RES 2003-1032 - Appoint agent to gather information re liq lic applicants for Cartiers �tAAHA,/y� %
e .94 ` C' '`� [i Law Department
A*07a��5it r 03*31 p Omaha/Douglas Civic Center
' JUL1 � 1819 Famam Street,Suite 804
® ' r�W� '�'°' Omaha,Nebraska 68183-0804
�t F_ (402)444-5115
OP'�&D FE1 ?> L IT I C M " Telefax(402)444-5125
City of Omaha -"MIA, N E K Paul D.Kratz
Mike Fahey,Mayor City Attorney
•
Honorable President
and Members of the City Council,
The attached Resolution is requested by the Law Department.
The Resolution exercises the City Council's authority to appoint an agent to gather information
concerning liquor license applicants. The Resolution appoints the City Clerk, the City Attorney,
and designated other employees as the City Council's agents for purposes of gathering
information concerning the renewal of the liquor license held by Grooves, Inc.,-dba "Cartiers" at
6553 Ames Avenue.
The City Council previously adopted a Resolution calling for this licensee to submit a long-form
renewal application. After losing its appeal to the District Court, Grooves, Inc., has agreed to
comply with that directive and submit a long-form application under protest. A hearing before
the Council is expected in the near future and this Resolution will assist in obtaining information
to be presented at that hearing.
Respec y submitted,
",/,(40. p.44'e
homas O. Mumg and
Deputy City Attorney
P:\Lawl\9074pjm.doc
C-25A CITY OF OMAHA
y
LEGISLATIVE CHAMBER
' Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Sections 53-135 and 53-135.01 of the Nebraska Liquor Control Act
authorize the Omaha City Council to require a retail liquor license within the city to submit an
application and undergo a hearing before renewal of its liquor license; and,
WHEREAS, on February 4, 2003, the City Council adopted a resolution
directing Grooves, Inc., dba "Cartier's" at 6553 Ames Avenue in Omaha, Nebraska, to submit an
application and undergo a hearing before its Class "I" license is renewed for the 2003-2004
licensing year; and,
WHEREAS, Section 53-134(5) of the Nebraska Liquor Control Act authorizes
the City Council to examine or cause to be examined the books and records of any applicant for a
retail liquor license to obtain information for the performance of the City Council's duties; and,
WHEREAS, Section 53-134(5) of the Nebraska Liquor Control Act empowers
the City Council to authorize its agent or attorney to act on its behalf in obtaining information.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City Clerk, the City Attorney, and any employee of the Omaha
Police Department or Omaha Finance Department designated by the City Clerk are hereby
authorized to examine the books and records of Grooves, Inc., dba "Cartier's" to obtain
information pertaining to renewal of its retail liquor license and, further, to compel the licensee
to produce such books and records for examination and copying and to provide information in
response to written questions. The licensee's refusal or failure to cooperate with these
authorized persons shall be considered evidence of the licensee's lack of good faith and honesty
of purpose and shall constitute cause for non-renewal, cancellation, or revocation of the liquor
license.
P:\Law1\9075pjm.doc APPRO AS TO FORM:
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CITY ATTO Y DATE
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By
ouncilmember
Adopted ii?..0.0.46
AUG -.5...2003 D
City Clerk
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Mayor
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