RES 2002-0396 - Appeal decision of NLCC to grant class I liq lic to Grooves •
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City of Omaha M' HA. NEBRASKA
Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Resolution is submitted in accordance with City Council Liquor Rule no. 12. The
resolution directs the City Attorney to appeal the decision of the Nebraska Liquor Control
Commission to grant a retail liquor license to Grooves, Inc., dba "Grooves", at 1019 South loth
Street.
In granting the liquor license, the Commission rejected the City Council's recommendation of
denial and the protests of persons living in the area of the business. Although this was an
application for the initial issuance of liquor license, the applicant has been operating the business
for several months. During that time Omaha police have experienced repeated disturbances by
customers of this business and a neighboring business and have questioned the role a convicted
felon plays in the business's operation. In addition, persons living in the area filed a formal
protest with the state Commission and told of repeated disruptions, vandalism, and other
problems attributed to the customers. Further, in reversing a previous denial of the license and
holding a rehearing to grant the license the Commission followed a procedure that the Law
Department believes is contrary to law and outside of the Commission's authority. The Law
Department has advised you that there are valid grounds for appeal.
If this resolution is not adopted, the citizen protesters may nonetheless appeal to the District
Court.
The District Court of Lancaster County will hear the appeal upon the record created at the Liquor
Control Commission hearing. The Court is free to make an independent decision.
Respe y submitted,
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Thomas O. Mumgaar
Deputy City Attorney
P:\Law1\6616pjm.doc
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Grooves, Inc., dba "Grooves", at 1019 South 10th Street, Omaha,
Nebraska, submitted an application for a retail Class "I" liquor license; and,
WHEREAS, on November 13, 2001, this City Council adopted a resolution
recommending that the Nebraska Liquor Control Commission deny the license; and,
WHEREAS, the Nebraska Liquor Control Commission has rejected this City
Council's recommendation and granted the license; and,
WHEREAS, this City Council continues to believe issuance of the liquor license
is contrary to the best interests of the citizens of Omaha and that review by the District Court of
Lancaster County should be sought.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City Attorney is hereby authorized and directed to appeal the order of
the Nebraska Liquor Control Commission granting a retail Class "I" liquor license to Grooves,
Inc., dba "Grooves", at 1019 South 10th Street contrary to the recommendation of this City
Council.
P:\Law1\6617pjm.doc APPR AS TO FORM:
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DEPUTY CITY A T DATE
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By
unciimember
Adopted F �1 2 7Z��
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City Clerk
Approved
'^' Mayor
NO. C51 0 oc
/4`1,„..01)._
Resolution by
Res. that the City Attorney is hereby N L G C'
authorized and directed to appeal the order of
the Nebraska Liquor Control Commission . 1 ,
granting a retail Class "I" liquor license to t `� - i
Grooves, Inc., dba "Grooves", at 1019 South ' ` • t,
10th Street contrary to the recommendation of
this City Council. ' ; ' ,f V r
P:\Lawl\6617pjm.doc 1 •
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Presented to City Council
FEB 1 2 2002
Adopted 5= /
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City Clerk