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RES 1998-1526 - SDL to Greater Omaha Sports Committee Inc June 12-14 1998 `� � I ,I t. w Law Department ��r l �era ( ; -2 Omaha/Douglas Civic Center Writ ll� `+ r `� '` &' ' 1819 Famam Street,Suite 804 �® 114 m Omaha,Nebraska 68183-0804 0 4 (402)444-5115 4;t7Fo FEDO) 4 a i;„ ,. f` .:'� 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 is prepared at the request of the City Clerk. The resolution amends action previously taken by the City Council to approve a Special Designated Liquor License and approve alcohol consumption on public property during the "Taste of Omaha" being held at Heartland of America Park on June 12-14, 1998. The City Council approved the sale and consumption on Eighth Street and Farnam Street but the License applicant has informed the City Clerk that location was in error. Sale and consumption will take place in the park in the area along the north shore of the lake which is designated on the attached map as "Beer Area". Because this area is not owned or operated by the City,the previously adopted resolution approving consumption on public property is unnecessary and should be rescinded. The Douglas County Board of Commissioners has jurisdiction over this area and has approved the event. But, because it is inside the city limits,the Special Designated License must be approved by the City Council. This resolution amends the location described on the previously approved Special Designated License. Respec lly/submitted, ,, R O Thomas O. Mumgaard Assistant City Attorney . P:\LAW\5714.MAF GREATER OMAHA SPORTS COMMITTEE 8� m Q I 1613 FARNAM ST STE 666/OMAHA NE/68102-2142; 402/346-8003; FAX: 402/346-5412 7 c, co lri ra CD May 22, 1998rn M. ry Mr_. Buster Brown-City_Clerk r 1 ,1 City of Omaha '' 1-819..Farnarx_r_St_Ste.LC-1 co Omaha NE 68183-0112 Dear Mr_Brown / On-Tuesday,_ May 19-, 1.998,_ the Douglas-County Board of Commissioners-approved a request for an outdoor beer/wine garden at the "Taste of Omaha" event, scheduled for June-12-14, 1-998; in Heartland of America-Park. The-area-approved is-located eastof the Heartland Park stage, will include a tent, and will be enclosed by perimeter fencing to.r-estrict_ac9ess. It-has cameto-my-attention-that the-Special-Designated-License-approved-by the.City Council of the City of Omaha, and issued by the State Liquor Control Commission, lists °8th-& Farnam" as_the.-location=vv here=-beer/wine_will:be-served This:is,not,the.exact location where beer/wine will be served, although "8th & Farnam" is one of the entrances:to,Heart#and-Park. rm-requesting_your- assistance--in--resolving-this- issuer Specifically, I- need to-ensure that the permit used by the Liquor Control Commission adequately covers the actual location_where_beerLwine_will_be served. Yours truly, Oc\ RohPrt P_Mancuso RPM:sn Enclosures_ 'r f Syr ♦, a \ i 0 44;70...-. ;j::.'••• '. 1 . 1 ( GS . I I 1:f.:•;, '' • ) ;0 i,A , cpiAt, i — \-7 ' ,.441.1 • \ \ ,; y / , 1 It + 1 r O 47 49 fir::. . 0 is lie - (0 Lricirg o a. o :-.... Jiyx-• - al a 1 Jo o ® --_ oo p , • , o p o o + • .I. • �1. f oo. © G G r ® G o .i• g oo . . ` w .tt. to II 00. . ' • . . . -sr 4 ii % __ c,- 40,e • ... %dr k\\* ,....i. © 41 Z i re' ❑ • �L1 0 o r , ✓J ` 1 ` . 3 1 ❑ d 1 ,4 \ ::r1 ‘'7 . D "1 . t I SI 1 r m.o. I IS nrrn.r.�r .wrw -3.9rtaLS /1'1'2, . ei to UV•U4 lll, tNV 1 fi. svLb. 4 LC 2 NO.115 002 RECEIVED MAY 21 1998 • Resolved Environmental Services WHEREAS, Mid-America Expositions, Inc. is sponsoring a"Taste of Omaha"event at Heartland of America Park, June 12-14, 1998, and; WHEREAS, Mid-America wishes to sell alcoholic beverages as part of this event, and; WHEREAS, on August 16, 1994 the Board of County Commissioners,Douglas County, Nebraska, approved alcoholic beverage use in Heartland of America Park, subject to specific restrictions and conditions, including, but not limited to, the provision of liability insurance and security, and; , WHEREAS, the Board of County Commissioners, Douglas County, Nebraska, must approve all permits for alcoholic beverage consumption in Heartland of America Park. NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS, DOUGLAS COUNTY, NEBRASKA, THAT, Mid-America Expositions, Inc. is authorized to sell alcoholic beverages during the"Taste of Omaha" event at Heartland of America Park, June 12-14, 1998 as designated on the Special Designated License. This authorization is contingent upon Mid-America Expositions, Inc. providing all required event information to Douglas County and obtaining approval from the City of Omaha and the State of Nebraska Liquor Control Commission, for their Special Designated License under the Nebraska Liquor Control Act. Mid-America Expositions, Inc. will supply to Kent E.Holm, Director of Environmental Services, a copy of the approved Special Designated License, no Iater than June 5, 1998. BE IT FURTHER RESOLVED, THAT,Mid-America Expositions, Inc. will be required to abide by all other park regulations and policies and to provide public liability insurance, naming Douglas County as additional insured. Kent E. Holm,Director of Environmental Services, or designee, is authorized to coordinate and administer the details oft is special event on behalf of Douglas County. DATED this 19th day of M , 1998. Motion by Borgeson, seconded by Mills _,O I move the adoption of the resolu ' - ADOPTED: May 19, 1998 YEAS: Borgeson, Boyle, Duda � — f Hutchings, Mills, Pirsch, Harris 7,_ (Cert. 4 "v// A "6V'JL 1 , DOUG . COUNTY CLE / Certified Copy: Commissioners, Environmental Services, Mid-America Ex ositions In P } R EQU EsT TO LAW FOR LAW DEPARTMENT USE ONLY Paul Kratz, City:Attorney LOG BOOK ll 11,. • J - y)7 I- • � +, DATE ASSIGNED L� Ce/ DATE: rray, Z2., 1998,. i ^J / r.•. ASSIGNED TO /�414.Kuqt ai.�l ANSWERED/SENT OUT WITHDRAWN • REQUEST BEING MADE BY: Sandie Moses City Clerk's Office 5554 (Name) ( DEPARTMENT) (PHONE) TIME LINE: (Due Date) June 2, 1998 City Council Agenda (prepared May 30, 1998) (12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT) • REQUEST FOR: Resolution (STATE SPECIFICALLY WHAT YOU ARE REQUESTING) DETAILS: (Do Not State 'See Attached). This is to request preparation of a resolution rescinding Resolution No. 1287, adopted May 12, 1998, and amending the Special Designated Liquor License for Greater Omaha Sports Committee, Inc. for June 12-14, 1998 at Heartland of America Park (Document No. 1286 of May 12, 1998) . A copy of a letter from the applicant is attached along with a map of the area that is to be licensed. The area previously approved was incorrect. In addition, Res. No. 1287 authorized use of City property which is now not necessary and should be rescinded. I have discussed this with Tom Mumgaard, and this is his recommended procedure. Thank you for your assistance. INFORMATION ATTACHED: YES X NO NONE AVAILABLE REVISED: I0/9 ` J.` _ .. W ,. <�v..... S.•f�VL.I.VI.il.l,JJlVfr APPLICATION FOR SPECIAL DESIGNATED LICENSE UNDER NEBRASKA LIQUOR CONTROL ACT SEA. PLEASE TYPE OR PRINT Complete all Sections Commission Use Only Complete and return the original to the Nebraska Liquor Control Commission,P.O.Box 95046,Lincoln,NE 68509. A license fee of$2.5 for each day for which the license is applied(not to exceed six days in one calendar year)and local approval must be included with this application. All fees must be payable to Nebraska Liquor Control Commission. SIGNED STATEMENT FROM LOCAL POLICE CHIEF OR COUNTY SHERIFF, WHICH EVER IS APPLICABLE,PER 12,ON REVERSE SIDE. A NON PROFIT CORPORATION MUST include a letter from the IRS declaring that the corporation is exempt from payment of federal income taxes,or a copy of the corporation's federal income tax return,as filed with the IRS,or a statement signed by an officer of the corporation declaring that the copy of the tax return is a true and correct copy as filed with the IRS-Page 3.. 1. Type of Beverage(s)to be served: IVBeer 0' Wine ine Distilled Spirits 2. Status of the Applicant: Public 0 Municipal 0 Political 0 Fine Arts 0 Fraternal 0 Religious 0 Charitable ❑ Retail Or Service Corporation Corporation Museum Corporation Corporation Corporation Licensee Corporation 3. Corporation,Organization or Licensee Name(if a licensee,give current 4. Address or location of premises to be covered by license,City, n ber below*) Zip Code&County �2r✓A�'1:2 C.VM-,).Q- ,r'Gt.rS Cc' itla i1-r--e 1 P.wc 5. Corporation,Organization,Licensee Business address j4 E4/t-t1 4 0 C! fr»&2u,4- p4,t.sc. 6" IA/VJ' S T 1e, S K t ("6" 6-2. s �2 -,✓ Do you hold a current 0 Yes License Number* 4a.Is this PREMISE currently license under the Nebraska Liquor Catering License? R! No • Control Act? 0 YES U NO 6. Name and Address of owner or lessee and name of principal occupant of the premises for which the license is requested. c424.4/-L-<. 0vvvv iw SAPI-rt exYbom ,-re-&[rtvc: I.24 lr h" w6 s r c4f0.4. t ,/t,D . VIPI 7. Name of Supervisor Responsible for the Organization,Corporation,Licensee. Supervisor must sign application. Telephone Number RO 6 I2 ww[Jc,;,ts G • 3cf4•-koa3 8. Date(s)of occasion(If a Sunday,attach local Sunday Sales Orainpre and hours of consumption.) 9. Time(s)of occasion. 2t4.k-�(, liJrc lZ; t'Rr -}-i.- S U•164.Y �iArz& !'�[ 117$ F/tt jt:O6 - [ o= vo 541- 11:00 - t o :uc PLEASE INDICATE AN ALTERNATE DATE IN THE EVENT OF BAD WEATHER FROM: Sti,I: rjoON—TO:7: 06 10. Description of the premises: 0 Inside Building R Outdoor Area If outdoor area,how will premises be separated from areas open to the general public? C'Fence ErTent CI Other(if other,please explain) Dimensions of area to be covered by license: A-PP4,,-f( x �U ,Please draw in the space provided below,the area where liquors will be sold and consumed. LENGTH WIDTH SC-t; MAP ,&r- bi f4 11. Describe the Type of Activity to be carried on during the time period for which the license is requested. T j -S` , 6 c- 0 WV* PA. I s A• F6 s rt v4 Off- d vrvt /4 4-s - /Yr Po 0 t s A .11 -7-.4-1(J vh&rJT ' S.FW I✓c-A-, N G- m AN H o'`' �wvillAiS Fool C[7miv+N �[' �(= CTA ..,TS f}n!D LOCAL. Wr�.t i Gi A-�S gm!. CONTINUE ON BACK .*.p,wrb an,.cywd PEW FORM 35-4121 REV 3/97 PAGE 1 NEBRASKA LIQUOR CONTROL COMMISSION APPLICATION FOR SPECIAL DESIGNATED LICENSE . UNDER NEBRASKA LIQUOR CONTROL ACT-PAGE 2 12. PLEASE ATTACH A SIGNED STATEMENT FROM LOCAL POLICE CHIEF OR COUNTY SHERIFF,WHICHEVER IS APPLICABLE, THAT ADEQUATE LOCAL LAW ENFORCEMENT IS AVAILABLE FOR THE EVENT. 13. Is the premises to be covered by the license located within the corporation limits? E YES ❑NO 14. Is the premises to be covered by the license within 150 feet of any church,school,hospital,or home for the aged or indigent persons or for veterans,their wives or children? 0 YES ®NO AJP::. \ C ' C . M 74. : " itaMQ . 7 “. M ♦ TERM. ' k4 S < f . " 7 . ' • eat• 15. Corporation/Organization Officers: NAME Over 21? Address PRESIDENT p_•© (2. 1419',4 (its;; EYES ONO I LP 13 MA.'4-K, sr- SECRETARY 5 I.4-&.Lvbv},4 P v S EYES ONO / 3 e; 1 S 0.. 3 t S TREASURER 1)CL I•lp/1 S P. L AYES ONO 12'1 (t .leVC T& 1 .ti Explain how alcoholic liquors will be purchased by the licensee. If purchased from a retail licensee,please give the name and license number. duo LA/ S ) L i r"S& 41- 267 ( '4 -. e Lis sr w 17. Will the premises to be covered by the license comply with all Nebraska sanitation laws? EYES ONO 18. Are there separate toilets for both men and women? EYES ONO 19. Will anyone be playing bingo on the premises to be covered by the license? DYES NO 20. Will there be any other games or gambling devices on the premises to be covered by the license? ®YES ONO If YES,list and d be. Al L-$�a�i�. sty►-r e L_oTi-e#4-y SPv�rSa f. ir11r LAR- Pfine-rtc-iPAT-1Jd Tv ILL1 neck S sTAre.I-41- -621 r4s dA. Cttee.rGo 21. Other information or requests by the applicant: °2- tnn 1,fd&0 iuy L)r•7 Y i,-+ TM s i-E a F 141 i e-AJ &S o rip- . 22. I declare that I am the authorized representative of tli<e above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including all records of every kind including police records. I agree to , rights or causes of action against the Nebraska Liquor Control Commission or any other individual releasing said information to • •t t r Control Commission. I further declare that the license applied for will not be used by any other person,group, organizati.: •r co .•ration fo p fit or not for profit. sign L p here 6 ,L /i/iQ Authorized Representative/Applicant Title Date sign here Supervisor Title Date The law requires that no special designated license provided for by this section shall be issued by the Commission without the approval of the local governing body. For the purposes of this section,the local governing body shall be the city or village within which the particular place for which the ipecial designated license is requested is located,or if such place is not within the corporate limits of a city or village,then the local governing body ;hall be the county within which the place for which the special designated license is requested is located. Cu Compliance with ADA,this form is available in other formats for persons with disabilities. y' 6.ten day advance period is requested in writing to produce the alternate format. FORM 35-4121 REV 3/97 PAGE 2 . ,- NEBRASKA UOUOR CONTROL COMMISSION Application for Special Designated License Under Nebraska Liquor Control Act HEREBY DECLARE THAT THE CORPORATION MAKING APPUCATION FOR A SPECIAL DESIGNATED UCENSE •JNDER THE NEBRASKA LIQUOR CONTROL ACT IS EITHER A MUNICIPAL CORPORATION. A FINE ARTS MUSEUM NCORPORATED AS A NONPROFIT CORPORTION, A RELIGIOUS NONPROFIT CORPORTION WHICH HAS BEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES, A POLMCAL ORGANIZATION WHICH HAS BEEN CEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES, OR ANY OTHER NONPROFIT CORPORATION, THE PURPOSE OF WHICH IS FRATERNAL CHARITABLE, OR PUBUC SERVICE AND WHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES. Greater Omaha Sports Carmittee, Inc. •• NAME OF CORPORAVON • e---- 1,tz_ ed--Roerie...e...e.,....e--.-- . 61GNPRWRE OF Tmgor CORPORATE O • THE ABOVE INDIVIDUAL STATES THAT THE STATEMENT ABOVE IS TRUE AND CORRECT:,IF ANY FALSE STATEMENT IS MADE ON This APPUCATION, THE APPUCANT SHALL BE DEEMED GUILTY OF PERJURY AND SUBJECT TO PEN- ALTIES PROVIDED BY LAW.(SEC. 53-142) NEBRASKA UOUOR CONTROL ACT. I SUBSCRIBED IN MY PRESENCE AND SWORN TO BEFORE ME THIS 47 _.• DAY OF , 19 asaBGRAL NINISTIO if MVO* a 1,1-.4-- IbConlia.Baloalt*SI NOTARY PUSNC Si WORE A sEAL • oM�.a.rresd.soree, LCC 354229 5192 page 3 05/08/98 12:13 TX/RX NO.4340 P.006 0 , C-25A CITY OF OMAHA LEGISLATIVE CHAMBER ,,._. ' Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ' f ' • • WHEREAS, Section 53-186 of the Nebraska Liquor Control Act-provides that . persons may not consume alcoholic liquors upon City property without the authorization of the local - governing body and Section 21-14 of the Omaha Municipal Code provides that no intoxicating liquor can be possessed or consumed on any public property area owned or operated by the City unless approved by Resolution of the City Council; and, • - WHEREAS, by Resolution No. 1287, adopted May 12,'1998, this City Council authorized possession and consumption of alcohol in an area covered by a Special Designated Liquor '' License issued to the Greater Omaha Sports-Committee, Inc., for June 12, 1998,. through June 14, 1998; and, WHEREAS,by Council Document 1286,adopted on May 12, 1998,this City Council approved issuance of a Special Designated Liquor License to Greater Omaha Sports Committee,Inc., for June 12, 1998, through June 14, 1998,on the public streets at the intersection of Farnam Street and Eighth Street; and, WHEREAS, the Greater Omaha Sports Committee, Inc., has indicated to this City • • Council that its previous request was in error and alcohol will not be sold, possessed,or consumed in the area previously authorized nor on the described public property on those dates. - -• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • . THAT, Resolution No. 1287, adopted May 12, 1998, authorizing consumption and possession of alcohol on certain described public property should be and hereby is rescinded in its entirety. BE IT FURTHER RESOLVED: THAT,Council document 1286,expressing the City Council's approval of the issuance of a Special Designated Liquor License to the Greater Omaha Sports Committee,Inc.,for June 12, 1998,through June 14, 1998,is hereby amended to approve such License at the location designated on the attached map as"Beer Area". •4_77.SAP AP• 0 r i AS .v FORM: 4. '`, �/ /eA aj_, ef •.- is ember ASSISTANT C ' . ORNEY DATE Adopted JUN - ' 1998 S ?.a. ).- - z 0 z‘ / • City Clerk Approved. Returning UstEg ed �X��� Mayor CD Po CD 5 t. y r CD (�D CAD CD CD = . t �4 '� nru . 5. O. gPO_ cp co Tp+ 0 ct n (� N a. oo �° 0 0 0 • Z `1 r t� o � r'rPdno ao N' � n 1 ov� No5c - ' z — i.< R. 0 t...) 1-' ° n' c0i G n a �'- 0 v,' 0 J �. o _ a.o �s. •`3 00 — • • i1 , i S ,-,i,„_„,„. 7_7,,,,. .,...„,,, f 1 • .6.