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ENTERTAINMENT DISTRICTS
The intent and purpose of the City Council in adopting and administering the provisions of this subchapter on entertainment districts includes, but is not limited to:
(A) Encouraging economic growth in areas near entertainment venues and creating additional entertainment venues within the city by providing exciting, vibrant and diverse restaurants, retail, housing and lodging that will support and complement the entertainment venue;
(B) Providing for the regulation of areas designated as entertainment district(s) and commons area(s) contained with the entertainment district(s); and
(C) Protecting the health, safety and/or welfare of the public in said entertainment district(s).
(Prior Code, § 112.20) (Ord. 21-29, passed 10-4-2021)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMONS AREA. Shall have the same meaning as that which is set forth in Neb. Rev. Stat. § 53-123.17, as may be amended from time to time.
ENTERTAINMENT DISTRICT.
(1) An area of real property designated and permitted by the City Council pursuant to this chapter whereby the City Council may approve commons area(s) for events that qualify based on this chapter and Neb. Rev. Stat. Chapter 53.
(2) The state’s Liquor Control Commission may issue annual ENTERTAINMENT DISTRICT licenses to businesses to allow retail licensees, craft brewery licensees, microdistillery licensees and holders of a manufacturer’s license to share in the use of one or more commons areas.
(Prior Code, § 112.21) (Ord. 21-29, passed 10-4-2021)
Entertainment districts within the city shall be private in nature and shall comply with the following permit and designation requirements.
(A) Private entertainment districts. The City Council may designate private entertainment districts in which a commons area may be used by retail, craft brewery and microdistillery licensees and holders of a manufacturer’s license which obtain an entertainment district liquor license from the state’s Liquor Control Commission.
(B) Commons area permit procedure.
(1) For establishment and use of a private entertainment district:
(a) Upon presentation of an entertainment district permit application to the City Council a public hearing shall be held;
(b) The entertainment district permit application shall designate the commons area;
(c) The public hearing shall be conducted informally, and the intent is to inquire into the facts in a non-adversary nature. The hearing shall be conducted according to the rules and procedures of the City Council, as they may be amended from time to time; and
(d) If approved by a majority vote, the City Council shall designate the real property described on the permit application as an entertainment district and file such designation with the state’s Liquor Control Commission.
(2) The filing fee for each permit application shall be established by resolution adopted by the City Council.
(C) Commons area(s) permit within designated entertainment districts. The city shall establish and modify, as necessary, the requirements of utilizing an entertainment district as a commons area within the special event permit application.
(Prior Code, § 112.22) (Ord. 21-29, passed 10-4-2021; Ord. 23-01, passed 2-6-2023)
(A) Following approval of an entertainment district permit by the City Council, and the designation of an area of real property as an entertainment district, any retail licensees, craft brewery licensees, microdistillery licensees and holders of a manufacturer’s license located within the entertainment district may apply to the state’s Liquor Control Commission for an entertainment district license. Such license shall be in addition to the underlying liquor license already possessed by such applicant and shall be issued for the same period and may be renewed in the same manner as the underlying license.
(B) The annual occupation tax levied and assessed by the city upon all businesses possessing an entertainment district license shall be as set forth in this code.
(Prior Code, § 112.23) (Ord. 21-29, passed 10-4-2021)
(A) Any entertainment district as designated by the City Council, must meet all requirements and follow all regulations for such as outlined in Neb. Rev. Stat. Chapter 53.
(B) The City Council may impose any condition, requirement or restriction on the commons area to include, but not be limited to, boundaries, barriers, access, design, types of business and uses, hours of operation and events.
(C) The city retains the right to regulate, not inconsistent with the state’s Liquor Control Act, any area designated as an entertainment district and to cancel and/or revoke an entertainment district permit/license for cause (which shall include but not be limited to: Operating the entertainment district in a manner that threatens the health, safety or welfare of the public or has become a common nuisance). In the event that the City Council cancels and/or revokes an entertainment district designation, such revocation shall be filed with the state’s Liquor Control Commission.
(Prior Code, § 112.24) (Ord. 21-29, passed 10-4-2021; Ord. 23-02, passed 2-6-2023)
For a private entertainment district, any proposed change to the dimensions or location of the defined commons area as listed in an approved entertainment district permit shall be submitted to the City Administrator for approval before being undertaken. The City Administrator shall provide an approval, approval with conditions or a denial within 30 business days of receiving such request for an addition, modification or demolition.
(Prior Code, § 112.25) (Ord. 21-29, passed 10-4-2021; Ord. 23-01, passed 2-6-2023)