RES 2009-0615 - City council liquor rules LIQUOR RULES
FOR THE CITY COUNCIL OF THE CITY OF OMAHA
After study and investigation, your Liquor Committee does recommend the following
rules:
1. Each applicant for a Liquor License shall submit with his application to the City
Council a statement as to whether the business is operated as a proprietorship, a
partnership or a corporation, and in the event that said business is operated as a
partnership or a corporation that a copy of the Partnership Agreement or the
Articles of Incorporation be submitted With the application.
2. In the event that there is any material change of any interest in the Liquor License
after the same has been granted, that is, a change in the Partnership Agreement or
a change in the holder of any interest in the corporation, or a change of stock
therein which results in any person holding in the aggregate more than twenty-
five percent (25%) of all of the stock of such corporation, that the City Council be
notified of any such change within ten days after the same is made.
3. In considering renewals of all types of licenses, the City Council will consider the
operation of the business during the past year, violations of the Liquor Control
Act, Rules and Regulations thereof, or Ordinances of the City of Omaha, the
records of the persons employed by or connected with the establishment.
4. Any licensee filing a false application will, upon discovery thereof by the City
Council of the City of Omaha, be cited before said City Council in such
procedure, as provided by law, to show cause why said license should not be
suspended or revoked.
5. In the event of the sale of a business where an application for a new liquor license
will be made, the seller and the buyer shall furnish the City Council with a copy
of the Sale Agreement of said business.
6. Each applicant for any type of license shall be personally present in the
Legislative Chamber, in order that the Council may make any inquiries, on the
date of public hearing of the application for said license. The applicant shall not
have to personally appear in the case of a renewal of an existing license except
where the applicant has been guilty of a violation of the Liquor Laws, Rules and
Regulations, during the preceding year. Further, the council may, at any time
request an applicant to be present regardless of whether application is being made
for a new license or a renewal of an existing license.
the City of Omaha
shall be as follows: The first Tuesday of each month, which Tuesday has a scheduled City Council
Meeting, 1:00 P.M. to be the opening hour and 2:00 P.M. to be the closing hour, said hearings to be held
in the Legislative Chamber of the Omaha/Douglas Civic Center for one or more consecutive days. If no
regular City Council Meeting is scheduled on the first Tuesday of the month, the City Clerk will schedule
the Board of Equalization Meeting for the second Tuesday of the month, and it will not be necessary for
the City Council to take parliamentary action to accomplish the same.
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7. The Council shall not grant any new licenses of any type or permit the transfer of
an existing license to a location which is located with 300 feet of any City Park, to
be measured from the nearest lot line of the Park to the nearest wall of the
building where the license is to be issued; (State law 53-177 provides that license
may not be located within 150 feet of any school, church, hospital, or home for
aged, or indigent, or for veterans, their family, and 300 feet from campus of any
college or university.
8. The "Manager" of any licensed premises shall be defined as the Manager duly
appointed by law or such person who "in fact" operates said establishment and the
licensee of such premises shall be responsible for all the acts of said Manager
committed on the licensed premises.
9. Definition of Tavern license - Tavern License is defined as a Class C Liquor
License where the main operation conducted on the licensed premises consists of
the sale and consumption of alcoholic liquors.
10. Each applicant for a liquor license at a new location and each licensee seeking to
transfer a license to a new location, add to licensed premises, or upgrade the retail
privileges permitted by the license shall submit, at the time of an application, a list
of names and addresses of the property owners within 500 feet of the licensed
premises. An abstractor registered under the Nebraska Abstractors Act shall
prepare the list and certify to its accuracy. The City Clerk shall post the premises
advising the public of the intentions of the applicant. Further, the City Clerk shall
notify the said property owners and the president of any registered neighborhood
association, alliance, or coalition serving the area in which the licensed premise is
located in writing of the application and date of hearing before the City Council.
11. After receiving notification of a Nebraska Liquor Control Commission decision
contrary to a recommendation or other action of the City Council, the City
Attorney may apply for a rehearing by the Commission. If the City Attorney
determines that a basis for appeal to the District Court exists, a resolution
directing appeal to the District Court shall be submitted for approval by the City
Council. When necessary to preserve the right to appeal, the City Attorney may
commence appeal without City Council direction and, as soon as practicable
thereafter, a resolution directing continuation of the appeal shall be submitted to
the City Council.
12. The Council may grant a liquor license to premises that include an outdoor area
when:
(a) The outdoor area abuts against a licensed structure; or,
(b) If the outdoor area does not abut against a licensed structure, no street,
drive, sidewalk or other passageway used for public vehicular or
City Council to take parliamentary action to accomplish the same.
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pedestrian traffic is between the outdoor area and the licensed structure;
and,
(c) A fence, wall, hedgerow or .similar barrier sufficient to prevent
uncontrolled entrance or exit from the licensed area separates the outdoor
licensed area from unlicensed areas.
For purposes of this Rule, a licensed structure shall mean that portion of an
enclosed building which is described in the same license as describes the outdoor
area. The applicant shall identify all measures that will be taken to prevent
customers from illegally removing alcohol from the outdoor areas.
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ORIGINAL CITY COUNCIL LIQUOR RULES, ADOPTED AS AMENDED
BY RESOLUTION NUMBER 3987, OCTOBER 1, 1957
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Revised: 5/2/06
New Print: 1/17/08
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uncontrolled entrance or exit from the licensed area separates the outdoor
licensed area from unlicensed areas.
For purposes of this Rule, a licensed structure shall mean that portion of an
enclosed building which is described in the same license as describes the outdoor
area. The applicant shall identify all measures that will be taken to prevent
customers from illegally removing alcohol from the outdoor areas.
•
ORIGINAL CITY COUNCIL LIQUOR RULES, ADOPTED AS AMENDED
BY RESOLUTION NUMBER 3987, OCTOBER 1, 1957
P:\CC\STORED\0030fmt.doc
Revised: 5/2/06
New Print: 1/17/08