(A) Any person or persons desiring to obtain a license to sell alcoholic liquor at retail shall file an application with the Liquor Control Commission. Upon receipt from the Commission of the notice and copy of the application as provided in Neb. RS 53-131, the governing body shall fix a time and place at which a hearing will be held, and at which time the governing body shall receive evidence, under oath, either orally, or in writing, from the applicant and any other person concerning the propriety of the issuance of such license. Such hearing shall be held not more than 45 days after the receipt of notice from the Commission. The governing body may examine, or cause to be examined, under oath, any applicant; examine, or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the governing body may authorize its agent, the Municipal Clerk or the Municipal Attorney, to act on its behalf.
(B) Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the municipality one time not less than seven, nor more than 14, days before the time of the hearing. Such notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the governing body in support of or in protest against the issuance of such license may do so at the time of the hearing.
(C) The governing body shall, after the hearing provided in division (A) above, approve or deny the application within 45 days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application. The Municipal Clerk shall thereupon mail or deliver to the Commission a copy of the resolution within ten days of the decision to approve or deny the application.
(D) Any resolution denying an application rendered by the governing body shall be in writing or stated in the record and shall be accompanied by findings. The findings shall consist of concise statements of the conclusions upon each contested issue. The applicant shall be notified of the decision in person or by mail.
(Prior Code, § 10-107) (Ord. 168, passed 4-6-1993) Penalty, see § 110.99
Statutory reference:
Related provisions, see Neb. RS 53-131, 53-132, 53-134