Omaha council delays evidentiary hearing on Crush Ultra Lounge liquor-license cancellation to Feb. 11

The Omaha City Council voted 7-0 to delay an evidentiary hearing on a resolution to cancel the Class C liquor license of Crush Ultra Lounge until Feb. 11, the council said during a special pre-council meeting.

Attorney Bill Bianco, speaking on behalf of Crush Ultra Lounge and standing with owner Tony Pham, told the council the licensee received a large volume of evidence the same morning and asked for more time to review it. "I also have a CD, thumb drive with 20 hours of evidence," Bianco said, asking the council to continue the matter to "the next date available" (Feb. 11).

David Grauman of the City of Omaha Law Department told the council the law department had "no objection to the continuance" and described the request as reasonable given the amount of material to review. Grauman also said the city would supplement the record if additional tavern or incident reports emerged.

Council discussion clarified that the proceeding to be held Feb. 11 will be an evidentiary hearing under city code section 15-303, not a public-comment hearing. Grauman summarized the process the council will follow: the licensee (through Bianco or Tony Pham) will present witnesses and evidence, community witnesses will follow, city witnesses (likely Omaha police officers) will be called, and both sides will have opportunities for cross-examination and rebuttal.

Council members agreed to place the evidentiary hearing as the last item on the Feb. 11 regular meeting agenda, which begins at 2 p.m.; council members noted that, depending on the length of that meeting, the hearing could occur in the evening. When asked whether the bar would be allowed to remain operational until the council acts, Bianco said, "I have no problem with that, your honor." Grauman added he would notify Bianco if the city had any additional materials to include in the record.

Roll call on the motion to lay the matter over recorded Melton: Yes; Roe: Yes; Begley: Aye; Harding: Yes; Hugg: Yes; Johnson: Yes; and the presiding council president: Yes. The motion passed 7-0.

The council did not take final action on the underlying resolution to cancel the license at the pre-council meeting; instead it set the evidentiary hearing for Feb. 11 and preserved the record for additional evidence to be submitted before that date.