RES 2009-0535 - Package liq lic to Hooch Hutch C-25A
CITY OF OMAHA ,
LEGISLATIVE CHAMBER ,
Omaha,Nebraska
RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA:
THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as
amended, after a hearing held within 45 days after receiving notice and a copy of the license
application and upon due consideration of all standards and criteria provided by law,this
Council hereby recommends that the following application for a Package Liquor License
be granted.
TKR&RV Limited, LLC, dba"Hooch Hutch", 4240 "L" Street.
That,the cost of publication of notice of the hearing was $26.00.
June 9, 2009 - Resolution No. 535 - Motion to adopt. Carried 5-2.
Yeas: Festerson, Gray, Stothert, Thompson, Gernandt
Nays: Jerram, Sigerson
r
By 4it-, . - i
Councilmember yegS.' fi54/4"/// G��a
Adopted JUN 920094:; tymCalyor
.� I 6 CA-vla4E1 T
p ::‘:144,- �u�S. T�41 �,�1 Siy t25��
" erk> /��/��Approved. ..
ts A and B, respectively, are
hereby authorized and approved, and the distribution of the Official Statement by D.A. Davidson
& Co. and Edward D. Jones & Co., L.P.,the underwriters of the Bonds, is hereby approved.
APPROVED AS TO FORM:
A ORNEY
By.... ...
qi1/4.14A-
Couneilmember
Adopted MAY 1 9 2009 _ -Q P:\FINADM1024s1b.doc
...4174ak -
/`' City Clerk
Approved 3''4'�
Mayor
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
1. The City Council does hereby approve the issuance by the Corporation of the
Bonds, having the final terms as set out in the Bond Purchase Agreement and the Official
Statement, in the aggregate principal amount of$65,000,000 and bearing interest at the rates per
annum and maturing in the principal amounts on June 1 of the years as follows:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
to annual renewal.
•
(9) The obligations of the parties and the enforceability of the provisions contained
in the Agreement, the Indenture and the Lease relating to the parties may be subject to general
principles of equity which permit the exercise of judicial discretion and are subject to bankruptcy,
insolvency, reorganization, moratorium or similar laws relating to or affecting creditors' rights
generally.
It is also our opinion that, assuming compliance by the Corporation with the covenant referred to
in the fourth paragraph of this letter,the interest on the Bonds is excluded from gross income for federal
income tax purposes and is not a special preference item or included in adjusted current earnings for
purposes of calculating the federal alternative minimum tax imposed on individuals and corporations.
The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax
liability of the recipient. The extent of these other tax consequences will depend upon the recipient's
particular tax status or other items of income or deduction. We express no opinion regarding any such
consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including
S corporations and foreign corporations operating branches in the United States), property or casualty
insurance companies, banks, thrifts or other financial institutions or certain recipients of Social Security
or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or
taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry
D-3
traordinary transfers out,if any,is used as the initial credit to the
General Fund Budget for the second year following the year in which the excess has arisen.
B-2
are from time to time announced or proposed and litigation is threatened or commenced which, if
17
e due and punctual payment of the principal of or the interest on any
outstanding Bond and the continuance thereof for a period of five days;
14
minee as may be requested by an authorized
representative of DTC) is the responsibility of the Trustee or the Corporation, disbursement of such
8
09
6'41.0i2K8gR 2 2, Pi 9,2P
1 41 uag,-Ryi x .8a2 ,e, ,L: -,E•gqgpgg t
g m o
6,.
;41!!!1$f li; Iliqrf '; 409:1 X
X ggET9; I. Iggiin i 2 Ari,,,,,, x88 ,
•-•Z Z .5°..-
,
bNiPiX a it=/CI A8-8;) -
C-A 84 r.
tv PA•0.-3 t..-3 Mi
1\'/ 11 g t'.; ggng$g 1 F8 if le 6 x!g%oti, g . ovstriocnz _
I ili hg !'qfg3 i 31, gif, i49i4;15
1
-' "PRJ.S 2 MA2Ii22; 2 r i g;' %gati.tx § G g.g !i: gs. ,N:484 s 5 5.' t01 Z E...-5›• 4
ir- !Signx,gt- 4115gYt.HOeeg0,:, f N-oggelli w'. .g p40 1 i g - ggg RANYw:gs '
,, 9tx.H.k N!: 4,_i ,Y,0P.ttl.,-.. , k'lli; a III 3 ig !let, " ' 6 "4 ohrio ;
"..W.;4-7. -":,af, , ':- P4=):;'"8Y-,-: "xgcgl'i -- — ' !IN lisIr g s a :,4„.
,y. •,. y_ ‹§„, „ym 4 j1:01Ptv,yx,t , a, ,,,
,! gi. ?, d7 ! ' t !
§ irl P , ,'Ji!l'g-1- i% ' ;iir,, $ixiiti i a. 2— :..P.A.•=8-3
C- 47."4'''/gA R ir9q. 9.0' ,g i.;is . pi ilwgmge:0 n 0 2 rr—
qA (n ...:-:.0.....0 04.- ,-,•1
' PiNi I! !'4!X31.'!!t" ''
:g40P1!;M;g; „. . 9 1m 9I0A9,1Vu 9-
. ,'- 1 /iixaNP g; xq! z
7: " _ Is i
-,J 1 ;
AAW '. %0` 1" Mg;- ; 44i P A i :44. 1:/11 if gPaA'Rgif A 0 • 2 .4CnIACI 1P.m4 t-'
At qt
...60; ;PS ,i9p;;IIN 11';111 ti # $ AR's s ' 1i1 0 dyipa. 1
A t A A 2 1E E 'fIRFar)1" I 't ggpt.t t0 Wgrig--o- gi5„ A' !; tgAAIL “ 1 i; 4 ;g1P1Iii i CA t''' 0 :
:8 11V4 !"'
.4 Ait 8 1
P;i3d0 55:7 - ' gs Wlsggi
8 A
A
REVISIONS
rri,,3
• • •EMMA ADDITION i,. 110
NO. DESCRIP DA1E BY 0h
tr,r''"'""••as\ R R § `g c-.2 S ;,,'' DON
EPA "P^ 17,511' CA-
FINAL PLAT
0"1
55 V5' rt. :;
_ ci y 135TH & "0" STREETS
MA -IA NFRPASKA .
rn o
O ett HZ0-1
CD -P a'
co
L A N
n .-i-j0. o li
C° 0 cJI o
O
n s• P NQ,
S` - O
0
C/)
g
4
o
et qs
tn
J 0
a
3
51
3
s
fi
1
McDonald, Kelly& Fitch, Lisa, dba"Tierra Caliente", 9537 "Q" Street.
That, the cost of publication of notice of the hearing was $26.00.
June 2, 2009 - Resolution No. 532 - Motion to adopt. Carried 7-0.
By
Councihnember
JUN Adopted .2....-- 2 2009 7 - c)
„x?,...
1_ ' , City ClerW507
Approvedbtaf
. .., .
. . Mayor
tf\ N.
,
N SHEET
From:MULTICULTURAL AFFAIRS 402 554 2000 06/05/2009 11 :03 #324 P.002/002
Dear City Council Board:
I am writing because I'm trying to start a business and I understand that I need to clarify a
few things that are on my record. First,there are a couple of incidents where I was in the
company of someone that was doing wrong and because I was with her and of legal age, I
was also charged. I was never guilty of the actual crime,just the company that I kept
back then. Of course,I am happy to say that I no longer associate with that individual.
Then there's an issue from a couple of years ago that I was charged with fraud and a
warrant was issued for my arrest. It was classified as a misdemeanor and mainly a
miscommunication. I was receiving Unemployment and took a job on a temporary basis.
When I was hired full time a month later,I notified Department of Labor and let them
know that I was finally gainfully employed. A year later,they deemed that I wasn't
supposed to receive that last month in unemployment and issued a warrant for my arrest.
I wasn't even aware that I was in the wrong. However,being the honest citizen that I am,
I did pay my fine and made sure that everything was taken care of. Recently I was also
charged again because of not knowing what was going on in my own home. As a
working single parent,when I go to bed,I'm a very sound sleeper. I had no idea that the
company that was being kept in my home was a fugitive of the law. If I had known that,
it would not have happened. However, once again,I had to face another misdemeanor
charge because I am the adult in my home. My daughter is very remorseful for the
incident especially after she saw the impact of the outcome. She was unaware of the full
situation herself. I have two small boys that I'm raising so this is not the behavior that I
want them to see. My basic character is a God fearing,hard working citizen that also
believes in humanity. I believe in helping your fellow man and have done so throughout
my entire life. I have been involved in several community projects and programs to help
and assist our youth of today. I was involved in summer youth track as a track president
for 6 years,worked with thrown away youth by working/running a youth group home.
I've helped several family and friends when they were down on there luck. I am enrolled
and will begin working on my Master's Degree in Business in August. I now want to
provide for my family by owning my own business. I am asking that you consider my
application so I can continue to strive for excellence within my family and the
community. Please feel free to contact me if you have any further questions or concerns
on my character. I can provide a list of references if you need to question any further.
Sincerely,
Veronica D Woods
From:MULTICULTURAL AFFAIRS 402 554 2000 06105/2009 11 :03 #324 P.001/002
Fax
To: Carmen From: Veronica Woods
Fax: 444-5263 Pages: 2
Phone: Date: June 5,2009
Re: cc:
0 Urgent x For Review 0 Please Comment U Please Reply 0 Please Recycle
• Please consider my application.
{
M •- o O o 0
0 co, n •° ° CD B
oPi-, � x0 •
cJ'
C4 r0
� � ° �
O ZIT
,-n Q •
� O te..410 p ncl,
n - rn
Po(IQ cr a2
0 pp
e consider my application.
{
Page 1of1
Brown, Buster(CCIk)
From: Mumgaard,Thomas (Law)
Sent: Monday, June 01, 2009 3:18 PM
To: Brown, Buster(CCIk)
Cc: Kratz, Paul (Law) ,
Subject: Veronica Woods-Hooch Hutch
I've reviewed the criminal history of Veronica Woods,a part owner of the corporation applying for the license.
A question has arisen about one of the charges and I've not been able to get all the information I need from the
courts to determine if this corporate member is disqualified as a matter of law.
I request that this item be laid over one week.
6/1/2009
•
•
tj
'cj o,� x d o 0
N O •
o
C N O °
CD A) A
Cr4 O< r'
o• ;�
CV
0°r
ro a1 .rt
"' n n UQ
CD Ai CD ..
e charges and I've not been able to get all the information I need from the
courts to determine if this corporate member is disqualified as a matter of law.
I request that this item be laid over one week.
6/1/2009
RECEIVED
INTEROFFICE MEMORANDUM
09 JUN -4 3' 51
Law Department
CITY CL"EP,K
Q.MAA.A.Eaii
DATE: June 4, 2004no
9
TO: Buster , City Clerk
AroFROM: LjCt�
omas O. Mumg , D City Attorney`
SUBJECT: Liquor License Application at Hooch Hutch, 4240 `L' Street
You have asked for advice about the package liquor license application of TKR & RV,
Limited, LLC, for a license at the "Hooch Hutch", 4240 `L' Street. The application indicates
that Veronica D. Woods is one of two members of the limited liability company. The Police
Department criminal history report raises two questions about Ms. Woods' qualifications.
A limited liability company is disqualified from holding a retail liquor license unless all
of the members are qualified to obtain a license. Neb. Rev. Stat. 53-125(9). Thus, any
disqualification of Ms. Woods disqualifies the applicant limited liability company.
Most Recent Charges: On October 30, 2008, Ms. Veronica Woods was charged with
Accessory to a Felony, which is a Class III felony. Conviction of a felony disqualifies a person
from holding a liquor license. Those charges were reduced to a Class 1 misdemeanor and on
May 15, 2009, Ms. Woods was fined $500.00. The charges alleged that Ms. Woods attempted to
harbor or conceal a person who was a felon in possession of a deadly weapon. Her arrest arose
from an investigation after two people were shot in a drive-by shooting.
Only certain Class 1 misdemeanor convictions are automatic disqualifications from
holding an interest in a liquor license. This offense is not such an automatic disqualification.
1992 Conviction: In 1992 Ms. Woods was convicted of theft by deception of over
$1,000.00 from Wal-Mart. That offense is a Class III felony. But, in 2002 the Board of Pardons
granted her a pardon that removed all disqualifications arising from the conviction. Thus, the
pardon removed the disqualification that the Liquor Control Act otherwise would impose.
Other Considerations: Although these convictions are not disqualifying by themselves,
they may be considered as evidence of other qualifications. Section 53-125(2) of the Liquor
Control Act directs that a license shall not be issued to any person who "is not of good character
and reputation in the community". This is defined to mean that licensees must be persons of
"good faith and honesty of purpose." C&L Co. v. Nebraska Liquor Control Commission, 190 Neb.
91 (1973). The City Council may consider Ms. Woods' criminal history in determining whether
she meets this standard.
REQUEST TO LAW
?no '`.;` 18 (dill: 32
LAW DEPARTMENT USE ONLY:
LOG BOOK# 78-09 = CLERK
TO: Paul Kratz, City Attorney DATE ASSIGNED 05/18/09
DATE: May 18, 2009 ASSIGNED TO /4/1 "" act?,
DATE ANSWERED \D--to
WITHDRAWN
REQUEST BEING MADE BY:
Buster Brown f City Clerk 5557
(NAME) / (DEPARTMENT) (PHONE)
TIME LINE: City Council hearing June 2, 2009
12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT
REQUEST FOR: Leal Opinion
(State Specifically What You Are Requesting)
DETAILS:
Please prepare a Legal opinion regarding the criminal history in
reference to the Package Liquor License application of TKR & RV,
Limited, LLC, dba "Hooch Hutch", 4240 "L" Street ie: Veronica D.
Woods
INFORMATION ATTACHED: YES X NO ^ NONE AVAILABLE _
REVISED: 01/02/92
r
I
$
Omaha Police Department —y 0MAH d.NFd '�"�iC `.
> ir Pis RECORDS UNIT � j
�4•� ;' ' 505 SOUTH 15TH STREET ;, ,
s( k otk*P ol
: i OMAHA, NEBRASKA 68102-2769 *o - " 7
pA _;yam , ro
O y
� r�
4TFDFERv PHONE 402-444-5828 .,L /
,.�il O
4.061
„r
CARMAN JOHNSON-LIQUOR CLERK DATE: 05/13/09
OMAHA CITY CLERK'S OFFICE PROCESSED BY: C973
CITY COUNTY BUILDING
1819 FARNAM STREET
OMAHA, NE. 68102
CRIMINAL HISTORY PAGE: 01
*** ALIAS NAME *** D.O.B.
LAST/FIRST/M.I. : WOODS VERONICA D 10/14/1969
LAST KNOWN ADDRESS: 05515 N 63RD ST
OMAHA, NE
DATE CLASS ARREST/CHARGE DISPOSITION
020790 M THEFT BY UNLAWFUL TAKING SUSPEND EXECUTION,PROBATION OFFICER
020790 M FRAUD: OBTAIN PROPERTY PROBATION: PROBATION OFFICER
080991 M FALSE INFORMATION FINE, SUSPENSION OF EXECUTION
080991 M2 THEFT BY SHOPLIFTING UNDER $100 FINE AND COURT COSTS
080991 M FRAUD: OBTAIN PROPERTY FINE AND COURT COSTS
031406 M3 FALSE STMNT OBTAIN/INCR UNEMP BENEFIT FINE, PROBATION OFFICER
061208 M FAIL TO APPEAR - CITATION -MISDEMEANOR FINE, SUSPENSION OF EXECUTION
103008 F3 ACCESSORY TO FELONY-CLASS 2 PRELIM HEARING WAIVED, BOUND OVER
POSSIBLE OTHER AGENCIES TO CONTACT:
FOR MORE INFORMATION NEXT PAGE
nse is not such an automatic disqualification.
1992 Conviction: In 1992 Ms. Woods was convicted of theft by deception of over
$1,000.00 from Wal-Mart. That offense is a Class III felony. But, in 2002 the Board of Pardons
granted her a pardon that removed all disqualifications arising from the conviction. Thus, the
pardon removed the disqualification that the Liquor Control Act otherwise would impose.
Other Considerations: Although these convictions are not disqualifying by themselves,
they may be considered as evidence of other qualifications. Section 53-125(2) of the Liquor
Control Act directs that a license shall not be issued to any person who "is not of good character
and reputation in the community". This is defined to mean that licensees must be persons of
"good faith and honesty of purpose." C&L Co. v. Nebraska Liquor Control Commission, 190 Neb.
91 (1973). The City Council may consider Ms. Woods' criminal history in determining whether
she meets this standard.
I
Omaha Police Department
°tAAHA,N£g
° RECORDS UNIT '� 1
%� 505 SOUTH 15TH STREET V° j
�+` 'g ' l i OMAHA, NEBRASKA 68102-2769 ,�P�`a P�ht
174, °�!: , PHONE 402-444-5828 71+''
•PA °ti Opp �.,,. i..
�17.£1)FEBRvr 4414010
CARMAN JOHNSON-LIQUOR CLERK DATE: 05/13/09
OMAHA CITY CLERK'S OFFICE PROCESSED BY: C973
CITY COUNTY BUILDING
1819 FARNAM STREET
OMAHA, NE. 68102
CRIMINAL 'HISTORY PAGE: 03
*** ALIAS NAME *** D.O.B.
LAST/FIRST/M. I. : WOODS-BENTON VERONICA D WOODS VERONICA D 10/14/1969
LAST KNOWN ADDRESS: 05515 N 63 ST
OMAHA, NE
DATE CLASS ARREST/CHARGE DISPOSITION
122892 M ANIMAL: VACCINATION - WHEN REQUIRED FINE AND COURT COSTS
POSSIBLE OTHER AGENCIES TO CONTACT:
FOR MORE INFORMATION NEXT PAGE
ION,PROBATION OFFICER
020790 M FRAUD: OBTAIN PROPERTY PROBATION: PROBATION OFFICER
080991 M FALSE INFORMATION FINE, SUSPENSION OF EXECUTION
080991 M2 THEFT BY SHOPLIFTING UNDER $100 FINE AND COURT COSTS
080991 M FRAUD: OBTAIN PROPERTY FINE AND COURT COSTS
031406 M3 FALSE STMNT OBTAIN/INCR UNEMP BENEFIT FINE, PROBATION OFFICER
061208 M FAIL TO APPEAR - CITATION -MISDEMEANOR FINE, SUSPENSION OF EXECUTION
103008 F3 ACCESSORY TO FELONY-CLASS 2 PRELIM HEARING WAIVED, BOUND OVER
POSSIBLE OTHER AGENCIES TO CONTACT:
FOR MORE INFORMATION NEXT PAGE
nse is not such an automatic disqualification.
1992 Conviction: In 1992 Ms. Woods was convicted of theft by deception of over
$1,000.00 from Wal-Mart. That offense is a Class III felony. But, in 2002 the Board of Pardons
granted her a pardon that removed all disqualifications arising from the conviction. Thus, the
pardon removed the disqualification that the Liquor Control Act otherwise would impose.
Other Considerations: Although these convictions are not disqualifying by themselves,
they may be considered as evidence of other qualifications. Section 53-125(2) of the Liquor
Control Act directs that a license shall not be issued to any person who "is not of good character
and reputation in the community". This is defined to mean that licensees must be persons of
"good faith and honesty of purpose." C&L Co. v. Nebraska Liquor Control Commission, 190 Neb.
91 (1973). The City Council may consider Ms. Woods' criminal history in determining whether
she meets this standard.
•
cp
'8'va
C .-
Ui .
' 0 ° ° d j�
CDLi
bC
C � •.
r�
BCDcr
n �
• - ate
N
REQUEST BEING MADE BY:
Buster Brown f City Clerk 5557
(NAME) / (DEPARTMENT) (PHONE)
TIME LINE: City Council hearing June 2, 2009
12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT
REQUEST FOR: Leal Opinion
(State Specifically What You Are Requesting)
DETAILS:
Please prepare a Legal opinion regarding the criminal history in
reference to the Package Liquor License application of TKR & RV,
Limited, LLC, dba "Hooch Hutch", 4240 "L" Street ie: Veronica D.
Woods
INFORMATION ATTACHED: YES X NO ^ NONE AVAILABLE _
REVISED: 01/02/92