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2017-25RESOLUTION 2017 - 25 COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Neb. Rev. Stat. §53-124.11 allows local governing bodies to approve or deny special designated for consumption of alcoholic liquors; and WHEREAS, state law provides the local government body to establish criteria for approving or denying a special designated license, and for designating an agent to determine wither a special designated license shall be approved or denied; and WHEREAS, the determination of such agent shall be considered the determination of the local governing body unless otherwise provided by the local governing body; and WHEREAS, it is recommended that the City Clerk or their designee shall be designated as the agent on behalf of the City of Blair to approve or deny special designated liquor license applications in accordance with established criteria; and WHEREAS, it is further. recommended that the guidelines as outlined in Exhibit "A" attached hereto and incorporated herein by reference be adopted as the basis for approving or denying such special designated liquor license applications; and WHEREAS, special designated liquor licenses determined to be denied in accordance with such guidelines may be heard before the City Council if the applicant chooses to do so. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GOVERNING BODY OF THE CITY OF BLAIR, NEBRASKA, that: 1. The City Clerk, or their designee, is hereby designated as the agent of the City of Blair to determine whether a special designated liquor license is to be approved or denied in accordance with established criteria. 2. The criteria for approving or denying a special designated liquor license attached hereto as Exhibit "A" is hereby approved and adopted. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, HANSEN, JENSEN, HALL AND WOLFF VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF MAY, 2017. CITY OF BLAIR, NEBRASKA JATkd REALPH, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23rd day of May, 2017. BRENDA WHEELER, CITY CLERK rjffffllylllff� CITY OF BLAIR GUIDELINES FOR SPECIAL DESIGNATED LIQUOR LICENSES The following guidelines will be applied by the City Clerk in reviewing applications for special designated liquor licenses for the consumption of alcoholic liquors. An application for a special designated liquor license will be approved by the City Clerk only when: Review and recommendation by the City of Blair Police Chief or his designee of the Nebraska Liquor Control Commission Special Designated License Application to ensure adequate levels of security for general safety and the enforcement of all liquor laws. 2. Adequate restroom facilities are available or will be provided. 3. The granting of such a permit will not create traffic congestion or hazards, and will not violate any of the provisions of the Blair Municipal Code. 4. The application otherwise complies with the requirements of Nebraska Revised Statute §53-134. 5. The application for special designated liquor license is submitted for review at least twenty-one (21) days prior to the event date. 6. The application is approved by the local building and fire departments. An application for a special designated liquor license will be denied by the City Clerk when: 1. The application is made by a licensee to authorize the consumption of alcoholic liquors on other property owned or leased by the licensee, which property is not adjacent to the licensee's existing licensed premises, unless the property has previously been issued a special designated liquor license in the past. 2. The building department or fire department notifies the City Clerk that the issuance of such special designated liquor license will result in the violation of any applicable fire code, building code or other applicable ordinance or regulation. 3. The application is made by a corporation, association, or organization whose membership consists of individuals the majority of whom are under the legal drinking age where the use of such special designated liquor license is for a social event for such corporation, association or organization. 4. The area included within a special designated permit is outside of any fully enclosed structure and/or requires a street closing, except when the application is made in conjunction with a festival or other similar sponsored or supported Community event. 5. The application requests authorization to sell or consume alcoholic liquors beyond the hours for sale at retail and dispensing authorized in Chapter 10, Article 1 of the Blair Municipal Code. These guidelines shall be applied to all applications for special designated liquor licenses for the consumption of alcoholic liquors. Any applicant denied a special designated liquor license based upon the above guidelines may request that such application be heard by the City Council.