RES 2020-0141 - DENY - Class B liq lic to Family Dollar - 3552 Leavenworth Street City Clerk Office Use Only:
RESOLUTION NO. ` '
�+ 2D-01 J� ' Publication Date January 28,2020
Agenda Date: February 4,2020
Department: City Clerk
Submitter: Carman Johnson
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF.OMAHA:
THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as
amended, after a hearing held within 45 days after receiving notice and a copy of the license •
application and upon due consideration of all standards and criteria provided by law,this
Council hereby recommends that the following application for a Class "B"License be DENIED,
due to (1)the issuance of the license is not and will not be required by the present or future public
convenience. In making these determinations the City Council of the City of Omaha considered
(1)the nature of the neighborhood of the proposed license premises; (2) citizen protests; (3)the nature
of the neighborhood or community of the location of the proposed license; (4)the existence of other
licenses in the area with similar privileges, including the high concentration of other liquor licenses
in the immediate vicinity and along the Leavenworth Avenue corridor, and whether the type of
business activity proposed to be operated in conjunction with the proposed license is and will be
consistent with the public interest.
•
Family Dollar Inc., dba "Family Dollar 22254", 3552 Leavenworth Street.
That, the cost of publication of notice of the hearing was $26.00.
•
Adopted: February 4, 2020 7-0
•
Attest:
City Clerk ,
Approved:
Mayor
B- 122032
RES 2DW-PIH
TYPE OF LICENSE: CLASS "B" LICENSE DO)_ L.
NAME &ADDRESS: FAMILY DOLLAR, INC.
DBA "FAMILY DOLLAR 22254"
3552 LEAVENWORTH STREET
RECEIVED: JANUARY 10, 2020
FRIDAY, FEBRUARY 24, 2020 jo
45TH DAY:
HEARING DATE: FEBRUARY 4, 2020-25TH DAY
AND/OR PERSONS CONTACTED: LONNIE W. MCCAFFETY
757-698-7539
CONTACT-VERONICA BRITTON
813-273-5072
POSTED: 01-21-2020
NOTIFIED: 61 "07 9- 02O c9 0
NEW APPLICATION,NEW LOCATION.
CITY OF OMAHA THE DAILY RECORD
PUBLIC HEARING NOTICE 7��,� ,�
NOTICE IS HEREBY GIVEN that the City OF OMAHA
Counal of the City of Omaha, Nebraska, will
hold public hearings on February 4,2020,at JASON W.HUFF,Publisher
Stre00 Pt, in asNebr Nebraska
181The purpose
PROOF OF PUBLICATION
arnam
Street,Omaha,Nebraska 68183.The purpose
of these hearings is to consider approval of:
Class"C"Liquor License for Superior Liquors, UNITED STATES OF AMERICA,
LLC, dba"Superior Liquors", located at 5936
"Q"Street. The State of Nebraska, ss.
Class"B"Liquor License for Family Dollar,Inc., District of Nebraska,
dba "Family Dollar 22254', located at 3552 County of Douglas,
Leavenworth Street City of Omaha,
Class"B"Liquor License for Family Dollar,Inc.,
dba "Family Dollar 26879', located at 1500 J.BOYD
North 24th Street
Anyone interested in these matters or desir- being duly sworn,deposes and says that she is
ing to give evidence in support of or in protest
against the issuance of such license should be LEGAL EDITOR
in attendance at this meeting.
Elizabeth Butler,CMC of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
City Clerk published daily in the English language, having a bona fide paid
City of Omaha circulation in Douglas County in excess of 300 copies, printed in
1-28-20 Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaba,on
January 28, 2020
That said Newspaper during that time was regularly ' ed and
• nierLNt — --�tY of Douglas, S ebraska.
- GENERAL -Staeof Nemesia
ELLEN FREEMAN
- - My Comm.Exp.December 11,2021 subwribedin m n sworn to before
26.00 22
Publisher's Fee $ me this day of
J. 20
Additional Copies $ 0 20
Total $26.00 '9►ire r
Public in and for Douglas County,
State of Nebraska
•
(Please publish in the Daily Record on January 27, 2020)
Please charge to General Order NO. 2447 H
CITY OF OMAHA
PUBLIC HEARING NOTICE •
•
NOTICE IS HEREBY GIVEN that the City Council of the City of Omaha, Nebraska, will hold a
public hearing on February 4, 2020, at 2:00 PM in Legislative Chambers, 1819 Farnam Street,
Omaha, Nebraska 68183. The purpose of this hearing is to consider approval of a Class "B"
License for Family Dollar, Inc., dba"Family Dollar 22254", located at 3552 Leavenworth Street.
Anyone interested in this matter or desiring to give evidence in support of or in protest against
the issuance of such license should be in attendance at this meeting.
g
Elizabeth Butler, CMC •
City Clerk
City of Omaha
FEBRUARY 4, 2020—RES #2021)
N41 MOTION BYi
ipaA
TO OF
SECONDED BY
APPROVED
ANI s: ►l Ain. „\
g duly sworn,deposes and says that she is
ing to give evidence in support of or in protest
against the issuance of such license should be LEGAL EDITOR
in attendance at this meeting.
Elizabeth Butler,CMC of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
City Clerk published daily in the English language, having a bona fide paid
City of Omaha circulation in Douglas County in excess of 300 copies, printed in
1-28-20 Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaba,on
January 28, 2020
That said Newspaper during that time was regularly ' ed and
• nierLNt — --�tY of Douglas, S ebraska.
- GENERAL -Staeof Nemesia
ELLEN FREEMAN
- - My Comm.Exp.December 11,2021 subwribedin m n sworn to before
26.00 22
Publisher's Fee $ me this day of
J. 20
Additional Copies $ 0 20
Total $26.00 '9►ire r
Public in and for Douglas County,
State of Nebraska
CITY OF OMAHA APC 26S 7 9—C/
STATEMENT OF BUSINESS ACTIVITY
For .
RETAIL LIQUOR LICENSE APPLICANTS
In accordance with Omaha City Municipal Code, Section ,§15-22, a statement of business
activity must be submitted to the Omaha City Council by all applicants for retail liquor licenses.
This written statement shall describe all types of business or activity that will be operated on the
premises in conjunction with the proposed license:A failure to include a business or activity will
be considered by the City Council as the applicant's representation that the omitted business or
activity will not occur on the licensed premises without City Council approval. Failure to operate
consistent with this statement may be grounds for cancellation, revocation, suspension, or non-
renewal of the license (OMC §15-42).
DESCRIBE ALL BUSINESS OR OTHER ACTIVITIES THAT WILL OCCUR ON THE
LICENSED PREMISES.
€-+-a,i I I1 eA til er. eIy nd i se 10 ui I v d
Beer 4 Win . vff- pre-el/Cisco. . Sells 0111(1 .
•
•
•
I have read and understand the Good Neighbor Ordinance (Omaha Municipal Code
Section §18-90 to§18-92.)
•
Family Dollar Stores of Ometi . LLC # 2L5i-
Corporation and/or Trade Narne/DBA (Please Print)
Cyndee Corey
�. store Lic.Coordinator
None & i le of Applicant or Authorized Representative
ion in Douglas County in excess of 300 copies, printed in
1-28-20 Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaba,on
January 28, 2020
That said Newspaper during that time was regularly ' ed and
• nierLNt — --�tY of Douglas, S ebraska.
- GENERAL -Staeof Nemesia
ELLEN FREEMAN
- - My Comm.Exp.December 11,2021 subwribedin m n sworn to before
26.00 22
Publisher's Fee $ me this day of
J. 20
Additional Copies $ 0 20
Total $26.00 '9►ire r
Public in and for Douglas County,
State of Nebraska
- I
E-MAILED TO NLCC: .2"/3
/3 -2-f/LC/
bh
RECOMMENDATION OF THE NEBRASKA LIQUOR CONTROL COMMISSION
Date Mailed from Commission Office: January 10, 2020
I, Elizabeth Butler Clerk of The City of Omaha,A Municipal Corporation
(City,Village or County)
Nebraska,hereby report to the Nebraska Liquor Control Commission in accordance with Revised Statutes of Nebraska,
Chapter 53, Sec 134(7)the recommendation of said city, village or county,as the case may be relative to the application for
a license under the provisions of the Nebraska Liquor Control Act as applied for by:
Family Dollar Inc dba Family Dollar 22254
3552 Leavenworth St, Omaha/Douglas County,68949 68105
Application for Class B - 122032
45 days—2/24/2020
1. Notice of local hearing was published in a legal newspaper in or of general circulation in city,village or county,
one time not less than 7 nor more than 14 days before time of hearing.
Check one Yes X No
The Statutes require that such hearing shall be held not more than 45 days after the date of receipt of this notice
from the Commission.
2. Local hearing was held not more than 45 days after receipt of notice from the Nebraska Liquor Control Commission.
Check one Yes X No
3. Date of hearing of Governing Body: February 4,2020
4. Type or write the Motion as voted upon by the Governing Body. If additional Motions are made by the Governing
Body,then use an additional page and follow same format.
MOTION TO DENY
5. Motion was made by: Pete Festersen Seconded by: Ben G. Gray
6. Roll Call Vote: 5-2 Nays: Harding&Melton
7. Check one: The motion passed: X The motion failed:
8. If the motion is for recommendation of denial of the applicant,then list the reasons of the governing body upon
which the motion was made.
SEE ATTACHED
(Attach additional page if necessary)
SIGN HERE GiC DATE Z-/3---Zoz
Clerk signature
0 20
Total $26.00 '9►ire r
Public in and for Douglas County,
State of Nebraska
The City Council of the City of Omaha recommends denial of
the license and has determined that (1) the issuance of the
license is not and will not be required by the present or future
public convenience. In making these determinations the City
Council of the City of Omaha considered (1) the nature of the
neighborhood of the proposed license premises; (2) citizen
protests; (3) the nature of the neighborhood or community of
the location of the proposed license; (4) the existence of other
licenses in the area with similar privileges, including the high
concentration of other liquor licenses in the immediate vicinity
and along the Leavenworth Avenue corridor, and whether the
type of business activity proposed to be operated in
conjunction with the proposed license is and will be consistent
with the public interest.
one time not less than 7 nor more than 14 days before time of hearing.
Check one Yes X No
The Statutes require that such hearing shall be held not more than 45 days after the date of receipt of this notice
from the Commission.
2. Local hearing was held not more than 45 days after receipt of notice from the Nebraska Liquor Control Commission.
Check one Yes X No
3. Date of hearing of Governing Body: February 4,2020
4. Type or write the Motion as voted upon by the Governing Body. If additional Motions are made by the Governing
Body,then use an additional page and follow same format.
MOTION TO DENY
5. Motion was made by: Pete Festersen Seconded by: Ben G. Gray
6. Roll Call Vote: 5-2 Nays: Harding&Melton
7. Check one: The motion passed: X The motion failed:
8. If the motion is for recommendation of denial of the applicant,then list the reasons of the governing body upon
which the motion was made.
SEE ATTACHED
(Attach additional page if necessary)
SIGN HERE GiC DATE Z-/3---Zoz
Clerk signature
0 20
Total $26.00 '9►ire r
Public in and for Douglas County,
State of Nebraska