omaha coalition meeting 4.10.19 print - project extra mile · brandt, pansing brooks, halloran name...

OMAHA COALITION MEETING Wednesday, April 10, 2019

9 a.m.

A G E N D A

I. Welcome and Introductions

II. Review of the March 13, 2019 Meeting Minutes (please contact PEM staff with corrections)

III. Guest Speaker: Shantel Hoelscher, Douglas County CMHC Detoxification Services Program Manager

IV. Focus Area Updates

A. Policy i. 2019 Legislative Tracking Sheet

a. Harry Hoch b. LB 734 – Party buses c. LB 591 – Impact zones d. LB 592 – Mandatory days e. LB 682 – Proof gallons f. LB 723 – Excise taxes g. Excise tax increases update

ii. Public Health Day at the Capitol review

B. Enforcement i. Report Underage Drinking to 1-866-MUST-B-21

C. Awareness i. No Free Ride airing in April & May ii. Earned media and media releases available at www.projectextramile.org iii. April 2019 Research and News Summaries & all coalition meeting

materials available at www.projectextramile.org

D. Youth i. Youth Leadership Training with Nigel Wrangham on June 26-27, 2019

V. Additional Discussion/Announcements

VI. Adjournment and Next Meeting Date: May 8th at 9 a.m. IMPORTANT UPCOMING EVENTS Whiteclay Nebraska Advocates Meeting @ National Safety Council – April 24, 2019 Children of Whiteclay @ Nebraska Wesleyan University – 7 p.m. on April 24, 2019 Coalition Rx Meeting – Community Engagement Center, UNO, 3:30 pm – May 3, 2019 Nebraska Liquor Control Commission Hearings – May 2019 TBA PEM Coalition Meeting (DUI Discussion Follow-up) – June 12, 2019

Omaha Coalition Meeting Minutes March 2019

PROJECT EXTRA MILE

OMAHA METRO AREA COALITION MEETING MINUTES

March 13, 2019

I. Call to Order: Project Extra Mile Coalition Chair Jennifer Pollock called the meeting to order at the UNMC College of Public Health at 9 a.m.

II. Welcome and Introductions: Welcome and introductions took place around the room. Coalition members in attendance: Jen Pollock, Mike Kraus, Paul Letcher, Jeana Tortorilla, Charles Knaup, Nicole Petersen, Christie Abdul-Greene, Natalia Trinidad, Adi Pour, Sharona Crittenden, Jim Timm, Patrick Nastase, Brandon Grimm, Carey Pomykata, and Ali Khan. Staff members in attendance: Chris Wagner, Melissa Rotella, Lex Ann Roach and Liene Topko.

III. Approval of Minutes: The minutes from the February 13, 2019 meeting were reviewed and approved. No additions or corrections were made.

IV. Discussion: Dr. Noelle LoConte with the University of Wisconsin Carbone Cancer Center

presented on Alcohol and Cancer: A Call to Action. Dr. LoConte told the group that alcohol has been classified as a Class 1 carcinogen since the 1980’s and that only 30% of adults are aware of the alcohol-cancer link. She also gave an overview of the Wisconsin Comprehensive Cancer Control program and the seven types of cancers caused by alcohol. LoConte discussed evidence-based strategies for decreasing these types of cancer through the prevention of high-risk alcohol consumption. Increased awareness is shown to encourage behavior change and increase public support for policies that prevent and reduce excessive drinking and its harms. LoConte discussed the ASCO alcohol and cancer statement from 2017, which includes several strategies being advocated for by the Project Extra Mile coalition.

V. Focus Area Updates

a. Policy i. Chris Wagner gave a quick update on three legislative bills featuring

alcohol tax increases. He noted that because there is low public awareness about the effectiveness of these increases in reducing harms, the Revenue Committee is unlikely to approve them.

ii. Wagner announced the Project Extra Mile’s involvement in this year’s

Public Health Day on April 2 in cooperation with the Public Health

Association of Nebraska and the Nebraska Association of Local Health

Directors. He welcomed anyone interested in attending to register online

at the PEM website.

b. Enforcement i. Liene Topko gave an overview of the compliance checks that were

conducted in January and March. 320 business were checked and of

those checked, 31 failed for a non-compliant rate of 10%. 14 businesses

who sold did not check ID and 17 businesses checked ID and sold to a

minor. Wagner noted that the non-compliant rate doubled since the last

Omaha Coalition Meeting Minutes March 2019

compliance checks in November and it’s imperative to hold compliance

checks on a regular basis.

VI. Adjournment and Next Meeting Date: The meeting was adjourned. The next meeting will take place on Wednesday, April 10th at 9 a.m. at the National Safety Council, Nebraska.

Prepared by Project Extra Mile Last updated: 4/9/2019

PROJECT EXTRA MILE 2019 Legislative Bill Tracking

Bill # Sponsor(s) Description Bill Status Additional Information

LB11 Blood Urban Affairs

Provide for interlocal agreements regarding nuisances

Approved by Gov. 3/12/19

Permits City and County to enter into an interlocal agreement for joint and cooperative action within extraterritorial zoning jurisdiction to prevent nuisances.

LB39

Hilkemann Transportation and Telecommunications McDonnell name added

Change provisions relating to occupant protection system enforcement and change certain violations from secondary to primary enforcement

Hearing 3/4/19 Requires all passengers of a vehicle to utilize a seatbelt; infraction results in a primary offense and a fine of $25.

LB56 Lowe General Affairs

Change special designated licensure provisions under the Nebraska Liquor Control Act


Permits the Nebraska Liquor Control Commission (LCC) to deliver a special designated license (SDL) to the licensee electronically. Reduces the number of days prior to the event from 21 to 12 if the local governing body has established an expedited process for SDL applications.

LB91 Wayne Judiciary

Provide for deferred judgments by courts as prescribed

Hearing 3/20/19

Permits a court to defer sentencing of a defendant pending upon successful completion of probation.

The defendant’s charge may be dismissed without judgment upon successful completion of probation and payment or waiver of all administrative & programming fees.

A defendant is not eligible for deferred judgement if: o Have previously been convicted of a felony o Have been granted deferred judgement 2 or more

times o Had been granted deferment within the past 5

years for a felony o Are not eligible for probation o The defendant is a business entity

Court must first determine if deferred judgement will provide maximum opportunity for rehabilitation and protect the community from further offenses by the defendant

Upon judgement, the court must specify, in writing, reasons and supporting facts for decision

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=36800

http://news.legislature.ne.gov/urb/


http://news.legislature.ne.gov/tra/


https://www.nebraskalegislature.gov/calendar/hearings.php?CommitteeID=13


http://news.legislature.ne.gov/gen/


http://news.legislature.ne.gov/jud/



Probation limits are: o For a felony, not less than 2 years or more than 5

years o For a misdemeanor, not less than 1 year or more

than 2 years o The term may be extended for up to 1 year o The term may be reduced if the purpose of

probation has been fulfilled and fees paid

LB110 Wishart Judiciary *Wishart priority

Adopt the Medical Cannabis Act Hearing 1/25/19 AM21 pending

LB120 Support

Crawford Education

Require teacher and school staff to receive training on behavioral and mental health

Hearing 3/4/19

Requires at least one hour of behavioral and mental health training for nurses, teachers, counselors, psychologists, administrators, social workers, etc. during contract hours. New training topics include trauma-informed care, early detection of behavioral and mental health problems, effective responses for educators, etc.

LB149

Quick; Albrecht, Bolz, Cavanaugh, Hilkemann, Howard, McDonnell, Pansing Brooks, Vargas, Walz, Wishart General Affairs *Quick priority

Change provisions relating to vapor products General File 3/25/19

Increases legal age of use of vapor products to 21; Violation will result in a Class V misdemeanor. Misrepresenting one’s age in order to purchase vapor products shall be guilty of a Class V misdemeanor. Sale to an individual under 21 will result in a Class III misdemeanor. AM901 pending

LB154 Support

Brewer; Gragert, Pansing Brooks Judiciary Cavanaugh, DeBoer, Slama, Erdman, Hunt, McCollister name added

Authorize a study to improve reporting and investigation of missing Native American women


Requires Nebraska State Patrol to research how to increase state criminal justice protective and investigative resources for reporting and identifying Native American women and children in Nebraska by working with the Commission on Indian Affairs and the Department of Justice. Results and recommendations must be provided to the Legislature by 6/1/2020. AM36 adopted




https://nebraskalegislature.gov/FloorDocs/106/PDF/AM/AM21.pdf


http://news.legislature.ne.gov/edu/









LB174 Bolz; Hilkemann Appropriations Wayne name added

State intent relating to appropriations for the Office of Violence Prevention

Hearing 3/6/19

Appropriates $1.525M/fiscal year to the Nebraska Commission on Law Enforcement and Criminal Justice for the Office of Violence Prevention to be used for increasing grant awards, developing an annual statewide strategic plan, increase administrative capacity, and develop a technical assistance partnership with the University of Nebraska. This appropriation does not sunset.

LB200 Wishart Health & Human Services

Change provisions relating to licensure under the Health Care Facility Licensure Act of alcoholism centers providing civil protective custody of intoxicated persons


Prohibits the Department of Health and Human Services from denying a license application or renewal of a facility due to the use of locked doors for civil protective custody services, as long as they are only used while the individual is a danger to themselves or others. AM90 adopted ER20 adopted

LB213 McCollister Judiciary

Provide for setting aside certain infraction, misdemeanor, and felony convictions

Hearing 1/25/19

Restricts the ability of a person to petition to set aside an infraction, misdemeanor or felony to those sentenced to one year or less of imprisonment. A petition shall be denied if filed: 1) By any person with a criminal charge pending in any

court in the United States or other country; 2) During any period in which the person is required to

register under the Sex Offender Registration Act; 3) For any misdemeanor or felony motor vehicle offense

under 28-306 (motor vehicle homicide) or the Nebraska Rules of the Road, including reckless and willful reckless driving, driving under the influence of alcohol or drugs, or driving under a revocation period or;

4) Within 2 years after a previous petition denial.

LB235** Oppose

Crawford General Affairs Blood, Hunt name added

Change provisions relating to making and serving alcoholic liquor by nonlicensed persons as prescribed


Expands the limited exception for home brewers to participate in brew competitions to include exhibitions, festivals and tastings, including those for nonprofit fundraisers.

https://www.nebraskalegislature.gov/bills/view_bill.php?DocumentID=37280

http://news.legislature.ne.gov/app/



http://news.legislature.ne.gov/hea/

http://news.legislature.ne.gov/hea/


https://nebraskalegislature.gov/FloorDocs/106/PDF/AM/ER20.pdf







LB314** Support

Briese; Friesen Revenue Brandt, Pansing Brooks, Halloran name added

Adopt the Remote Seller Sales Tax Collection Act and change revenue and taxation provisions

Hearing 2/14/19

Provide property tax relief by eliminating certain sales tax exemptions and increasing other sales and excise taxes such as those levied on alcohol and cigarettes. Taxes on all alcoholic beverages increases to the equivalent of $0.10 per standard drink.

Tax on beer increases from $0.31 to $1.38/gallon

Tax on wine increases from $0.95 to $3.51/gallon

Tax on farm wine increases from $0.06 to $2.62/gallon

Tax on spirits increases from $3.75 to $12.28/gallon

Increased revenue from alcohol taxes is diverted to the Property Tax Credit Cash Fund

Tax on cigarettes increases from $0.64 to $2.14/pack

Expands taxable services

Expands taxable food to include candy, soft drinks, and bottled water

Defines vaping products as tobacco products for tax purposes.

LB322 Crawford; Blood Judiciary

Change provisions relating to enforcement of certain tobacco restriction provisions

General File 2/26/19

Permits youth ages 15 to 17 to assist law enforcement or private contractors hired by a licensee in conducting tobacco compliance checks. Requires written parental consent, that the youth not consume the tobacco product, written notice from the contractor of the compliance check on the outcome of the check to a licensee that refused the sale, and that prevention coalitions shall not subject a business to more than one check every 30 days. AM271 pending

LB335* Support

Hansen, M Judiciary

Authorize a 24/7 sobriety program permit for operating a motor vehicle as a condition of bail

Hearing 2/13/19

Finds that alternatives to incarceration should be considered in order to reduce the cost to taxpayers, successfully rehabilitate offenders and ensure public safety.

Establishes a 24/7 sobriety program that requires abstinence from alcohol and other drugs for a specified period of time during which the individual is tested at least twice per day.


http://news.legislature.ne.gov/rev/









Participation in the program is voluntary by each County Sheriff or his/her designee.

A test in violation of the 24/7 sobriety program will result in: 1st sanction – continuous 12-hour sanction (jail or

detoxification center) & release back into program 2nd sanction – 24 hours in jail with release back into

the program 3rd to 5th sanction – 48 hours served in jail and

participant’s bond reset by the court 6th sanction – removal from the 24/7 sobriety

program and participant shall be ineligible for further participation in the program for that case.

Participants may opt for a continuous alcohol monitoring device and be responsible for the cost of said device.

Reasonable fees not to exceed $3 per day shall be established by the sheriff or designated agency to cover costs incurred but may be waived by court if participant has demonstrated inability to pay.

If program participant is arrested for a DUI while in the program, the participant may petition the court to remain if he/she is able to demonstrate 30 consecutive days without sanctions being imposed.

LB378 Oppose

Hansen, B; Albrecht, Brewer, Clements, Dorn, Erdman, Friesen, Gragert, Groene, Halloran, Lowe, Murman, Slama, Wishart Transportation & Telecommunications Linehan, Morfeld name added

Change helmet provisions for autocycles, motorcycles, and mopeds

Hearing 2/12/19

Provides an exemption for those 21 years and older to not be required to wear a helmet while on an autocycle, motorcycle, or moped. Requires eye protection for operators of autocycles, motorcycles and mopeds.






LB429 Wayne Revenue

Change tax provisions for cigars, cheroots, and stogies

Hearing 3/27/19 Establishes the maximum tax on cigars, cheroots, or stogies as 50 cents for each cigar, cheroot, or stogie.

LB445

McDonnell; Cavanaugh, DeBoer, Groene, Halloran, Hilkemann, Hunt, Kolowski, Lathrop, Linehan, Murman, Slama, Vargas, Walz, Wayne, Wishart Urban Affairs *Speaker priority Erdman, Brewer, Geist, Lowe name added

Require a city of the metropolitan class to provide an annual budget report relating to use of any occupation tax levied and collected

Select File 4/9/19

Requires any municipality to annually report on the collection and use of any occupation tax levied and collected no later than 90 says after the end of the fiscal year. The report must include, but is not limited to:

Purpose for imposing the tax

Amount of tax collected

Itemization of how tax was expended or budgeted to be spent

Scheduled or projected termination of the tax AM520 adopted AM641 adopted ER68 pending

LB497** Support

Friesen; Albrecht, Bostelman, Brandt, Brewer, Briese, Dorn, Erdman, Gragert, Halloran, Hughes, Murman Revenue Kolterman name added

Adopt the School District Property Tax Authority Act and change revenue and taxation provisions

Hearing 2/14/19

Rebuild the Cash Reserve Fund by eliminating certain sales tax exemptions and increasing other sales and excise taxes such as those levied on alcohol and cigarettes.

Tax on beer increases from $0.31 to $1.38/gallon

Tax on wine increases from $0.95 to $3.51/gallon

Tax on farm wine increases from $0.06 to $2.62/gallon


Alcohol tax revenue continues to be deposited into the General Fund


Expands taxable services

Terminates grocery tax exemption on 1/1/2020

LB500 Oppose

Morfeld Judiciary

Prohibit participation in pretrial diversion programs for certain driving under the influence and driver's license offenses

Hearing 2/13/19 Allows a person who has been arrested but not yet convicted of a first-time, non-aggravated DUI to be eligible for pretrial diversion.

LB579 Oppose

Quick Judiciary

Authorize issuance of ignition interlock permits to persons who caused serious bodily injury while driving under the influence


AM345 pending





http://news.legislature.ne.gov/urb/



https://nebraskalegislature.gov/FloorDocs/106/PDF/AM/ER68.pdf











LB584** Oppose

Hilgers General Affairs Slama name added

Change farm winery provisions and provide for a promotional special designated license


Decreases Nebraska grown grape requirement from 75% to 60%

Increases the gallonage production requirement from 30,000 to 50,000 gallons for the requirement to use a licensed wholesaler

Establishes “craft wineries” by allowing the sale of wine at the farm winery and 4 (instead of 1) branch outlets in reasonable amounts

Permits the farm winery to sell beer or other alcoholic beverages so long as they hold the appropriate license

Establishes a promotional special designated license for craft breweries, microdistilleries, and farm wineries to be used once in a 12-month period for sale of product at festivals, bazaars, picnics, carnivals, and similar functions conducted outside the licensed premise. Establishes a fee of $250.

AM903 pending

LB591** Support

Briese General Affairs

Provide for alcohol impact zones and provide duties for the Nebraska Liquor Control Commission

Hearing 3/18/19

Defines alcohol impact zones as geographical areas that are adversely affected by chronic public inebriation or illegal activity associated with sales or consumption of alcoholic liquor.

Permits a city council, village board of trustees, or county board to apply to the Nebraska Liquor Control Commission for the creation of an alcohol impact zone. The application must include the following information regarding the request: 1. A description of the issue and geographical area; 2. Evidence demonstrating the need for the zone and

how chronic public inebriation or illegal activity associated with liquor sales or consumption in the area: How it contributes to the deterioration of

general quality of life, How it threatens the welfare, health, peace or

safety of visitors and occupants of the area,








Demonstrates a pervasive pattern of public intoxication of public consumption of liquor

Requires the city council, village board of trustees, or county board to submit a report to the Commission one year after the creation of the impact zone, and every 5 years thereafter, clearly demonstrating the effectiveness of the conditions or restrictions.

The impact zone shall remain in effect until the Commission repeals the creation of it.

LB592** Support

Briese General Affairs *General Affairs priority bill

Provide additional powers to the Nebraska Liquor Control Commission to suspend sales of alcoholic liquor

Hearing 3/25/19

Allows the LCC, at its discretion, to require 2 days of mandatory closure (licensee may not elect to pay cash penalty) in addition to any days of suspension within the four-year lookback period for all violations of the Liquor Control Act. MO37 pending – indefinitely postpone

LB614* Support

Crawford Revenue Pansing Brooks name added

Change revenue and taxation provisions Hearing 3/1/19

Provide property tax relief by eliminating certain sales tax exemptions and increasing other sales and excise taxes such as those levied on liquor and cigarettes.



Expands taxable food to include candy, soft drinks, and bottled water

AM186 pending

LB635** Support

Hilkemann General Affairs

Change membership of the Nebraska Liquor Control Commission

Hearing 2/11/19 Expands the number of Nebraska Liquor Control Commissioners from three to five.

LB682** Oppose

Vargas General Affairs

Provide for taxing spirits as proof gallons Hearing 3/25/19

Alters spirits taxes to be taxed by proof gallon, rather than by the gallon. (Proof measures the alcohol content of spirits by multiplying the percent of alcohol by volume by two. Converting U.S. gallons into proof gallons:

1. Multiply U.S. gallons by the percent of alcohol by volume

2. Multiply by two 3. Divide by 100.)




https://www.nebraskalegislature.gov/FloorDocs/106/PDF/AM/MO37.pdf




https://www.nebraskalegislature.gov/FloorDocs/106/PDF/AM/AM186.pdf








LB710 Cavanaugh Revenue

Change provisions relating to tobacco including sales, crimes, a tax increase, and distribution of funds

Hearing 2/28/19

Creates the Behavioral Health Provider Stabilization Fund to be used to leverage federal funds for behavioral health services provider rate reimbursement.

Increases taxes on cigarettes from $0.64 to $2.14 and allocates the additional $1.50 to various public health and health care funds and programs.

LB723** Oppose

Vargas; Blood, Wayne General Affairs

Change taxes on manufacturers and wholesalers under the Nebraska Liquor Control Act

Hearing 3/25/19

Decreases alcohol excise taxes as follows:

Tax on beer decreases from $0.31 to $0.25/gallon

Tax on wine decreases from $0.95 to $0.90/gallon

Tax on farm wine decreases from $0.06 to $0.05/gallon

Tax on spirits decreases from $3.75 to $3.50/gallon

LB734** Support

Hunt General Affairs Briese name added

Provide for licensure of charter bus services under the Nebraska Liquor Control Act


Requires charter bus services to be licensed by the Liquor Control Commission to be able to consume alcohol on board the bus. Establishes an annual license fee of $75. AM545 pending

LB736

Murman; Halloran Government, Military and Veterans Affairs

Provide restrictions on occupation taxes, license fees, and regulation by counties and municipalities

Hearing 2/28/19

Beginning January 1, 2020:

Occupation tax or license fees may not be greater than $25 annually

Metropolitan cities may not impose an occupation tax or license fee on a profession or business that provides good or services unless the profession or business was subject to a tax or fee on January 1, 2020

No licensing requirement shall be imposed by a metropolitan city on any profession or business which is subject to state licensing requirements

* Testimony, including submission of written comments, provided by Project Extra Mile ** Oral testimony was provided for bills












http://news.legislature.ne.gov/gov/




Project Extra Mile 1 April 2019

RESEARCH SUMMARY Date Compiled: April 2019

A COMPARISON OF GENDER-LINKED POPULATION CANCER RISKS BETWEEN ALCOHOL AND TOBACCO:HOW MANY CIGARETTES ARE THERE IN A BOTTLE OF WINE? March 2019

Abstract

Background: In contrast to our knowledge about the number of cancers attributed to smoking, the number of cancers attributed to alcohol is poorly understood by the public. We estimate the increase in absolute risk of cancer (number of cases per 1000) attributed to moderate levels of alcohol, and compare these to the absolute risk of cancer attributed to low levels of smoking, creating a ‘cigarette-equivalent of population cancer harm’.

Key Takeaways from Included Research

A “social math” study found that the consumption of one bottle of wine per week was associated with an increased absolute lifetime risk of alcohol-related cancers in women, driven by breast cancer, equivalent to the increased absolute cancer risk associated with ten cigarettes per week.

A large-scale study, of over 500,000 Chinese adults, found that even light-to moderate alcohol

consumption uniformly increased blood pressure and stroke risk, and appeared to have little

net effect on the risk of myocardial obstruction. The study casts additional, serious doubt on the

purported beneficial health effects of moderate alcohol consumption.

A study in Finland found that regular, successive increases in alcohol taxes led to decreases in overall alcohol consumption, which in turn were associated with lower rates of death due to traumatic brain injury (TBI).

An analysis from the World Health Organization finds that the advertising of alcohol (as well as unhealthy foods) goes against the underlying values of sport, since these products are major risk factors for noncommunicable diseases. The authors suggest that “the sports industry embrace a socially-responsible approach to commercial sponsorship and advertising, an approach which emphasizes the future health of sports’ fans, families and communities.”

An Ontario-based study of alcohol control deregulation found that alcohol‐attributed ED visits increased 17.8% over the study period; over twice the rate of increase for all ED visits. Increased hours of operation and numbers of alcohol outlets within a given area were positively associated

with higher rates of alcohol‐attributable ED visits.

KOLN March 12, 2019

Project Extra Mile – News Clippings Page 1 of 1

Waverly Council approves liquor license for Shakers

Written by Abbie Petersen

LINCOLN, Neb. (KOLN) - A gentleman’s club just outside of Lincoln is one step closer to getting a liquor license.

It comes as part of a deal with the owner promising to eventually close his business.

A liquor license for Shakers in Waverly has been proposed multiple times and on Tuesday, the Waverly City Council gave its approval.

It's only the first step but the Waverly City Council voted to allow Shakers to serve alcohol.

"We'll be able to operate for the next four years with a liquor license,” said Owner of Shakers, Dan Robinson.

Last month, the Waverly Planning Commission granted Shakers a "special use permit”, to sell alcohol.

This will go in effect if and when its approved.

But there are some conditions.

"In four years I will close it down, that's the offer that I presented to the City,” said Robinson.

One of the conditions is that by the middle of 2023, a sexually oriented business will no longer exist on that location.

"I have some other business ventures in the next three or four years and I want to go ahead and pursue, and I’ve done this for 24, when we're done here it'll be 28 years and its kind of ran its course and I’ll be ready to move on at that point,” said Robinson.

Other conditions include limited hours allowing it to only be open until 2 A.M.

Also, it has to be re-painted a neutral color by August.

Right now, it's a bright pink barn just off of Highway 6.

"It feels really good, for the last 24 years we've wanted to run a business and get along with everybody,” said Robinson.

As for what's next, it has to be approved by the Nebraska Liquor Control Commission.

If it is, it would be the only fully nude club in the state with a liquor license.

The Grand Island Independent March 12, 2019


Sixteen impaired drivers caught on the road during boys’ basketball tournament

Written by Nebraska State Patrol

During the Boys State Basketball Tournament last weekend, the Nebraska State Patrol removed 16 impaired drivers from the road.

As part of the statewide enforcement effort, which ran from March 6 through Saturday, troopers issued 189 citations for speeding.

Citations also included 21 for driving under suspension, 14 for having no proof of insurance, 12 for having no seat belt, nine for minors in possession, three for open containers and two for having improper child restraint.

Troopers across Nebraska performed 307 motorist assists during the four-day period.

“It’s great to see folks from across Nebraska make their way to Lincoln for the state tournaments each year,” Col. John Bolduc, superintendent of the Nebraska State Patrol, said in a statement. “Our troopers across Nebraska worked hard to make sure their hometown teams made the trip to and from Lincoln safely.”

The special enforcement was made possible thanks in part to a grant of $10,380 from the Nebraska Department of Transportation’s Highway Safety Office.

Husker Online March 12, 2019


Big Red Business: Does NU need beer money?

Written by Steve Rosen

If you want to drink alcohol inside the confines of Memorial Stadium, you do what people always do -- flaunt the rules and sneak in a flask or airplane-type miniature bottles.

But if you want to soak in the action during a football game at most of the other Big Ten conference schools, it’s far easier and perfectly legal throughout the stands or at least in premium seating areas.

11 of the 14 schools in the conference permit the sale of alcohol at their football stadiums and in other athletic venues too. Of those schools, five sell beer -- and often wine -- to fans in general seating areas as long as they’re at least 21, according to a HuskerOnline survey of alcohol policies at Big Ten schools.

The other six schools limit beer and wine sales to suites and premium club-level seating.

In February, Rutgers became the latest school to expand the sale of beer and wine to fans throughout HighPoint.com Stadium. Previously, purchases had been limited to fans in premium seat locations.

The Scarlet Knights join Minnesota, Purdue, Ohio State, and Maryland in selling alcohol to the masses of fans. Nebraska will play in three of those stadiums this fall. Colorado, where NU also travels to this year sells beer and wine throughout their football stadium. Illinois will be the only road venue Nebraska plays in without stadium-wide alcohol sales.

While a growing number of Division I schools around the country have loosened regulations to allow suds to flow at football games and in some cases basketball, hockey, baseball and even women’s softball, Nebraska has not budged.

And don’t expect it to happen anytime soon either.

“We have no plans to sell alcohol in any of our athletic venues at Nebraska for the foreseeable future,” athletic director Bill Moos said in a statement to HuskerOnline. “Every school is faced with different challenges and situations in terms of attracting a fan base, and at some schools, alcohol sales may be deemed to be an important component.”

“Here at Nebraska,” Moos added, “we do not feel alcohol is a necessary addition to our game-day experience, and we are fortunate to have many sold-out venues with the amazing support we receive from our Husker fans.”

Although this idea has been floated before, it has been rejected, even in the skybox and club levels of Memorial Stadium.

According to some sources, alcohol sales were shot down when Tom Osborne was athletic director and the idea has never gained traction since then. Before 2008, skybox holders in Memorial Stadium were allowed to stock their suites with alcohol for home games, but it had to be in the stadium by Friday afternoon on a game weekend.

This is the official policy: “Alcoholic beverages of any type are not allowed in the stadium. In addition, consumption of alcohol is prohibited in city and university parking lots and property.”

Does NU need the money?



There would be a number of problematic issues to overcome in order to convert Memorial Stadium from dry to wet.

One of the biggest: it’s a long hike to get to and from concessions areas and kiosks that would sell alcohol in certain parts of Memorial Stadium. Try carrying a couple cups of beer to the upper reaches of the end zones, and then having to sidestep through your section to get to your row and then to your seats.

Heaven sakes if you spill down the back of the fan in front of you, or need to use the restroom facilities constantly.

Then there are the student sections. Do you place beer stations next to those areas? Some schools, such as Maryland, keep the beer taps away from designated student sections and adjoining sections.

Schools also must establish policies for security, including training to spot fake IDs, and establish cut off times and limits on the number of drinks that can be sold to one person per transaction. And will any of this stop students from buying that second cup of beer for their underaged buddy?

But, insiders say, there are two big financial reasons why Nebraska has not joined the drinking crowd: Alcohol sales don’t bring in that much in the big scheme of things, and the athletic department doesn’t need the money.

When your athletic program is already generating more than $140 million in revenue, is $1 million or even $1.5 million from the sale of alcohol over the course of seven home games really worth all the headaches and expense for a relatively small line item on the budget.

Any push for changing the alcohol policy at Memorial Stadium would also require getting enough votes from the Board of Regents, and university administration, especially at a time of growing concern about binge drinking and other alcohol-related issues on college campuses.

Legislators, religious leaders, student organizations, and restaurant, bar and liquor store owners are among the stakeholders who’d want to debate this issue.

Besides Nebraska, Michigan and Northwestern are the only other conference schools that prohibit the sale of alcohol at sporting events. And they don’t appear to be rethinking their stance either.

“Michigan remains beer and alcohol-free at athletic events and that policy is not currently under review,” said Kurt Svoboda, an athletic department spokesman.

Beer man

HuskerOnline surveyed the remaining Big Ten conference schools on their policies regarding alcohol sales at home football games.

Here are the schools that permit alcohol sales throughout their stadiums on game day. Some schools provided detailed sales data, or it was obtained from other media reports.

Rutgers: In February, the school announced plans to expand the sale of beer and wine to fans in general seating areas at HighPoint.com Stadium. Previously, alcohol was sold only in premium seat locations.

Under the policy, fans can purchase two alcoholic beverages per person on every transaction. Alcohol sales will be cut off at the end of the third quarter.

The alcohol sales expansion will also include general seating areas at Rutgers basketball games as well as at baseball and softball venues.



“This decision was the result of a year-long review of the experience and data from across the college landscape,'' Rutgers athletics director Pat Hobbs said in a statement last month. Revenue will be used to offset athletic scholarship costs, the university said.

Purdue: The school started selling alcohol in premium seating areas of Ross-Ade Stadium in 2015, but expanded sales throughout the stadium in 2017.

The results? Alcohol sales nearly doubled at Purdue home football games in 2018 compared with the previous season, according to the Lafayette Courier & Journal.

In 2017, the athletic department generated $567,778 in gross sales. This past seven-game home season, gross sales climbed to $1.063 million, the newspaper reported. Alcohol sales at the three-night games on the schedule averaged $188,000.

Purdue also allows alcohol sales at the Mackey Arena for men’s and women’s basketball. Gross sales at men’s games reached $263,222 in the 2017-2018 season, while the school generated $5,241 in gross sales at women’s games.

Minnesota: The university permits the sale of beer and wine stadium-wide at football games at TCF Bank Stadium. Sales start 90 minutes before kickoff and are shut off at the end of the third quarter. There is a two-drink maximum per transaction, according to the university’s policy.

“Since we started selling alcohol (in 2012), we have seen a decrease in alcohol-related incidents in the stadium,” said athletic department spokesman Paul Rovnak.

Last season, the athletic department reported alcohol sales at football games of $1.21 million in revenue, down slightly from $1.48 million in sales in 2017. Minnesota’s athletic department budget was about $116 million in 2017-2018.

Also, the school sells wine and beer in premium areas at hockey and basketball games.

Ohio State: Beer has been sold stadium-wide at the Horseshoe since 2016. The Buckeyes went over $1 million in net revenue -- after expenses -- in the second year when beer sales brought in $1.23 million. More current numbers were unavailable.

Sales end at half-time, and there is a maximum of two beers per person, per transaction. Students, who mainly sit in the south stands, are allowed one beer per transaction.

Beer is also sold at Ohio State basketball games.

Maryland: Nearly four years ago, amid much debate, Maryland decided to allow the sale of Maryland craft beers and other brands at concession stands and kiosks throughout Capital One Field.

Under the policy, there is a limit of one beer per person, per transaction. No alcohol is sold near designated student sections and neighboring sections. All concession stands and kiosks will stop selling beer at the end of the third quarter, with “no exceptions and even if fans are in line,” the policy stated.

Some proceeds from beer sales are earmarked for student counseling services and to Terps After Dark, which provides an alternative to drinking with alcohol-free late-night events on campus.

Beer is also sold at Maryland basketball games.

Maryland did not respond to a request for alcohol sales data. However, the school generated sales of $1.012 million in the 2016-2017 season, its second season in which beer sales were



allowed. After expenses, turned a profit of $100,615, which was far lower than expected, according to published reports.

To get an idea of what it might cost to get alcohol sales up and running, here’s what Maryland spent in 2015-2016, according to a media report. Those costs included: about $260,000 in infrastructure changes at the football stadium and basketball arena; about $322,000 in beer-serving equipment; $60,000 in additional equipment within concession stands; $12,000 on signage and marketing materials, and about $105,000 on ID-checking devices, employee training, and other training materials. That’s more than $750,000.

Maryland lost $333,650 on alcohol sales during the 2015-2016 year mainly because of those start-up costs.

Premium Perk

Six schools -- Illinois, Michigan State, Iowa, Wisconsin, Penn State, and Indiana -- only allow alcohol to be sold in premium seating areas, such as skyboxes and club-level sections. Here’s a sampling of their policies.

At Wisconsin, no alcohol is sold at Camp Randall Stadium except in designated premium seating areas. Athletic director Barry Alvarez said that policy will not change as long as he’s making the decisions.

Alcohol sales at Illinois are limited to suites at Memorial Stadium and the State Farm Center for basketball. Beer is also sold in a pre-game beer garden area of the Grange Grove.

Last May, Illinois turned on the beer taps to test sales at one baseball game. “The results were very positive for the fans,” said Kent Brown, an athletic department spokesman. “We sold about 1,000 beers at the game with no issues.”

Partly for that reason, he said, Illinois is considering a beer tent at a baseball game this spring.

While Brown said athletics officials continue to review alcohol sales in general seating areas of the football stadium, no decision has been made to expand the service.

At Iowa, sales of beer and wine are limited to private suites in Kinnick Stadium and the Kinnick Outdoor Club level of the stadium, said Steven Roe, an athletic department spokesman.

For men’s basketball, there are two hospitality suites that serve alcohol before games and during halftime, Roe said.

Annual sales of alcohol are between $100,000 to $125,000, he said. While those funds are primarily used for security on game days, Roe said the athletics program also financially supports campus alcohol harm reduction programs.

Indiana has opened up the Henke Hall of Champions to fans who purchase season tickets in the club level. This package includes amenities such as beer and wine for purchase. This ticket package can be purchased for about $800.

When asked last summer by reporters if the university would expand alcohol sales to general seating areas, athletic director Fred Glass said “ I think that it probably” will happen.

The fan experience

A decade ago, only about a dozen top-tier schools turned on the taps at football games. That number has climbed to more than 50 out of the 129 Football Bowl Subdivision programs, according to the Des Moines Register and other media reports.



Despite concerns from some fans about ruining the game-day experience, schools have been jumping on the beer wagon. It’s largely seen as a way to boost attendance and revenue, especially as younger fans find stay-at-home alternatives to watching games.

Whether controlling alcohol sales inside stadiums and arenas has cut down on arrests and ejections because of public intoxication, underage drinking, and unruly fan behavior is still largely anecdotal.

Several schools contacted for this story said problem drinking has decreased since starting to sell alcohol. The majority of problems at some schools involved people under the age of 21 attempting to buy alcohol.

David Jernigan, professor in the department of health law, policy and management at Boston University’s School of Public Health, is a nationally recognized expert on youth alcohol trends. While he said there is no hard data on how school-sanctioned game-day drinking in stadiums has impacted public health and safety and athletic department bottom lines, he noted that “ earlier experience and research was not encouraging from a public health perspective.”

Jernigan said it will likely be years before there is enough research to thoroughly evaluate this trend in college athletics.

Lincoln Journal Star March 14, 2019


Husker coach suspended after drunk driving arrest

Written by Riley Johnson

Nebraska women's tennis head coach Scott Jacobson has been suspended without pay after Lincoln police arrested him on suspicion of drunk driving following a traffic stop last week.

Jacobson will not be involved in any team activities, practices or competitions during the suspension, which began Wednesday and runs through March 27, Nebraska athletics director Bill Moos said in a statement.

Jacobson, 59, was taken to The Bridge for detox March 7 following a traffic stop in west Lincoln, officer Luke Bonkiewicz said.

Just after 9:45 that night, a Lincoln police officer stopped Jacobson's 2008 Honda Accord after the officer saw it briefly driving on the dirt shoulder along West South Street between South Folsom and Southwest 16th streets, Bonkiewicz said.

The officer smelled a "moderate" odor of alcohol on his breath, reported that Jacobson's eyes were bloodshot and detected impairment during a field-sobriety test, Bonkiewicz said.

At The Bridge, Jacobson's blood-alcohol content was measured at .127 percent, according to police.

Jacobson was ticketed on suspicion of first-offense and negligent driving. Charges had not been filed against him as of Thursday.

Omaha World-Herald March 19, 2019


Capitol Digest: Former Bud distributor on liquor board; new plan for farmland valuation

Written by Paul Hammel

The World-Herald’s Statehouse reporters round up news highlights from the Legislature and state government into the Capitol Digest — a daily briefing for the political newshound with a busy schedule.

Bud man on the liquor board. With no debate, the Nebraska Legislature on Tuesday confirmed the appointment of former Budweiser distributor Harry Hoch to the Nebraska Liquor Control Commission.

The appointment by Gov. Pete Ricketts of Hoch had drawn some criticism from activists who stopped beer sales in Whiteclay, Nebraska, and those who oppose binge drinking. They questioned whether someone from the liquor industry would have voted to shut down Whiteclay beer sales.

But State Sen. Tom Briese of Albion, who heads the legislative committee that handles liquor issues, said Hoch would bring valuable experience to the board.

Hoch, who sold his distributorship in 2015, said he recently sold off 200 shares of stock in Budweiser, which ended questions about whether he still had financial ties to the industry. He has pledged to faithfully enforce state liquor laws and not pick “winners and losers.”



Omaha police officer in hospital after suspected drunken driver hit cruiser

Written by Alia Conley

An Omaha police officer is recovering Friday after his cruiser was struck by a suspected drunken driver.

A vehicle driven by a 27-year-old man collided with Officer Jeremy Zipay’s vehicle about 2:15 a.m. Friday near 72nd and Maple Streets.

Zipay was briefly pinned inside his cruiser. He had to be cut out of the vehicle. He told medical personnel that he had pain in the back of his head.

An Omaha Police Department spokesman said the other driver was intoxicated and complained of wrist pain. The man was ticketed on suspicion of driving under the influence and having no proof of insurance.

About five hours later, Zipay tweeted from Creighton University Medical Center-Bergan Mercy that he was doing OK.

“I am currently under concussion observation but (it) appears nothing permanent, just very sore,” he wrote. “Thanks to everyone for thinking of me.”

Zipay also said he was happy that the driver didn’t hit a civilian.

“Sadly I am glad that the DUI driver hit me instead of some other innocent driver,” he wrote.

He also thanked fellow officers and the Omaha Fire Department for help at the scene of the collision.

Unicameral Update March 26, 2019


Bills would change alcohol taxation The General Affairs Committee heard testimony March 25 on two bills that would change how alcohol is taxed in Nebraska.

LB723, introduced by Omaha Sen. Tony Vargas, would lower an alcohol manufacturer’s or wholesaler’s per-gallon excise taxes as follows:

• from 31 cents to 25 for beer;

• from 95 cents to 90 for wine from non-farm wineries;

• from six cents to five for wine from farm wineries; and

• from $3.75 to $3.50 for alcoholic spirits.

Vargas said the bill would allow breweries to hire more employees and buy additional equipment.

“We’ve seen that we’re not as competitive as we can be in Nebraska when it comes to excise taxes,” he said.

Lindsey Clements, owner of a brewery in Omaha, testified in support of the bill. She said reducing taxes would help her business grow. Omaha-based breweries must compete with nearby Iowa businesses that are paying 12-cents less per gallon of beer in excise tax, she said.

“LB723 makes a clear statement that craft beer is welcome in our state,” Clements said.

Chris Wagner, director of Project Extra Mile, testified against LB723. Wagner said the bill would cost the state revenue and lead to more alcohol consumption.

“Cheaper alcohol leads to excessive rates of drinking,” Wagner said. “Higher alcohol taxes save lives.”

Vargas also introduced LB682, which would tax alcoholic spirits as proof gallons—liquor that is at least 50 percent alcohol. The bill would not affect the tax rate for beer and wine. LB682 also would require the Nebraska Liquor Control Commission to create a labelling system for alcoholic spirits sold in the state.

Vargas said all alcohol currently is taxed by the wine gallon, regardless of the product’s alcohol content, placing an unfair burden on certain manufacturers.

“This is a much fairer system for allowing breweries into the marketplace with mixed-beverage products,” Vargas said.

Zac Triemert, owner of an Omaha brewery, testified in support of the bill. He said there has been a recent rise in “ready to drink” beverages that are like a mixed drink in a can. It is a market that Nebraska is missing out on, he said.

“LB682 would create a whole new viable business in Nebraska,” Triemert said. “Currently, Nebraska is collecting very few dollars from spirits-based RTDs and I’d like to change that.”

Omaha pastor Portia Cavitt testified against the bill. She said the negative consequences of increased drinking far outweigh any gains from lower taxes.

The committee took no immediate action on either bill.



'It's war': Omaha strip club files federal suit after being ticketed

Written by Paul Hammel

LINCOLN — A controversial central Omaha club that allows nude dancing has filed a federal lawsuit after being cited on suspicion of allowing alcohol consumption without a license.

The club’s owner, Shane Harrington, pledged Tuesday to be “the biggest pain in the a**” in light of a recent crackdown by Omaha police, including possibly resuming street-side protests involving nearly nude dancers.

“It’s war,” he said.

But a city attorney responded that the city cannot ignore violations of the law.

Club Omaha, whose business model inspired the Legislature to pass a law last year requiring liquor licenses for “bottle clubs,” filed its lawsuit Thursday after three of its employees were ticketed by Omaha police on March 12.

The citations, for allowing consumption of alcohol in a public place without a license, are apparently the first filed under the new law. They are misdemeanors, punishable by up to a $500 fine.

The lawsuit is the latest in a string filed by Harrington, who has long maintained that his clubs are persecuted because they provide adult entertainment.

His latest argument? His members-only, private club isn’t a “public place,” so it is not subject to the new law, which requires “any place open to the general public” that allows people to bring their own bottle of liquor, beer or wine to obtain a state bottle club license.

“We don’t believe we’re a bottle club,” Harrington said, because only paying members are allowed to enter.

He lost round one on Tuesday when U.S. District Judge Laurie Smith Camp rejected a request for a restraining order that would have blocked police from using information gathered during three recent visits to the club at 7301 Farnam St. The club had maintained that police had no right to enter the private club and that their searches were illegal.

Harrington, who is in the process of moving his Omaha club to near 120th Street and West Center Road, said in an interview that he expected to lose in court on Tuesday.

“We just want to see where we stand, where they stand,” he said, “because we’re moving into a new place, a ‘forever home.’ ”

Harrington said that he plans to move to his new location on Sunday and to decide by then whether he needs to stop allowing club members to bring their own booze, or apply for a liquor license or bottle club license. Another option: The new club is adjacent to an existing nightclub, Rehab, and he could just allow his patrons to go next door for their drinks.

“I’m not sure what our next step is,” Harrington said.

He already has a state lawsuit underway in Lancaster County, contesting the bottle club law, Legislative Bill 1120, as unconstitutional. And his federal lawsuit, despite the setback on Tuesday, also awaits a day in court.



After the bill was passed, Club Omaha suspended alcohol use for about six weeks, then informed Omaha and state officials, by email, that it was resuming the practice of allowing members to bring their own. In the email, Harrington’s attorney maintained that the new state law, as well as an Omaha ordinance passed after that, did not apply to Club Omaha because it wasn’t open to the public and because liquor use was “incidental” to the purpose of the facility, which was adult entertainment.

The attorney, Evan Spencer of New York City, also made an offer to the city in an email last year: If Club Omaha was allowed to “return to our original format,” it would cease holding street-side protests featuring scantily clad dancers and would stop posting “political cartoons” on its Facebook page that lampoon public officials. The attorney also pledged that Harrington would stop looking for a location in Omaha’s Old Market.

Harrington said the email didn’t generate a response.

Will Acosta-Trejo of the City Law Department said that once LB 1120 became law, the city had no choice but enforce it.

“We can’t have side deals with clubs,” he said.

KETV Tuesday, April 9, 2019


Man guilty of procuring to minor who died in crash is sentenced to 1 year in prison, probation

Written by KETV

OMAHA, Neb. — A man was sentenced to one year in prison and probation after being charged with procuring to a minor who died in a crash.

Kevin Hart, 29, appeared in court Tuesday morning after pleading no contest in November.

Prosecutors said Hart knew exactly what he was doing and was repeatedly selling to minors for months. They asked for him to be punished for the pain he has caused. George Gervase, 17, died in Elkhorn. He lost control near 192nd and Pacific streets

Hart's defense said there had been a huge party and that not all of the alcohol came from Hart.

Prosecutors said a trail of evidence led to a break in the case, including surveillance that shows 29-year-old Kevin Hart selling alcohol to three minors on Oct. 11.

Investigators believe two of those teenagers then sold it to Gervase.

According to an affidavit from the Douglas County district court, Gervase arrived at the Elkhorn High School parking lot at around 11:45 p.m. Oct. 11.

Hart's attorney said he is a good man who feels terrible remorse and has done everything that he should do ever since he got out of jail on bond.

Hart's attorney also brought up his lack of a criminal record and four years of honorable military service.

Judge Timothy Burns told Hart it's an absolute nightmare for a family to have to bury their child, and in hindsight he believes Hart would change things if he could.

Burns acknowledged that Hart had no previous record and served four years in the military.

Burns sentenced Hart to one year in prison and credit for the days already served, along with 18 months of probation to follow.

omaha coalition meeting 4.10.19 print - project extra mile · brandt, pansing brooks, halloran name...

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