(A) Application. Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file an application with the Nebraska Liquor Control Commission as required by the Nebraska Liquor Control Act and the rules and regulations adopted pursuant thereto. The commission shall then notify the city clerk of the filing of said application by registered or certified mail.
(B) Scheduling of municipal hearing. The governing body shall then set the time and place for a hearing regarding said application and give notice thereof pursuant to subsection 4-31(C). Such hearing shall be held within 21 days of the date the city receives notice of the application from the commission.
Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the council that prejudice would result therefrom.
(C) Notice of municipal hearing. Notice of the hearing shall be given to the applicant by the city clerk and shall contain the date, time and location of the hearing. 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.
(D) Procedures applicable to municipal hearing.
(1) Hearings will be informal and will be conducted by the mayor. The intent is that the hearing will allow an inquiry into the facts, and not become an adversary action.
(2) 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 the city clerk, city administrator, city attorney, or other duly designated agent, to act on its behalf.
(3) The governing body and its representatives shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing, including the admission or exclusion of testimony or other evidence. The governing body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The mayor may limit testimony where it appears incompetent, irrelevant, or unduly repetitious. Each witness may present his or her testimony in narrative fashion or by question and answer. Evidence may be received orally or by affidavit given under oath. All witnesses shall be sworn.
(4) If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function, who shall notify the city administrator of his/her representation prior to the start of the hearing.
(5) In all cases, the burden of proof and persuasion shall be on the party filing the application.
(6) Any member of the governing body, the city attorney, and the city administrator may question any witness, call witnesses, or request information.
(E) Recommendation to the control commission. After the governing body has conducted a hearing regarding an application, it shall determine the desirability of the application and shall adopt a resolution recommending either issuance or refusal of such license. The resolution shall be spread at large in the minute record of the council meeting and a copy of said resolution shall be mailed to the Nebraska Liquor Control Commission by first class mail, postage prepaid, together with a statement of the cost of the published notice. The city must report its recommendation for approval or denial to the Nebraska Liquor Control Commission within 45 days of its receipt of the notice of the pending application from the Nebraska Liquor Control Commission.
(1964 Code, § 3-3) (Ord. 2424, § 1, passed 6-9-1986)