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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subject to certain conditions and restrictions; to harmonize subsection 6 identification, remove references to outdated facility names, and remove provisions 7 related to 2011 special designated liquor licenses; to remove the City Clerk and the City 8 Law Department as voting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. ORDINANCE NO. I2132-- Page 2 1 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- Page 3 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-- Page 4 1 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