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RES 2016-1400 - Addition of outdoor area to The Beercade E-MAILED TO NLCC I 0- C'9 - oti�8rr�o�, 4.. a`'; 2a G S77 y , ' w ` STATE OF NEBRASKA • Pete Ricketts NEBRASKA LIQUOR CONTROL COMMISSION .1° Hobert B.Rupe - r., Governor Executive Director Hobert September 9, 2Q16 • 301 Centennial Mali South,5th Floor P.O.Box 95046 Lincoln,Nebraska 68509-5046 OMAHA CITY CLERK phone(402)471-2571 2) 374 1819 FARNAM STREET LC-1 Fax(40TRS71-2814 USER 00 833 7352(T1 OMAHA NE 68183 web address:http://www.icc.ne.gov/ Please present this request to your board or council and send us a copy of their recommendation. If recommendation of denial or no recommendation is made the Commission has no alternative but to cease processing this request. ADDITION: LICENSE #: C-096962 LICENSEE: ACR CORPORATION TRADE NAME: BEERCADE,THE / ST ANDREWS PUB ADDRESS: 6102-6104 MAPLE STREET CITY/COUNTY: OMAHA / DOUGLAS CONTACT PHONE: 402-202-8780 CONTACT PERSON: ALEX ROSKELLEY E-MAIL: ALEX@3AKESCIGARS.COM REQUEST: ADDITION OF AN OUTDOOR AREA APPROX 55'X 24'TO THE NORTH MAKING NEW DESCRIPTION READ: 6102 LOCATION IS KNOWN AS: ST ANDREWS PUB, ENTIRE ONE STORY BUILDING APPROX 66' X 24' INCLUDING OUTDOOR APPROX 24' X 55' TO THE NORTH AND FIRST FLOOR AND BASEMENT OF A TWO STORY BUILDING APPROX 130' X 26' EXCLUDING THE SECOND FLOOR APPROVED: )( DENIED NO RECOMMENDATION CLERKS SIGNATURE Adel /D � 4 • Randy Seybert Licensing Division C tr D . j �/00 n p k Al l'p Nebraska Liquor Control Commission 1 1 / rs cc: file Janice M.Wiebusch Robert Batt Bruce Batley Commissioner Chairman Commissioner An Equal Opportunity Employer APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use RECEIVED NEBRASKA LIQUOR CONTROL COMMISSION 3 CENTENNIAL CEN DIAL MALL SOUTH 30 B 9 S E P 07 2016 LINCOLN,NE 68509-5046 PHONE:(402)471 257I NEBRASKA LIQUOR FAX:(402)471 2814 Website: w''w.lec.neb"aska'gov CONTROL COMMISSION Application: • Must include processing fee of S45.00 check made payable to the Nebraska Liquor Control Commission or von may nay online at www.ne.¢ov/no/NL.CCnavnort • Must include a copy of the lease or deed showing ownership of area to be added. This is still required even if it's the same as on file with original application • Must include simple hand drawn sketch showing existing licensed area and area to be added, must include outside dimensions in feet(not square feet), show direction north. NO RI,ITF PRINTS • May include approval from the local governing body; no addition shall be approved unless endorsed by the local governing body • Check with your local governing body for any additional requirements that may be necessary in making this request for addition LIQUOR LICENSE# 0914 2-- CLASS TYPE LICENSEE NAME ALR GIMNOcoM DA TRADE NAME T P CCAA-e. PREMISE ADDRESS (0t Off.:" col 0(4 eJ ` .\ CITY DiwA)A6, ZIP CODE Al Dt-ki COUNTY \‘ ,[i A� CONTACT PERSON vS- bLJ��' PHONE NUMBER OF CONTACT PERSON 11021O EMAIL ADDRESS OF CONTACT PERSON •Ny 1111111111111111111111 1600017026 FORM 110 REV JULY 2015 ‘,f<= I� i th. ‘ / .2\ RECEIVED SEP 0 7 2016 NEBRASKA LIQUOR CONTROL COMMISSION &$‘ SWNW (oac-A-e4t- 1 I 5 1. What is being added? Explain the type of addition that is being requested,i.e.beer garden, adding to building w Dtibeh 96, C -04 2. Will this addition cause the location to be within 150 feet of a church.school.hospital.home far the aged or indigent persons or for veterans,their wives,and children;or within 300 feet of a college or university campus? ri YES [2( NO If yes,provide name and address of such institution and where it is located in relation to the premises (Neb.Rev.Stat.53-177)(1). Must include supplemental Form 134 found at this link: http://www.lcc.ne.aov/formsdiv.htmi_ If proposed location is within 300 feet of a campus,the Commission may waive this restriction upon written approval from the governing body of the college or university.(Rev.Stat.53-i77)(4 Must include supplemental Form 135 found at this link: http://www.lcc.ne.aov/formsdiv.html 3. Include a sketch of the area to be added showing: ✓ existing licensed area with length&width in feet RECEIVED ✓ area to be added with length &width-in feet ✓ direction north SEP 0 7 27iri 4. If adding an outdoor area explain: ✓ tune of fencing NEBRASKA LIQUOR ✓ height of fence CONTROL COMMISSION I length&width of outdoor area in feet 12.07 Outdoor area shall mean an outdoor area included im liren.eed nresnic .c_ which iv used far the.eervire and consumption of alcoholic liquors and which is contained by a permanent fence,wall or other barrier approved by the Commission and shall be in compliance with all building and fire,or other applicable local ordinance& Rule Chanter 2-012_07 I acknowledge under oath that the premises as added to comply in all respects with the requirements of the act. Neb Rev Stat 553-129 Si ice ee or Officer State of Mehra eka County of p u p\N S The foregoing instrument was acknowledged •-fore me this O(1 J b 7 d 9 0 >6 by _ ..C'_//"v- - : I 'o a /name o (individual(s)signing document) Affix Seal REBECCA HALE *Conn-F.>tp.October 29,2019 lLfOUAlt III CUL o Public signature FORM 110 REV JULY 2015 Page 2 of 2 RECEIVED SEP 0 7 2016 REAL ESTATE LEASE NEBRASKA LIQUOR CONTROL COMMISSION This Lease Agreement (this "Lease")is dated August 01, 2016,by and between Larkelley Holdings LLC ("Landlord"), and ACR Corp. DBA: St. Andrews Pub ("Tenant"). The parties agree as follows: PREMISES.Landlord,in consideration of the lease payments provided in this Lease,leases to Tenant A 1,536 square foot stand alone building as well as a 1,187 square foot deck in the Benson neighborhood of Omaha. It also includes 1,536 square feet of basement. (the "Premises") located at 6102 Maple Street,Omaha,NE 68104. LEGAL DESCRIPTION.The legal description for the premises is: Benson Replat 18 Lot 2 Block 0 Irreg TERM.The lease term will begin on August 1s`, 2016 and will terminate on July 31st, 2021. LEASE PAYMENTS.Tenant shall pay to Landlord monthly installments of$3,500.00,payable in advance on the first day of each month, for a total lease payment of$210,000. Lease payments shall be made to the Landlord at 6104 Maple St., Omaha,NE 68104, which address may be changed from time to time by the Landlord. POSSESSION.Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease,unless otherwise agreed by both parties in writing. At the expiration of the term,Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant,ordinary wear and tear excepted. PROPERTY INSURANCE.Landlord and Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Landlord shall be named as an additional insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE.Tenant shall maintain liability insurance on the Premises in a total aggregate sum of at least$1,000,000.00. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. RENEWAL TERMS.This Lease shall automatically renew for an additional period of five years per renewal term, unless either party gives written notice of termination no later than sixty days days prior to the end of the term or renewal term. The lease terms during any such renewal ,a> term shall be the same as those contained in this Lease except that the lease installment payments shall increase by an extra$500.00 per month for each subsuquent 5 year period. August 1st, 2021-July 31', 2026=$4,000 per month. August 1st, 2026-July 31st, 2031=$5,000 per month. ETC. RECEIVED MAINTENANCE. SEP 07 2016 Landlord's obligations for maintenance shall include: NEBRASKA LIQUOR -the roof, outside walls, and other structural parts of the building CONTROL COMMISSION Tenant's obligations for maintenance shall include: - the sewer,water pipes, and other matters related to plumbing -the electrical wiring -the air conditioning system -all other items of maintenance not specifically delegated to Landlord under this Lease. UTILITIES AND SERVICES.Tenant shall be responsible for all utilities and services incurred in connection with the Premises. TAXES.Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises. PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments. TERMINATION UPON SALE OF PREMISES.Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 60 days' written notice to Tenant that the Premises have been sold. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $50,000.00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $50,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned,this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. RECEIVED SEP 07 2016 NEBRASKA LIQUOR DEFAULTS.Tenant shall be in default of this Lease if Tenant fails to fulfii9Ml' COMMISSION obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice(to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses)suffered by Landlord by reason of Tenant's defaults. All sums of money'or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"),Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to 150 % of the normal payment rate set forth in the Renewal Terms paragraph. CUMULATIVE RIGHTS.The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Tenant shall be charged $35.00 for each check that is returned to Landlord for lack of sufficient funds. REMODELING OR STRUCTURAL IMPROVEMENTS.Tenant shall have the obligation to conduct any construction or remodeling(at Tenant's expense)that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense)that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term,Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld),Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees,tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES.To the extent permitted by law,Tenant agrees to indemnify,hold harmless, and defend Landlord from and against any and all losses, claims, liabilities,and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises,except Landlord's act or negligence_ DANGEROUS MATERIALS.Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company,unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. COMPLIANCE WITH REGULATIONS.Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. MECHANICS LIENS.Neither the Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors,subcontractors or suppliers of goods,labor,or services that such liens will not be valid, and (2)take whatever additional steps that are necessary in order to keep the premises free of all liens resulting from construction done by or for the Tenant. ARBITRATION. Any controversy or claim relating to this contract, including the construction or application of this contract,will be settled by binding arbitration under the rules of the American Arbitration Association, and any judgment granted by the arbitrator(s) may be enforced in any court of proper jurisdiction. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord,with respect to the Premises. ASSIGNABILITY/SUBLETTING.Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant (from the ownership existing at the inception of this lease), nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord,which shall not be unreasonably withheld. NOTICE.Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail,postage prepaid, addressed as follows: LANDLORD: Larkelley Holdings LLC 6104 Maple St. Omaha,NE 68104 r _ RECEIVED SEP 0 7 2016 TENANT: NEBRASKA LIQUOR ACR Corp. DBA: The Beercade CONTROL COMMISSION Such addresses may be changed from time to time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW.This Lease shall be construed in accordance with the laws of the State of Nebraska. ENTIRE AGREEMENT/AMENDMENT.This Lease Agreement contains the entire agreement of the parties and there are no other promises,conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable,but that by limiting such provision, it would become valid and enforceable,then such provision shall be deemed to be written, construed,and enforced as so limited. WAIVER.The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT.The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. LANDLORD: Larkelley Holdings LLC By: Date: August, 1st 2016 John L 'n, Member By: Date: August, 1st 2016 Alex ey Mem er . E TENANT: ACR Corp.DBA: St.Andrews Pub By: Date: August, 1st 2016 Alex R e , President By: "�~" Date: August, 1st 2016 John Larkin Treasurer PLANNING DEPARTMENT REPORT DATE: SEPTEMBER 15, 2016 DUE DATE: OCTOBER 6,2016 CITY COUNCIL HRG OCTOBER 18, 2016 LOCATION: 6102-6104 MAPLE STREET LEGAL DESCRIPTION: REQ ADDITION OF AN OUTDOOR AREA APPROX 55' X 24' TO THE NORTH AND TO ADD THE TRADE NAME/DBA"ST ANDREWS PUB"TO 6102 MAPLE STREET APPLICANT: ACR CORPORATION, DBA "THE BEERCADE/ST. ANDREWS PUB" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C"LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR THIS REQUEST DOES(X) DOES N,OT+ 0PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE Iv I A PERMITS OBTAINED Yg 5 IF OUTSIDE: OUTSIDE AREA IS 0 t FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 months) EXISTING ZONING: 4 X T, EXITING LAND USE: i�(O A ADJACENT LAND USE AND ZONING: NORTH: C..dp 4 M 6QGCK L A�l6' SOUTH: [�- A t L i M EAST: CoM M4-eGt L (� $ P WEST: M't�I� L O FFtC g ' V Y! PARKING STALLS PROVIDED: X EA-of p'I EXISTING USE DOES(� DOES NOT( )COMPLY WITH ZONING REGULATIONS I PLUMBING FIXTURES PROVIDED: WOMEN'S �-r o L- MEN'S ( 'S-re D .. ( ve /VAv DATE SUBJECT PROPERTY WAS POSTED: I 5 1 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:O 14 °4 DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: !� ' "'���� �7 y (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH SCHOOL OK— HOSPITAL b lA HOME FOR THE AGED,INDIGENT O VE ERANS O COLLEGE OR UNIVERSITY 741: atif '69/tff /0' 6 "IC (Authorized Signature) (Date) 4E_ RECEIVED SEP 07 2015 NEBRASKA LIQUOR CONTROL COMMISSION N N6 • bt s M City of Omaha \[ebrasAa A. o�oMAHA�,N�� 41 14011V -4 "f`" 1819 Farnam — Suite LC 1 . - ii��t. `« �W. � , - " Omaha, Nebraska 681 83-01 1 2 r Buster Brown (402) 444-5550 �4. ,y, City Clerk FAX (402) 444-5263 o �'k. 9TFD FEDO* October 4, 2016 ACR Corporation Application for an addition and to add the Dba"The Beercade" Trade name/DBA "St Andrews Pub"to your 6102-6104 Maple Street present Class "I" Liquor License location Omaha,NE 68106 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for October 18, 2016 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,Nebraska. City Council Liquor Rule No. 6 states, "Each applicant or his/her representative for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the Mandatory statement that must be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj A)c)-17 (-4 1° S e /° -7-7(, NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ACR CORPORATION DBA "THE BEERCADE" has applied for an ADDITION TO THEIR PRESENT CLASS "C" (On & Off Sale beer, wine and liquorl LIQUOR LICENSE LOCATION OF AN OUTDOOR AREA APPROX. 55' X 24' TO THE NORTH AND TO ADD THE TRADE NAME/DBA "ST ANDREWS PUB" located at 6102-6104 MAPLE STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, OCTOBER 18, 2016 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center at 1819 Farnam Street. Testimony will be received from interested parties at this meeting. You may submit written testimony to the City Clerk, 1819 Farnam Street, Omaha, NE 68183 prior to the hearing date. Buster Brown City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE. No. /760 ACR Corporation, dba "The Beercade", 6102- 6104 Maple Street, requests an addition to their present Class "C" Liquor License location of an outdoor area approx. 55' x 24' to the north and to add the trade name/DBA "St Andrews Pub". Property posted: 10-05-16; Notification sent: 10-07-16. 10-18-16;cj V RECEIVED Presented to Counci October 18, 2016 - proUed 7_ 2 Buster Brown City Clerk