(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 or for a bottle club within 150 feet of any church, school, hospital, or home for indigent persons or for veterans and their wives or children. The prohibition does not apply to any location within such distance of 150 feet:
(1) For which a license to sell alcoholic liquor at retail or for a bottle club 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 services, 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 exempt 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 or for a bottle club 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 if the affected church submits a written request for a hearing.
(C) Unless otherwise exempted by Neb. RS 53-177.01, 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 city, and no bottle club shall be operated within 300 feet from the campus of any college, 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.
(1976 Code, § 10-103) (Ord. 1418, passed 12-20-2010; Ord. 1426B, passed 12-5-2011; Ord. 1461, passed 2-8-2016; Ord. 1483, passed 2-4-2019) Penalty, see § 110.99
Statutory reference:
Related provisions, see Neb. RS 53-177, 53-177.01