license. tion or keep any promise, oral or written, made to the council, in connection with such licensee's request for said license. (e) The licensee, manager or agent in charge of the premises licensed shall have forfeited bond to appear in court to answer charges for any one of the • violations of law or ordinances referred to in this section. (f) The licensee, manager or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear, in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the nipple or any portion below the nipple with less than a full opaque covering. (Code 1980, § 15-42; Ord. No. 37046, § 2, 6-21-05) 6-020-CANCELLATION/DENIAL OF LICENSES 020.01 Where approval or authorization for issuance of any liquor license has been made by the Commission subject to any condition and that condition is not met the applicant will be subject at all times during this period of non- issuance to an Order of the Commission to show cause why the approval should not be cancelled and the application denied for failure to meet the conditions for issuance. 020.02 Where a license has been approved by the Commission and forwarded to the city, village or county clerk, as the case may be,for the collection of the appropriate fees and issuance and the applicant does not complete the licensing process by paying such appropriate fees and obtaining such license within twenty-one calendar days from the receipt by the city clerk, village or county clerk, as the case may be,for the license, the clerk shall immediately return the license to the commission and the applicant shall be subject to an Order of the Commission directing the applicant to show cause why the approval of the license should not be cancelled and the application denied. 020.03 Where a license has been issued and the licensee for any reason during the license year fails to operate the license for a total of thirty continuous days or sixty total days the licensee shall be subject to an Order of the Commission directing that the licensee show cause why the license should not be cancelled for non-use. • 020.04 Where a license has been issued and the licensee finds that the licensee will not be able to maintain continuous operation during the license year as a result of fire,tornado, flood, loss of lease or some other reason constituting a hardship the licensee shall apply to the commission within thirty days of the occurence constituting hardship for permission to voluntarily cease operations and maintain the licensee's license for a period of time not to exceed the end of the licensed year for which the license was issued. Any such status afforded shall be reviewable by the commission within sixty days of the end of any license year in which such status has been afforded. Failure to afford such status or the recision of such status shall subject the licensee to an Order of the Commission to show cause why the licensee's license should not be cancelled. 020.05 Failure on the part of the licensee to show good cause for either(A) the licensee's non-compliance with conditions of issuance, (B)the licensee's non- completion of the licensing process by the paying of the appropriate fees and obtaining the license from local officials, (C)the licensee's non-use of(D)the licensee's non-operation due to hardship shall result in the license being cancelled or the previous preliminary approval being rescinded and the application denied. 020.06 Licenses that have been suspended,cancelled or revoked by the Commission, but are operating under a judicial stay may be renewed according to the renewal statutes. However, any license renewed while suspended, cancelled or revoked but operating under judicial stay shall be subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. - BOSS ENTERTAINMENT PRESENTS _ 1 . t' , .. r . k► -- ---- --•-1' -- 1 . . (1., . L.: ' t•Alk tc,N.Nextv-42... tv1/4.. t\i'Vx i‘".. Gcb‘N\i" rAftiPt sATURDAyAmL 1 , TH 9PM T [ L 1AM 1/ $ 5 COVER SPECIAL GUEST HOSTS D.I OF LOTH RECORDS& ILL CHILD OF GO HARD COMMITTEE • • • • • • • ' • • • • • • • • tikkASIC. 61 C) 3G tAtSSISSIP' I S tS 1 WE WILL BE PLAYING OJ DA JUICE MAN TRACKS ALL-NIGHT cLu• • [ UEZfEI � B cHEATERs 3929 FARNAM STREET - OMAHA, NEBRASKA • DESIGN BY: ONTHEGRINDENT@GMAIL.COM i,� ; _. • - -- � .• ..- `` MZ. CREA' 3THA•CC •giri DOD, ` _ '- .RESENTS • . • i'' - c • fe y —i I, - .ram 1/ : - " ' os,.. vRi 1 .•. '..-..•-- ''.•0 r•.•,,--.:j-..--.e-e._..-,..l,. _1--7.:7.-—7..-4..-.' 7.A:V7..•F.m•-.,,.---.-s_.-.I m..:.-. •.,.•.„-•.•,g•_•._-.%..Z...•.•4....'"..t...,..-z, ,4„.'.•..o .... ....':•..','..'-.7 J-_1•4_.•.4._-S.A".r.,.-'7..#J,. S. S 0.:.•.i- .•. .• i•. . ......_4......,...,.•?'. ' _..';,;'..,.....,a-•.'.• .:. ..: ..• .•. • f c - ►-• � , - _ - "ram '�" .. M/ 9 !f L - ... - rl f Ste.' L • ,:„.,:z.. • . , ... •,.... p•'/ l' frV: • E.,p i •„.,„. , ..,..,.. ..... . _ , ..4 •. � fir • jJj fit? r •'A,••L•. . . .. .1 -,:— ? • _.•,- ••• ..... ..„ _._. • . : /11' ' . . . 1,: .,: . i... .. „.....„ .. . . . . . . a _ • 1 toi1 . .1 . 1 /M 1 ►lam ~t. • " i ) / 1 ► r� I' `E f ALE REVIEW ...... rfir4,_.KETS SOLD @ CHEATERS OR CAI L 617-69621 15 00 ADVANCE TICKEY PURCHASE $20.OQ"COVER @. :THE DOOR • WOMEN IN LINGERIE FREE TIL 11PM &A ROMP, PINK PANTY DRINK ...wOMENI AFTER , P 1 10 ALL NIGHT .' ALLPINK at I4EAThR4 • 999 FARNAM STREET — lv A `. f E • t I .a .. . . . - . y days of the end of any license year in which such status has been afforded. Failure to afford such status or the recision of such status shall subject the licensee to an Order of the Commission to show cause why the licensee's license should not be cancelled. 020.05 Failure on the part of the licensee to show good cause for either(A) the licensee's non-compliance with conditions of issuance, (B)the licensee's non- completion of the licensing process by the paying of the appropriate fees and obtaining the license from local officials, (C)the licensee's non-use of(D)the licensee's non-operation due to hardship shall result in the license being cancelled or the previous preliminary approval being rescinded and the application denied. 020.06 Licenses that have been suspended,cancelled or revoked by the Commission, but are operating under a judicial stay may be renewed according to the renewal statutes. However, any license renewed while suspended, cancelled or revoked but operating under judicial stay shall be subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. ' ' CHEATERS SPORTS BAR PR ES EN IS ' ,..c==) 11_, (Thia ' 1 C4: i ___, . 0 Rr L,=, , , , s, _2 . • ,i , oi .0---... i . . , ,, i , ,, .. :,:.,•••7" • '`..,-.)-`' - f• 4fr,. - 1, fr Q_ i. - �-,.,`f c it 1 Y ' . '''' di' I:: ,,% :, i ‘ i \ ,:\. . 8,0/ C 0 : - ,4.. i___, ,?, . ( C. - ‘ 4 " "1 .: fkrir • / ' , t i / - '.'1' I.o { t t til .,.� trTT - .� _ . , . - E. ..1-1-- ....,.. nr. fr-irEr---, . -- _,.. COMPLIMENT _ _ .R - - ;DJ lB ON THE CHEATERS ��' 7S ' S COCKTAILS TO - ..... ,7. # # • • ! • • • • • THE FIRST 20 .; -, . -. PICTURE PERFECT LADIES '' : / A IRE AMUST DRINK SPECIALS -,itiol ALL NIGHT LONG ',. � F . sEpT iniii .. h, ... _ , , c-Lf ,,, 0, tarfa p . r„, _FL -. 1SP 0 Ta ED 0 3929 FoRncrn ST i onia-iq neBRas DARTS - POOL - TEVELVI E r; SPORTING EVENTS DAILY _._. • . : /11' ' . . . 1,: .,: . i... .. „.....„ .. . . . . . . a _ • 1 toi1 . .1 . 1 /M 1 ►lam ~t. • " i ) / 1 ► r� I' `E f ALE REVIEW ...... rfir4,_.KETS SOLD @ CHEATERS OR CAI L 617-69621 15 00 ADVANCE TICKEY PURCHASE $20.OQ"COVER @. :THE DOOR • WOMEN IN LINGERIE FREE TIL 11PM &A ROMP, PINK PANTY DRINK ...wOMENI AFTER , P 1 10 ALL NIGHT .' ALLPINK at I4EAThR4 • 999 FARNAM STREET — lv A `. f E • t I .a .. . . . - . y days of the end of any license year in which such status has been afforded. Failure to afford such status or the recision of such status shall subject the licensee to an Order of the Commission to show cause why the licensee's license should not be cancelled. 020.05 Failure on the part of the licensee to show good cause for either(A) the licensee's non-compliance with conditions of issuance, (B)the licensee's non- completion of the licensing process by the paying of the appropriate fees and obtaining the license from local officials, (C)the licensee's non-use of(D)the licensee's non-operation due to hardship shall result in the license being cancelled or the previous preliminary approval being rescinded and the application denied. 020.06 Licenses that have been suspended,cancelled or revoked by the Commission, but are operating under a judicial stay may be renewed according to the renewal statutes. However, any license renewed while suspended, cancelled or revoked but operating under judicial stay shall be subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. �t"fit/ •.mi j i r., '+.7 *« 't+ - ,�', , _ • _ -�. , Q- '• .-it: •f ,ems , . .: --k, ' ": ..-'.-- ' - ..., , ,- - , , . • ....,..,..,...... . ....,.........„,. ......„. , ... .a.-.,. e - - - •— e ' i' f: .' w: ram; $ .. s a a' �. •,.. ,- 4 i ...,,,..‘" I, i re r. a ; 1 a - ± Fy 1F , ' i Wil . Y s .... „ .. , . . . _.........5_ ._ .. _. ....._ .. DI DQDDD �t� DRESS CODE ENFORCED BLIND DRAW POOL TOURNAMENT AT 9PM SPORTS AAA.:, ',3929 �, R TREET r.;: a, O - ..... ,7. # # • • ! • • • • • THE FIRST 20 .; -, . -. PICTURE PERFECT LADIES '' : / A IRE AMUST DRINK SPECIALS -,itiol ALL NIGHT LONG ',. � F . sEpT iniii .. h, ... _ , , c-Lf ,,, 0, tarfa p . r„, _FL -. 1SP 0 Ta ED 0 3929 FoRncrn ST i onia-iq neBRas DARTS - POOL - TEVELVI E r; SPORTING EVENTS DAILY _._. • . : /11' ' . . . 1,: .,: . i... .. „.....„ .. . . . . . . a _ • 1 toi1 . .1 . 1 /M 1 ►lam ~t. • " i ) / 1 ► r� I' `E f ALE REVIEW ...... rfir4,_.KETS SOLD @ CHEATERS OR CAI L 617-69621 15 00 ADVANCE TICKEY PURCHASE $20.OQ"COVER @. :THE DOOR • WOMEN IN LINGERIE FREE TIL 11PM &A ROMP, PINK PANTY DRINK ...wOMENI AFTER , P 1 10 ALL NIGHT .' ALLPINK at I4EAThR4 • 999 FARNAM STREET — lv A `. f E • t I .a .. . . . - . y days of the end of any license year in which such status has been afforded. Failure to afford such status or the recision of such status shall subject the licensee to an Order of the Commission to show cause why the licensee's license should not be cancelled. 020.05 Failure on the part of the licensee to show good cause for either(A) the licensee's non-compliance with conditions of issuance, (B)the licensee's non- completion of the licensing process by the paying of the appropriate fees and obtaining the license from local officials, (C)the licensee's non-use of(D)the licensee's non-operation due to hardship shall result in the license being cancelled or the previous preliminary approval being rescinded and the application denied. 020.06 Licenses that have been suspended,cancelled or revoked by the Commission, but are operating under a judicial stay may be renewed according to the renewal statutes. However, any license renewed while suspended, cancelled or revoked but operating under judicial stay shall be subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. a - .ti i ' x a - n ffAnowagi D Eigi PREtigkITO a. f '� ' , to + AS 4 I , . . �. ' u � ? . r-^ .,..,. � . ra 0� � � 54 w. �+r�� , �� J 0 .1F iaP pj� zl ' F : a 0 f p oa.v° CO ° ©V r$ = a 8 .i=. . r Qr ;¢ . V y" - .-ArD, Y'�° it 1� am 9 o, a CYO,. V -C cy y L per c .s a p5 1 .4, ter---�- Fp—).7.`_,..'- ---9 - {-. 1 ____/___://Li-3 , - , 1C D /a0EA4 , FTE0r 3a1IJ. ,k ,,i CH ED 6‘ V7°0°0°0 t.'`\''.----_,' ---- --`"' - '- C.) ctIC,43 ?p VriP) , „ . MEN PRE lf O � 1 1 a 0 P M T J J niX0=0 a u L0 0 g B PI S FQ E 1r ON `1130=02 11° S 83 2° , ALL MOWS LONO WiCtME ENJOY PaCIL © DARTS a TELEVISE SPORTING __ } ,, : 4 ;, 1 SP ° !rS B . [3�9� 2 FARNAM W.. 0MAHA.t;MN '_ VELVI E r; SPORTING EVENTS DAILY _._. • . : /11' ' . . . 1,: .,: . i... .. „.....„ .. . . . . . . a _ • 1 toi1 . .1 . 1 /M 1 ►lam ~t. • " i ) / 1 ► r� I' `E f ALE REVIEW ...... rfir4,_.KETS SOLD @ CHEATERS OR CAI L 617-69621 15 00 ADVANCE TICKEY PURCHASE $20.OQ"COVER @. :THE DOOR • WOMEN IN LINGERIE FREE TIL 11PM &A ROMP, PINK PANTY DRINK ...wOMENI AFTER , P 1 10 ALL NIGHT .' ALLPINK at I4EAThR4 • 999 FARNAM STREET — lv A `. f E • t I .a .. . . . - . y days of the end of any license year in which such status has been afforded. Failure to afford such status or the recision of such status shall subject the licensee to an Order of the Commission to show cause why the licensee's license should not be cancelled. 020.05 Failure on the part of the licensee to show good cause for either(A) the licensee's non-compliance with conditions of issuance, (B)the licensee's non- completion of the licensing process by the paying of the appropriate fees and obtaining the license from local officials, (C)the licensee's non-use of(D)the licensee's non-operation due to hardship shall result in the license being cancelled or the previous preliminary approval being rescinded and the application denied. 020.06 Licenses that have been suspended,cancelled or revoked by the Commission, but are operating under a judicial stay may be renewed according to the renewal statutes. However, any license renewed while suspended, cancelled or revoked but operating under judicial stay shall be subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. . • H US -T_LE_-.:&11GiR1 N. -07ENTITIRE-S'E.N T S i imp. 11111 , al. • i . p c .-.• , t • . . . . .. .. II _. ., --, . ...: • . . . --gm 1 II . po, ..., .. - V is ,. __ . .it l_.., - _ _ l 54 14)i .- SAN 0i.DS • , -,.- -, N . ;191a4.-‘ 4 _ 1...:, ,, ._, .gin s' , , , lael . /4:4 i sr ,•::- • '-•"" , ' ,-,04 . - I.: ••• '..11.:- •!'di:-.: °'••• • t:."*.:••e' ‘' "";"...-2.. 1.**. • ' S."...r 4— `...a. .' ,,is ,.., • :1. '------ . . _., ‘‘.., r--, ‘ •:Atu:.,...il -'.. ::- .4 w,v.:0 f• ...• ;th 4t. 1 ,_.....:...— IMV ' '' • i ''' .t;a1?:' Z Mb E.,, 'i- . 'al.-._:-3-- - - - 4.1',:-.•,'. - .. , Os,' i•4 11011°.' 0'''''-,,,:::.. • - ' . z..43 c- Y.:* '•-j; OP-2 ';,, , ' 7 - ....,,:: r '0:: : •' - 7-,i a '-•t.,,, ' • 3: .4," -- s 0 ',4:,,, .7" ., •-.; , i ..:'..*,: ...• .2, -..7,- .;,... „ , i -- .t1 '' III, .. °. _.% .a."•',:.::4• -, . , .. . ' IV: „ - - •.; ...; e. , •2. — r,. , - , .. • -'4 ' ' •••••• -..___:- *-- ..b• • • ,Wil... . 1.4 l• ' ---...- .._.-4-.. .... ...- 4.. . 1 • ' ' 1.- . t• ,..`-, • 4 ' - • .. ' '''• •.., 47.'IP-31,1 ; - .,.. , . . - -............ ,!: • - .,Jo-- 4, ,.:-.:-. isli1V ‘, .„.... .''.:‘i,it..,: t .-;': -.:•:•:: ..., --_ .•-•-•;,.. '•.:,m .' „.4 , . . ... - . _ ... _ - , , ,41 0-Ltk',ItitA • .,. - , %.• ' 4 ' ••.''''' '''''' ". -0 0 fa') . - . . - ...) .•.) .'" 0''111 • . . ' -•••• ,--47-4••• ., . '-,...::.:1,a.." ..0,.. :'7. .""' :::, . . ,-- 7.:.:.: '": -::'L::•;i: :j:-.. C):::'..444 7'441- ,:::7.. 1 : -' ompReao ..,,,,.,_ ..40..... ,_ DAyi s . : . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. Page 1of1 R S ' • y :N., 'f'- .1. _ 1 • 1 . 0 kii,.., I. fly fridays.- ovary friday . a azfreeti11Opm 'IS $5 cover , rim /., ;,,,,,',.1::: ' 7). " CI ,) , . Q i r '• E ,,. - .s:- • .t - .` II wr. . sir y i, 11. J III . •.." . a410A9d 1:;),411 f' -'111PY 41). ' . - -.--- 4* -' 1M ' CHEATiEflS II uis imikimi.tdm `'�3929; 01IAIIIST4402 ' :;: ' i i 1.......//' - en ' --t1_•_-.• _ . I• _ I• n P 1111, r n 1nr • 1 /1 r/n nnn : ONTHEGRINDENT@GMAIL.COM i,� ; _. • E V E R Y F R I D A Y • • -- ... ' w11F rti i ,,,.....___• ...„. 1 ` , -- rr4' 1 a;' O It'4..4 0. 4 .'n-,-''.'../k' N..... 111b6, . 4. t: r L-.MiP- P . N:`.-•;# . 41 .-..A,-.,.. o + ,mot `, �� 1 140 - 4 i` • titgik kr .Ato -I'. : - CC 'ET) 'A+.: r,� -A '� y .Y • 1- - -<<,. Q it s, r,.;.,.` " "'� \, '~- ..- ►tom --- r c ,. • .i, ... \ ."...!"71w9,- .' % '''''- ._ •-.- ,14 ', :.4-4- - - geik s .0 10°,0,CPco .z 0.%.. ..s. 0.0.:.?; ....or), / lit, it 1111A Ci:4 0:F 4 tlo ..0 ,o .,.! ;.* 1 . ; ; A . �. i � . , -r- 0 . ':i. I: • • r „... ,,.. .. ',... 3, CI.' . ,- . . -(1.%. .> _t:o,.. ,. .. -,- _. 0 i o t€ \ ., �, ram- = • - - tom-..• �i_•.1,._. �,_1=a.• - • �` _ �,1tf.. r'' ls... t4 ;r !}ll. iitt ., . • l' - . ....4:).--N-... la' ' c231i c.:3 0 t -- ,. . .._ , ,,, . i ,...„,.. .0, :, .,,,,, a. , , • . , ., ,. . „..its..;\ .1.,, 9,0 ... a . 1 -. . w • � -t r IAA x Cti tr. j -tt.- q „ ,. :- _ cD z i v...--.--,7- . ".,'' r . ....... ell c:a Lt.t , .. ,,,,,,,,, ,„ k , . ... ., , .,..c . . _ ....,„ ... . N%--- • ... .....,,,..:, ,„..,,,,-.. ., ,,,, .. is. c:::, 4 1 . c3ce ',X• • • II''i.' IF ) 7,.. . n li t ',-,4%1Z,%.. t1411..... . : '. % ,..-- 0 c3`i, , % 4. '.' ,,... . •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. A' ' t E9 . a e-DA , 0_ . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. Page 1 of 1 ,ti,i4 1 1 a"f•r J : 1 1 I. ERTERV II MEN . y �� : ! J t lip. :;"( 4 r * ,,,,,, .' • . . • i 1 • ram. ti iiit,, , \\;;:efr • :iN \ , ' • • .,,,,, r 1 I 1 DAYNJ r4 , ILi (....--- •1;• 1,... .:.., ' L1 ' _1 • :,...r___________ r r ...)— UJ liLJ WWU)L � i .LJ L LJV VONO V o CIOQUO))?2 v ii:\ 1 ,, dcj, ` QUOCIOCIOQU ffl[111:110d1 . REYG ®0a -TA 5g3 [3vc-dipi ' U ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ 'J..$)- ill ri riL.ILSLI `,._:i•lir.. ( i..) il t Pi 1 vi 11 t 1 cc 1 N -' 0'.1_,....0._s 3929 FARNAM STREET . OMAHA, NEBRAK'SA FOR :M ,1:1;J GALL [402120 ; 2923 `i-e:' %. .> _t:o,.. ,. .. -,- _. 0 i o t€ \ ., �, ram- = • - - tom-..• �i_•.1,._. �,_1=a.• - • �` _ �,1tf.. r'' ls... t4 ;r !}ll. iitt ., . • l' - . ....4:).--N-... la' ' c231i c.:3 0 t -- ,. . .._ , ,,, . i ,...„,.. .0, :, .,,,,, a. , , • . , ., ,. . „..its..;\ .1.,, 9,0 ... a . 1 -. . w • � -t r IAA x Cti tr. j -tt.- q „ ,. :- _ cD z i v...--.--,7- . ".,'' r . ....... ell c:a Lt.t , .. ,,,,,,,,, ,„ k , . ... ., , .,..c . . _ ....,„ ... . N%--- • ... .....,,,..:, ,„..,,,,-.. ., ,,,, .. is. c:::, 4 1 . c3ce ',X• • • II''i.' IF ) 7,.. . n li t ',-,4%1Z,%.. t1411..... . : '. % ,..-- 0 c3`i, , % 4. '.' ,,... . •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. A' ' t E9 . a e-DA , 0_ . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. I . • -„ __ ,_____ . ,_ . . 6 ......,:_: :,,...i,:....."!„..%,!..._,,______, ,, L..ii.v...:: „.. .:.,.1., _ d a 1::„..,..„....iii.4.., .. . Po ir S I-- 4 , . , .. Etz . ....... . ..„ ___-\ .. . . -- ...,,....._ _ ,- :: yJ jr, , _7`' ..7.---------' ....e nv .: .., z ›- 1 vw, .� z p w (h ' p L aW. c/} 1 Il 11 Z E-,1 F___—_,„ [-----1-7 =2: = i7,j j 'Z -v, n...1 -- n © tom)t'L 9 . 1- - t) �_ cr,:'0 Ca rCi-jen-1 -'ffi <-,'-'<e. ----, L i 0 ri-: -') c-- O Jz Q C I-- 7s Q r 11- L=7, . z Cg.., .iv, w Q rs r 0 -(� Wes, "Jw _ n V) C > (-53 _ C � Ci --.=" 0a). IV000iii4' .'_.-..,..-.:!: 13 1 t— c , —J{) Z N'-]c � — ' fY 2 L1J E= s�n C"- Q _j ni y E-- - i- ---- '--- - CAeN , ''. "" t3C `+ rtQ4 � - p 0r � 1 ‘rit / j c '' .U.) •Q < d© c 0 Z rinfl C_` Q 1 \ , , v::=_ _ �W 1 i tr. j -tt.- q „ ,. :- _ cD z i v...--.--,7- . ".,'' r . ....... ell c:a Lt.t , .. ,,,,,,,,, ,„ k , . ... ., , .,..c . . _ ....,„ ... . N%--- • ... .....,,,..:, ,„..,,,,-.. ., ,,,, .. is. c:::, 4 1 . c3ce ',X• • • II''i.' IF ) 7,.. . n li t ',-,4%1Z,%.. t1411..... . : '. % ,..-- 0 c3`i, , % 4. '.' ,,... . •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. A' ' t E9 . a e-DA , 0_ . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. .• . • Page 1 of 1 . _.. .,.. 1 1 ,(4.- 7 cok:,7:3111-F „1 . , y . 1.„ 1 . , . . . . ... . . .. .., .1,„..4,... ..._•!..,.., _,_, . , •• . . ....wimosr.„:„ .k. , _ .. . . . till • . .....ip . ..,0, -(5... .f._. .• ... .., . , / i. I7 ..- . i.. ,... . 41/ .../.. .6" . . ' 1 '1 --, if , Or. -- it ,/::/ 7....1 .7,._ , Jr/ ft i /: It .... :"........._ _ „, __. „ . ... ./ __ . , .: .. ), . L,...0.- .. n•' '..11-,0 7 7, ' 2 . - .;/, •'' '''' f -" - . '44? 1 -''• - . , .i r _, . • • _, .... , ,,, . ... .1 , „/ „. , f r i i , i 1 i , . ,. . . i ,i'..._.,-1 4 i i 41 ' i' -IA k' ' i '. ' ' .; . 1 , •-, -,1 • ----;--- -77- 1 ,,.:... ... . .. . „ ; A ','.i,-,3,: •-• .., -,,,•••-•-r, ' .., . ..- ., . .. .• - - .. . . http://images93.imiktrm..com/mage/images full/1340... 11/17/2008 . . ... ., , .,..c . . _ ....,„ ... . 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I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. • QtAAHA,,VF ;��eR's, Law Department cv'� r� "� Omaha/Douglas Civic Center f' ir!o 1819 Farnam Street,Suite 804 y '-` Omaha,Nebraska 68183-0804 AoR +� (402)1'11-5115 42' D FE131° Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney December 19, 2008 Ms. Monica Miller c/o Cheaters • 3929 Farnam Street Omaha,Nebraska 68131 Re: Cheaters Liquor License Conditions • Dear Ms. Miller: , Although yesterday the Nebraska Liquor Control Commission reversed the City of Omaha's cancellation of the liquor license for Cheaters, that action did not.remove the conditions from your license and did not change the representations and agreements made with the Omaha City Council. The City Council believes you are still subject to those conditions. As was noted during the Commission hearing last month, the conditions and promises include the assurance that "Parties and events will be based around televised sports." During the hearing several events were mentioned that you conceded were not related to televised sports and your marquee currently advertises a "Xmas Party" this weekend. These events may violate the condition on your license. Please see that you comply with this condition. Thank you for your cooperation. Sincer: y yo , • -r Gt homas O. M ,_.. Deputy City Atto ey c: Mike Kelley •-r, ' .., . ..- ., . .. .• - - .. . . http://images93.imiktrm..com/mage/images full/1340... 11/17/2008 . . ... ., , .,..c . . _ ....,„ ... . N%--- • ... .....,,,..:, ,„..,,,,-.. ., ,,,, .. is. c:::, 4 1 . c3ce ',X• • • II''i.' IF ) 7,.. . n li t ',-,4%1Z,%.. t1411..... . : '. % ,..-- 0 c3`i, , % 4. '.' ,,... . •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. 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I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. • FM�oHn.NF6 ��° `, � Law Department . � Omaha/Douglas Civic Center ILAI z �,i�rc '� 1819 Farnam Street,Suite 804 o' a�: `� Omaha,Nebraska 68183-0804 AOA gyro (402)444-5115 'TEo FEDO Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney January 14, 2009 Ms. Monica Miller c/o Cheaters 3929 Farnam Street Omaha,Nebraska 68131 Re: Cheaters Liquor License Conditions License I-79587 • Dear Ms. Miller: I write once again about your apparent failure to comply with conditions the Nebraska Liquor Control Commission imposed on your business's liquor license and promises and agreements you made to and with the Omaha City Council. Monday's Omaha World Herald listed Cheaters as planning a "Martin Luther King Birthday/Pre-Inauguration Party" on January 19, 2009. I trust that listing is accurate. Please let me know if it is not. The conditions and promises include the assurance that "Parties and events will be based around televised sports." This event appears to violate the license conditions and the agreement made with the City Council. Repeated violation of the conditions and the agreement may be evidence that you do not have an honesty of purpose and a willingness to abide by laws and regulations governing the sale of alcohol. Please see that you comply with this license condition and the promise made to the City. Thank you for your cooperation. Sincer- yo.r homas O. Mumga. •d eputy City Attorne c: Mike Kelley; Buster Brown; Hobert Rupe .. . . http://images93.imiktrm..com/mage/images full/1340... 11/17/2008 . . ... ., , .,..c . . _ ....,„ ... . N%--- • ... .....,,,..:, ,„..,,,,-.. ., ,,,, .. is. c:::, 4 1 . c3ce ',X• • • II''i.' IF ) 7,.. . n li t ',-,4%1Z,%.. t1411..... . : '. % ,..-- 0 c3`i, , % 4. '.' ,,... . •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. 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OtAb HA,NF9 �� 7 s� Law Department �ryvi.w a Omaha/Douglas Civic Center ��^ ��,�`�� h 1819 Farnam Street,Suite 804 o"• Omaha,Nebraska 68183-0804 °off �-i� (402)444-5115 ?TEo FEBR°r Telefax(402)444-5125 City of Omaha Paul D.Kratz Jim Suttle,Mayor City Attorney June 22, 2009 Ms. Monica Miller c/o Cheaters 3929 Farnam Street Omaha,Nebraska 68131 Re: Cheaters Liquor License Conditions License I-79587 Dear Ms. Miller: I write once again about your continuing failure to comply with conditions the Nebraska Liquor Control Commission imposed on your business's liquor license and promises and agreements you made to and with the Omaha City Council. Enclosed are two advertisements that are being distributed at Club Cheaters. One lists events and promotion specials throughout the week and the other promotes a "Pink Panty" party and "Female Review" on July 5. The advertisement doesn't explain the event but we understand the "Review" will include lingerie modeling. When you applied for a retail liquor license in January, 2008, the statement of business activity you submitted described your business as "Sports bar: Activities will include the playing of darts, pool and viewing sports events." That statement expressly said omitting an activity from the statement would be considered as a representation that the activity will not occur on the licensed premises. There is no reference to the type of events you're holding. In addition, the license conditions and promises include the following: "Entertainment by licensee will provide more structure and control of the patrons. Licensee will emphasize the pool and dart leagues, which have both proven to be successful in the past. Events planned will encourage a serene crowd." "Parties and events will be based around televised sports." These promoted activities appear to violate the license conditions and the agreement made with the City and appear to. be inconsistent with your statement of business activity. •- 05 ' f ::) CC V. "Pill ` • .,r.'," .dir--..----,7741. •. .: , :e-:•I 4 !. A' ' t E9 . a e-DA , 0_ . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. f r 7� Ms. Monica Miller June 22, 2009 Page 2 Re:- Cheaters Liquor License Conditions; License I-79587 Repeated violations may be evidence that you do not have an honesty of purpose and a willingness to abide by laws and regulations governing the sale of alcohol. Please see that you comply with the license conditions and promises and that you do not conduct activities other than what were described at the time of your application. Thank you for your cooperation. Sincerel yo• s, T. omas O. Mumgaard Deputy City Attorney c: Buster Brown; Hobert Rupe 1M ' CHEATiEflS II uis imikimi.tdm `'�3929; 01IAIIIST4402 ' :;: ' i i 1.......//' - en ' --t1_•_-.• _ . I• _ I• n P 1111, r n 1nr • 1 /1 r/n nnn : ONTHEGRINDENT@GMAIL.COM i,� ; _. • • / Er] K 7 CD e § 4 § n § @ .2 ° \ q § U A 7 CD a, 4 k '5 L ƒ CCU § f ° � k ° ~ i C 0 7 / n \ 1 � � r ,[2 ® cr n to Pr . . is_ CD ,i \C) AR � . � . � T. omas O. Mumgaard Deputy City Attorney c: Buster Brown; Hobert Rupe 1M ' CHEATiEflS II uis imikimi.tdm `'�3929; 01IAIIIST4402 ' :;: ' i i 1.......//' - en ' --t1_•_-.• _ . I• _ I• n P 1111, r n 1nr • 1 /1 r/n nnn : ONTHEGRINDENT@GMAIL.COM i,� ; _. INTEROFFICE MEMORANDUM Law Department DATE: December 7, 2009 TO: Buster Br City Clerk FROM: CX Tiomas O. Mumgaard, uty Gity Attorney SUBJECT: Cheaters LLC, 3929 Farnq et—Liquor License Cancellation Li Appearing on the City Council's December 8, 2009, agenda is a resolution scheduling a hearing to determine if the liquor license held by Cheaters, LLC, should be cancelled. Attached is material for the City Council's consideration: 1. Memorandum from Sgt. Ken Kanger, Omaha Police Department, outlining two recent incidents in which customers of Cheaters were involved in disturbances that ended in gunfire that injured people and damaged property. 2. Photograph showing the location of an apartment building struck by a gunshot fired during the November 21-22, incident. , `� �dpp.. � �p,A•YO i INTER-OFFICE COMMUNICATION POLICE DEPARTMENT "To Serve and Protect" December 7, 2009 TO: Deputy City Attorney Tom Mumgaard FROM: Sgt. Ken Kanger#1480 SUBJECT: Cheater's Investigations At your request, I'm providing a summary of events on July 29, 2009, and November 21, 2009, at Cheaters, a bar at 3929 Farnam Street, investigated by Omaha police. I am a Sergeant in the Omaha Police Department Homicide Unit and have been involved in the investigation of these incidents. July 29, 2009 At approximately 1:22 a.m. on July 29, 2009, Omaha police were dispatched to King Kong's restaurant at 4409 Dodge Street in response to a call of shots fired. Police investigation showed that shots were fired at people in that business's parking lot by a person in a car driving through the lot. One person, Mr. Anthony Bowen,had been shot and transported to the University of Nebraska Medical Center. Witnesses stated that Mr. Bowen and four friends had been at Cheaters when another customer began to argue with one of Mr. Bowen's friends and call that man names. After the bar closed, the customer followed the men and continued to taunt them as they walked to their cars. Bar security staff intervened and told Bowen and his friends to leave. They left the bar and went approximately 5 blocks away to King Kongs'. As they got out of their car,the customer who had argued with them at Cheaters drove into the lot and began again to taunt them. The customer then fired up to 10 shots from a handgun as the car drove around the parking lot. Mr. Bowen was hit in the leg by one of the gunshots and at least one car was damaged by the shots. November 21-22, 2009 At approximately 12:16 a.m. on November 22, 2009, Omaha police responded to a call that shots were fired at Cheaters. Police investigation revealed that when a fight among customers began inside the bar employees made one or more customers leave the bar. After the customers exited the bar, one of them broke a window of the bar using a crowbar or some other object. The customer and others were outside a car at the time the window was broken and then entered the car and began to drive southbound on 40th Street. A security guard . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. employed by the bar fired several shots at the car and its occupants but the car was able to leave the area. It was later determined that a 20-year old occupant of the car, Mr. Armondo Butler, had been struck in the knee by one of the shots. Mr. Butler was uncooperative initially about the circumstances surrounding his injury but apparently had been in the bar with his brother, Adrian Butler, who is accused of breaking the window. Armondo Butler later told the Omaha Police that his brother, Adrian, did throw a crow bar. At least one of the shots fired by the security guard went through a window of an apartment across the street from the bar. ed in disturbances that ended in gunfire that injured people and damaged property. 2. Photograph showing the location of an apartment building struck by a gunshot fired during the November 21-22, incident. -- f 1 c 1 •.C' 1 O P`' L iy a)W ,'x' q 177 ''''4a.2. � , - I I \ :., X ' Il j L% , 11:1 ivi LV P n i 1 c� ; r �L �L . r ,so • Q YE k (" r ' ,' L k Q as ' u • + _ .} `Y _cI` f u i. . . \ , ' \ . CO-' ' ' 1 . 4-.0 r ; 1 Ail �!'lIV, , ,', c j • �C� � in Z0.0 atzr-.,1 a` Ct p . 1 : \ ? '( c .-ir "ts5 , I ti a) cri _c 4_, ___r , ..r . __—___L__. ►. 1 O `li h N a t Q } • N O o � „ N 4-0aj. •r ! E c �� t�� y I., �'�{t. O "O 7 01,1 locks away to King Kongs'. As they got out of their car,the customer who had argued with them at Cheaters drove into the lot and began again to taunt them. The customer then fired up to 10 shots from a handgun as the car drove around the parking lot. Mr. Bowen was hit in the leg by one of the gunshots and at least one car was damaged by the shots. November 21-22, 2009 At approximately 12:16 a.m. on November 22, 2009, Omaha police responded to a call that shots were fired at Cheaters. Police investigation revealed that when a fight among customers began inside the bar employees made one or more customers leave the bar. After the customers exited the bar, one of them broke a window of the bar using a crowbar or some other object. The customer and others were outside a car at the time the window was broken and then entered the car and began to drive southbound on 40th Street. A security guard . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. D Crg Prr, ' L � 0" CD CAn -, CD a, tri oo 5 l7 co 0 CD rI L) E r 0 N C r En 0 o O :11 ,... • O w c cD 0 N CDCD b ice that his brother, Adrian, did throw a crow bar. At least one of the shots fired by the security guard went through a window of an apartment across the street from the bar. ed in disturbances that ended in gunfire that injured people and damaged property. 2. Photograph showing the location of an apartment building struck by a gunshot fired during the November 21-22, incident. 3 l Z (e `' " A rat J 2 q�7 I(�_ r IJ��I G,� C IVl 50 VutaJta _ _ . _ _ _ Summary Report for CALLS FOR SERVICE Crime Types Total Chart ASSAULT:IN 3 - PROGRESS CHECK WELL BEING 11 CROWD DISPERSAL 5 DESTRUCT OF 3 - PROPERTY DESTRUCTION 1 I PROP:VEH DISTURBANCE 63 DOMESTIC VIOLENCE 26 CA FIGHT 6 GENERAL 3 BROADCAST HELP 1 , OFCR/FIREFIGHTR INJURED PERSON 1 LIQUOR VIO:COLD 1 I LOUD NOISE 8 — COMPLAINT LOUD PARTY 2 ■ COM PLAINT NARCOTICS CRIMES 7 NATURE UNKNOWN 2 E OFFICER INITIATED 1 CA PERSON DOWN 4 PERSONAL INJURY 1 , ACCI SHOOTING:HOT 1 SHOTS FIRED:HOT 6 SPECIAL 46 ASSIGN:LAW SUSP 21 ACT/PERSON/VEH THREATS 3 1111 THREATS:REPORT 2 TRAFFIC STOP OR 20 WARR VEHICLE BLOCKING 5 Grand Total 253 4_, ___r , ..r . __—___L__. ►. 1 O `li h N a t Q } • N O o � „ N 4-0aj. •r ! E c �� t�� y I., �'�{t. O "O 7 01,1 locks away to King Kongs'. As they got out of their car,the customer who had argued with them at Cheaters drove into the lot and began again to taunt them. The customer then fired up to 10 shots from a handgun as the car drove around the parking lot. Mr. Bowen was hit in the leg by one of the gunshots and at least one car was damaged by the shots. November 21-22, 2009 At approximately 12:16 a.m. on November 22, 2009, Omaha police responded to a call that shots were fired at Cheaters. Police investigation revealed that when a fight among customers began inside the bar employees made one or more customers leave the bar. After the customers exited the bar, one of them broke a window of the bar using a crowbar or some other object. The customer and others were outside a car at the time the window was broken and then entered the car and began to drive southbound on 40th Street. A security guard . . . . . : . ., . • _ :4, in r u.,...,4,,174:07,' *.1 4A . - _ _. g us a at-3, •4 0 A V C S ?I n .H .l A. el 3 A 3 ii . ' •-• 1 . . .... . r . . .__... ....... $8 aPpLe maRTinrs SPECIAL I N V I - T E D GUESTS FOXILY ENT,0-BASH 'PROD.,BEST YETT ENT.BEST YETT HONEYS. °NUE GRIND ENT. FLY BOW..DEM PRETTY BOIL BANE OH ENT DOEZBA GIRLS,BNB ENT GET DOWN MIT ET DO,MZ.0 HEATER;DIVAS-B-US.FINEST INC,FAMILY LOC,ANGELL°,St ENT, HARD KNOCKS DA SHOP,MAIN EVENTS,HOME TEAM ENT.K-WRL,BIDDY DO-BITE DIAMOND ENT ilium ENT u RBAN NIGHTLIFE ENT AND MANY MORE.—..— c -Hea -re R 3 SPORTS BAR113929 FARNAM STREET DESIGN BY BISHOPie/ 402 - 917 - 4884 : . I ,.i.,t,,s subject to the same suspension, cancellation,or revocation that was attached to the original license once the judicial stay is dissolved. r Detail Report for CALLS FOR SERVICE. (Sorted Ascending By Date.) # Case# Address Date Time Incident Type Incident Description 1 LOP090101001004 124 S 39TH ST 20090101 2341 CHKWB CHECK WELL BEING 2 LOP090102001303 124 S 39TH ST 20090102 1143 CHKWB CHECK WELL BEING 3 LOP090104002791 124 S 39TH ST 20090104 0221 DOMES DOMESTIC VIOLENCE CA 4 LOP090108005899. 5 39TH ST&FARNAM ST 20090108 0120 STOP TRAFFIC STOP OR WARR 1 5 LOP090108005949 131 S 39TH ST 20090108 0327 SUSP SUSP ACT/PERSON/VEH 6 LOP090108005941 131 S 39TH ST 20090108 0300 DIST DISTURBANCE 7 LOP090111008285 131 S 39TH ST 20090111 0140 SUSP SUSP ACT/PERSON/VEH 8 LOP090115011288 124 S 39TH ST 20090115 0029 SUSP SUSP ACT/PERSON/VEH 9 LOP090115011916 124 5 39TH ST 20090115 1938 DOMES DOMESTIC VIOLENCE CA LOP090117013504 124 S 39TH ST 20090117 1801 DIST DISTURBANCE 11 OP090118014265 3926 FARNAM ST 20090118 1703 CHKWB CHECK WELL BEING 12 LOP090121016422 117 S 39TH ST 20090121 0950 CHKWB CHECK WELL BEING 13 LOP090128022122 3913 FARNAM ST 20090128 0129 DRUGS NARCOTICS CRIMES 14 LOP090128022835 124 S 39TH ST 20090128 2208 DRUGS NARCOTICS CRIMES 15 LOP090129023678 124 S 39TH ST 20090129 2335 DOMES DOMESTIC VIOLENCE CA 16 LOP090201025728 124 S 39TH ST 20090201 0105 DOMES DOMESTIC VIOLENCE CA 17 LOP090201026224 5 39TH ST&FARNAM ST 20090201 1708 VBLOCK VEHICLE BLOCKING ' 18 LOP090202026845 124 S 39TH ST 20090202 1221 DOWN PERSON DOWN 19 LOP090203028106 117 S 39TH ST 20090203 2119 ASSIGN SPECIAL ASSIGN:LAW 20 LOP090206030058 124 5 39TH ST 20090206 0341 DIST DISTURBANCE 21 LOP090207031060 117 S 39TH ST 20090207 0225 DIST DISTURBANCE 22 LOP090210033806 S 40TH ST&FARNAM ST 20090210 0550 STOP TRAFFIC STOP OR WARR 23 LOP090211034681 124 5 39TH ST 20090211 0304 SUSP SUSP ACT/PERSON/VEH I 24 LOP090216039013 3870 HARNEY ST 20090216 0807 VBLOCK VEHICLE BLOCKING 25 LOP090218040586 5 40TH ST&FARNAM ST 20090218 0143 STOP TRAFFIC STOP OR WARR 26 LOP090220042329 5 39TH ST&FARNAM ST 20090220 0230 STOP TRAFFIC STOP OR WARR 27 LOP090221043717 5 40TH ST&FARNAM ST 20090221 1819_ STOP TRAFFIC STOP OR WARR j 28 OP090225046528 3926 FARNAM ST 20090225 0039 DIST DISTURBANCE 29 LOP090226047391 S 40TH ST&FARNAM ST 20090226 0023 STOP TRAFFIC STOP OR WARR 30 LOP090226047685 117 S 39TH ST 20090226 1154 CHKWB CHECK WELL BEING 31 LOP090227048955 124 5 39TH ST 20090227 2352 DIST DISTURBANCE 32 LOP090228049000 3870 HARNEY ST 20090228 0027 SHOTS SHOTS FIRED:HOT 33 LOP090302051340 124 S 39TH ST 20090302 2341 DOMES DOMESTIC VIOLENCE CA 34 LOP090304052953 124 S 39TH ST 20090304 2147 DOMES DOMESTIC VIOLENCE CA 35 LOP090304052841 124 5 39TH ST 20090304 1907 DIST DISTURBANCE 36 LOP090309056593 124 5 39TH ST 20090309 0022 DIST DISTURBANCE 37 LOP090314061704 124 S 39TH ST 20090314 2227 DOMES DOMESTIC VIOLENCE CA 38 LOP090316063653 124 S 39TH ST 20090316 2013 DOMES DOMESTIC VIOLENCE CA 39 LOP090319066738 124 S 39TH ST 20090319 2351 DIST DISTURBANCE 40 LOP090319066089 144 S 39TH ST 20090319 1043 DIST DISTURBANCE • Dammam PD #f Case# Address / Date Time Incident Type Incident Description 41 LOP090320067725 3929 FARNAM ST , ,,,/// 20090320 2343 ASSIGN t SPECIAL ASSIGN:LAW 'LG' S j 42 LOP090320066784 S 40TH ST&FARNAM ST 20090320 0057 CROWD CROWD DISPERSAL 43 LOP090322069003 124 S 39TH ST 20090322 0446 SUSP SUSP ACT/PERSON/VEH 44 LOP090324071622 S 39TH ST&FARNAM ST 20090324 2305 SUSP SUSP ACT/PERSON/VEH 45 LOP090324070740 124 S 39TH ST 20090324 0001 SUSP SUSP ACT/PERSON/VEH 46 LOP090325072654 124 S 39TH ST / 20090325 2314 SUSP SUSP ACT/PERSON/VEH �J 47 LOP090325071692 3929 FARNAM ST 20090325 0035 ASSIGN SPECIAL ASSIGN:LAW 1 ri 48 LOP090327073704 3900 FARNAM ST 20090327 0051 STOP TRAFFIC STOP OR WARR 49 LOP090327073707 S 40TH ST&FARNAM ST 20090327 0057 DIST DISTURBANCE. 50 LOP090402079377 S 40TH ST&FARNAM ST 20090402 0119 STOP TRAFFIC STOP OR WARR 51 LOP090403080329 5 40TH ST&FARNAM ST 20090403 0100 CROWD CROWD DISPERSAL 52 LOP090404082085 401 S 39TH ST 20090404 2049 DOWN PERSON DOWN 53 LOP090404081426 131 S 39TH ST 20090404 0245 PARTY LOUD PARTY COMPLAINT 54 LOP090405082329 124 S 39TH ST 20090405 0123 SHOTS SHOTS FIRED:HOT 55 LOP090408085137 124 S 39TH ST 20090408 0027 SUSP SUSP ACT/PERSON/VEH 56 LOP090409086498 124 S 39TH ST _ _ 20090409 1324 � DOMES___ DOMESTIC VIOLENCE CA c5:2LOP090411088073 3926 FARNAM ST 20090411 0118 NOISE LOUD NOISE COMPLAINT_.) 8 LOP090411088106 124 S 39TH ST 20090411 0055__ DOMES, DOMESTIC VIOLENCE CA 59 LOP090412089130 S 39TH ST&FARNAM ST 20090412 0032 _ .. _ SUSP SUSP ACT/PERSON/VEH 60 LOP090412089635 124 S 39TH ST 20090412 1713 DOMES DOMESTIC VIOLENCE CA 61 LOP090415091887 3929 FARNAM ST ✓ 20090415 0008 ASSIGN SPECIAL ASSIGN:LAW 7 a I 62 LOP090416092815 5 40TH ST&FARNAM ST 20090416 0006 STOP TRAFFIC STOP OR WARR 63 LOP090419095966 S 40TH ST&FARNAM ST 20090419 0032 DIST DISTURBANCE 64 LOP090419096128 131 S 39TH ST 20090419 0415 NOISE LOUD NOISE COMPLAINT 65 LOP090420097686 117 S 39TH ST 20090420 2039 THREAT THREATS 66 LOP090423100688 117 5 39TH ST 20090423 2011 DOMES DOMESTIC VIOLENCE CA 67 LOP090423100033 124 S 39TH ST 20090423 0641 DOMES DOMESTIC VIOLENCE CA 68 LOP090426103079 131 S 39TH ST 20090426 0204 DIST DISTURBANCE 69 LOP090426103011 S 40TH ST&FARNAM ST 20090426 0044 HELP HELP OFCR/FIREFIGHTR 70 LOP090428105534 S 40TH ST&FARNAM ST _ 20090428. 2329 FIGHT FIGHT 71 LOP090501107539 S 39TH ST&FARNAM ST , - — 20090501 - 0107 DRUGS NARCOTICS CRIMES 72 LOP090501108481 117 S 39TH ST 20090501 2342 DIST DISTURBANCE 73 LOP090504111339 3920 FARNAM ST• 20090504 2048 CHKWB CHECK WELL BEING 74 LOP090505111621 124 S 39TH ST 20090505 0604 DIST DISTURBANCE 75 LOP090506112950 124 5 39TH ST 20090506 1601 DIST DISTURBANCE 76 LOP090506113346 S 40TH ST&HARNEY ST / 20090506 2212 SHOTS SHOTS FIRED:HOT 77 LOP090506112422 3929 FARNAM ST �/ 20090506 0007 ASSIGN SPECIAL ASSIGN:LAW , 78 LOP090507113463 S 40TH ST&FARNAM ST • 20090507 0100 STOP TRAFFIC STOP OR WARR 79 LOP090507113691 124 S 39TH ST 20090507 1048 DIST DISTURBANCE 80 LOP090508114430 124 S 39TH ST 20090508 0115 CHKWB CHECK WELL BEING • 1 # Case# Address Date Time Incident Type Incident Description 81 LOP090508115399 S 40TH ST&HARNEY ST 20090509 0003 DIST DISTURBANCE 82 LOP090510116599 320 S 40TH ST 20090510 0138 SUSP SUSP ACT/PERSON/VEH 83 LOP090510116703 218 S 38TH AVE 20090510 0347 DIST DISTURBANCE 84 LOP090511118108 124 S 39TH ST 20090511 1829 DOMES DOMESTIC VIOLENCE CA 85 LOP090512118501 3871 FARNAM ST 20090512 0217 SUSP SUSP ACT/PERSON/VEH 1 86 LOP090515121282 S 40TH ST&FARNAM ST 20090515 0103 DIST DISTURBANCE 87 LOP090516123132 S 40TH ST&HARNEY ST 20090516 2218 DIST DISTURBANCE 88 LOP090516123160 3866 HARNEY ST 20090516 2305 DIST DISTURBANCE 89 LOP090517123296 S 40TH ST&FARNAM ST 20090517 0100 DIST DISTURBANCE 90 LOP090519125296 3901 FARNAM ST 20090519 0046 PARTY LOUD PARTY COMPLAINT 91 LOP090520126356 3929 FARNAM ST -- /— 20090520 0057 ASSIGN^ SPECIAL-ASSIGN:LAW y, 92 LOP090520127406 3871 FARNAM ST / 20090521 0048 — VBLOCK`-- -- VEHICLE BLOCKING- 93 LOP090522128420 3929 FARNAM ST_ __ 20090522 0049-- -- ASSIGN. SPECIAL ASSIGN:LAW' 94 LOP090525132078 3873 FARNAM ST 20090525 1944 DOMES DOMESTIC VIOLENCE CA 95 LOP090524131758 S 40TH ST&FARNAM ST 20090525 2338 DIST DISTURBANCE 96 LOP090525131837 3870 HARNEY ST 20090525 0223 DIST DISTURBANCE 97 LOP090525131814 3870 HARNEY ST _ 20090525 0109 _ DIST -. _ DISTURBANCE _ 98 LOP090525131813 S 39TH ST&FARNAM ST 20090525 0105 SUSP SUSP ACT/PERSON/VEH 99 LOP090526132890 S 40TH ST&FARNAM ST 20090526 0241 STOP TRAFFIC STOP OR WARR 1 100 LOP090526133238 3866 HARNEY ST / 20090527 0331 DIST DISTURBANCE 101 LOP090527133814 3929 FARNAM ST ✓ 20090527 0200 STOP TRAFFIC STOP OR WARR 102 LOP090527133825 131 S 39TH ST 20090527 0235 DIST DISTURBANCE 103 LOP090528135561 3866 HARNEY ST 20090529 1908 DIST DISTURBANCE 104 LOP090531137891 S 40TH ST&FARNAM ST 20090531 0129 STOP TRAFFIC STOP OR WARR 105 LOP090530137823 117 S 39TH ST 20090531 0004 SUSP SUSP ACT/PERSON/VEH 106 LOP090602140130 218 S 38TH AVE 20090602 1751 DIST DISTURBANCE 107 LOP090603140925 3929 FARNAM ST V 20090603 0013 ASSIGN SPECIAL ASSIGN:LAW i 108 LOP090603141591 3900 HARNEY ST 20090604 1226 DIST DISTURBANCE 109 LOP090604142839 320 S 40TH ST / 20090605 2115 DIST DISTURBANCE 110 LOP090605142911 3929 FARNAM ST v/ 20090605 0003 ASSIGN SPECIAL ASSIGN:LAW • 111 LOP090607145108 320 S 40TH ST / 20090607 0120 DIST DISTURBANCE 112 LOP090610148010 3929 FARNAM ST ✓ 20090610 0012 ASSIGN SPECIAL ASSIGN:LAW 113 LOP090611149108 124 S 39TH ST 20090611 0540 NOISE LOUD NOISE COMPLAINT 114 LOP090612150017 117 S 39TH ST 20090612 0021 SUSP SUSP ACT/PERSON/VEH 115 LOP090614152300 3871 FARNAM ST 20090614 0305 DIST DISTURBANCE 116 LOP090614152234 320 S 40TH ST 20090614 0037 SUSP SUSP ACT/PERSON/VEH 117 LOP090614153064 3871 FARNAM ST 20090615 1613 CHKWB CHECK WELL BEING 118 LOP090615153348 124 S 39TH ST 20090615 0217 CHKWB CHECK WELL BEING 119 LOP090615154092 S 40TH ST&FARNAM ST 20090616 1543 DOWN PERSON DOWN 120 LOP090618156355 3904 HARNEY ST 20090618 0149 DOMES DOMESTIC VIOLENCE CA 1 IST DISTURBANCE 80 LOP090508114430 124 S 39TH ST 20090508 0115 CHKWB CHECK WELL BEING • 1 • • triim,LA,.. pp ............. , F# Case# Address Date Time Incident Type Incident Description 121 LOP090618157377 S 40TH ST&FARNAM ST 20090619 0007 ASSALT ASSAULT:IN PROGRESS 122 LOP090620158462 117 S 39TH ST / 20090620 0114 DIST DISTURBANCE LOP090620158434 3929 FARNAM ST 20090620 0018 ASSIGN SPECIAL ASSIGN:LAW 124 P090619158334 3926 FARNAM ST / 20090620 2050 THREAT THREATS 125 LOP090621159520 3929 FARNAM ST 20090621 0034 ASSIGN SPECIAL ASSIGWLAW 126 LOP090620159489 124 S 39TH ST 20090621 2339 DIST DISTURBANCE 127 LOP090621160335 124 5 39TH ST 20090622 1743 DIST DISTURBANCE 128 LOP090622161508 124 S 39TH ST 20090623 2154 DIST DISTURBANCE 129 LOP090624162982 131 5 39TH ST 20090624 2216 SUSP SUSP ACT/PERSON/VEH 130 LOP090624162619 3929 FARNAM ST / 20090624 0009--- - ASSIGN SPECIAL ASSIGN:LAW 131 LOP090627165941 123 5 39TH ST 20090627 0802 DRUGS NARCOTICS CRIMES 132 LOP090627165795 124 S 39TH ST 20090627 0133 DOMES DOMESTIC VIOLENCE CA 133 LOP090627166804 117 S 39TH ST 20090628 2335 DRUGS NARCOTICS CRIMES 134 LOP090630169087 S 39TH ST&HARNEY ST 20090630 2017 STOP TRAFFIC STOP OR WARR 135 LOP090702171011 S 39TH ST&HARNEY ST 20090702 0059 SUSP SUSP ACT/PERSON/VEH 136 LOP090704174113 117 S 39TH ST 20090704 2201 SUSP SUSP ACT/PERSON/VEH 137 LOP090705174539 3904 HARNEY ST 20090705 0513 DOMES DOMESTIC VIOLENCE CA 138 LOP090706176131 117 S 39TH ST - 20090706 2012 DIST DISTURBANCE 139 LOP090710179207 S 39TH ST&FARNAM ST z 20090710 0013 FIGHT FIGHT '` 140 LOP090710179237 3929 FARNAM ST 20090710 0055 FIGHT FIGHT ) 141 LOP090710179243 S 39TH ST&FARNAM ST 20090710 0100 CROWD CROWD DISPERSAL v. 142 LOP090711180328 307 S 39TH ST 20090711 _ 0232 INJPER INJURED PERSON 143 LOP090711180245 3929 FARNAM ST 20090711 0053 FIGHT FIGHT 144 LOP090711180280 S 40TH ST&FARNAM ST 20090711 0122 LIQUOR LIQUOR VIO:COLD 145 LOP090712181242 401 S 39TH ST 20090712 0008 DIST DISTURBANCE 146 LOP090712182130 124 5 39TH ST 20090712 2324 DIST DISTURBANCE 147 LOP090712182131 124 5 39TH ST - -- ` 20090712 2326 _ DIST DISTURBANCE_ 148 LOP090712181289 3929 FARNAM ST ✓ 20090712 0102 DIST DISTURBANCE i 149 LOP090713182289 124 S 39TH ST 20090713 0546 DOMES DOMESTIC VIOLENCE CA 150 LOP090718187397 4013 FARNAM ST 20090718 1438 GB GENERAL BROADCAST 151 LOP090719188649 124 S 39TH ST 20090719 1901 NOISE LOUD NOISE COMPLAINT 152 LOP090725193632 3929 FARNAM ST / 20090725 0007 - ASSIGN---- SPECIAL ASSIGN:LAW_ 153 LOP090725194055 117 S 39TH ST 20090725 1228 ASSALT ASSAULT:IN PROGRESS 154 LOP090726195294 117 S 39TH ST 20090726 1758 DIST DISTURBANCE 155 LOP090726194854 3915 FARNAM ST 20090726 0319 DOP DESTRUCT OF PROPERTY 156 LOP090801201258 131 S 39TH ST 20090801 1957 THRETR THREATS:REPORT 157 LOP090801201358 131 S 39TH ST n 20090801 2144 THRETR _ THREATS:REPORT 158 LOP090801200573 5 39TH ST&FARNAM ST 20090801 0151 DOP DESTRUCT OF %? PROPERTY 1 159 LOP090804203562 S 40TH ST&FARNAM ST 20090804 0800 PI PERSONAL INJURY ACCI I 160 LOP090807206410 117 S 39TH ST 20090807 0403 DOMES DOMESTIC VIOLENCE CA 090508114430 124 S 39TH ST 20090508 0115 CHKWB CHECK WELL BEING • 1 17m & PP # Case# Address Date Time Incident Type Incident Description 161 LOP090809208350 3929 FARNAM ST L - ^ 20090809 -- 0001 ASSIGN - SPECIAL ASSIGN:LAW I 162 LOP090809208975 S 40TH ST&FARNAM ST 20090809 1731 CHKWB CHECK WELL BEING 163 LOP090810209612 3910 FARNAM ST 20090810 1135 ASSIGN SPECIAL ASSIGN:LAW-1 164 LOP090811210319 S 39TH ST&FARNAM ST 20090811 0139 STOP TRAFFIC STOP OR WARR 165 LOP090811210324 S 40TH ST&HARNEY ST 20090811 0145 STOP TRAFFIC STOP OR WARR 166 LOP090812211388 S 40TH ST&FARNAM ST 20090812 0222 STOP TRAFFIC STOP OR WARR 167 LOP090812212153 117 S 39TH ST / 20090812 2135 DOMES DOMESTIC VIOLENCE CA 168 LOP090812211302 3929 FARNAM ST ✓ 20090812 0005 ASSIGN SPECIAL ASSIGN:LAW 169 LOP090813212349 139 S 40TH ST 20090813 0154 GB GENERAL BROADCAST 170 LOP090814213224 S 40TH ST&FARNAM ST f 20090814 0035 - ASSIGN SPECIAL ASSIGN:LAW __ 171 LOP090814213197 3929 FARNAM ST ✓ 20090814 0003 ASSIGN' SPECIAL ASSIGN:LAW--' 172 LOP090815214570 3871 FARNAM ST _ � 20090815 1237 VBLOCK VEHICLE BLOCKING 173 LOP090815215141' 3929 FARNAM ST / 20090815 2351 ASSIGN SPECIAL ASSIGN:LAW y 174 LOP090816215920 3929 FARNAM ST ✓ 20090816 1953 SUSP SUSP ACT/PERSON/VEH 1. 175 LOP090816215208 117 S 39TH ST 20090816 0104 SHOOT SHOOTING:HOT 176 LOP090816215354 3870 HARNEY ST 20090816 0330 DIST DISTURBANCE 177 LOP090818218002 117 S 39TH ST 20090818 2339 SUSP SUSP ACT/PERSON/VEH 178 LOP090818217780 117 S 39TH ST / 20090818 1909 ASSIGN SPECIAL ASSIGN:LAW 179 LOP090821219738 3929 FARNAM ST ✓ 20090821 0005 ASSIGN'' -- SPECIAL ASSIGN:LAW 180 LOP090822220945 117 S 39TH ST 20090822 0557 DOMES DOMESTIC VIOLENCE CA 181 LOP090822220762 S 40TH ST&FARNAM ST 20090822 0053 ASSIGN SPECIAL ASSIGN:LAWn 182 LOP090823221833 3871 FARNAM ST 20090823 0055 ASSALT ASSAULT:IN PROGRESS 183 LOP090825224404 S 40TH ST&FARNAM ST 20090825 2311 SHOTS SHOTS FIRED:HOT 1 184 LOP090826224655 117 S 39TH ST 20090826 0846 NATUNK NATURE UNKNOWN 185 LOP090827225414 131 S 39TH ST / 20090827 0215 DIST DISTURBANCE 186 LOP090828226246 3929 FARNAM ST ✓ 20090828 0006 ASSIGN T SPECIAL ASSIGN:LAW J 187 LOP090828226936 131 S 39TH ST 20090828 1930 DRUGS NARCOTICS CRIMES 188 LOP090829227225 S 40TH ST&FARNAM ST__ 20090829 0039 ASSIGN SPECIAL ASSIGN:LAW > 189 LOP090830228238 3929 FARNAM ST 20090830 0029 NOISE LOUD NOISE - % COMPLAINT 190 LOP090905234166 3904 HARNEY ST 20090905 0926 THREAT THREATS 191 LOP090905234396 117 S 39TH ST 20090905 1540 DIST DISTURBANCE 192 LOP090905234199 3904 HARNEY ST 20090905 1025 DOMES DOMESTIC VIOLENCE CA 193 LOP090906234964 131 S 39TH ST 20090906 0144 DIST DISTURBANCE 194 LOP090908237634 117 S 39TH ST 20090908 1829 DIST DISTURBANCE 195 LOP090909237976 3924 FARNAM ST_ ,_ 20090909 0010 ASSIGN SPECIAL ASSIGN:LAW_..J • 196 LOP090914243503 117 S 39TH ST / 20090914 1618 DIST DISTURBANCE 197 LOP090915244880 3929 FARNAM ST_ V 20090915 2355 ASSIGN SPECIAL ASSIGN:LAW ' 198 LOP090915244713 3871 FARNAM ST 20090915 2028 DIST DISTURBANCE 199 LOP090915244715 S 39TH ST&FARNAM ST 20090915 2028 FIGHT FIGHT ' 200 LOP090919247977 S 40TH ST&FARNAM ST - 20090919 0045 ASSIGN SPECIAL ASSIGN:LAW 1 24 S 39TH ST 20090508 0115 CHKWB CHECK WELL BEING • 1 r # Case# Address Date Time Incident Type Incident Description 201 LOP090919248037 S 40TH ST&FARNAM ST 20090919 0141 STOP TRAFFIC STOP OR WARR 202 LOP090919248018 S 40TH ST&FARNAM ST 20090919 0122 CHKWB CHECK WELL BEING 203 LOP090920249148 3871 FARNAM ST 20090920 0148 DIST DISTURBANCE 1204 LOP090925253758 S 40TH ST&FARNAM ST 20090925 ' 0044- ASSIGN" -- SPECIAL ASSIGN:LAW I 205 LOP090925253759 S 39TH ST&HARNEY ST 20090925 0046 NOISE LOUD NOISE COMPLAINT 206 LOP090925254689 S 40TH ST&FARNAM ST 20090925 2329 STOP TRAFFIC STOP OR WARR 207 LOP090925254220 117 S 39TH ST 20090925 1633 DIST DISTURBANCE LOP090926255428 122 S 39TH ST 20090926 1931 DOWN PERSON DOWN 209 LOP091004263214 3926 1/2 FARNAM ST 7 20091004 2356 DIST DISTURBANCE `T2-10 LOP091004262347 3929 FARNAM ST V/ 20091004 0004 ASSIGN' SPECIAL ASSIGN:LAW_ 211 LOP091006264398 3861 FARNAM ST 20091006 1357 DOPV - DESTRUCTION PROP:VEH 212 LOP091007264940 131 S 39TH ST 20091007 0121 DOMES DOMESTIC VIOLENCE CA 213 LOP091009266698 3929 FARNAM ST / _ 20091009 0004 ASSIGN SPECIAL ASSIGN:LAW- s. _ 214 LOP091009267441 117 S 39TH ST 20091009 2019 DOMES DOMESTIC VIOLENCE CA 215 LOP091010268102 117 S 39TH ST / 20091010 1548 DIST DISTURBANCE 216 LOP091010267623 3929 FARNAM ST 20091010 0012 ASSIGN"'--- SPECIAL ASSIGN:LAW-; 217 LOP091011268477 S 40TH ST&FARNAM ST 20091011 0052 ASSIGN SPECIAL ASSIGN:LAW S 218 LOP091015272660 3929 FARNAM ST / 20091015 2348 ASSIGN SPECIAL-ASSIGN:LAW",) 219 LOP091016272745 4008 HARNEY ST 20091016 0124 DRUGS NARCOTICS CRIMES 220 LOP091017274461 124 S 39TH ST 20091017 2229 NOISE LOUD NOISE COMPLAINT 221 LOP091017274542 3929 FARNAM ST —f 20091017 2358 - ASSIGN'- SPECIALASSIGN:LAW _ 222 LOP091017273604 117 S 39TH ST 20091017 0025 DIST DISTURBANCE 223 LOP091021277267 131 S 39TH ST 20091021 0243 DIST DISTURBANCE 224 LOP091022278599 307 S 39TH ST 20091022 1822 DIST DISTURBANCE 225 LOP091023278843 S 40TH ST&FARNAM ST / 20091023 0100 ASSIGN SPECIAL ASSIGN:LAW 226 LOP091025280501' 3929 FARNAM ST 20091025 0007- — 'ASSIGN SPECIAL ASSIGN:LAW 227 LOP091028283020 131 S 39TH ST 20091028 0529 DIST DISTURBANCE 228 LOP091030284549 124 S 39TH ST 20091030 0024 NOISE LOUD NOISE COMPLAINT 229 LOP091101287274 124 S 39TH ST 20091101 1943 SHOTS SHOTS FIRED:HOT 230 LOP091103288633 131 S 39TH ST 20091103 1355 DOMES DOMESTIC VIOLENCE CA 231 LOP091105290765 S 40TH ST&FARNAM ST 20091105 2339 DIST DISTURBANCE 232 LOP091105289966 S 39TH ST&FARNAM ST / 20091105 0207 STOP _ TRAFFIC STOP OR WARR 233 LOP091106290784 3929 FARNAM ST J✓ 20091106 0004 ASSIGN SPECIAL ASSIGN:LAW'% 234 LOP091107291759 3929 FARNAM ST /. 20091107 0001 ASSIGN SPECIAL ASSIGN:LAW 235 LOP091108292675 3929 FARNAM ST ✓ 20091108 0002 ASSIGN SPECIAL ASSIGN:LAW 236 LOP091108293524 3863 HARNEY ST 20091108 2316 DOP DESTRUCT OF PROPERTY 237 LOP091109294109 3939 HARNEY ST 20091109 1726 DIST DISTURBANCE 238 LOP091110294448 3900 FARNAM ST_ _ _ _ 20091110 0138 CAP OFFICER INITIATED CA 239 LOP091113297007 S 40TH ST&FARNAM ST 20091113 0042 ASSIGN SPECIAL ASSIGN:LAW / 240 LOP091118301160 S 40TH ST&FARNAM ST 20091118 0102 CROWD CROWD DISPERSAL HKWB CHECK WELL BEING • 1 ,_x % », 1 CDq k9.0 E.2 ° 7 q e c — \ § — $ 7 CD fa, E k . 0 0 0 cD C)CL k q ° E E § I 2. ..."...,,..,7"2 / P.11 « $ ƒ cr " o .. 7 f ' ........_ \ 2 q k` § 9 m 7 % Cr ƒ \. ' / \ f S q ° • ® § cT ? o q » P . Cl)cl, C 0 .. §. o 7 R § LA p , . ty. 2. Photograph showing the location of an apartment building struck by a gunshot fired during the November 21-22, incident.