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Council dismisses complaint against Pacific Convenience Mart after neighbors describe loitering and litter

2687501 · March 12, 2025
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Summary

City Council dismissed a citizen complaint alleging the Pacific Convenience Mart was creating a public nuisance of intoxicated people, litter and loitering; staff and council urged neighbors and the store to work together but kept enforcement options available.

The Omaha City Council dismissed a complaint on March 18 alleging that Pacific Convenience Mart was fueling public nuisance problems—specifically, sales of single-serve “shooters,” public intoxication, litter and loitering—after hours of testimony from nearby property managers and tenants.

Proponents representing nearby property owners told the council their buildings, tenants and customers had been repeatedly affected. Noah Huber, a property manager for nearby commercial buildings, said the site had drawn intoxicated individuals and that managers and tenants had repeatedly found small liquor containers and other litter on adjacent properties. Mike Huber, owner of a neighboring retail strip, said the store had become “a magnet drawing homeless people” and that his team had photographed hundreds of small liquor containers scattered across adjacent lots.

The store owner’s counsel disputed the claim that his client caused the problems, said his client had not received prior notice about the complaints, and offered to meet with neighbors to address safety or litter issues. The convenience store owner testified they keep multiple exterior cameras and said they regularly clean around the site.

Legal context and council action: The hearing was convened under Nebraska Revised Statute 53-134.04, which allows city councils to hear complaints that a retail liquor licensee is violating the Nebraska Liquor Control Act or Liquor Commission rules. Deputy City Attorney Ryan Wiesen summarized the council’s procedural options, including dismissal, referral to the state Liquor Control Commission to require a new long-form license application, or recommendation of suspension or revocation for more serious violations.

After hearing evidence from both sides, Councilwoman Milton moved to dismiss the complaint. She said the record did not show sufficient evidence tying the litter and loitering specifically to sales by the Pacific Convenience Mart rather than other nearby outlets. The council voted unanimously, 7–0, to dismiss the complaint while urging neighbors and the store to meet and asking city resources (including the homeless services team) to follow up on loitering and public-safety concerns.

Why it matters: Neighbors said the pattern of public intoxication and litter had harmed tenants and visitors to nearby offices and retail; the council’s dismissal means no immediate regulatory sanctions were imposed, but council members and staff pressed both sides to cooperate and flagged enforcement options if violations persist.

Follow-up and enforcement mechanisms: Council members encouraged complainants to call the nonemergency police line or the city’s homeless-services coordinator when public-safety or encampment issues arise. The council also recorded that a dismissal does not bar a future complaint: citizens may refile if additional or stronger evidence is developed.

Ending: Council members framed the vote as a call to local problem-solving and said they would revisit enforcement if substantiated, ongoing violations are documented.