RES 1999-2500 - Require Jake's Bar to submit formal app for renewal of class C liq lic ,
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a :�`, "4- Law Department
ciAr.+�.►,r�, Omaha/Douglas Civic Center
- Tijt/((� ty „ 1819 Farnam Street,Suite 804
®'.Pl , t► a Omaha,Nebraska 68183 0804
°`L ' .. . (402)444 5115
pA ry
°,�'r�o FEBR�r�� Telefax(402)444-5125
City of Omaha Paul D.Kratz
Hal Daub,Mayor City Attorney
Honorable President and
Members of the City Council,
The attached Resolution was prepared at the request of the City Clerk. The Resolution requests the
Nebraska Liquor Control Commission require Las Jarras, Inc.,dba "Jake's Bar" at 2646 "Y" Street,
Omaha,Nebraska, to submit a long-form application for renewal of its Class "C" liquor license.
State statutes permit the City Council to request that a liquor licensee submit a formal application
and undergo a public hearing before a liquor license is renewed. The City Council may make the
request when a written protest is filed or upon the Council's own motion. If protests against renewal
of a license are filed by three or more residents, the Council must hold a hearing to consider the
protests. State law provides that a licensee is entitled to renew its license only if the licensee
continues to meet the requirements that existed when the license was issued. A license need not be
renewed if there is a change of circumstances affecting the qualifications for the license. For
example, renewal can be denied if the licensee's conduct shows it does not exercise the type of
management and control over the premises sufficient to insure that the business will conform to the
statutes, rules, and regulations governing liquor sales.
On August 9, 1999, a protest against the renewal of this license was filed with the City Clerk. The
protest is signed by five persons giving residential addresses in the city. A copy of the protest is
attached to the resolution. The statutes require that you have a hearing to consider the protest.
Your hearing should not consider whether the license should be renewed. The only question at this
time is whether there is sufficient reason to believe the licensee or the location no longer meets the
qualifications to hold the license. If a long-form application is filed, the licensee will come back
before you for a hearing on the application. You would then determine whetherr the liquor license
should be renewed. If this Resolution is adopted,the Liquor Control Commission must require Las
Jarras, Inc., to file a long-form application. If this Resolution is not adopted, the Liquor Control
Commission may renew the liquor license without further hearings.
Respy4 p
submitted
----4/~ •
Thomas O. Mumgaard
Assistant City Attorney
P:\LAW\7530.MAFeill
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interOf#ice Communication
3 February. [997
To: Sergeant Ron Cole, Un
it Unit Via Chain of Command
From: Lt. Shari Palmer .
Subject: Possible Liquor Violations
Captain Pecha was recently notifed by a citizen of the following information:
i That minors are being served alcohol at lakes Bar and possibly the waitresses may be
underage.
I realize :hat you recently checked Sakes and they were in compliance. And I also know
from our conversations that you are aware of possible problems at the Guaca Maya
concerning underage drinking. As per our earlier conversation, please contact me if you
would like to use either the Weed and Seed Officers or a couple of our bilingual officers in
working bar checks at either of these locations If you have any further questions in
regards to this information please contact me.
ti
BEFORE THE NEBRASKA LIQUOR CONTROL COMMISSION _ --7
In Re: LasJarras Inc.
dba"Jake's Bar" ) _-
2646 "Y" St. ) , : : (? -...'
Omaha. NE ) ORDER
)
On Suspension. Cancellation or Revocation )
of Retail Class C-36163 Liquor License. )
Now on the 5th day of November, 1997, this matter came on for consideration before the Nebraska
Liquor Control Commission,the licensee having executed a voluntary appearance, waiver of public
hearing, plea of guilty. and consent to judgment, in regard to the charge filed on the 8th day of October,
1997.
Upon consideration of all the evidence in this case, the Nebraska Liquor Control Commission
finds:
1. That the licensee did, on or about July 5, 1997, permit or allow Luis Salazer, he being less than
21 years of age, to be in possession of alcoholic liquor, in violation of 237-LCC6-019.01 B of the Rules
and Regulations of the Nebraska Liquor Control Commission.
2. That the license should be suspended fora period of ten (10) days.
IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that the Retail
Class C Liquor License of Las Jan-as Inc., dba"Jake's Bar", 2646"Y" St., Omaha, Nebraska, should be,
and the same hereby is, suspended for a period of ten(10)days, such suspension to commence at the
closing hour of business on the 28th day of December, 1997, and to continue until the opening hour of
business on the 8th day of January, 1998.
IT IS FURTHER ORDERED that the notice of suspension shall be posted upon the premises,said
notice to remain posted throughout the term of said suspension.
IT IS FURTHER ORDERED that the licensee shall pay the costs of this action, assessed in the
amount of 66.99.
Dated this 02 day of November, 1997.
NEBRASKA LIQUOR CONTROL COMMISSION
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By11111 W
4)\,
CHAIRMAN
I hereby certify this to be a true and correct copy of the original order entered herein on the j
day of November. 1997. „,;,i<E ,,,,,,
... : , V'f' .P‘4 -)(-)9W
- -' :-j Executive Direct2e
, _ `'.4
L
IMPORTANT - PLEASE READ
To Licensee:
The Order of suspension. to which this Notice is attached, provides for a suspension of
your license for a period of TEN (10) days. State Law provides that you may either comply with
the Order of suspension and be closed for the prescribed number of days or you may notify the
Nebraska Liquor Control Commission and elect to pay a fine of S50. per day for the number of
days of your suspension and remain open and continue the full operation of your establishment.
If you desire to pay a fine instead of being closed you must sign the below election
notification request and mail it to the Nebraska Liquor Control Commission. P.O. Box 95046.
Lincoln. Nebraska 68509. along with a certified or cashier's check, personal or business check.
or U.S. money order made payable to the Nebraska Liquor Control Commission: the election
notification must be received by the Nebraska Liquor Control Commission on or before
December 22, 1997: if the election notification and full payment is not received by the above
stated date then you must close your establishment for the sale of alcoholic liquor for the required
number of days suspended.
NEBRASKA LIQUOR CONTROL COMMISSION
ELECTION
December 22, 1997
C-36163
Las Jarras Inc
"Jake's Bar"
2646 "Y" St
Omaha NE 68107
I. the undersigned licensee, do hereby elect to pay a fine of S500. in lieu of the suspension
as directed by the Order of the Nebraska Liquor Control Commission.
Licensee's signature
(CERTIFIED or CASHIER'S CHECK. PERSONAL or BUSINESS CHECK. U.S. MONEY
ORDER or CASH are acceptable.)
(If paid by check must be a separate amount from any other money due this office.)
(Mail to Nebraska Liquor Control Commission, P.O. Box 95046. Lincoln. Nebraska 68509.)
I hereby certify this to be a t ue and correct copy of the
original order entered herein on the day of December, 1998 .
.,� (Executive Di e tor)
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a
Sent by: 4026971409 4026971409; 07/02/99 11 :43; ,Jet #66; Page 12/13
STATE OF NEBRASKA
e..... NEBRASKA LIQUOR CONTROL COMMISSION
-a te Forrest D. Chapman
czeCJUue Director
a. - 301 Cznrrrniat Mat!Sown. Sin Roar
:z p `_.. :• P.O. Box 95046
-' elnr^sln. Nebraska 68509-5046
‘4i 04' October 9 1998 Phone(4021471-571
Fax(40Z1 471-2814
ras USER 800 833-7252(TTY1
E Benjamin Nelson
Governor
CERTIFIED
Las Jurras Inc •
"Jake's liar"
2646 Y St
Omaha N l: 68107
Dear Licensee:
You are hereby notified to appear before the Nebraska Liquor Control Commission at the
Omaha/Douglas Civic Center at 1819 Farna.m, 7th Floor, Room 702, in Omaha_ Nebraska_
on Tuesday. November O. 1998 at 9:00 a.m.. or as soon thereafter us it may he heard for a
hearine. on a citation which has been issued against you to determine if your license should he
suspended. cancelled or revoked. You have been charged with:
1. That the licensee did. on or about July 19. 1998 permit the carryinu. out from its licensed
premise. alcoholic liquor in open containers. in violaticin Section 53-123.04 of the Nebraska
Statutes and 237-(.CC6-0 I9.0l I f of the Rules and Resulatians of the Nebraska Liquor Control
Commission.
2. That the licensee did. on or about July 19. 1998 permit the selling. dispensing. or giving away
olfalcoholic liquor. to or tier Oscar Gonzales-Torres. he being Tess than 21 years ofage. in
N.iolution of Section .3-I iSO of :he Nebraska Statues and 237-i.C'CO-Ol9.0I i\ oi-theRules and
Regulations of the Nebraska Liquor Control Commission.
The Voluntary Appearance and Plea of Guilty firm enclosed is for your signature ii you
desire to enter a plea of guilty to the charges filed aL'aillst you and waive the hearing (this means
there will he no hearinL it you sign the waiver and plead). This. of ethurse. would save you the
expense of a court reporter and witness ices. I luwever. in order to save the expense. your Pica
of (;utlty form should he executed and returned to this office at least three days prior to the date
•
of the lit:urine in order fair us to contact the witnesses and advise them that they do not need to
appear. If you sign this form. you may present a letter or affidavit of your (acts in this mutter to
he considered by the Conmiission in milivaUon of the charges or you may request to appear
personally hetiirc the Coihhnhission lib an informal meeting and relate your mitigating evidence
in person on your pica of ;uiity. You Must unlijt' us if you desire a meeting. either in writing or
by telephone. (4021-471 -2571. I he meeting will then be heid on the same date and time as the
pea i �y teinaily scheduled. Upon a pl :A_t etul1. the investigation reportsaill lncy3c4zi 'r.d
( icc cf Lowe e
Ccmmtsstoner Chairman Commissioner
An ECuai Oo crrunavAi1trmcuuc,icuon cmoioyer
Printed Mtn.W InK on mcvcowl;3Par
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Sent by: 4026971409 4026971409; 07/02/99 11 :44; Jetfax #66;, Paae 13/13
on the record and it any officers or investigators are present they may be asked to provide the
Commission with further information. - •
in the event you arc found guilty. additional information may be supplied by 'a.v
enfOrcement retarding the conduct of your business. If a letter is received from law
entorcement. you may inspect the letter live days before the hearing and present any additional
information at a separate penalty hearing. The Commission always reviews a licensee's history
sheets after finding a licensee uuilty and before setting a penalty. You may review your history
sheets at the Commission office any time before the day of the hearing. Any comments you
wish to make about the history sheets may he made in written form and will be presented to the
Commission at the time they review the history sheets.
Regarding any penalty that may be sanctioned. if the Commission determines that a
suspension should be imposed. there is within the Nebraska Statutes a statute which gives a retail
licensee an option to elect to pay a tine (c-ash penalty) in lieu of suspending sales of alcoholic
liquor.
I want to emphasize that you have the right to a hearing and that you should not execute
the enclosed form unless you wish to waive the hearing and-plead guilty. Requests for
continuances will be granted only in extreme circumstances. You might wish to consult your
attorney. If. however. you have a question in this matter. please feel free to contact this office.
Very truly yours.
•
NEBRASKA LIQUOR CONTROL COMMISSION
•
Marttaret "Tim" Frankforter
(.ctal Division
/jd
e: l:n torcernent •
File •
•
BEFORE THE NEBRASKA LIQUOR CONTROL COMMISSION
In Re: LAS JARRAS INC ) n .
Jake ' s Bar )
2646 Y St )
Omaha NE 68107 ) ORDER
On Suspension, Cancellation or )
Revocation of Class C-36163 License)
Now on the 10th day of November, 1998, this matter came on for
hearing before the Nebraska Liquor Control Commission, notice
having been served upon the licensee to appear and show cause why
the license should not be suspended, cancelled or revoked, as more
fully set out herein.
The licensee was present and represented by attorney,
Martin Cannon. The State was represented by Laurie Smith Camp,
Deputy Attorney General .
Upon consideration of all the evidence in this case, the
Nebraska Liquor Control Commission finds :
1 . That the charges of an open container being carried from
licensed premises and of a sale of alcohol to a minor on or about
July 19 , 1998, should be dismissed.
IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that
the charges filed against Las Jarras Inc dba Jake' s Bar, 2646
Y St. , Omaha, Nebraska, should be, and the same hereby are,
dismissed.
IT IS FURTHER ORDERED that the State shall pay the costs of
this action, assessed in the amount of $47 . 32 .
Dated this 4' day of December, 1998 .
NEBRASKA LIQUOR CONTROL COMMISSION
^'
„"'C'1 W
1.%
BY
(Ch man)
INTEROFFICE MEMORANDUM
RECEIVED
99 AUG 19 AM 9: I 7
Law Department
CITY CLERK
OMA[HA, NEBRASKA
DATE: August 16, 1999
TO: Buster Brown, City Clerk
FROM: Thomas O. Mumgaard, Assistant City Attorney
SUBJECT: Protest Petition - Liquor License of Jake's Bar
I have reviewed the protest petition filed against the automatic renewal of the Class `C' liquor
license held by Las Jarras, Inc., dba "Jake's Bar" at 2646 "Y" Street. The petition is sufficient
to require a City Council hearing.
Nebraska Rev. Statute § 53-135.01 provides that if a written protest to automatic renewal is filed
by three or more residents of the City on or before August 10th (in the case of Class 'C' licenses)
of the renewal year, then a hearing must be held to "determine whether continuation of the license
should be allowed." At the conclusion of the hearing, the City Council may request the licensee
submit a long-form application before renewal. Thus, a hearing to consider whether a long-form
application should be filed is mandatory; a request for a long-form application and further hearings
is discretionary.
In Grand Island Latin Club, Inc., v. Nebraska Liquor Control Commission, 251 Neb. 61 (1996)
the Supreme Court held that a long-form application could not be demanded without "a showing
that [the licensee] did not meet one of the renewal criteria". The pertinent criteria include whether
all the information submitted in the last previous application remains the same in all material
respects and whether the licensee remains qualified to receive a license. This showing may be
made at the hearing to consider whether a long-form application should be required and may be
met by the testimony of the protesters. That is, at the initial hearing the City Council should
consider whether there is reason to believe something material about the licensee or the location
has changed from when the license was last issued or to believe the licensee no longer meets the
criteria in effect when the license was,granted.
•
I have prepared the attached resolution and cover letter to be presented to the City Council in
response to this protest. The protest hearing should be scheduled as soon as possible. There are
no statutory deadlines, although case decisions indicate the renewal process should be completed
by the license's expiration on November 1, 1999.
Buster Brown, City Clerk
August 16, 1999
Page 2
SUBJECT: Protest Petition - Liquor License of Jake's Bar
You should notify the Liquor Control Commission that the protest has been received and request
that the license not be automatically renewed until the City Council has an opportunity to consider
the protest. Omaha Municipal Code section 15-32(a) requires that you notify the licensee of the
hearing and I suggest all protesters should also be notified. This notice can be either in writing
or by telephone. If a long-form is requested, section 15-33(a) requires you to give the licensee
written notification of the application hearing.
Please let me know if you have any questions.
Respectfu mitted,
Thomas O. Mumgaar
Assistant City Attorne
Attachments
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the Nebraska Liquor Control Act provides that Class"C"liquor licenses
issued for the 1999-2000 licensing year shall expire on November 1, 1999; and,
WHEREAS, the Nebraska Liquor Control Act provides that a liquor licensee may
renew its liquor license if the licensee remains qualified to receive a license,the premises remain the
same, and the premises are suitable for the purpose for which the license is issued; and,
WHEREAS, the Nebraska Liquor Control Act provides that the Nebraska Liquor
Control Commission shall require a licensee to submit a formal application for renewal if requested
in writing to do so by the appropriate local governing body and that, if protests to renewal are
properly filed by three or more residents,the City Council shall hold a hearing on such protests; and,
WHEREAS, Las Jarras, Inc., holds a Class "C" liquor license issued for the
1999-2000 licensing year and is doing business as "Jake's Bar" at 2646 "Y" Street in Omaha,
Nebraska; and,
WHEREAS, written protests against the renewal of the liquor license held by Las
Jarras,Inc., at 2646 "Y" Street have been filed with the City Clerk by more than three residents of
the City; and,
WHEREAS,this City Council wishes to consider whether Las Jarras, Inc., remains
qualified to receive a liquor license and the premises at 2646 "Y" Street remains suitable for the
purposes for which the license was issued.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Nebraska Liquor Control Commission is hereby requested to require Las
Jarras,Inc.,d/b/a"Jake's Bar",at 2646"Y"Street,Omaha,Nebraska,to submit a formal application
for renewal of its Class "C" retail liquor license for the 1999-2000 licensing year.
P:\LAW\7531.MAF APP D AS TO FORM:
ss>4 CITY AT O Y DATE
Ga.44 02 "g747.c.k.
Councilmember
Adopted SEP 1 4 1999 �J _/4.
- -
City Clerk
Approved..RETURNING..UNSIGN GAD
Mayor / J�//
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