RES 2004-0450 - Change of loc of Cheap Smokes to 3202 L St STATE OF NEBRASKA
Mike Johanns NEBRASKA LIQUOR CONTROL COMMISSION
Governor .RECEIVED
Hobie B.Rupe
Executive Director
301 Centennial Mall South,5th Floor
014 MAR 19 AM 9: 03 P.O.Box 95046
Lincoln,Nebraska 68509-5046
,,j, CLERKPhone(402)471-2571
CITFax(402)471-2814
O Mi A H , NEBRASKA TRS USER 800 833-7252(TTY)
March 17, 2004
City Clerk
1819 Farnam
Omaha, NE 68183
RE: Filling Station Inc. dba Cheap Smokes
Omaha, D-50330
Dear Clerk:
The above referenced licensee has submitted a request for CHANGE OF LOCATION. See
attached request& map.
Please present this request for Change of Location to your board and send us the results of that
action.
Sincerely,
NEBRASKA LIQUOR CONTROL COMMISSION
i Fr an
Licen ' g Division
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cc: file
Rhonda R.Flower Bob Logsdon R.L.(Dick)Coyne
Commissioner Chairman
Commissioner
An Equal Opportunity/Affirmative Action Employer
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #D 50330
FILLING STATION, INC. THE 3110 "L" STREET 68107 731-1401
DBA CHEAP SMOKES
NLCC ORDERS
8-27-03-12 DAYS SUSP RE: SELLING TO A MINOR 4-25-03 *9-10-03 -PYMNT OF FINE *
OTHER ACTIVITIES
1-9-01- GRANT RES #76 *4-25-03-TAVERN REPORT RE: SELLING TO A MINOR*
CHANGE OF LOCATION TO 3202 L STREET CC HRG 4-13-04 *
LICENSED PREMISES
1 STY BLDG APPROX 70'X 75'
OFFICERS:
MGR-WILLIAM BOWEN, 2509 REES#1, 68105 (H)614-4398 * PRES-TERRY JONES (H) 712-
527-3987 * BUSINESS PHONE 731-1401 * SECR-CHRISTINE JONES
MHK-5-2004 13:33 FROM:NEBRASKA LIQUOR CONT 402-471-2614 TO:914027341676 P:1/1
PLEASE COMPLETE AND RETURN TO: ARP\
NE LIQUOR CONTROL COMMISSION �r
PO BOX 95046 eft
• LINCOLN,NE 68509-5046 RECEIVED
FEE OF $45,00 REQUIRED
MAR 17 2004
LICENSEE'S NAME: 1�-e �1//,ir. �'n`�/ / GY( ��C, NEBRASKA LIQUOR
TRADE NAME: 1'/� �!�t e
PREMISE ADDRESS: 30 0 CONTROL COMMISSION C J (�
CITY/COUNTY: ~1/,4
LICENSE NUMBER: f 5-0 130 TELEPHONE:/ 12 ) 73/-/47L
4
PLEASE CHECK ONE OF THE FOLLOW
ADDITION/RECONSTRUCTION — CHANGE OF LOCATION DELETION
1./CHANG.E OF LOCATION(this application win not be accepted if the license is moving Into another jurisdiction)
Address From: f`/Q L S (0S) in
Indicate local governing body jurisdiction; city or county "MAIM-
Address To : L t
Indicate local governing body jurisdiction; city or county 1/14/117-731
1
I) INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED (8%x II PAPER-BLUEPRINTS NOT
ACCEPTED)INDICATE THE DIMENSIONS OF THE AREA TO BE LICENSED AND THE DIRECTION
'NORTH'ON THE SKETCH
2) SUBMIT A COPY OF YOUR LEASE OR DEED DEMONSTRATING OWNERSHIP
3) IF YOU DO NOT KNOW WHAT JURISDICTION YOU ARE LOCATED IN,CALL THE CITY OF COUNTY
CLERK
4) IN ORDER TO CLARIFY YOUR CHANGES,AN ATTACHED EXPLANATION IS ALWAYS WELCOME
AFFIDAVIT
THE ABOVE REFERENCE REQUEST,AS FILED,WILL CO .04. nr�H S AND REGULATIONS OF
THE NEBRASICA LIQUOR CONTROL ACT.
SUBSCRIBED IN MY PRESENCE AND FIRST DULY S ,ii1 1 t RE ME ON THIS /� DAY OF
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NOTARY PUBLIC'S SIGNATURE irbEA1.
a1 TERI L.W-HENDRIX FORM 35-4179
~�' Commission Number 138331
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My Commisson ues:
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DAILY RECORD: Charge to General Ordinance Order NO. 2447 H.
PACKAGE LIQUOR LICENSE
Please publish: April 5, 2004
Notice is hereby given that The Filling Station, Inc., dba"Cheap Smokes", 3110 "L"
Street has filed application for a change of location of their present license to sell beer,wine and
liquor for consumption Off the premises to 3202 "L" Street, legally described as follows:
EAST 85 FEET, LOT 7, BLOCK 356, SOUTH OMAHA CITY LOTS,
CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA
That in accordance with provisions of Section 53-134, Nebraska Liquor Control Act, as
amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas
Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, April 13, 2004, at 2:00
o'clock P.M., at which time the City Council shall receive evidence under oath either orally or
by affidavit from any person bearing upon the propriety of the issuance of said license.
Buster Brown
City Clerk
RECEIVED
R J.7 2004
CONTROL ASKA LIQUO
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PARC 3181 0000 04
FB 35 STATUS 2 CLASS C
• • EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F-
PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 03202 L ST OMA 68107
OWNER INFORMATION
NAME THOMAS J*MCKERNAN ETAL DATE OF LAST CHANGE 01-12-1998
+ 3202 L ST BK/PG OR DOC# 2079/112
ADDR HOMESTEAD DELETE
CITY OMAHA ST NE ZIP 68107 NON NUMERIC ZIP CODE
CURRENT VALUE HOMESTEAD
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
2002 03-24-2002 9700 40700 50400 LR
ADDITION NO . 81000 LOT 7 HALF BLOCK 356 HALF
SOUTH OMAHA CITY LOTS SECT TOWN RANGE PLAT 0186
LEGAL DESCRIPTION LEGAL DESCRIPTION
1 E 85 FT 2
3 4
5 6
7 8
PF1-ADFB PF5-PNFB PF6-PAFB
1
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REAL ESTATE LEASE RECEIVED
This Lease Agreement(this "Lease")is made effective as of March 1, 2004, by aNigt4Zr2004
Thomas J. McKernan, ("Landlord"), and Terry Jones &Ted Jones, ("Tenant' ie L agree
as follows: CON R&L ",„U'1 UOR
wkifedsioN
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases
to Tenant Retail business with parking (the "Premises") located at 3202 "L" street, Omaha,
Nebraska 68107.
TERM. The lease term will begin on March 1, 2004 and will terminate on February 28,2009.
RENEWAL TERMS. This Lease shall automatically renew for an additional period of 5
years per renewal term, unless either party gives written notice of the termination no later than 90
Days days prior to the end of the term or renewal term. The lease terms during any such renewal
term shall be the same as those contained in this Lease.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of$1,000.00 per
month, payable in advance on the first day of each month, for a total annual lease payment of
$12,000.00. Lease payments shall be made to the Landlord at 4519 Drexel, Omaha,Nebraska
68117, as may be changed from time to time by Landlord.
LATE PAYMENTS. Tenant shall pay a late fee equal to $50.00 for each payment that is not
paid within 10 days after the due date for such late payment.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless
otherwise agreed by both parties in writing.
USE OF PREMISES. Tenant may use the Premises only For a retail business only The
Premises may be used for any other purpose only with the prior written consent of Landlord,
which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated
extended absence from the Premises not later than the first day of the extended absence.
REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation
to conduct any construction or remodeling(at Tenant's expense) that may be required to use the
Premises as specified above. Tenant may also construct such fixtures on the Premises (at
Tenant's expense) that appropriately facilitate its use for such purposes. Such construction shall
be undertaken and such fixtures may be erected only with the prior written consent of the
Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be
12 325
entitled to remove(or at the request of Landlord shall remove) such fixtures, and shall restore the
Premises to substantially the same condition of the Premises at the commencement of this Lease.
MAINTENANCE. Tenant shall have the responsibility to maintain the Pre RECEIVED
repair at all times. ��
MAR 17 2004
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent ich shall not be
unreasonably withheld), Landlord shall have the right to enter the Premises t < • a , UO
R
provide necessary services, or show the unit to prospective buyers, mortgagee ,tenan GI'vMPAISSiON
workers. As provided by law, in the case of an emergency, Landlord may enter the Premises
without Tenant's consent.
UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services in
connection with the Premises.
PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain
appropriate insurance for their respective interests in the Premises and property located on the
Premises.
LIABILITY INSURANCE. Tenant shall maintain liability insurance in a total aggregate sum
of at least$1000000.00. Tenant shall deliver appropriate evidence to Landlord as proof that
adequate insurance is in force. Landlord shall have the right to require that the Landlord receive
notice of any termination of such insurance policies.
INDEMNITY REGARDING USE OF PREMISES. Tenant agrees to indemnify, hold
harmless, and defend Landlord from and against any and all losses, claims, liabilities, and
expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in
connection with Tenant's use or misuse of the Premises.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or
thing of a dangerous, inflammable, or explosive character that might substantially increase the
danger of fire on the Premises, or that might be considered hazardous by a responsible insurance
company, unless the prior written consent of Landlord is obtained and proof of adequate
insurance protection is provided by Tenant to Landlord.
TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as
follows:
DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially
destroyed in a manner that prevents the conducting of Tenant's use of the Premises in a normal
manner, and if the damage is reasonably repairable within sixty days after the occurrence of the
destruction, and if the cost of repair is less than $150,000.00, Landlord shall repair the Premises
Page 2 of 5
12 326
and lease payments shall abate during the period of the repair. However, if the damage is not
repairable within sixty days, or if the cost of repair is $150,000.00 or more, or if Landlord is
prevented from repairing the damage by forces beyond Landlord's control, or if the property is
condemned, this Lease shall terminate upon twenty days'written notice of such event or
condition by either party.
FfMECHANICS LIENS. Neit
her the Tenant nor anyone claiming through th the Tenant s cEI
g VED
have the right to file mechanics liens or any other kind of lien on the Premises and the f o 7
this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1)give actual 2004
advance notice to any contractors, subcontractors or suppliers of goods, labor, or sBR
AVA
'Insuch liens will not be valid, and(2)take whatever additional steps that are necess�a 'Q icoa ,. --
keep the premises free of all liens resulting from construction done by or for the Tenant. MS���
DEFAULTS. Tenant shall be in default of this Lease, if Tenant fails to fulfill any lease
obligation or term by which Tenant is bound. Subject to any governing provisions of law to the
contrary, if Tenant fails to cure any financial obligation within 30 days(or any other obligation
within 30 days) after written notice of such default is provided by Landlord to Tenant, Landlord
may take possession of the Premises without further notice,and without prejudicing Landlord's
rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such
action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all
costs, damages, and expenses suffered by Landlord by reason of Tenant's defaults. All sums of
money or charges required to be paid by Tenant under this Lease shall be additional rent,whether
or not such sums or charges are designated as "additional rent".
ARBITRATION. Any controversy or claim relating to this contract, including the
construction or application of this contract, will be settled by binding arbitration under the rules
of the American Arbitration Association, and any judgment granted by the arbitrator(s)may be
enforced in any court of proper jurisdiction.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the
Premises, nor effect a change in the majority ownership of the Tenant(from the ownership
existing at the inception of this lease), without the prior written consent of Landlord, which shall
not be unreasonably withheld.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and forwarded by mail,postage prepaid, addressed as follows:
Page3of5 1 2 3?7
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LANDLORD:
Name: Thomas J. McKernan
E1Address: 4519 Drexel REmACROmaha,Nebraska ED68117
1 7 2004
TENANT: NEBRASK�t LIQUOR
CONTROL COMMISSION
Name: Terry Jones& Ted Jones
Address: 3202 "L" street
Omaha,Nebraska
68107
Such addresses may be changed from time to time by either party by providing notice as set forth
above.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire
agreement of the parties and there are no other promises or conditions in any other agreement
whether oral or written. This Lease may be modified or amended in writing, if the writing is
signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it
would become valid and enforceable,then such provision shall be deemed to be written,
construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Lease.
CUMULATIVE RIGHTS. The rights of the
e parties under this Lease are cumulative, and
shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State
of Nebraska.
Page 4 of 5 19 3 7
LANDLORD:
Thomas J. McKernan
,,17Z,--..._ q ),.77 ,s____
Thomas J. cKernan RECEIVED
Owner MAR 17 2004
NEBRASKA LIQUOR
TENANT: CONTROL COMMISSION
Terry J9 & Jones .7:--e, ,
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/ �nsz �. ti1. _A C ^-e%
CTe &Ted Jones
12 79
Page5of5
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PUBLIC WORKS DEPARTMENT REPORT
DATE: MARCH 19,2004 DUE DATE: APRIL 6,2004
APPLICANT: THE FILLING STATION,INC.,DBA"CHEAP SMOKES"
LOCATION: 3202 "L" STREET
REQUESTED LICENSE OR ACTION: CHANGE OF LOCATION OF THEIR PRESENT
PACKAGE LIQUOR LICENSE FROM 3110 "L" STREET
DESIGNATION OF ADJACENT STREET (LOCAL, COLLECTOR,MINOR OR MAJOR.
ARTERIAL EXPRESSWAY):
STREET WIDTH AND PROFILE:
SPEED LIMIT:
AVERAGE DAILY TRAFFIC AND PEDESTRIAN FLOW:
ACCIDENT REPORT AT ADJACENT INTERSECTION:
POTENTIAL TRAFFIC AND PARKING PROBLEMS:
(Authorized Signature) (Date)
PLANNING DEPARTMENT REPORT
RECEIVED
DATE: MARCH 19, 2004 DUE DATE: APRIL 6, 2004
04 MAR 24 PH 12: 04
LOCATION: 3202 "L" STREET
CITY CLERK
LEGAL DESCRIPTION EAST 85 FEET OF LOT 7, BLOCK 356, SOIMIMAMIXAMA
LOTS
APPLICANT: THE FILLING STATION, INC.,DBA"CHEAP SMOKES"
REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT
PACKAGE LIQUOR LICENSE FROM 3110 "L" STREET
NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: CONVENIENT/TOBACCO
STORE
THIS REQUEST DOES() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA
.4k____IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE
THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS
(If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-1 Package Liquor License)
ANNEXATION DATE: /� ORDINANCE NO. (Only if within last 24 months) II�,
EXISTING ZONING: C_�2 EXITING LAND U N\) 1 ll—b O (2
`5U hmmk.c(41_, ) ._w-a__. -c- _
A ENT LAI SE✓A1 D ZONING:O \ �
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EA.Tit IANiC/ DMMR2GXk L-- --la T CC-
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PARKING STALLS PROVIDED: .1-6 R -� -U—s
EXISTING USE DOES()() DOES NOT( )COMPLY WITH ZONING REGULATIONS `
PLUMBING FIXTURES PROVIDED: WOMEN'S ( , v 1
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MEN'S 1,--CCJ Up 1
DATE SUBJECT PROPERTY WAS POSTED: -a 2-�-L-
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR TY PARK: D V
(Rule#8) DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE:\ \ , 3 �1 emic, vivo s Vpa
(State Law) DISTANCE OF P/#OPO`SED LICENSE TQ ANY CHURCH b Gam"
SCHOOL (7'lJ H PI ✓T ,OME FOR THE AGED IGE
OR VETERANS D COLLEGE OR UNIVERSITY
4,(2...______
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(Authorized Signature) (Date)
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Ot,AAHA, Nz,
CityofOmaha, fAre bras a 1I' 'sAil**
ifilredA/ - 74la
1819 Farnam Suite LC 11/72 ► �
• Omaha, Nebraska 68183-0112
Buster Brown (402) 444-5550 0
City Clerk FAX (402) 444-5263 �Q o FEBR°.4
March 30, 2004
•
The Filling Station, Inc. Application for a Change of Location
Dba"Cheap Smokes" to 3202 "L" Street
3110 "L" Street
Omaha, NE 68107
•
Dear Liquor License Applicant:
This letter is notification that a hearing before the Omaha City Council on your
application for liquor license has been set for April 13, 2004. The City Council Meeting
begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center,
1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each
applicant for any type of license shall be personally present in the Council Chambers, in
order that the Council may make inquiries, on the date of public hearing of the
application for said license". Failure to be present at this Council Meeting is grounds to
recommend denial of your application to the Nebraska Liquor Control Commission.
City Council Rule No. 14, requests each applicant to submit a signed statement
representing that a sign indicating the birth date for buyers of alcohol will be prominently
displayed on the licensed premises and that approved training in the proper procedures
for checking buyers' identification will be provided to employees. Attached is the
statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's
Office before your public hearing.
Sincerely yours,
,t6t7
Buster Brown
City Clerk
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"NOTICE OF LIQUOR LICENSE APPLICATION"
Notice is hereby given that a hearing will be held on
Tuesday, April 13, 2004 at 2:00 o'clock P.M. in the
Legislative Chamber, Omaha/Douglas Civic Center, on the
application of
THE FILLING STATION, INC.
DBA "CHEAP SMOKES"
for a CHANGE OF LOCATION OF THEIR PRESENT
PACKAGE LIQUOR LICENSE FROM 3110 "L" STREET
to be located at 3220 "L" STREET
The City Council shall receive evidence under oath, either
orally or by affidavit, from any person bearing upon the
propriety of the issuance of said license.
Buster Brown
City Clerk
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS),
WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.
IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL
REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.
PLEASE NOTIFY BUSTER BROWN, CITY CLERK, 444-5557, IF
ARRANGEMENTS NEED TO BE MADE.
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