(A) No license to sell at retail alcoholic beverages shall be issued to:
(1) A person who is not a resident of Nebraska, except in case of railroad, airline or boat licensees;
(2) A person who is not of good character and reputation in the community in which he or she resides;
(3) A person who is not a citizen of the United States;
(4) A person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state or the United States;
(5) A person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant the Neb. RS Chapter 28, Article 3, 4, 8, 10, 11 or 12, or any similar offense under a prior criminal statute or in another state, except that any additional requirements imposed by this division (A)(5) on May 18, 1983, shall not prevent any person holding a license on such date from retaining or renewing such license if the conviction or plea occurred prior to May 18, 1983;
(6) A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause;
(7) A person who at the time of application for renewal of any license issued under the Act would not be eligible for such license upon initial application;
(8) A partnership, unless one of the partners is a resident of Nebraska and unless all the members of such partnership are otherwise qualified to obtain a license;
(9) A limited liability company, unless one of the members is a resident of Nebraska and unless all the members of such company are otherwise qualified to obtain a license;
(10) A corporation, if any officer, manager or director of the corporation or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in divisions (A)(1) and (A)(3) above, except that a manager of a corporate licensee shall be a resident of Nebraska. This division (A)(10) shall not apply to railroad licenses;
(11) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee;
(12) A person who does not own the premises for which a license is sought or does not have a lease or combination of leases on such premises for the full period for which the license is to be issued;
(13) (a) Except as provided in this division (A)(13), an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such applicant shall become eligible for a liquor license only if the Liquor Control Commission finds from the evidence that the public interest will not be infringed upon if such license is granted.
(b) It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license the applicant is also ineligible to receive a liquor license.
(c) Such prima facie evidence shall be overcome if it is shown to the satisfaction of the Commission:
1. The licensed business will be the sole property of the applicant; and
2. Such licensed premises will be properly operated;
(14) A person seeking a license for premises which do not meet standards for fire safety as established by the State Fire Marshal;
(15) A law enforcement officer, except that this division (A)(15) shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization; or
(16) A person less than 21 years of age.
(B) When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or person who is mentally incompetent.
(1997 Code, § 10-106)
Statutory reference:
Authority or similar provisions, see Neb. RS 53-125