(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