(A) The holder of a Class C, Class D or Class I license issued under Neb. RS 53-124, subdivision (5), or a craft brewery license, may obtain an annual catering license as prescribed in this section. Any such licensee desiring to obtain a catering license shall file an application with the Liquor Control Commission.
(B) Upon receipt from the Commission of the notice and copy of the application as provided in Neb. RS 53-124.12, the governing body shall fix a time and place at which a hearing will be held and at which 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. The hearing shall be held not more than 45 days after the receipt of the 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; hear testimony; and 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-Treasurer or the Municipal Attorney, to act on its behalf.
(C) Notice of the time and place of the 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. The 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 the license may do so at the time of the hearing.
(D) After the hearing, the governing body shall approve or deny the application within 45 days after receipt of the application from the Commission and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying issuance of the license. The Municipal Clerk-Treasurer shall thereupon mail or deliver to the Commission a copy of the resolution within ten days of its adoption.
(E) Any resolution rendered by the governing body denying an application 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. A copy of the decision and order and accompanying findings shall be delivered or mailed to the applicant upon request.
(F) The governing body with respect to catering licensees within its corporate limits may cancel a catering license for cause for the remainder of the period for which the license is issued. Any person whose catering license is canceled may appeal to the District Court.
(1997 Code, § 10-124)
Statutory reference:
Authority or similar provisions, see Neb. RS 53-124.12, 53-132, 53-134