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02/22/2011 Resolutions 2011-46RESOLUTION 2011-46 WHEREAS, Rafa's Tacos is located at 811 West 2"d Street and has obtained a Class I Liquor License No. 64352 on September 16, 2004 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 commissions may, after a proper hearing, suspend, cancel, or revoke the license" and WHEREAS, the City of Grand Island Code 23-64 through 23-79 are lawful ordinances governing eating and drinking establishments; and WHEREAS, Rafa's Tacos is not in compliance with payment of occupation taxes pursuant to the above City Code; and WHEREAS: the owner, Rafael Orozco, has not demonstrated the type ofmanagement and control sufficient 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 Rafa's Tacos, 811 West 2"d Street liquor license to make application for a new license. Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Resolution #2011-46 was not approved at the February 22, 2011 City Council meeting. Approved as to Form A ,x February 22, 2011 a City Attorney