(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