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RES 1997-1241 - Appeal NLCC granting class D liq lic to Goodies (not adopted) OMAHA,NF r E lC t_ + �jf E 1.1 A��> Law Department ���lf>~",��� Omaha/Douglas Civic Center r� 97 A 1819 Farnam Street,Suite 804 C} t! a : 24 Omaha,Nebraska 68183-0804 (402)444-5115 OR47'Fo FEB1°3 CITY C C R Telefax(402)444-5125 City of Omaha . �d f Herbert M.Fide Hal Daub,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted by the Law Department in accordance with City Council Liquor Rule 12. The Resolution directs the City Attorney to appeal the decision of the Nebraska Liquor Control Commission granting a retail Class "D" liquor license to Ginn Oil Co., d/b/a "Goodies", 3009 Parker Street, contrary to the recommendation of the City Council. City Council Rule 12 requires that a resolution authorizing an appeal is to be submitted to the City Council when a liquor license is granted contrary to the City Council's recommendation and the City Attorney finds a basis for appeal exists. By separate memorandum you have been advised that I believe grounds exist to appeal this decision. The appeal would be heard by the District Court of Lancaster County upon the record created at the Liquor Control Commission hearing. Additional testimony and evidence will not be received. The appropriate Notice has been filed to preserve the City's right to appeal. However, the Petition must be filed no later than May 8, 1997. P!)\'/ Respec ly submitted, 2074iG-o Thomas O. Mumg d Assistant City Attorney P:\LAW\6076.SKZ 025A CITY OF OMAHA LEGISLATIVE'CHAMBER Omaha,Nebr 19 :r RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS,Ginn Oil Co.,d/b/a"Goodies",at 3009 Parker Street, Omaha,Nebraska, has submitted an application for a retail Class "D" liquor license; and, - WHEREAS, on February 11, 1997, this City Council adopted a resolution recommending that the Nebraska Liquor Control Commission deny the license based upon its location being within 150 feet of a school contrary to state law and having an adverse impact on the surrounding neighborhood; and, WHEREAS,on April 8, 1997,the Nebraska Liquor Control Commission rejected this City Council's recommendation and granted the license; and, WHEREAS, in accordance with City Council Liquor Rule 12, the Omaha City Attorney's office has advised this Council that grounds exist for appealing the Liquor Control Commission's decision; and, WHEREAS,this City Council continues to believe issuance of the liquor license is contrary to state law and will have an adverse impact on the surrounding neighborhood and finds that review by the District Court of Lancaster County should be sought. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the City Attorney is hereby authorized and directed to appeal the order of the Nebraska Liquor Control Commission granting a retail Class'D"liquor license to Ginn Oil Co.,dlb/a "Goodies", at 3009 Parker Street,contrary to the recommendation of this City Council. APPRO 1S TO FORM: ASSISTANT CITY ORNE - DATE P:\LAW\6077.SKZ ByL V Councilmember J��� - zd, /�z MAY 2 1997 .c%=- f //c J /547 City Clerk • Approved Mayor • ii ki-- ... . . nj 5 A n t. ......„... 3 • • � °; v � ° a = Cp CD d grg, o' ) n wo awe ti �`r � `moo° ° w ' \ ' I %.047 0. .0 rn 0 Pct. wa., %.\\N \ . ...44• t - U-4 q . z>� n \ k l