The URL can be used to link to this page

02-07-2006 City Council Study Session PacketCity of Grand Island Tuesday, February 07, 2006 Study Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Invocation - Pastor Rob Inge, Harvest Time Baptist Church, 1125 North Beal Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item -1 Proclamation "Random Acts of Kindness Week" February 5-11, 2006 Random Acts of Kindness Program was created as a counterbalance to random acts of violence and has a goal of revising the tide of anger and violence in our society by increasing self esteem. The local efforts are known as the Acts of Kindness Ladies with over 60 individuals currently active. The Mayor has proclaimed February 5-11, 2006 as "Random Acts of Kindness Week". Mrs. Dick DeMay will be present to receive the proclamation. See attached PROCLAMATION. Tuesday, February 07, 2006 Study Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, the Random Acts of Kindness program was created as a counterbalance to random acts of violence; and WHEREAS, Random Acts of Kindness are those considerate things that are done for no reason; and WHEREAS, the goal is to reverse the tide of anger and violence in our society by increasing self-esteem and deepening our connection through the practice of simple, day-to-day kindness to our fellow humankind; and WHEREAS, over 300 towns, 400 churches, 100 libraries, 100 national service organizations and 75 youth organizations have begun programs of Random Acts; and WHEREAS, Random Acts of Kindness Week is celebrated by millions of people across the United States and in parts of Canada, Scotland, England, and Australia; and WHEREAS, the Random Acts of Kindness program began in Grand Island in August 1997 with 60 individuals currently active; and WHEREAS, the local efforts are known as the ACTS OF KINDNESS LADIES. NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, do hereby proclaim the week of February 5 – 11, 2006 as “Random Acts of Kindness Week” in the City of Grand Island and urge all citizens to take due note of the observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this seventh day of February in the year of our Lord Two Thousand and Six. _____________________________________________ Mayor of Grand Island, Nebraska Attest: _____________________________________________ RaNae Edwards, City Clerk Item -2 Central Nebraska Liquor Summit Tuesday, February 07, 2006 Study Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council “CENTRAL NEBRASKA LIQUOR SUMMIT”February 7, 2006 AGENDAzWelcomezOverview of Liquor License ProcesseszPolice Background CheckszState Patrol CheckszLiquor Control Commission ProcesszFacts & Other Interesting InformationzQuestions & AnswerszAdjournment City of Grand IslandNew Application ProcessAPPLICANTApplicant obtains and initiates theprocess with the Liquor ControlCommissionThe Liquor Control Commissionsends the application to the LocalClerk CertifiedThe Clerk routs the application fordepartments approvalRouted applications are returnedto the Clerk with approvedinspections for CouncilLocal Council can make one of fourrecommendations to the LiquorControl CommissionApprove the ApplicationNo Local Without StipulationsNo Local With StipulationsDeny the ApplicationLOCALCLERKLiquor ControlCommissionLOCALCLERKLocal level has 45 days to conduct ahearingApplications must be publicized notless than 7 days and not more than14 days prior to the hearingTime allows citizens the abilityto file a protest at the local levelApprove ApplicationNo Local W/outStipulationsDeny ApplicationNo Local WithStipulationsLiquor ControlCommissionA Public Hearing and Motion isrequired by the City CouncilFire Dept.InspectionHealth Dept.InspectionBuilding Dept.InspectionPolice Dept.BackgroundCheckCity Council Issuance of the Permitby the Liquor ControlCommissionLiquor Control CommissionNew Application ProcessHearingLOCALCLERKLiquor ControlCommissionApprove ApplicationThe application willbe held for 10 daysand then issuedNo Local W/outStipulationsThe application willbe held for 45 daysand then issuedNo Local WithStipulationsReview stipulationsand determine ahearingadministrativelyDeny ApplicationApplicant willreceive a mandatoryhearingApprovedDenyThe Permit will be affective upon-Payment of license fee-Physical possession of the license-License valid on effective dateLocalReviewState FireMarshalReviewHealthReviewState PatrolReviewTime allows citizens the ability to filea protest at the local levelThree protest letters will require ahearing City of Grand IslandChange of Location, Reconstruction, Additions, DeletionsAPPLICANTLiquor ControlCommissionLOCALCLERKFire Dept.InspectionHealth Dept.InspectionBuilding Dept.InspectionPolice Dept.BackgroundCheckLOCALCLERKCity CouncilApplicant obtains and initiates theprocess with the Liquor ControlCommissionThe Liquor Control Commissionsends the application to the LocalClerk CertifiedThe Clerk routs the application fordepartments approvalRouted applications are returnedto the Clerk with approvedinspections for CouncilLocal Council can make one of fourrecommendations to the LiquorControl CommissionApprove the ApplicationNo Local Without StipulationsNo Local With StipulationsDeny the ApplicationTime allows citizens the abilityto file a protest at the local levelApprove ApplicationNo Local W/outStipulationsDeny ApplicationNo Local WithStipulationsLiquor ControlCommissionA Public Hearing is optionalA Motion is required by the CityCouncilApplication is received with sketch andproof of ownership1 of 2 LocalReviewState FireMarshalReviewHealthReviewState PatrolReviewIssuance of thePermit by theLiquor ControlCommissionThe Permit will be affective upon-Payment of the $45 fee to the local clerkLiquor ControlCommissionLiquor Control CommissionChange of Location, Reconstruction, Additions, DeletionsLiquor Control Commission looks forany objections from the Local GoverningbodyDenyApprovedLOCALCLERKApprove ApplicationNo Local W/outStipulationsNo Local WithStipulationsDeny ApplicationThe State Patrol, HealthDepartment, and StateFire Marshal have 30days to file a reportLocal denial or a no localrecommendation will require theLiquor Control Commission to ceasesthe processing of the applicationFormal hearings are not required2 of 2 City of Grand IslandRenewal Long FormAPPLICANTLiquor ControlCommissionLOCALCLERKFire Dept.InspectionHealth Dept.InspectionBuilding Dept.InspectionPolice Dept.BackgroundCheckLOCALCLERKCity CouncilApplicant obtains and initiates theprocess with the Liquor ControlCommissionThe Liquor Control Commissionsends the application to the LocalClerk CertifiedThe Clerk routs the application fordepartments approvalRouted applications are returnedto the Clerk with approvedinspections for CouncilTime allows citizens the abilityto file a protest at the local levelApprove ApplicationNo Local W/outStipulationsDeny ApplicationNo Local WithStipulationsLiquor ControlCommissionA Public Hearing and Motion isrequired by the City Council1 of 2 LocalReviewState FireMarshalReviewHealthReviewState PatrolReviewIssuance of the Permitby the Liquor ControlCommissionLiquor ControlCommissionLiquor Control CommissionRenewal Long FormIf denied an applicant canrequest a rehearing by theLiquor Commission or appeal tothe District CourtApplication must be approved byfour entitiesA hearing will be set if an entity doesnot approve of the applicationHearingDenyApprovedLOCALCLERKTime allows citizens the ability to filea protest at the local levelThree protest letters will require ahearingApprove ApplicationThe application willbe held for 10 daysand then issuedNo Local W/outStipulationsThe application willbe held for 45 daysand then issuedNo Local WithStipulationsReview stipulationsand determine ahearingadministrativelyDeny ApplicationApplicant willreceive a mandatoryhearing2 of 2The Permit will be affective upon-Payment of license fee-Physical possession of the license-License valid on effective date APPLICANTLiquor ControlCommissionLOCALCLERKLOCALCLERKThe Clerk issues notification ofrenewals and form to applicantsThe Liquor Control Commissionissues renewals in AugustLicenses expire October 31Liquor ControlCommission1 of 1City of Grand Island/Liquor Control CommissionRenewals/Short FormDenyApprovedApplicant sends renewal form to theLiquor Control Commission-Physical possession-Effective dateThe Permit will be affective upon City of Grand Island/Liquor Control CommissionSpecial Designated License (SDL)APPLICANTLOCALCLERKLOCALCLERKApplicant obtains and initiates theprocess with the Local ClerkThe Clerk routs the application fordepartments approvalRouted applications arereturned to the Clerkwith recommendationsLiquor ControlCommissionFire Dept.InspectionHealth Dept.InspectionBuilding Dept.InspectionDenyApprovedLOCALCLERKIssuance of the Permitby the Liquor ControlCommissionThe Permit will be affective upon-Payment of a $60 fee-Physical possession of the license-License valid on effecive dateAn applicant must obtain anSDL through a local LiquorLicense DealerorAn applicant must have aCatering LicenseAn application must have afavorable police report issuedrelating to the type and level ofsecurity to be provided toinsure that the liquor laws, andin particular the liquor lawsrelating to the sale to andconsumption by minors, will becomplied.The application for a SpecialDesignated Liquor license issubmitted for review at leasttwenty one days prior to theevent dateDepartments notify clerk ofany violations of codes,ordinances, or regulations1 of 1 CITY OF GRAND ISLANDLIQUOR APPLICATION CHECKLIST___ Retail: Individual **z____ Applicant is Nebraska Resident.z____ Applicant is of good character and reputation in the community in which he or she resides. z____ Applicants is citizen of the United States.z____ Applicant has no Felony or Class I Misdemeanor convictions or guilty pleas.z____ Applicants has had no prior liquor licenses issued underthe Nebraska Liquor Control Act revoked.z____ Applicant’s spouse must qualify the same as applicant.z____ Applicant owns premise or has a lease of premise for the full period for which the license is issued. z____ Premise meets State Fire Marshal codes.z____ Applicant is not a law enforcement officer.z____ Applicant is at least 21 years of age. CITY OF GRAND ISLANDLIQUOR APPLICATION CHECKLIST___ Retail: Partnership **z____ One partner must be a resident of Nebraska.z____ All partners and spouses must be citizens of the United States.z____ All partners must be of good character and reputation in the community.z____ All partners must not have been convicted or plead guilty to a Felony or Class I Misdemeanor. z____ All partners must not have had a liquor license issued under the Nebraska Liquor Control Act revoked. CITY OF GRAND ISLANDLIQUOR APPLICATION CHECKLIST___ Retail: Limited Liability Company **z____ One of the members must be a resident of Nebraska.z____ All members of such company must qualify to above individual restrictions.___ Retail: Corporation **z____ Any officer, manager, or director of the corporation or any stockholder owning more than 25% of the stock must qualify toabove individual restrictions.z____ The manager and spouse of the corporation must be a resident of Nebraska and qualify to above individual restrictions.z____ Corporation must be registered with the Secretary of State.z____ Corporation owned by a corporation, the owning corporation must register with the Secretary of State. CITY OF GRAND ISLANDLIQUOR APPLICATION CHECKLIST___ Manufacturer, Wholesaler, Railroad, Airline, Boat, Nonbeveragez____ Application filed in duplicate.z____ Beer Wholesaler must file sales territory of their brands.z____ Must file a bond.z____ Must pay registration fee and license fee.z____ No Manufacturer or Wholesaler may have interest as owner, part owner, lessee, or lessor in any retail establishment.**All Retail Licenses:z____ Premise is not within 150’ from any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children.z____Premise is not within 300’ from any college campus. DefinitionszSUSPEND:Temporary interruption of all rights and privileges of a licensezCANCEL:Discontinue all rights and privileges of a licensezREVOKE:Permanently void and recall all rights and privileges of a licensezSDL:Special Designated Liquor License CLASS OF LIQUOR LICENSE“A” Beer, On Sale Only“B” Beer, Off Sale Only“C” Beer, Wine & Distilled Spirits, On & Off Sale“D” Beer, Wine & Distilled Spirits, Off Sale Only“I” Beer, Wine & Distilled Spirits, On Sale Only“L” Craft Brewery (Brew Pub)“O” Boat“V” Manufacturer, Beer, Wine & Distilled Spirits“W” Wholesale Beer“X” Wholesale Liquor“Y” Farm Winery POLICE BACKGROUND CHECKSPolice Chief Steve LamkenPolice Captain Robert Falldorf GIPD Enforcement ActivitieszBar CheckszCompliance CheckszTavern ViolationszLicense Application Investigations STATE PATROL CHECKSState Patrol Investigator Lori RogersState Patrol Sgt. Martin Costello LIQUOR CONTROL COMMISSION PROCESSExecutive Director Hobert Rupe301 Centennial Mall SouthPO Box 95046Lincoln, NE 65046(402) 471-2574h.rupe@lcc.ne.gov FACTS AND OTHER INFORMATIONzAll Class “C” Licenses expire October 31stof each yearzAll Non-Class “C” Licenses expire April 30thof each yearzCurrently 5,203 Licenses StatewidezCurrently 52 Class “C” Licenses - Grand IslandzCurrently 64 Non-Class “C” Licenses - Grand IslandzLocal Approval by Resolution (53-134)zState Hearing Required – 3 Resident Complaints for New License or During Renewal Period (53-133)zLocal Hearing Required – 5 Resident Complaints for Violations (53-132.04)zNew Rules & Regulation Books Issued in the Near Futurezwww.lcc.ne.govzwww.grand-island.com “CENTRAL NEBRASKA LIQUOR SUMMIT”QUESTIONS?? PROPOSED Approved as to Form ¤ ___________ February 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-___ WHEREAS, an application was filed by ____, doing business as ____ at ______ for a Class "__" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on ____________, 2006; such publication cost being $_____; and WHEREAS, a public hearing was held on _____, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ? The City of Grand Island hereby recommends approval of the above-identified liquor license application. ? The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ? The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: __________ __________________________________________________________ ? The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: _________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, _____________, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk