(A) The governing body of the city shall have authority to approve liquor license applications or to deny such applications pursuant to the state’s Liquor Control Act, being Neb. RS 53-101 through 53-1,122. The governing body of the said city shall consider the following licensing standards and criteria at any hearing for 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 of a licensee, and for the purpose of formulating a recommendation from said governing body to the state’s Liquor Control Commission in accordance with the state’s Liquor Control Act, being Neb. RS 53-101 through 53-1,122:
(1) The adequacy of existing law enforcement resources and services in the area;
(2) The recommendation of the city’s 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 city 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 similar evidence in support of or in opposition to the application;
(7) The existing population and projected growth within the jurisdiction of the city’s governing body and within the area to be served;
(8) The existing liquor licenses, the class of each such license and the distance and times of travel between establishments that issued such licenses;
(9) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located;
(10) Whether the type of business or activity proposed to be operated or presently operated in conjunction with the proposed license is and will be consistent with the public interest as declared in Neb. RS 53-101.01;
(11) Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. RS 53-102;
(12) Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which is reasonably secured;
(13) Whether the applicant is fit, willing and able to properly provide the service proposed in conformance with all provisions and requirements of and rules and regulations adopted and promulgated pursuant to the state’s Liquor Control Act, being Neb. RS 53-101 through 53-1,122;
(14) Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions and requirements of and rules and regulations adopted and promulgated pursuant to the state’s Liquor Control Act, being Neb. RS 53-101 through 53-1,122;
(15) The background information of the applicant established by information contained in the public records of the state’s Liquor Control Commission and investigations conducted by law enforcement agencies;
(16) Past evidence of discrimination involving the applicant as evidenced by findings of fact before any administrative board or agency of the city’s governing body, any other governmental board or agency of the city, any other governmental unit or any court of law;
(17) Whether the applicant or the applicant’s representatives suppressed any fact or provided any inaccurate information to the state’s Liquor Control Commission or the city’s governing body or the employees of the state’s Liquor Control Commission or the city’s governing body relative to the license application or liquor investigations. The applicant shall be required to cooperate in providing a full disclosure to the investigating agents of the governing body of the city;
(18) Proximity of and impact on schools, hospitals, libraries, parks and public institutions;
(19) Whether activities proposed to be conducted on the licensed premises or in adjacent related outdoor areas will create unreasonable noise or disturbance; and
(20) Compliance with state laws, liquor rules and regulations, and municipal ordinances and regulations and whether or not the applicant has ever forfeited bond to appear in court to answer charges of having committed a felony or charges of having violated any law or ordinance enacted in the interest of good morals and decency or has been convicted of violating or has forfeited bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquor.
(B) (1) It shall be the liquor license applicant’s duty to produce evidence pertaining to the designated criteria prescribed in this division (A) above.
(2) The burden of proof and persuasion shall be on the party filing the application.
(1976 Code, § 10-123) (Ord. 900, passed 5-12-1986; Ord. 995, passed 12-18-1989)
Statutory reference:
Related provisions, see Neb. RS 53-134