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RES 1999-0953 - Amend keno criteria to require disapproval of location for which contract was signed more than 120 days before application • a f - 1 r Law Department .� �a. Omaha/Douglas Civic Center � 1�1�'S'+`y , .i ,� „j i �{ '.1819 Famam Street,Suite 8041lZt ••6 'r Omaha,Nebraska 68183-0804 � (402)444-5115 ° `J y Telefax(402)444-5125 �4/WoFEBRVr City of Omaha Paul D.Kratz Hal Daub,Mayor City Attorney • Honorable President and Members of the City Council, The attached Resolution is prepared at the request of the City Council Keno Lottery Committee. The Resolution amends one of the keno satellite criteria adopted March 24, 1992. The keno lottery' operator agreements require that keno operators enter into an agreement with the owners or operators of satellite locations. The proposed amendment to the keno criteria requires that those satellite agreements or a ratification of those agreements must have been signed by the owner or operator within one-hundred.and twenty(120) days before the satellite application is submitted to the City. The satellite agreements cannot be binding upon the satellite owner or operator beyond that period. The proposed amended criteria aims at assuring the City Council that the operator cannot take satellite locations off the market by signing agreements with the location and then not submitting the application to the City. It further assures the City Council that the satellite owner or operator's consent to working with the keno operator has been obtained recently. In addition, it will provide the City Council some certainty if the two keno operators contend they have each contracted with a proposed satellite location. The Keno Lottery Committee recommends approval of this amendment. Respec ' 11 submitted, A-(59P'/ 9) 4 Thomas O. Mumgaar Assistant City Attorney P:\LAW\6688.MAF J ' REQUEST TO LAW LAW DEPARTMENT USE ONLY: LOG BOOK# co TO: Paul D. Kratz, City Attorney DATE ASSIGNED co ASSIGNED TO �' ' DATE: January 11. 1999 ANSWERED/SENT OUTS pry WITHDRAWN tper77 REQUEST BEING MADE BY: on behalf of Council Lottery Committee Sharon J. Arnold `l,� City Council 5519 (NAME) (DEPARTMENT) (PHONE) TIME LINE: (Due Date) January 26. 1999 City Council Agenda (12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT) REQUEST FOR: Resolution to Amend Keno Application and Location Criteria (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached"). The City Council Keno Lottery Committee requests the attached draft resolution be prepared for placement on the January 26, 1999 City Council Agenda. Please contact Sharon Arnold (ext. 5519) or Lou Andersen (ext. 5518) if you have questions concerning this request. INFORMATION ATTACHED: YES X NO NONE AVAILABLE c: Councilmembers, Buster Brown. Lou D'Ercole, Donna Wiman (Finance Department), Brinker Harding, Council Staff sja /; REVISED: 10/96 • • , RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has entered into lottery operator agreements controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations; and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations should be approved; and, WHEREAS, this Council desires to amend the adopted criteria to require that satellite keno lottery locations be submitted for approval in a timely mariner after execution of an agreement between the satellite owner and the keno lottery operator. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, keno application procedures and location criterion no. 15, adopted by Resolution No. 695 on March 24, 1992, should be and hereby is amended to read as follows: 15. The Contractor, any operating agent of the Contractor, and the satellite or main location owner must have entered into a written agreements governing keno lottery at the location. Such agreements shall prohibit any operating . agent or the location owner from violating any law, rule, regulation, or contract provision governing the lottery operation and shall authorize the Contractor to terminate the agreements upon reasonable demand of the Omaha City Council. The agreements shall not in any way prohibit any owner or occupant of a proposed location from contracting with any other • keno operator after an application for the location has been disapproved or after expiration of the time period set herein for executing the agreement or an appropriate ratification. A copy of the written agreements must be provided to the City before the location will be considered for approval. No location will be approved unless the location agreement or an appropriate ratification was executed by the location owner or operator within one-hundred and twenty 620) days prior to the date the application for the location is submitted to the Finance Director. BE IT FURTHER RESOLVED: THAT this amendment to the application procedures and location criteria shall apply to all applications submitted after its effective date. • APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY 1/1 1/98 revision EXHIBIT A BIG RED LOTTERY SERVICES LTD CONTRACTED LOCATIONS April 12, 1999 SATELLITE NAME ADDRESS AJ's Sports Bar 5305 South 96 Street— 68127 Alderman's Bar 3216 Leavenworth Street - 68105 All Nations Brewhouse 1830 North 72 Street— 68114 Andy's Place 3701 F Street— 68107 Aussies Pub 2326 North 72 Street - 68124 Bambino's Bar & Grill 2236 North 91 Plaza - 68134 Beer City 4147 L Street— 68107 Big D's 5202 South 20 Street— 68107 Bluejay Bar & Grill 2416 Davenport Street— 68131 Boondockers 5222 North 120 Street Brass Knocker Lounge 3012 North 102 Street— 68134 Broken Rail Inn 4910 North 16 Street— 68110 Brothers (The) 3812 Farnam Street 68131 Brown Derby 4036 South 24 Street— 68147 Bucky Dexter . 4213 South 84 Street— 68172 California Bar & Grill 510 North 33 Street— 68131 Cerveny's Bar 5201 South 20 Street - 68107 Choo Choo's 14240 U Street— 68137 Clancy's Pub 7134 Pacific Street— 68106 Club House Lounge 3936 North 90 Street— 68134 Cohen & Kelly's Lounge 13075 West Center Road—68144 Connections 1901 Leavenworth— 68102 Crescent Moon Ale House 3578 Farnam Street— 68131 D & B's Corner 3201 South 24 Street—68108 D's Frontier 8516 North 30 Street— 68112 Danny's Bar & Grill 2007 North 72 Street— 68134 Darby's Tavern 6503 Sunshine Drive — 68107 Dave's Pub 8805 Maple Street— 68134 Dee's Lounge 5430 North 42 Street— 68111 Do-Hickey's 4936 South 136 Street— 68137 Double Take 8919 Grant Street— 68134 Douger's Lounge 4401 Cuming Street— 68131 Dub's Pub 6212 Maple Street— 68104-4004 E'z Place 15761 West Dodge Road— 68118 Exchange (The) 4524 Farnam Street— 68132 Fifth Quarter Lounge 4601 South 50 Street - 68117 Flashbacks 3015 South 83 Avenue — 68124 Frank's Tree House 6500 Railroad Avenue Gaeta's 8505-8507 Frederick Street Geneaux's Pub 5051 South 108 Street— 68137 Getaway Lounge 4745 South 96 Street— 68127 Gold Coast Lounge 4706 South 108 Street— 68137 Goodfellas 623 South 16 Street— 68102 Goodman's Bar 1702 Vinton Street— 68108 Gregg's Hide-Away 4501 South 27 Circle — 68107 Grover Inn 3505 South 42 Street— 68105 Hart's Tavern 3 802 L Street— 68107 Hawk's Nest 2638 South 158 Avenue — 68130 Henry's Sports Bar 7768 Cass Street— 68114 Hickory Bar & Grill 2405 Hickory Street— 68105 Hillside Pub 8033 Blondo Street— 68134 Holiday Inn Central 3321 South 72 Street— 68124 Holiday Lounge 7846 Dodge Street— 68114 Huddle (The) 10318 Ellison Circle — 68134 Interlude Lounge 7643 Pacific Street— 68114 Jet Bar 3311 Q Street— 68107 Joe Banana's 1018-1024 South 10 Street— 68108 Joe's Duck Inn 13336 Millard Avenue— 68137 JP's Food & Spirits 7103 Military Avenue— 68104 Just One More 4303 South 89 Street - 68127 Kat's Brookside Lounge 2640 Bob Boozer Road— 68130 Kelley's Hilltop Lanes 1313 North 48 Avenue — 68131 Kelley's North Bowl 8701 North 30 Street Kendall Tavern 6310 Gilmore Avenue Kozee Lounge 5813 North 60 Street— 68104 L & M Bar 4087 L Street - 68107 Library Pub 5142 North 90 Street— 68134 Little Polonia Bar 3 804 Q Street - 68107 Macky D's Lounge 8414 Q Street— 68144 Maplewood Lanes 3030 North 101 Street— 68134 McFly's Tavern 4503 Center Steet— 68016 Melibu Lounge 7260 North 30 Street— 68112 Mickey Finn's 89th & Fort 8947 Fort Street— 68134 Mickey Finn's Café North 12107 Emmet Street— 68164 Mickey Finn's South 4216 South 50 Street— 68117 Mickey Finn's South 120 4909 South 120 Street— 68132 Mike's Pub 14457 F Street— 68137 Milliard Roadhouse 13325 Millard Avenue — 68137 Muldoon's 2615-25 South 120 Street— 68144 MVP Lounge 5434 South 99 Street— 68127 Neighber's Lounge 4689 Leavenworth Street— 68106 New Manhattan 1019 South 10 Street— 68108 Northshore Tavern 10148 Maple Street— 68134 O'Flaherty's Pub 8552 Park Drive — 68127 O'Leaver's Pub 1322 So. Saddle Creek Rd— 68106 Office West Lounge 1266 South 119 Court— 68144 Olympic Restaurant 1419-21 Farnam Street— 68102 Our Place 2216 South 16 Street Outpost Bar 6301 South 36 Street - 68107 Pheasants Tavern & Cigar Store 13909 S Plaza— 68137 Pic's Six 13328 Millard Avenue - 68137 Pipeline Tavern 1300 South 72 Street— 68124 R Bar 6117 Maple Street— 68104 Ralph's Place 8634 F Street - 68127 Ramada Inn Airport Abbott Drive & Locust St— 68110 Ranch Bowl 1606 South 72 Street— 68124 Ratigan's Lounge 9101 Bedford— 68134 Rendevous Bar 1502 Vinton Street— 68108 Report Inn 12100 West Center Rd— 68144 Rio Keno Casino 3809 North 90 Street— 68134 Rooster's Pub & Eatery 2076 North 117 Street— 68164 Route 66 2235 South 20 — 68108 Saddle Creek Bar & Grill 1410 No. Saddle Creed Rd— 68132 Scorecard (The) 636 North 114 Street— 68154 Shark Club (The) 2808 South 72 Street— 68124 Sheraton Inn—Abigails 4888 South 118 Street— 68137 Skirts Food & Spirits 7821 Military Avenue — 68134 Spring Inn Bar 2703 South 10 Street— 68108 Starsky's 4020 South 13 Street— 68107 Steere's Bar & Grill 10801 Q Street— 68137 Tailgator's Bar & Grill 1702 North 120 Street - 68154 The Old Bar 1008 Bancroft— 68108 Thirty-Third Street Saloon 4623 South 33 Street— 68107 Three's Lounge 8919 North 30 Street— 68111 Tiger Tom's Pub 4424 North 72 Street— 68134 Triangle Bar & Grill 6801-3 Rail Road Avenue — 68107 Twin's Bar 8512 North 30th Street— 68112 Varsity Sports Café — 11th Street 302 South 11th Street— 68102 Varsity Sports Café — Q Street 9735 Q Street— 68127 Victoria's Pool Palace 2825 North 16 Street - 68111 VIP Lounge 9001 Arbor Street— 68124 Wayside Tavern 8503 Maple Street— 68134 Welcome Inn 2332 South 24 Street— 68108 Western Bowl 4725 South 131 Street— 68137 Westlanes 151 North 72 Street— 68114 Westport Bar & Grill 14901 Industrial Road— 68144 Whoo's Pub 2946 North 108 Street Wild Rose Saloon 7024 Maple Street— 68104 Winchester Bar & Grill 7002 Q Street— 68117 Wooden Apple 2030 Martha Street— 68108 Ye Old South "0" Pub 4002 L Street - 68107 Your Place 1951 St. Mary's Avenue — 68131 Zone (The) 7340 Harrison Street— 68127 EXHIBIT B OMAHA FIRST CORPORATION 5015 Underwood Avenue Omaha, Nebraska 68132 SATELLITES UNDER CONTRACT Location Address Fan Tan Club 5915 Center Street Candlelight Lounge 5031 Grover Street 40th Street Bar and Grill 3929 Farnam Street Eli's Bar 11009 Elm Street The RedEye 8437 West Center 777, Inc. 777 North 114th Street Mike & Pat's 9136 Bedford Heiney's 5423 South 36th Avenue Lee's Corner 6135 Military One-N-Go 4917 South 136th Street Rosebud 5018 L Street Musette Bar 5918 Maple Street Waggin Tongue 6508 North 16th Street The Bear Trap 1901 Harney Street Sidelines Sports Bar 4821 Q Street Newell's Bar 2206 South 16th Street Paddock Lounge 7402 F Street Sportsman Bar 27849 West Center Road Buffalo Joe's 4014 South 13th Street i . The Click 6223 Ames Avenue • Old Mill Lounge 10944 West Dodge Road Paddy's Bar& Grill 6913 Maple Street Overtime Bar 3727 Q Street The Gin Mill Lounge 1016 South 74th Plaza Jim's Bar& Grill 8424 North 30th Street Harold's Bar 85th and Blondo Ground Cow a/k/a Utopia 104' and Fort Streets Sullivan's 39th and Farnam Streets Waldo's 60th and Q Streets 2 l L • • MOTION BY COUNCILMEMBERT �. I hereby move that Council Document No. ffi , Current Series, be amended as follows: I. Page 1 of the resolution, line 28, delete the language "sixty (60)" and insert in lieu thereof the language "one hundred and twenty (120)". APPROVE S TO FORM: ASSISTAN ITk' TT EY DATE P:\CC\8728.SKZ • li:\ O. 0.1 far CD co cr \\I\ ' "e... . t-4 : cr • I � MOTION BY COUNCILMEMBER I hereby move that Council Document no. , Current Series,be amended by substituting the attached in lieu of the entire Resolution. APPRO AS TO FORM: -z3 -,7 ASSISTANT CIT A EY P:`LA.v\4348.PJ1.1 • y. • -25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has entered into lottery operator agreements controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations; and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations should be approved; and, WHEREAS,this Council desires to amend the adopted criteria to require that satellite keno lottery locations be submitted for approval in a timely manner after execution of an agreement between the satellite owner and the keno lottery operator. NOW,THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, keno application procedures and location criterion no. 15, adopted by Resolution No. 695 on March 24, 1992, should be and hereby is amended to read as follows: 15. The Contractor, any operating agent of the Contractor, and the satellite or main location owner must have entered into a written agreements governing keno lottery at the location. Such agreements shall prohibit any operating agent or the location owner from violating any law, rule, regulation, or contract provision governing the lottery operation and shall authorize the Contractor to terminate the agreements upon reasonable demand of the Omaha City Council. The agreements shall not in any way prohibit any owner or occupant of a proposed location from contracting with any other keno operator after an application for the location has been disapproved. A copy of the written agreements must be provided to the City before the location will be considered for approval. Agreements entered into after January 23, 1999, shall be submitted to the Finance Director within one-hundred and twenty(120) days after the location owner or operator signs or ratifies the agreement and shall not in any way prohibit any owner or operator of a proposed location from contracting with any other keno operator after expiration of that time period. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 PAGE 2 BE IT FURTHER RESOLVED: THAT this amendment to the application procedures and location criteria shall apply to all applications submitted after its effective date. P:\LAW\4349.PJM API)!0 r II A •it 4.1 (44,( 2-23 79 ASSISTANT CITY A i P. Y • By Councilmember Adopted City Clerk Approved Mayor REQUEST TO LAW DEPARTMENT FOR LAW DEPARTMENT USE ONLY 10-n LOG BOOK # TO: Paul D. Kratz, City A eil£� 2 DATE ASSIGNED o 1�1- ig ,N ASSIGNED TO A,/ LA.�'kQ DATE: February 17, 1996 fEt . ANSWERED/SENT OL4T 4?2 a 3-9 9 U1,144 I? 41 WITHDRAWN \6\ REQUEST BEING MADE BY: . je-half of Councilmember Cliff Herd Lou An sen, Assistant to City Council 5518 (Name (Department) (Phone) TIME LINE (Due Date): Council Agenda of February 23, 1999 12 Working Days from Date Received by Law Department REQUEST FOR: Amendment of the Whole to Keno Contracting Resolution (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Cliff Herd requests an amendment to the Resolution establishing a 120 day contract limit between Keno companies and liquor establishments for new satellite locations. In place of the resolution as now written, Mr. Herd requests an amendment of the whole to prohibit Keno operators from entering into future long term contracts with satellite locations that, in effect, prevent the installation of keno for an extended period of time by another keno provider, if the new location is not operating within 120 days of approval by the City. If you have any questions concerning this request, please contact Lou Andersen, ext. 5518. INFORMATION ATTACHED: YES NO X NONE AVAILABLE rm c: Councilmembers, City Clerk, Brinker Harding, Finance Director, Council Staff • , • co i._3 \ 0 w 1. .1 - R' . r r .\ • 0 b �t O • �h Al \ ,-I a o IA I: ‘ psrn I • MOTION BY COUNCILMEMBER e I hereby move that Council Document No. 07 . , Current Series, be amended in the whole by substituting in lieu thereof the attached Resolution. APPROVED TO FORM: 2-9 A SISTANT CIT A Y DATE P:LAW\9086.SKZ C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has entered into lottery operator agreements . controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations; and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations ("Satellites") should be approved; and WHEREAS, this Council desires to amend the adopted criteria to prevent disputes between the operators with respect to Satellites and to further the interest of the City in maximizing keno revenues. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the keno application procedures and location criteria are amended by adding the following as Criterion no. 33: a. The City shall not approve any Satellite application by an operator for a Contracted Location, as defined below, of any other keno operator. b. Each keno operator has prepared a schedule of locations which the operator has contracted as an existing or potential Satellite("Contracted Locations"). Those schedules are attached to this resolution as Exhibit A (Big Red) and Exhibit B (Omaha First). c. All locations which are not Contracted Locations are "Prospective Locations". A Prospective Location only becomes a Contracted Location of an operator upon executing a Satellite contract with the operator and compliance with the notification procedures described below. Such a location remains a Contracted Location of that operator unless: • By Councilmember Adopted City Clerk Approved Mayor -ZSA • CITY OF OMAHA • LEGISLATIVE CHAMBER • Omaha,Nebr 19 PAGE 2 1. A substantially complete satellite application for that location is not presented to the City of Omaha within 120 days of the later to occur of: (A) the location owner executing a Satellite contract or timely ratification of the Satellite contract with the operator(dated from date of execution); or (B) the receipt of a proper liquor license for the location by the City Clerk; or (C) the location obtaining appropriate zoning for keno; or 2. The City Council votes to deny the Satellite application or withdraws satellite approval; or 3. The location terminates its Satellite contract or the Satellite contract otherwise expires; or 4. The operator loses its contract to operate keno for the City of Omaha or otherwise ceases operating keno for the City of Omaha. d. If a Contracted Location of an operator has a change in ownership which necessitates the filing of a long form liquor license application (other than as provided below), the location will remain a Contracted Location only if, within 120 days from the date the liquor license application is received in the City Clerk's office, the operator obtains an executed contract with the new owner of the Satellite and submits a revised Schedule II for that Satellite to the City of Omaha. If the operator does not obtain an executed contract with the new owner and submit a revised Schedule II within that 120-day period, the Satellite shall become a Prospective Location at the end of the 120-day period. e. A change in ownership of a Contracted Location between immediate family members or as a result of a business reorganization shall not affect that location's status as a Contracted Location of an operator, regardless of whether a long form liquor license application or revised Schedule II is required. By Councilmember Adopted City Clerk Approved Mayor c,25A CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebr 19 PAGE 3 f. Each operator shall notify the other by facsimile at a designated location the next business day after a Prospective Location signs a Satellite contract with that operator and shall send a copy of the notice to the City's keno administrator by facsimile. Facsimile receipt shall provide proof of date and time of notification. If the operator does not notify the other operator and the keno administrator within the next business day after signing the Satellite location, the location shall remain a Prospective Location until a new contract is signed and appropriate notice provided. If a Prospective Location signs with both operators on the same day, and both give notice to the other,the location shall become a Contracted Location of the operator whose contract was signed first in time, as established by appropriate objective proof. Business day means a business day for the City Finance Department. g. The City shall not approve any application for a Satellite if the submitting keno operator has paid or promised the location owner or operator(either directly or indirectly or through any agent, affiliate or otherwise) any amount to induce that location to become a Contracted Location of the submitting keno operator over and above actual expenses of adding keno to the location and percentage rental. h. Each satellite application shall be accompanied by an affidavit of the operator certifying compliance with this criterion. i. This criterion shall be effective for applications for Satellites submitted to the City of Omaha after April 15. 1999,provided that paragraph g. of this criterion shall not prevent the City's P approval of anysatellite application with respect to an agreement signed before that date. PP PP P APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE P:\CC\9098.SKZ By Councilmember Adopted City Cleric • Approved Mayor EXHIBIT A BIG RED LOTTERY SERVICES LTD CONTRACTED LOCATIONS April 12, 1999 SATELLITE NAME E ADDRESS AJ's Sports Bar 5305 South 96 Street — 68127 Alderman's Bar 3216 Leavenworth Street - 68105 All Nations Brewhouse 1830 North 72 Street — 68114 Andy's Place 3701 F Street— 68107 Aussies Pub 2326 North 72 Street - 68124 Bambino's Bar & Grill 2236 North 91 Plaza - 68134 Beer City 4147 L Street— 68107 Big D's 5202 South 20 Street— 68107 Bluejay Bar & Grill 2416 Davenport Street— 68131 Boondockers 5222 North 120 Street Brass Knocker Lounge 3012 North 102 Street— 68134 Broken Rail Inn 4910 North 16 Street — 68110 Brothers (The) 3812 Farnam Street— 68131 Brown Derby 4036 South 24 Street—68147 Bucky Dexter . 4213 South 84 Street— 68172 California Bar & Grill 510 North 33 Street— 68131 Cerveny's Bar 5201 South 20 Street - 68107 Choo Choo's 14240 U Street— 68137 Clancy's Pub 7134 Pacific Street — 68106 Club House Lounge 3936 North 90 Street — 68134 Cohen & Kelly's Lounge 13075 West Center Road — 68144 Connections 1901 Leavenworth — 68102 Crescent Moon Ale House 3578 Farnam Street— 68131 D & B's Corner 3201 South 24 Street — 68108 D's Frontier 8516 North 30 Street — 68112 Danny's Bar & Grill 2007 North 72 Street — 68134 Darby's Tavern 6503 Sunshine Drive — 68107 Dave's Pub 8805 Maple Street — 68134 Dee's Lounge 5430 North 42 Street — 68111 Do-Hickey's 4936 South 136 Street— 68137 Double Take 8919 Grant Street — 68134 Douger's Lounge 4401 Cuming Street— 68131 Dub's Pub 6212 Maple Street— 68104-4004 E'z Place 15761 West Dodge Road — 68118 Exchange (The) 4524 Farnam Street— 68132 Fifth Quarter Lounge 4601 South 50 Street - 68117 Flashbacks 3015 South 83 Avenue — 68124 Frank's Tree House 6500 Railroad Avenue Gaeta's 8505-8507 Frederick Street Geneaux's Pub 5051 South 108 Street— 68137 Getaway Lounge 4745 South 96 Street— 68127 Gold Coast Lounge 4706 South 108 Street— 68137 Goodfellas 623 South 16 Street— 68102 Goodman's Bar 1702 Vinton Street— 68108 Gregg's Hide-Away 4501 South 27 Circle — 68107 Grover Inn 3505 South 42 Street— 68105 Hart's Tavern 3802 L Street— 68107 Hawk's Nest 2638 South 158 Avenue — 68130 Henry's Sports Bar 7768 Cass Street — 68114 Hickory Bar & Grill 2405 Hickory Street— 68105 Hillside Pub 8033 Blondo Street— 68134 Holiday Inn Central 3321 South 72 Street— 68124 Holiday Lounge 7846 Dodge Street— 68114 Huddle (The) 10318 Ellison Circle — 68134 Interlude Lounge 7643 Pacific Street— 68114 Jet Bar 3311 Q Street— 68107 Joe Banana's 1018-1024 South 10 Street— 68108 Joe's Duck Inn 13336 Millard Avenue — 68137 JP's Food & Spirits 7103 Military Avenue — 68104 Just One More 4303 South 89 Street - 68127 Kat's Brookside Lounge 2640 Bob Boozer Road — 68130 Kelley's Hilltop Lanes 1313 North 48 Avenue — 68131 Kelley's North Bowl 8701 North 30 Street Kendall Tavern 6310 Gilmore Avenue Kozee Lounge 5813 North 60 Street — 68104 L & M Bar 4087 L Street - 68107 Library Pub 5142 North 90 Street — 68134 Little Polonia Bar 3804 Q Street - 68107 Macky D's Lounge 8414 Q Street— 68144 Maplewood Lanes 3030 North 101 Street— 68134 McFly's Tavern 4503 Center Steet— 68016 Melibu Lounge 7260 North 30 Street— 68112 • Mickey Finn's 89th & Fort 8947 Fort Street — 68134 Mickey Finn's Cafe North 12107 Emmet Street— 68164 Mickey Finn's South 4216 South 50 Street — 68117 Mickey Finn's South 120 4909 South 120 Street— 68132 Mike's Pub 14457 F Street — 68137 Milliard Roadhouse 13325 Millard Avenue — 68137 Muldoon's 2615-25 South 120 Street— 68144 MVP Lounge 5434 South 99 Street— 68127 Neighber's Lounge 4689 Leavenworth Street — 68106 New Manhattan 1019 South 10 Street— 68108 Northshore Tavern 10148 Maple Street— 68134 O'Flaherty's Pub 8552 Park Drive — 68127 O'Leaver's Pub 1322 So. Saddle Creek Rd— 68106 Office West Lounge 1266 South 119 Court— 68144 Olympic Restaurant 1419-21 Farnam Street— 68102 Our Place 2216 South 16 Street Outpost Bar 6301 South 36 Street - 68107 Pheasants Tavern & Cigar Store 13909 S Plaza— 68137 Pic's Six 13328 Millard Avenue - 68137 Pipeline Tavern 1300 South 72 Street— 68124 R Bar 6117 Maple Street— 68104 Ralph's Place 8634 F Street - 68127 Ramada Inn Airport Abbott Drive & Locust St— 68110 Ranch Bowl 1606 South 72 Street— 68124 Ratigan's Lounge 9101 Bedford— 68134 Rendevous Bar 1502 Vinton Street— 68108 Report Inn 12100 West Center Rd — 68144 Rio Keno Casino 3809 North 90 Street— 68134 Rooster's Pub & Eatery 2076 North 117 Street— 68164 Route 66 2235 South 20 — 68108 Saddle Creek Bar & Grill 1410 No. Saddle Creed Rd — 68132 Scorecard (The) 636 North 114 Street— 68154 Shark Club (The) 2808 South 72 Street— 68124 Sheraton Inn —Abigails 4888 South 118 Street— 68137 Skirts Food & Spirits 7821 Military Avenue — 68134 Spring Inn Bar 2703 South 10 Street — 68108 Starsky's 4020 South 13 Street — 68107 Steere's Bar & Grill 10801 Q Street— 68137 Tailgator's Bar & Grill 1702 North 120 Street - 68154 The Old Bar 1008 Bancroft— 68108 Thirty-Third Street Saloon 4623 South 33 Street — 68107 Three's Lounge 8919 North 30 Street— 68111 Tiger Tom's Pub 4424 North 72 Street— 68134 Triangle Bar & Grill 6801-3 Rail Road Avenue — 68107 Twin's Bar 8512 North 30th Street— 68112 Varsity Sports Café — 11 th Street 302 South lit Street — 68102 Varsity Sports Café — Q Street 9735 Q Street— 68127 Victoria's Pool Palace 2825 North 16 Street - 68111 VIP Lounge 9001 Arbor Street— 68124 Wayside Tavern • 8503 Maple Street— 68134 Welcome Inn 2332 South 24 Street — 68108 Western Bowl 4725 South 131 Street - 68137 Westlanes 151 North 72 Street— 68114 Westport Bar & Grill 14901 Industrial Road— 68144 Whoo's Pub 2946 North 108 Street Wild Rose Saloon 7024 Maple Street— 68104 Winchester Bar & Grill 7002 Q Street— 68117 Wooden Apple 2030 Martha Street— 68108 Ye Old South "0" Pub 4002 L Street - 68107 Your Place 1951 St. Mary's Avenue — 68131 Zone (The) 7340 Harrison Street— 68127 EXHIBIT B OMAHA FIRST CORPORATION 5015 Underwood Avenue • Omaha, Nebraska 68132 SATELLITES UNDER CONTRACT Location Address Fan Tan Club 5915 Center Street Candlelight Lounge 5031 Grover Street 40th Street Bar and Grill 3929 Farnam Street • Eli's Bar 11009 Elm Street The RedEye 8437 West Center 777, Inc. 777 North 114th Street Mike & Pat's 9136 Bedford Heiney's 5423 South 36th Avenue Lee's Corner 6135 Military One-N-Go 4917 South 136th Street Rosebud 5018 L Street Musette Bar 5918 Maple Street Waggin Tongue 6508 North 16th Street The Bear Trap 1901 Harney Street Sidelines Sports Bar 4821 Q Street Newell's Bar 2206 South 16th Street Paddock Lounge 7402 F Street Sportsman Bar 27849 West Center Road Buffalo Joe's 4014 South 13th Street i • • The Click 6223 Ames Avenue Old Mill Lounge 10944 West Dodge Road Paddy's Bar& Grill 6913 Maple Street Overtime Bar 3727 Q Street The Gin Mill Lounge 1016 South 74th Plaza Jim's Bar & Grill 8424 North 30th Street Harold's Bar 85th and Blondo Ground Cow a/k/a Utopia - 104th and Fort Streets Sullivan's 39th and Farnam Streets Waldo's 60th and Q Streets 2 REQUEST TO LAW "" `'' ' s LAW DEPARTMENT USE ONLY: � � LOG BOOK#Rg 7- �' TO: Paul D. Kratz, City 4, o evi W t. DATE ASSIGNED Ai- `0 ASSIGNED TO /1"'-'�.�.t. DATE: April 7, 1999 ��'L�" ANSWERED/SENT OUT `t j clj WITHDRAWN REQUEST BEING MADE BY: on behalf of Council Lottery Committee Sharon J. Arnold b�t� City Council 5519 (NAME) (DEPARTMENT) (PHONE) TIME LINE: (Due Date)April 13, 1999 City Council Agenda (12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT) REQUEST FOR: Amendment- Resolution to Amend Keno Application and Location Criteria (State Specifically What You Are Requesting) DETAILS: (Do Not State"See Attached"). The City Council Keno Lottery Committee requests the attached document, with revisions, be prepared as an amendment of the whole to the resolution to amend the keno application and location criteria. Delete the language in Paragraph 2, which allows for inducement payments of$2,000 to satellite operators. In Paragraph 1(d) change wording to read "...120 days from the date the liquor license application is received in the City Clerk's office..." Also in Paragraph 1(d) add language which clarifies the concept that the lottery operator agreement follows the satellite location, for 120 days, after a change in establishment ownership. In Paragraph 1 (c), change 180 days to 120 days to be consistent with Paragraph 1 (d). The Lottery Committee would appreciate the Law Department providing copies of the amendment of the whole to the lottery operators as soon as possible. Please contact Sharon Arnold (ext. 5519) or Lou Andersen(ext. 5518) if you have questions concerning this request. INFORMATION ATTACHED: YES X NO NONE AVAILABLE c: Councilmembers, Buster Brown, Lou D'Ercole, Donna Wiman(Finance Department), Brinker Harding, Council Staff sja REVISED: 10/96 O34,23/99 10:28 FAA 4 UKUJJ sc fC.LLU LJUUG/UUU MAR 23 '99 09:2SAM • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA WHEREAS, the City of Omaha has entered into lottery operator agreements controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations;and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations("Satellites") should be approved;and WHEREAS, this Council desires to amend the adopted criteria to prevent disputes between the operators with respect to Satellites and to further the interest of the City in maximizing keno revenues. V NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: That the keno application procedures and location criteria are amended by adding the following criteria: 1.a. The City shall not approve any Satellite application by an operator for a Contracted Location, as defined below, of the other operator. b. The City has caused each keno operator to prepare a schedule of locations which the operator has contracted as an existing or potential Satellite ("Contracted Locations"). Those schedules are attached to this resolution as Exhibit A (Big Red) and Exhibit B (Omaha First). c. All locations which are not Contracted Locations are `Prospective Locations". A Prospective Location only becomes a Contracted Location of an operator upon executing a Satellite contract with the operator, and compliance with the notification procedures described below. Such a location remains a Contracted Location of that operator unless: 1) A substantially complete satellite application for that location is not presented to the City of Omaha within 180 days of the later to occur of: (A) the location owner executing a Satellite contract or timely ratification of the Satellite contract with the operator(dated from date of execution); or (B) the receipt of a proper liquor license for the location by the City Clerk; or (C) the location obtaining appropriate zoning for keno; or 2) The City Council votes to deny the Satellite application or withdraws satellite approval; or 3) The location terminates its Satellite contract or the Satellite contract otherwise expires; or r . -.03/.23/99 10:29 FAX 4 GROSS & WELCH J 003/009 _ e MAR 23 '99 09:25AM • • 4) The operator loses its contract to operate keno for the City of Omaha or otherwise ceases operating keno for the City of Omaha. d. If a Contracted Location of an operator has a change in ownership which necessitates the filing of a long form liquor license application (other than as provided below), that operator will have 120 days from the date the liquor license is received from the City Clerk's office to obtain an executed contract with the new owner of the Satellite and submit a revised Schedule II for that Satellite to the City of Omaha. If the operator does not obtain an executed contract with the new owner and submit a revised Schedule II within that 120-day period,the Satellite shall become a Prospective Location at the end of the 120-day period. e. A change in ownership of a Contracted Location between immediate family members or as a result of a business reorganization shall not affect that location's status as a Contracted Location of an operator, regardless of whether a long form liquor license application or revised Schedule II is required. f. Each operator will notify the other by facsimile at a designated location the next business day after a Prospective Location signs a Satellite contract with the operator with a copy to the City's keno administrator by facsimile. Facsimile receipt shall provide proof of date and time of notification. If the operator does not notify the other operator .and the keno administrator by the next business day after signing the Satellite location, the location shall remain a Prospective Location until a new contract is signed and appropriate notice provided. If a Prospective Location signs with both operators on the same day, and both give notice to the other, the location shall become a Contracted Location of the operator whose contract was signed first in time, as established by appropriate objective proof. Business day means a business day for the City Finance Department. 2. The City shall not accept any application for a Satellite which has been paid or promised by the operator submitting the application (whether directly or indirectly or through any agent, affiliate or otherwise) any amount to induce that location to become a Contracted Location of the operator over and above expenses of adding keno to the location and percentage rental. This criterion shall not preclude an operator from reimbursing a satellite for its time and expense in negotiating for, setting up, licensing and training for keno in any amount not to exceed $2,000 per location. 3. Each satellite application shall be accompanied by an affidavit of the operator certifying compliance with the Resolution. 4. This Resolution shall be effective for applications for Satellites submitted to the City of Omaha after April 15, 1999, provided that paragraph 2 of this resolution shall not prevent the City's approval of any satellite application with respect to an agreement signed before that date. . f i , t Y 1 � b � P o t -N 1 to M 0 a t3CD 13 a :, +o o b o� e .o • o n B i \ tr'\1N 1.4 ;t'l .CD 0, OCD • , • MOTION BY COUNCILMEMBER I hereby move that Council Document No. , Current Series, be amended in the whole by substituting in lieu thereof the attached Resolution. APPROV AS TO FORM: /-Z7 99 ASSISTANT CI Y O Y DATE P:\LAW\8730.SKZ C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has entered into lottery operator agreements controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations; and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations should be approved; and, WHEREAS,this Council desires to amend the adopted criteria to require that satellite keno lottery locations be submitted for approval in a timely manner after execution of an agreement between the satellite owner and the keno lottery operator. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, keno application procedures and location criterion no. 15, adopted by Resolution No. 695 on March 24, 1992, should be and hereby is amended to read as follows: 15. The Contractor, any operating agent of the Contractor, and the satellite or main location owner must have entered into a written agreements governing keno lottery at the location. Such agreements shall prohibit any operating agent or the location owner from violating any law, rule, regulation, or contract provision governing the lottery operation and shall authorize the Contractor to terminate the agreements upon reasonable demand of the Omaha City Council. The agreements shall not in any way prohibit any owner or occupant of a proposed location from contracting with any other keno operator after an application for the location has been disapproved, Agreements signed after February 23, 1999, shall not in any way prohibit any owner or occupant of a proposed location from contracting with any other keno operator after expiration of the time period set herein for executing the agreement or an appropriate ratification. A copy of the written agreements must be provided to the City before the location will be considered for approval. No location will be approved unless the location agreement or an appropriate ratification was executed by the location owner or operator within one-hundred and twenty(120) days prior to the date the application for the location is submitted to the Finance Director. By Councilmember Adopted City Clerk Approved Mayor C.-25A - CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebr 19 PAGE -2- BE IT FURTHER RESOLVED: THAT this amendment to the application procedures and location criteria shall apply to all applications submitted after its effective date. APP DASTO .• ASSISTANT CITY RNEY DATE P:\LAW\6822.SAP By Councilmember Adopted City Clerk Approved Mayor • REQUEST TO LAW DEPARTMENT FOR.LAW DEPARTMENT USE ONLY LOG BOOK # TO: Paul D. Kratz, City Attorney DATE ASSIGNED ASSIGNED TO DATE: February 17, 1999 ANSWERED/SENT OUT WITHDRAWN REQUEST BEING MADE BY: On Behalf of Councilmember Cliff Herd Lou Andersen, Assistant to City Council 5518 (Name)' (Department) (Phone) TIME LINE (Due Date): Council Agenda of February 23, 1999 12 Working Days from Date Received by Law Department REQUEST FOR: Amendment of the Whole to Keno Contracting Resolution (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Cliff Herd requests an amendment to the Resolution establishing a 120 day contract limit between Keno companies and liquor establishments for new satellite locations. In place of the resolution as now written, Mr. Herd requests an amendment of the whole to prohibit Keno operators from entering into future long term contracts with satellite locations that, in effect, prevent the installation of keno for an extended period of time by another keno provider, if the new location is not operating within 120 days of approval by the City. If you have any questions concerning this request, please contact Lou Andersen, ext. 5518. INFORMATION ATTACHED: YES NO X NONE AVAILABLE rm c: Councilmembers, City Clerk, Brinker Harding, Finance Director, Council Staff v • aX b t-1 ro - 2ct, o g' • 0 % k t _ Lv,._".,•• p. 4,.. �'jy 4 O cq O .•.,C I.'..7.i r1- ..,k t P ^ ' 0 ` 4a \,.‘1.••.,.. -.‘.. In CO ` a R I. . '\ � ba ,�, 'el; � .0 •cn \‘‘, , • MOTION BY COUNCILMEMBER 21-j— • I hereby move that Council Document No. 7 , Current Series, be amended as follows: I. Page 3, line 2 of paragraph i.; delete the figure "2" and insert in lieu thereof the language "g.". APP D AS TO FORM: ASSIST ORNEY DATE P:\CC\9097.SKZ I a O co a . ci) Cr o o cC U .� d CD o o co _ C-25A• CITY OF OMAHA LEGISLATIVE CHAMBER r - • Omaha,Nebr 19 , RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has entered into lottery operator agreements • controlling the operation of keno lottery games at designated locations which permit the lottery operators to seek this City Council's approval of satellite keno lottery locations; and, WHEREAS, by Resolution No. 695, adopted March 24, 1992, this City Council established procedures and criteria to be used in determining if applications for satellite keno lottery locations ("Satellites") should be approved; and WHEREAS, this Council desires to amend the adopted criteria to prevent disputes 1 ' between the operators with respect to Satellites and to further the interest of the City in maximizing keno revenues. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the keno application procedures and location criteria are amended by adding ) the following as Criterion no. 33: a. The City shall not approve any Satellite application by an operator for a Contracted Location, 4 r as defined below, of any other keno operator. b. Each keno operator has prepared a schedule of locations which the operator has contracted as an existing or potential Satellite("Contracted Locations"). Those schedules are attached to this resolutiOn as Exhibit A(Big Red) and Exhibit B (Omaha First). c. All locations. which are not Contracted Locations are "Prospective Locations". A Prospective Location only becomes a Contracted Location of an operator upon executing a Satellite contract with the operator and compliance with the notification procedures described • below. Such.a location remains a Contracted Location.of that operator unless: 4 By Councilmember 'Adopted City Clerk, Approved Mayor' ' _ c-asA . CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 PAGE 2 1. A substantially complete satellite application for that location is not presented to the City of Omaha within 120 days of the later to occur of: (A) the location owner executing a Satellite contract or timely ratification of the Satellite contract with the operator(dated from date'of execution); or (B) the receipt of a proper liquor license for the location by the City Clerk; or (C) the location obtaining appropriate zoning for keno; or 2. The City Council votes to deny the Satellite application or withdraws satellite approval; or 3. The location terminates its Satellite contract or the Satellite contract otherwise expires; or 4. The operator loses its contract to operate keno for the City of Omaha or otherwise ceases operating keno for the City of Omaha. d. If a Contracted Location of an operator has a change in ownership which necessitates the filing of a long form liquor license application (other than as provided below),the location will remain a Contracted Location only if, within 120 days from the date the liquor license application is received in the City Clerk's office, the operator obtains an executed contract with the new owner of the Satellite and submits a revised Schedule II for that Satellite to the City of Omaha. If the operator does not obtain an executed contract with the new owner and submit a revised Schedule II within that 120-day period, the Satellite shall become a Prospective Location at the end of the 120-day period. • • e. A change in ownership of a Contracted Location between immediate family members or as a result of a business reorganization shall not affect that location's status as a Contracted Location of an operator, regardless of whether a long form liquor license application.or • revised Schedule II is required. By Councilmember Adopted • City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 • 1 PAGE 3 • f. Each operator shall notify the other by facsimile at a designated location the next business day after a Prospective Location signs a Satellite contract with that operator and shall send a copy of the notice to the City's keno administrator by facsimile. Facsimile receipt shall proof of date and tim e of notification. If the operator does not notify the other operator and the keno administrator within the next business day after signing the Satellite location,the location shall remain a Prospective Location until a new contract is signed and appropriate notice provided. If a Prospective Location signs with both operators on the same day,and both give notice to the other,the location shall become a Contracted Location of the operator.whose contract was signed first in time, as-established by appropriate objective proof. Business day means a business day for the City Finance Department. g. The City shall not approve any application for a Satellite if the submitting keno operator has paid or promised the location owner or operator(either directly or indirectly or through any agent,affiliate or otherwise) any amount to induce that location to become a Contracted Location of the submitting keno operator over and above actual expenses of adding keno to the location and percentage rental. h. . Each satellite application shall be accompanied by an affidavit of the operator certifying , compliance with this criterion. 1.1 i. This criterion shall be effective for applications for Satellites submitted to the City of Omaha \,‘ after April 15. 1999,provided that paragraph g. of this criterion shall not prevent the City's approval of any satellite application with respect to an agreement signed before that date. APP D AS TO FORM: • ASSISTANT Y ORNEY DATE P:\CC\9098.SKZ ' By Councilmember 'Adopted APR 1 3 1999 4.1 � .r°Y%.�� 7-0 City Clerk _RETURNING UNSIGNED !� Gf Appro // < - - - - Mayor 1 . , ___ zi,4 )k • c, : no ct, :6, 0 % ( ic,' . 1f,.N !-0 '1/4i)'°°\ co2 ..$1D .-.,'-c 5 PI ,-.7' li \N'- .q,.., _!.., . \ ,tro,, z . '-c5* (4• ' \\\ p wc$3), ,1:$.161) <20,_, .. •( off a i. 0 8 q b -L.• . ' k; w0 0 /o - - " K\.\\,,,.. ,,,3 -, ./r, 3:- A N /$1*. I ) ( N: k" ckl " ' 11 1.. rn ct \ \ k -.. „ (.08 ...NO k,, ,-.., .os 444 (.,4 .o o w .i �-z , Cis /`'2- t i Q o