MARCH 5, 2002

The Cedar Creek Board of Trustees met at 7:00 p.m., on March 5, 2002, at the Village Hall to hear evidence from those protesting the renewal of a Class D Liquor License to Ault's Store, 101 East B Street, Cedar Creek. Advance notice of the Public Hearing was given by posting in three public places in the village and by publication in the Plattsmouth Journal. The notice stated, all persons desiring to give evidence before the Board of Trustees in support of or protests against the renewal of such license, may do so at the public hearing.

Chairman Reynolds called the Public Hearing to order at 7:00 p.m. Roll Call: Reynolds, Swenson, Stauffer, Bode, present. Rydl was absent. Purpose of the Public Hearing was stated by Chairman Reynolds. Village Attorney, Bill Reinsch, explained to those in attendance the renewal process for a liquor license and further explained when protests to such renewal are received, a public hearing is mandatory. Nine property owners had signed a petition opposing renewal of the liquor license for the following reasons: (1) No sanitary facilities exist on the premises; (2) A potential fire hazard exists due to a gas tank located in the basement of the premises and another located in the street; (3) No running water on the premises creating further health and safety issues in case of fire. Chairman Reynolds announced, 10 minutes would be allowed for hearing protests against the renewal, and 10 minutes for hearing support of the renewal, also persons speaking shall give their name and address prior to speaking and that the hearing was being recorded.

Three individuals owning property in Cedar Creek spoke in protest of the renewal stating reasons of : Lack of sanitation; Un-cleanliness; Condition of the building; Safety hazard; An accusation of illegal activities; and a statement that Ault's Store was to install plumbing in 1971 as a condition of a liquor license renewal but had not installed the plumbing.

Eight Cedar Creek residents spoke in support of renewing the liquor license stating: Lack of plumbing should not be an issue, the license is for off sale liquor only; There has not been any illegal activity at the location; Accusation that the protests were based on business competition issues; Longevity of the business being in the same family for over 100 years; and basic support of Mr. And Mrs. Ault.

Chairman Reynolds called for a motion of the Board. The board reviewed a report from the State Fire Marshal on Ault's Store prior to the meeting and took into account, only two full time residents had protested the renewal. Motion by Bode, to recommend to the Nebraska Liquor Control Commission, renewal of the Class D Liquor License for Ault's Store be granted due to the overwhelming support of the Community and lack of evidence that regulations of the Liquor Control Commission have been violated. Motion seconded by Swenson. All ayes.

Motion by Bode, second by Swenson, to adjourn the Public Hearing and enter into regular session. All ayes. Time 7:30 p.m.

Mary C. Terry, Municipal Clerk/Treasurer

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