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§ 110.21 CONSUMPTION IN PUBLIC PLACES OR PLACES OPEN TO THE PUBLIC; RESTRICTIONS.
   (A)   Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2) or as provided in Neb. RS 60-6,211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
(Neb. RS 53-186)
   (B)   It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act. It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the Act. This division does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under Neb. RS 60-6,211.08.
(Neb. RS 53-186.01)
(1973 Code, § 10-121) (Ord. 835, passed 1-12-2012) Penalty, see § 10.99
§ 110.22 ACQUISITION OF ALCOHOLIC BEVERAGES.
   It shall be unlawful for any person to have possession of any alcoholic liquors which shall have been acquired otherwise than from a licensee duly licensed to sell same to the person under the provisions of the State Liquor Control Act; providing, nothing herein shall prevent the possession of alcoholic liquor for the personal use of the possessor, his or her family and guests, nor prevent the making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his or her family and his or her guests; provided further, that nothing herein shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, or any hospital or institution caring for the sick and diseased persons, from possessing any alcoholic liquor for the treatment of bona fide patients of the hospital or other institution; provided further, that any drug store employing a licensed pharmacist may possess and use alcoholic liquors in the compounding of prescriptions of duly licensed physicians; and provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by the church shall not be prohibited by this section.
(1973 Code, § 10-122) Penalty, see § 10.99
§ 110.23 REMOVAL OF INTOXICATED PERSONS FROM PUBLIC PROPERTY.
   (A)   Any law enforcement officer with the power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who is otherwise incapacitated, from any public property. An officer removing an intoxicated person from public property shall make a reasonable effort to take the intoxicated person to his or her home or to place the person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury. If these measures are unsuccessful or are not feasible, the officer may then place the intoxicated person in civil protective custody, except that civil protective custody shall be used only as long as is necessary to preserve life or to prevent injury, and under no circumstances longer than 12 hours. The placement of the person in civil protective custody shall be recorded at the facility or jail at which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to the person designated by the person taken into civil protective custody.
   (B)   The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for the actions. The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
   (C)   For purposes of this section, PUBLIC PROPERTY shall mean any public right-of-way, street, highway, alley, park, or other state-, county-, or city-owned property.
(Neb. RS 53-1,121) (1973 Code, § 10-123) (Ord. 479, passed 2-7-1980)
§ 110.24 LIQUOR APPLICATION; NOTICE; PROCEDURE.
   (A)   Notice. Notice of a hearing held pursuant to Neb. RS 53-134 shall be given to the applicant by the City Clerk/Treasurer and shall contain the date, time, and location of the hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the City Council that prejudice would result therefrom.
   (B)   Procedure.
      (1)   Hearings will be informal and conducted by the Mayor. The intent is an inquiry into the facts, not an adversarial action. Each witness may present his or her testimony in narrative fashion or by question and answer.
      (2)   The City Council or the applicant may order the hearing to be recorded by the Clerk/Treasurer, at the expense of the applicant(s).
      (3)   The City Council and its representatives shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing including the admission or exclusion of testimony or other evidence. The City Council may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Mayor may limit testimony where it appears incompetent, irrelevant, or unduly repetitious. If there is opposition to any application and the opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of the application, they shall choose a spokesperson to perform the function who shall notify the Mayor of his or her representation prior to the start of the hearing.
      (4)   The order of the proceeding is as follows:
         (a)   Exhibits will be marked in advance by the Clerk/Treasurer and presented to the Mayor during the presentation;
         (b)   Presentation of evidence, witnesses, and arguments by applicant;
         (c)   Testimony of any other citizens in favor of the proposed license;
         (d)   Examination of applicant, witnesses, or citizens by the City Council, or duly appointed agent;
         (e)   Cross-examination of applicant, witnesses, or citizens by spokesperson for opposition, if any;
         (f)   Presentation of evidence and witnesses by opposition;
         (g)   Testimony of any other citizens in opposition to the proposed license;
         (h)   Presentation of evidence by city and law enforcement personnel;
         (i)   Cross-examination by applicant;
         (j)   Rebuttal evidence by both parties, and by city administration and agent; and
         (k)   Summation by applicant and opposition spokesperson, if any.
      (5)   In all cases, the burden of proof and persuasion shall be on the party filing the application.
      (6)   Any member of the City Council and the City Attorney may question any witness, call witnesses, or request information.
      (7)   All witnesses shall be sworn.
      (8)   The City Council may make further inquiry and investigation following the hearing.
      (9)   The City Council or the applicant may order the hearing to be recorded by the Clerk/Treasurer, at the expense of the applicant(s).
(Neb. RS 53-134) (1973 Code, § 10-124) (Ord. 571, passed 5-8-1986)
§ 110.25 RETAIL LICENSING STANDARDS; BINDING RECOMMENDATIONS.
   (A)   The City Council shall 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 City Council to the State Liquor Control Commission in accordance with the State Liquor Control Act:
      (1)   The adequacy of existing law enforcement resources and services in the area;
      (2)   The recommendation of the Police Department or any other law enforcement agency;
      (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 city'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 any other evidence in support of or in opposition to the application;
      (7)   The existing population, and projected growth, both city-wide and within the area to be served;
      (8)   The existing liquor licenses, the class of the license, and the distance and times of travel to the licenses;
      (9)   The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth;
      (10)   Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest; and
      (11)   Other information and data that may reasonably be considered pertinent to the issuance of the license.
   (B)   The preceding standards are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term APPLICANTS as used herein is synonymous with LICENSEE.
(Neb. RS 53-134) (1973 Code, § 10-125) (Ord. 573, passed 5-8-1986)
§ 110.26 CATERING LICENSES.
   (A)   The holder of a license to sell alcoholic liquor at retail issued under Neb. RS 53-124, a craft brewery license, a microdistillery license, or a farm winery license may obtain an annual catering license by filing an application and license fee with the Nebraska Liquor Control Commission.
   (B)   Upon receipt from the Commission of the notice and a copy of the application as provided in Neb. RS 53-124.12, the governing body shall process the application in the same manner as provided for other alcoholic liquor retail licenses.
   (C)   The governing body, with respect to catering licensees within its corporate limits, may cancel a catering license for cause for the remainder of the period for which that catering license is issued. Any person whose catering license is canceled may appeal to the District Court.
   (D)   The governing body may impose an occupation tax on the business of a catering licensee doing business within the liquor license jurisdiction of the governing body. The tax may not exceed double the license fee for a catering license.
(Neb. RS 53-124.12)