(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