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ORD 37412 - Add Article VIII to Chapter 12 re prohibition on smoking in workplaces and public gathering places .. < J °`�P, keccii/ei �-i `' '/ Q V7 CQ._ Law Department , Omaha/Douglas Civic Center ® I�Ci 1 '�1 rF 3 .1c7 ` 9ale i.e?oeo 1819 Famam Street,Suite 804 64. ' 1 2,.Zi 4r, Omaha,Nebraska 68183-0804 o 4 (402)444-5115 4/-FD FEB03 Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney 6/, / ! - Honorable President • and Members of the City Council, • The purpose of the attached Ordinance, prepared at the request of Councilmember Franklin Thompson and Counlgember Jim Suttle, is to add a new article VIII. to Chapter 12 to prohibit �.0 smoking in public 'laces an6"places of employment with an exception until May 2011 for certain types of establishments (stand alone bars, keno establishments, horseracing simulcasting locations and tobacco retail outlets). Respectfully submitted, A. Cavel Assistant City Attorney P:\LAW 1\6665sap.doc ng that the City negotiate with the being duly sworn,deposes and says that she is property owners for land acquisition; providing that as to each specified parcel LEGAL EDITOR which cannot be obtained by negotiation, condemnation proceedings be undertaken of THE DAILY RECORD, of Omaha, a legal newspaper, printed and and completed; and, providing for the effective date hereof. published daily in the English language, having a bona fide paid PASSED: June 20,2006, 7-0 circulation in Douglas County in excess of 300 copies, printed in APPROVED BY: MIKE FAHEY 6/22/06 Omaha,in said County of Douglas,for more than fifty-two weeks last MAYOR OF THE past; that theprinted notice hereto attached was published in THE CITY OF OMAHA BUSTER BROWN, DAILY RECORD,of Omaha,on City Clerk. 6-26-06 June 2 8 , 2006 Tha ' I Ne ,during that time was regularly published and in g e i , i l�t a County of Douglas, d State of Nebraska. NOTARY Subscribed in my sense and sworn to before *E COMMISSION s*' EXPlRFS2 5y1me this 28rh 1 day of Pu ishk's Fee O . 'Addi 4i.U.d lets 2�\•* Q 20__Clb Notary Public in a . . J%.Vas ounty, State ., 'eb a `a eplat 5 Lot 3 is substituted in its place. 7. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 4 is substituted in its place. 8. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 5 is substituted in its place. 9. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 6 is substituted in its place. 10. Exhibit C to the original agreement is repealed in its entirety and the attached Exhibit C is substituted in its place. 1 of 2 z� rC 0y0 m 3Z m > qm m D0 = 0- m� ZD ln0 Z mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 3 7 0/L 1 AN ORDINANCE to add to Chapter 12, "Health and Sanitation", a new Article VIII. entitled 2 "Prohibition on Smoking in Workplaces and Public Gathering Places" to prohibit 3 smoking in workplaces and public gathering places; to state findings and intent; to 4 specify definitions; to create exceptions, to require signage; to prohibit retaliation; to 5 provide duties and procedures for enforcement; to create penalties; to add a severability 6 clause; to repeal sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal 7 Code; and to provide an effective date. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 9 Section 1. That a new Article VIII. entitled "Prohibition on Smoking in Workplaces and 10 Public Gathering Places" shall be added to Chapter 12, "Health and Sanitation", which shall read 11 as follows: 12 "Article VIII. Prohibition on Smoking in Workplaces and Public Gathering Places 13 Sec. 12-160. Intent. 14 The city council hereby declares that the purposes of this ordinance are: (1) to protect the 15 by public health and welfare prohibitingsmoking in public gathering places and places of 16 employment; and (2) to guarantee the right of employees, residents, and visitors to breathe 17 smoke free air, and to recognize that the need to breathe smoke free air shall have priority over 18 the desire to smoke. 19 Sec. 12-161. Definitions. 20 For the purposes of this article, the following words and phrases, whenever used in this article, 21 shall have the meaning specified herein: 22 1. Bar means a Business establishment that serves alcoholic beverages and may or may 23 not provide Limited Food Service, including but not limited to, taverns, nightclubs, 24 cocktail lounges, and cabarets. 25 2. Business means a sole proprietorship, partnership, joint venture, corporation, or other 26 such entity, either for-profit or not-for-profit, including retail establishments where 27 goods or services are sold; professional corporations and other entities where legal, Subscribed in my sense and sworn to before *E COMMISSION s*' EXPlRFS2 5y1me this 28rh 1 day of Pu ishk's Fee O . 'Addi 4i.U.d lets 2�\•* Q 20__Clb Notary Public in a . . J%.Vas ounty, State ., 'eb a `a eplat 5 Lot 3 is substituted in its place. 7. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 4 is substituted in its place. 8. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 5 is substituted in its place. 9. Exhibits B1-Replat 3 Lot 2 to the original agreement is repealed in its entirety and the attached Exhibit B1- Replat 5 Lot 6 is substituted in its place. 10. Exhibit C to the original agreement is repealed in its entirety and the attached Exhibit C is substituted in its place. 1 of 2 z� rC 0y0 m 3Z m > qm m D0 = 0- m� ZD ln0 Z mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) 1 • ;ORDINANCE NO. 3 7Cl/ Page 2 1 medical, dental, engineering, architectural, or other professional services are delivered; 2 and Private Clubs. 3 3. Employee means a person who is employed by an Employer in consideration for direct 4 or indirect monetary wages or profit, and a person who volunteers his or her services 5 for a non-profit entity. 6 4. Employer means a person, Business, partnership, association, corporation, including a 7 municipal corporation, trust, or non-profit entity that employs the services of one or 8 more individual persons. 9 5. Enclosed Area means all space between a floor and ceiling that is contained on all sides 10 by walls (exclusive of doorways) or windows, either permanent or temporary, which 11 extend from the floor to the ceiling. 12 6. Health Care Facility means an office or institution providing care or treatment of 13 diseases, whether physical, mental, or emotional, or other medical, physiological, or 14 psychological conditions, including but not limited to, hospitals, rehabilitation hospitals 15 or other clinics, including weight control clinics, nursing homes, homes for the aging or 16 chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, 17 massage therapists, physicians, dentists, and all specialists within these professions. 18 This definition shall include all waiting rooms, hallways, private rooms, semiprivate 19 rooms, and wards. 20 7. Limited Food Service means serving or otherwise providing only snack items or 21 commercially prepared and wrapped foods that require little or no preparation. 22 8. Place of Employment means an area under the control of a public or private Employer 23 that Employees normally frequent during the course of employment, including, but not 24 limited to, work areas, employee lounges, restrooms, conference rooms, meeting 25 rooms, classrooms, employee cafeterias, hallways, and commercial vehicles. A private 26 residence is not a "Place of Employment" unless it is used as a childcare, adult day 27 care, or Health Care Facility. 28 9. Private Club means an organization, whether incorporated or not, which is the owner, 29 lessee, or occupant of a building or portion thereof used exclusively for club purposes 30 at all times, which is operated solely for a recreational, fraternal, social, patriotic, 31 political, benevolent, or athletic purpose, but not for pecuniary gain, and which only 32 sells alcoholic beverages incidental to its operation. The affairs and management of the 33 organization are conducted by a board of directors, executive committee, or similar 34 body chosen by the members at an annual meeting. The organization has established 35 bylaws and/or a constitution to govern its activities. The organization has been granted Replat 5 Lot 6 is substituted in its place. 10. Exhibit C to the original agreement is repealed in its entirety and the attached Exhibit C is substituted in its place. 1 of 2 z� rC 0y0 m 3Z m > qm m D0 = 0- m� ZD ln0 Z mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 3 7 411/- Page 3 1 an exemption from the payment of federal income tax as a club under 26 U.S.C. 2 Section 501 3 10. Public Gathering Place means an Enclosed Area used by the general public; or serving 4 as a Place of Employment to which the public is invited or in which the public is 5 permitted, including but not limited to, banks, Bars, educational facilities, Health Care 6 Facilities, laundromats, public conveyances and public transportation facilities, 7 reception areas, Restaurants, retail service establishments, retail stores, Shopping Malls, 8 Sports Arenas, theaters, Private Clubs, and waiting rooms. A private residence is not a 9 "Public Gathering Place" unless it is used as a childcare, adult day care, or Health Care 10 Facility. 11 11. Restaurant means any Public Gathering Place which is kept, used, maintained, 12 advertised, and held out to the public as a place where meals are served and where 13 meals are actually and regularly served for compensation; which has no sleeping 14 accommodations; and which has kitchen and dining room equipment and Employees to 15 prepare, cook, and serve food to customers. Restaurants do not include retail stores 16 where food is sold. Restaurants include but are not limited to, coffee shops, cafeterias, 17 sandwich stands, and private and public school cafeterias, which gives or offers for sale 18 food to the public, guests, or Employees, as well as kitchens and catering facilities in 19 which food is prepared on the premises for serving elsewhere. The term "Restaurant" 20 shall include a Bar area within the Restaurant. 21 12. Shopping Mall means an enclosed public walkway or hall area that serves to connect 22 retail or professional establishments. 23 13. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, 24 pipe,plant, or other tobacco product in any manner or in any form. 25 14. Sports Arena means sports pavilions, stadiums, gymnasiums, health spas, boxing 26 arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places 27 where members of the general public assemble to engage in physical exercise, 28 participate in athletic competition, or witness sports or other events. 29 15. Tobacco Retail Outlet means a store that sells tobacco and tobacco related products and 30 may sell other products that are incidental to the tobacco sales. 31 16. Tobacco Only Retail Outlet means a store that sells only tobacco and products directly 32 related to tobacco. Products that are not allowed to be sold include, but are not limited 33 to, alcohol by the drink, off-sale package alcohol, candy,pop, groceries and gasoline. ers at an annual meeting. The organization has established 35 bylaws and/or a constitution to govern its activities. The organization has been granted Replat 5 Lot 6 is substituted in its place. 10. Exhibit C to the original agreement is repealed in its entirety and the attached Exhibit C is substituted in its place. 1 of 2 z� rC 0y0 m 3Z m > qm m D0 = 0- m� ZD ln0 Z mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 3 7 c/ .- . Page 4 1 Sec. 12-162. Application of Article to City-Owned or Operated Facilities. 2 All enclosed facilities, including buildings and vehicles owned, leased, or operated by the 3 city shall be subject to the provisions of this article. 4 5 Sec. 12-163. Prohibition of Smoking in Public Gathering Places. 6 7 Smoking shall be prohibited in all enclosed Public Gathering Places within the City from 8 and after October 2, 2006. 9 10 Sec. 12-164. Prohibition of Smoking in Places of Employment. 11 Smoking shall be prohibited in all enclosed facilities within Places of Employment from 12 and after October 2, 2006. This includes common work areas, auditoriums, classrooms, 13 conference and meeting rooms, reception areas, private offices, elevators, hallways, medical 14 facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. 15 This prohibition on Smoking shall be communicated to all existing Employees before 16 October 2, 2006 and to all prospective Employees upon their application for employment. 17 Sec. 12-165. Where Smoking is Not Regulated. 18 Notwithstanding any other provision of this article to the contrary, the following areas 19 shall be exempt from the provisions of Sections 12-163 and 12-164: 20 21 1. Private residences, except when used as a licensed childcare, an adult day care or 22 Health Care Facility. 23 24 2. Hotel and motel rooms that are rented to guests and are designated as smoking 25 rooms; provided, however, that not more than twenty percent (20%) of rooms 26 rented to guests in a hotel or motel may be so designated. All smoking rooms on the 27 same floor must be contiguous and smoke from these rooms must not infiltrate into 28 areas where Smoking is prohibited under the provisions of this Article. The status 29 of rooms as Smoking and nonsmoking may not be changed, except to add 30 additional nonsmoking rooms. 31 32 3. Private and semiprivate rooms in nursing homes and long-term care facilities that 33 are occupied by one (1) or more persons, all of whom are smokers and have 34 requested in writing to be placed in a room where Smoking is permitted; provided 35 that smoke from these places does not infiltrate into areas where Smoking is 36 prohibited under the provisions of this Article. 37 38 4. Outdoor areas of places of employment except those covered by the provisions of 39 Sections 12-164. 40 41 5. As part of a study conducting research into the health effects of Smoking in a 42 scientific or analytical laboratory either governed by state or federal law or at a r a constitution to govern its activities. The organization has been granted Replat 5 Lot 6 is substituted in its place. 10. Exhibit C to the original agreement is repealed in its entirety and the attached Exhibit C is substituted in its place. 1 of 2 z� rC 0y0 m 3Z m > qm m D0 = 0- m� ZD ln0 Z mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) .ORDINANCE NO. 3 7 c/i Page 5 1 college or university approved by the Nebraska Coordinating Commission for Post 2 Secondary Education. The proprietor shall post a temporary sign on all entrances to 3 the laboratory indicating that Smoking is being allowed for the purposes of 4 research. 5 6 6. Tobacco Only Retail Outlets that are separately housed from any entity required to 7 be smoke free under this Ordinance are exempt from the provisions hereunder. This 8 exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying 9 the public that smoking is permitted in the establishment must be posted 10 conspicuously on all entrances normally used by the public. The signs must have at 11 least one-inch tall block lettering and be posted at a height and location easily seen 12 by a person before entering. The signs shall say, "Smoking permitted inside". 13 Sec. 12-165.1 Where Smoking is Not Regulated until May 14, 2011. 14 15 Notwithstanding any other provision of this article to the contrary, the following areas 16 shall be exempt from the provisions of Sections 12-163 and 12-164 until May 14, 2011: 17 18 1. Stand alone Bars providing only Limited Food Service that are separately housed 19 from any entity required to be smoke free under this Ordinance are exempt from the 20 provisions hereunder until May 14, 2011. This exemption will terminate if smoke 21 infiltrates a nonexempt entity. Signs notifying the public that smoking is permitted 22 in the establishment must be posted conspicuously on all entrances normally used 23 by the public. The signs must have at least one-inch tall block lettering and be 24 posted at a height and location easily seen by a person before entering. The signs 25 shall say, "Smoking permitted inside". 26 27 2. Up to two main or mini-main keno locations meeting criteria b through f below are 28 exempt from the provisions of this ordinance until May 14, 2011. Keno sales outlet 29 locations meeting all of the following criteria shall similarly be exempt from the 30 provisions hereunder until such date: 31 32 a. The location shall have applied to the City on or before June 8, 2006 to be 33 a keno sales outlet location, provided that a transfer of ownership 34 application filed after such date shall not terminate an exemption granted 35 by this provision. 36 b. The location shall have been approved by the City as a keno location. 37 c. The location shall actively offer keno to its customers. 38 d. Signs notifying the public that smoking is permitted in the establishment 39 must be posted conspicuously on all entrances normally used by the 40 public. The signs must have at least one-inch tall block lettering and be 41 posted at a height and location easily seen by a person before entering. 42 The signs shall say"Smoking permitted inside. 43 e. No smoke from the location shall infiltrate a nonexempt entity. mm z mm =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • ORDINANCE NO. 3 7 cJ/-1- . Page 6 1 3. Any Public Gathering Place which is conducting or simulcasting horseracing at a 2 designated place, or conducting interstate horserace simulcasting. Providing that it 3 is separately housed from any entity required to be smoke free under this 4 Ordinance are exempt from the provisions hereunder until May 14, 2011. This 5 exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying 6 the public that smoking is permitted in the establishment must be posted 7 conspicuously on all entrances normally used by the public. The signs must have 8 at least one-inch tall block lettering and be posted at a height and location easily 9 seen by a person before entering. The signs shall say"Smoking permitted inside" 10 11 4. Tobacco Retail Outlets that are separately housed from any entity required to be 12 smoke free under this Ordinance are exempt from the provisions hereunder until 13 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 14 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 15 permitted in the establishment must be posted conspicuously on all entrances 16 normally used by the public. The signs must have at least one-inch tall block 17 lettering and be posted at a height and location easily seen by a person before 18 entering. The signs shall say, "Smoking permitted inside". 19 20 This section shall not be interpreted or construed to permit Smoking where Smoking is 21 otherwise restricted by other applicable laws. This exemptions granted by this section 12-165.1 22 shall automatically terminate on May 14, 2011, the places described in this section shall be fully 23 subject to Sections 12-163 and 12-164 on and after May 14, 2011, and this section shall be of no 24 further force or effect after May 14, 2011. 25 26 Sec. 12-166. Declaration of Establishment as Nonsmoking, 27 28 Notwithstanding any other provision of this article, an owner, operator, manager, or other 29 person in control of an establishment, facility, or outdoor area may declare that entire 30 establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in 31 any place in which a sign conforming to the requirements of Section 12-168 is posted. 32 33 Sec. 12-167. Posting of Signs. 34 35 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • .ORDINANCE NO. 3 7 4/A . Page 7 1 Sec. 12-168. Non-retaliation; non-waiver of rights. 2 (a) No person or Employer shall discharge, refuse to hire, or in any manner retaliate 3 against an Employee, applicant for employment, or customer because that Employee, 4 applicant, or customer exercises any rights afforded by this Article or reports or 5 complains of a violation of this Article. 6 (b) An Employee who works in a setting where an Employer allows Smoking does not 7 waive or otherwise surrender any legal rights the Employee may have against the 8 Employer or any other party. 9 Sec. 12-169. Enforcement. 10 (a) This article shall be primarily enforced by the Omaha Police Department or any other 11 law enforcement agency that has enforcement jurisdiction. 12 (b) Notice of the provisions of this Article shall be given to all applicants for a business 13 license in the city. 14 (c) Any citizen who desires to register a complaint under this article may initiate 15 enforcement with the Omaha Police Department or any other law enforcement agency that has 16 enforcement jurisdiction. 17 (d) An owner, manager, operator, or Employee of an establishment regulated by this 18 article shall inform persons violating this article of the appropriate provisions thereof. 19 Sec. 12-170. Violation and Penalties. 20 (1) Any person who smokes in an area where Smoking is prohibited pursuant to the 21 provisions of this article, shall be punished, upon conviction of violating the 22 provisions of this Article, as follows; 23 (a) for a first offense, by a minimum fine of$100 24 (b) for a second offense, by a minimum fine of$200 25 (c) for a third or subsequent offense,by a fine of$500 26 (2) Any person that owns, manages, operates, or otherwise controls a Public Gathering 27 Place or Place of Employment upon whom a duty is placed by the provisions of this 28 Article who shall fail, neglect, or refuse to perform such duty or who shall knowingly 29 violate any of the provisions hereof, shall be punished, upon conviction of violating 30 the provisions of this Article, as follows; 31 (a) for a first offense, by a written warning 32 (b) for a second offense, by a fine of$100 33 (c) for a third offense, by a fine of$200 34 (d) for a fourth or subsequent offense, by a fine of$500 34 35 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 3 -77/)- , Page 8 1 Each day on which a violation of this Article occurs shall be considered a separate and 2 distinct violation. 3 (3) Every act or omission constituting a violation of the provisions of this Article by an 4 officer, manager, supervisor, agent or Employee of any proprietor, if said act or 5 omission is made with the authorization, knowledge, or approval of the proprietor, 6 shall be deemed and held to be the act or omission of such proprietor, and said 7 proprietor shall be punished in the same manner as if said act or omission had been 8 committed by such proprietor personally. 9 Sec. 12-171. Additional Penalty. 10 11 In addition to the penalties authorized by section 1-10, repeated violation of any 12 provision of this article by a person who owns, manages, operates, or otherwise controls a Public 13 Gathering Place or Place of Employment may result in the suspension or revocation of any 14 permit or license issued to the person for the premises on which the violation occurred. 15 16 Sec. 12-172. Severability. 17 18 If any provision, clause, sentence, or paragraph of this Article or the application thereof 19 to any person or circumstances shall be held invalid, that invalidity shall not affect the other 20 provisions of this Article which can be given effect without the invalid provision or application, 21 and to this end the provisions of this Article are declared to be severable." 22 23 Section 2. That Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 24 amended to read as follows: 25 Sec. 20 274. Smoking in large retail stores. 26 27 It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe, or 28 match or to use any fire producing device in any retail store designed and arranged to 29 accommodate more than 100 persons, or in which more than 25 pers „c are employed; 30 provided, however, that this section shall not apply to designated smoking rooms or 31 restrooms, restaurants, executive offices, beauty parlors or barbershops located within 32 ; 33 provided, further, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 3 Page 9 1 Sec. 20 275. Smoking on buses. 2 3 It shall be unlawful for any person, while riding in or upon a street railway car, service 4 car or motor bus operated upon the public streets, avenues and boulevards of the city, to 5 smoke any cigar, pipe, or cigarette or to burn any tobacco or carry a lighted cigar, pipe, or 6 , 7 motor bus may smoke in said vehicles when there are no passengers on same while 8 waiting at the end of the line or route to resume their schedule. 9 10 Section 4. That Sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code 11 as heretofore existing are hereby repealed. 12 Section 5. That this Ordinance shall be in full force and take effect fifteen (15) days from 13 and after its date of passage. INTRODU I = OUNCII.BER illaLiP i.,er t+i A APPROVED BY: 4.0 .101111.. AYOR OF THE C OF OMAHA ATE PASSED.J N N 2 I 11-• GLA ei nde�G (v -/ /lJ GveJch, �� ATTEST: 7 2006 y/ o o� Zo/ea,� s//a'a Dom! O i,�a/ass a.60,)7e 1./��D4 G!//1fjAo///q,fz 2 C Y CLERK 0 HE CITY OF OMAHA DATE • APPROVED AS TO FORM: C/A 6 CITY ATTORNEY DATE P:\LAW1\14131pjm.doc isions of this Article which can be given effect without the invalid provision or application, 21 and to this end the provisions of this Article are declared to be severable." 22 23 Section 2. That Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 24 amended to read as follows: 25 Sec. 20 274. Smoking in large retail stores. 26 27 It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe, or 28 match or to use any fire producing device in any retail store designed and arranged to 29 accommodate more than 100 persons, or in which more than 25 pers „c are employed; 30 provided, however, that this section shall not apply to designated smoking rooms or 31 restrooms, restaurants, executive offices, beauty parlors or barbershops located within 32 ; 33 provided, further, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) t 7 ' r.i ;...f" ,. . t IN THE DISTRICT COURT, DOUGLAS COUNTY, NEBRASKA �'" '"` F'"�...� Michelle Hug and Henstock, Inc. City of Omaha • SUMMONS BY CERTIFIED MAIL DOC. 1063 NO. 251 STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) This is to notify City of Omaha Defendant that you have been sued by Michelle Hug and Henstock, Inc . Plaintiff in the District Court of said County, and that in order to defend the lawsuit you must file an appropriate written response in the Office of the Clerk of said Court within thirty days after service of Summons and Complaint in answer to the Complaint said Plaintiff filed against you or such Complaint will be taken as true and judgment rendered accordingly for the relief demanded in the attached Complaint . RETURN of this Summons is due within ten days after return of the signed receipt . WITNESS my signature and the Seal of said Court at Omaha and issued this 19th day of July, 2006 . RUDY J. TESA CLERK BY: Deput ATTORNEY FOR PLAINTIFF: NAME: K.C. Engdahl ADDRESS : 1625 Farnam Street Suite 300 Omaha, NE 68102 PHONE: (402) 934-9499 out the invalid provision or application, 21 and to this end the provisions of this Article are declared to be severable." 22 23 Section 2. That Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 24 amended to read as follows: 25 Sec. 20 274. Smoking in large retail stores. 26 27 It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe, or 28 match or to use any fire producing device in any retail store designed and arranged to 29 accommodate more than 100 persons, or in which more than 25 pers „c are employed; 30 provided, however, that this section shall not apply to designated smoking rooms or 31 restrooms, restaurants, executive offices, beauty parlors or barbershops located within 32 ; 33 provided, further, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) 11. This is an action brought for declaratory judgment and relief, pursuant to provisions of Neb. Rev. Stat. § 25-21,149. 12. Venue in the Douglas County District Court is proper and the Court maintains jurisdiction to adjudicate the dispute as hereinafter specified. 13. Plaintiffs constitute a person, within the meaning and intention of Neb. Rev. Stat. § 25-21,150 as a person(s) whose rights, status or other legal relations are affected by a municipal ordinance adopted by the City of Omaha, as hereinafter particularly specified. 14. On June 20, 2006 the members of the Omaha City Council voted to adopt an ordinance, the purpose of which is to prohibit smoking in public places and places of employment, with an exception being provided for certain types of establishments, until May 2011. 15. A true and accurate copy of the ordinance, as adopted by the Omaha City Council is marked as Exhibit A, attached hereto, and incorporated herein by this reference. 16. A true and accurate copy of remittal correspondence accompanying said ordinance, over the signature of Jo A. Cavel, Assistant City Attorney is marked as Exhibit B, attached hereto, and incorporated herein by this reference. 17. Said ordinance, provides, inter alia, that its purposes are: a. To protect the public health and welfare by prohibiting smoking in public places and places of employment; and b. To guarantee the right of employees, residents and visitors to breathe smoke-free air and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. (Article VIII, Section 12-160.) 18. The ordinance further provides, inter alia, that certain specified businesses are exempt from the prohibitory provisions of the ordinance with regard to smoking activity, until May 14, 2011. Exempted facilities include standalone bars, keno establishments, horse racing simulcasting locations, and tobacco retail outlets. (Section 12-165.1) 19. The ordinance was presented to and signed by the mayor of the City of Omaha on June 23, 2006 and has thus been validly enacted and shall be in full force and effect on October 2, 2006 pursuant to Section 5 thereof. 20. By reason of the exemption provided by Section 12-165.1 of the ordinance, over 150 business establishments, which would otherwise be subject to the 2 hapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • 33. The plaintiffs incorporate the allegations contained in paragraphs 1 through 32 as if fully set forth herein. 34. The defendant's actions have served to deprive plaintiffs of their constitutional right of equal protection of the law as specified by the United States Constitution. 35. The defendant's actions in adopting the ordinance at issue were taken under color of law. 36. The defendant's actions as above alleged constitute a violation of provisions of 42 USC § 1983 for which violations plaintiffs are entitled to an award of attorney fees. FOURTH CAUSE OF ACTION 37. The plaintiffs incorporate the allegations contained in paragraphs 1 through 36 as if fully set forth herein. 38. The City of Omaha, as a political entity subservient to the legislature derives all authority to enact ordinances and laws by legislative enactment. 39. The grant of such authority, while encompassing, is limited by requirement that enactments shall be consistent with the general laws of the State of Nebraska. Neb..Rev. Stat. § 14-102.01. 40. In exercising authority to enact ordinances related to public health and welfare, the City acts pursuant to delegated authority to exercise powers held by the state, subject to related constitutional limitations. 41. In consequence of the delegation of legislative authority to the City of Omaha, ordinances passed by the city must respond to the same tests and analysis applicable to statutory enactments. 42. Article III § 18 of the Nebraska Constitution prohibits the Legislature from passing special laws granting corporations or individuals special rights or privileges. 43. As the Legislature's subservient legislative designee, the City of Omaha should be subject to the same limitations and prohibitions as those applicable to the body from where its authority derives. 44. The ordinance, as adopted, creates special privileges and immunities in favor of that class of establishments exempted from current/prospective enforcement of the smoking ban. 4 Omaha on June 23, 2006 and has thus been validly enacted and shall be in full force and effect on October 2, 2006 pursuant to Section 5 thereof. 20. By reason of the exemption provided by Section 12-165.1 of the ordinance, over 150 business establishments, which would otherwise be subject to the 2 hapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. 1 AN ORDINANCE to add to Chapter 12, "Health and Sanitation", a new Article VIR. entitled 2 "Prohibition on Smoking in Workplaces and Public Places" to prohibit smoking in 3 workplaces and public places; to state findings and intent; to specify definitions; to create 4 exceptions, to require signage; to prohibit retaliation; to provide duties and procedures for 5 enforcement; to create penalties; to add a severability clause; to repeal sections 20-274 6 and 20-275 of Chapter 20 of the Omaha Municipal Code; and to provide an effective 7 date. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 9 Section 1. That a new Article VIII. entitled"Prohibition on Smoking in Workplaces and 10 Public Places" shall be added to Chapter 12, "Health and Sanitation", which shall read as 11 follows: 12 "Article VIII. Prohibition on Smoking in Workplaces and Public Places 13 Sec. 12-160. Intent. 14 The city council hereby declares that theputposesvfIhiS-ordinance-°arerfyfitoprotect-the- 15 public health-and welfare by prohibiting smoking in-public_.places->and-places of employments 16 and (2)to guarantee the:right of employees;residents, and visitors...to breathe smoke-free-air;and 17 to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. 18 Sec. 12-161. Definitions. 19 For the purposes of this article, the following words and.phrases, whenever used in this article, 20 shall have the meaning specified herein: 21 1. Bar means a Business establishment that serves alcoholic beverages and may or may 22 not provide Limited Food Service, including but not limited to, taverns, nightclubs, 23 cocktail lounges,and cabarets. 24 2. Business means a sole proprietorship, partnership,joint venture, corporation. or other 25 such entity, either for-profit or not-for-profit, including retail establishments where 26 goods or services are sold; professional corporations and other entities where legal, 27 medical, dental, engineering, architectural, or other professional services are delivered; 28 and Private Clubs. EhIbjtt'A' t to Section 5 thereof. 20. By reason of the exemption provided by Section 12-165.1 of the ordinance, over 150 business establishments, which would otherwise be subject to the 2 hapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: 6, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article, by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 3 1 laundromats, public conveyances and public transportation facilities, reception areas, 2 Restaurants, retail service establishments, retail stores, Shopping Malls, Sports Arenas, 3 theaters, Private Clubs, and waiting rooms. A private residence is not a "Public Place" 4 unless it is used as a childcare, adult day care,or Health Care Facility. 5 11. Restaurant means any Public Place which is kept, used, maintained, advertised, and 6 held out to the public as a place where meals are served and where meals are actually 7 and regularly served for compensation; which has no sleeping accommodations; and 8 which has kitchen and dining room equipment and Employees to prepare, cook, and 9 serve food to customers. Restaurants do not include retail stores where food is sold. 10 Restaurants include but are not limited to, coffee shops, cafeterias, sandwich stands, 11 and private and public school cafeterias, which gives or offers for sale food to the 12 public, guests, or Employees, as well as kitchens and catering facilities in which food is 13 prepared on the premises for serving elsewhere. The term "Restaurant" shall include a 14 Bar area within the Restaurant. 15 12. Shopping Mall means an enclosed public walkway or hall area that serves to connect 16 retail or professional establishments. 17 13. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, 18 pipe,plant, or other tobacco product in any manner or in any form. 19 14. Sports Arena means sports pavilions, stadiums, gymnasiums, health spas, boxing 20 arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places 21 where members of the general public assemble to. engage in physical exercise, 22 participate in athletic competition,or witness sports or other events. 23 15. Tobacco Retail Outlet means a store that sells tobacco and tobacco related products and 24 may sell other products that are incidental to the tobacco sales. 25 16. Tobacco Only Retail Outlet means a store that sells only tobacco and products directly 26 related to tobacco. Products that are not allowed to be sold include, but are not limited 27 to, alcohol by the drink,off-sale package alcohol, candy,pop, groceries and gasoline. 28 Sec. 12-162. Application of Article to City-Owned or Operated Facilities. 29 All enclosed facilities,including_buildings and vehicles owned, leased, or operated by the 30 city shall be subject to the provisions of this article. 31 32 Sec. 12-163. Prohibition of Smoking in Public Places. 33 Smoking shall be prohibited in all enclosed Public Places within the City. 34 35 Sec. 12-164. Prohibition of Smoking in Places of Employment. 36 Smoking shall be prohibited in all enclosed facilities within Places of Employment. This 37 includes common work areas, auditoriums,classrooms,conference and meeting rooms, reception other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. =A m< p� r�iK n n � a� m = H m o m -mC m{ -i i rr1DN� 1 _ mqFA, < r-1 s 2z z„)°' 9rn o �cn _ 8m� N Z zo ajmm i � 0 z�f N D ,� n >> <F AmD � 23:lif. ` � ` ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 5 1 Sec. 12-165.1 Where Smoking is Not Regulated until May 14,2011. 2 3 Notwithstanding any other provision of this article to the contrary, the following areas 4 shall be exempt from the provisions of Sections 12-163 and 12-164 until May 14,2011: 5 6 1. Stand alone Bars providing only Limited Food Service that are separately housed 7 from any entity required to be smoke free under this Ordinance are exempt from the 8 provisions hereunder until May 14, 2011. This exemption will terminate if smoke 9 infiltrates a nonexempt entity. Signs notifying the public that smoking is permitted 10 in the establishment must be posted conspicuously on all entrances normally used 11 by the public. The signs must have at least one-inch tall block lettering and be 12 posted at a height and location easily seen by a person before entering. The signs 13 shall say, "Smokingpermitted inside". 14 15 2. Up to two main or mini-main keno locations meeting criteria b through f below are 16 exempt from the provisions of this ordinance until May 14, 2011. Keno sales outlet 17 locations meeting all of the following criteria shall similarly be exempt from the 18 provisions hereunder until such date: 19 a. The location shall have applied to the City on or before June 8, 2006 to be 20 a keno sales outlet location, provided that a transfer of ownership 21 application filed after such date shall not terminate an exemption granted 22 by this provision. 23 b. The location shall have been approved by the City as a keno location. 24 c. The location shall actively offer keno to its customers. 25 d. Signs notifying the public that smoking is permitted in the establishment 26 must be posted conspicuously on all entrances normally used by the 27 public. The signs must have at least one-inch tall block lettering and be 28 posted at a height and location easily seen by a person before entering. 29 The signs shall say"Smoking permitted inside. 30 e. No smoke from the location shall infiltrate a nonexempt entity. 31 32 3. Any Public Place which is conducting or simulcasting horseracing at a designated 33 place, or conducting interstate horserace simulcasting. Providing that it is 34 separately housed from any entity required to be smoke free under this Ordinance 35 are exempt from the provisions hereunder until May 14, 2011. This exemption 36 will terminate if smoke infiltrates a nonexempt entity. Signs notifying the public 37 that smoking is permitted in the establishment must be posted conspicuously on 38 all entrances normally used by the public. The signs must have at least one-inch 39 tall block lettering and be posted at a height and location easily seen by a person 40 before "Smokinginside" entering. The signs shall say permitted 41 42 4. Tobacco Retail Outlets that are separately housed from any entity required to be 43 smoke free under this Ordinance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 7 1 (c) Any citizen who desires to register a complaint under this article may initiate 2 enforcement with the Omaha Police Department or any other law enforcement agency that has 3 enforcement jurisdiction. 4 (d) An owner, manager, operator, or Employee of an establishment regulated by this 5 article shall inform persons violating this article of the appropriate provisions thereof. 6 Sec. 12-170. Violation and Penalties. 7 (1) Any person who smokes in an area where Smoking is prohibited pursuant to the 8 provisions of this article, shall be punished, upon conviction of violating the 9 provisions of this Article,as follows; 10 (a) for a first offense,by a minimum fine of$100 11 (b) for a second offense,by a minimum fine of$200 12 (c) for a third or subsequent offense,by a fine of$500 13 (2) Any person that owns, manages, operates, or otherwise controls a Public Place or 14 Place of Employment upon whom a duty is placed by the provisions of this Article 15 who shall fail,neglect,or refuse to perform such duty or who shall knowingly violate 16 any of the provisions hereof, shall be punished, upon conviction of violating the 17 provisions of this Article, as follows; 18 (a)for a first offense,by a written warning 19 (b) for a second offense,by a fine of$100 20 (c) for a third offense,by a fine of$200 21 (d) for a fourth or subsequent offense,by a fine of$500 22 23 Each day on which a violation of this Article occurs shall be considered a separate and 24 distinct violation. 25 (3) Every act or omission constituting a violation of the provisions of this Article by an 26 officer, manager, supervisor, agent or Employee of any proprietor, if said act or 27 omission is made with the authorization, knowledge, or approval of the proprietor, 28 shall be deemed and held to be the act or omission of such proprietor, and said 29 proprietor shall be punished in the same manner as if said act or omission had been 30 committed by such proprietor personally. 31 Sec. 12-171. Additional Penalty. 32 33 In addition to the penalties authorized by section 1-10, repeated violation of any 34 provision of this article by a person who owns, manages, operates, or otherwise controls a Public 35 Place or Place of Employment may result in the suspension or revocation of any permit or 36 license issued to the person for the premises on which the violation occurred. 37 38 Sec. 12-172. Severability. 39 40 If any provision, clause, sentence, or paragraph of this Article or the application thereof 41 to any person or circumstances shall be held invalid, that invalidity shall not affect the other be posted at a height and location easily seen by a person 40 before "Smokinginside" entering. The signs shall say permitted 41 42 4. Tobacco Retail Outlets that are separately housed from any entity required to be 43 smoke free under this Ordinance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) 7 ^ piAHA,Ne fA`„I \t law Department Omaha/Douglas Civic Center rat.4 erg � 1819 Farnam Street,Suite 804 ' . Omaha,Nebraska 68183-0804 $ '�-t (402)444-5115 FEaF° Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, • The purpose of the attached Ordinance, prepared at the request of Councilmember Franklin Thompson and Councilmember Jim Suttle, is to add a new article VIII. to Chapter 12 to prohibit smoking in public places and places of employment with an exception until May 2011 for certain types of establishments (stand alone bars, keno establishments, horseracing simulcasting locations and tobacco retail outlets). Respectfully submitted, A. Cavel Assistant City Attorney P:\LAW1\6665sap.doc Public Place or 14 Place of Employment upon whom a duty is placed by the provisions of this Article 15 who shall fail,neglect,or refuse to perform such duty or who shall knowingly violate 16 any of the provisions hereof, shall be punished, upon conviction of violating the 17 provisions of this Article, as follows; 18 (a)for a first offense,by a written warning 19 (b) for a second offense,by a fine of$100 20 (c) for a third offense,by a fine of$200 21 (d) for a fourth or subsequent offense,by a fine of$500 22 23 Each day on which a violation of this Article occurs shall be considered a separate and 24 distinct violation. 25 (3) Every act or omission constituting a violation of the provisions of this Article by an 26 officer, manager, supervisor, agent or Employee of any proprietor, if said act or 27 omission is made with the authorization, knowledge, or approval of the proprietor, 28 shall be deemed and held to be the act or omission of such proprietor, and said 29 proprietor shall be punished in the same manner as if said act or omission had been 30 committed by such proprietor personally. 31 Sec. 12-171. Additional Penalty. 32 33 In addition to the penalties authorized by section 1-10, repeated violation of any 34 provision of this article by a person who owns, manages, operates, or otherwise controls a Public 35 Place or Place of Employment may result in the suspension or revocation of any permit or 36 license issued to the person for the premises on which the violation occurred. 37 38 Sec. 12-172. Severability. 39 40 If any provision, clause, sentence, or paragraph of this Article or the application thereof 41 to any person or circumstances shall be held invalid, that invalidity shall not affect the other be posted at a height and location easily seen by a person 40 before "Smokinginside" entering. The signs shall say permitted 41 42 4. Tobacco Retail Outlets that are separately housed from any entity required to be 43 smoke free under this Ordinance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) l'i'E-7'Rir'''',;10e.' C ? r t =q 3 IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA• ; 3.°16: rs juL ?4 nglikEt3kEsLHUG and HENSTOCK, INC., ) DOC. '0 (3 PAGE 25 Plaintiffs, ) ., r` '{ ` ) V. ) MOTION FOR TEMPORARY INJUNCTION CITY OF OMAHA, ) Defendant. ) C'O t.,r. :. COME NOW plaintiffs and apply to the Court for an order of temporary injunction restricting, prohibiting and enjoining the defendant, City of Omaha, from enforcing, purporting to enforce or otherwise act in conformity with the terms of the ordinance marked as Exhibit A attached hereto and incorporated herein by this reference. Plaintiffs respectfully allege that a review of plaintiffs' Complaint suggests that plaintiffs are entitled to the relief prayed which includes restraining the City of Omaha in implementing and enforcing the subject ordinance. Enforcement of the ordinance during pendency of these proceedings will result in deprivation of plaintiffs' constitutional rights and irreparable injury to plaintiffs. WHEREFORE plaintiffs pray that proceedings be held forthwith and that the Court enter an order temporarily enjoining the City of Omaha from enforcing, purporting to enforce and otherwise act in conformance with said ordinance and upon trial that said injunction is made permanent. NOTICE OF HEARING Please take notice that plaintiffs' Motion for Temporary Injunction will be called up for hearing on the —( ` day of 4 .. - t- , 2006, at I . 3© .m. before the Honorable Tot* 6. 14 AR'r ,AAJ"Zit . Affidavits may be read at said hearing. Dated this Zt5fSday of July, 2006. MICHELLE HUG and HENSTOCK, INC., Plaintiffs By: 4111111r K. C. Engd: 4 ,'1 t�'!% Karisa D. Johnson, •22909 Ballew, Schneider, Covalt, Gaines & Engdahl, PC, LLO 1625 Farnam Street, Suite 300 Omaha, NE 68102 Tel: 402-934-9499 Fax: 402-934-7730 r as if said act or omission had been 30 committed by such proprietor personally. 31 Sec. 12-171. Additional Penalty. 32 33 In addition to the penalties authorized by section 1-10, repeated violation of any 34 provision of this article by a person who owns, manages, operates, or otherwise controls a Public 35 Place or Place of Employment may result in the suspension or revocation of any permit or 36 license issued to the person for the premises on which the violation occurred. 37 38 Sec. 12-172. Severability. 39 40 If any provision, clause, sentence, or paragraph of this Article or the application thereof 41 to any person or circumstances shall be held invalid, that invalidity shall not affect the other be posted at a height and location easily seen by a person 40 before "Smokinginside" entering. The signs shall say permitted 41 42 4. Tobacco Retail Outlets that are separately housed from any entity required to be 43 smoke free under this Ordinance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 2 1 3. Employee means a person who is employed by an Employer in consideration for direct 2 or indirect monetary wages or profit, and a person who volunteers his or her services 3 for a non-profit entity. 4 4. Employer means a person, Business, partnership, association, corporation, including a 5 municipal corporation, trust, or non-profit entity that employs the services of one or 6 more individual persons. 7 5. Enclosed Area means all space between a floor and ceiling that is contained on all sides 8 by walls (exclusive of doorways) or windows, either permanent or temporary, which 9 extend from the floor to the ceiling. 10 6. Health Care Facility means an office or institution providing care or treatment of 11 diseases, whether physical, mental, or emotional, or other medical, physiological, or 12 psychological conditions, including but not limited to,hospitals,rehabilitation hospitals 13 or other clinics, including weight control clinics,nursing homes, homes for the aging or 14 chronically ill, laboratories, and offices of surgeons, chiropractors,physical therapists, 15 massage therapists, physicians, dentists, and all specialists within these professions. 16 This definition shall include all waiting rooms, hallways, private rooms, semiprivate 17 rooms,and wards. 18 7. Limited Food Service means serving or otherwise providing only snack items or 19 commercially prepared and wrapped foods that require little or no preparation. 20 8. Place of Employment means an area under the control of a public or private Employer 21 that Employees normally frequent during the course of employment, including, but not 22 limited to, work areas, employee lounges, restrooms, conference rooms, meeting 23 rooms, classrooms, employee cafeterias, hallways, and commercial vehicles. A private 24 residence is not a "Place of Employment" unless it is used as a childcare, adult day 25 care,or Health Care Facility. 26 9. Private Club means an organization, whether incorporated or not, which is the owner, 27 lessee, or occupant of a building or portion thereof used exclusively for club purposes 28 at all times, which is operated solely for a recreational, fraternal, social, patriotic, 29 political, benevolent, or athletic purpose, but not for pecuniary gain, and which only 30 sells alcoholic beverages incidental to its operation. The affairs and management of the 31 organization are conducted by a board of directors, executive committee, or similar 32 body chosen by the members at an annual meeting. The organization has established 33 bylaws and/or a constitution to govern its activities. The organization has been granted 34 an exemption from the payment of federal income tax as a club under 26 U.S.C. 35 Section 501 36 10. Public Place means an Enclosed Area used by the general public; or serving as a Place 37 of Employment to which the public is invited or in which the public is permitted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 4 1 areas,private offices, elevators,hallways, medical facilities,cafeterias, employee lounges, stairs, 2 restrooms,and all other enclosed facilities. 3 This prohibition on Smoking shall be communicated to all existing Employees by the 4 effective date of this article and to all prospective Employees upon their application for 5 employment. 6 Sec. 12-165. Where Smoking is Not Regulated. 7 8 Notwithstanding any other provision of this article to the contrary, the following areas 9 shall be exempt from the provisions of Sections 12-163 and 12-164: 10 11 1. Private residences, except when used as a licensed childcare, an adult day care or 12 Health Care Facility. 13 14 2. Hotel and motel rooms that are rented to guests and are designated as smoking 15 rooms; provided, however, that not more than twenty percent (20%) of rooms 16 rented to guests in a hotel or motel may be so designated. All smoking rooms on the 17 same floor must be contiguous and smoke from these rooms must not infiltrate into 18 areas where Smoking is prohibited under the provisions of this Article. The status 19 of rooms as Smoking and nonsmoking may not be changed, except to add 20 additional nonsmoking rooms. 21 22 3. Private and semiprivate rooms in nursing homes and long-term care facilities that 23 are occupied by one (11 or more persons, all of whom are smokers and have 24 requested in writing to be placed in a room where Smoking is permitted; provided 25 that smoke from these places does not infiltrate into areas where Smoking is 26 prohibited under the provisions of this Article. 27 28 4. Outdoor areas of places of employment except those covered by the provisions of 29 Sections 12-164. 30 31 5. As part of a study conducting research into the health effects of Smoking in a 32 scientific or analytical laboratory either governed by state or federal law or at a 33 college or university approved by the Nebraska Coordinating Commission for Post 34 Secondary Education. The proprietor shall post a temporary sign on all entrances to 35 the laboratory indicating that Smoking is being allowed for the purposes of 36 research. 37 38 6. Tobacco Only Retail Outlets that are separately housed from any entity required to 39 be smoke free under this Ordinance are exempt from the provisions hereunder. This 40 exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying 41 the public that smoking is permitted in the establishment must be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 6 1 lettering and be posted at a height and location easily seen by a person before 2 entering. The signs shall say, "Smoking permitted inside". 3 4 This section shall not be interpreted or construed to permit Smoking where Smoking is 5 otherwise restricted by other applicable laws. This exemptions granted by this section 12-165.1 6 shall automatically terminate on May 14, 2011, the places described in this section shall be fully 7 subject to Sections 12-163 and 12-164 on and after May 14, 2011, and this section shall be of no 8 further force or effect after May 14, 2011. 9 10 Sec. 12-166. Declaration of Establishment as Nonsmoking. 11 12 Notwithstanding any other provision of this article, an owner,operator, manager,or other 13 person in control of an establishment, facility, or outdoor area may declare that entire 14 establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in 15 any place in which a sign conforming to the requirements of Section 12-168 is posted. 16 Sec. 12-167. Posting of Signs. 17 "No Smoking" signs or the international "No Smoking" symboljconsisting of a pictorial 18 representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be 19 clearly and conspicuously posted on each entrance door of every Public Place and Place of 20 Employment where Smoking is prohibited by this article, by the owner, gyrator, manager, or 21 other person in control of that place. 22 All ashtrays and other Smoking paraphernalia shall be removed from any area where 23 Smoking is prohibited by this article by the owner, operato, manager, or other person having 24 control of the area. 25 Sec. 12-168. Non-retaliation;non-waiver of rights. 26 (a) No person or Employer shall discharge, refuse to hire, or in any manner.retaliate 27 against an Employee, applicant for employment, or customer because that Employee, 28 applicant, or customer exercises any rights afforded by this Article or reports or 29 complains of a violation of this Article. 30 (b) An Employee who works in a setting where an Employer allows Smoking does not 31 waive or otherwise surrender any legal rights the Employee may have against the 32 Employer or any other party. 33 Sec. 12-169. Enforcement. 34 (a) This article shall be primarily enforced by the Omaha Police Department or any other 35 law enforcement agency that has enforcement jurisdiction. 36 (b) Notice of the provisions of this Article shall be given to all applicants for a business 37 license in the city. t be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • ORDINANCE NO. Page 8 1 provisions of this Article which can be given effect without the invalid provision or application, 2 and to this end the provisions of this Article are declared to be severable." 3 4 Section 2. That.Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 5 amended to read as follows: 6 . 7 8. , 9 10 ; 11 , 12 , 13 14 , 15 16 17 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 18 amended to read as follows: 19 See1-20-2-7-&-Smoking-en-buses7 20 21 22 23 7 1 , 24 , 25 26 .27 28 Section 4. That Sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code 29 as heretofore existing are hereby repealed. g place. Smoking shall be prohibited in 15 any place in which a sign conforming to the requirements of Section 12-168 is posted. 16 Sec. 12-167. Posting of Signs. 17 "No Smoking" signs or the international "No Smoking" symboljconsisting of a pictorial 18 representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be 19 clearly and conspicuously posted on each entrance door of every Public Place and Place of 20 Employment where Smoking is prohibited by this article, by the owner, gyrator, manager, or 21 other person in control of that place. 22 All ashtrays and other Smoking paraphernalia shall be removed from any area where 23 Smoking is prohibited by this article by the owner, operato, manager, or other person having 24 control of the area. 25 Sec. 12-168. Non-retaliation;non-waiver of rights. 26 (a) No person or Employer shall discharge, refuse to hire, or in any manner.retaliate 27 against an Employee, applicant for employment, or customer because that Employee, 28 applicant, or customer exercises any rights afforded by this Article or reports or 29 complains of a violation of this Article. 30 (b) An Employee who works in a setting where an Employer allows Smoking does not 31 waive or otherwise surrender any legal rights the Employee may have against the 32 Employer or any other party. 33 Sec. 12-169. Enforcement. 34 (a) This article shall be primarily enforced by the Omaha Police Department or any other 35 law enforcement agency that has enforcement jurisdiction. 36 (b) Notice of the provisions of this Article shall be given to all applicants for a business 37 license in the city. t be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) R f , 4. REQUEgENA LAW DEPARTMENT LAW DEPARTMENT For Law Department Use Only TO: Paul Kratz, City AttorteS JUN 22 PM 12: 05 Log Book #:136-06 = CITY COUNCIL DATE: June 22, 2006 Date Assigned: 6/22/06 Assigned to: Mumgaard Answered/Sent Out: \o- —No Withdrawn: REQUEST BEING MADE BY: On behalf of Jim Vokal Jack Cheloha, City Lobbyist >1 - 5521 (Name) (Department) (Phone) TIME LINE (Due Date): June 27, 2006, Council Agenda (12 Working Days from Date Received by Law Department) REQUEST FOR Ordinance to be Placed on Council Agenda (State Specifically What You Are Requesting) DETAILS: (Do Not State"See Attached) Councilmember Jim Vokal is asking for the attached draft ordinance to be placed on the Council agenda for first reading on June 27th. If you have any questions, contact Jack Cheloha at 5521. INFORMATION ATTACHED: YES X NO NONE AVAILABLE rm c: Councilmembers, City Clerk, Chief Tom Warren, Marty Co boy - Ci t' Prosecutor, Don Thorson - Mayor's Deputy Chief of Staff, Cou •' Staff r�,�� ►� No Smoking" symboljconsisting of a pictorial 18 representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be 19 clearly and conspicuously posted on each entrance door of every Public Place and Place of 20 Employment where Smoking is prohibited by this article, by the owner, gyrator, manager, or 21 other person in control of that place. 22 All ashtrays and other Smoking paraphernalia shall be removed from any area where 23 Smoking is prohibited by this article by the owner, operato, manager, or other person having 24 control of the area. 25 Sec. 12-168. Non-retaliation;non-waiver of rights. 26 (a) No person or Employer shall discharge, refuse to hire, or in any manner.retaliate 27 against an Employee, applicant for employment, or customer because that Employee, 28 applicant, or customer exercises any rights afforded by this Article or reports or 29 complains of a violation of this Article. 30 (b) An Employee who works in a setting where an Employer allows Smoking does not 31 waive or otherwise surrender any legal rights the Employee may have against the 32 Employer or any other party. 33 Sec. 12-169. Enforcement. 34 (a) This article shall be primarily enforced by the Omaha Police Department or any other 35 law enforcement agency that has enforcement jurisdiction. 36 (b) Notice of the provisions of this Article shall be given to all applicants for a business 37 license in the city. t be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • MOTION BY COUNCILMEMBER BROWN I hereby move that Council Document No. , Current Series, the amendment of the whole listed as item No. 38(a) on the June 13, 2006 agenda be amended by adding two new sub-sections numbered consecutively 5. and 6. to Section 12-165.1 of Section 1 at page 6 at line 19 to the Ordinance which shall read as follows: 5. Premises which have been licensed for the sale of pickle cards by a licensed pickle card operator pursuant to state law are exempt from the provisions of this ordinance until May 14, 2011. This exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is permitted in the establishment must be posted conspicuously on all entrances normally used by the public. The signs must have at least one-inch tall block lettering and be posted at a height and location easily seen by a person before entering. The signs shall say"Smoking permitted inside". 6. Premises which have been licensed for the conduct of bingo by a licensed organization pursuant to state law are exempt from the provisions of this ordinance until May 14, 2011. This exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is permitted in the establishment must be posted conspicuously on all entrances normally used by the public. The signs must have at least one-inch tall block lettering and be posted at a height and location easily seen by a person before entering. The signs shall say "Smoking permitted inside". APPROVED AS TO FORM: Assistant City Attorney aphernalia shall be removed from any area where 23 Smoking is prohibited by this article by the owner, operato, manager, or other person having 24 control of the area. 25 Sec. 12-168. Non-retaliation;non-waiver of rights. 26 (a) No person or Employer shall discharge, refuse to hire, or in any manner.retaliate 27 against an Employee, applicant for employment, or customer because that Employee, 28 applicant, or customer exercises any rights afforded by this Article or reports or 29 complains of a violation of this Article. 30 (b) An Employee who works in a setting where an Employer allows Smoking does not 31 waive or otherwise surrender any legal rights the Employee may have against the 32 Employer or any other party. 33 Sec. 12-169. Enforcement. 34 (a) This article shall be primarily enforced by the Omaha Police Department or any other 35 law enforcement agency that has enforcement jurisdiction. 36 (b) Notice of the provisions of this Article shall be given to all applicants for a business 37 license in the city. t be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ‘' st\LC '� o o �! 4 NNE m CD Z a woCr CD p_ N 1 0 o a ► o n n L..z i\ %\(\\r al. CD al- x g Lth,, It. VV o U 0 � < oa � ;ma) ° Z - 0 p X ° Z � O = mfDn (D ° su o = m m z n0 za rtA 7CD o p m , NO n0 o . rt � 3 CU r Z 0 n - O m - . ,* • n Page 5of12 , MOTION BY COUNCILMEMBERS THOMPSON AND SIGERSON I hereby move that Council Document No. (' (o . , Current Series, be amended in the whole by deleting the Ordinance in its entirety and substituting in lieu thereof the attached Ordinance. APPROVED AS TO FORM: rtiC-_ (o- 5 -d G ISTANT CITY ATTORNEY DATE P:\LAW 1\14132pjm.doc 1 oa � ;ma) ° Z - 0 p X ° Z � O = mfDn (D ° su o = m m z n0 za rtA 7CD o p m , NO n0 o . rt � 3 CU r Z 0 n - O m - . ,* • n Page 5of12 • ORDINANCE NO. 1 AN ORDINANCE to add to Chapter 12, "Health and Sanitation", a new Article VIII. entitled 2 "Prohibition on Smoking in Workplaces and Public Gathering Places" to prohibit 3 smoking in workplaces and public gathering places; to state findings and intent; to 4 specify definitions; to create exceptions, to require signage; to prohibit retaliation; to 5 provide duties and procedures for enforcement; to create penalties; to add a severability 6 clause; to repeal sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal 7 Code; and to provide an effective date. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 9 Section 1. That a new Article VIII. entitled "Prohibition on Smoking in Workplaces and 10 Public Gathering Places" shall be added to Chapter 12, "Health and Sanitation", which shall read 11 as follows: 12 "Article VIII. Prohibition on Smoking in Workplaces and Public Gathering Places 13 Sec. 12-160. Intent. 14 The city council hereby declares that the purposes of this ordinance are: (1) to protect the 15 public health and welfare by prohibiting smoking in public gathering places and places of 16 employment; and (2) to guarantee the right of employees, residents, and visitors to breathe 17 smoke free air, and to recognize that the need to breathe smoke free air shall have priority over 18 the desire to smoke. 19 Sec. 12-161. Definitions. 20 For the purposes of this article, the following words and phrases, whenever used in this article, 21 shall have the meaning specified herein: 22 1. Bar means a Business establishment that serves alcoholic beverages and may or may 23 not provide Limited Food Service, including but not limited to, taverns, nightclubs, 24 cocktail lounges, and cabarets. 25 2. Business means a sole proprietorship, partnership, joint venture, corporation, or other 26 such entity, either for-profit or not-for-profit, including retail establishments where 27 goods or services are sold; professional corporations and other entities where legal, ercises any rights afforded by this Article or reports or 29 complains of a violation of this Article. 30 (b) An Employee who works in a setting where an Employer allows Smoking does not 31 waive or otherwise surrender any legal rights the Employee may have against the 32 Employer or any other party. 33 Sec. 12-169. Enforcement. 34 (a) This article shall be primarily enforced by the Omaha Police Department or any other 35 law enforcement agency that has enforcement jurisdiction. 36 (b) Notice of the provisions of this Article shall be given to all applicants for a business 37 license in the city. t be posted 42 conspicuously on all entrances normally used by the public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 2 1 medical, dental, engineering, architectural, or other professional services are delivered; 2 and Private Clubs. 3 3. Employee means a person who is employed by an Employer in consideration for direct 4 or indirect monetary wages or profit, and a person who volunteers his or her services 5 for a non-profit entity. 6 4. Employer means a person, Business, partnership, association, corporation, including a 7 municipal corporation, trust, or non-profit entity that employs the services of one or 8 more individual persons. 9 5. Enclosed Area means all space between a floor and ceiling that is contained on all sides 10 by walls (exclusive of doorways) or windows, either permanent or temporary, which 11 extend from the floor to the ceiling. 12 6. Health Care Facility means an office or institution providing care or treatment of 13 diseases, whether physical, mental, or emotional, or other medical, physiological, or 14 psychological conditions, including but not limited to, hospitals, rehabilitation hospitals 15 or other clinics, including weight control clinics, nursing homes, homes for the aging or 16 chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, 17 massage therapists, physicians, dentists, and all specialists within these professions. 18 This definition shall include all waiting rooms, hallways, private rooms, semiprivate 19 rooms, and wards. 20 7. Limited Food Service means serving or otherwise providing only snack items or 21 commercially prepared and wrapped foods that require little or no preparation. 22 8. Place of Employment means an area under the control of a public or private Employer 23 that Employees normally frequent during the course of employment, including, but not 24 limited to, work areas, employee lounges, restrooms, conference rooms, meeting 25 rooms, classrooms, employee cafeterias, hallways, and commercial vehicles. A private 26 residence is not a "Place of Employment" unless it is used as a childcare, adult day 27 care, or Health.Care Facility. 28 9. Private Club means an organization, whether incorporated or not, which is the owner, 29 lessee, or occupant of a building or portion thereof used exclusively for club purposes 30 at all times, which is operated solely for a recreational, fraternal, social, patriotic, 31 political, benevolent, or athletic purpose, but not for pecuniary gain, and which only 32 sells alcoholic beverages incidental to its operation. The affairs and management of the 33 organization are conducted by a board of directors, executive committee, or similar 34 body chosen by the members at an annual meeting. The organization has established 35 bylaws and/or a constitution to govern its activities. The organization has been granted e public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) s. ORDINANCE NO. Page 3 1 an exemption from the payment of federal income tax as a club under 26 U.S.C. 2 Section 501 3 10. Public Gathering Place means an Enclosed Area used by the general public; or serving 4 as a Place of Employment to which the public is invited or in which the public is 5 permitted, including but not limited to, banks, Bars, educational facilities, Health Care 6 Facilities, laundromats, public conveyances and public transportation facilities, 7 reception areas, Restaurants, retail service establishments, retail stores, Shopping Malls, 8 Sports Arenas, theaters, Private Clubs, and waiting rooms. A private residence is not a 9 "Public Gathering Place" unless it is used as a childcare, adult day care, or Health Care 10 Facility. 11 11. Restaurant means any Public Gathering Place which is kept, used, maintained, 12 advertised, and held out to the public as a place where meals are served and where 13 meals are actually and regularly served for compensation; which has no sleeping 14 accommodations; and which has kitchen and dining room equipment and Employees to 15 prepare, cook, and serve food to customers. Restaurants do not include retail stores 16 where food is sold. Restaurants include but are not limited to, coffee shops, cafeterias, 17 sandwich stands, and private and public school cafeterias, which gives or offers for sale 18 food to the public, guests, or Employees, as well as kitchens and catering facilities in 19 which food is prepared on the premises for serving elsewhere. The term "Restaurant" 20 shall include a Bar area within the Restaurant. 21 12. Shopping Mall means an enclosed public walkway or hall area that serves to connect 22 retail or professional establishments. 23 13. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, 24 pipe, plant, or other tobacco product in any manner or in any form. 25 14. Sports Arena means sports pavilions, stadiums, gymnasiums, health spas, boxing 26 arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places 27 where members of the general public assemble to engage in physical exercise, 28 participate in athletic competition, or witness sports or other events. 29 15. Tobacco Retail Outlet means a store that sells tobacco and tobacco related products and 30 may sell other products that are incidental to the tobacco sales. 31 16. Tobacco Only Retail Outlet means a store that sells only tobacco and products directly 32 related to tobacco. Products that are not allowed to be sold include, but are not limited 33 to, alcohol by the drink, off-sale package alcohol, candy, pop, groceries and gasoline. has established 35 bylaws and/or a constitution to govern its activities. The organization has been granted e public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 4 1 Sec. 12-162. Application of Article to City-Owned or Operated Facilities. 2 All enclosed facilities, including buildings and vehicles owned, leased, or operated by the 3 city shall be subject to the provisions of this article. 4 5 Sec. 12-163. Prohibition of Smoking in Public Gathering Places. 6 7 Smoking shall be prohibited in all enclosed Public Gathering Places within the City from 8 and after October 2, 2006. 9 10 Sec. 12-164. Prohibition of Smoking in Places of Employment. 11 Smoking shall be prohibited in all enclosed facilities within Places of Employment from 12 and after October 2, 2006. This includes common work areas, auditoriums, classrooms, 13 conference and meeting rooms, reception areas, private offices, elevators, hallways, medical 14 facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. 15 This prohibition on Smoking shall be communicated to all existing Employees before 16 October 2, 2006 and to all prospective Employees upon their application for employment. 17 Sec. 12-165. Where Smoking is Not Regulated. 18 Notwithstanding any other provision of this article to the contrary, the following areas 19 shall be exempt from the provisions of Sections 12-163 and 12-164: 20 21 1. Private residences, except when used as a licensed childcare, an adult day care or 22 Health Care Facility. 23 24 2. Hotel and motel rooms that are rented to guests and are designated as smoking 25 rooms; provided, however, that not more than twenty percent (20%) of rooms 26 rented to guests in a hotel or motel may be so designated. All smoking rooms on the 27 same floor must be contiguous and smoke from these rooms must not infiltrate into 28 areas where Smoking is prohibited under the provisions of this Article. The status 29 of rooms as Smoking and nonsmoking may not be changed, except to add 30 additional nonsmoking rooms. 31 32 3. Private and semiprivate rooms in nursing homes and long-term care facilities that 33 are occupied by one (1) or more persons, all of whom are smokers and have 34 requested in writing to be placed in a room where Smoking is permitted; provided 35 that smoke from these places does not infiltrate into areas where Smoking is 36 prohibited under the provisions of this Article. 37 38 4. Outdoor areas of places of employment except those covered by the provisions of 39 Sections 12-164. 40 41 5. As part of a study conducting research into the health effects of Smoking in a 42 scientific or analytical laboratory either governed by state or federal law or at a ts activities. The organization has been granted e public. The signs must have at 43 least one-inch tall block lettering and be posted at a height and location easily seen 44 by a person before entering. The signs shall sue, "Smoking permitted inside". ted, 38 including but not limited to, banks, Bars, educational facilities, Health Care Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 5 1 college or university approved by the Nebraska Coordinating Commission for Post 2 Secondary Education. The proprietor shall post a temporary sign on all entrances to 3 the laboratory indicating that Smoking is being allowed for the purposes of 4 research. 5 6 6. Tobacco Only Retail Outlets that are separately housed from any entity required to 7 be smoke free under this Ordinance are exempt from the provisions hereunder. This 8 exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying 9 the public that smoking is permitted in the establishment must be posted 10 conspicuously on all entrances normally used by the public. The signs must have at 11 least one-inch tall block lettering and be posted at a height and location easily seen 12 by a person before entering. The signs shall say, "Smoking permitted inside". 13 Sec. 12-165.1 Where Smoking is Not Regulated until May 14, 2011. 14 15 Notwithstanding any other provision of this article to the contrary, the following areas 16 shall be exempt from the provisions of Sections 12-163 and 12-164 until May 14, 2011: 17 18 1. Stand alone Bars providing only Limited Food Service that are separately housed 19 from any entity required to be smoke free under this Ordinance are exempt from the 20 provisions hereunder until May 14, 2011. This exemption will terminate if smoke 21 infiltrates a nonexempt entity. Signs notifying the public that smoking is permitted 22 in the establishment must be posted conspicuously on all entrances normally used 23 by the public. The signs must have at least one-inch tall block lettering and be 24 posted at a height and location easily seen by a person before entering. The signs 25 shall say, "Smoking permitted inside". 26 27 2. Up to two main or mini-main keno locations meeting criteria b through f below are 28 exempt from the provisions of this ordinance until May 14, 2011. Keno sales outlet 29 locations meeting all of the following criteria shall similarly be exempt from the 30 provisions hereunder until such date: 31 32 a. The location shall have applied to the City on or before June 8, 2006 to be 33 a keno sales outlet location, provided that a transfer of ownership 34 application filed after such date shall not terminate an exemption granted 35 by this provision. 36 b. The location shall have been approved by the City as a keno location. 37 c. The location shall actively offer keno to its customers. 38 d. Signs notifying the public that smoking is permitted in the establishment 39 must be posted conspicuously on all entrances normally used by the 40 public. The signs must have at least one-inch tall block lettering and be 41 posted at a height and location easily seen by a person before entering. 42 The signs shall say "Smoking permitted inside. 43 e. No smoke from the location shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 6 1 3. Any Public Gathering Place which is conducting or simulcasting horseracing at a 2 designated place, or conducting interstate horserace simulcasting. Providing that it 3 is separately housed from any entity required to be smoke free under this 4 Ordinance are exempt from the provisions hereunder until May 14, 2011. This 5 exemption will terminate if smoke infiltrates a nonexempt entity. Signs notifying 6 the public that smoking is permitted in the establishment must be posted 7 conspicuously on all entrances normally used by the public. The signs must have 8 at least one-inch tall block lettering and be posted at a height and location easily 9 seen by a person before entering. The signs shall say "Smoking permitted inside" 10 11 4. Tobacco Retail Outlets that are separately housed from any entity required to be 12 smoke free under this Ordinance are exempt from the provisions hereunder until 13 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 14 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 15 permitted in the establishment must be posted conspicuously on all entrances 16 normally used by the public. The signs must have at least one-inch tall block 17 lettering and be posted at a height and location easily seen by a person before 18 entering. The signs shall say, "Smoking permitted inside". 19 20 This section shall not be interpreted or construed to permit Smoking where Smoking is 21 otherwise restricted by other applicable laws. This exemptions granted by this section 12-165.1 22 shall automatically terminate on May 14, 2011, the places described in this section shall be fully 23 subject to Sections 12-163 and 12-164 on and after May 14, 2011, and this section shall be of no 24 further force or effect after May 14, 2011. 25 26 Sec. 12-166. Declaration of Establishment as Nonsmoking. 27 28 Notwithstanding any other provision of this article, an owner, operator, manager, or other 29 person in control of an establishment, facility, or outdoor area may declare that entire 30 establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in 31 any place in which a sign conforming to the requirements of Section 12-168 is posted. 32 33 Sec. 12-167. Posting of Signs. 34 35 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • ORDINANCE NO. , Page 7 1 Sec. 12-168. Non-retaliation; non-waiver of rights. 2 (a) No person or Employer shall discharge, refuse to hire, or in any manner retaliate 3 against an Employee, applicant for employment, or customer because that Employee, 4 applicant, or customer exercises any rights afforded by this Article or reports or 5 complains of a violation of this Article. 6 (b) An Employee who works in a setting where an Employer allows Smoking does not 7 waive or otherwise surrender any legal rights the Employee may have against the 8 Employer or any other party. 9 Sec. 12-169. Enforcement. 10 (a) This article shall be primarily enforced by the Omaha Police Department or any other 11 law enforcement agency that has enforcement jurisdiction. 12 (b) Notice of the provisions of this Article shall be given to all applicants for a business 13 license in the city. 14 (c) Any citizen who desires to register a complaint under this article may initiate 15 enforcement with the Omaha Police Department or any other law enforcement agency that has 16 enforcement jurisdiction. 17 (d) An owner, manager, operator, or Employee of an establishment regulated by this 18 article shall inform persons violating this article of the appropriate provisions thereof. 19 Sec. 12-170. Violation and Penalties. 20 (1) Any person who smokes in an area where Smoking is prohibited pursuant to the 21 provisions of this article, shall be punished, upon conviction of violating the 22 provisions of this Article, as follows; 23 (a) for a first offense, by a minimum fine of$100 24 (b) for a second offense, by a minimum fine of$200 25 (c) for a third or subsequent offense, by a fine of$500 26 (2) Any person that owns, manages, operates, or otherwise controls a Public Gathering 27 Place or Place of Employment upon whom a duty is placed by the provisions of this 28 Article who shall fail, neglect, or refuse to perform such duty or who shall knowingly 29 violate any of the provisions hereof, shall be punished, upon conviction of violating 30 the provisions of this Article, as follows; 31 (a) for a first offense,by a written warning 32 (b) for a second offense, by a fine of$100 33 (c) for a third offense,by a fine of$200 34 (d) for a fourth or subsequent offense, by a fine of$500 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) ORDINANCE NO. Page 8 1 Each day on which a violation of this Article occurs shall be considered a separate and 2 distinct violation. 3 (3) Every act or omission constituting a violation of the provisions of this Article by an 4 officer, manager, supervisor, agent or Employee of any proprietor, if said act or 5 omission is made with the authorization, knowledge, or approval of the proprietor, 6 shall be deemed and held to be the act or omission of such proprietor, and said 7 proprietor shall be punished in the same manner as if said act or omission had been 8 committed by such proprietor personally. 9 Sec. 12-171. Additional Penalty. 10 11 In addition to the penalties authorized by section 1-10, repeated violation of any 12 provision of this article by a person who owns, manages, operates, or otherwise controls a Public 13 Gathering Place or Place of Employment may result in the suspension or revocation of any 14 permit or license issued to the person for the premises on which the violation occurred. 15 16 Sec. 12-172. Severability. 17 18 If any provision, clause, sentence, or paragraph of this Article or the application thereof 19 to any person or circumstances shall be held invalid, that invalidity shall not affect the other 20 provisions of this Article which can be given effect without the invalid provision or application, 21 and to this end the provisions of this Article are declared to be severable." 22 23 Section 2. That Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 24 amended to read as follows: 25 Sec. 20 274. Smoking in large retail stores. 26 27 It shall be unlawful for an • 28 match or to use any f r d g e ` etai st^ e de igne nd ''e t^ 29 30 provided, however, that this section shall not apply to designated smoking rooms or 31 , 32 ,� ^kin^ by the due division; „d said retail stores and which have been ap � �---�-�-�� =- -- 33 provided, further, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: ) for a fourth or subsequent offense, by a fine of$500 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) , ' ORDINANCE NO. Page 9 1 Sec. 20 275. Smoking on buses. 2 3 , 4 car or motor bus operated u 5 > 6 7 motor bus may smoke in said-v c-Ies when e-e--ar —no ppase erso e hile 8 waiting at the end of the line--er oute to resume their schedule. 9 10 Section 4. That Sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code 11 as heretofore existing are hereby repealed. 12 Section 5. That this Ordinance shall be in full force and take effect fifteen (15) days from 13 and after its date of passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: MAYOR OF THE CITY OF OMAHA DATE PASSED ATTEST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FORM: 0014k— (0 CITY ATTORNEY DATE P:\LAW 1\1413lpjm.doc . Z CD o n 6 _ a w o C . ON � � cu .‘ 000O d 4a pEn Fcp O"h O o -c 3.). \ Po O_ k ob t\ 0 k 6• aC ,, O n n vl Section 5. That this Ordinance shall be in full force and take effect fifteen (15) days from 13 and after its date of passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: MAYOR OF THE CITY OF OMAHA DATE PASSED ATTEST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FORM: 0014k— (0 CITY ATTORNEY DATE P:\LAW 1\1413lpjm.doc ,. ,s ,. •f .l 1 d C a CWO a W co CO C n g .' U) °z •.c, °z 0 n ® o Imml rn o M Z Z z 41 c A rn `b a. Po w CD '� 0 0 ac .zs cD 0 o "' o �' b a rn :. ( ° p oo Za A) o cD o N. .--::. A, ,-t ,_,. cp e- pa a) 0 a \ CD �*,;\ '-1 N CD CD 0'. ,-, 0t1,.,..,PT. lap 0 11) P ° CD 2 .� 0 U4 N ' � 0 A� O•rn ¢• ,- — v' UQ O N o CD A CD a 0.. pa . n ,.3 0 po A) .O 0 „n n 0 5' N • ST) el %,\, \ b. l '' i 1.) ,,i,,,,, iik_ 4, , k r3,' p�n rn Q v N. ..\\:. cs ,....1 .....\:4_ L,A . — 2_1 0 Lt, L k , , ,_. s \ k el \ k NN, - a , 0 , . Ci isce,rnSI \ z .� \� � � � � el � k `k k'' , Ao \ , 21 and to this end the provisions of this Article are declared to be severable." 22 23 Section 2. That Section 20-274 of Chapter 20 of the Omaha Municipal Code is hereby 24 amended to read as follows: 25 Sec. 20 274. Smoking in large retail stores. 26 27 It shall be unlawful for an • 28 match or to use any f r d g e ` etai st^ e de igne nd ''e t^ 29 30 provided, however, that this section shall not apply to designated smoking rooms or 31 , 32 ,� ^kin^ by the due division; „d said retail stores and which have been ap � �---�-�-�� =- -- 33 provided, further, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: ) for a fourth or subsequent offense, by a fine of$500 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) 'NOTICE TO PUBLIC" THE DAILY RECORD , The following Ordinance has been set for ��//��A��� City Council hearing on June 13, 2006, at OF O1% AHA 2:00 p.m., in the Legislative Ch6mbers, Omaha/Douglas Civic Center, 1819 Farnam Street, at which hearing all persons RONALD A. HENNINGSEN, Publisher interested,may be heard. PROOF OF PUBLICATION AN ORDINANCE to add to Chapter 12, 'Health and Sanitation', a new Article VIII. entitled 'Prohibition on Smoking in Workplaces and Public Places' to_prohibit UNITED STATES OF AMERICA, smoking in workplaces and public places;to state findings and intent; to specify The State of Nebraska, SS. definitions;to create exceptions; to require District of Nebraska, signage; to prohibit retaliation; to provide duties and procedures for enforcement; to County of Douglas, create penalties;to add a severability clause; City of Omaha, to repeal sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code; and to provide an effective date. J. BOYD BUSTER BROWN, • ;fi4_ns City Clerk' being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE 1 DAILY RECORD,of Omaha,on June 9, 2006 Alper during that time was re y arly published and in a> n Tithe County of Douglas,.9 ate of Nebraska. NOTARYSSOIV \4( • co 'Nit1 I Subscribed in my pence and sworn to before * XPIRES 16 7 P lis�ier's Fee $ me this 9th day of M o.,0.�Q June 06 Ad '4941' �', $ 20 •70 Notary Pu ark Doug as County, ate of Nebraska her, that this section shall not apply to fire producing devices which have 34 been specially authorized by the fire division. 35 36 Section 3. That Section 20-275 of Chapter 20 of the Omaha Municipal Code is hereby 37 amended to read as follows: ) for a fourth or subsequent offense, by a fine of$500 From and after October 2, 2006, "No Smoking" signs or the international "No Smoking" 36 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle 37 with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) • N T6 PUBLIC* — THE DAILY RECORD ORDINANCE 3 N0. 7412 AN ORDINANCE to add to Chapter 12, OF OMAHA 'Health and Sanitation', a new Article VIII. entitled -Prohibition on Smoking in • Workplaces and Public Gathering Places' to RONALD A. HENNINGSEN, Publisher prohibit smoking in workplaces and public gathering places; to state findings and PROOF OF PUBLICATION intent; to specify definitions; to create exceptions; to require signage; to prohibit retaliation;to provide duties and procedures for enforcement;to create penalties;to add UNITED STATES OF AMERICA, a severability clause;to repeal sections 20- The State of Nebraska, 274 and 20-275 of Chapter 20 of the Omaha SS. Municipal Code;and to provide an effective District of Nebraska, date.SUMMARY: - County of Douglas, AN ORDINANCE to add to Chapter-12, City of Omaha, 'Health and Sanitation', a new Article VIII. entitled 'Prohibition on Smoking in Workplaces and Public Gatheri ng Places' to J.BOYD prohibit smoking in workplaces and public gathering places; to state findings and being duly sworn,deposes and says that she is intent; to specify definitions; to create exceptions; to require signage; to prohibit LEGAL EDITOR retaliation;to provide duties and procedures for enforcement; s create penai sectionso add 20 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and a severability clause;to repeal 20- 274 and 20-275 of Chapter 20 of the Omaha published daily in the English language, having a bona fide paid Municipal Code;and to provide an effective date. circulation in Douglas County in excess of 300 copies, printed in PASSED:June 20,2006,AS AMENDED,6-1 Omaha,in said County of Douglas,for more than fifty-two weeks last APPROVED BY: MIKE FAHEY 6/30/064 past; that the printed notice hereto attached was published in THE MAYOR OF THE CITY OF OMAHA I DAILY RECORD,of Omaha,on BUSTER BROWN,k 1 C July 5 , 2006 '7-5-06= • _ `"`•'•‘r't..aper during that time was regularly published and • ���=I, in the County of Dou' ° . d State of Nebraska. i 415.: vE N 11 1! i if ,,n��I1�TA>�(� S *!/ Subscribed'1 y presence and sworn • ••fore ,**is1 c 1 .5 $ t 6 0 me this / 5 th/ay of i it ddifiemik Copi9ts0'. .1111 y —0 6 ;h��\t\"` x. Notary Public in :. •r`I r u:,as County, Nebras.a with a red bar across it) shall be clearly and conspicuously posted on each entrance door of 38 every Public Gathering Place and Place of Employment where Smoking is prohibited by this 39 article,by the owner, operator, manager, or other person in control of that place. 40 41 All ashtrays and other Smoking paraphernalia shall be removed as of such date from any 42 area where Smoking is prohibited by this article by the owner, operator, manager, or other person 43 having control of the area. on shall infiltrate a nonexempt entity. Facilities, nance are exempt from the provisions hereunder until 44 May 14, 2011 (cross reference section 12-165 (6)). This exemption will terminate 45 if smoke infiltrates a nonexempt entity. Signs notifying the public that smoking is 46 permitted in the establishment must be posted conspicuously on all entrances 47 normally used by the public. The signs must have at least one-inch tall block ,- m zm 1 06 OmZZ 0 > 3mry �� m � p zz Z rriZ( S� C OOW n- O C E O m (Dm 0 m cc Z> >7c O O co T-"I r to 0 O 'O IArI I-6 < rr,> -A m �x m 02 _ _-, m� 2> 13 0rcn Z z GI §C c t5c SIT yQ R y2 �O to> O cn2 p 'I .itm7 71 �v>i Oc X1z Z0 1°' 73 -m r O P >o 7.1 - r-_ -I -i v) 0 m 0 o Z O O 73 -n O "(n = lnZ D� _20 n D � Z 0 G- m n Z4 1 N mo>m m Z 03> r n >AO < - F M F Zm t 4200 24 : 72a 186.95 199.95 D34M 750 870 120 14300 14200 12 24* 186.95 199.95 D31T 900 1125 155 16700 16600 • 12 24w 214.95 252.95 Price.and specifications are abject to change without notice.Standard Battery warrants the anginal purehaeer that this battery is free d defect.in material and workmanship tar the numbs domicils indicated on the label.TM.warranty and pro rata eervire adjustment dote not apply to the following:damage due to neglect or abuse:opened container or variation in manufacture!.electrolyte;Gown.diecharged.fire.collision.theft.or mcharging.Neither warrantor nor manufacturer shall be liable for any incidental or renew:lumi ial damage resulting from defects in the battery.2/2005 7395 7295 12 36 88.95 98.95 Is achment B-Compensation es not commence The Scope of Services does not include costs of correction of such nonperformance within 5 days of ENGINEER for required or requested assistance to written notice and diligently complete the correction support, prepare,document, bring,defend,or assist in thereafter. litigation undertaken or defended by OWNER.All such c feasibility,or schedules 1 .1 I 1.1 ,-6- ,,,= NO P € t CATTAIL CREEK EXHIBIT B lq q• T< iiili iq . ., ,..,..:r, COMMERCIAL AREA ME ACKnerr%RH sPECUL COlimall'ME JUNE 14, 2004 ARCHIZEC ZS 192ND ANDSTREETS . ...,...Strezi Suile ZOO Pootko.Odooslko rql.002)45I-44.0 OMAHA, NEB ASKA (REVISED 04.05.06) TO I CY • ALL Cm'S / C Iti8-RECEIVED IN CITY COUNCIL OFFICE IN DIST.#1 SUPPORT, }OPPOSITION (circle one) TO THE DIST.#2 DIST.#3_.__._�. WING: DIST.#4 - ,e Q DIST.#5 �� U Su "If271 ' .&"7.4.; L....0/7 44A- QIST.#6._.� DIST.#7 �S 1 CH.OF STAFF_, oC STAFF CITY CLERK__ �� / -- LOBBYIST_, 3 Juu 13 '06 Name: Address/Zip Code: Nmdit /Telephone: TIME 41(z // AL-4/0-Z 7,3-f 4'f/g ii 3.2' SW�.Z 3 /fir (-1,t o-e i94.- = 7 cfc 3.6— G d/o - 34z6 - ez 7, j.t - 97, 4f-e--,e661 Caf'/a 3-7- P/?if• / Z1Z FGS? /L J 1-4 4-0 /4ie l A" '!%°%s yk44141 (pg//e 3 -.3.3Jo •&.aJ,k11-e9C to D/' ' g; -dad Q�hi°/ ��/s J 7.? -A0 93 ��- 4- t-re-4f-.,-, .5 7 P/g 3 - ?// 3 i ii 4#e Zn4 ,: l'61/ • 145 Plz. 743- 3j/Y a"-&-s-tg. y/ S 3 / �� y (��/' 3 3 �'_ 7 9 sO Z 11 Alt.Nei v i•c�A a� ^e1" riickls di!- yvic.ti4e I- 7/o- 7//(o e,t_ m_GX / Uc y3 f/ ci I ap tr g�3y��rU C27.3:)/c_ e .4� 3i4/ (etifrei- f/is 931- /J 3h °1/6Alir--- i /-3 .6. &//le le 4110,e1.44( clOPI— "° $7 bi 9i"tri /a 3 5-14 ,:.,,_-_L4:,, (pis 196,- ier,3.2,_. fl / / 3v2 3 G,, - (14 • 0 723 �� 3 )( &A9/07 932 - 7.3 a 426 6- (4i0 5-- 99/ iii- gel-6 4$16/ ' ,f/✓'5' G "//i/ 3 3- q{3/i 04) &,..,/ 41'1 d97- 77A� . �.ii_ i..�, 660,,E 9/d 4 7 AGENDA ITEM # 7 6 WED IN CITY COUNCIL OFFICE IN PPORT ' PPOSITION (circle one) TO THE . NG: >cit,i4er;7 Name: I Address/Zip Code: I Telephone: 0 •CID0.40 7'/344e) a sera y 39 -Jose/ d.."264#1415- _ /7 Alo-t,t4 tabs - 93/ 7 • AGENDA ITEM # 3or . i. ►, Z' c co m i N C O aa p Q? O �' v 1 �a � v1iCg N `, ! O O \ r.. O, „,„:„ ... ,_, ,:,, _7., , , Iii n Cd ` r..,0� • C)' COD COD f 1 0 CALL&RECE _ N .CI -COUNCIL OFFICE IN SUPPORT / PPOSITION ircle one) TO THE FOLLOWING: - -') . 16.6n. ei2ftria ).4-04e1 Name: I Address/Zip Code: Telephone: 13.4. % /(of Mad.soK If/lot -11-41a-: t 3 it, 5. -!Z G I/°7 '733-- 3 080 ' .""`o`'- °_ 36 o Z Pa.4 rorp/� S 310- ''2 9 !-e -ei EaLica caq A.? ff Ao a 9 sl/tz. Asia, 3' z - 9 7V V . AGENDA ITEM # 1 • LI fowl " 0\ 46%, Z 1.11 va � C ,l , V� NB ~ t.� 4 8- . ar, n 0 0 n \ 1 © g o C. : % N. ttFco UI c►. I N` * �'• 0 ' ao CD U 1- c " Testimony IN SUPPORT of Smoke Free Omaha Ordinance Metro Omaha Medical Society I am Dr. David Filipi of 602 So 78 St, a family physician who serves on the Douglas County Board of Health. I testify today for the Metro Omaha Medical Society representing 1200 physicians in my role as immediate past president. The Surgeon General has estimated 38,000 deaths nationally due to passive, second-hand smoke. For Nebraska's size, that means that each year 172 die of heart disease and 46 die of cancer. That's correct. 218 non-smokers die in Nebraska each year from breathing in the smoke of others. Countless others suffer from increased asthma, bronchitis, and other respiratory ailments. But to the point, 218 Nebraskans simply die each and every year from second-hand smoke.. The Omaha Medical Society's Executive Committee unanimously supports your proposed ordinance. We decided against the more extreme position of an immediate total ban for three reasons. First, as many of our members are small business owners themselves, we are sensitive to the abrupt disruptions of unfunded mandates; and believe me, health care has many. Second,we achieve our goal of universal banishment of secondhand smoke within 5 years. Third,we support the sincere efforts of a broad consensus of hard-working and respected community partners, as opposed to special interests. As I speak, the American Medical Association meeting in Chicago is considering a resolution calling for a smoke free America for its public places. I expect it to pass by wide margins Frankly I would like to amend the ordinance to protect those under 18. Second hand smoke is particularly harmful to the respiratory tracts of our young pediatric patients. But the physicians of Omaha stand in strong support of this ordinance. And not just us. The Alegent Health System, the Methodist Health System, and the Union Pacific Corporation have all said they would support the position of the Omaha Medical Society. You have the support of large main-line businesses and the active health care community. Thank you, Dr. Thompson and Mr. Suttle for your leadership in this important initiative. Please vote to enact this ordinance. IT) t 4 cs,00 o d •UP o CfQ • �� . o o � ntd rn va o „ ..• ! , c,., . , 5, a. q fi ° � ° C) 0 CD cn ao P V) \' T� �.6Y • ALL MS � DIST.#1 DIST#2� , . MT.#3 DIST#4 June27, 2006 RECEIVED DIST#5 DIST.#7 Omaha City Council 06 JUN 27 AM U I: 23 cll. STAFF FF 1819 Farnam St. CITY CLERK • C i n LOBBYIST_. ,.___) Suite LC — 1 OMAHA, ; TE' c. , Omaha Ne 68183 JLIT 2-7 06 Councilmen, TIME oe ` First, I would like to express our sincere thank you for taking the time to review our request. It is important to note that the intent of this letter is not to debate whether or not smoking should be allowed in public places. Our intent is simply to request that we are given the 5 year extension as well, or the ability to conform to this ordinance. Our family has owned and operated the Marylebone Tavern at 3710 Leavenworth Street for 23 years. Please note this is long before KENO was even an issue in Omaha. My sister and I took over the ownership on December 1st of last year. We have been working very hard since then, and have lived in a whirlwind of information and learning. We had no idea that we were required to obtain KENO by June 8, 2006 in order to continue to allow our customers to smoke in our establishment. Although we recognize that ignorance is no excuse here, we are asking that the businesses affected by this ordinance are given the ability to comply. We are not debating the idea of fairness here either. My sister and I have four kids between us, and you can be sure that we have had to tell them many times that life is not fair. We do, however, believe that the law should be. We do find issue with the notion that this is being done in the interest of public health. Attached is a list of all of the Big Red Keno outlets in the Omaha area (not all places are currently listed). It is unknown what the capacity of these establishments is, coupled with that of Horseman's park. It would be safe to say, though, that is enough to put the issue of public health in question. We truly understand the reasons why the Council would want to include KENO outlets to remain smoking. Certainly, due to the revenue they • generate, but also because KENO patrons would be able to go to LaVista, Bellevue, or Ralston to play KENO and smoke. The Council must understand that we applaud businesses like Petrows who choose to be non-smoking. They are aware of their customers, and know what it is they want. But, to be honest, are people really in this establishment for more than an hour or so? We know our customers also, and what they want. We want the opportunity to provide that. The intent of this ordinance seems a bit discriminatory, and one must wonder if it would pass a legal test. Its application also, seems arbitrary and for that reason we ask that you reconsider the October 2nd deadline, and allow opportunity to comply. Again, we thank you for your time in reviewing our request, and we await your reply. ncerely, f , i A0laknship Y Shell Hu Marylebone Tavern 3710 Leavenworth St. Omaha NE 68105 . .��.�_ .. .........�, .��.� Page 1 of 5 ' Rest • ! • 0 • • • • t I • 0,. .! AX..• • • '• ! • • • _.0 - 4 •,- 81 KENO ' s Oniaha Omaha } -, Main Location: Peony Park 8100 Cass Street View the BIG RED KENO Webcam To View: Glick the link above and enter the user name of demo and password of demo. Your place for great entertainment. .SIG RED KENO _ 21, +fiB49tr+.s M t, KENO 1 1111.11."— �„ e t ; k i u 1, $Keno games starting every five minutes) oSupport our local charities by playing pickles. $Join us at the bar and grill for your favorite all American meals. We serve hearty portions for a lean price. Breakfast is served daily 9 am to 11 am. Satellite Locations: 3's Lounge 8919 North 30th Street (402)457-4433 http://www.bigredkeno.com/ornaha.hint . ...... .,u.�. ,L.,,..►u.,u� Page 2 of 5 36th Street Bar& Grill 5423 South 36th Street (402)736-9356 American Dream 2607 South 120th Street (402)330-2292 American Legion Post 374 4618 South 139th Street (402)895-1324 Arena Sports Bar and Grill 3809 North 90th Street (402)571-2310 Aussie's Pub 2326 N 72nd Street (402)391-1076 Bagdad Lounge (Tangier 2823 South 84 Street (402)392-0407 Shrine Center) Bambino's 2236 North 91st Plaza (402)384-8147 Beer City 4147 L Street (402)733-4782 Big D's Place 5202 South 20th Street (402)734-9062 BJ's Showcase 2229 Lake Street (402)346-2463 Bluejay Bar& Grill 2416 Davenport Street (402)449-9128 Boondocker's 5222 North 120th Street (402)492-8000 Brass Knocker Lounge 3012 North 102nd Street (402)572-9400 Brewsky's Food & Spirits 15350 Weir Street (402)614-2739 Broken Rail Inn 4910 North 16th Street (402)453-0335 Brook Park Lounge 3015 North 90th Street (402)572-9505 Brown Derby Lounge 4036 South 24th Street (402)734-6198 Bucky Dexter's 4213 South 84th Street (402)339-6016 Buster's Route 66 2235 South 20th Street (402)934-9766 C & M Saloon 4201 South 38th Street California Bar& Package 510 North 33rd Street (402)449-9138 Candlelight Lounge 5031 Grover Street (402)554-5822 Cerveny's Bar 5201 South 20th Street (402)734-9056 Charlie Vs28564 Reichmuth Road Valley, NE (402)359-8757 Choo Choo Bar& Grill 14240 U Street (402)895-6617 Clancy's Pub 7128 Pacific Street (402)393-1610 Clancy's Pub West 777 North 114th Street (402)498-6400 Clancy's Southwest 2905 S 168th Street (402)498-6400 Club Roxbury 10801 Q Street (402)339-9791 Coast Saloon 2640 Bob Boozer Drive (402)697-0179 Connection's 1901 Leavenworth Street (402)933-3033 D's Frontier 8516 North 30th Street (402)451-5687 DJ's Dugout 636 North 114th Street (402)493-3004 Danny's Bar& Grill 2007 North 72nd Street (402)556-9286 Darby's Tavern 6503 Sunshine Drive (402)738-8330 Dave's Pub 8805 Maple Street (402)391-2589 Delta House 3121 N 108th Street (402)934-4042 Dinker's Bar& Grill 2368 South 29th Street (402)342-9742 Disabled American Veterans 4515 F Street (402)731-4088 Do-Hickey's 4936 South 135th Street (402)895-3111 I http://www.bigredkeno.com/omaha.htm +. J.u1 vuaaYLLa LVV4UV11J Page 3 of 5 Donahue's 3232 L Street (402)934-4093 Drift Inn 4332 S 33rd Street (402)733-9505 Eclipse Tavern 1201 S 157th Street Elbow Room 4973 Center Street (402)556-0867 • E'z Place 15761 West Dodge Road (402)330-0505 Fan Tan Club 5915 Center Street (402)556-1986 Fedora's 711 N 114th Street (402)932-6559 Finnegan's Pub &Grill 4309 South 120th Street (402)333-6181 The Forgot Store 11909 Calhoun Road (402)451-9896 Fullhouse 6135 Military Ave (402)558-3133 Fuzzy's New 4024 North 24th Street (402)933-8831 Gaeta's Restaurant 8505 Frederick Street (402)392-2306 Geneaux's Lounge 5051 South 108th Street (402)592-0330 Getaway Lounge 4745 South 96th Street (402)593-8814 Gilligan's 1407 Hamey Street (402)449-9147 Goodfella's 623 South 16th Street (402)341-9030 Goodman's Bar 1702 Vinton (402)449-9130 Grant Street 8919 Grant Street (402)391-7090 Grover Inn 3505 South 42nd Street (402)553-1118 Harolds Bar 8558 Blondo (402)391-6313 Hattie Mae's 5430 North 42nd Street (402)451-6221 Henry's Sports Bar 7768 Cass Street (402)392-0488 Hillside Pub 8033 Blondo Street (402)393-3929 Ice House 10925 Emmett Street (402)445-0440 Jerry's Bar 6301 Military Avenue (402)553-3343 JJ's Bar& Grill 3201 South 24th Street (402)933-5002 Joe Banana's Food & Spirits 1022 South 10th Street (402)342-9902 Joe's Duck Inn 13336 Millard Avenue (402)895-9987 Jonesy's Cafe&Sports Bar 8602 Maple Street (402)955-1315 Julian's Sports Grill 13806 P Street (402)895-9355 Just One More 4303 S 89th Street (402)331-9998 Kelley's Hilltop Lanes 1313 North 48th Avenue (402)553-6411 Ko Zee Lounge 5813 North 60th Street (402)572-0297 Kurt& Clyde's 2202 South 13th Street (402)341-1991 LT's 308 308 South 24th Street (402)9347456 Landslide's 14901 Industrial Road (402)333-8185 Library Pub 5142 North 90th Street (402)455-2450 Lighthouse 15676 West Maple Road (402)498-3824 Liquid Lounge 11341 Davenport Street (402)334-2882 Little Polonia Bar 3804 Q Street (402)733-3900 Louis Liquor 5702 NW Radial Highway (402)551-5993 http://wvvw•bigredkeno.com/omaha.htm DICi�V11I fl4 LUcaluO11J rage 4 or • Mdcky D's Lounge 8414 Q Street (402)331-0917 Maggie McCall's Sportsbar 9525 Q Street Mama's Kitchen 5903 North 16th Street (402)934-5903 Maplewood Lanes 3030 North 101 st Street (402)572-9393 McFIy's Center Street Tavern 4503 Center Street (402)553-5172 McGill's Pub 1830 North 72nd Street (402)393-6220 Melibu Lounge 7660 North 30th Street (402)451-6663 Mickey Finn's Sports Cafe 12107 Emmett Street (402)498-2988 (121st& Emmett) Moe &Curly's Pub 2946 North 108th Street (402)493-9808 Molly's Pub 8525 Park Drive (402)597-6033 Mounty's Pub and Grill 8634 F Street (402)592-7900 Mr. D's 3231 Hamey Street Muldoon's Pub 12143 West Center Road (402)330-8002 Musette Bar 6020 Maple Street (402)554-5830 MVP Lounge 5434 South 99th Street (402)331-9815 Neighbor's Lounge 4689 Leavenworth Street (402)553-7443 The Nest 2638 South 158th Plaza (402)330-4855 Newell's Bar 2202 South 16th Street (402)346-3202 Nite Hawks Cafe 4825 North 16th Street (402)451-0302 O'Brien's Lounge 1016 South 74th Plaza (402)391-2234 Observatory Lounge 2810 South 148th Street (402)855-3483 Office West Lounge 1266 South 119th Court (402)330-1122 • The Old Bar 1008 Bancroft (402)346-9665 Old Mill Lounge 10944 West Dodge Road (402)493-1456 Olympic Lounge 1419 Famam Street (402)345-6040 One-N-Go Saloon 4917 South 136th Street (402)895-6933 Oscar's 17330 Lakeside Hills Plaza Outpost Bar tP 6301 S 36th Street (402)734-9058 Pat& Mike's 9136 Bedford Avenue (402)571-3182 Pat's Pub 14334 U Street (402)397-1336 Pauli's 4016 Leavenworth (402)345-7959 Pierce Street 1054 S 20th Street (402)342-5366 Pit Stop Pizza 14513 W Maple Road PJ's Lounge and Grill 7402 F Street (402)596-0128 Prestige Lounge 15240 West Maple Road (402)493-3009 R Bar 6117 Maple Street (402)558-1365 Ramada Inn 2002 E Locust Street (402)342-5100 Ratigan's Pheasant Tavern 13909 S Street (402)895-3311 Red Eye 8437 Center Stree (402)393-7775 Rendevous Bar 1502 Vinton Street (402)342-2845 http://www.bigredkeno.com/omaha.htin 4/11 i111n4 bsituc. umana Locations Report Inn Pub 12100 West Center Road (402)758-1093 Rooster's Pub & Eatery 2076 North 117th Street (402)493-6182 Rusty Nail Inn 14210 Pierce Plaza (402)333-7370 Sam's Lounge 9658 Mockingbird Drive (402)592-3230 Sidelines Sports Bar 4821 Q Street (402)933-7433 Sammy Sortino's/Ali Gata 1414 South 72nd Street Keno Lounge Skyybox South 168th Street Sportsman's River Lodge 27849 West Center Road (402)359-4322 Spring Inn Bar 2703 South 10th Street (402)345-1973 Starsky's 4020 S 13th Street (402)734-9071 Straight Shooter's 7402 F Street (402)331-9900 Stu's Place 9101 Bedford (402)572-9100 T's Tavern 7821 Military Avenue (402)572-9100 Tailgator's Bar& Grill 1702 North 120th Street (402)493-0351 Tanner's 15505 Ruggles Street Tavern on Q 18010 R Plaza, Suite 2 Tiger Tom's Pub 4424 North 72nd Street (402)572-9678 Trackside Lounge 1506 South 60 Street (402)556-7686 Triangle Bar 6801-3 Railroad Avenue (402)734-9073 VIP Lounge 9001 Arbor Street (402)393-9230 Waldo's Pub 5936 Q Street (402)733-5101 Wayside Tavern 8503 Maple Street (402)391-7162 Welcome Inn 2332 South 24th Street (402)344-2850 West Lanes 151 North 72nd Street (402)556-3344 Western Bowl 4725 South 131 st Street (402)895-3808 Why Not Lounge 5082 South 136th Street (402)895-9990 Wild Rose Saloon 7024 Maple Street (402)573-6902 Winchester Bar & Grill 7002 Q Street (402)331-9933 Your Place 1951 St. Mary's Avenue (402)344-2310 Send questions or comments about this website to kenomail®bigredkeno.com. The Big Red Keno logo and the Big Red Keno ball are registered trademarks of Big Red Lottery Services Ltd. and its affiliates. All Rights Reserved. Copyright ©2000 Big Red Keno Last modified: November 14, 2005 http://www.bigredkeno.com/omaha.htm 6/23/2006 • / Fi 7 on • ^ C 5LU cC § \ U « ° 0 0 k \ O j \ � o p - _ . 0 §• \ \ §` k 2 k• e o . § & ' �. ,0 � ? v.2 7 § / 2 \ ± \ ¢ y k q c ) § / n ± n lti G , P 2 n 5' § Ph)/ .. Janet Benkis 4620 Fontenelle Blvd I oppose any ban of anything legal. I am not part of an organization. I am a resident Of Omaha. My "Special Interest" is Omaha, Nebraska and maintaining Freedom of Choice. I oppose Smoking Bans, not just in Omaha, Nebraska, but everywhere. Bans of any legal substance or service violate not only my right to freedom of choice but a business' right to offer what is legal. Right now I am fighting the smoking ban propositions with my own petition leaving the decision between the businesses and their patrons. Others feel that"Compromise" means special interests get special considerations. • Businesses have the right to offer whatever is legal. It is their investments at stake. People still have "free will." Free-Will, Freedom of Choice, that is what gives you the right to enter or leave any place for any reason. The proposed Ordinance not only is an insult to business owners and the citizens of Omaha by eliminating freedom of choice, it can prove to be dangerous. Many establishments provide food in the hopes of offsetting the effects of alcohol. Enactment of this Ordinance will force many to stop selling food—which also acts as a source of revenue for the business owner. To me the proposed Ordinances speak too much of Special Interests courting our City Council, it seems their interests have a higher priority than the wants and needs of tax-paying City of Omaha Residents and Small. Business Owners. Mr. Thompson's idea of excluding the Keno establishments and Horseman's Park because the City of Omaha cannot afford the sudden drop in revenues that Smoking Bans have proven to cause, is an insult to all business owners. What about the sudden drop in their revenues? Don't they matter? This Ordinance gives Keno and Horseman's Park 5-Years to go smoke free, and the petition that may soon be out eliminates the 5-Years. They will never have to go smoke-free. It also implies if businesses wish to be left alone, they will need to provide Keno, is that or is that not Special Interest? What about smaller businesses? How many will go under while there are protected-entities? It has been proven that businesses will fold BECAUSE of Smoking Bans. Reference: KPTM, KETV and KMTV news reports. There are businesses that have done well as "Smoke-Free" businesses and I personally support these businesses and their decisions. This is what my petition is all about. Freedom of Choice for the business owner and their patrons. This is about freedom of choice it cannot be about anything else. The Right to Breathe Clean.Air? There is no such right. If a place allows smoking and you do not like it, you can leave or not enter, but you still will not be breathing "clean air"thanks to the factories, trucks and automobile emissions. Right to enjoy yourself when you go some place? That is a personal choice, not a right. Taking choice away from business owners ultimately takes the choice away from the people. ., . ., , % s_ 0 cn L b t,..) 0 0 N 12 Np O d `C'ci , \ , p Q\ 0 n 0 0 0 � 1 log 0 \h\4 ` N ~ C N. a1 ./ ,o \ i . 1; `1 ` p O n r-li % 0", ,.. .-• to o V t .... 0 ,-o 'c';)" ` C) O U EEn Q. O D \' • Page 1 of 1 I£ Brown, Buster (CCIk) From: GASP President- Mark Welsch [GASPnebr@cox.net] Sent: Tuesday, June 20, 2006 9:39 AM To: Omaha CC Jim Vokal; Omaha CC Jim Suttle; Omaha CC Garry Gernandt; Omaha CC Franklin Thompson; Omaha CC Frank Brown; Omaha CC Chuck Sigerson; Omaha CC Dan Welch; Buster Brown; Warren Weaver- Omaha CC Cc: Omaha Mayor Mike Fahey; Paul Landow; Reed Peters MD; Mike Salkin -GASP VP Subject: GASP Had No Part in Phone Calls Dear Councilmen, I read in today's paper that the American Cancer Society caused many harassing phone calls to be made to your home. GASP never encourages our supporters to call public officials at their residence. We had no part of that effort. • Respectfully, Mark Mark E. Welsch, Organizer of"Citizens FOR a Smoke-Free Omaha" and. President of GASP of NE, Inc. Group to Alleviate Smoking Pollution 5611 Howard Street, Omaha,NE 68106-1257 402-558-0463 GASPnebr@cox.net www.SmokeFreeNebraska.org 6/20/2006 •MAHA INC. Parent AL!em'S J 0 CYResources and Information on Drug Education DIS T#,--------�--- lJlsT.#2 , 3534 South 108th Street, Omaha, Nebraska 68144 g C. 3 -- 402-397-3309 FAX 402-397-9924 www.pride.org DIST.f,`4 fJlsi:>¢5 1IST.#6 DIST.#7 CH.OF STAFF STAFF CITY CLERK LOBBYIST_ June 16, 2006 JUPJ 1 9'06 TIME Omaha City Councilman Dan Welch Omaha City County Building 1819 Farnam Street Omaha, Nebraska 68183 • Dear Council President Welch: I sent an e-mail to each Omaha City Council member this morning and some of you have sent back that you cannot open it. So I am just sending this message via the postal service. I again thank you for trying to pass a smoke-free workplace ordinance. I'm still concerned that so many exemptions make this proposed ordinance worse than no law at all. Maybe the enclosed picture says it best. Sincerely yours, Susie Dugan Encl. Programs and services provided by PRIDE-Omaha,Inc.are supported in whole or in part by funds provided by the Region 6 Governing Board and the Nebraska Health and Human Services System from State and Federal Block Grant allocations. .. • The Lighter Side • • l ,,., / C .i kIVW°D&' et..%,,c vt,..-i, -ws....„...... , "Iii.Li-44., -,...,-.it...„:-..--,:;v •• . „...4, ...... .a 01 .0 ;...4 �� i Ail ...,,,, r .4 • --::.;,. '% ,��'' rift i ',I) :,. ,__,,_. • \. l �v \j .� . rat.� �� ( l • v . 0.`0 /4 /ltPle7 cypV R/t20 00v/o(o ••'' 4 1\� Page 1 of 1 Brown, Buster (CCIk) From: Steve and Susan McCarville [mccarvillel@cox.net] Sent: Monday, June 19, 2006 2:04 PM To: csigerson@ci.omaha.ne.us Cc: bbrown@ci.omaha.ne.us Subject: Smoking Ban Dear Mr. B. Brown and Sigerson and members of the City Council: I would like to express my support of a smoking ban for Omaha in work places and public places. The proposed ordinance is cited below. As one who can "breathe easier" when smoking is banned I would appreciate your support of this law. My wife and I both have respiratory conditions where our health can be impaired if we are near "smoke filled rooms." The idea that small businesses will be impaired does not bear scrutiny if all businesses are treated alike. People will still be allowed to smoke in their homes, cars, and out of doors. I do not need to quote the medical facts here as Dr. Filipi has already submitted them. I hope you will think of the health of your constituents when dealing with this ordinance. I agree that people have the right to smoke and endanger their own health. The problem is that if I want to be in a "public place" because of my job, or want to watch the CWS in a sports bar, or attend a meeting, or even a wedding reception I have to weigh the health risks before I go. Please vote for a healthier Omaha. Steve McCarville 10617 Hartman Ave. Omaha,NE 68134 smcrvl@yahoo.com 402 498 0208 Ord. to add to Chapter 12, "Health and Sanitation", a new Article VIII. entitled "Prohibition on Smoking in Workplaces and Public Places"to prohibit smoking in workplaces and public places; to state findings and intent; to specify definitions; to create exceptions; to require signage; to prohibit retaliation; to provide duties and procedures for enforcement; to create penalties; to add a severability clause; to repeal sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code; and to provide an effective date - see attached. Ord. to add to Chapter 12, "Health and Sanitation", a new Article VIII. entitled "Prohibition on Smoking in Workplaces and Public Places" to prohibit smoking in workplaces and public places; to state findings and intent; to specify definitions; to create exceptions; to require signage; to prohibit retaliation; to provide duties and procedures for enforcement; to create penalties; to add a severability clause; to repeal sections 20-274 and 20-275 of Chapter 20 of the Omaha Municipal Code; and to provide an effective date - see attached. ((PUBLIC HEARING HELD 6/13/06 - CAN BE PASSED TODAY)) 6/19/2006 Page 1 of 1 Brown, Buster (CCIk) From: Mark & Emily Simmons [markandemilys@yahoo.com] Sent: Wednesday, June 14, 2006 8:56 AM To: DWelch@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Vote for a Smoke Free Omaha Dear Councilman Welch, I live in your district, and am not from Omaha originally. I found it apalling when I moved here that smoking is still allowed in restaurants and other places of business. No other states I have lived in (5 thus far) have I found this to be true. Because of this, I find myself not attending restaurants I used to love or doing things I used to enjoy (bowling) because of the smoke to which I have a severe allergy. It also makes me feel less proud of Omaha as a city and I am upset that this legislation has not passed yet. Would you please work to improve the smoke-free ordinance and protect us and our children from second hand smoke in restaurants, smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. The exempted businesses that want to allow smoking need to be adult only businesses. Protecting our and our children's health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Emily Simmons 402-933-6500 x1014 markandemilys@yahoo.com Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 6/14/2006 Page 1 of 1 Brown, Buster (CCIk) From: Linda Farho[Iindafarho@yahoo.com] Sent: Wednesday, June 14, 2006 1:23 PM To: FThompson@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Smoke Free Ordinance Dear Councilman Thompson, I have suffered the devastating loss of three family members to lung cancer. In all cases, the family members were long-time smokers and one couple were bar owners. As a child I developed asthma and severe allergies, likely precipitated or at least made worse by exposure to my parents smoking. I would like to thank-you for your efforts in moving toward a smoke free city. I understand that the council's currently proposed ordinance offers an exemption for keno operations. I strongly advocate improving the smoke-free ordinance by applying the keno exemption only to "adult" establishments. Keno businesses would have the choice of complying with the smoke-free ordinance or limiting their clientele to those 18 years of age or older. Children should be protected from second-hand smoke and its negative health consequence. Unfortunately, some parents are not as well educated as they should be regarding the risks of second hand smoke and therefore are not equipped to make sound decisions on behalf of their children. In these cases, it is up to lawmakers to provide this protection. If the city council is unable to pass an smoke free ordinance that protect's children's health,I will vote for the Citizen's Ordinance in November. Thank-you for your consideration. I will be watching this issue closely. Respectfully, Linda M. Farho, PharmD 8627 Douglas Street Omaha,NE 8114 lindafarho@yahoo.com Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 6/14/2006 Brown, Buster (CCIk) From: Steve Dawes [sdawes@cox.net] Sent: Tuesday, June 13, 2006 7:37 AM To: GGernandt@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Omaha needs a Smoke Free Ordinance Hi Garry, Just a quick note to let you know Marta and I both are non-smokers that support a full and total ban on smoking in Omaha ASAP. This is a simple health issue, nothing more. Laws to protect people from danger is nothing new. The time has come for Omaha to move forward on this issue. I plan on being at this afternoons council meeting in support of this. See you there. Steve (& Marta) Dawes 5708 S 15th St. Omaha, Ne. 68107-3572 Steve "My brother need not be idolized, or enlarged in death beyond what he was in life, to be remembered simply as a good and decent man, who saw wrong and tried to right it, saw suffering and tried to heal it, saw war and tried to stop it. " Ted Kennedy's eulogy for his brother RFK 1 Page 1 of 1 Brown, Buster (CCIk) From: Jen Egan [nage5605@yahoo.com] Sent: Monday, June 12, 2006 11:17 AM To: JSuttle@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Smoke-Free Ordinance Dear Councilman Suttle, I am writing today to voice my support for the Citizens FOR a Smoke-Free Omaha and to ask the City Council to please consider the health and well being of our fellow Omahans and the future Omahans to come. As a voter and expectant mom, this issue is very important to me, and one I believe will only benefit the community. Smoking not only hurts the smokers, but everyone around them. While I feel they are entitled to live their lives as they wish,when their actions negatively impact me directly, I feel that I should be protected from their harm. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals,while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Jennifer Egan 7046 Glendale Av Omaha,NE 68152 402-517-1324 nage5605@yahoo.com CC: Buster Brown, City Clerk BBrown@ci.omaha.ne.us Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 6/12/2006 Brown, Buster (CCIk) From: Maureen Oberdorfer[mo_n_cho@hotmail.com] Sent: Monday, June 12, 2006 10:46 AM To: fthompson@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Smoke-Free Omaha Ordinance Dear Councilman Thompson, I have written in the past and was disappointed that you did not take a strong stand in support of smoke-free eating establishments in Omaha. As a health professional, health conscious citizen,and mother, I deem the smoke free ordinance to be of great importance to Omaha. Therefore, I believe it is incumbent upon you to protect your consitutents by working for a strong smoke free ordinance. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha' s children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children' s health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen' s Ordinance in November. I will be watching this issue very closely. Respectfully, Maureen K. Oberdorfer 16711 Hickory St. Omaha, NE 68130 phone: 334-5010 email: mo_n_cho@hotmail.com 1 AA J04 . Alp.- 0 •- ,o, RECEIVED /\.. - t 06 JUG! 12 All 9: 35 1 - 0 "S,TRA,IG.IIT SIIQQTIN„ V.,l" ' r June 10, 2006 Omaha City Council 1819 Farnam Street :�, Suite LC-1 Omaha, NE 68187 Dear Council Member Welch: jl It is pathetic that our local democratic process is now a "voters initiative" to vote your neighbor out of business for no other reason than you don't like '�I what he or she is doing. `' 1 THIS IS AMERICA—The sign on the front door of my property states this business is a "Smoker Friendly Business". This means in plain language if you don't smoke or if smoke bothers you-DON'T COME IN. 4,. 14 Sell a City Permit to a smokers only business, be it a pool hall, tobacco , shop, cigar bar, truck stop, or any business person that must protect his business by letting the public decide if they want to enter the business or if their a health risk to themselves. CY ALL CM S I DIST.#1 _ _- DIST.# _-. t Keep Ameri ree, a„ .#3 _ - DIS7#r4 l� .. `-k_ DIST.#f5 D1ST.06 DIST:#7 , cc. J.L. Spray Will Prout, Owner CH.OF STAFF - ✓ STAFF Andrew Loudon CITY CLERK Lincoln City Council LOBBYIST r MI 1 ,Y. 6 TIME 9, Sit *-,3,4 eif .0 ) `V 0. BIG JOHN'S BILLIARDS, INC. - A FIRST CLASS BILLIARD CENTER 9819 "M" ST., OMAHA, NEBRASKA 68127 PHONE (402) 592-3545 Akt 11111°4AA c."1 M1 June 6, 2006 E 4 fIft "STRAIGHT SHOOTIN" Iy.'.4 Lincoln City Council: . rr Lincoln,Nebraska Dear Councilmen Eschliman: I have operated my pool hall in Lincoln successfully for over 22 years. The smoking _„ ban installed by the Council and ratified by the local voters over 18 months ago has ;S..I ie closed my business. Big John's has survived so long as a business because the building „`; was designed to clear the smoke from the air inside the pool hall. The City Ordinance ''1 banning smoking in the pool hall has caused most of my customers to go some place else , i and has caused a great loss of income to myself. I am asking the council to consider granting Big John's a waiver, license, or permit to ' w operate a smokers only pool hall in the City of Lincoln. (_''`<`. %.'74 The resulting effect of the smoking ban on a business that caters to smokers only was - , not considered by the council or the voters. I am sure the voters would not condone a ` ;d policy of voting someone out of business because they did not like what he or she was ; doing. ,, 1 In considering my request to provide exceptions to the Lincoln smoking ban for Big -4 John's Billiards "a smokers friendly pool hall" 1. State Law allows smoking in the entire building and complies with the Nebraska ,T Indoor Clean Air Act as a"stand alone bar". ;- 2: As a Business, Big John's has the right to discriminate against a class of people 1 IA that smoke or don't smoke. We chose to clarify, at the front door,that this is a pool hall for smokers and we only hire people who smoke. p building was built in 1983 to be used as a pool hall. The business 1 3. The special use b g as a tenant is into the third 10-year lease and because of the smoking ban has not paid the $7,000 per month rent for over 13 months. �` 4. There is no reason to deny my request for a permit to allow a smokers only pool hall in the City of Lincoln. There is nobody to protect from second-hand smoke r'`] and the business financial records prove that the business can not survive as a smoke free establishment. 5. After one year you, as a councilman, have the ability to correct the results of this unjust law and grant my request. Please helpmeprotect mybusiness bymaking some in the City - g adjustment �; Law so I can continue to operate. I : Thank Yo ili cc. J.L. Spray `.��-�� „M , Andrew Loudon Will Prout, Owner V' '�""nr7" 9 t U sn�? Rb 1 'xig,:pn 5�4.';r �.s. ^I #'Via'''''8 i.l ' 3€ A Q . .. �' S' , ^.�,` 7iT M ° t- '3.;,etc -:-:—Tr I ?-;,'r 'A. -. �+$�._"�.�`fa_�3�:'� ��3 ,�� M f} C�F`i -� ....�ciya"f;�',s,,��� �, t:"h_ L,,. .�.zc._.,.... �".c�a,..:R�., _�Jy, _.- ._ � , ;yid►6 ,0 BIG JOHN'S BILLIARDS, INC. - A FIRST CLASS BILLIARD CENTER 9819 "M" ST., OMAHA, NEBRASKA 68127 PHONE (402) 592-3545 • 0 0 0 0 0 0 I- 4cci of ' U rn co Co M �f CO • cli 00n! 0 O O O O sr er rn O O O O N N N N 000 © uoo 000 n. 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Z UriF voi I Z Sa 0O 10 M r- 1 W -. z r_. 1 Z 0 m ) N N W ����� U, O O O O Nvf- O O O O O O O I 0 N N t� 0 J O O O O O O O Z rco co co H O 0 0 0 0 0 0 cN cp Cl N O 0 0 0 0 0 0 0 Z r) v Lc) co ~ O� coo co V- M N c O O O o Q N N N N U z Big John's Billiards Lincoln NO SMOKING BAN SMOKING BAN Nov. 1,2003 to April 30, 2004 Nov. 1.05 to April 30,06 • • Revenue Expense 4010 Sales-Liquor&Wine 224,028.15 108,454.10 4060 Sales-Food&Pop 47,814.20 2,566:70 4080 Sales-Games 93,395.00 43,446.00 4140 Sales-Cigarettes 4,456.75 2,432.10 4160 Sales-Cue Sticks, Cases 3,593.00 1,517.72 4182 Sales Tax Expense (19,549.60) (9,157.62) . 5010 COS-Liquor&Wine 15,117.97 10,953.30 5020 COS-Keg Beer 30,504.00 14,533.20 5040 COS-Bottle Beer 16,402.28 7,861.50 5060 COS-Food&Pop 30,430.10. 4,791.78 5140 COS-Cigarettes 1,833.83 0.00. 5160 COS-Cue Sticks, Cases 1,793.35 1,517.72 5180 COS.-Misc. 276.25 0.00 5260 Salaries-Officer 4,800.00 0.00 5280 Salaries-Employees 81,793.02 44,483.05 5290 Payroll Taxes-FICA 5,481.22 2,760.75 5291 Payroll Taxes-Medicare 1,281.78 645.76 5292 Payroll Taxes FUTA . 497.84 281.96 5293 Payroll Taxes-SUTA 1,555.92 1,266.70 5305 Advertising-Print 1,011.38 335.86 5310 Advertising-Radio 12,970.00 682.70 5320 Automobile 2,940.90 2,595.01 5330 Bank&Credit Card Charges 142.00 214.04 5335 Bar Supplies 2,679.54 852.11 5340 Billiard Supplies 1,383.50 37.00 5360 Cash Short/Over 481.24 42.80 • 5380 Coupons 243.00 0.00 5390 Depreciation Expense 4,059.00 2,029.50 5400 Donations 605.00 35.00 5410 Dues&Subscriptions • 1,251.59 749.56. 5440 General&Paper Supplies 5,850.60 1,692.25 • 5465 Insurance-Medical 3,545.09 0.00 5466 Insurance-General 8,569.00 5,142.00 5475 Interest Expense 2,784.00 0.00 5480 Janitorial Supplies 1,274.53 1,073.21 5500 Laundry Service 1,531.81 769.67 5510 Licenses&Permits 1,401.00 • 500.00 . 5530 Miscellaneous Expense 350.27 709.70 5550 Office Supplies&Printing 1,625.34 735.18 5560 Penalties . 91.63 0.00 5570 Pool Tournament Prizes 1,380.00 1,639.00 5580 Professional Fees 2,772.75 6,610.35 5590 Rent Expense • 36,000.00 0.00 5600 Repairs&Maintenance-Bldg 5,595.11 701.00 5605 Repairs&Maintenance-Equip 2,514.76 1,714.68 5610 Repairs&Maintenance-Games 1,215.47 41.27 5615 Repairs& Main-Lot& Ext 3,025.48 1,276.52 5650 Security Expense 737.72 821.10 5660 Shirts&Screen Printing 1,625.60, 146.59 5680 Taxes-Real&Personal 5,481.55 5,618.35 5700 Telephone Expense 1,885.67 1,907.12 5730 Utilities 11,654.86 7,397.37 353,737.50 320,446.95 149,259.00 135,246.37 Net Income 33,290.55 15,612.63 FY 2004 MAY LINCOLN ' FOOD& BEV. DEPOSIT PAID ours + OR- POOL 1-May 2,144.75 2,145.00 - 0.25 612 SAT 2-May 994.70 993.00 - (1.70) 257 SUN 3-May 731.70 728.00 - (3.70) 171 MON 4-May 662.00 662.00 - - 161 TUE 5-May 1,084.35 1,082.00 - (2.35) 162 WED 6-May 858.15 857.00 (1.15) 148 THU 7-May 1,405.50 1,405.00 - (0.50) 373 FRI 8-May 1,457.00 1,457.00 - - 442 SAT 9-May 916.90 915.00 - (1.90) 275 SUN 10-May 932.40 930.00 - (2.40) 218 MON 11-May 892.20 893.00 - 0.80 189 TUE 12-May 987.30 985.25 (2.05) 172 WED 13-May 1,197.50 1,196.00 - (1.50) 246 THU 14-May 3,497.90 3,498.50 - 0.60 512 FRI 15-May 1,363.35 1,363.00 - (0.35) 531 SAT 16-May 997.80 997.00 - (0.80) 223 SUN 17-May 905.85 906.00 - 0.15 203 MON 18-May 953.00 953.00 - - 159 TUE 19-May 948.15 945.00 - (3.15) 210 WED 20-May 967.45 964.00 - (3.45) 230 THU 21-May 2,251.45 2,248.00 - (3.45) 461 FRI 22-May 1,570.80 1,570.00 - (0.80) 473 SAT 23-May 775.00 774.00 - (1.00) 182 SUN 24-May 766.60 766.00 - (0.60) 164 MON 25-May 991.10 991.00 - (0.10) 185 TUE 26-May 1,125.65 1,126.00 - 0.35 114 WED 27-May 913.55 915.00 - 1.45 146 THU 28-May 1,635.35 1,636.00 - 0.65 336 FRI 29-May 877.65 878.00 - 0.35 273 SAT 30-May 1,006.45 1,007.00 - 0.55 231 SUN 31-May 416.85 .417.00 - 0.15 91 MON 36,228.40 36,202.75 - (25.65) 8,238.00 WK 28-31 CIGS 603.00 CUES 304.00 TOTAL 37,135.40 34,705.98 2,429.42 POOL 8,238.00 7,699.07 538.93 TAXABLE 42,405.05 2,968.35 75.00 2,893.35 GROSS SALES 46,013.05 CASH 3,608.00 FY 2006 MAY LINCOLN FOOD & BEV. DEPOSIT PAID ours + OR- POOL 1-May 366.25 366.40 - 0.15 75 MON 2-May 285.10 . 284.75 - (0.35) 36 TUE 3-May 372.95 373.00 - 0.05 87 WED 4-May 307.85 308.11 - 0.26 102 THU 5-May 695.75 696.00 - 0.25 225 FRI 6-May 775.40 777.00 - 1.60 303 SAT 7-May 223.10 223.00 - (0.10) 167 SUN 8-May 366.65 355.00 - (11.65) 89 MON 9-May 305.50 305.80 - 0.30 92 TUE 10-May 241.20 244.00 - 2.80 65 WED 11-May 330.35 330.00 - (0.35) 130 THU - 12-May 462.50 464.00 - 1.50 252 FRI 13-May 687.35 678.00 - (9.35) 270 SAT 14-May 245.70 246.00 - 0.30 129 SUN 15-May 314.45 315.00 - 0.55 78 MON 16-May 281.10 281.00 - (0.10) 92 TUE 17-May 283.70 282.00 - (1.70) 103 WED 18-May 201.55, 202.00 - 0.45 75 THU 19-May 467.65 466.00 - (1.65) 213 FRI 20-May 817.00 798.00 - (19.00) 232 SAT 21-May 234.30 235.00 - 0.70 107 SUN 22-May 345.95 346.00 - 0.05 58 MON 23-May 364.20 364.00 - (0.20) 27 TUE 24-May 293.60 294.00 - 0.40 58 WED 25-May 455.45 455.00 - (0.45) 130 THU 26-May 664.75 665.00 - 0.25 240 FRI 27-May 580.40 580.00 - (0.40) 233 SAT 28-May 494.50 495.00 - 0.50 205 SUN 29-May - - - - - MON 30-May 321.25 321.00 - (0.25) 90 TUE 31-May 271.35 271.00 - (0.35) 61 WED 12,056.85 12,021.06 - (35.79) 4,024 W K 27-30 CIGS - CUES - TOTAL 12,056.85 11,268.08 788.77 POOL 4,024.00 3,760.75 263.25 Games 803.00 ATM 400.95 TAXABLE 15,028.83 1,052.02 0.025 26.30 1,025.72 GROSS SALES 16,232.78 CASH 1,203.95 • City Council Member City Council Member Ken Svoboda - Chair Dan Marvin 555 S. 10th Street 555 S. 10th Street Lincoln, NE 68508 Lincoln, NE 68508 Personal & Confidental City Council Member City Council Member Jon Camp Annette McRoy 555 S. 10th Street 555 S. 10th Street Lincoln, NE 68508 Lincoln, NE 68508 Personal & Confidental Personal & Confidental City Council Member Jonathan Cook City Council Member 555 S. 10th Street Patte Newman Lincoln, NE 68508 555 S. 10th Street Lincoln, NE 68508 Personal & Confidental Personal & Confidental City Council Member Robin Eschliman 555 S. 10th Street Lincoln, NE 68508 Personal & Confidental 11248 John Galt Boulevard • Omaha, NE 68137 .111,e,C1COMPANIES Phone (402) 1„ F �, , Fax (402) 339-7382 06 JU' —9 PH 3: 56 TO I CY CITY ALLCM'S i t E to DI T.#1 1-771 0 June 9, 2006 A H, , N E � ,�4i DIS T 1>2 3a • DIST.6':3 DIST:Ala DIST.#5 The Honorable Franklin Thompson - D1ST.#S Councilmember . DI`'T.#' CI?.Omaha City Council STAFFQF STAFF t 2d Floor CITY CIE e Omaha Douglas Civic Center LQBBYIST 18th & Farnam Sts. Omaha NE 68183 JI�i.l ©9 G 3S— RE: Proposed Smoke.Free Ordinance TIME v2 Dear Councilmember Thompson: During discussions about the proposed smoke free ordinance currently pending before the Omaha City Council, there has been a question raised about whether the businesses that would be exempt from the ban for a period of time,intend to come in at the end of that period and seek an extension of time for the exemption. I can assure you, your colleagues and the Mayor of Omaha that nothing would be further from the intention of Big Red Companies. In fact, upon passage of this ordinance by the Omaha City Council, it is Big Red's intention to begin immediately working toward a statewide 100% smoke free law. Such a law would put all businesses in the state'on a level playing field, and accomplish the same economic result for Big Red and the City of Omaha as a local smoking ban with a keno exemption. Thank you for your work on this ordinance, and please feel free to contact me if I can be of further assistance. Ver my yours, Daniel G. Pankow President& CEO Big Red Companies c: City Council Members Mayor of Omaha • Page 1 of 1 Brown, Buster (CCIk) From: wikikemp@yahoo.com Sent: Friday, June 09, 2006 11:33 AM To: DWelch@ci.omaha.ne.us; BBrown@ci.omaha.ne.us Subject: Smoke Free Omaha Dear Councilman Welch, We would like to see a smoking ordinance enacted in Omaha because we get headaches whenever we go into a smoky restaurant. We also have friends who get sick with migranes. We have talked to children and parents at several places (our church and sports activities)who would also like bowling alleys to be smoke free. Non-smokers have never had any rights or choice when it comes to second-hand smoke. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals,while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Steve and Vicki Kemp 12715 Atwood Ave Omaha, Ne 68144 (wikikemp@yahoo.com) Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 6/12/2006 Page 1 of 2 Brown, Buster (CCIk) From: Deb Hanson [dhanson03@cox.net] Sent: Friday, June 09, 2006 12:41 PM To: DWelch@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: smoking ban Dear Councilman Welch, The proposed smoke-free ordinance is of personal importance to me. My daughter and I both have severe allergies and asthma. A night out to a restauraunt shouldn't have to mean a trip to the doctor's office the next day for either of us. With the adverse health consequences of second hand smoke being so well documented, an outing to a public place, shouldn't be compromising the health of the public - children included. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, as the law would be self- enforcing. If the sign says "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Deb Hanson 4419 S 163 St. 6/12/2006 Page 1 of 1 Brown, Buster (CCIk) • From: Chip Mackenzie [chipmackenzie@cox.net] Sent: Saturday, June 10, 2006 4:11 PM To: jvokal@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Non-Smoking Ordinance Councilman Vokal— I was very disappointed to hear that the Omaha City Council considering a partial non-smoking ordinance. Please remove the exception for Keno establishments from the ordinance. It is time for Omaha to have a REAL non-smoking ordinance. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Please vote to pass a non-smoking ordinance without exemptions. Thanks. Chip Mackenzie 4369 Mason Street Omaha, NE 68105-1729 (402) 551-4730 chip@two-otters.com 6/12/2006 Page 1 of 1 • Brown, Buster (CCIk) From: Chuck and Heather Crouch [hcrouch@cox.net] Sent: Sunday, June 11, 2006 12:01 PM To: DWelch@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Citizens FOR a Smoke-Free Omaha Dear Councilman Dan Welch, Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals,while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Heather Crouch 5809 S 171st Street Omaha, NE 68135 402.445.0239 hcrouch@cox.net CC: Buster Brown, City Clerk BBrown@ci.omaha.ne.us BCC: GASPnebr@cox.net 6/12/2006 Brown;Buster (CCIk) From: ted mikuls [tmikuls@yahoo.com] Sett: Sunday, June 11, 2006 2:23 PM To: csigerson@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Smoke Free Omaha Dear Councilman Sigerson, I am writing to ask you to PLEASE work towards a smoke-free city. I do not want my family to be forced to breathe others' smoke in public places. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha' s children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children' s health will be very easy and simple to enforce, because the law would be self-enforcing. If the signs on the smoky businesses say "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen' s Ordinance in November. I will be watching this issue very closely. Respectfully, Michelle Mikuls 2309 N 147th St. Omaha, NE 68116 (402) 932-2522 tmikuls@yahoo.com Do You Yahoo! ? Tired of spam? Yahoo! Mail has the best spam protection around 1 Page 1 of 1 • • Brown, Buster (CCIk) From: Pat Lemmers [pat@lemmersinsurance.com] Sent: Friday, June 09, 2006 9:55 AM To: FThompson@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: smoking ban Dear Councilman Franklin, I am a voting constituent in your district. My home address is 8915 William St. New York City has a smoking ban in public buildings and they are alive and well. Omaha will also be alive and well when someone steps up to the plate and ignores the special interests and does the right thing and passes a smoking ban in all public buildings. Please proceed with what is RIGHT for Omaha. Sincerely, Pat Lemmers Pat Lemmers Insurance Inc. Farmers Insurance 11720 W Dodge Rd Omaha NE 68154 402-493-3033 6/9/2006 Page 1 of 1 Brown, Buster (CCIk) From: Rejda, Galen D NWO [Galen.D.Rejda@nwo02.usace.army.mil] Sent: Thursday, June 08, 2006 2:37 PM To: dwelch@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: GASPnebr@cox.net Dear Councilman Welch, Would you please work to improve the smoke-free ordinance and protect children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, as the law would be self- enforcing. If the sign says "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Galen Rejda 8622 R Plz. Apt. 11 Omaha,NE, 68127-3677 402.339.6913 galen.d.rejda@usace.army.mil CC: Buster Brown, City Clerk BBrown@ci.omaha.ne.us 6/9/2006 Brown,-Buster (CCIk) From: Dowty, Natalie [Dowty@clarksoncollege.edu] Sent: Thursday, June 08, 2006 2:33 PM To: ggernandt@ci.omaha.ne.us Cc: bbrown@ci.omaha.ne.us Subject: Omaha City Council's smoke free ordinance Dear Councilman Gernandt, I am concerned about the Omaha City Council's smoke-free ordinance. It apprears that the restrictions will not apply to venue offering Keno and would take 5 years to take effect. This creates an "unlevel playing field" for local business by allowing some venues to permit smoking while others do not. In addition, it discriminates against people, like myself, who have respiratory disease, and who would like to enjoy equal access to all that Omaha has to offer. I would like to see an "across-the-board" ban on smoking in all commercial venues. It would be fair and would greatly improve the health of the citizens of Omaha. In addition, would you please work to improve the smoke-free ordinance and protect our children and people with respiratory illnesses from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. If the City Council passes a smoke-free ordinance that does not protect my health and the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Natalie Dowty 7432 Spring St Omaha, NE 68124 CC: Buster Brown, City Clerk BBrown@ci.omaha.ne.us 1 '• Page 1 of 1 Brown, Buster (CCIk) From: Christine [cmmh13@gmail.com] Sent: Thursday, June 08, 2006 2:17 PM To: JVokal@ci.omaha.ne.us Cc: BBrown@ci.omaha.ne.us Subject: Smoking Ban Dear Councilman Vokal, I would really prefer the ordinance proposed by GASP, but to get moving toward a total ban, I could support the ordinance proposed by Thompson and Suttle if they add the restriction that businesses must be smoke-free if they allow children under age 18. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, as the law would be self- enforcing. If the sign says "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Respectfully, Christine Heer 6465 Poppleton Ave. Omaha,NE 68106 402-963-8227 cmmh13@gmail.com 6/9/2006 Brown,-Buster (CCIk) From: Daniel Lawse [livesimply93@gmail.com] Sent: Thursday, June 08, 2006 8:19 PM To: FBrown@ci.omaha.ne.0 Cc: BBrown@ci.omaha.ne.us Subject: Protect Omaha's Children from Smoke Dear Councilman Brown, Children are our future and how we treat them affects not only the quality of our community now, but also for the coming generations. How you value children says a great deal about your priorities and I hope they value healthy communities for everyone. Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. The health and well being of Omaha's children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, as the law would be self-enforcing. If the sign says "No one under 18 years old allowed" most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue very closely. Sincerely your concerned constituent, Daniel Lawse 3152 Arcadia Ave. Omaha, NE 68111 402-319-0741 livesimply93@gmail.com CC: Buster Brown, City Clerk BBrown@ci.omaha.ne.us 1 Brown,•Buster (CCIk) From: Joe White [vulcanviking@gmail.com] Sent: Thursday, June 08, 2006 10:39 PM To: Dan Welch -Omaha City Council District 5 Cc: Buster Brown -Omaha City Clerk Subject: Smoke-free ordinance Dear Councilman Welch, I'm contacting you regarding the smoke-free ordinance. I've been volunteering with our church youth group for the past three years, and have our youth's concerns in mind as I write this. Would you please work to improve the smoke-free ordinance and protect our children from secondhand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that, and I urge you to make sure your ordinance does too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult-only businesses. The health and well-being of Omaha's children should not be jeopardized by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke. Protecting our children's health will be very easy and simple to enforce, as the law would be self-enforcing. If the sign says "No one under 18 years old allowed", most people will choose to obey the law. If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen's Ordinance in November. I will be watching this issue closely. Thank you for your time and attention. Respectfully, Joseph White 8465 Orchard Ave Omaha, NE 68127 402-933-6939 joe@excastle.com 1 Brown,Suster (CCIk) From: L. V. Peterson [Ivictp@radiks.net] Sent: Friday, June 09, 2006 6:34 AM To: Chuck Sigerson; BBrown@ci.omaha.ne.us Subject: smoking *Dear Councilman Sigerson: I lost a friend who died because of smoking related symptoms. She was very anxious to tell others not to smoke. * *Would you please work to improve the smoke-free ordinance and protect our children from second hand smoke in smoky bars, and other places where Keno is played and smoking is allowed? The "Citizens FOR a Smoke-Free Omaha" ordinance does just that and your ordinance should too. If kids can't legally smoke, no one should force them to smoke involuntarily. Those exempted businesses that want to allow smoking need to be adult only businesses. * *The health and well being of Omaha' s children should not be jeopardized, by allowing a very small number of businesses to serve them unhealthy air with their meals, or while they bowl, or their parents watch a game on a big-screen TV. Children do not have the option of leaving if they are being hurt by smoke.* *Protecting our children' s health will be very easy and simple to enforce, as the law would be self-enforcing. If the sign says "No one under 18 years old allowed" most people will choose to obey the law. * * If the City Council passes a smoke-free ordinance that does not protect the health of our children, I will vote for the Citizen' s Ordinance in November. I will be watching this issue very closely. L. Victoria Peterson, 2715 No. 93rd St. Apt. 203, Omaha NE 68134-5767, phone 393-2078 e-mail LVictP@radiks.net* * * * * 1 F , r r ii - Z (9 A t CD' Cr7 c„ cr rri R.: H uO � O' i - � p¢ ) ' .� !1\ UP N % • \ n toa' " ) N CA o % � � € Q. - n Original Message RECEIVED From: Scott, Janet(CCou) Sent: Thursday, June 15, 2006 2:14 PM 06 JUN 20 htl 10: 33 To: City Councilmembers �_, CLERIC �� Cc: Weaver, Warren (CCou); Christensen, Kathy (CCIk) Subject: OMAHA, E , ,SiKA We have been receiving calls from constituents regarding the anti-smoking ordinance. These callers are being directed by the American Cancer Society to call my number (or their individual CM's number) and voice their opinion. I'm not sure how accurate my log sheets will be due to the wording of instructions they are being given by the Cancer Society. Most callers do not realize their vote "for" is for a partial ban. Callers say I'm "for" the ordinance to stop smoking, so I put them on the "In support of the ordinance" log sheet. Some callers say they are opposed to the ordinance because of the way it's written, and they want a total ban . They are confused as to the wording of the ordinance as well as their instructions from the Cancer Soc. Some callers even say "I'm just calling because I was told to" and have no idea if they are for or against the ordinance. Jan ALL CM'S TO ICY DIST.#1 DIST. 2 gifidata— DIST. 3 DJH_" H DCH.OF STAFF SAFF_... CITY CLERK LOBBYIST JU,l 2 0'06 30 TIME • j&cil *-677 YiIY CALLS RECE COUNCIL OFFICE IN Per 49) SUPPORT OPPOSITION circle one) TO THE FOLLOWIN . Name: I Address/Zip Code: I Telephone: W/o ff 7' 3- R7O' Kei '730 7 , ^# //a 399 'WI 51?,,,z (01,W 55 /--4(707 ?61- 44/L-4A-et 3C7- f 974 A7,0-6e:td- ?z,eie,e4A-ez, 1)azo ed‘/// 5-3 -3 4,5-3-- 7 //71/ 3s3- /e 0/07 13/- /�6, 3 ) ) I AGENDA ITEM # 6(re,6 CALLS RECy.:�_----STY COUNCIL OFFICE IN SUPPORT (4 'POSIT (circle one) TO THE FOLLOWI r-`:- — ` 211"--49V 414j J � t/ii eNAr, e• I Address/Zip Code: I Telephone: I S)1611 - ze// j,,i/6,_4t_ee lefacP//e) / sivA J oe.f7L_,„,,,_, ,7.0, L___„46.4.:_, Ae&.? 375--,_ _ay6 - vI7 4tAiLtr L (� (07 5-0 6das1 �2l5T 5 5 ee-L .2 ri . .T, ,,L) - ,i. ;/L &I - 0%3.w -41/77 /6 4//// l/5` Za f/a7 13'' 73`17 ad-7vitAl 0/1 ` 1,w-1LO 3rof /T 'PI- a1/d7 733 - 4, 3 4, 7 ikakti2e--.3 1,1/4-.)._Liz-7., 52531 C1,31 44/04 53 4, -b6af4. 4447a - 1023 7zo 131- Loi/i,4 3/l 7-'/ 6 /04/1 " 6e,6- 61-4,---1 Q 6.3 6-1_ af3c/ 34.,7 _irgyi 4714,4edz- fe-orzi - tc5 1,:, / /off' 037-d 9 3 -S41-------07--- . � � .a 01.dvi ( kf//o l3.0? 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IN Y COUNCIL OFFICE IN 7) SUPPORT / • ' ' ••SITION circle one) TO THE FOLLOWING: , j7) -L'i -------- OName• I Address/Zip Code: Telephone: 7c?%i (, I/3Z sYS?' --S-301 411.14,:e Wi/tu&te-40.t_ M 7 tht.- .4 4/5-7- V245- P-el; La-e-ek- i3*/ gC liege 64?d s 5-1- 2776 e7A 311 ;.5:7 7 44/0 701Ille,t ,fit � ij� 3 F/ - 5/6 7ketice- th k0o,r 4040_ • 4,0430( 57/— 702023 CAp--1,--e. 703 0 06743, ��i,?a 5� -a.3oz,5 - A/latid (P/D. .? itgetal-G4 (174- 6'14 3 21/1 0r %(/// t5/-/7f( (5 00 410,d 6 3731 ,Vieeddt eo 719 51eax ,/f s a Gl�/D5/ ) dA21 1 tiv.dTdi .e lo o 0 24ZZe�/0 / si a _ bI/D� '6 3 - 0204(3 �z3 S(//fAI t33 olio y/-sy/f 7 o a —0,5d vginzrie.y_itt4i_bn 43 kf//7 13/-o gel . � 62„a, G /oy 5,/ - a a o, h4.4 AGENDA ITEM # 1 CALLS RECE OUNCIL OFFICE IN SUPPORT / Q SITION ircle one) TO THE FOLLOWIN : Pld• 4/ e: I Address/Zip Code: I Telephone: 6(t1 401 *44-a • 93// .�L /,I//h( 933- 737/ �. �� 9//d ���. A e6isa s 7 2 - 57 4 / Pizier, 15JY 1 �cr/o 4,5 /- 3333 e 6:4Liz.,e--6,%._)` I/f 4t . (,fiSa 5- K a_/71 41. fog9 �� , g/o`f 3f7- 43,7 AM, _.-T,„., 4-G z z q-- 6 (r(/32 .5 3 -/t. 14tele7 Q' (P./s<L/ rc,, G (/gyp 5-5/- 5/if ' i4t 4t.4€ J73 i a .M //32 5 7S' a/i 3 '91 .--a"/"8 11-;e4-) 7015- kb.pi Am //.`?\ 5 7 / -44, ea ,A€4,- a.,,,,t -- Cif/o, ,.-, !a „ An__ >4_2, L � n /0 3 �� 6,e/3, 5:/- 7/917 (ielic-o-i 1(f,4/ Zvi l hia V 16—- 26e yc f?-erde-4 71(--e,4 .----e---42k /9 15 J/ co, a7/4 S - /iF6 Ce.„,,,,2„.) /9i,;,Cm,t (W.3 á4—'4 613.3 s _ 70 1 Aoue yeifee 416} bT Azwee, to"v 6- ?/4' 44,;,) ,-,t 02 74 /).., bi//' 61,3s--'71/$7 6-1t-44--Lit .9<°- Cal:Le A/10 ID S. V7 44 7173i- 3 57/ Mrs .Z,U f3d5 (J/5d 93.E-aY ? AGENDA ITEM # 4R 7 CALLS RE P. ' - Y COUNCIL OFFICE IN SUPPORT OPPOSITION (circle one) TO THE FOLLOWING: , - / r el"),20,,Lni'j 41/1 /11 6, 41 Name: I Address/Zip Code: I Telephone: C y, 111,302jf/// 2�i /°� ei://,) A--:4,-4.6,,,,/ - ,/ /tdt/3 ? 5 5Y-J 77 M•• i-i/f4,,4,,,,,e ‘0,5,4 ,575-1 -/ Xc42-3 7 3 ‘cf/A.2 '/53 77 7 dr7d ',/ A-2 00‘)a p 6 , ' 6 Ati. / ,- 1‘fri7ec / i /0/ u l ,i-1,t' yd,/ 4. I(/307 ( 5-J-e- ds- M.ta •v6e-k' qw/ Pieie).°?--24-, eWds- L3i,?,-MIG? .,/(-ri 1, ��7 (44,7 4, 6�166. ��1.1,3a/ iW-c-&1 ‘/ / (/' ,o) (t/,3a ,5 -776.7 eiz,zie ''' i y ‘,1/ 4r/ � 7 /- 9777 . Gt4r1) Al)Ai ‘,1. 1P 1/4,-) 0/5-0? 57) --‘W (1/6.�/ /4r ate W/OZ (52 ✓/6J3 I ii. 1J._.., )c ft-e_ A 5 435— 06 L 8I04 S.�(0 - 930 ti , c 4,,I1 (ell d6 .sS/- Drf'75 (,a,3 ef!o 1 5=r3- J`5 // pr=ia-41,7Lp_ze-f, ) Owl' akaY scA0 -7 41.,,te- ii/ Gk,1 5-5-- - 75'4/i /61'}— 0,1J--":"-' iim 44,0t-i-&- 4,1e, 4,04,s L/,, -- , 2 03 AGENDA ITEM #ct7 cb CALLS RECEIVE 0 ' - Y COUNCIL OFFICE IN SUPPORT / r• 'POSITION ircle one) TO THE FOLLOWING: ,:di_e;_‘,x_cf 4eYC44J ILle-1 • # (4.,a, .) ame: I Address/Zip Code: Telephone: P� 61'lG'/bcc eJQ.c.io- • l0 4 70 6 ' Cn g //� 733- 5/.27/7( ,26 ,. -2x_ 6t)L4... ,ie'/s' Dal ze, 0 6 �;S/- p9/7 /Li.* 1 _> Vyt 14-e—e 2 py.L ,._ 41 ( b /3aZ • 0- ,-tz lalei-Le_ i , J /e /i&acvd V .-rx —a 7 a - G zl a /�;g, -- 4 s/,-- (k/o7 73 '- `??s'4od dd/(--00.e _letztLip lieSbe/O 5-ff lva,/d P 4_ /_.;_-,,,-e /t 2/ f//61 -5',D's -o-- Ae.40,z. iti-rk-A--- 'Le? /3—. tift /04 ‘,40/.217 3 .3-- 4/7‘0' 9-, �3/� �� WA0el ) 5Y 10 i(a.D - .. ,.__ . . .5 7/-0 rt-g..e-- 41/53 �7/_Ji.c / ,3-Z7/ 0./)./ 4p/715 -/ - y702/ i A //4/7" c5--7-, 517 9,‘ •/:, ie/(c=12 ���--d- z2Q? ? 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W /30- 57 - 67C38' oeLe_itvz D _ a _d'u 6 m� _4_ __;e) Pisa .sue-02_/3 ‘ 7 2 �w - 0 lg/ac 3 f/- 3 a 0, L�� - 41i3 S7i -ao3� (' ,a,,, 23 /9 2l2 Lar.,,A, - e,,,e...„., • 7,,,, or 0 .10ehz‘f 3 1/ -- 71,45-A 4 4A 43-7 0 1t . -.- 1 6 P/if 5 7, -mod/. i y4i.,C SL''z p - r LA' — 5-5-3 --a Fo f .e.:_j ,R1-* 1-, - /57/( 11)' - d//r ltf 9- ,1 4 / f?1,,,5' gig it 5 7/- Zi'7d` e _. -j 5 i 3 hr -I6 e/D - 3-6-6 _D-)e-,i S);6----- (4-11-4-4t.c112_ /lie A 5Y.16, 'Ete-tuvt, le f 7414 1(-5- - .-3- aptii-e-- .5- i 7 it/d,41 6t/ Cd/ba&o G Lk- t--e_,,-)..-- 7,74 ,,,— " f/ (,f// 3,7- /6 0,44..e. >4 eztie) 1 (32(/ /444 _at( 09,/ (5-( 51:44— AGENDA ITEM # p// CALLS RECE _ Y COUNCIL OFFICE IN / •SUPPORT OPPOSITION (circle one) TO THE / FOLLOWING: Sill6/C ) . 1 /5Gn (eo . Name: Address/Zip Code: Telephone: 6//6 , r /z. -ek— . ep7 7 Ci 4ve oi3 y 5-7/ - PAP /)dvp-r, 7/9 • A+74 �:.3- a i(P Z)I. 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