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City of Seward, NE Tuesday, March 1, 2016 Regular Session Item G4 PUBLIC HEARING - 7:00 P.M. - LIQUOR LICENSE APPLICATION - FASTMART, INC dba FAST MART, 215 N 6TH ST - Bruce Smith Consideration of a Resolution approving the Class D Liquor License application of Fast Mart, Inc. Consideration of Richard Gokie as Manager of Class D Liquor License for Fast Mart, Inc Administrative Report: The property of 215 N 6th Street is located within 150’ of a church (Mighty Fortress Evangelical Lutheran Church - 252 N 6th St). See attached reference to Nebraska State Statute 53-177. The commission has granted a liquor license to Fastmart for the prior two plus consecutive years. Following the public hearing, review and discussion, a motion to recommend approval of the application and a separate motion adopting the resolution for manager would be in order. Staff Contact: Seward Regular Session - 3/1/2016 Page 1 / 12

City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

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Page 1: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

City of Seward, NETuesday, March 1, 2016

Regular Session

Item G4

PUBLIC HEARING - 7:00 P.M. - LIQUOR LICENSE APPLICATION - FASTMART, INC dba FAST MART, 215 N 6TH ST - Bruce SmithConsideration of a Resolution approving the Class D Liquor License application of Fast Mart, Inc.

Consideration of Richard Gokie as Manager of Class D Liquor License for Fast Mart, Inc

Administrative Report: The property of 215 N 6th Street is located within 150’ of a church (Mighty Fortress Evangelical Lutheran Church - 252 N 6th St). See attached reference to Nebraska State Statute 53-177. The commission has granted a liquor license to Fastmart for the prior two plus consecutive years.

Following the public hearing, review and discussion, a motion to recommend approval of the application and a separate motion adopting the resolution for manager would be in order.

Staff Contact:

Seward Regular Session - 3/1/2016 Page 1 / 12

Page 2: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

NOTICE OF APPLICATION

FOR A RETAIL CLASS D

LIQUOR LICENSE

Notice is hereby given that Fastmart, Inc. dba Fast Mart, D-116287, has

made application for a Retail Class D Liquor License at 215 N 6th Street,

Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of

the Nebraska Liquor Control Act. Written protest to the issuance of said

license may be filed by any resident of the City of Seward, Nebraska, on or

before 7:00 p.m. on Tuesday, March 1, 2016, at which time a public hearing

will be held by the City Council at 142 North 7th Street, Seward, NE, upon

said application and will receive evidence, either orally, or by affidavit,

from any person bearing upon the propriety of the business of such license.

Bonnie Otte

Assistant Administrator/

Clerk-Treasurer/

Budget & Human Resource Director

City of Seward, Nebraska

Please publish one time

February 17, 2016

One Proof of Publication

Seward Regular Session - 3/1/2016 Page 2 / 12

Page 3: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Seward Regular Session - 3/1/2016 Page 3 / 12

Page 4: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Seward Regular Session - 3/1/2016 Page 4 / 12

Page 5: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Seward Regular Session - 3/1/2016 Page 5 / 12

Page 6: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Seward Regular Session - 3/1/2016 Page 6 / 12

Page 7: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Seward Regular Session - 3/1/2016 Page 7 / 12

Page 8: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

City of Seward, Police Department Chief of Police

Alan D. Baldwin 148 South First Street

Seward Nebraska 68434

Phone and TDD 402-643-2579 Fax 402-643-6785

February 19, 2016

Liquor license manager’s application

Richard Gokie

Catherine Gokie

215 N. 6th

Fast Mart Inc.

Seward, NE

There were no pertinent negative local contacts

Recommendation is to issue license

Chief Alan D. Baldwin

Chief Alan D. Baldwin

Seward Regular Session - 3/1/2016 Page 8 / 12

Page 9: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

215

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ST

7TH

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8TH ST5T

H ST

MAIN ST

SEWARD ST

ROBERTS ST

BRADFORD ST

JACKSON AVE

I 0 180 36090 Feet 215 N 6th St. and 300' radius circles

Seward Regular Session - 3/1/2016 Page 9 / 12

Page 10: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and

ParcelsFebruary 24, 2016

0 0.015 0.030.0075 mi

0 0.03 0.060.015 km

1:1,128

GIS Workshop, LLC.Seward County

Seward Regular Session - 3/1/2016 Page 10 / 12

Page 11: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

Nebraska State Statute §53-177.

Sale at retail; restrictions as to locality.

(1) Except as otherwise provided in subsection (2) of this section, no license shall be issued for the sale at

retail of any alcoholic liquor within one hundred fifty feet of any church, school, hospital, or home for

indigent persons or for veterans and their wives or children. This prohibition does not apply (a) to any

location within such distance of one hundred fifty feet for which a license to sell alcoholic liquor at retail

has been granted by the commission for two years continuously prior to making of application for license,

(b) to hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or

other places where sale of alcoholic liquor is not the principal business carried on, if such place of

business so exempted was established for such purposes prior to May 24, 1935, or (c) to a college or

university in the state which is subject to section 53-177.01.

Seward Regular Session - 3/1/2016 Page 11 / 12

Page 12: City of Seward, NE · 3/1/2016  · Seward, Nebraska, in accordance with Section 53-134(7), Revised Statutes of the Nebraska Liquor Control Act. Written protest to the issuance of

RESOLUTION NO. 2016-

BE IT RESOLVED by the Mayor and Council of the City of Seward,

Nebraska, that,

WHEREAS, Notice of Application for a Class D Liquor License for

Fastmart, Inc, dba Fast Mart, 215 N 6th Street, Seward, Nebraska was

published in the Seward County Independent on February 17, 2016; cost

of such publishing fee being $12.15, and,

WHEREAS, a public hearing was held before the Mayor and Council

of the City of Seward on March 1, 2016;

WHEREAS, no written protests were filed with the City, and no

oral objections were heard by the Mayor and Council,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the

City of Seward, Nebraska, that a Class D Liquor License be granted to

Fastmart, Inc, dba Fast Mart, 215 N 6th Street, Seward, Nebraska.

The Mayor declared the resolution adopted.

Dated: March 1, 2016

THE CITY OF SEWARD, NEBRASKA

_____________________________

Joshua Eickmeier

Mayor

ATTEST:

___________________________

Bonnie Otte

Assistant Administrator/Clerk-Treasurer

Budget & HR Director

(SEAL)

Seward Regular Session - 3/1/2016 Page 12 / 12