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RES 2009-0706 - SDL for beer garden at Red Lounge July 23-25 2009 PrintForm APPLICATION FOR SPECIAL DESIGNATED LICENSE RETAIL LICENSE HOLDERS NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN,NE 68509-5046 PHONE:(402)471-2571 FAX:(402)471-2814 Website:www.lcc.ne.gov/ BEFORE SUBMITTING APPLICATION TO THE LIQUOR CONTROL COMMISSION Include approval from the City,Village or County Clerk where the event is to be held El A license fee$40(payable to Nebraska Liquor Control Commission)for each day/event to be ,„ • licensed(i.e.if you have two separate areas at one event they both need to be licensed)(unless licensed as a K Caterer no fees required) Application MUST be received at the Liquor Control Commission Office no later than 10 working days prior to event(excluding weekends,Federal and State observed holidays) COMPLETE ALL QUESTIONS 1. Type of alcohol to be served and/or consumed 17.1 Beer El Wine El Distilled Spirits 2. Liquor license number and class(i.e.C-55441) -1 6 / 2- I 3. Licensee name(last,first,middle),Corporate name,Limited Liability Company(LLC) NAME: Red Lounge,Blue Sushi LLC 14450 Eagle Run Dr#200 ADDRESS: cny Omaha 68116 ZIP ' COUNTY Douglas • 7:\ , ) , f'• REV 5/09 Page the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 4. Location where event will be held;name,address,city,county,zip code 14450 Eagle Run Dr#200 ADDRESS: _ Omaha 68116 ZIP CITY COUNTY Douglas a. Is this location within the city/village limits? © YESO NO b. Is this location within the 150' of church,school,hospital or home aged/indigent or for veterans their wives? 0 YES® NO c. Is this location within 300'of any university or college campus? 0 YESEI NO Must be consecutive days 5. Date(s)and Time(s)of event no more then six 6 consecutive da,s on one application Date 7 I v,51®1 Date .7 )7,4 loci Date ? I I0! Date Date Date Hours rom Hours rom Hours rom Hours rom Hours rom Ho Pin To11641 3 Pm To [.Ow 3 e To l r To _Tor--I1To a. Alternate date: b. Alternate location: (Alternate date or location must be approved by local) 6. Indicate type of activity to be carried on during event O Dance p Reception 0 Fund Raiser 0 Beer Garden 0 Sampling/Tasting 0 Other 7. Description of area to be licensed 0 Inside building,dimensions of area to be covered IN FEET 30 90 Name of building IGrayhawk Point (not square feet or acres) El Outdoor area dimensions of area to be covered IN FEET 35 x 95 (not square feet or acres) If outdoor area,how will premises be enclosed p fence,type of fence 0 snow fence® chain link 0 cattle panels 0 other ❑tent O other,explain _ _ - _ _ � ) _W�... *If both inside and outdoor area to be licensed include simple sketch 8. How many attendees do you expect at event? 200 9. If over 150,indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages. REV 5/09 Page 2 ce of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 J - 10. . Will premises to be covered by license comply with all Nebraska sanitation laws? El YES I NO a. Are there separate toilets for both men and women? E]YES El NO 11. Where will you be purchasing your alcohol wholesaler CI retailer 0 both 12. Will there be any games of chance operating during the event? 0 YES 0 NO If so,describe activity NOTE: Only games of chance approved by the Department of Revenue, Charitable Gaming Division are permitted. All other forms of gambling are prohibited by State Law: There are no exceptions for Non Profit Organizations or any events raising funds for a charity. This is only an application for a Special Designated License under the Liquor Control Act and is not a gambling permit application. 13. Any other information or requests for exemptions: 14. Name and telephone number/cell phone number of immediate supervisor. This person will be at t the location of the event when it occurs, able to answer any questions from Commission and/or law enforcement before and during the event, and who will be responsible for ensuring that any applicable laws, ordinances,rules and regulations are adhered to. We.,c l?,1 Phone: Before Ltitit) 1 07- Z During (slot) ;�t zxZ;, Print name of Event Supervisor VV A1/0••\.---- Signature of Event Supervisor Vv, `1d - itP0'friNV t°ori REV 5/09 Page 3 or acres) If outdoor area,how will premises be enclosed p fence,type of fence 0 snow fence® chain link 0 cattle panels 0 other ❑tent O other,explain _ _ - _ _ � ) _W�... *If both inside and outdoor area to be licensed include simple sketch 8. How many attendees do you expect at event? 200 9. If over 150,indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages. REV 5/09 Page 2 ce of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 1 Consent of Authorized Representative/Applicant 15. I declare that I am the authorized representative of the above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including all records of every kind including police records. I agree to waive any rights or causes of action against the Nebraska Liquor Control Commission, the Nebraska State Patrol or any other individual releasing said information to the Liquor Control Commission or the Nebraska State Patrol. I further declare that the license applied for will not be used by any other person, group, organization or corporation for profit or not for profit and that the event will be supervised by persons directly responsible to the holder of this Special Designated License. sign here CEO/Owner 6/17/09 /l./��- -- - ---- - -,---- _ - - - - A orized Represen .ve/Applicant Title Date Nicholas Hogan • Print Name This individual must be listed on the application as an officer or stockholder unless a letter has been filed appointing an individual as the catering manager allowing them to sign all SDL applications. The law requires that no special designated license provided for by this section shall be issued by the Commission without the approval of the local governing body. For the purposes of this section,the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village,then the local governing body shall be the county within which the place for which the special designated license is requested is located. • REV 5/09 Page 4 btaining alcohol beverages. REV 5/09 Page 2 ce of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 Mnnn, N • City ofOmaha, Ness `� � c.) Ji 1819 Farnam 2 et,„. f'r-- r-« ' a nam — Suite LC 1 •�� r ,� n Omaha, Nebraska 68183-0112 0 v w .` "'? .N�' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 4P1 ED FEe03��� June 22, 2009 • Blue Sushi, LLC, Application for a Special Designated Dba "Red Lounge" License for July 23-25, 2009 14450 Eagle Run Drive, Ste 200 (Music to end at 11:00 p.m.) Omaha, NE 68116 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application(s) for a Special Designated liquor license has been set for June 30, 2009. The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application(s) to the Nebraska Liquor Control Commission. Sin elyurs Buster Brown City Clerk BJB:clj ing body. For the purposes of this section,the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village,then the local governing body shall be the county within which the place for which the special designated license is requested is located. • REV 5/09 Page 4 btaining alcohol beverages. REV 5/09 Page 2 ce of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 i o ( WCD O �„t rr. cD C UQ 0 N ¢ C 8 AD ° r+ • .� ••• � ice-• CO wd � - Ct N iZt•• C cm? CI. + O ak co) co b? • CD_ o cp 0 •D 0 CD ooNU o •� r o N I r+ and Tenant have executed this addundum the day and year first above written. LANDLORD: TENANT: Pinkerton Properties, LLC JJRK, LLC., a Nebraska limited liability company a Nebr k .mited liability company By: By: Name: Jim Pettid Name: �•� Title: CFO Title: P874(_ 2 • • To the Omaha City Council; Re: Beer Garden for the Red Lounge at 144th and Eagle Run.Drive It will soon be time for the Cox Classic golf tournament and we understand the proprietor of Red Lounge will once again ask for a permit for a temporary outdoor beer garden for that week-end.As residents of the Gray Hawk residential area directly across the street from this Lounge,we are asking that you have the same stipulations as last year: 1 No outside music 2 The proprietor must be in attendance every night 3 They have extra security to control the crowds and the noise especially Friday and Saturday nights As we did last year our home owners association Will have security in our area to keep people from using our yards for bathrooms and destroying our property and throwing their beer cans and drink glasses in our yards. Thank you for considering our request. Joe Gouldsmith Wanda Gouldsmith 14470 Wirt Street Omaha, Ne 68116 TO ; a AL!CMZ'• v } • DIST v j ...ten • ClT,'CLEAR N2 _:. . . of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application(s) to the Nebraska Liquor Control Commission. Sin elyurs Buster Brown City Clerk BJB:clj ing body. For the purposes of this section,the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village,then the local governing body shall be the county within which the place for which the special designated license is requested is located. • REV 5/09 Page 4 btaining alcohol beverages. REV 5/09 Page 2 ce of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • £?" COLLEGE OR UNIVERSITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 From:CBSHOME - SEVILLE 402 964 4701 06i29/2009 14:16 #487 P.002/002 June 29,2009 To: Members of the Omaha City Council Fr: Helen Jane Bisson President of the Homeowners Association of Greyhawk And.Member of the SID Re: Blue Sushi and Red request for special outdoor permits to serve alcohol. Blue and Red liquor establishments are once again requesting special permits to allow the gathering of persons and consumption of alcohol outside of their bar and restaurants. They have made these requests over the past several years and in each case permission has been granted. These establishments boarder a residential neighborhood called Greyhawk which is situated along 144th and Eagle Run Drive just across the street from St.Vincent's Catholic Church. Town houses and single family dwellings look across the drive at the store fronts and parking lot.The main entrance to the neighborhood requires that you drive past the parking lot and the bar and restaurant. Each year the festivities have included loud music,throngs of people and cars,parking congestion in the neighborhood,litter, public urination and last year an altercation required the services of the rescue squad. Last year was the best of the previous years outside activities. We would like for this year to be an even better one for the bar owner,the public and the neighbors of Greyhawk. With that said we respectfully request the following conditions be placed on the bar and its owner before a license is approved. 1)No music in the parking lot and none to be"piped"out from the bar to the parking lot. 2)Owner to be on premise from 6pm to lam. • 3)Uniformed security on site for the entire event and to insure the rapid and orderly departure of guests at the end of the evening. 4)Trash to be picked up on Eagle Run Drive by 10am the following morning. Thank you for your kind consideration. Sincerely, , ¢ c,�!'L�r�- ?ire-/�L�,�,b-✓ Helen Jane Bis on SITY (,e.____ (Authorized Signature) (Date) lord possession of the Premises and the leasehold improvements, fixtures and equipment constituting a part thereof with all keys thereto. Section 17.18 Offensive Odors. Tenant expressly agrees to prevent the permeation or spread of offensive odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that offensive odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such offensive odors should permeate or spread, Tenant agrees, at its own expense, to timely make all necessary repairs or take other remedial action to insure the containment of such offensive odors and to indemnify and hold Landlord harmless from all damages, liabilities, costs and expenses incurred by Landlord, including without limitation reasonable attorneys' fees which in any way result from the permeation or spread of offensive odors from the Premises. Section 17.19 Other Tenants. Landlord reserves the absolute right to effect such other tenancies in the Shopping Center as Landlord, in the exercise of its sole business judgment, which it may determine best promotes the interest of the Shopping Center. Tenant does not rely on the fact, nor does Landlord represent that any specific tenant or number of tenants shall during the Lease Term occupy any space in the Shopping Center. 11 ll inure to 9 isions of this Lease or arising out of or concerning any provisions of this Lease. Section 12.02 Cumulative Rights. The rights, options, elections, and remedies of Landlord and Tenant contained in this Lease shall be cumulative and may be exercised on one or more occasions; and none of them shall be construed as excluding any other or additional right, priority, or remedy allowed or provided at law or in equity. 7 • • 0 q •c k ° 9 § o ƒ Lai § § . k E t k d p §. . o F4D § m § § • • R � 0 §(fq pa cp § H . 0 CD a. • -' \, a" c) . 7 E 0 n p .4 o •� r o N I r+ and Tenant have executed this addundum the day and year first above written. LANDLORD: TENANT: Pinkerton Properties, LLC JJRK, LLC., a Nebraska limited liability company a Nebr k .mited liability company By: By: Name: Jim Pettid Name: �•� Title: CFO Title: P874(_ 2