Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file with the Liquor Control Commission. The Commission shall then notify by registered or certified mail the Municipal Clerk-Treasurer. The governing body shall then meet and determine the desirability of the application and report in writing or in person to the Commission within 30 days. 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 the purpose of obtaining any of the information desired, the governing body may authorize its agent, or the Municipal Attorney, to act on its behalf. The governing body may hold the said examination and hearing upon the receipt from the Commission of the notice and copy of the application. The governing body shall fix a time and place at which a hearing will be held, and at which time the governing body may receive competent evidence under oath, either orally, or by affidavit, from the applicant or any other person concerning the propriety of the issuance of such license. Notice 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 local governing body in support of or protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than 21 days after the receipt of the Commission’s letter of notice and after such hearing, the governing body shall cause to be spread at large in the minute record of their proceedings a resolution recommending either issuance or refusal of said applicant. The Municipal Clerk-Treasurer shall thereupon mail to the Commission a copy of the resolution which shall state the cost of the published notice, except that failure to hold a hearing and to examine the said applicant shall not render void any license issued by the Commission. In the event the Commission refuses to issue a license, the cost of the publication of notice as herein required shall be paid by the Commission.
(1997 Code, § 10-107)
Statutory reference:
Authority or similar provisions, see Neb. RS 53-131, 53-134