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RES 2008-0480 - Off sale beer lic to M&A Petroleum Corp C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BYT 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 an Off Sale Beer License be granted. M &A Petroleum Corp., 503 North 33rd Street. That, the cost of publication of notice of the hearing was $26.00. April 8, 2008 - Resolution No. 480 ,— Application read. Amendment. Carried 4-2 Motion to adopt as amended based on the stipulations agreed to by the applicant. Carried 4-2. • By t� Ve4.,,,A4) Councilmember Adopted.. l ../ Vh t r� APR "° 8 2008 ,2 - City Clerk Approvedor -4 Ae `-- 9 %' Mayor prove Mayor ATTORNEY DATE Bl04141441y 94.144 Councilmember Adopted APR �1 5 2008 9 0 City Clerk Approved, - S/ Mayor - r / CS ��� T ATV . a` vJ 4 Z = � m 5 PR ME g gsg q a I Ip 4 3 4 III1i �P F"IgSq Y �' 9 4 3 qei"x°i,4 5 3'I!R°4f ' u a• @ R * 99 f,i€ ; gg qP R' zz T e 9-90 4E ' 9 POP B 9 R a¢ F o Q �R.d �44ga;;'`�q 1 I fr' FC aapas ''r,`,F r 'il, a a i . ;4,'„§°'ea..fgg ik,.? .5$ f-F '�2£ F € k o s tea,AI a 0..16§a,R �' f)�{ P ma R., fi+ `fie G 4c�A°' 8 d g 3�°�a`;p a a 5P° s ¢ £ as a Aa � aig f":L1111 € Rray.. 4 .a-X,Af ; a aia&;z 9 Alg s o y i 1111 �?'� maRw�s 1" e4.R.4rr, a€; £ s` q .M! hca %SPEr, a4o e. pYva 5 i 4 i aisRQa 'R'Rp ape [ ee � 11p--a 2 4y�Pp. �RM1q"o va•,R€ `a 'E I F 99�4ii TR„ :a � 's ag. ba @��S? c R A f5R h Sd ��A2 "afai R f�3�cbae� 9sc:ae a �§ 5 4�a � E`ANA, �§�;9���4�i a._ ,PP#I! GR All §F` fpf 2;4R' a§;3�[it��ssydas@R R � € Alan -c, R^R:d4v3aSia!$'a�f�`p`� Ni:3sa &b8e?=„pri5a A$ 4 ib FINAL ISIICCI ro, I I .s .FREDERICK PLAZA I MIRCKHHAIBOTH STREETS FREDERCK STREETAMEL 2, maul ACBRASKF X/71/_ /7- ' // e of Nebraska. the Legislative Chambers, Omaha/Douglas G7 :•`yt RP.L Civic Center,April 15,2008, at 2:00 p.m. for Q ' • yy final consideration and approval. � : 0.� i BUSTER BROWN, �1t �;P• Subscribed in ence and sworn to before City Clerk `"' I �\ ��\SSA •60 4-4-08 Pub she;'s F . c,\$E me this 4th day of sr'. Addi' nal•Qopies $ N'...''-` Apr' 20 08 }, T°�r IT14 .Q1 ,J ` Not ubl' i Douglas County, -. State of Nebraska evrQe�cy�rb✓►Sf> t Address o 3e—?dirir--A-ve._, tfr-j Telephone Number t 2-Leo 77 7 &.Ca j to 42 3—L3 nsively in Motels&Hotels timi n 92anne+ i'i •Size:72"x 90" •Medium weight...2.50 lbs. a --, -.......:.• \\ •Weight:2.12 lbs ,' C; •Size:72"x 90" o �,$ Case Price. , h'jl; •Color:Blue Case Price •Color:Blue $47.40 Broken case$69.00 " •Standard Case:6 Broken case price — — z •Standard Case:6 price i #0702080 $8.90 ea. #0702093 $12.90 ea. 2035 Park Ave. Suite#1 www.simplerlife.com P.O. Box 700704 Redlands, CA. 92373 1_g00-266- PREP(7737) San Jose, CA. 95170 (909) 798-8108•Fax(909) 798-8718 (408)973-1222•Fax(408)973-0470 Re.Ua2607 ) Name 13pt7 I Signature Calendar days following award Title 'rr. I Phone( )21e(e -7"73-7 Fa(9 ,)798-57I t8 Address _2035 'Qa etG Illy Pc-.4 �2 q 237 75-9t� S Street/PO Box City State Zip E-Mail Address •Cdr. report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at 402-444-5055. (Please Print Legibly or Type) Firm A/ f COk /TILt77'AJ LLC Incorp ated in IVE. ,Ki ,,,,egezi-d te)Name L eciire /V /4 /e1;71� 'Signature 21. 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Other or • .. . .. • .. . • , • - - ' - • • . . . •.. .... . . . . . - . • . . • . • • • • • . . • - • • . •. . - • • • _.__. ___. ... ..— .. __________.. ......—__ . ...--.,- .,.. ....._.— ...„. w , • co o oCD Ro SA > ° ° cn CD CD ry. - Z - 00 o o oo 0. CA 0 > Co I LA Ix) ' , \ 1 0 CD CD n vq 0 o 'O 0 r'• cD v, CD 'tS n CD' �' CD -• a o' U n -C u. 2 a_ cp a. a. 2 we r+ o Z Q. cq w 1 N Cr O• pa Oa N0 0 0 N En `"� CDN R'`� Q O Pi R - J plicant. Carried 5-1. .71/11) By Councilmember Adopted APR - 8 2008 _ _ City Clerk, z WOff Apprae . " Mayor Mayor Atiraska tad' ''prqbliateire SENATOR GWEN HOWARD ICI. District 9 II 5512 Howard Street �':� COMMITTEES Omaha, Nebraska 68106 Education Legislative Address: Health and Human Services State Capitol PO Box 94604 Lincoln, Nebraska 68509-4604 (402)471-2723 Mtn fill 1111 1�- II 111 fir "` r ghoward@leg.ne.gov = March 25, 2008 `~ -_s In ems; City Clerk , r-- 3„ 1819 Farnam Street ,rx I"u Suite LC-1 ,:. 99 Omaha,NE 68183 11\3 17. CO Dear Sir: I am writing to request that you deny again the liquor license application for M&A Petroleum at 503 N. 33rd Street in Omaha and that this letter be part of the record. My constituents in the Gifford Park neighborhood have been working very hard over the past years to improve the quality of life in their neighborhood despite many difficult obstacles. There is already a concentration of off sale liquor licenses within this neighborhood. Adding additional liquor licenses does nothing to benefit the economic development of the neighborhood and in fact brings about more social and criminal problems. This store has already been hit by armed robbers. Serious concerns about the character of the new owners of this former Kum&Go were raised by neighbors at the previous City Council hearing on January 8th. It was disclosed at that hearing the new owners had been cited by at this location for selling alcohol to a minor and for selling alcohol without a license at another location during their first month of ownership. Since that heaing, there has been a conviction in the selling alcohol without a license case. I have serious concerns about granting a license to someone who has already shown a disregard for our laws. I have no assurance that similar actions will not occur in the future. As you may know,the Nebraska Liquor Control Commission has held under advisement the application by these same owners for a liquor license at 5188 Leavenworth Street and 1224 South 24th Street. At the hearing on these applications,the owner testified that after four months • of operation, he had no formal business plan and his security person had no formal security plan. Absolutely nothing has changed since your 7 to 0 vote denying this application in January. I ask that you once again to deny this application based on the applicant's unfit management ability and the lack of evidence that he has the ability or willingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper b 'o u tozi o .• p o 00 � C ( � o N ¢ ril o ono o C7 ,CD., o -• 0 `! n• o = o O wL11 (1) ' „ 4\ C i3 La '6 ° nt1 r. w $4 CSC° C V) � w p tawCD h aR . G April 2, 2008 i �� MIDTOWN : IT 2 neighborhood Councilman Jim Vokal CB R — n� Councilman Jim SuttleCouncilman Frank Brown L� LLI �E Councilman Garry Gemandt ` CI t Councilman Dan Welch H.Ea, `t_t 4,*'I` Bemis Park Councilman Franklin Thompson Councilman Chuck Sigerson Blackstone City of Omaha Council Members: Columbus Park The Midtown Neighborhood Alliance(MNA)board is writing this letter to state Dundee Memorial Park our opposition to the April 8,2008 Omaha City Council agenda of issuing package liquor licenses, upgraded licenses or any alcohol licenses for off-sale Field Club to the following locations. 2401 Leavenworth Street(M&A Petroleum) Ford Birthsite 1349 Park Avenue(B&A Petroleum) 503 North 33`d Street(M&A Petroleum) Gifford Park 2919 Lake Street(B&K Petroleum) • Leavenworth The Midtown Neighborhood Alliance represents 12 midtown neighborhood associations and is very aware and supportive of the need for economic Morton Meadows development in our Midtown Neighborhoods. However,we are just as aware of how important the health, safety and welfare of our neighborhoods are in the big picture of Midtown. North Gold Coast Issuing package liquor licenses, upgrading licenses or any form of off-sale Pacific Leavenworth licenses should not be viewed as a means towards economic development. Liquor licenses have never been"Economic Engines"for our neighborhoods. Park East Instead,they have become and still are"Economic Liabilities". The social, cultural, and financial consequence are too high for our midtown neighborhoods to accept. Far too many good things are beginning to happen in Midtown to throw them away for the convenience of obtaining alcohol. Until research shows that the increased access to alcohol and correlating increased per capita rate of consumption is not a detriment to the health, safety, and welfare of our neighborhoods, citizens and future economic development we as a board respectfully request that these liquor licenses be denied. Sincerely, Jim Farho President Midtown Neighborhood Alliance Midtown Neighborhood Alliance P.O.Boa 6721, Omaha,NE 68106 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. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper 1 a � o� o o til 00 . w p; N Q. CC a O n \\ CCA Po CDD 0" C --....t. d 0 O Q iCA O HCA . . O O CD CG '`: C" O 0 b tn C-1' c"' TT � C FEC [ IVED 08 4RR —7 np1 : ► 2 CITY C! 3- a April 3, 2008 Councilman Jim Vokal Councilman Jim Suttle Councilman Frank Brown Councilman Garry Gernandt Councilman Dan Welch Councilman Franklin Thompson Councilman Chuck Sigerson, Jr. Dear Members of the Omaha City Council: I have lived in the Gifford Park Neighborhood for 33 year, and as a home owner in this community I would like to go on record"again"as opposing the beer license for the former Kum & Go at 33rd and Chicago. I do not feel this establishment needs or deserves it, and our neighborhood sure doesn't need it. I believe the granting of a beer license to this establishment will(once again) contribute to the further deterioration of my neighborhood. Please remember- that this establishment has already been cited for selling alcohol to a minor. It is my hope that as a city council you will take into consideration the safety of the people who live here over the monetary interest of a business that has done nothing to contribute anything positive to our neighborhood and the people who live here. We will not give up or give in to the unethical tactics this establishment has used to by-pass our opposition. We hope that the Omaha City Council doesn't contribute to this ploy by approving their liquor license, because if you do, you will be, in this voter's eyes, a co-conspirator to the further demise of my community. Respectfully, Nemesio Caban 3321 Davenport Street Omaha,NE 68131 icenses have never been"Economic Engines"for our neighborhoods. Park East Instead,they have become and still are"Economic Liabilities". The social, cultural, and financial consequence are too high for our midtown neighborhoods to accept. Far too many good things are beginning to happen in Midtown to throw them away for the convenience of obtaining alcohol. Until research shows that the increased access to alcohol and correlating increased per capita rate of consumption is not a detriment to the health, safety, and welfare of our neighborhoods, citizens and future economic development we as a board respectfully request that these liquor licenses be denied. Sincerely, Jim Farho President Midtown Neighborhood Alliance Midtown Neighborhood Alliance P.O.Boa 6721, Omaha,NE 68106 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. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper • R E t. E i V Iti t j t_ I v L. J Community Bicyde '' C(� _7 1- Shop , Omaha 1, 525 North 33rd Street C i 7 C a l ;, Omaha,NE 68131 r � w � H rc x i � www.omahabike.org �' �� � April 4,2008 City of Omaha Council Jim Suttle Frank Brown Jim Vokal Garry Gernandt Dan Welch Franklin Thompson Chuck Sigerson,Jr. Subject:April 8 Council Meeting Agenda Item 14, One-Stop at 503 N.33rd St. CBSO again urges you to recognize the existence of a citizens'protest and deny M&A Petroleum Corp.'s application for an off sale beer license at the former Kum&Go,503 N.33rd St.Alcohol is bad for business and neighbors in inner-city communities with lots of children. In addition to this adequate reason, Mohammed failed to adequately complete the Applicant Information formwork, question#8.Carman Johnson has asked Jay Davis for the distance to a church.The district court has previously established this distance to be 139 feet(see attached decision).The court has previously established that House of Faith is a church. Community Bicycle Shop Omaha is still an enthusiastic group of community activists working to improve 33rd Street. We submit our previous letter for your consideration. Sincerely, ' Stuart Shell Programs Director Community Bicycle Shop Omaha Enclosures(2) pirator to the further demise of my community. Respectfully, Nemesio Caban 3321 Davenport Street Omaha,NE 68131 icenses have never been"Economic Engines"for our neighborhoods. Park East Instead,they have become and still are"Economic Liabilities". The social, cultural, and financial consequence are too high for our midtown neighborhoods to accept. Far too many good things are beginning to happen in Midtown to throw them away for the convenience of obtaining alcohol. Until research shows that the increased access to alcohol and correlating increased per capita rate of consumption is not a detriment to the health, safety, and welfare of our neighborhoods, citizens and future economic development we as a board respectfully request that these liquor licenses be denied. Sincerely, Jim Farho President Midtown Neighborhood Alliance Midtown Neighborhood Alliance P.O.Boa 6721, Omaha,NE 68106 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. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper • Internet Source: http://caselaw.Ip.findlaw.com/scripts/getcase.pl?court=ne&vol=sc/apr19/s01-305&invol=1 City of Omaha, a municipal corporation,appellee and cross-appellee, v. Kum & Go, L.L.C., doing business as Kum & Go#359,appellant, and Nebraska Liquor Control Commission, appellee and cross-appellant. City of Omaha v. Kum &Go, 263 Neb. 724 Filed April 19, 2002. No. S-01-305. 1. Administrative Law:Liquor Licenses: Appeal and Error.Appeals from orders or decisions of the Nebraska Liquor Control Commission are taken in accordance with the Administrative Procedure Act. 2. Administrative Law: Final Orders: Appeal and Error.Proceedings for review of a final decision of an administrative agency shall be to the district court,which shall conduct the review without a jury de novo on the record of the agency. 3. . A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated,or modified by an appellate court for errors appearing on the record. 4.Administrative Law:Judgments: Appeal and Error.When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record,the inquiry is whether the decision conforms to the law, is supported by competent evidence,and is neither arbitrary, capricious,nor unreasonable. 5. Administrative Law: Appeal and Error.In an appeal under the Administrative Procedure Act, an appellate court will not substitute its factual findings for those of the district court where competent evidence supports the district courtAs findings. 6. Administrative Law: Statutes: Appeal and Error.To the extent that the meaning and interpretation of statutes and regulations are involved,questions of law are presented, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. 7. Administrative Law: Liquor Licenses: Statutes: Intent.The Nebraska Liquor Control Commission is empowered to adopt and promulgate rules and regulations to carry out the Nebraska Liquor Control Act,Neb. Rev. Stat. §§ 53-101 to 53-1,122 (Reissue 1998,Cum. Supp. 2000& Supp.2001),including provisions covering any and all details which are necessary or convenient to the enforcement of the intent,purpose,and requirements of the act. Midtown Neighborhood Alliance P.O.Boa 6721, Omaha,NE 68106 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. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper 8. . The Nebraska Liquor Control Commission may not adopt rules and regulations that are in conflict with the Nebraska Liquor Control Act. The power to regulate must be exercised in conformity with all the provisions of the act and in harmony with its spirit and expressed legislative intent. 9. Administrative Law: Statutes.A legislative enactment may properly confer general powers upon an administrative agency and delegate to the agency the power to make rules and regulations concerning the details of the legislative purpose. 10. Administrative Law.Agency regulations,properly adopted and filed with the Secretary of State of Nebraska, have the effect of statutory law. 11. Administrative Law: Statutes. An administrative agency may not employ its rulemaking power to modify, alter, or enlarge provisions of a statute which it is charged with administering. 12. . In order to be valid, a rule or regulation must be consistent with the statute under which the rule or regulation is promulgated. 13. Statutes.In the absence of anything to the contrary,statutory language is to be given its plain and ordinary meaning. 14. Words and Phrases.The plain, ordinary, and popular meaning of the word AchurchA includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominately for the honor of God and religion, and a place where persons regularly assemble for worship. A building which is used predominately for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue,or a temple. 15. Administrative Law.In the absence of anything to the contrary, language contained in a rule or regulation is to be given its plain and ordinary meaning. 16. Administrative Law: Statutes.Although construction of a statute by a department charged with enforcing it is not controlling, considerable weight will be given to such a construction. 17. Statutes.A statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. 18. . In the absence of ambiguity, courts must give effect to statutes as they are written. 19. . If the language of a statute is clear,the words of such statute are the end of any judicial inquiry regarding its meaning. Appeal from the District Court for Lancaster County: Steven D. Burns,Judge. Affirmed. Michael J.Lehan, of Kelley &Lehan,P.C.,for appellant. ommon mission is to preserve the integrity of and advocate for a vibrant community which is sustainable,secure,diverse,historically rich and economically strong. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper Don Stenberg,Attorney General,Hobert B. Rupe, and,on brief, Laurie Smith Camp for appellee Nebraska Liquor Control Commission. Thomas O. Mumgaard,Deputy Omaha City Attorney, for appellee City of Omaha. Amy A. Miller for amicus curiae American Civil Liberties Union of Nebraska Foundation. Hendry,C.J.,Wright,Connolly, Gerrard, Stephan,McCormack, and Miller-Lerman,J.T. Gerrard,J. NATURE OF CASE Neb. Rev. Stat. § 53-177(1)(Cum. Supp. 2000)provides that no license shall be issued for the retail sale of liquor within 150 feet of any church.The issue presented in this appeal is whether the •House of Faith,• located in leased storefront quarters, is a•church• within the meaning of§ 53-177. PROCEDURAL BACKGROUND Kum& Go, L.L.C.,filed an application with the Nebraska Liquor Control Commission (Commission),on May 21, 1998, for a retail class B liquor license for Kum&Goes location at 503 North 33d Street in Omaha,Nebraska.The Omaha City Council voted, on June 30,to recommend denial of Kum& Go•s application.However,the Commission granted Kum & Go•s application on August 25. The City of Omaha brought a petition for judicial review in the district court.The district court concluded that the Kum & Go Iocation was 139 feet from the House of Faith, which the district court determined was a church within the meaning of§ 53- 177. Consequently,the district court reversed the decision of the Commission granting Kum & Go a liquor license. Kum& Go appealed to this court; in a memorandum opinion, we reversed the decision of the district court and remanded the cause to the district court with instructions to remand the case to the Commission. See City of Omaha v. Nebraska Liquor Control Comm., 259 Neb. xix(case No. S-99-452,May 17, 2000). We concluded that the Commission had erred in not applying its own rule defining a•church• for purposes of§ 53-177, and we instructed the district court to remand the case for a consideration of Kum&Go•s application under the appropriate rule. We specifically declined to comment on the validity of the rule. See City of Omaha, supra. After remand,on August 22, 2000,the Commission again granted Kum & Go a retail class B liquor license.The Commission determined that the House of Faith was not a•church• as defined by the Commission.The City of Omaha appealed to the district court pursuant to the Administrative Procedure Act.The district court determined, in an order filed on February 13, Steven D. Burns,Judge. Affirmed. Michael J.Lehan, of Kelley &Lehan,P.C.,for appellant. ommon mission is to preserve the integrity of and advocate for a vibrant community which is sustainable,secure,diverse,historically rich and economically strong. llingness to follow the law. Sincerely, Gwen Howard State Senator Printed with soy ink on recycled paper 2001,that the CommissionAs definition of•church• was arbitrary and that the House of Faith was a church under the plain meaning of the word.The district court vacated the order of the Commission granting Kum&Go a liquor license and reversed the decision of the Commission. Kum &Go appeals. FACTUAL BACKGROUND Mary L. Sherman testified before the Commission by affidavit,dated August 3, 1998, that she was an ordained Pentecostal minister and pastor of the House of Faith. Sherman averred that the House of Faith had a congregation of between 75 and 150 members and regularly accepted new members. Sherman averred that the House of Faith had been located at 502 North 33d Street, in Omaha, for over 9 years. Sherman testified that the House of Faith rented the building on North 33d Street and, prior to that time, had held services at the House of Faith Church at 3219 Q Street in Omaha. Sherman also testified that before the 1-louse of Faith moved into the building on North 33d Street,the building housed a Baptist church. Sherman testified that the House of Faith offered religious worship services each Sunday and Friday,prayer meetings each Monday, and choir practice each Saturday. Sherman stated that the House of Faith regularly held services at least four times per week that were open to any person wishing to attend. Sherman also stated that the use of the building was exclusively for worship or religious purposes. Sherman testified that the House of Faith had maintained a bank account, in the name of the House of Faith,for at least 12 years prior to ShermanAs testimony. Sherman stated,however, that because she did not draw a salary as pastor of the House of Faith,the House of Faith had not incorporated or applied for tax-exempt status under Nebraska law. Photographic evidence in the record shows that the House of Faith is located in a storefront property and has a large white cross prominently displayed on the door.A sign over the door identifies the building as occupied by the House of Faith, •Evangelist M. Sherman (Pastor),* and lists a schedule of services including Sunday school and church services, Monday Bible class, Tuesday prayer service,and a Friday night service.The evidence also reveals that the House of Faith is directly across the street from the Kum&Go location. A report from the city As planning department established that the Kum & Go location was 138 feet from the House of Faith building. Kum &Go adduced testimony before the Commission hearing officer from Gary Braaten, a district supervisor for Kum &Go.Braaten was the supervisor of the location at issue in this proceeding. Braaten testified that he was aware that the House of Faith was across the street from the Kum &Go location. Braaten stated that the management of the Kum & Go store had reported seeing about a dozen people going in and out of the House of Faith on Sunday mornings,but no other activity at the House of Faith. Kum &Go also presented evidence that the House of Faith was not listed in the Omaha telephone book or city directory. Kum &Go presented the affidavit of Michael Howard, superintendent of the office of permits and inspections of the City of Omaha, indicating that as of July 8, 1997,no certificate of occupancy had been issued that would permit the occupancy of the House of Faith property for religious assembly as required by city ordinances. A letter from the Douglas County assessors office indicated that there was no record that the House of Faith property was classified as a tax-exempt organization. ASSIGNMENTS OF ERROR Kum &Go assigns,consolidated,that the district court erred in finding that(1)the Commissions regulation was arbitrary and beyond its authority and (2)there was not sufficient evidence to support the Commissions findings using the plain meaning of the term •church.• On cross-appeal,the Commission also assigns that the district court erred in finding that the Commissions rule defining *church* for purposes of§ 53-177 was arbitrary and beyond the Conunission•s authority. STANDARD OF REVIEW [1-4] Appeals from orders or decisions of the Commission are taken in accordance with the Administrative Procedure Act. See Neb.Rev. Stat. § 53-1,116 (Cum. Supp. 2000). Proceedings for review of a final decision of an administrative agency shall be to the district court,which shall conduct the review without a jury de novo on the record of the agency. Urwiller v. Neth, ante p. 429,640 N.W.2d 417 (2002).A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record.Id. When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record,the inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary,capricious,nor unreasonable.Id. [5,6] In an appeal under the Administrative Procedure Act, an appellate court will not substitute its factual findings for those of the district court where competent evidence supports the district courts findings. See Miller v. Horton, 253 Neb. 1009, 574 N.W.2d 112(1998). To the extent, however,that the meaning and interpretation of statutes and regulations are involved, questions of law are presented, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below. See Schmidt v. State, 255 Neb. 551, 586 N.W.2d 148 (1998). ANALYSIS Validity of Regulation e House of Faith was across the street from the Kum &Go location. Braaten stated that the management of the Kum & Go store had reported seeing about a dozen people going in and out of the House of Faith on Sunday mornings,but no other activity at the House of Faith. Section 53-177(1)provides,in relevant part,that [n]o license shall be issued for the sale at retail of any alcoholic liquor within one hundred and fifty feet of any church. . . .A The Legislature has not defined the word AchurchA for these purposes. However,the Commission has adopted 237 Neb.Admin. Code, ch. 2, § 012.05 (rev. 1997),which provides that AA[c]hurch+ shall mean a building owned by a religious organization,used primarily for religious purposes, and having tax-exempt status under Neb. Rev. Stat., Sec. 77-202 (1)(c) (Cum. Supp. 1992).0 The Commission determined, pursuant to § 012.05,that the House of Faith was not a church within the meaning of§ 53-177(1). The district court, however, determined that the Commissions definition of Achurch,• set forth in § 012.05,was invalid because it was inconsistent with the plain meaning of§ 53-177(1). [7,8] The Commission is empowered to adopt and promulgate rules and regulations to carry out the Nebraska Liquor Control Act,Neb.Rev. Stat. §§ 53-101 to 53-1,122 (Reissue 1998, Cum. Supp. 2000 & Supp. 2001), including provisions covering any and all details which are necessary or convenient to the enforcement of the intent,purpose,and requirements of the act. See § 53-118. See, also, Terry Carpenter, Inc. v. Nebraska Liquor Control Corn., 175 Neb. 26, 120 N.W.2d 374 (1963);State ex rel. Nebraska Beer Wholesalers Assn. v. Young, 153 Neb. 395, 44 N.W.2d 806(1950). However,the Commission may not adopt rules and regulations that are in conflict with the act. Terry Carpenter, Inc., supra; Young, supra. The power to regulate must be exercised in conformity with all the provisions of the act and in harmony with its spirit and expressed legislative intent. Terry Carpenter, Inc., supra; Young, supra. [9-12] Generally, a legislative enactment may properly confer general powers upon an administrative agency and delegate to the agency the power to make rules and regulations concerning the details of the legislative purpose. Creighton St. Joseph Hosp. v. Tax Eq. &Rev. Comm., 260 Neb. 905, 620 N.W.2d 90(2000); County Cork v. Nebraska Liquor Control Comm., 250 Neb. 456, 550 N.W.2d 913 (1996). See, also, County of Dodge v. Department of Health, 218 Neb. 346, 355 N.W.2d 775 (1984)(Legislature can delegate power to make rules and regulations to implement policy of statute).Agency regulations, properly adopted and filed with the Secretary of State of Nebraska,have the effect of statutory law. City of Lincoln v. Central Platte NRD, ante p. 141,638 N.W.2d 839 (2002).However,an administrative agency may not employ its rulemaking power to modify,alter,or enlarge provisions of a statute which it is charged with administering. Clemens v. Harvey, 247 Neb. 77, 525 N.W.2d 185 (1994); County of Dodge, supra. See, also, Creighton St. Joseph Hosp., supra. In order to be valid,a rule or regulation must be consistent with the statute under which the rule or regulation is promulgated. State ex rel. Spire v. Stodola, 228 Neb. 107, 421 N.W.2d 436(1988); County of Dodge, supra. [13,14] Obviously,then,the Commission may not define Achurch• in a manner that is inconsistent with the plain meaning of the word. In the absence of anything to the Contrary, statutory language is to be given its plain and ordinary meaning. Ottaco, Inc. v. McHugh, ante p. 489,640 N.W.2d 662 (2002).This court has determined that the plain,ordinary, and popular meaning of the word Achurch• includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominately for the honor of God and religion, and a place where persons regularly assemble for worship. See Latenser v. Intercessors of the Lamb, Inc., 250 Neb. 789, 553 N.W.2d 458 (1996),citing Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956). A building which is used predominately for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue,or a temple. See Latenser, supra.In Calvary Baptist Church, supra,this court specifically defined *church,® essentially as set forth above, in the context of§ 53-177. The Commissions definition of•church,• however,differs substantially from the plain and ordinary meaning of the word. Most significantly, § 012.05 requires that a church be owned by a religious organization,both by the express terms of the regulation and because property must be owned by an educational,religious, charitable, or cemetery organization to be eligible for a property tax exemption pursuant to Neb. Rev. Stat. § 77-202(Cum. Supp. 2000),which is in relevant part identical to § 77-202(Cum. Supp. 1992). [15] Whether or not a building is a church, however,does not depend on the legal ownership of the building. The plain meaning of the word ®church* encompasses buildings in which persons regularly assemble for religious worship, regardless of whether the building is owned or rented by those persons. Section 012.05,however, plainly states that a *church* must be owned by a religious organization. In the absence of anything to the contrary, language contained in a rule or regulation is to be given its plain and ordinary meaning.Busch v. Omaha Pub. Sch. Dist., 261 Neb. 484, 623 N.W.2d 672(2001). The mandatory criteria for a church, set forth in § 012.05, are contrary to the plain meaning of the word as used in § 53-177 and may arbitrarily exclude from their definition a number of churches that are entitled to the protection of the statute. We also note that the criteria set forth by § 012.05 are in some ways more inclusive than the plain meaning of•church.• A parsonage, owned by a religious organization and furnished to a member of the clergy, and used primarily to promote the objects and purposes of a faith, is used exclusively for religious purposes and exempt from taxation. See, § 77-202 (Cum. Supp. 2000); Neb. Unit. Meth. Ch. v. Scotts Bluff Cty. Bd. of Equal.,243 Neb. 412, 499 N.W.2d 543 (1993). Arguably, a parsonage would then be a*church. as defined by § 012.05, despite the fact that a parsonage is not a church under the plain meaning of the word. [16-19] The Commission argues that its interpretation of the statute is reasonable and has the benefit of being objective and easy to apply. We have stated that although construction of a statute by a department charged with enforcing it is not controlling,considerable weight will be given to such a construction.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship Neb. 405, 617 N.W.2d 808 (2000).If the language of a statute is clear,the words of such statute are the end of any judicial inquiry regarding its meaning. First Data Corp. v. State, ante p. 344, 639 N.W.2d 898 (2002).Because the language of§ 53-177(1)is clear, see Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956),the statute is not susceptible to construction, regardless of whether the Commissions definition is easier to use. We also note that this courts exposition of the plain meaning of*church* in the context of§ 53-177, set forth over 45 years ago, has not evoked an amendment of the statute, and we presume that the Legislature has acquiesced to our declaration of the statutes meaning. See Creighton St. Joseph Hosp. v. Tax Eq. &Rev. Comm., 260 Neb. 905,620 N.W.2d 90(2000). In short,the Commissions definition of•church,• as set forth in § 012.05, is contrary to the plain meaning of the word *church* as used in § 53-177(1), and is thus invalid. While a buildings ownership by a religious organization, and incident tax exemption, is relevant evidence in inquiring whether a building is a church, ownership is not dispositive of the inquiry. The district court did not err in determining that § 012.05 was invalid as contrary to the plain language of§ 53-177,the statute under which the regulation was promulgated. Kum&GoAs first assignment of error and the Commissions assignment of error on cross-appeal are without merit. Application of Plain Meaning of Statute Having correctly found that the Commissions regulation was invalid,the district court proceeded,on its de novo review,to consider whether the House of Faith is a church under the plain meaning of§ 53-177(1). This is a factual determination, and the district courts factual findings will be affirmed where competent evidence supports those findings. See Miller v. Horton, 253 Neb, 1009, 574 N.W.2d 112 (1998). The record,as summarized above, clearly supports the district courts finding that the House of Faith is a church within the meaning of§ 53-177(1). While there was a conflict in the evidence regarding the size and frequency of religious services at the House of Faith,there was ample evidence from which the district court could have concluded that the House of Faith was a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship,a building used predominately for the honor of God and religion, and a place where persons regularly assemble for worship. See Latenser v. Intercessors of the Lamb, Inc., 250 Neb. 789, 553 N.W.2d 458 (1996). Kum&Go calls our attention to the fact that the House of Faith did not own the building at issue, did not have a property tax exemption, was not listed in Omaha telephone directories,and had not filed a certificate of occupancy with the City of Omaha. Even considering these facts, however, Sherman•s testimony regarding the religious services and other activities conducted tion.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship by the House of Faith is sufficient to support the district courtAs factual finding that the House of Faith is a church. The district courts judgment conforms to the law, is supported by competent evidence,and is neither arbitrary, capricious,nor unreasonable. Kum&Go•s second assignment of error is without merit. CONCLUSION The district court did not err in concluding that the CommissionAs definition of Achurch,. set forth in § 012.05, is contrary to the plain meaning of the word as used in § 53-177, and the district courtAs factual finding that the House of Faith is a church is supported by competent evidence. We therefore affirm the judgment of the district court which vacated the order of the Commission granting Kum&Go a liquor license and reversed the decision of the Commission. Affirmed Community Bicyde Shop Omaha 1, 525 North 33rd Street Omaha,NE s;•to c a. www.omahabike68131.org January 6,2008 Omaha City Council As a new non-profit on 33rd Street,CBSO is opposed to M&A Petroleum Corp.'s application for an off sale beer license at the former Kum&Go,503 N.33rd St.Our organization,a 501(c)3 within 250ft of the convenience store, has focused on building mentoring relationships with neighborhood youth.Many of these kids,who logged over 300 visits to our shop last year,pass shady characters on their way to buy candy at this store. The Board of Directors at CBSO as well as volunteers and guests at our bicycle repair shop have noticed and been affected by individuals gathering around the convenience store. Undesirable activities include public drunkenness, drug dealing,assaults,loitering,and littering.Having been in ownership of this location for over two months, Mohammed All has made no noticeable changes to dissuade this activity in and around his store. Based on the store's current clientele,the sale of beer at this store is not amenable to our mission: To Provide a Safe,Positive Environment for Learning the Basics of Bicycle Mechanics,Repairing and Distributing Bicycles, Building Community,and Promoting Cycling.We work hard to keep drunks like'Bumps'off our stoop and away from visitors at our shop.503 N.33rd is a place where he and other drunks are'at home.'While we are not categorically opposed to the sale of alcohol on 33rd Street,we have seen that this store profits from substance abuse. This store is located across from our neighborhood park,caddy-comer to a church,%block from our free bicycle repair shop,and 1 block from the Gifford Park youth garden.This is the perfect place for kids to buy ice cream in the summer—and they do.We just wish they didn't have to walk past the hooded figures lingering at the door. Because Ali has not demonstrated a commitment to remove undesirable characters from his store,we urge you to decline the application for a beer license. Sincerely, c Stuart Shell Programs Director Community Bicycle Shop Omaha d frequency of religious services at the House of Faith,there was ample evidence from which the district court could have concluded that the House of Faith was a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship,a building used predominately for the honor of God and religion, and a place where persons regularly assemble for worship. See Latenser v. Intercessors of the Lamb, Inc., 250 Neb. 789, 553 N.W.2d 458 (1996). Kum&Go calls our attention to the fact that the House of Faith did not own the building at issue, did not have a property tax exemption, was not listed in Omaha telephone directories,and had not filed a certificate of occupancy with the City of Omaha. Even considering these facts, however, Sherman•s testimony regarding the religious services and other activities conducted tion.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship • KaMi< Gifford Park Neighborhood Association • �r✓�r f P.O.Box 31462, Omaha, NE 68131 co April 8,2008 37. ca3=4 Councilman Jim Vokal -< Councilman Jim Suttle ' ri Councilman Frank Brown Councilman Garry Gernandt J Councilman Dan Welch Councilman Franklin Thompson Councilman Chuck Sigerson,Jr. The Gifford Park Neighborhood Association would like to go on record(again)as opposing the beer license application for the former Kum&Go at 33rd and Cass. The current owner has not demonstrated good business practices. The store clerk at 331-d&Cass was cited in December 2007 for selling alcohol to a minor during a police compliance check. This store was also robbed in late March. The owner also told us he would provide our neighborhood association with a"business plan"for our review,nothing of value has been provided to us. As can be revealed by records of police calls in this area,many types of illegal and anti-social behaviors occur on a frequent and ongoing basis in this area, including,but not limited to,public drunkenness, drinking in public(both at the 33rd and California intersection as well as in Gifford Park),drug dealing, indecent exposure,public urination, fights,assaults, shootings,prostitution, sexual assaults, littering,property destruction and obstruction of traffic. We have been working with the Omaha Police Department for many years to reduce such incidents,with marginal success. Almost certainly,alcohol is a factor in many of these types of problems. We also have numerous families living in the area that would be considered in the lower socioeconomic category, in which alcohol abuse or dependency is a frequent problem and contributor to other problems. There appears to be no good reason to expand the availability of alcohol in the area.Alcohol can be purchased at the K-N-J Grocery,California Bar and now Selena's Market,both within a few hundred feet of 33rd&Cass. While we sympathize with the plight of the store owner attempting to achieve economic success by expanding his business to sell alcohol,we do not feel such success should come at the cost of further deterioration in the neighborhood. In the past,we have attempted to attract development in the area,but the problems mentioned above have discouraged potential businesses. We have hopes that the Midtown.Crossing may stimulate economic development in the area of 33rd and California.Increased problems related to alcohol abuse are unlikely to encourage such development. In addition to reasons mentioned above,the current owner We res ectfully request that the proposal for this beer license be denied. Chris Foster Board Member,Gifford Park Neighborhood Association however, Sherman•s testimony regarding the religious services and other activities conducted tion.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship • Omaha City Council Members, In reference to the off sale beer license application for M &A Petroleum(Best) (Infinity Oil) (One Stop) [the former Kum& Go] located at 503 N.33`d St., I have consistently advocated that the area we live in does not now or in the future need or desire any additional sales of this nature. The Gifford Park Neighborhood Association has opposed any additional sales of this nature. Several times it has been presented that our area of town has had it's fair share of trouble relating to this type of sales. As a convenience store—O.K. Any additional sales of beer or liquor we do not need. The owner of the last several months has not made any improvements for the better since the last time you heard this license request. If anything,I see a lack of willingness for this location to make any effort to be a good neighbor. I still drive by and see known gang members hanging around the front of the store. More disturbingly, I have seen one or more of the clerks hanging out with them. Many times, the outside pay phone is used for hours at end by the same small group of people. I'm not going say they're up to no good, but I don't believe they are calling their mothers to see how they are doing. We have worked long and hard to improve this area. This includes but is not limited to neighborhood cleanups,the kids gardening program, Easter egg hunts annually, flower planting,neighborhood watch, tennis program,the new bike shop that enables children to earn a bike learning new skills and thru volunteer hours I don't even know what to call this "business"because there aren't even any signs that tell you that there is a business there. I ask that you vote as you did before in January to deny this license as nothing has changed for the better. It is worse. Robert R. Hutton, is a frequent problem and contributor to other problems. There appears to be no good reason to expand the availability of alcohol in the area.Alcohol can be purchased at the K-N-J Grocery,California Bar and now Selena's Market,both within a few hundred feet of 33rd&Cass. While we sympathize with the plight of the store owner attempting to achieve economic success by expanding his business to sell alcohol,we do not feel such success should come at the cost of further deterioration in the neighborhood. In the past,we have attempted to attract development in the area,but the problems mentioned above have discouraged potential businesses. We have hopes that the Midtown.Crossing may stimulate economic development in the area of 33rd and California.Increased problems related to alcohol abuse are unlikely to encourage such development. In addition to reasons mentioned above,the current owner We res ectfully request that the proposal for this beer license be denied. Chris Foster Board Member,Gifford Park Neighborhood Association however, Sherman•s testimony regarding the religious services and other activities conducted tion.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship April 3, 2008 Councilman Jim Vokal Councilman Jim Suttle Councilman Frank Brown Councilman Garry Gernandt Councilman Dan Welch Councilman Franklin Thompson Councilman Chuck Sigerson, Jr. Dear Members of the Omaha City Council: I have lived in the Gifford Park Neighborhood for 33 year, and as a home owner in this community I would like to go on record"again"as opposing the beer license for the former Kum & Go at 33rd and Chicago. I do not feel this establishment needs or deserves it, and our neighborhood sure doesn't need it. I believe the granting of a beer license to this establishment will (once again)contribute to the further deterioration of my neighborhood. Please remember that this establishment has already been cited for selling alcohol to a minor. It is my hope that as a city council you will take into consideration the safety of the people who live here over the monetary interest of a business that has done nothing to contribute anything positive to our neighborhood and the people who live here. We will not give up or give in to the unethical tactics this establishment has used to by-pass our opposition. We hope that the Omaha City Council doesn't contribute to this ploy by approving their liquor license,because if you do, you will be, in this voter's eyes, a co-conspirator to the further demise of my community. Respectfully, Nemesio Caban 3321 Davenport Street Omaha,NE 68131 hildren to earn a bike learning new skills and thru volunteer hours I don't even know what to call this "business"because there aren't even any signs that tell you that there is a business there. I ask that you vote as you did before in January to deny this license as nothing has changed for the better. It is worse. Robert R. Hutton, is a frequent problem and contributor to other problems. There appears to be no good reason to expand the availability of alcohol in the area.Alcohol can be purchased at the K-N-J Grocery,California Bar and now Selena's Market,both within a few hundred feet of 33rd&Cass. While we sympathize with the plight of the store owner attempting to achieve economic success by expanding his business to sell alcohol,we do not feel such success should come at the cost of further deterioration in the neighborhood. In the past,we have attempted to attract development in the area,but the problems mentioned above have discouraged potential businesses. We have hopes that the Midtown.Crossing may stimulate economic development in the area of 33rd and California.Increased problems related to alcohol abuse are unlikely to encourage such development. In addition to reasons mentioned above,the current owner We res ectfully request that the proposal for this beer license be denied. Chris Foster Board Member,Gifford Park Neighborhood Association however, Sherman•s testimony regarding the religious services and other activities conducted tion.Affiliated Foods Co-op v. State, 259 Neb. 549, 611 N.W.2d 105 (2000). However, a statute is open for construction to determine its meaning only when the language used requires interpretation or may reasonably be considered ambiguous. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000). In the absence of ambiguity, courts must give effect to statutes as they are written.American Employers Group v. Department of Labor, 260 g in which people assemble for the worship Honorable City Councilmen, April 04, 2008 I am here before you today to testify in regard to the"new" liquor license application at 503 N. 33`d St. While this application can be legally referred to as new, we came before you on January 08, 2008 and you denied this same application on a 5-2 decision. I live,work, and travel through the Gifford Park Neighborhood on a daily basis and I have lived in the neighborhood since 1966. I can recall in the 1970's and 1980's when only one business in the business district had a license to serve or sell alcohol. Now we have five businesses in a one-block stretch that have or are in the process of having this privilege. With each new outlet for alcohol,I have seen first-hand the negative impact this has had for me,my family,my friends and the community as a whole. I have personally witnessed many alcohol related problems in my neighborhood that you and I, as taxpayers,bear an enormous financial and personal cost to deal with. These problems increase police, fire, rescue and social services, decrease property values, leave us with the loss of"good neighbors" and create a general fear of safety and reduced quality of living. In the past 4 months since you denied this application I have not seen anything change for the better under the management of Mr. Ali. In fact I believe this store was robbed on March 19th due in part to Mr. Ali's inability to under stand the basic "broken window"theory as it relates to crime. There has been no signage on the building or poles for the last 4 months and this gives the store look of neglect. Unfortunately there is an abundance of alcohol signs covering the windows and displays of products blocking the view through to the parking lot. These 2 factors made this location a"target"for crime and may have contributed to that robbery last week. In addition I believe that this store may be in violation of NLCA chapter 6— 001.02. 001.02 that states that"Any sign advertising alcoholic beverages which is illuminated must be turned off during times when alcoholic beverages sales are prohibited by 53-179 or city ordinance, provided,that a retail licensee may use one interior illuminated sign as a"night light"in the rear of the premises. Whether open or closed for the night there is one or more neon signs left on all night at the front of the store. Finally, I want to bring to the council's attention the issue that an alcohol outlet can not be within 150 feet of a church. The House of Faith church located at 502 N. 33`d St. is across the street from Mr. Ali's business and within 150 feet of this store. Pastor Martin Watson and his congregation have been meeting regularly for worship for nineteen years at this location and have regular church services, choir practice and Sunday School on Sundays starting at 11 am. On Fridays a young women's group meets here and on Saturdays there is a youth choir rehearsal. The application before you now requests the licensing of the entirety of the building and a good portion of the building is within the 150' rule. Under NLCA statute 53- 177(1) the license by law should not be granted. Further,NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. I believe that you, as guardians of and for the people of Omaha,have a fiduciary duty to again deny this license,just as you did in January. Thank you for your time and careful consideration to this matter. Respectfully, Darryl Hutton Tim L gc7i r - P `1E" ► J So OF �Q elf Ls,�'D wi�N l (kpvs- OF f i-TIrl' T "17fIS c�-TT�t2 r S Honorable City Councilmen, ��vt -TWA 3 3 + ass SLI /4 • pPPost no/ ��-,�z►� „S jta-r no;v S Aio u'f--T H1 Due4,4G- �-F►s r e-sn nlaa Y�u S UUtz - og. /PY I am writing this letter in regard to the former Kum& Go (One Stop) (Infmite Oil) located at 503 N. 33111 St., Omaha,NE, 68131. > 1‘. I praise your decision of 5-2 in denying this license on January 08, 2008. I live, work, Cli-js F,s..T-. and travel through the Gifford Park Neighborhood on a daily basis. �l 7 I live at 3216 California Street, Omaha,NE 68131. I have lived in the neighborhood eW#2?u �, since 1966. I can recall in the 1970's and 1980's when only one business in the business district had a license to serve or sell alcohol. We currently have five businesses in a one-block stretch that have or are in the process of having this privilege. I wish I could say that I have never seen nor was victimized with any alcohol related issues back then,but that's not true. What I can say is that it was extremely rare and much more mild in scope. With each new outlet for alcohol, I have seen first-hand the negative impact this has had for myself,my family, my friends and the community as a whole. As a child, my friends and I would play in Gifford Park. I have no memories of playing soccer and using two individuals,passed out drunk, with beer or alcohol at their sides as a"goal net". To my dismay I witnessed this in the summer of 2007. I also do not recall myself or others being barraged with the slue of people begging for fifty cents or a dollar so that they can get their next bottle of alcohol or 40 ounce bottle of beer as I do today. • The people that offer their food stamp card to me for half-price so that they can buy their beer or alcohol in volume (cases or liter bottles) in order to get"more bang for their buck"are not social drinkers. They are drinkers in social crisis. You and I, as taxpayers, enable this to happen with enormous financial and personal costs. (increased police, fire, rescue and social services) (decreased property values, loss of"good neighbors", loss of sales due to a fear of shopping in"that area", a general fear of safety, reduced quality of living) • I have not seen anything change for the better under the management of Mr. Ali, his manager Oliver Remally or his security under Bill Petrihos' watch since you first voted to • deny this license in January of 2008. In addition to the sale of alcohol to a minor you were made aware of in January,this location was robbed on March 19, 2008 at approximately Midnight. I believe an abundance of signs and displays of products blocking the view through the clear glass contributed to and made this location a"target" for crime. As of today there is still no signage that even indicates that this is an open TO Gi ,,� ,'S , siness. Mr. Ali as well as Mr. Petrihos were educated as to the "broken window si ._theory" ,as it relates to crime, in March. It was pointed out then, when discussing another T. bbery at one of the other locations, that the blocked view may have contributed to that r.14 bbery. Yet no changes were made. This is something that should have been addressed iT.15 T.E --immediately in my opinion. T.#l---Y--.-- I received a phone call immediately following the robbery informing me that this store r STAFF d been robbed. I met with Mr. Ali, Mr. Remally(manager of his locations) and Mr. 'CLERK MST AGENMA 4 • Petrihos (Security) as the police and crime lab unit were investigating the robbery and offered myassistance tance to help identify the suspects. I pointed out that I could view or ask someone else to view the images from the video systems from three other businesses in the immediate area that have assisted with crime issues in the past. I provided two CD-R discs as well as my flash drive for them to make copies of their camera view or views if any. I gave them my personal assurance that none of these images would be brought up at the city council or LCC hearings. Mr. Petrhios mentioned that the robbery itself would be a matter of public record and he had no problem with that. I stressed that there was a limited amount of time to view and compare these images as these systems will lose information as it is looped over and re-records over the old information. I have called and spoken to Mr. Petrihos, Mr. Remally as well as the clerks in the store several times regarding this as well as to simply retrieve my flash drive back from. I have now verified that the images from the three businesses are now lost due to re- recording. The lack of willingness to try to solve this robbery may very well fuel the same robbers to strike again at Mr. Ali's or businesses in our area or Omaha in general. I thought I should mention that among the many issues that have arisen in recent months,the store at 33rd& Cass is currently in violation of NLCA chapter 6—001.02. 001.02 states that"Any sign advertising alcoholic beverages which is illuminated must be turned off during times when alcoholic beverages sales are prohibited by 53-179 or city ordinance,provided, that a retail licensee may use one interior illuminated sign as a "night light in the rear of the premises. Whether open or closed for the night there is one or more neon signs left on all night at the front of the store. The House of Faith church located at 502 N. 33rd St. is across the street from Mr. Ali's business. Pastor Martin Watson and his congregation have been meeting regularly for worship for nineteen years or better to my knowledge. Sundays at 11:00 A.M. they have Sr. choir practice then at 12:00 they have school service and at 1:00 P.M. they have worship service. Fridays at 8:00 P.M. is Holy Ghost night. Every other Friday is young women's group meeting. Saturdays at 12:30 is youth choir rehearsal. The issue of the 150 foot rule is not new to this location. The 8d'District Court of Nebraska determined previously in the case of"City of Omaha v. Kum& Go, 263 Neb.724 that the House of Faith church was in fact a church by law in regard to this issue. The case then went before the Nebraska State Supreme Court where they affirmed the decision of the District Court and reversed the decision of the NLCC to issue this license. The commission chose to ignore the laws and decisions of both Courts and issued the license nonetheless. This building was previously licensed for a portion of the building in the shape of an "L". This was done to circumvent the NLCA regarding distance of 150' from a church. In Cavalry Baptist Church v. Coonrad(1956)NE the definition for distance is cited as the measurement from the nearest two exterior walls of the structures (church versus licensee applicant). The application before you now requests the licensing of the entirety of the building. As a good portion of the building is within the 150' rule under NLCA statute 53-177(1) the license by law should not be granted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 On the application before you it asks the applicant if the premises to be licensed are within 150' of a church. The applicant has indicated by a check mark that it is not. This is not true. Whether the 150' rule applies is not the question. As per NLCA 53-131.01(2) "If any false statement is made in any part of such application,the applicant or applicants shall be deemed guilty of perjury, and upon conviction thereof the license shall be revoked and the applicant subjected to the penalties provided for that crime." The Nebraska Liquor Control Act statute 53-122 (2)(a)(b)(c)(d) as well as 53-122 (3)(b)(d)(e)(g)(i)(j)requirements are in part or total, in my opinion,not being met by Mr.Ali and should be more than enough reason for the Council to deny this license. NLCA statute 53-101.05 states that it shall be construed liberally that the health, safety, and welfare of the people of the State of Nebraska are protected and temperance in the consumption of alcoholic liquor is fostered and promoted by sound and careful control and regulation of the manufacture, sale, and distribution of alcoholic liquor. I believe that you, as guardians of and for the people of Omaha, have a fiduciary duty to deny this license, as you did in January. I beg of you to make a recommendation of denial for this license and help a struggling neighborhood that clearly has no required need by the present or future public necessity for said license. I.would like to thank you for your time and careful consideration to this matter. • Respectfully, Darryl Hutton, c beverages sales are prohibited by 53-179 or city ordinance,provided, that a retail licensee may use one interior illuminated sign as a "night light in the rear of the premises. Whether open or closed for the night there is one or more neon signs left on all night at the front of the store. The House of Faith church located at 502 N. 33rd St. is across the street from Mr. Ali's business. Pastor Martin Watson and his congregation have been meeting regularly for worship for nineteen years or better to my knowledge. Sundays at 11:00 A.M. they have Sr. choir practice then at 12:00 they have school service and at 1:00 P.M. they have worship service. Fridays at 8:00 P.M. is Holy Ghost night. Every other Friday is young women's group meeting. Saturdays at 12:30 is youth choir rehearsal. The issue of the 150 foot rule is not new to this location. The 8d'District Court of Nebraska determined previously in the case of"City of Omaha v. Kum& Go, 263 Neb.724 that the House of Faith church was in fact a church by law in regard to this issue. The case then went before the Nebraska State Supreme Court where they affirmed the decision of the District Court and reversed the decision of the NLCC to issue this license. The commission chose to ignore the laws and decisions of both Courts and issued the license nonetheless. This building was previously licensed for a portion of the building in the shape of an "L". This was done to circumvent the NLCA regarding distance of 150' from a church. In Cavalry Baptist Church v. Coonrad(1956)NE the definition for distance is cited as the measurement from the nearest two exterior walls of the structures (church versus licensee applicant). The application before you now requests the licensing of the entirety of the building. As a good portion of the building is within the 150' rule under NLCA statute 53-177(1) the license by law should not be granted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 kRECEIVEU .,,,-... - • • f • .• JUL -g1001 • ,M1y`• ` d C , E' CONTRRAsOL. � . f}lI I y // t. I • • . J• -.)/ 7n� /YT yl fir: :._1 • • }_' � { 'l r ( `',YI C.', r y _ t • . I .. I • .,:..' 47.,.....,:,,!..,,,3,...,.,.-.:,:..,..,,,.,.......:,..;:,..--....,,,,,...........L.....,:t-, . ... -,:‘,7,..,:.4....,..:F;•-:,. , 3n oR;71oA1rt, be1-lCJeTJ r a f.� L�e'�.''a:`i��'tr.9.r,...o-i�;�SaLY�k�t.`��u'� =��.s'M�`.�.w�u�EJ.w.,ac....:c.1 n�r..�Lm.�..:fa ,4:�.,<,..... ..r...,M-Yk'-S�k<f,l.�':.r.�:t�1:u.�✓NZr.Yt7�v:t�:xw.,w, ,.. .s..,.ix., _; ..Y.,�"�.....,f t:.'}i«., ti� +..�.:....G...Lt,,.t s�.� ;.:t n...�"t�_�.,.a_.uFF*X;ats9.+ •,n alcoholic liquor. I believe that you, as guardians of and for the people of Omaha, have a fiduciary duty to deny this license, as you did in January. I beg of you to make a recommendation of denial for this license and help a struggling neighborhood that clearly has no required need by the present or future public necessity for said license. I.would like to thank you for your time and careful consideration to this matter. • Respectfully, Darryl Hutton, c beverages sales are prohibited by 53-179 or city ordinance,provided, that a retail licensee may use one interior illuminated sign as a "night light in the rear of the premises. Whether open or closed for the night there is one or more neon signs left on all night at the front of the store. The House of Faith church located at 502 N. 33rd St. is across the street from Mr. Ali's business. Pastor Martin Watson and his congregation have been meeting regularly for worship for nineteen years or better to my knowledge. Sundays at 11:00 A.M. they have Sr. choir practice then at 12:00 they have school service and at 1:00 P.M. they have worship service. Fridays at 8:00 P.M. is Holy Ghost night. Every other Friday is young women's group meeting. Saturdays at 12:30 is youth choir rehearsal. The issue of the 150 foot rule is not new to this location. The 8d'District Court of Nebraska determined previously in the case of"City of Omaha v. Kum& Go, 263 Neb.724 that the House of Faith church was in fact a church by law in regard to this issue. The case then went before the Nebraska State Supreme Court where they affirmed the decision of the District Court and reversed the decision of the NLCC to issue this license. The commission chose to ignore the laws and decisions of both Courts and issued the license nonetheless. This building was previously licensed for a portion of the building in the shape of an "L". This was done to circumvent the NLCA regarding distance of 150' from a church. In Cavalry Baptist Church v. Coonrad(1956)NE the definition for distance is cited as the measurement from the nearest two exterior walls of the structures (church versus licensee applicant). The application before you now requests the licensing of the entirety of the building. As a good portion of the building is within the 150' rule under NLCA statute 53-177(1) the license by law should not be granted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 Page l of l • Section 53-131.01 Print Friendly Copy Revised Statutes Chapte License; application; form; contents; criminal history record check; verification; false statement; penalty. (1) The application for a new license shall be submitted upon such forms as the commission may prescribe. Such forms shall contain (a) the name and residence of the applicant and how long he or she has resided within the State of Nebraska, (b) the particular premises for which a license is desired designating the same by street and number if practicable or, if not, by such other description as definitely locates the premises, (c) the name of the owner of the premises upon which the business licensed is to be carried on, (d) a statement that the applicant is a citizen of the United States, that the applicant and the spouse of the applicant are not less than twenty- one years of age, and that such applicant has never been convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a manager for a corporation applying for a license shall qualify with all provisions of this subdivision as though the manager were the applicant, except that the provisions of this subdivision shall not apply to the spouse of a manager-applicant, (e) a statement that the applicant intends to carry on the business authorized by the license for himself or herself and not as the agent of any other persons and that if licensed he or she will carry on such business for himself or herself and not as the agent for any other person, (f) a statement that the applicant intends to superintend in person the management of the business licensed and that if so licensed he or she will superintend in person the management of the business, and (g) such other information as the commission may from time to time direct. The applicant shall also submit two legible sets of fingerprints to be furnished to the Federal Bureau of Investigation through the Nebraska State Patrol for a national criminal history record check and the fee for such record check payable to the patrol. (2)The application shall be verified by the affidavit of the petitioner made before a notary public or other person duly authorized by law to administer oaths. If any false statement is made in any part of such application, the applicant or applicants shall be deemed guilty of perjury, and upon conviction thereof the license shall be revoked and the applicant subjected to the penalties provided by law for that crime. Source: Laws 1935, c. 116, § 99, p. 427; • C.S.Supp.,1941, § 53-399; R.S.1943, § 53-142; Laws 1959, c. 249, § 13, p. 872; Laws 1979, LB 224, § 4; Laws 1980, LB 848, § 9; Laws 1991, LB 344, § 35; http://uniweb.legislature.ne.gov/QS/laws.php?mode=view_sta&sta=s5301031001 4/3/2008 of 150' from a church. In Cavalry Baptist Church v. Coonrad(1956)NE the definition for distance is cited as the measurement from the nearest two exterior walls of the structures (church versus licensee applicant). The application before you now requests the licensing of the entirety of the building. As a good portion of the building is within the 150' rule under NLCA statute 53-177(1) the license by law should not be granted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 — , 1 ' HOUSE d* • 1 or ,,, 1 FAITH of � Evangelistic Center 502 North 33 ST. Mary Sherman 'Pa5+.r�� 1 IN. Watson Asst •Sun.1LII Sr. Ch.;r r.heaciah7 j 7 12:11 School Service , r 1Nworship Service ¢IT:W.4TueS ►m •ihi`c"��y i •`•� Firaycr mc.ctin, 3 'f i, yI Fri.s00 HllyGhost - C. IkAift ,� Night 3. . Every other Fri. - - 76A.young wornens - group meeting Sat. 1231 Youth II - ,, choir rehearsal lb is ' 1 ,r 4 1 .- _________. !, 1 .,.. .w, „II . ,i, it 7 ifr-i . 1 Page 1 of 1 • Brown, Buster(CCIk) From: Jan Quinley[namajan@cox.net] Sent:_ Monday,April 07,2008 11:08 PM To: Sigerson, Chuck(CCou);Welch, Dan (CCou); Brown, Frank(CCou);Thompson, Franklin (CCou); Gernandt, Garry(CCou); Suttle,James(CCou);Vokal, Jim(CCou) Cc: Brown, Buster(CCIk) Subject:April 8 Public Hearing Comment April 7,2008 Gentlemen: I am sending this communication because health issues will prohibit my attendance at the April 8,2008 Public Hearing on the renewed applications by Mr. Mohammed Ali for liquor licenses at four locations,agenda item numbers 11, 12, 13,& 14. I want to assure you that I continue to oppose the issuance of these licenses. I believe that the applicant continues to show an inability to conduct his business in a manner that shows him to be fit,willing and able to comply with the state regulations in regard to selling alcohol in his stores. The facts that were brought to you during the public hearing for his first application have not changed. He has not demonstrated that he is any more aware of the regulations for doing business in Nebraska than he was during that original application period. You will be provided with information by several people stating specific instances that demonstrate that lack of forward motion on his part. Mr.Ali,and his council,will tell you that they have reached out to the neighborhood associations near his stores. I want to assure you that all contact with Mr. Ali ceased when his initial application was denied. It did not resume until,at the urging of certain council members,this past week. My observation has been that his commitment to making the improvements and changes are directly related to the public hearing process. This pattern has done nothing to reassure the neighbors that he intends to continue with any of the changes he has agreed to. We were approached with a proposed agreement that is at most a basic business plan. It lists items that should be considered as the normal practice of any successful business. There is nothing in the plan that would be considered extraordinary,other than participation in the neighborhood associations. Surely with his past experience with violations of liquor law his focus should be on employee training and proper management,not trash in the parking lot. While we appreciate the efforts he is will to put forth on keeping a clean lot we believe that there are other issues that should be of greater concern to him. Items like employment background checks and increased security. Between hearings he decreased the hours he had security present and still has not trained nor screened his employees. He willingly admits that several of the employees he retained from the former owners are problems for him. I ask that you seriously consider the information that will be present to you at the public hearing. While it may be easy to say that"this is how we have always transferred liquor licenses"I ask that you focus on this individual application and apply the law that requires each applicant to qualify for the right to be granted a license. It is not a guarantee;it is a specifically earned privilege. I urge that you require this applicant to show by his actions that he is fit to hold this privilege and deny the current application until he does so. Respectfully, Jan Quinley,Vice President Ford Birthsite Neighborhood Association 4/8/2008 ted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 Dana Freeman 3435 Webster Street Omaha,NE 68131 April 2,2008 Buster Brown City Clerk 1819 Famam Street Suite LC-1 Omaha,NE 68183 Dear City Councilmen Sutde,Brown,Vokal,Gernandt,Welch,Thompson,and Sigerson: I am writing to express my concern about the reintroduction of M&A Petroleum Corporation's application for a license to sell beer at multiple store locations,especially 503 N. 33rd Street.I understand that the resolution is being considered to allow the new owners and management an opportunity to achieve economic success,but to do so would be at the detriment of children who deserve a good neighborhood in which to live,learn,and play.Therefore,I oppose their application for alcohol licensure on behalf of the Gifford Park Youth Garden. While my initial reaction is to draw attention to the density of 4 existing alcohol outlets in a one block stretch of 33rd Street,I understand the Council can rule only on the character and business practices of the new owner.Members of the Council need only visit this location to witness the poor store conditions,disruptive clientele,and general negative impact on the area. Consider: The Gifford Park Community Garden is only one block away from a One Stop store.More than 40 neighborhood children are registered and weekly participants in a free summer-long gardening program that teaches them about growing more than just plants. Our community garden is a safe and positive environment complete with Saturday morning volunteers who focus on building mentoring relationships with the children.Would you want a beer outlet that has already violated Nebraska law by selling to a minor so near positive,established neighborhood activities? Nearly all of our children walk to the program and should not be assailed by the drug dealing,public drunkenness,loitering,and littering that takes place at 503 N. 33rd Street. Not only should the streets and parking lot be safe for the children and volunteers but the store inside as well.It is well known that Gifford Park is in desperate need of a nearby clean and reasonably priced small grocery store,a business sure to bring a different set of customers and plenty of revenue. Judge Mr.Ali on his poor store management at 503 N.33rd Street.Take into account the negative affects beer has had repeatedly on the children and neighbors of Gifford Park. Oppose his request for a license to sell beer and urge him to modify his business plan. Sincerely, DovheAF\RAvs--- Dana Freeman Youth.Director Gifford Park Community Garden es that should be of greater concern to him. Items like employment background checks and increased security. Between hearings he decreased the hours he had security present and still has not trained nor screened his employees. He willingly admits that several of the employees he retained from the former owners are problems for him. I ask that you seriously consider the information that will be present to you at the public hearing. While it may be easy to say that"this is how we have always transferred liquor licenses"I ask that you focus on this individual application and apply the law that requires each applicant to qualify for the right to be granted a license. It is not a guarantee;it is a specifically earned privilege. I urge that you require this applicant to show by his actions that he is fit to hold this privilege and deny the current application until he does so. Respectfully, Jan Quinley,Vice President Ford Birthsite Neighborhood Association 4/8/2008 ted. NLCA 53-129 states that no such addition or deletion shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission... As this has not happened,the license application as a whole must be denied. LERK MST AGENMA 4 Omaha City Council Members, I am writing you this letter to ask that you deny the liquor licenses for the former Kum&Go at 503 North 33rd Street. Our company has been investing and working in the Gifford Park business district area for the past 4 years. We started our company by purchasing an abandoned apartment building. Using our own money and many long weekends, evenings and vacations,we brought this building back to use. It hasn't been until this past fall that our apartment building finally became fully occupied. It has been a struggle to get it to full occupancy due to the real issues in the neighborhood. As we have spent time in the area,we have been witness to many acts of crime,violence, and just plain disregard for public decency. We have spent numerous weekends and late nights acting as our own security force protecting our buildings and tenants from the problems that plague our business district. We have no doubt that the common denominator to the areas problems is alcohol. Alcohol in the form of bottled hard alcohol, single can and multi-pack beer, and 32 oz malt liquor bottles in the notorious brown bag in combination with poor point of sale judgment and chronic disregard of the neighborhood has crippled the area. We have had a female tenant sexually assaulted during the day only steps from her front door by a drunk who saw her walk home from class. We had another female student followed to her car behind the building during the day by a drunk. Both times, witnesses who came to the assistance of the victims stated the assailants were intoxicated. In the end, regrettably,both of these extremely good tenants and students moved out within a month. Other instances include having friends of tenants being assaulted in the Kum&Go parking lot by drunks, drug dealers and addicts. The past 2 summers we have raised money,purchased,planted and maintained 8 large 3-foot flower pots around the Gifford Park Business District. The first year that we planted the large flower pots,not more than six hours after completing our work, a drunk destroyed 2 of them,tipped over a couple others,and pulled plants out of others. In all, it cost us over$1000 to re-plant and repair the damage. This same person then continued on his drunken rampage through the business district smashing windows in 3 businesses before being apprehended by the police. We have seen patrons of existing liquor establishments, drive down the sidewalks as though they were streets, drive down the wrong side of the street into traffic, and run red lights. We have seen drunks after not being able to buy a drink at the California Bar walk to an off-sale business and purchase alcohol. After sharing with you just some of our experiences, I have to ask a question. Is this what liquor licenses are supposed to do for neighborhoods and is this the city's idea of economic development? Public urination, public drinking, litter,pan handling for cash to purchase alcohol, and drunken fights seems like nothing to us anymore but for people who visit our business district it is something. Visitors,parents, students and neighborhood residents remember these issues when it comes time to patronize a business,rent an apartment, or recommend a neighborhood to their friends. Our company has been and continues to work hard to improve the Gifford Park Business District through our financial investments,hard work,time, and volunteerism. There are many positive things starting to happen in our business district and surrounding neighborhood. To grant another liquor license in our business district would be a disastrous and reckless action. I, as a representative of Gifford Park LLC, ask that this license be denied. t , Rob Ja ousek Managing Member Gifford Park LLC AGENMA 4 April 8, 2008 Buster Brown City Clerk Suite LC-1 1819 Farnam St Omaha NE 68183 RE: 9 One Stop Convenience Stores(33'd and Cass Sts.) Dear Councilmen Suttle, Brown, Vokal, Gernandt, Welch, Thompson and Sigerson, On behalf of the Board of Directors of the American Community Gardening Association (ACGA), its members,and staff,I would like to encourage you to think seriously about not supporting the liquor license application of One Stop Convenience Store at the corners of 33ra and Cass. This store is in very close proximity to the Gifford Park Community Garden, a community garden in your city. It is estimated that there are more than 20,000 community gardens in existence throughout the United States and Canada and Gifford Community Garden is one of a growing movement of gardens working to improve its local food economy,the health and welfare of residents in its community, and the greening of your city. Being so close to a community garden where youth and children work together in harmony,this license if it should be granted would pose a danger to the children and negatively impact the neighborhood. The goals of the garden are to provide safe and healthy food in a safe environment. A store selling liquor so close would have negative effects on the garden. The American Community Gardening Association(ACGA) is a bi-national nonprofit membership organization of professionals,volunteers and supporters of community greening in urban and rural communities. ACGA has been in existence for more than twenty-five years and represents thousands of community gardens. Members of ACGA believe that community gardening improves the quality of life for people by providing a catalyst for neighborhood and community development, stimulating social interaction,encouraging self-reliance,beautifying neighborhoods, producing nutritious food, reducing family food budgets, conserving resources and creating opportunities for recreation,exercise,therapy and education. We educate community gardeners by forming a conduit through which information flows about technical and organizational aspects of community gardening. And we advocate on our members' behalf with national,regional, and local entities to expand and enhance community gardens and community greening. ACGA is a leader in community gardening and greening in Canada and the US. Please seriously consider this application keeping in mind the good work and safe place that the Gifford Park Community Garden provides Sincerely, James Kuhns President American Community Gardening Association able to buy a drink at the California Bar walk to an off-sale business and purchase alcohol. After sharing with you just some of our experiences, I have to ask a question. Is this what liquor licenses are supposed to do for neighborhoods and is this the city's idea of economic development? Public urination, public drinking, litter,pan handling for cash to purchase alcohol, and drunken fights seems like nothing to us anymore but for people who visit our business district it is something. Visitors,parents, students and neighborhood residents remember these issues when it comes time to patronize a business,rent an apartment, or recommend a neighborhood to their friends. Our company has been and continues to work hard to improve the Gifford Park Business District through our financial investments,hard work,time, and volunteerism. There are many positive things starting to happen in our business district and surrounding neighborhood. To grant another liquor license in our business district would be a disastrous and reckless action. I, as a representative of Gifford Park LLC, ask that this license be denied. t , Rob Ja ousek Managing Member Gifford Park LLC AGENMA 4 Cr] s. \ ril o < / # § k 7 q C § \ q \ ] \• \ 2 2 n . § c) /. � ,...,& --- oft\ 7 q ? ' ƒ� ® _ u �' q q n n ¢ • 2 p G r : / § . . ? 4C r 3. . Every other Fri. - - 76A.young wornens - group meeting Sat. 1231 Youth II - ,, choir rehearsal lb is ' 1 ,r 4 1 .- _________. !, 1 .,.. .w, „II . ,i, it 7 ifr-i . 1 1 ‘ 3 % • Cn -1 �. N M N -1 Q) N j W Q) • C - - 0 W O N N - M J 0 a d cD N z 1 N A co m A c;D • cD m u COCDcn z f CDD 0 Q < 4 OCD < 3 c DM m = m- mmr« . CDCO O CU) Cam) • O j 1 (A c CD (A D N U 0 mmkK (nmmm o • 2020QoQoQo..) P02020 3 •DDDDD2 � � x cD a "' D . . •�- M m m F < 5 -co -69 -69d9 -EAry4cnk/4 -e» tE9 < n N o 3 N _ 1 N N -.. 1 1 _a = D c t�nn 0 t0 0 �D W cD N W W 1 cNn N to -ems o Oo 01 O 01 aD N 1 �I y N O 0 0 0 0 0.0 0 0 0 ry) Y ' O • 000000000 - 0 V O • y O O O O,O O O O O O - r _ .\ 0 000000000 Vll i�C�V 0, t� ro �rfl�-6q r� t ka cfl Cm CS _ _ 3 so �i-- 4 �, C) En G • r h1 (a 'co1 Cn 0 ,01 N C) O) V ID O 0000 it; CTt 00000 m M • - cn 1 0 o O o o o o o 0 o = 0 0 0 000000000 a 0 0 0 0 00000 .0000 = cD • I 0 0 0 . 0 0 0 0 0 0 0 0 0 b b b 0 0 0 o 0 0 0 0 0 .< o 0 0 000000000 /� • m� 1 �1 �1 1 1 A 1•...A. o ' v ` • N N N N N N N N N = n �D r n - - - - - -. M 3 y r . . . . . �1 1 1.�i N N N N N N N N N 3CD fD 000000000 fD Q. 000000000 0. � • v v v v v v W -4 v n K • • 69 fft fl ft ft fi9 b9 <a ka -en < - N 0t 3- • Ui CD 0 -+ W N --� - 1 G m -4 U) O U) O -4 V -I 0 0 0 N1 000001010100 DO O 0 0 0 0 0 0 0 0 0 cam 0 000000000 0 - 0 000000000 C) • . ' b 0 0 0 0 0 0 0 0 0- lD O 000000000 0 N N N N N N N N Cb O O W W O O O * = lD CA • N N N N N N N N N M0) • 000000000 0 000000000 cD - �I v v v 4 v v J Q• , I have to ask a question. Is this what liquor licenses are supposed to do for neighborhoods and is this the city's idea of economic development? Public urination, public drinking, litter,pan handling for cash to purchase alcohol, and drunken fights seems like nothing to us anymore but for people who visit our business district it is something. Visitors,parents, students and neighborhood residents remember these issues when it comes time to patronize a business,rent an apartment, or recommend a neighborhood to their friends. Our company has been and continues to work hard to improve the Gifford Park Business District through our financial investments,hard work,time, and volunteerism. There are many positive things starting to happen in our business district and surrounding neighborhood. To grant another liquor license in our business district would be a disastrous and reckless action. I, as a representative of Gifford Park LLC, ask that this license be denied. t , Rob Ja ousek Managing Member Gifford Park LLC AGENMA 4 J I . G-3 ES CEM A) EA EA r fl O 0 O O 0 SA 0 V O 0 0 0 0 0 0 0 0 0 0 O 0 O 6a 0 0 0 0 0 0 0 0 O 0 0 0 O --- 0 0 0 O 0 o o { I 1 I I a . I. I 0 I tu I c i 1 f' C E I j a ET I iCD GI 1 I i o u) I I CD la @ 3 RO CZ .11 CD I oI� I� I I COf jI CO o 71 j I 1 A , C I v c o 0 to o r I Fa 0 O co s C) En G • r h1 (a 'co1 Cn 0 ,01 N C) O) V ID O 0000 it; CTt 00000 m M • - cn 1 0 o O o o o o o 0 o = 0 0 0 000000000 a 0 0 0 0 00000 .0000 = cD • I 0 0 0 . 0 0 0 0 0 0 0 0 0 b b b 0 0 0 o 0 0 0 0 0 .< o 0 0 000000000 /� • m� 1 �1 �1 1 1 A 1•...A. o ' v ` • N N N N N N N N N = n �D r n - - - - - -. M 3 y r . . . . . �1 1 1.�i N N N N N N N N N 3CD fD 000000000 fD Q. 000000000 0. � • v v v v v v W -4 v n K • • 69 fft fl ft ft fi9 b9 <a ka -en < - N 0t 3- • Ui CD 0 -+ W N --� - 1 G m -4 U) O U) O -4 V -I 0 0 0 N1 000001010100 DO O 0 0 0 0 0 0 0 0 0 cam 0 000000000 0 - 0 000000000 C) • . ' b 0 0 0 0 0 0 0 0 0- lD O 000000000 0 N N N N N N N N Cb O O W W O O O * = lD CA • N N N N N N N N N M0) • 000000000 0 000000000 cD - �I v v v 4 v v J Q• , I have to ask a question. Is this what liquor licenses are supposed to do for neighborhoods and is this the city's idea of economic development? Public urination, public drinking, litter,pan handling for cash to purchase alcohol, and drunken fights seems like nothing to us anymore but for people who visit our business district it is something. Visitors,parents, students and neighborhood residents remember these issues when it comes time to patronize a business,rent an apartment, or recommend a neighborhood to their friends. Our company has been and continues to work hard to improve the Gifford Park Business District through our financial investments,hard work,time, and volunteerism. There are many positive things starting to happen in our business district and surrounding neighborhood. To grant another liquor license in our business district would be a disastrous and reckless action. I, as a representative of Gifford Park LLC, ask that this license be denied. t , Rob Ja ousek Managing Member Gifford Park LLC AGENMA 4 En64 6 0 0 CS 0. C 0 o o o . o 03 ® 0 C a o c c� 0 0 0 0 a CT 0 © 0 0 0 0 0 iI { I f i I i o 4' . a I , I as h, , 1 I I , e • ® f i j i } �'4'4t 4 1 1 I 0 i • i t 4.4 C y yercr n • x6 4 .- y�r k .& Lv." , r j I rR b` as• zf {xx ru}f n 5h , )rl n f' CO 04 S EV r� .1` i '''x a �. r,* P :1 mom- c :-/, -,. : { ( i • i Q; Cr �i",-.. a.+ -.r Y t s%�r.- tea. j�F Pl i' .kt r i H2 w{ L Y ,.4 , ;;ss '4 i C 1 '- t e 1. i� v r 44 r5 yhy . .ar f''t.', i - FRv�6C4N?� iY,'' .x,t,j� ��, �yi}� `a?Z� �.� y. 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' b 0 0 0 0 0 0 0 0 0- lD O 000000000 0 N N N N N N N N Cb O O W W O O O * = lD CA • N N N N N N N N N M0) • 000000000 0 000000000 cD - �I v v v 4 v v J Q• , I have to ask a question. Is this what liquor licenses are supposed to do for neighborhoods and is this the city's idea of economic development? Public urination, public drinking, litter,pan handling for cash to purchase alcohol, and drunken fights seems like nothing to us anymore but for people who visit our business district it is something. Visitors,parents, students and neighborhood residents remember these issues when it comes time to patronize a business,rent an apartment, or recommend a neighborhood to their friends. Our company has been and continues to work hard to improve the Gifford Park Business District through our financial investments,hard work,time, and volunteerism. There are many positive things starting to happen in our business district and surrounding neighborhood. 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CO Ca L a Y . a • • t OMAHA POLICE DEPARTMENT ' s 3,iretot, 911 CALLS FOR SE RVICE enru` TOP 10 CALLS BY TYPE 1/2 MILE RADIUS - 3301 CALIFORNIA STREET 44 ° 01 JAN 07 - 06 OCT 07 CALL TYPE #CALLS DISTURBANCE 779 ASSAULT:REPORT COLD 308 SUSP ACT/PERSONNEH 306 DOMESTIC VIOLENCE CALL 230 CHECK WELL BEING 225 E911 HANG-UP CALL 164 LOUD NOISE COMPLAINT 157 MENTAL ILLNESS TRANSPORT 156 PROP DAMAGE ACCIDENT 119 MISSING PERSON 118 BURGLARY:REPORT COLD 117 DATA DERIVED FROM 911 COMMUNICATIONS-01 JAN 07-06 OCT 07 PREPARED BY OPD CRIME ANALYSYS UNIT(JF)-10/16/07 __. !, 1 .,.. .w, „II . ,i, it 7 ifr-i . 1 ` , Z m( I I ) co • l 11 1?I 1,1 •ni- I# 1.r1 PJ r r �. Kt glil '1: ; \Y ,- {' f po I I 1 1 : ft ' t1 I-. '1 (/f fll lit: ry} W ha I--4 r 01 I I kCI ice} 1,. 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CO Ca L a Y . a • • t • ALCOHOL COMPLIANCE CHECK REPORTING FORM NEBRASKA STATE PATROL Date of Check: b9a 66') P.O.BOX 94907 Time of Check: ( (OD LINCOLN, NEBRASKA 68509-4907 ,^ Random Check unless marked otherwise below. ;fin apt -p -rU ` ' , + 6r p` Complaint: ❑ Prior Failure: ❑ Follow Up:.❑ rV l U 0 License: g - 56465 KeM 503 N 33RD STREET County: DOUGLAS 1 OMAHA, NE 68131 . Troop: A Location: 503 N 33RD STREET 68131 INSIDE CITY LIMITS STATUS OF COMPLIANCE ECK Sale Refused Checked? ❑ ID Yes ❑ No � ID Entered in CashRegister?as ❑ Sold to Minor 'gc. ID Register Used? Yes ❑ No ❑ ID Scanned/Swiped? ❑ TYPE OF BUSINESS BUSINESS NOT CHECKED _ Convenience/Gas Station ❑ Closed at Time of Check Grocery Store ❑ CI Safety ❑ Package Liquor Store ❑ Unable to Locate Business ❑ Liquor Establishment (Tavern, Bar, etc.) ❑ Gone Out of Business (Closed Permanently) ( Restaurant ❑ Other: ❑ Non Profit ❑ Other: CI INFORMATION(REQUIRED) CI# 1 Age: h Gender: Male Female ❑ Purchased: Yes No ❑ Cl# 2 Age: Gender: Male ❑ Female ❑ Purchased: Yes ❑ No ❑ Description of Employee(REQUIRED): 0� / 4, ,_s" COMPLETE THE FOLLOWING ONLY FOR LOCATIONS NOT FOUND IN COMPLIANCE Employee has worked for this establishment: r arb months years. (Circle One) Has the employee had ID training? Yes ❑ No I►; If yes, length of training program was: ho s days weeks. (Circle One) What type of training did the employee receive? FOR INVESTIGATOR'S USE ONLY fit.. L. Case# Name of Ca a Officer (PLEAS -�;INT ABOVE) CI# Time Out: Front Money: $ Evidence: Law Enforcement Agency \--)6 ( \ Q"--e-'c'--- Qk---- 9oney Expended: $ IChange Received: $ ( 6 I. ( Notification Requested: Signature of Offis NSP786(9-03) cai On h - I n a .O• G cn «,��. 6. y •0 'r 'p�n.r,�' y 0 Ia.'. 0 iO > 0 N , V • co -a a a) • 0 CI • c4 o 5 3 ., o o .. 0 m r.. iy 0 y `° o a) °q +. . 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MO E.KS) TELEPHONE (402) 387-1898 826 SOUTH 14TH STREET, SUITE B JOSEPH D. KOHOUT (NE) FACSIMILE (402) 397-1263 LINCOLN, NEBRASKA 68508 www.katla TELEPHONE (402)474-2303 TOM KELLEY(1016-1989) ylarramkohoutcom FACSIMILE (402)474-4052 MISSOURI OFFICE 666 BAYBERRY LANE, SUITE 105 LEE'S SUMMIT. MISSOURI 64064 TELEPHONE (616) 472-4629 MEMORANDUM DATE: April 3, 2008 TO: Cynthia Shuck FROM: Michael A. Kelley RE: Convenience store located at 503 N. 33`d Street, Omaha,Nebraska We are working with Mr. Mohammed Ali on the process of obtaining liquor licenses for several of his gas/convenience stores in Omaha. It is our understanding that Mr. Ali has been in touch with you recently, in an attempt to meet and discuss your thoughts on how you feel his stores are operating. He has been operating his stores for 4-5 months now, and would like feedback from the community. Attached is a business plan/agreement that is modeled after one that Mr. Ali signed with a neighborhood association next to his store at 24th & Poppleton. Mr. Ali wanted us to send this along to you and ask whether you would be interested in signing one or something similar for the store near you. Please contact us or Mr. Ali (630) 400-2339 to discuss after you have reviewed the agreement. Thank you, and Mr. Ali looks forward to hearing from you. :41i-t1, 0.'t ti • ..., . .. . - :clit'aUgi. ail .. • .' kir,: r. , _ , _ , _______ I Ir....t1 9 S,-- -- ._ _. ,.‘,i,-..•?.4.;:',,;:,.. 1 X......,' ,. . ''. i ..' %Jf rt r ''''-'ji .:It! ,. ITT' . ' 4 ' •. ... ., 1 I.• , ; -,,Ai '1, -4:,', 1 ! ..., lo. V......P .- .;. .1' I -;:.: :s....T- ...".1. \ ..: .....• • ... ..1,?...*. • ... ti ' ' 0 I ..." \,... •, : 11 '+• ,.., i ' . • .te : _ .. r. 't''" j -. I • •' r ,,,,, _ • - -....N.: . 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'11,"1,•,!..kla,,,,,,`14„...,...',-.14V 441t1,6,,,,,.;', 17,,,,,, I\j ..,,,..,..,.44...,,,,,,,r.„...„,,,:,,,,,,r,6=,„...,,,„.,a,,,,,, F.,;,,i,, ,,..,41,4,....,,,ti",,•,.,T,,,,:‘,,,-,r,„-:: ,,,T;...1, ?,'...V14•Vt7.4P4,':.17,'c4,4,-"..4.. '4'..1.--A4--ea., I , ....,, 1 0 1 i . I , • 1 . t , I t I I i • 1 . 1 . . . .,.. . • til . ..,• Cn, . t3 . -.C. . CO Ca L a Y . a • • t Agreement with Neighborhood Association. 1. Off duty police officers are to keep a watch on the intersection next to the store,reporting any activity to the neighborhood association. 2. Bill Petrihos (or another designated security person) is to be on call 24 hours a day, seven days a week, to address any problems/issues with the store and neighborhood association. 3. A camera is to be placed outside the location, and signs are to be posted, that the property is under surveillance. 4. Clerks are to be instructed to watch the outside of the building, in all directions, and report any illegal activity, as well as keep of log book of said activity and the action taken. 5. Off duty police officers are to be posted in the store every afternoon and on the weekends. Said officers are to report to Bill Petrihos (or another designated security person) any and all activity to be reported to the neighborhood association. 6. All employees are to be fully trained in the liquor laws of the State of Nebraska and are to receive liquor liability training. 7. Off duty officers and employees are to keep watch on the store and nearby areas, and to report any illegal and/or suspicious activity. 8. Other: STORE: DATE: Signed: Mohammed Ali Signed: Representative of Neighborhood Association OM-262327-1 Poppleton. Mr. Ali wanted us to send this along to you and ask whether you would be interested in signing one or something similar for the store near you. Please contact us or Mr. Ali (630) 400-2339 to discuss after you have reviewed the agreement. Thank you, and Mr. Ali looks forward to hearing from you. :41i-t1, 0.'t ti • ..., . .. . - :clit'aUgi. ail .. • .' kir,: r. , _ , _ , _______ I Ir....t1 9 S,-- -- ._ _. ,.‘,i,-..•?.4.;:',,;:,.. 1 X......,' ,. . ''. i ..' %Jf rt r ''''-'ji .:It! ,. ITT' . ' 4 ' •. ... ., 1 I.• , ; -,,Ai '1, -4:,', 1 ! ..., lo. V......P .- .;. .1' I -;:.: :s....T- ...".1. \ ..: .....• • ... ..1,?...*. • ... ti ' ' 0 I ..." \,... •, : 11 '+• ,.., i ' . • .te : _ .. r. 't''" j -. I • •' r ,,,,, _ • - -....N.: . Jt 1 - . • ; r .- . 7 ,"7" 0_ t 1 1 ..., I • I , Iiii • • 1 1 IC Olt trim'414i 04 4-.. ;-,,, .1 I. 4 ti I I,..,..•. 4 I----- _._... __., ....„ 1 , it 1 i _ , *NI: Is..*3....,...'.., ' _l IL I i 1 v,.,..1.3ti i r --- . ,...,.• I , ... ..r•10,,,, „ , Z '-•to c may_, 0 0 ✓+ �.••� f Att ��itt X O N bn r ✓_ice ` ! • : + ; a• ?� L a) O w ‘1') w ',e, n Q '1) C Z 52 ' � l : � � � a � � O3O ! � • I -i c. 7 a ya' Nso / r2 __1 r 1 o s r & •0 tO O 37j> CI) Nv .11 / 0 '1 u. to O O k.F _ J � °p !! CS .; .Itl.N1,.......z„ -• ,..1i-.14,-,...•71!,.,,...-4q..,... 44; z..-,..4:.4,-.‘.,;s2....e-t..el.e,A1-A41; -'... e.,i.4. fleree.,1/4.....,,,--%,-, ....,-.1.e. ,..le,s.p...: ..111-,...2.-•.-_-4„;:,,,'‘-.“,......2.4------r--7,,)...;.?..e4er...0..e.e.5e-50.k,te.--..,-..,.4...;:,,i As'..--,ip..1.••:,,,,....:„.qr.)...p,17',......w,7;_t#,...,f1-,:sic,%-eni..,71.4.r we -7 ':-..:•;,5„..,q.:}eez,:y1,--4tY-44b.,^..,---'1"-,e.?1,)eiez-Y. ;;,.....,,-i',',.!1. '11,"1,•,!..kla,,,,,,`14„...,...',-.14V 441t1,6,,,,,.;', 17,,,,,, I\j ..,,,..,..,.44...,,,,,,,r.„...„,,,:,,,,,,r,6=,„...,,,„.,a,,,,,, F.,;,,i,, ,,..,41,4,....,,,ti",,•,.,T,,,,:‘,,,-,r,„-:: ,,,T;...1, ?,'...V14•Vt7.4P4,':.17,'c4,4,-"..4.. '4'..1.--A4--ea., I , ....,, 1 0 1 i . I , • 1 . t , I t I I i • 1 . 1 . . . .,.. . • til . ..,• Cn, . t3 . -.C. . CO Ca L a Y . a • • t T -F aro 000 0 00 r� W' Ci7co t a A' o d moo' cn n M '' 0) �� a o o k \ 0 CD M C \q .1 0 0 0 6 D 'CS0 D ( �. P o ' w as 'V DAMAGE ACCIDENT 119 MISSING PERSON 118 BURGLARY:REPORT COLD 117 DATA DERIVED FROM 911 COMMUNICATIONS-01 JAN 07-06 OCT 07 PREPARED BY OPD CRIME ANALYSYS UNIT(JF)-10/16/07 __. !, 1 .,.. .w, „II . ,i, it 7 ifr-i . 1 Szcyenpniak v. License Appeal Comm. (1956), 11 IlL App. (2d) 193, 136 N. E. (2d) 562, 59 A. L. R. (2d) 1437, the Court said at page 1438: ,The pry pumposavkatetestiruction is to ascoviiiiiittirieft&ratWeintentbrematiaiagnot,, only the language employed, but the evil to be remedied and the end..to be attained. * * *,,, (Quoting from Smith v. Ballas (1948), 335 IlL App. 418, 82 N. E. p://64.23 3.167.104/search?q=cache:HmOGTZ6ra2YJ:https://idea.iupui.edu/dspace/bitstream/1805/952/... 4/7/2008 Page 3 1961 0. A. G. (2d) 181, which in turn quoted United States Indus- trial Alcohol Co. v. Nudelman(1940), 375 I1. 342, 31 N. E. (2d) 594.J And in Calvary Presbyterian Church v. State Liquor Au- thority (1935),245 App. Div. 176, 281 N. Y. S. 81,the Court said at page 85: "Because of the many.emi t tttt'fiporrtraff e iri li'gt er ,it is subject to-regula :bythe,statieinthe excise dithe pe -It"fs`ftimdamental that regulations by way of exceptions in respect-wchurches and schools must be liberally construed in their favor, and strictlyagairisirappkenneyforlitzrises tasell liquor, wine and beer within prescribed distances. * * *" To the same effect see: Stubbs et aL. v. Texas Liquor Control Board (1942), Tex. Civ. App., 166 S. W. (2d) 178, 180; In re Korndorfer(1897), 49 N. Y. S. 559, 560; In re Place (1898), 27 App. Div. 561, 50 N. Y. S. 640, 645 (as applied to construction of a grand- father clause) ; Shipbaugh v. City of Sarasota(1957), Fla., 94 So. have reviewed the agreement. Thank you, and Mr. Ali looks forward to hearing from you. :41i-t1, 0.'t ti • ..., . .. . - :clit'aUgi. ail .. • .' kir,: r. , _ , _ , _______ I Ir....t1 9 S,-- -- ._ _. ,.‘,i,-..•?.4.;:',,;:,.. 1 X......,' ,. . 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". . pi 1 JUL -5 2092 , ce../ NEaRAtmcmuctuuR ocwi_________a_meastitotvot. c 4/v0 )'da -I"1 '7) /V 1: 1-11,A • i U\ ct• 'i 1-3 . .1•-• . 1 1 1 . i ..o.t..i.. 1 1 .,,, N.,_ N 1 ! •.4., -.: 1 I 1 . • ...,••.::. 'i--; o i , M -0 I • •, . i Ni 1 ( 5,1 1 n _sl, • • 4 Oay 7746 kti.-" 614AP61:5 PPR:Poe -ro 6e 1..10END . , : ...4i of exceptions in respect-wchurches and schools must be liberally construed in their favor, and strictlyagairisirappkenneyforlitzrises tasell liquor, wine and beer within prescribed distances. * * *" To the same effect see: Stubbs et aL. v. Texas Liquor Control Board (1942), Tex. Civ. App., 166 S. W. (2d) 178, 180; In re Korndorfer(1897), 49 N. Y. S. 559, 560; In re Place (1898), 27 App. Div. 561, 50 N. Y. S. 640, 645 (as applied to construction of a grand- father clause) ; Shipbaugh v. City of Sarasota(1957), Fla., 94 So. have reviewed the agreement. Thank you, and Mr. Ali looks forward to hearing from you. :41i-t1, 0.'t ti • ..., . .. . - :clit'aUgi. ail .. • .' kir,: r. , _ , _ , _______ I Ir....t1 9 S,-- -- ._ _. ,.‘,i,-..•?.4.;:',,;:,.. 1 X......,' ,. . ''. i ..' %Jf rt r ''''-'ji .:It! ,. ITT' . ' 4 ' •. ... ., 1 I.• , ; -,,Ai '1, -4:,', 1 ! ..., lo. V......P .- .;. .1' I -;:.: :s....T- ...".1. \ ..: .....• • ... ..1,?...*. • ... ti ' ' 0 I ..." \,... •, : 11 '+• ,.., i ' . • .te : _ .. r. 't''" j -. I • •' r ,,,,, _ • - -....N.: . Jt 1 - . • ; r .- . 7 ,"7" 0_ t 1 1 ..., I • I , Iiii • • 1 1 IC Olt trim'414i 04 4-.. ;-,,, .1 I. 4 ti I I,..,..•. 4 I----- _._... __., ....„ 1 , it 1 i _ , *NI: Is..*3....,...'.., ' _l IL I i 1 v,.,..1.3ti i r --- . ,...,.• I , ... ..r•10,,,, „ , Z '-•to c may_, 0 0 ✓+ �.••� f Att ��itt X O N bn r ✓_ice ` ! • : + ; a• ?� L a) O w ‘1') w ',e, n Q '1) C Z 52 ' � l : � � � a � � O3O ! � • I -i c. 7 a ya' Nso / r2 __1 r 1 o s r & •0 tO O 37j> CI) Nv .11 / 0 '1 u. to O O k.F _ J � °p !! 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P o ' w as 'V DAMAGE ACCIDENT 119 MISSING PERSON 118 BURGLARY:REPORT COLD 117 DATA DERIVED FROM 911 COMMUNICATIONS-01 JAN 07-06 OCT 07 PREPARED BY OPD CRIME ANALYSYS UNIT(JF)-10/16/07 __. !, 1 .,.. .w, „II . ,i, it 7 ifr-i . 1 ,...,_. County r Cour is Page yi..'i i' ill r } none !(,...Il.,'r:`i.,"t1... . ..I'''!+ :. I I;.Ji- i l:" !I,..I��C i<:: ..Jl,.a{.p"i;:::. ,w._.. Data, ; l a I } . , , yid ...., on. i:r`.... !A v!'c J(..'• ., „ /.-1:: 'I i:';;�.: d%li.,i"'i::...,_i,. '1F ^..i..i:Zi�'i;.: I ...1'I (a ,} (,-viiil" „.i(=1 '7.f,'. „:'t_ °l9',...i'L.., 'l..�l;...�.�. No, r'i`oC'ut.:li e/:;:f .,j ..1 ti..1 c:o1-1C.'.I l '(.:(:) _:.:✓.._ 'I lviL_ID • APPEARANCES • D.Defendant; ❑ Defense Counsel ; El Parents or Guardian • • ❑ Prosecutor ; Interpreter ❑ • ARRAIGNMENT AND ADVISEMENT ❑ Defendant advised of the nature of the above charges,all possible penalties,and each of the following rights:Counsel;Appointed Counsel;Trial;Jury Trial;Confront Accusers;Subpoena Witnesses; Remain Silent; Request Transfer to Juvenile Court;Defendant's Presumption of Innocence;State's Burden of Proof Beyond Reasonable Doubt.(clear and convincing in cases of probation violations).Defendant advised of loss of driving privileges/registration/plates if convicted of no proof of insurance. El Defendant waived each of the above and foregoing rights. El Non-citizen advisory given. ❑ Plea(s) entered knowingly, understandingly, intelligently, voluntarily, and a factual basis for plea(s)found; defendant advised of right to appeal conviction and sentence and appointment of counsel for each. ❑ lndigency inquiry held; El Defendant adjudged indigent, Public Defender appointed.❑Defendant adjudged not indigent. ❑ Defendant will hire own counsel. • ❑ Employed El Defendant enters plea(s) of: Guilty 1 ( ) 2 ( ) 3( ) 4( ) 5 ( ) No Contest 1 ( )2( )3( )4( )5 ( )Not Guilty 1 ( )2 ( )3( )4( ) 5 ( ) ❑ Defendant is found: Guilty 1 ( ) 2( ) 3 ) 4( ) 5 ( ) Violation of Probation Admitted ( ) Denied ( ) ____D____Caee-seffor trial on ' d , 20(. at Y 30 in Courtroom No. El Probable cause for detention found. Bond set at$ El 10%;❑Signature; ❑ROR; ❑ Pre-Trial Release. ❑ Charge(s) 1 ( )2( )3( )4( ) 5 ( ) dismissed on motion of ❑ Prosecutor, ❑ Defense; ❑ Court. El Transferred to Juvenile Court. El Transferred to Jury Docket. TRIAL/MOTION HEARING ❑ Trial held; Defendant found: Guilty: 1 ( )2( )3( )4 ( )5 ( ) Not Guilty: 1 ( )2( )3( )4( )5 ( ) ❑ State's ❑Defendant's ❑motion to continue; ❑ granted; El denied. ❑ Enhancement hearing held/waived. Court finds • ❑ aggravated; El not aggravated. . ❑ Exhibits introduced: Nos. thru . Received ❑ Case continued to , 20 at on motion of ❑ Prosecutor; ❑ Defense;El Court. ❑ Case taken under advisement. SENTENCING ❑ Presentence ordered. 1 ( )2( )3( )4 ( )5 ( ) ❑ Victim Impact Statement Only. ❑ Defendant ordered to pay fine of: (1) $ (2)$ (3)$ (4)$ (5) $ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. - ❑ Execution of$ is suspended until , 20 ; El Defendant to stand committed to Corrections Center until fine and costs are paid. • ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. • El Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated El Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD ❑ Upon oath of Prosecutor, probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond'set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. ❑ Bond in the amount of$ El forfeited; El reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs El Witness Fees$ ❑Sheriff Fees$ ❑ Subpoena Fees $ ❑ Other$ I❑ Hon. 4 1.Q \_A rs`—' Judge Date Bailiff Tape Nos. CR/TR 239(12/01) IN THE COUNTY COURT OF DOUGLAS COUNTY,NEBRASKA STATE OF NEBRASKA, ) CASE NO. Dg- // /7 ) Plaintiff, ) ) vs. ) WAIVER OF JURY TRIAL Defendant. ) I the undersigned Defendant acknowledge the following to with: 1. That I understand the English language. 2. That I understand I have an absolute right to a jury trial in the above captioned case which is personal to me. 3. That, by signing this Waiver, I hereby waive and give up my right to a jury trial and consent to be tried by the Court only. 4. I understand once the Waiver is filed with the court I may not withdraw the Waiver. 5. That I understand that by signing this Waiver I am requesting a continuance to the next available trial date. • 6. I acknowledge that no threat, promise or inducement was made to me to get me to waive my right to a jury trial. 7. I acknowledge that the Waiver is being signed by me freely, voluntarily, knowingly and intelligently. 8. I acknowledge that I am not under the influence of any alcoholic liquor or drug at this time. 9. I acknowledge that I have read this Waiver in its entirety before signing and I have discussed this matter to the fullest extent with my attorney, if I am represented by an attorney. Signed and entered this T day of C.A. `��/ /Z , 20 r6 0 ) 42 D en nt 4" ,`' ^r, _ /-�'�s• `. -tom'/ •7 Attorney for Defendant or Witness a f„'! -•c N 0 r.} �i indigent. ❑ Defendant will hire own counsel. • ❑ Employed El Defendant enters plea(s) of: Guilty 1 ( ) 2 ( ) 3( ) 4( ) 5 ( ) No Contest 1 ( )2( )3( )4( )5 ( )Not Guilty 1 ( )2 ( )3( )4( ) 5 ( ) ❑ Defendant is found: Guilty 1 ( ) 2( ) 3 ) 4( ) 5 ( ) Violation of Probation Admitted ( ) Denied ( ) ____D____Caee-seffor trial on ' d , 20(. at Y 30 in Courtroom No. El Probable cause for detention found. Bond set at$ El 10%;❑Signature; ❑ROR; ❑ Pre-Trial Release. ❑ Charge(s) 1 ( )2( )3( )4( ) 5 ( ) dismissed on motion of ❑ Prosecutor, ❑ Defense; ❑ Court. El Transferred to Juvenile Court. El Transferred to Jury Docket. TRIAL/MOTION HEARING ❑ Trial held; Defendant found: Guilty: 1 ( )2( )3( )4 ( )5 ( ) Not Guilty: 1 ( )2( )3( )4( )5 ( ) ❑ State's ❑Defendant's ❑motion to continue; ❑ granted; El denied. ❑ Enhancement hearing held/waived. Court finds • ❑ aggravated; El not aggravated. . ❑ Exhibits introduced: Nos. thru . Received ❑ Case continued to , 20 at on motion of ❑ Prosecutor; ❑ Defense;El Court. ❑ Case taken under advisement. SENTENCING ❑ Presentence ordered. 1 ( )2( )3( )4 ( )5 ( ) ❑ Victim Impact Statement Only. ❑ Defendant ordered to pay fine of: (1) $ (2)$ (3)$ (4)$ (5) $ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. - ❑ Execution of$ is suspended until , 20 ; El Defendant to stand committed to Corrections Center until fine and costs are paid. • ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. • El Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated El Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD ❑ Upon oath of Prosecutor, probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond'set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. ❑ Bond in the amount of$ El forfeited; El reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs El Witness Fees$ ❑Sheriff Fees$ ❑ Subpoena Fees $ ❑ Other$ I❑ Hon. 4 1.Q \_A rs`—' Judge Date Bailiff Tape Nos. CR/TR 239(12/01) STATE Or-NEBRASKA . Y' PLEA OF NOT GUILTY / CR/TR �2 (slob) WAIVER OF APPEARANCE Douglas County Court, Criminal/Traffic Division 1701 Farnam Street, 2nd Floor, Omaha, NE 68183 (402) 444-5386 STATE OF NEBRASKA, PLEA OF NOT GUILTY/ Plaintiff, WAIVER OF APPEARANCE -vs- Case No. IVI///y// /�1z,/L?--, , Arrest No. . (Print or T�pe) Pendant I,the defendant in the above-entitled action, advise the Court that I have retained • /4,`4,,'%i,;<,/ /-''//, ./-7 to represent me in this matter. I understand that I have been charged with the followingGiolation(s): :„:`..D;s/e� / /•4..i,7:'.h, • Arraignment Date Lam«. F --.fi',�1' and in the event that the charges have been amended or new charges added I"wish to waive formal arraignment before the Court and ask the Court to enter plea(s) of not guilty on my behalf. My attorney has advised me of my rights: the right to trial and to a jury trial, if appropriate; my right to confront accusers; to subpoena witnesses; to remain silent; to counsel; to have this matter transferred to Juvenile Court, if appropriate; my right to be presumed innocent until - proven guilty beyond reasonable doubt. My attorney has also advised me of the possible penalties for the violations with which I am charged, and the possibility that I will be required to make restitution for damages, if appropriate. I understand that my attorney will notify me of all appearance dates in this matter, Date: /"1"zli Defendant's Signature: lO/ 2-4,-&6- �.,1') -�f 1-1 APPEARANCE OF COUNSEL 0 I, >,/e-X7 ry#s./ ,4'"e'/'%Y, •. advise the Court that I am the attorney of record for the above-named defendant. I have advised my client of all rights and the possible penalties for the charges filed against him/her. I understand that the Court will expect me to represent the defendant in all hearings before the Court in this matter. (Please Print or Type) • /74/z; 't e/ /i I/ h Attorney's Name /.:/a /`"c /'i A�! C. /L.. Attorney's Address CPyMcf, /lC %'/ram - • t'. E (Telephone Number) (Attor-ngy umber) U U Date: /" I" Pe Attorney's Signature: / ,.i i. -f.,X-- c . NOTICE: Please insure the charges are correct by consulting the City Prosecutor's/County Attorney's Office. This form must be taken to the Information Window of the County Court, Criminal/Traffic Division, at least 48 hours prior to the scheduled arraignment. If this form is not completed correctly and/or is not submitted within the specified time, the Clerk will reject it and you will be notified by mail of a new arraignment date, • and personal appearance will then be required. A second waiver of appearance will not be allowed. NOTICE OF TRIAL (For Court Use Only) Lit.f, /A cf f Trial to the Court is set for ` ','-g` O,, , at I-�Ga�.rrr. in Courtroom No. -7 , ISougTas County Hall of Justice! erein for fines and costs assessed. - ❑ Execution of$ is suspended until , 20 ; El Defendant to stand committed to Corrections Center until fine and costs are paid. • ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. • El Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated El Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD ❑ Upon oath of Prosecutor, probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond'set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. ❑ Bond in the amount of$ El forfeited; El reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs El Witness Fees$ ❑Sheriff Fees$ ❑ Subpoena Fees $ ❑ Other$ I❑ Hon. 4 1.Q \_A rs`—' Judge Date Bailiff Tape Nos. CR/TR 239(12/01) ...1UE820%,-; _-P 1 Douglas County Court Page: 1 Crtr'rn. . . . 01 C26 JOURNAL ENTRY 1 Y & ORDER Judge. : No Judge Ass i gned Case No. . CR 08 1847 Filed. : 1 /18/2008. Date. . . . . 1 /23/2008 01 :30 Action: Arraignment Caption. : State v. Marqu i tka M Wesley AKA: D0B. . . . . . 7 rl02/19 ';'2 Arrest # ' Citation #: D 43264 No Charge Amended to Statute/Ord. No, • 1 Procure/sell alcohol to S. 1 20 1 ('IS:O FILED APPEARANCES 0 72h;;i,A; N ❑ Defendant; ❑ Defense Counsel ; ❑ Parents or Guardian ... ,:.;?,,,,tyj:c: • ❑ Prosecutor ; Interpreter ' `fix j a i,.'$:1^" • ARRAIGNMENT AND ADVISEMENT ❑ Defendant advised of the nature of the above charges,all possible penalties,and each of the following rights:Counsel;Appointed Counsel;Trial;Jury Trial;Confront Accusers;Subpoena Witnesses;Remain Silent;Request Transfer to Juvenile Court;Defendant's Presumption of Innocence;State's Burden of Proof Beyond Reasonable Doubt.(clear and convincing in cases of probation violations).Defendant advised of loss of driving privileges/registration/plates if convicted of no proof of insurance. ❑ Defendant waived each of the above and foregoing rights. ❑Non-citizen advisory given. • ❑ Plea(s) entered knowingly;understandingly, intelligently, voluntarily,and a factual basis for plea(s)found; defendant advised of right to appeal conviction and sentence and appointment of counsel for each. • ❑ Indigency inquiry held; ❑ Defendant adjudged indigent, Public Defender appointed. ❑Defendant adjudged not indigent. ❑ Defendant will hire own counsel. ❑ Employed ❑ Defendant enters plea(s) of: Guilty 1 ( ) 2( ( ) 4( ) 5( ) No Contest 1 ( )2 ( )3( )4( )5 ( ) Not Guilty 1 ( )2( ) 3( )4( )5 ( ) ❑ Defendant is found: Guilty 1 ( )3( ).4( )5( ) Violation of Probation Admitted ( ) Denied ( ) ❑ Case set for trial on (J� ✓A1C,it 1 , 20 at in Courtroom No. ❑ Probable cause for detention found. Bond se t$ ❑ 10%;❑Signature; ❑ROR; ❑ Pre-Trial Release. ❑ Charge(s) 1 ( )2( )3( )4( ) 5( ) dismissed on motion of ❑ Prosecutor; ❑ Defense; ❑ Court. ❑ Transferred to Juvenile Court. ❑Transferred to Jury Docket. TRIAUMOTION HEARING ❑ Trial held; Defendant found: Guilty: 1 ( ) 2 ( )3( ) 4( ) 5( ) Not Guilty: 1 ( )2( ) 3 ( )4( )5 ( ) ❑ State's ❑Defendant's ❑motion to continue; ❑ granted; ❑ denied. ❑ Enhancement hearing held/waived. Court finds. ❑ aggravated; ❑ not aggravated. ❑ Exhibits introduced: Nos. thru . Received ❑ Case continued to , 20 at on motion of ❑ Prosecutor; ❑ Defense;❑ Court. ❑ Case taken under advisement. SENTENCING ❑ Presentence ordered. 1 ( )2( )3 ( )4( )5( ) ❑ Victim Impact Statement Only. ❑ Defendant ordered to pay fine of: (1)$ (2) $ (3) $ (4)$ (5)$ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. ❑ Execution of$ is suspended until , 20 ;• ❑Defendant to stand committed to Corrections Center until fine and costs are paid. ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. ❑ Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated• ❑ Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD • Upon oath of Prosecutor,probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. • Bond in the amount of$ ❑forfeited; ❑ reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs ❑ Witness Fees $ ❑Sheriff Fees$ ❑ Subpoena Fees$ ❑ Other$ ❑ • Hon. 10' t �Ct i 1s4. — j-i?,-v fb Cam. Judge' Date Bailiff Tape Nos. ..CR/TR 239(12/00 /TR 239(12/01) , C • 2 IN THE CO14LY COURT OF DOUGLAS COUNTY , NEBRASKA . STATE COMPLAINT• STATE OF NEBRASKA ) Plaintiff ) aeOS111-1:7 vs . ) SALE OF LIQUOR TO A MINOR MARQUITA M WESLEY Defendant ) • Address : 316 N 31 ST #14 ) 53-180 OMAHA,NE ) Class I Misdemeanor 1 D.O.B: 07/02/82 ) DR. LIC. # H12663586 ) On the complaint and information of Michael L. Getty, Assistant City Prosecutor, of Douglas County, Nebraska, made in the name of the State of Nebraska before the County Court of Douglas County, this. 17th day of January, 2008 , the complainant , being duly sworn on his/her oath, says. that the above named defendant, on or about the 20th day of December, 2007 , at or near 503 N 33 ST, within the county aforesaid, contrary to the Statutes of the State of Nebraska and against the peace and dignity of the State of Nebraska, did, unlawfully sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquors, to or for any minor: NICHOLAS SVOBDA. n 1Priedk • Subscribed and sworn to in my presence 'is 17 ay. ..: ary, 2008 . . Clerk of tlat County Court, Douglas County, Nebraska A-0123-P •-- MLG:DB1 JAN 1 8 2008 2is1: ,r,Y. ent, Public Defender appointed. ❑Defendant adjudged not indigent. ❑ Defendant will hire own counsel. ❑ Employed ❑ Defendant enters plea(s) of: Guilty 1 ( ) 2( ( ) 4( ) 5( ) No Contest 1 ( )2 ( )3( )4( )5 ( ) Not Guilty 1 ( )2( ) 3( )4( )5 ( ) ❑ Defendant is found: Guilty 1 ( )3( ).4( )5( ) Violation of Probation Admitted ( ) Denied ( ) ❑ Case set for trial on (J� ✓A1C,it 1 , 20 at in Courtroom No. ❑ Probable cause for detention found. Bond se t$ ❑ 10%;❑Signature; ❑ROR; ❑ Pre-Trial Release. ❑ Charge(s) 1 ( )2( )3( )4( ) 5( ) dismissed on motion of ❑ Prosecutor; ❑ Defense; ❑ Court. ❑ Transferred to Juvenile Court. ❑Transferred to Jury Docket. TRIAUMOTION HEARING ❑ Trial held; Defendant found: Guilty: 1 ( ) 2 ( )3( ) 4( ) 5( ) Not Guilty: 1 ( )2( ) 3 ( )4( )5 ( ) ❑ State's ❑Defendant's ❑motion to continue; ❑ granted; ❑ denied. ❑ Enhancement hearing held/waived. Court finds. ❑ aggravated; ❑ not aggravated. ❑ Exhibits introduced: Nos. thru . Received ❑ Case continued to , 20 at on motion of ❑ Prosecutor; ❑ Defense;❑ Court. ❑ Case taken under advisement. SENTENCING ❑ Presentence ordered. 1 ( )2( )3 ( )4( )5( ) ❑ Victim Impact Statement Only. ❑ Defendant ordered to pay fine of: (1)$ (2) $ (3) $ (4)$ (5)$ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. ❑ Execution of$ is suspended until , 20 ;• ❑Defendant to stand committed to Corrections Center until fine and costs are paid. ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. ❑ Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated• ❑ Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD • Upon oath of Prosecutor,probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. • Bond in the amount of$ ❑forfeited; ❑ reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs ❑ Witness Fees $ ❑Sheriff Fees$ ❑ Subpoena Fees$ ❑ Other$ ❑ • Hon. 10' t �Ct i 1s4. — j-i?,-v fb Cam. Judge' Date Bailiff Tape Nos. ..CR/TR 239(12/00 /TR 239(12/01) 4 * 6 • 7ITNESES FOR THE STATE NAME ADDRESS PHONE S . RAY #13 67 NICHOLAS SVOBODA C/O PROJECT EXTRA MILE, 116 0 6 NICHOLAS OMAHA, NE 6 8 15 4 M. SWANSON #1610 CV' '104'N *IA NI 8 2d08 * * * PRAECIPE * * * nor,y313":: :,zr?,./1704.”-vr •' aro � W n � o Cp I00r* Cr1 CD 0" 6 N Q- m � z O cp ',-' ci' 0 \ ii (4& n Fi. \ 0 . el:, cn p CD o C) c\ • .”-vr •' 04/07/2008 MON 16: 23 FAX 402 471 2814 NE LIQUOR CONTROL COMM. EJ002/003 4023971293 KELLY.LEHAN. 02:51:53 pin 04-07-2008 1 12 KELLEY, JERRAM lrt KOHOUT, P.C., L. L.O. JZt i w 7134 PACIFIC STREET MICHAEL A. KELLEY INE) OMAHA, NEBRASKA 68108 LINCOLN OFFICE CHRIETOPHER D. JERRAM [NE,MO&KS) TELEPHONE (402) 397-1889 626 SOUTH 14TH STREET,SUITE B JOSEPH D.KOHOUT(NEI FACSIMILE(402)3117-1203 LINCOLN. NEBRASKA 69609 TOM KELLEY(1916-1989) wwwkiUry]6m rll mkoh6uLCo TELEPHONE(402)474-2303 FACSIMILE(402)474-4062 MISSOURI OFFICE 656 BAYBERRY LANE, SUITE 105 LEE'S SUMMIT, MISSOURI 64064 TELEPHONE(616)472.4526 April 7,2008 Tami Applebee (402)471-2814 Nebraska Liquor Control Commission Buster Brown (402)444-5263 City of Omaha Re: License application of M&A Petroleum 503 N. 331 Street,Omaha,Nebraska Dear Buster and Tami: Please amend the drawing previously submitted with this application with the attached drawing. Note that only the "L"shaped portion of the building is to be licensed. As always,please feel free to call if you have any questions. Thank you both for your assistance in this matter. Sincerely, ger G ' yl ssistan o Mic el A. Kelley ence 'is 17 ay. ..: ary, 2008 . . Clerk of tlat County Court, Douglas County, Nebraska A-0123-P •-- MLG:DB1 JAN 1 8 2008 2is1: ,r,Y. ent, Public Defender appointed. ❑Defendant adjudged not indigent. ❑ Defendant will hire own counsel. ❑ Employed ❑ Defendant enters plea(s) of: Guilty 1 ( ) 2( ( ) 4( ) 5( ) No Contest 1 ( )2 ( )3( )4( )5 ( ) Not Guilty 1 ( )2( ) 3( )4( )5 ( ) ❑ Defendant is found: Guilty 1 ( )3( ).4( )5( ) Violation of Probation Admitted ( ) Denied ( ) ❑ Case set for trial on (J� ✓A1C,it 1 , 20 at in Courtroom No. ❑ Probable cause for detention found. Bond se t$ ❑ 10%;❑Signature; ❑ROR; ❑ Pre-Trial Release. ❑ Charge(s) 1 ( )2( )3( )4( ) 5( ) dismissed on motion of ❑ Prosecutor; ❑ Defense; ❑ Court. ❑ Transferred to Juvenile Court. ❑Transferred to Jury Docket. TRIAUMOTION HEARING ❑ Trial held; Defendant found: Guilty: 1 ( ) 2 ( )3( ) 4( ) 5( ) Not Guilty: 1 ( )2( ) 3 ( )4( )5 ( ) ❑ State's ❑Defendant's ❑motion to continue; ❑ granted; ❑ denied. ❑ Enhancement hearing held/waived. Court finds. ❑ aggravated; ❑ not aggravated. ❑ Exhibits introduced: Nos. thru . Received ❑ Case continued to , 20 at on motion of ❑ Prosecutor; ❑ Defense;❑ Court. ❑ Case taken under advisement. SENTENCING ❑ Presentence ordered. 1 ( )2( )3 ( )4( )5( ) ❑ Victim Impact Statement Only. ❑ Defendant ordered to pay fine of: (1)$ (2) $ (3) $ (4)$ (5)$ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. ❑ Execution of$ is suspended until , 20 ;• ❑Defendant to stand committed to Corrections Center until fine and costs are paid. ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. ❑ Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated• ❑ Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD • Upon oath of Prosecutor,probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. • Bond in the amount of$ ❑forfeited; ❑ reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs ❑ Witness Fees $ ❑Sheriff Fees$ ❑ Subpoena Fees$ ❑ Other$ ❑ • Hon. 10' t �Ct i 1s4. — j-i?,-v fb Cam. Judge' Date Bailiff Tape Nos. ..CR/TR 239(12/00 /TR 239(12/01) 4023971293 KELLY.LEHAN. 02:51:13 p.m. 04-07-2008 2/2 Convenience Store ( Kum & Go ) 503 No. 33rd St. •`� 0V4-0r� rr^^ ^^ First Floor 1530.0 00 oC% 1 liitispat q 25 Canopy Over Pumps 625 sq ft 25 AMENDED DRAWING SINGLE STORY BUILDING—ONLY THE "L SHAPED"PORTION TO BE LICENSED littp://dough ne.mapping-online.com'assessdoc/Sketch/11/R l 30397000?0001.jpg 11!15.2007 - Y N O''� O O CD P - O '0 W F. O r ' : pl,„1 r) g , —) . '. L.: C� co R ` A, cD cD U ,rt O CD ..1 "= O 0 w k.0 ..\.. . ---- , . R '\ LICENSED littp://dough ne.mapping-online.com'assessdoc/Sketch/11/R l 30397000?0001.jpg 11!15.2007 • INTER-OFFICE COMMUNICATION :E Law Department t Q PR _8 11 8= 5Q April 7, 2007 1 i #' ;s r_ s if TO: President.. nd Members the City Council E ., FROM: �/ 02 4r 6/ ,/ J ,� Thomas O. Mumgaard, Depu Ci Attorney SUBJECT: Liquor License Application of M &A Petroleum Corp., 503 No. 33rd Street Distance From A Church On your April 8, 2008, agenda is an application for a package beer license at 503 North 33rd Street. The application asks to license the entire building. The Planning Department reports the building is 136.4 feet from a building identifying itself as the "House of Faith"on North 33rd Street. The Liquor Control Act prohibits a liquor license within 150 feet of a "church". Court decisions defined the term generally as a place predominately for worship where persons regularly assemble for worship or religious purposes. In 2002 the City of Omaha litigated whether the House of Faith met that definition and the District Court of Lancaster County held it did. The Nebraska Supreme Court affirmed that decision and said the plain meaning of the word "church" should be used in applying the statute. Unless the activity at the House of Faith has changed since then,in my opinion the House of Faith is a "church" and the applicant's entire building cannot be licensed. After the Supreme Court ruled, the business owner received a license to sell packaged beer. However,the entire building was not licensed. The license covered only the coolers in the rear of the building and a few feet in front of the coolers. The Planning Department reports that these coolers are 152 feet from the church. The statutes require that the alcohol must be stored and sold on the licensed premises. Thus,the coolers, any beer storage or displays, the cash register, and the area in which a customer carries beer to the cash register must be within the licensed area and outside this 150 foot distance. The licensee must prevent a customer from taking beer from the cooler and wandering about the store outside of the licensed area. I believe it is within the law to license only a portion of the building, as has been done here in the past. But the Council has discretion to conclude that the area that will be licensed here is too small to allow the licensee to properly store and sell alcohol within the law. The Council can decide that the limited area inside the store will unavoidably lead to customers removing beer from the licensed area as they move about the store. You may recommend denial based on a conclusion that the licensee is not "able to properly provide the service",cannot"conform to all provisions and requirements of. . . the Nebraska Liquor Control Act," and that the management and control over the premises will not be sufficient to insure that the business will conform to the law. c: City Clerk 3) $ (4)$ (5)$ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. ❑ Execution of$ is suspended until , 20 ;• ❑Defendant to stand committed to Corrections Center until fine and costs are paid. ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. ❑ Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated• ❑ Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD • Upon oath of Prosecutor,probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. • Bond in the amount of$ ❑forfeited; ❑ reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs ❑ Witness Fees $ ❑Sheriff Fees$ ❑ Subpoena Fees$ ❑ Other$ ❑ • Hon. 10' t �Ct i 1s4. — j-i?,-v fb Cam. Judge' Date Bailiff Tape Nos. ..CR/TR 239(12/00 /TR 239(12/01) y b o ( ° CD C� U4 00 ,t. 1 ., v, c-. A) CD C O A) O 0 o d Z I o � ',0 =. o :=. "•►...ram a K \ 1 cr C� bz Q N CCD c�D �-d o - O Wor 0 . g C . CD , . R '\ LICENSED littp://dough ne.mapping-online.com'assessdoc/Sketch/11/R l 30397000?0001.jpg 11!15.2007 4023971293 KELLY.LEHAN. 01:56:22 p.m. 04-10-2008 2/4 Re: 503 N.33rd Street,Omaha,Nebraska I,Mohammed Ali,President of M&A Petroleum Corporation,agree to comply fully with the conditions/stipulations of the City of Omaha as set forth below. I understand that should these conditions not be met to the satisfaction of the City of Omaha,the liquor license at the above reference location will be reviewed and there is a possibility that said license might be suspended or revoked for a willful violation of their conditions. 1. Management shall designate a security person to be on call 24 hours a day,seven days a week,to address any problems or issues with the store,parking lot or neighborhood association. 2. Management shall ban and bar from the property any recognized gang members, drug dealers or prostitutes. 3. Management shall not sell alcohol to any intoxicated person. 4. Security cameras will be placed and maintained outside the location and signs will be posted indicating that the property is under surveillance. 5. Management shall clean and maintain the store grounds every morning,making sure that all litter and debris is disposed of in a proper manner. 6. Management will be an active participant in the neighborhood association, making every effort to keep an open dialogue with his neighbors and to address any issues,concerns or problems the neighbors might have. 7. Management agrees to not to sell any"single serving"or quart size beer. Dated this 10th day of April,2008. Mohammed Ali W. ess the coolers in the rear of the building and a few feet in front of the coolers. The Planning Department reports that these coolers are 152 feet from the church. The statutes require that the alcohol must be stored and sold on the licensed premises. Thus,the coolers, any beer storage or displays, the cash register, and the area in which a customer carries beer to the cash register must be within the licensed area and outside this 150 foot distance. The licensee must prevent a customer from taking beer from the cooler and wandering about the store outside of the licensed area. I believe it is within the law to license only a portion of the building, as has been done here in the past. But the Council has discretion to conclude that the area that will be licensed here is too small to allow the licensee to properly store and sell alcohol within the law. The Council can decide that the limited area inside the store will unavoidably lead to customers removing beer from the licensed area as they move about the store. You may recommend denial based on a conclusion that the licensee is not "able to properly provide the service",cannot"conform to all provisions and requirements of. . . the Nebraska Liquor Control Act," and that the management and control over the premises will not be sufficient to insure that the business will conform to the law. c: City Clerk 3) $ (4)$ (5)$ Total of$ and all costs of prosecution. ❑ Execution hereby issued against any bond monies on deposit herein for fines and costs assessed. ❑ Execution of$ is suspended until , 20 ;• ❑Defendant to stand committed to Corrections Center until fine and costs are paid. ❑ Defendant is sentenced to the Corrections Center for a term of(1) (2) (3) (4) (5) Total days and is to pay the costs of this prosecution. ❑ Execution of sentence suspended until ❑ Credit for days served. ❑ Credit for time and cost served. ❑ Defendant is ordered not to drive a motor vehicle and his/her driver's license is ❑ impounded;❑ revoked for a period of ❑ Defendant is placed on probation according to the terms of a separate order. ❑ Probation revoked. ❑Probation Terminated• ❑ Satisfactorily ❑ Unsatisfactorily ADDITIONAL ENTRIES OF RECORD • Upon oath of Prosecutor,probable cause is found for the issuance of arrest warrant. ❑ No action taken. ❑ Defendant fails to appear; ❑ Capias to issue; ❑ Bond set at$ ; ❑ Mittimus to issue; ❑Capias cancelled. • Bond in the amount of$ ❑forfeited; ❑ reinstated; ❑ released; ❑ Appeal bond set at$ ❑ Court Costs ❑ Witness Fees $ ❑Sheriff Fees$ ❑ Subpoena Fees$ ❑ Other$ ❑ • Hon. 10' t �Ct i 1s4. — j-i?,-v fb Cam. Judge' Date Bailiff Tape Nos. ..CR/TR 239(12/00 /TR 239(12/01) 7 q 0 .7 , . \ / g § § / q N q ° \ . ril § k ƒI Z-~ CI) 0 a 'a. \U. . �2 2 _ -. 1. ' \ \ / d ? / F a ® . CD q � > � F 0 ¢ � �/ G Q2 G � / CD\ 3. § \ . \