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(A) Except as otherwise provided in division (B) of this section, no license shall be issued for the sale at retail of any alcoholic liquor within 150 feet of any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children. This prohibition does not apply to any location within such distance of 150 feet:
(1) For which a license to sell alcoholic liquor at retail has been granted by the Nebraska Liquor Control Commission for two years continuously prior to making of application for license;
(2) To hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935; or
(3) To a college or university in the state which is subject to Neb. RS 53-177.01.
(B) If a proposed location for the sale at retail of any alcoholic liquor is within 150 feet of any church, a license may be issued if the Commission gives notice to the affected church and holds a hearing as prescribed in Neb. RS 53-133.
(Neb. RS 53-177)
(C) No alcoholic liquor, other than beer, shall be sold for consumption on the premises within 300 feet from the campus of any college or university within the municipality, except that this section:
(1) Does not prohibit a nonpublic college or university from contracting with an individual or corporation holding a license to sell alcoholic liquor at retail for the purpose of selling alcoholic liquor at retail on the campus of such college or university at events sanctioned by such college or university but does prohibit the sale of alcoholic liquor at retail by such licensee on the campus of such nonpublic college or university at student activities or events; and
(2) Does not prohibit sales of alcoholic liquor by a community college culinary education program pursuant to Neb. RS 53-124.15.
(Neb. RS 53-177.01).
(1973 Code, § 10-103) (Ord. 837, passed 1-12-2012) Penalty, see § 10.99
Statutory reference:
State Commission may waive 300-foot requirement, see Neb. RS 53-177.01
Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premise which has any access which leads from the premise to any other portion of the same building used for dwelling or lodging purposes, and which is permitted to be used by the public. Nothing herein shall prevent any connection with the premise, and any other portion of the building which is used only by the licensee, his or her family, or personal guests.
(Neb. RS 53-178) (1973 Code, § 10-104) Penalty, see § 10.99
Every licensee under the State Liquor Control Act shall cause his or her license to be framed and hung in plain public view in a conspicuous place on the licensed premise.
(Neb. RS 53-148) (1973 Code, § 10-105) Penalty, see § 10.99
(A) No license shall be issued to:
(1) A person who is not a resident of this state, except in case of railroad, airline, or boat licenses;
(2) A person who is not of good character and reputation in the community in which he or she resides;
(3) A person who is not a citizen of the United States;
(4) A person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States;
(5) A person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant Neb. RS Chapter 28, Art. 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state, except that any additional requirements imposed by this division on May 18, 1983, shall not prevent any person holding a license on that date from retaining or renewing that license if the conviction or plea occurred prior to May 18, 1983;
(6) A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause;
(7) A person who at the time of application for renewal of any license issued under the Act would not be eligible for that license upon initial application;
(8) A partnership, unless one of the partners is a resident of this state and unless all the members of that partnership are otherwise qualified to obtain a license;
(9) A limited liability company, unless one of the members is a resident of this state and unless all the members of that company are otherwise qualified to obtain a license;
(10) A corporation, if any officer or director of the corporation or any stockholder owning in the aggregate more than 25% of the stock of that corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in divisions (A)(1) and (A)(3) of this section, or if a manager of a corporate licensee would be ineligible to receive a license under this section for any reason. This division shall not apply to railroad licenses;
(11) A person whose place of business is conducted by a manager or agent, unless that manager or agent possesses the same qualifications required of the licensee;
(12) A person who does not own the premises for which a license is sought or does not have a lease or combination of leases on the premises for the full period for which the license is to be issued;
(13) Except as provided in this division, an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such an applicant shall become eligible for a liquor license only if the Nebraska Liquor Control Commission finds from the evidence that the public interest will not be infringed upon if the license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license, the applicant is also ineligible to receive a liquor license. This prima facie evidence shall be overcome if it is shown to the satisfaction of the Commission:
(a) The licensed business will be the sole property of the applicant; and
(b) The licensed premises will be properly operated.
(14) A person seeking a license for premises which do not meet standards for fire safety as established by the State Fire Marshal;
(15) A law enforcement officer, except that this division shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization; or
(16) A person less than 21 years of age.
(B) When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or person who is mentally incompetent.
(Neb. RS 53-125) (1973 Code, § 10-106) Penalty, see § 10.99
Retail liquor licenses issued by the Commission and outstanding may be automatically renewed in the absence of a request by the City Council to require the licensee to issue an application for renewal. The City Clerk/Treasurer, upon notice from the Commission, between January 10 and January 30 of each year, shall cause to be published in a legal newspaper in, or of general circulation in the city, one time, a notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the city; provided, Class C license renewal notices shall be published between the dates of July 10 and July 30 of each year. The City Clerk/Treasurer shall then file with the Commission proof of publication of the notice on or before February 10 of each year or August 10 of each year for Class C licenses. In the event that written protests are filed by three or more residents of the city against the license renewal, the City Clerk/Treasurer shall deliver the protests to the City Council who shall thereupon proceed to notify the Commission that they are to require the licensee to submit an application.
(Neb. RS 53-135 and 53-135.01) (1973 Code, § 10-108) (Ord. 495, passed 5-8-1980)
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