02/08/2011 Resolutions 2011-35RESOLUTION 2011-35
WHEREAS, El Diamante is located at 1600 South Eddy Street and has obtained a
Class I Liquor License No. 65760 on March 22, 2005 which will expire on Apri130, 2011; and
WHEREAS, the Nebraska Liquor Control Act 53-135. Retail licenses; automatic
renewal; conditions; licensed premises within annexed area; effect. States in part: "The
commission may at any time require a licensee to submit an application, and the commission shall at
any time require a licensee to submit an application if requested in writing to do so by the local
governing body"; and
WHEREAS, the Nebraska Liquor Act 53-117.08. License; suspend, cancel, or
revoke; hearing; conviction; court; duty. States in part: "If any licensee violates the regulations
adopted and promulgated by the commission or any lawful ordinance of the local governing body, the
commission may, after a proper hearing, suspend, cancel, or revoke the license" and
WHEREAS, the City of Grand Island Code 4-20 and 4-23 are lawful ordinances
governing licensed liquor establishments; and
WHEREAS, evidence was presented through police reports demonstrating El
Diamante's violations of the above City Code; and
WHEREAS, police records show the Grand Island Police Department has responded
to 92 calls for service at this location since March 27, 2005, where numerous incidents involve other
violations of State of Nebraska liquor laws; and
WHEREAS: the owner, Rafael Orozco, has not demonstrated the type ofmanagement
and control sufhicient to insure the licensed business conforms to the provisions of the license.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that a written request be sent to the Nebraska
Liquor Control Commission requiring the owner of El Diamante liquor license to make application for
a new license.
Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011.
Jay Vavricek, Mayor
Attest:
Resolution X2011-35 was postponed to the February 22, 2011
City Council meeting.
RaNae Edwards, City Clerk
Approved as to Form ^ ae
February 7, 2011 Q City Attorney