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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 D's (withdrawn) 10/22/02 09:17 NO.025 P01 KELLEY & LEHAN, P.C. dat Yaw 7134 PACIFIC STREET MICHAEL A. KELLET INEI OMAHA, NEBRASKA 6B106 LINCOLN OFFICE MICHAEL J. LtHAN 1Ne&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 !� 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. ge uilfo ssistant to chael A.Kelley O w'� 0 0 o C� c . " 0 0 0 0 < 461, x N O C7 ,-h 0 UQ P IQO `C O N CA •-• ' ' \ \� n2 o• 0 AD'-' sp Cs d CfQ s. .• � -.� PT n q C4 Pt \ ca., j'i 0 o N BECE \ VE J 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 • o 7 m ? k co E.". ] . CD \ ® o ® c " rri ƒ • _0 0 / § � 0 § f CD 1"4= $ � = � � CD ? q / ' o . � ¢ � 0 � � � \• ƒ Cm 11 \ \ Cfq 0 CD