ORD 37566 - Authorize sale of alcoholic liquor on December 24 and 31 2006 otANHA.NFB
` '''D Law Department
wtatif- t== Omaha/Douglas Civic Center
W'1 1, � ^ 06 s i t 1819 Farnam Street,Suite 804
® fl ��' T' " ��� �� & Omaha,Nebraska 68183-0804
pir � t.rsan��:_�. �
%°° rel r.• r, r (402)444-5115
4ren FEBO t. �� �- Telefax(402)444-5125
0 NI City of Omaha { , ''''t'' „�`{�� Pant D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Ordinance is submitted for your consideration. The Ordinance allows the sale,
consumption, and possession of alcohol beginning at 6:00 a.m. on Christmas Eve, Sunday,
December 24, 2006, and on New Year's Eve, Sunday, December 31, 2006, on the premises of
holders of special designated licenses for those dates.
Nebraska law allows a city to set the hours for the sale of alcohol within the city on Sundays.
Omaha Municipal Code section 15-2 prohibits the sale or distribution of alcohol on licensed
premises before 12:00 noon on Sundays. This Ordinance grants a one-time exemption to that
limitation. To use the authority granted by this ordinance, a licensee must receive a special
designated liquor license for the day and, if other than beer and wine is to be sold, the Nebraska
Liquor Control Commission must exempt the licensee from state statutes prohibiting the sale of
liquors before noon on Sundays. •
In addition, because the City Clerk's general authority to approve or deny special designated
licenses does not extend to licenses seeking additional sales hours, this ordinance authorizes the
City Clerk to act as the agent of the City Council to administratively approve or deny these
special designated licenses. Further, licensees receiving this additional sales privilege will have
to pay an additional $55.00 in occupation taxes for each extra day. This is the maximum
occupation tax amount state law allows the City to collect.
All applications must be submitted in time to meet the state's requirement that it receive
applications at least 10 days in advance of the event. The state would also have to waive its
requirement that licensees holding a catering license must submit their applications at least 21
days in advance.
Respec 1 submitted,
Thomas O. Mumgaard
Deputy City Attorney
•
P:\LAW 1\14716pjm.doc
stice Assistance for;
;the period of October 1, 2005 to September. That said N•w a er duringthat time was regularly published and
30, 2009; to authorize payment from such' y
'grant fundingand involvingappropriations �"
in gen• •::-- c'µ tti h.in the County of Dougl ,.and State of Nebraska.
of more than one year in conformity with P�� 11• wsUsfy� / 1�
Section 5.17 of the Home Rule Charter; and,I .......... / (/
to provide for the effective date hereof. i �:'NJ ERA , //
:PASSED: December 5,2006, 7-0 $ •, Subscribed in y presence and sworn to before
APPROVED BY: I t:
MIKE FAHEY 12/7/06' 1, �, r, NOTAR 3 7 me this 13th / - day of
MAYOR OF THE / MISS
CITY OF OMAHA , EXPIREBS
I BUSTER BROWN, A.*itioaal Copies :` Dece I ,)er 20 06
City Clerk t ' __.,�2L,, rn.O �7 /
•
1,1% ,e aF NE��P • Notary Public•�/A.,�f•Iire'glas County,
\k S,; of Nebraskai'
9.
IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
•
ORDINANCE NO. ( 25
AN ORDINANCE to waive the provisions of Omaha Municipal Code section 15-2 prohibiting
the sale of alcoholic liquor on Sunday morning; to authorize sale of beer, wine, and
distilled spirits commencing at 6:00 a.m. on Sunday, December 24, 2006, and on Sunday,
December 31, 2006; to restrict such sales to the premises of holders of special designated
licenses for those dates; to establish an application procedure; to require payment of an
additional $55.00 per day occupation tax; and to provide an effective date immediately
upon passage.
WHEREAS, Nebraska Revised Statutes section 53-179 provides that, except as allowed
by ordinance, no alcoholic liquor may be sold at retail or dispensed between the hours of 6:00
a.m. and 12:00 noon on Sundays and limits such ordinances to allowing the sale of beer and
wine; and,
WHEREAS, Nebraska Revised Statutes section 53-124.11(5) authorizes the Nebraska
Liquor Control Commission to permit ordinances that exempt the holder of a special designated
license from the limitation on the sale of alcoholic liquor other than beer and wine before noon
on Sunday; and,
WHEREAS, Omaha Municipal Code section 15-2 provides that alcoholic liquor may not
be sold within the City before 12:00 noon on Sundays; and,
WHEREAS, it is the desire of this City Council to allow the holders of special designated
licenses within the City to sell and dispense alcoholic liquors on their licensed premises
beginning at 6:00 a.m. on Sunday, December 24, 2006, and on Sunday December 31, 2006.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
nses seeking additional sales hours, this ordinance authorizes the
City Clerk to act as the agent of the City Council to administratively approve or deny these
special designated licenses. Further, licensees receiving this additional sales privilege will have
to pay an additional $55.00 in occupation taxes for each extra day. This is the maximum
occupation tax amount state law allows the City to collect.
All applications must be submitted in time to meet the state's requirement that it receive
applications at least 10 days in advance of the event. The state would also have to waive its
requirement that licensees holding a catering license must submit their applications at least 21
days in advance.
Respec 1 submitted,
Thomas O. Mumgaard
Deputy City Attorney
•
P:\LAW 1\14716pjm.doc
stice Assistance for;
;the period of October 1, 2005 to September. That said N•w a er duringthat time was regularly published and
30, 2009; to authorize payment from such' y
'grant fundingand involvingappropriations �"
in gen• •::-- c'µ tti h.in the County of Dougl ,.and State of Nebraska.
of more than one year in conformity with P�� 11• wsUsfy� / 1�
Section 5.17 of the Home Rule Charter; and,I .......... / (/
to provide for the effective date hereof. i �:'NJ ERA , //
:PASSED: December 5,2006, 7-0 $ •, Subscribed in y presence and sworn to before
APPROVED BY: I t:
MIKE FAHEY 12/7/06' 1, �, r, NOTAR 3 7 me this 13th / - day of
MAYOR OF THE / MISS
CITY OF OMAHA , EXPIREBS
I BUSTER BROWN, A.*itioaal Copies :` Dece I ,)er 20 06
City Clerk t ' __.,�2L,, rn.O �7 /
•
1,1% ,e aF NE��P • Notary Public•�/A.,�f•Iire'glas County,
\k S,; of Nebraskai'
9.
IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
ORDINANCE NO.
PAGE 2
Section 1. Notwithstanding the provisions of section 15-2 of the Omaha Municipal Code,
the City of Omaha authorizes and consents to the sale and consumption of beer, wine, and
distilled spirits between the hours of 6:00 a.m. and 12:00 noon on Sunday, December 24, 2006,
and on Sunday, December 31, 2006, on the licensed premises of retail liquor licensees who have
received special designated licenses allowing the sale and dispensing of alcohol before noon on
those respective dates.
Section 2. The Nebraska Liquor Control Commission is respectfully requested to
exercise its authority granted by Nebraska Revised Statutes section 53-124.11(5) and take all
necessary action to allow sale, consumption, and possession of alcoholic liquor in accordance
with this ordinance.
Section 3. In addition to the payment required by section 19-62(b) of the Omaha
Municipal Code, any retail licensee receiving a special designated liquor license allowing sale
and consumption of alcohol from 6:00 a.m. until 12:00 noon on December 24, 2006, and/or
December 31, 2006, shall pay an occupation tax of$55.00 for each day.
Section 4. In addition to the authority granted by Omaha Municipal Code sections 15-60
through 15-65, the Omaha City Clerk is hereby designated as the agent of the City Council to
determine whether a special designated license allowing the sale of alcohol before noon on
December 24, 2006, and/or December 31, 2006, is approved or denied pursuant to the Nebraska
Liquor Control Act and Omaha ordinances. Applicants for such special designated licenses shall
have the rights of review granted by Omaha Municipal Code section 15-64. Applications for
such special designated licenses must be submitted to the City Clerk no later than December 7,
2006.
se
special designated licenses. Further, licensees receiving this additional sales privilege will have
to pay an additional $55.00 in occupation taxes for each extra day. This is the maximum
occupation tax amount state law allows the City to collect.
All applications must be submitted in time to meet the state's requirement that it receive
applications at least 10 days in advance of the event. The state would also have to waive its
requirement that licensees holding a catering license must submit their applications at least 21
days in advance.
Respec 1 submitted,
Thomas O. Mumgaard
Deputy City Attorney
•
P:\LAW 1\14716pjm.doc
stice Assistance for;
;the period of October 1, 2005 to September. That said N•w a er duringthat time was regularly published and
30, 2009; to authorize payment from such' y
'grant fundingand involvingappropriations �"
in gen• •::-- c'µ tti h.in the County of Dougl ,.and State of Nebraska.
of more than one year in conformity with P�� 11• wsUsfy� / 1�
Section 5.17 of the Home Rule Charter; and,I .......... / (/
to provide for the effective date hereof. i �:'NJ ERA , //
:PASSED: December 5,2006, 7-0 $ •, Subscribed in y presence and sworn to before
APPROVED BY: I t:
MIKE FAHEY 12/7/06' 1, �, r, NOTAR 3 7 me this 13th / - day of
MAYOR OF THE / MISS
CITY OF OMAHA , EXPIREBS
I BUSTER BROWN, A.*itioaal Copies :` Dece I ,)er 20 06
City Clerk t ' __.,�2L,, rn.O �7 /
•
1,1% ,e aF NE��P • Notary Public•�/A.,�f•Iire'glas County,
\k S,; of Nebraskai'
9.
IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
ORDINANCE NO. 3 2(j 6(,
PAGE 3
Section 5. This Ordinance does not alter any restrictions on the sale, distribution,
consumption, or possession of alcohol otherwise provided by law or ordinance on any premises
other than as expressly altered herein.
Section 6. This Ordinance is not legislative in character and shall be effective
immediately upon passage in accordance with Omaha Home Rule Charter section 2.12.
INTRODUCED BY COUNCILMEMBER
C7j144 APPROVED BY:
)1NA f'.►-�f /,2/,
MAYOR OF THE CIOY OF OMAHA DATE
PASSED DEC _ 5 2006 el`a gas` &z /, 7,�,,,y, 4, �/o,L�t/149(4,4 4h%(
6;
, c5' eccsb/), Q/l�l'Ti
ATTEST: - j f
. 1 -70 '73A'
CIT CLERK OF TH CITY OF OMAHA DATE
APPROV S TO RM:
CITY ATTO DATE
P:\LAW1\14717pjm.doc
RECEIVED
LAW DEPARTMENT
REQUEST TO LAW LAW DEPARTMENT USE ONLY:
2006 NOV -3 AM I I: 26
LOG BOOK# 218-06 = CITY CLERK
TO: Paul Kratz, City Attorney DATE ASSIGNED 11/3/06
DATE: November 3, 2006 ASSIGNED TO Mumgaard
REQUEST BEING MADE BY: DATE ANSWERED . \\\p- LY.p
Buster Brown City Clerk 5557
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FRO DATE RECEIVED BY L AW DEPARTMENT
November 14, 2006 City Council Agenda
REQUEST FOR: Ordinance
(State Specifically What You Are Requesting)
REQUEST DETAILS:
Hy-Vee Food Stores, 9707 "Q" Street, has requested the ability to sell liquor at their
stores early on Sunday, December 24 and Sunday, December 31, 2006, starting at 6:00
a.m. Please provide an ordinance for the November 14, 2006 agenda- to allow this,
similar to the ordinance we did for St. Patrick's Day a few years ago. In the cover letter,
you can state that we are doing this at the request of Hy-Vee, but it will apply to any
store for package sales, if they want to get a special designated license.
INFORMATION ATTACHED: YES NO x NONE AVAILABLE
Municipal Code sections 15-60
through 15-65, the Omaha City Clerk is hereby designated as the agent of the City Council to
determine whether a special designated license allowing the sale of alcohol before noon on
December 24, 2006, and/or December 31, 2006, is approved or denied pursuant to the Nebraska
Liquor Control Act and Omaha ordinances. Applicants for such special designated licenses shall
have the rights of review granted by Omaha Municipal Code section 15-64. Applications for
such special designated licenses must be submitted to the City Clerk no later than December 7,
2006.
se
special designated licenses. Further, licensees receiving this additional sales privilege will have
to pay an additional $55.00 in occupation taxes for each extra day. This is the maximum
occupation tax amount state law allows the City to collect.
All applications must be submitted in time to meet the state's requirement that it receive
applications at least 10 days in advance of the event. The state would also have to waive its
requirement that licensees holding a catering license must submit their applications at least 21
days in advance.
Respec 1 submitted,
Thomas O. Mumgaard
Deputy City Attorney
•
P:\LAW 1\14716pjm.doc
stice Assistance for;
;the period of October 1, 2005 to September. That said N•w a er duringthat time was regularly published and
30, 2009; to authorize payment from such' y
'grant fundingand involvingappropriations �"
in gen• •::-- c'µ tti h.in the County of Dougl ,.and State of Nebraska.
of more than one year in conformity with P�� 11• wsUsfy� / 1�
Section 5.17 of the Home Rule Charter; and,I .......... / (/
to provide for the effective date hereof. i �:'NJ ERA , //
:PASSED: December 5,2006, 7-0 $ •, Subscribed in y presence and sworn to before
APPROVED BY: I t:
MIKE FAHEY 12/7/06' 1, �, r, NOTAR 3 7 me this 13th / - day of
MAYOR OF THE / MISS
CITY OF OMAHA , EXPIREBS
I BUSTER BROWN, A.*itioaal Copies :` Dece I ,)er 20 06
City Clerk t ' __.,�2L,, rn.O �7 /
•
1,1% ,e aF NE��P • Notary Public•�/A.,�f•Iire'glas County,
\k S,; of Nebraskai'
9.
IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
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Liquor Control Act and Omaha ordinances. Applicants for such special designated licenses shall
have the rights of review granted by Omaha Municipal Code section 15-64. Applications for
such special designated licenses must be submitted to the City Clerk no later than December 7,
2006.
se
special designated licenses. Further, licensees receiving this additional sales privilege will have
to pay an additional $55.00 in occupation taxes for each extra day. This is the maximum
occupation tax amount state law allows the City to collect.
All applications must be submitted in time to meet the state's requirement that it receive
applications at least 10 days in advance of the event. The state would also have to waive its
requirement that licensees holding a catering license must submit their applications at least 21
days in advance.
Respec 1 submitted,
Thomas O. Mumgaard
Deputy City Attorney
•
P:\LAW 1\14716pjm.doc
stice Assistance for;
;the period of October 1, 2005 to September. That said N•w a er duringthat time was regularly published and
30, 2009; to authorize payment from such' y
'grant fundingand involvingappropriations �"
in gen• •::-- c'µ tti h.in the County of Dougl ,.and State of Nebraska.
of more than one year in conformity with P�� 11• wsUsfy� / 1�
Section 5.17 of the Home Rule Charter; and,I .......... / (/
to provide for the effective date hereof. i �:'NJ ERA , //
:PASSED: December 5,2006, 7-0 $ •, Subscribed in y presence and sworn to before
APPROVED BY: I t:
MIKE FAHEY 12/7/06' 1, �, r, NOTAR 3 7 me this 13th / - day of
MAYOR OF THE / MISS
CITY OF OMAHA , EXPIREBS
I BUSTER BROWN, A.*itioaal Copies :` Dece I ,)er 20 06
City Clerk t ' __.,�2L,, rn.O �7 /
•
1,1% ,e aF NE��P • Notary Public•�/A.,�f•Iire'glas County,
\k S,; of Nebraskai'
9.
IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
. 3/
r l NOTICE TO PUBLIC—'7 . THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on November 21, OF O�/�A u A
2006, at 2:00 p.m., in the Legislative' • 1�J.['�/1A
'Chambers, Omaha/Douglas Civic Center,
- 1819 Farnam Street, at which hearing all RONALD A. HENNINGSEN, Publisher
persons interested,may be heard. PROOF OF PUBLICATION
AN ORDINANCE to waive the provisions
of Omaha Municipal Code section 15-21
,of
the sale of alcoholic liquor on.
Sunday morning; to authorize sale of beer, UNITED STATES OF AlVLERI JA, .
wine, and distilled spirits commencing at •
'6:00 a.m. on Sunday, December 24, 2006,. The State of Nebraska, -
'and on Sunday, December 31, 2006; to District of ss.
restrict such sales to the premises of holders 1. Nebraska,of special designated licenses for those County of Douglas, ,
`dates;to establish an application procedure; City of Omaha, • I
to require payment of an additional $55.00 •
per day occupation tax; and to provide an
effective date immediately upon passage. J.BOYD '
WHEREAS, Nebraska Revised Statutes
section 53-179 provides that, except as
• being duly sworn,deposes and says that she is
¶allowed by ordinance, no alcoholic liquor
'may be sold at retail or dispensed between
- the hours of 6:00 a.m. and 12:00 noon on • LEGAL EDITOR
'Sundays and limits such ordinances to' -
['allowing the sale of beer and wine;and, 1 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
WHEREAS, 115)Nebraska Revised Staebrasks published dailyin the English language, havinga bona fide paid
section 53-124.1115) authorizes the Nebraska g
'Liquor Control Commission to permit circulation in Douglas County in excess of 300 copies, printed in
• 'ordinances that exempt the holder of a Omaha in said County of Douglas,for more than fifty-two weeks last
`special designated license from the limitation +
'on the sale of alcoholic liquor other than past;.that the printed notice hereto attached was published in THE
beer and wine before noon on Sunday; and,
WHEREAS, Omaha Municipal Code' DAILY RECORD,of Omaha,on
'section 15-2 provides that alcoholic liquor ,
'may not be sold within the City before 12:00 November 17, 2006
,noon on Sundays; and, . - .`
• WHEREAS, it is the desire of this City
Council to allow the holders of special . •
.
'designated licenses within the City to sell and -
'dispense alcoholic liquors on their licensed , .
premises beginning at 6:00 a.m.on Sunday, .
December 24, 2006, and on Sunday ,That .:.ap—"I�` '�,.aner during that time was gularly published and
December 31,2006. �l cIY• A,.. the Countyof Doug
d State of Nebraska.
BUSTER BROWN, in g'r- `Z� g ,
E City Clerk i •��RA� 'I
j "(PO
'7` lI Subscribed in presence and sworn to before
i No �sS\oN 31•. 4i ' 17th
•P!d.li4er't 1RE$ -me this day of
- �i *•• Vs? November 06
- A.�;•tioilal Copies o., - 20
111 MAY6; '• �� 0
r
, .`I,Z\` �� Notary Public in o g County,
��\No.. St Ne r a
e Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/edstates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent. Alta'
OW FORM 4000/2(REV.4.88)
b activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity.
47;
OJP FORM 40002(REV.4-88)
t
ONiN l.376• THE DAILY RECORD
ORDINANCE NO.37566�
• ORDINANCE toal waiCode the t on 15-2 OF OMAHA
of Omaha Municipal Code section 15-2
prohibiting the sale of alcoholic liquor on
Sunday morning; to authorize sale of beer, RONALD A. HENNINGSEN wine, and distilled spirits commencing at , Publisher
6:00 a.m. on Sunday, December 24, 2006,, PROOF OF PUBLICATION
and on Sunday, December 31, 2006; to',
restrict such sales to the premises of holders' --
of special designated licenses for those UNITED STATES OF AMERICA,
dates;to establish an application procedure,
to require payment of an additional $55.00 The-State of Nebraska,
per day occupation tax; and to provide an SS.
effective date immediately upon passage. District of Nebraska,
WHEREAS, Nebraska Revised Statutes, County of Douglas,
section 53-179 provides that, except as
r• allowed by ordinance, no alcoholic liquor City of Omaha,
may be sold at retail or dispensed between
the hours of 6:00 a.m. and 12:00 noon on
Sundays .and limits such ordinances to,, J.BOYD
allowing the sale of beer and wine;and,
WHEREAS, Nebraska Revised Statutes being duly sworn,deposes and says that she is
section 53-124.1115) authorizes the Nebraska
Liquor Control Commission to permit LEGAL EDITOR
ordinances that exempt the holder of a
special designated license from the limitation of THE DAILY RECORD, of Omaha,on the sale of alcoholic liquor other than a legal newspaper, printed and
beer and wine before.noon•on Sunday; and„ published daily in the English•language, having a•bona fide paid
WHEREAS, Omaha Municipal Code circulation in. Douglas Countyin excess of 300 copies, printed in
section 15-2 provides that alcoholic liquor �,
may not be sold within the City before 12:00 Omaha,in said County of Douglas,for more than fifty-two weeks last
noon on Sundays;and,
WHEREAS, it is the desire of this city past; that the printed notice hereto attached was published in TILE
Council to allow the holders of special
designated licenses within the City to sell and! DAILY RECORD,of Omaha,on
dispense alcoholic liquors on their licensed, a
'premises beginning at 6:00 a.m.on Sunday,' December 15 , 2006
December 24, 2006, and on Sunday' • _
December 31, 2006.
SUMMARY: .
AN ORDINANCE to waive the provisions'
of Omaha Municipal Code section 15-2 -
prohibiting the sale of alcoholic liquor on
Sunday morning; to authorize sale of beer, That s ' ewspaper during'that time w regularly published and
wine, and distilled spirits commencing at in. - p�pBB' n in the Countyof Do -State of Nebraska.
6:00 a.m. on Sunday, December 24, 2006, ftfp `1*
and on Sunday, December 31, 2006; to PQ- •••• . , '(C�•`)•
restrict such sales to the premises of holders {1ERA, 1 _ __ _
of special designated licenses for those �Y _
dates;to establish an application procedure; Subscribed' resence and sworn before
to require payment of an additional $55.00 TARP
per day occupation tax; and to provide an tbish � eS(ON$ me this 13 th day of
effective date immediately upon passage. 7C • F p1RES 20 6
WHEREAS, Nebraska Revised Statutes' dditional^Copies $ ' Decem',er
section 53-179 provides that, except as 10 I
allowed by ordinance, no alcoholic liquor d,`I� 0 1
may be sold at retail or dispensed between l•pL''.
the hours of 6:00 a.m. and 12:00 noon on 9/C OF��g`` Notary Public• . fpf� yrCOunty,
Sundays and limits such ordinances to.; Sf e of Nebrask
��allowing the sale of beer and wine;and, - . - - -. - - - - - - - - - -- - -- - _-. _
WHEREAS, Nebraska Revised 'Statutes`
section 53-124.11(5) authorizes the Nebraska''
Liquor Control Commission to permit -
ordinances that exempt the holder of a
special designated license from the limitation _
;on the sale of alcoholic liquor other than
,beer and wine before noon on Sunday; and,
WHEREAS, Omaha Municipal Code
.section 15-2 provides that alcoholic liquor
may not be sold within the City before 12:00
noon on Sundays; and,
WHEREAS, it is the desire of this City
Council to allow the holders of special
designated licenses within the City to sell and
dispense alcoholic liquors on their licensed
premises beginning at 6:00 a.m.on Sunday,
,December 24, 2006, and on Sunday
December 31, 2006.
,PASSED: December 5,2006, 5-2 •
APPROVED BY: _
,MIKE FAHEY . 12/7/06
MAYOR OF THE
CITY OF OMAHA
f BUSTER BROWN,
City Clerk
12-13-06 _
47;
OJP FORM 40002(REV.4-88)