(A) (1) 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 City Council shall fix a time and place at which a hearing will be held, and at which time the City Council shall receive evidence, under oath, either orally, or in writing, from the applicant and any other person concerning the propriety of the issuance of the license. The hearing shall be held not more than 45 days after the receipt of notice from the Commission. The City Council may examine, or cause to be examined, under oath, the books and records of any applicant; to hear testimony and to take proof for its information in the performance of its duties.
(2) For purposes of obtaining any of the information desired, the City Council may authorize its agent, the City Clerk or the City Attorney, to act on its behalf.
(B) Notice of the time and place of the hearing shall be published in a legal newspaper in, or of general circulation in, the city 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 City Council in support of or in protest against the issuance of the license may do so at the time of the hearing.
(C) The City Council shall, after the hearing provided in division (A) above, approve or deny the application within 45 days of 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 the application. The City 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 City Council 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, § 10-307) (Ord. 2-92, passed 3-2-1992) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 53-131, 53-132, 53-134