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
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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
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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
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