ORD 42932 - Amend OMC Chapter 15 - Special Designated Liquor Licenses ORDINANCE NO. Lf i 5z_
1 AN ORDINANCE to amend Chapter 15, Article IV, entitled "Special Designated Liquor
2 Licenses," Sections 15-60 through 15-63 and Section 15-66, of the Omaha Municipal
3 Code; by adding provisions authorizing promotional farmers market special designated
4 licenses; to designate the City Clerk as the City Council's agent for approval of said
5 licenses, subject to certain conditions and restrictions; to harmonize subsection
6 identification, remove references to outdated facility names, and remove provisions
7 related to 2011 special designated liquor licenses; to remove the City Clerk and the City
8 Law Department as voting members of the College World Series SDL Committee; and to
9 provide an effective date hereof.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
11 Section 1. That Chapter 15, Article IV, entitled "Special Designated Liquor Licenses,"
12 Sections 15-60 through 15-63 and Section 15-66, of the Omaha Municipal Code is hereby
13 amended as follows:
14 Sec. 15-60. - City clerk agent for approval of special designated licenses.
15
16 The city clerk shall be the agent of the city council to determine whether a special designated
17 license or promotional farmers market special designated license is to be approved or denied
18 pursuant to the Nebraska Liquor Control Act and this Code. In making this determination the city
19 clerk shall follow the criteria and limitations of this article. Notwithstanding the authority granted
20 by this article, the city clerk may forward to the city council any application for a special
21 designated license and a determination shall then be made in accordance with law and city
22 council procedures.
23
24 Sec. 15-61. - Special designated license qualifications and restrictions.
25
26 Applicants must qualify for issuance of a special designated license under the Nebraska Liquor
27 Control Act. Applications for a special designated license shall be filed in the office of the city
28 clerk on forms provided by the Nebraska Liquor Control Commission and the city clerk, as may
29 be required by law. Applications shall be submitted in sufficient time to allow compliance with
30 requirements imposed by law or rules and regulations of the Nebraska Liquor Control
31 Commission and this Article. The city clerk may deny any application received with insufficient
32 time to complete the review provided by this aArticle.
33
34 Sec. 15-62. - Criteria for approval of special designated licenses.
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2 In reviewing applications for special designated licenses or promotional farmers market special
3 designated licenses, the city clerk shall approve the license only when:
4
5 (1) The director of the planning department, or a representative designated by the
6 director, reports that the proposed premises conform to any applicable fire code,
7 building code, or other health or safety code including, but not limited to,
8 provisions relating to maximum occupancy and restroom facilities.
9 (2) The proposed services and related activities will not create a traffic congestion
10 hazard or other public safety hazard, or become a public nuisance.
11 (3) The applicant has obtained any necessary food service or other permits or
12 permission required by law.
13 (4) If the license is requested for activity on property owned or operated by the City
14 of Omaha, the appropriate department having responsibility for the property has
15 consented to the planned use of the property.
16 (5) If the license is requested for an outdoor area, the licensed area will be
17 separated from other areas by a fence, wall, or similar barrier sufficient to prevent
18 uncontrolled entrance or exit from the licensed area as may be required by the
19 Rules and Regulations of the Nebraska Liquor Control Commission, unless a
20 request for a waiver has been filed with the Commission in compliance with their
21 procedures.
22 (6) The applicant and the proposed service of alcohol otherwise complies with all
23 requirements and limitations of the Nebraska Liquor Control Act.
24
25 Sec. 15-63. - Limitations on authority to issue special designated licenses.
26
27 The city clerk shall submit to the city council for approval or disapproval any application where:
28
29 (1) The applicant is an association, corporation, or organization whose members
30 are, in the majority, persons under the age of 21.
31 (2) The applicant is requesting hours of operation otherwise prohibited by law for a
32 retail liquor license holder within the city.
33 (3) The applicant proposes to offer related activities that include amplified outdoor
34 music after the hour of 11:00 p.m.
35 (4) The application is for a location within one mile of Roscnblatt Stadium during the
36 dates of the College World Scricsthe area set forth in Section 15-66, below,
37 during the College World Series.
38 (5) The applicant has failed to submit a safety and security plan for a promotional
39 farmers market special designated license.
40
41 Sec. 15-66. - College World Series special designated licenses.
42
43 (al) Notwithstanding any other provision of this article, applications for special
44 designated licenses at a location within an area bounded (4a) on the south by
45 Pacific Street and a line extending east from the end of Pacific Street to the
46 Missouri River, (3b) on the west by the North Freeway, (3c) on the north by
47 Seward Street and a line extending west from the end of Seward Street at 11 th
48 Street to the North Freeway, and (4d) on the east by the railroad tracks adjacent
ORDINANCE NO. L+21/52-
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1 to Riverfront Drive and the Missouri River, during the dates of a NCAA Division 1
2 Men's College World Series at TD Ameritrade Park Omahathe City of Omaha
3 baseball stadium, located between 10th and 13th Streets and Cuminq and
4 Webster Streets, or within two days prior to the series shall be controlled by this
5 section.
6 (b2) All such applications must be submitted to the city clerk no later than the fifteenth
7 day of February preceding the College World Series for which the license is
8 sought. The city clerk shall submit all complying applications to an SDL
9 committee composed of the city council law department committee members the
10 city clerk and an attorney from `"ro the epartment The SDL committee shall act
11 �.d"
12 as the city council's agent to determine whether the applications should be
approved or denied and the decisions of the committee shall be considered to be
13 the decisions of the city council. The criteria established in this article shall be
14 used to determine approval or denial and the committee may impose reasonable
15 conditions controlling setbacks from the right-of-way, signage, parking, vehicle
16 and pedestrian traffic, trash collection, hours of operation, outdoor music,
17 available space on private property for deliveries, availability of restroom
18 facilities, compliance with land use permits and requirements, and other relevant
19 factors.
20 (a3) Special designated licenses subject to this section may be issued only to
21 applicants who hold a retail liquor license for consumption on the premises at a
22 permanent facility within the identified area and may be issued only at or
23 adjacent to the applicant's licensed premises.
24 (d) Notwithstanding any other deadline, applications for special designated licenses
25 subject to this section for the dates of the Men's College World Series in 2011 or
26 within two days prior to that series shall be submitted to the city clerk no later
27 than the first day of March, 2011.
28
29 Section 2. The sections, subsections, paragraphs, sentences, clauses, and phrases of
30 this Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or
31 phrase of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the
32 valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or
33 unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs,
34 sentences, clauses, or phrases of this Ordinance.
35 Section 3. This Ordinance, being legislative in character, and in accordance with
36 Section 2.12 of the Home Rule Charter of the City of Omaha, shall be in full force and take
37 effect fifteen (15) following the date of its passage.
38
39
ORDINANCE NO. / Z I ✓2--
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INTRODUCED BY COUNCILMEMBER
APPROVED BY:
�-�-- Ll/2-767
MAYOR OF THE CITY OF OMAHA DATE z
PASSED APR I 2 202
ATTEST:
L-/2-70-ZZ,
CITY CLERK OF THE' Y OF OMAHA DATE
APPROVED AS TO FORM:
eS5/ty 71(..)2
ASS STANT CITY ATTORNEY DATE