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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(6) A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause;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)
(A) The governing body is authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, craft brewery, and microdistillery licensees carried on within the corporate limits of the municipality.
(Neb. RS 53-134.03)
(B) During the period of 45 days after the date of receipt by mail or electronic delivery from the Nebraska Liquor Control Commission notice and a copy of an application for a new license to sell alcoholic liquor at retail, a craft brewery license, or a microdistillery license, the governing body may make and submit to the Commission recommendations relative to the granting or refusal to grant the license to the applicant.
(Neb. RS 53-131)
(C) The governing body, with respect to licenses within the corporate limits of the municipality, has the following powers, functions, and duties with respect to retail, craft brewery, and microdistillery licenses:
(1) To cancel or revoke for cause retail, craft brewery, or microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the Nebraska Liquor Control Commission;
(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act to determine whether any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is being violated, and at that time examine the premises of the licensee in connection with such determination. Any law enforcement officer who determines that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is being violated shall report such violation in writing to the Executive Director of the Commission:
(a) Within 30 days after determining that such violation has occurred;
(b) Within 30 days after the conclusion of an ongoing police investigation; or
(c) Within 30 days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later;
(3) To receive a signed complaint from any citizen within its jurisdiction that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon these complaints in the manner provided in the Act;
(4) To receive retail, craft brewery, and microdistillery license fees as provided in Neb. RS 53-124 and 53-124.01 and pay the same, after the license has been delivered to the applicant, to the Municipal Treasurer;
(5) To examine or cause to be examined any applicant or any retail, craft brewery, or microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in the Act, to examine or cause to be examined the books and records of any applicant or licensee, and to hear testimony and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the governing body may authorize its agent or attorney to act on its behalf;
(6) To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided for citizen complaints, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. The order of cancellation or revocation may be appealed to the Commission within 30 days after the date of the order by filing a notice of appeal with the Commission. The Commission shall handle the appeal in the manner provided for hearing on an application in Neb. RS 53-133; and
(7) Upon receipt from the Commission of the notice and copy of application as provided in Neb. RS 53-131, to fix a time and place for a hearing at which the governing body shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a license. Notice of the time and place of the hearing shall be published in a legal newspaper in or of general circulation in the municipality, one time not less than seven and not more than 14 days before the time of the hearing. The notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the governing body in support of or in protest against the issuance of the license may do so at the time of the hearing. The hearing shall be held not more than 45 days after the date of receipt of the notice from the Commission, and after the hearing the governing body shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of the license. The Municipal Clerk shall mail to the Commission by first class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the Commission. If the Commission refuses to issue such a license, the cost of publication of notice shall be paid by the Commission from the security for costs.
(Neb. RS 53-134)
(D) (1) When the Nebraska Liquor Control Commission mails or delivers to the Municipal Clerk a retail, craft brewery, or microdistillery license issued or renewed by the Commission, the Clerk shall deliver the license to the licensee upon receipt from the licensee of proof of payment of:
(a) The license fee if by the terms of Neb. RS 53-124 the fee is payable to the Municipal Treasurer;
(b) Any fee for publication of notice of hearing before the governing body upon the application for the license;
(c) The fee for publication of notice of renewal, if applicable, as provided in Neb. RS 53-135.01; and
(d) Occupation taxes, if any, imposed by the municipality.
(2) Notwithstanding any ordinance or charter power to the contrary, the municipality shall not impose an occupation tax on the business of any person, firm, or corporation licensed under the Nebraska Liquor Control Act and doing business within the corporate limits of the municipality in any sum which exceeds two times the amount of the license fee required to be paid under the Act to obtain that license.
(Neb. RS 53-132)
(1973 Code, § 10-109) (Ord. 838, passed 2-9-2012)
The owner of any premise used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the licensee if the owner shall knowingly permit the licensee to use the licensed premise in violation of any city code section or state statute.
(Neb. RS 53-1,101) (1973 Code, § 10-110) Penalty, see § 10.99
The employer of any officer, director, manager, or employees working in a retail liquor establishment shall be held to be liable and guilty of any act or omission or violation of any law or ordinance, if the act is committed or omission made with the authorization, knowledge or approval of the employer or licensee, and each such act or omission shall be deemed and held to be the act of the employer, and will be punishable in the same manner as if the act or omission had been committed by him or her personally.
(Neb. RS 53-1,102) (1973 Code, § 10-111) Penalty, see § 10.99
It shall be unlawful to use any screen, blind, curtain, partition, article, or other device in the windows or upon the doors of any retail liquor establishment, other than restaurants, hotels, and clubs, which will have the effect of preventing a clear view into the interior of the licensed premise from the street, road, or sidewalk at all times. All licensed premises shall be continuously lighted during business hours by natural or artificial white lights to ensure the clear visibility into the establishment. Any licensee who willfully violates the provisions of this section shall be subject to a revocation of his or her license by the city as provided herein.
(1973 Code, § 10-112) Penalty, see § 10.99
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