RES 2002-2386 - Class C liq lic to Mr. D's (withdrawn) 10/22/02 09:17 NO.025 P01
KELLEY & LEHAN, P.C.
dat Yaw
7134 PACIFIC STREET
MICHAEL A. KELLET INEI OMAHA, NEBRASKA 6B106 LINCOLN OFFICE
MICHAEL J. LtHAN 1Ne& IA/ TELEPHONE(402) 397-IB96 1J'20 LINCOLN MALL,SUITE Y
CMRISTOPHCR D. JeaR4M INC. MO& KS) LINCOLN,NEBRASKA 6BSOB
CNRISTOPHER J.TINLEV INE S IA) FACSIMILE 1402)3B7.1293 TELEPHONE (402)474-2303
www.ke leyandlehan•com FACSIMILE(402)474-4052
TOM KELLEY(4010.'089)
MISSOURI OFFICE
d56 AAYSEAAT LANC,SUITE IOS
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LEEKS SUMMIT, MISSOUQI 64064
October 22, 2002 TeLEPMONE 18161 472.4529
Mr. Buster Brown
City Clerk
City of Omaha
1819 Famam Street, LC-1
Omaha,Nebraska 68183 Fax: (402)444-5263
Ms. Mary Messman
Nebraska Liquor Control Commission
Licensing Division
P.O.Box 95046
Lincoln,NE 68509 Fax: (402)471-2814
This letter is to serve as notice that Mr. Douglas Ritchison is withdrawing his application for
liquor license at 3231 Harney Street,Omaha,Douglas County, (}mown as Circo's Bar) effective
immediately. A new corporate application will be submitted on this location within the next few
days.
If you should have any questions,please contact Mike Kelley or myself, Attorney at Law, at
(402) 397-1898.
KELLEY E P.C.
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ssistant to chael A.Kelley
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INTEROFFICE MEMORANDUM
02 [ICI 17 Pr" 50
Law Department
CITY CLERK
DATE: October 17, 2002
TO: President and Members of the City Council
FROM: Thomas O. Mumgaard, Deputy City Attorney
SUBJECT: Liquor License Application of Douglas Ritchison, 3231 Harney Street
On your October 22, 2002, meeting agenda is an application for a retail liquor license at
3231 Harney Street (presently Circo's Bar) by Douglas Ritchison, applying as an individual
rather than as a corporation. I offer this,. opinion on Mr. Ritchison's compliance with
qualifications set out in the statutes.
The Omaha Police Department reports that Mr. Ritchi§on was convicted of felony
malicious damage to property in 1967 (the report shows a second felony conviction in 1969 for
assault and battery but that is incorrect; the 1969 conviction was not for a felony). Section
53-125(4) of the Nebraska Liquor Control Act prohibits any person convicted of a felony from
holding a liquor license. There is no time limitation on that disqualification.
Due to the age of the records of the 1967 conviction, I've been unable to verify that the
conviction was for a felony. Mr. Ritchison says he doesn't think he's a convicted felon. I've tried
to get the court records from this conviction but I don't yet have that information. So, I offer my
advice based on the Police Department report, which is currently the best information available.
In my opinion a liquor license cannot lawfully be granted to Mr. Ritchison. I suggest that
you recommend denial of this license based upon Mr. Ritchison's criminal history report. If
additional evidence later shows the report is inaccurate, I'll notify the Liquor Control
Commission.
If you believe there is some other basis for recommending denial in addition to the
criminal history report, please state the reason so that can still be considered if the felony record
is found to be inaccurate.
Respec
homas O. Mumgaar
Deputy City Attorney
c: City Clerk
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