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(A) Notice. Notice of a hearing held pursuant to Neb. RS 53-134 shall be given to the applicant by the Municipal Clerk and shall contain the date, time and location of the hearing. 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 governing body that prejudice would result therefrom.
(B) Procedure.
(1) Hearings will be informal and conducted by the Municipal Attorney. The intent is an inquiry into the facts, not an adversarial action. Each witness may present his or her testimony in narrative fashion or by question and answer. The governing body may order the hearing to be recorded by the Clerk, at the expense of the applicant(s).
(2) The governing body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Municipal Attorney may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to the application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witness in favor of such application, he, she or they shall choose a spokesperson to perform such function who shall notify the Municipal Attorney of his or her representation prior to the start of the hearing.
(3) The order of the proceedings is as follows:
(a) Exhibits will be marked in advance by the Clerk and presented to the Municipal Attorney during the presentation;
(b) Presentation of evidence, witnesses and arguments by the applicant;
(c) Testimony of any other citizens in favor of such proposed license;
(d) Examination of applicant, witnesses or citizens by the Municipal Attorney, governing body or duly appointed agent;
(e) Examination of applicant, witnesses or citizens by the spokesperson for opposition, if any;
(f) Presentation of evidence and witnesses by the opposition;
(g) Testimony of any other citizens in opposition to such proposed license;
(h) Presentation of evidence by the municipality and law enforcement personnel;
(i) Cross-examination by the applicant;
(j) Rebuttal evidence by both parties and by the municipal administration and agent; and
(k) Summation by the applicant and the opposition spokesperson, if any.
(4) In all cases, the burden of proof and persuasion shall be on the party filing the application.
(5) Any member of the governing body and the Municipal Attorney may question any witness, call witnesses or request information.
(6) All witnesses shall be sworn.
(7) The governing body may make further inquiry and investigation following the hearing.
(8) The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant(s).
(Prior Code, § 10-103)
Statutory reference:
Related provisions, see Neb. RS 53-134
(A) Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122.
(B) The governing body shall only consider the following licensing standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the governing body to the state’s Liquor Control Commission in accordance with the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122:
(1) The adequacy of existing law enforcement resources and services in the area;
(2) The recommendation of any law enforcement agency in the area;
(3) Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems and the proximity and availability of on-street and off-street parking;
(4) Zoning restrictions and the local governing body’s zoning and land use policies;
(5) Sanitation or sanitary conditions on or about the proposed licensed premises;
(6) The existence of a citizen’s protest and similar evidence in support of or in opposition to the application;
(7) The existing population and projected growth within the jurisdiction of the local governing body and within the area to be served;
(8) The existing liquor licenses, the class of such license and the distance and times of travel between establishments that issued such licenses;
(9) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located;
(10) Whether the type of business or activity proposed to be operated or presently operated in conjunction with the proposed license is and will be consistent with the public interest as declared in Neb. RS 53-101.1;
(11) Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled in accordance with Neb. RS 53-168.06;
(12) Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which is reasonably secured;
(13) Whether the applicant is fit, willing and able to properly provide the service proposed in conformance with all the provisions and requirements of rules and regulations adopted and promulgated pursuant to the Act;
(14) Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions and requirements of and rules and regulations adopted and promulgated pursuant to the Act;
(15) The background information of the applicant established by information contained in the public records of the Commission and investigations conducted by law enforcement agencies;
(16) Past evidence of discrimination involving the applicant as evidenced by findings of fact before any administrative board or agency of the local governing body, any other governmental board or agency of the local governing body, any other governmental unit or any court of law;
(17) Whether the applicant or the applicants representatives suppressed any fact or provided any inaccurate information to the Commission or local governing body or the employees of the Commission or the local governing board in regard the license application or liquor investigations. The applicant shall be required to cooperate in providing a full disclosure to the investigating agents of the local governing body;
(18) Proximity of and impact on schools, hospitals, libraries, parks and other public institutions;
(19) Whether activities proposed to be conducted on the licensed premises or in adjacent relate outdoor areas will create unreasonable noise or disturbance; and
(20) Compliance with state law, liquor rules and regulations and municipal ordinances and regulations and whether or not the applicant has ever forfeited bond to appear in court to answer charges of having committed a felony or charges of having violated any law or ordinance enacted in the interest of good morals and decency or has been convicted of violating or has forfeited bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquor.
(C) It shall be the applicant’s duty to produce evidence pertaining to the designated criteria prescribed in this section. The burden of proof and persuasion shall be on the party filing the application. When applicable for the purposes of this section, the term “applicants”, as used herein, is synonymous with “license”.
(Prior Code, § 10-104)
Statutory reference:
Related provisions, see Neb. RS 53-134
(A) Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file an application with the Liquor Control Commission. The Commission shall then notify the Municipal Clerk by registered or certified mail. The governing body shall then meet and determine the desirability of the application and report its recommendation for approval or denial of the application in writing to the state’s Liquor Control Commission within 45 days of receipt from the state’s Liquor Control 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; 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, Municipal Clerk or the Municipal Attorney to act on its behalf. The governing body may conduct the examination and hold the 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 shall receive evidence, under oath, either orally or by affidavit, from the applicant and any other person concerning the propriety of the issuance of such license. 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 the given evidence before the local governing body in support of or in protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than 45 days after the receipt of notice from the Commission.
(B) After such hearing, the governing body shall cause to be spread at large in the minute record of its proceedings a resolution recommending either issuance or refusal of such license.
(C) The Municipal Clerk shall thereupon mail or deliver to the Commission a copy of the resolution.
(Prior Code, § 10-105)
Statutory reference:
Related provisions, see Neb. RS 53-131, 53-132, 53-134
(A) The holder of a Class C, Class D or Class I license issued under Neb. RS 53-124(5) 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 time 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. Such hearing shall be held not more than 45 days after the receipt of 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; 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, Municipal Clerk or the Municipal Attorney to act on its behalf.
(C) 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 the given evidence before the local governing body in support of or in protest against the issuance of such license may do so at the time of the hearing.
(D) The governing body shall, after the hearing, approve or deny the application within 45 days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application. The Municipal 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.
(E) (1) Any resolution denying an application rendered by the governing body shall be in writing or stated in the record and shall be accompanied by findings.
(2) The findings shall consist of concise statements of the conclusions upon each contested issue.
(3) The applicant shall be notified of the decision in person or by mail.
(F) The governing body with respect to catering licenses within its corporate limits may cancel a catering license for cause for the remainder of the period for which such license is issued. Any person whose catering license is cancelled may appeal to the District Court.
(Prior Code, § 10-106)
Statutory reference:
Related provisions, see Neb. RS 53-124.12, 53-132, 53-134
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