CHAPTER 10: BUSINESS REGULATIONS
   Article
      1.   ALCOHOLIC BEVERAGES
      2.   HAWKERS, PEDDLERS AND SOLICITORS
      3.   BINGO AND MECHANICAL AMUSEMENTS
      4.   REGULATED BUSINESSES
      5.   OCCUPATION TAXES
      6.   TELEPHONE COMPANIES
      7.   NATURAL GAS COMPANIES
      8.   SEXUALLY-ORIENTED BUSINESSES
      9.   PENAL PROVISION
ARTICLE 1: ALCOHOLIC BEVERAGES
Section
   10-101   Definitions
   10-102   License required
   10-103   Location
   10-104   Dwellings
   10-105   License displayed
   10-106   Licensee requirements
   10-107   Municipal examination
   10-108   Liquor license renewal
   10-109   Municipal power and duties
   10-110   Owner of premises
   10-111   Employer
   10-112   Minors and incompetents
   10-113   Credit sales
   10-114   Original package
   10-115   Minor’s presence
   10-116   Hours of sale
   10-117   Sanitary conditions
   10-118   Hiring minors
   10-119   Consumption in public places
   10-120   Acquisition of alcoholic beverages
   10-121   Removal of intoxicated persons from public property
   10-122   Liquor application; notice; procedure; retail licensing standards
Cross-reference:
   Occupation Taxes, see Ch. 10, Art. 5
§ 10-101  DEFINITIONS.
   All words and phrases herein used are to have the definitions applied thereto, as defined in the Liquor Control Act of the state, being Neb. RS 53-101 to 53-1,122.
(2005 Code, § 10-101)
§ 10-102  LICENSE REQUIRED.
   It shall be unlawful for any person to manufacture for sale, sell, keep for sale or to barter any alcoholic liquors within the municipality unless said person shall have in full force and effect a license as provided by the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122.
(2005 Code, § 10-102)
§ 10-103  LOCATION.
   It shall be unlawful for any person or persons to own, maintain, manage or hold open to the public any establishment for the purpose of selling at retail any alcoholic liquor within 150 feet of any church, school, hospital or home for aged or indigent persons or veterans, their wives or children; provided, this prohibition shall not apply to any location within such distance when the said establishment has been licensed by the state’s Liquor Control Commission at least two years, and to hotels offering restaurant service, regularly organized clubs or to restaurants where the selling of alcoholic liquors is not the principal business carried on, if the said hotel, club or restaurant were licensed and in operation prior to 5-24-1935. No alcoholic liquor, other than beer, shall be sold for consumption on the premises within 300 feet from the campus of any college within the municipality.
(2005 Code, § 10-103)
§ 10-104  DWELLINGS.
   Except in the case of hotels and clubs no alcoholic liquor shall be sold at retail upon any premises which has any access which leads from such premises 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 such premises, and such other portion of the building which is used only by the licensee, his or her family or personal guests.
(2005 Code, § 10-104)
§ 10-105  LICENSE DISPLAYED.
   Every licensee under the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122, shall cause his or her license to be framed and hung in plain public view in a conspicuous place on the licensed premises.
(2005 Code, § 10-105)
§ 10-106  LICENSEE REQUIREMENTS.
   It shall be unlawful for any person or persons to own an establishment that sells at retail any alcoholic beverages unless said person is a resident of the county in which the premises is located; a person of good character and reputation; a citizen of the United States; a person who has never been convicted of a felony; a person who has never been associated with, or kept, a house of ill fame; a person who has never been convicted of, or pleaded guilty to, a crime or misdemeanor opposed to decency and morality; a person who has never had a liquor license revoked for cause; a person whose premises, for which a license is sought, meet the standards for fire safety as established by the state’s Fire Marshal; or a person who has not acquired a beneficial interest in more than two alcoholic beverage retail establishments since 3-4-1963; provided, the beneficial interest requirement in this section shall not apply to a person applying for an additional license for use in connection with the operation of a hotel containing at least 25 sleeping rooms, or where the request is limited to on premises sale of beer only in a restaurant.
(2005 Code, § 10-106)
§ 10-107  MUNICIPAL EXAMINATION.
   Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file with the Liquor Control Commission. The Commission shall then notify by registered or certified mail the Municipal Clerk. The governing body shall then meet and determine the desirability of the application and report its recommendation for approval or denial of the application in writing to the state’s Liquor Control Commission within 45 days of receipt from the state’s Liquor Control Commission. The governing body may examine, or cause to be examined, under oath, any applicant; examine or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof for its information in the performance of its duties. For the purpose of obtaining any of the information desired, the governing body may authorize its agent, Municipal Clerk or the Municipal Attorney, to act on its behalf. The governing body may conduct the examination and hold the hearing upon the receipt from the Commission of the notice and copy of the application. The governing body shall fix a time and place at which a hearing will be held, and at which time the governing body shall receive evidence, under oath, either orally, or by affidavit, from the applicant and any other person concerning the propriety of the issuance of such license. Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the municipality one time not less than seven, nor more than 14, days before the time of the hearing. Such notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the local governing body in support of or in protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than 21 days after the receipt of notice from the Commission. After such hearing, the governing body shall cause to be spread at large in the minute record of its proceedings a resolution recommending either issuance or refusal of such license. The Municipal Clerk shall thereupon mail to the Commission by first class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice.
(2005 Code, § 10-107)
§ 10-108  LIQUOR LICENSE RENEWAL.
   Retail liquor licenses issued by the Commission and outstanding may be automatically renewed in the absence of a request by the governing body to require the said licensee to issue an application for renewal. The Municipal Clerk, 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 municipality, 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 municipality; provided, Class C license renewal notices shall be published between the dates of July 10 and July 30 of each year. The Municipal Clerk shall then file with the Commission proof of publication of said 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 municipality against said license renewal, the Municipal Clerk shall deliver the protests to the governing body who shall thereupon proceed to notify the Commission that they are to require the said licensee to submit an application.
(2005 Code, § 10-108)
§ 10-109  MUNICIPAL POWER AND DUTIES.
   The governing body is authorized to regulate by ordinance, not inconsistent with the provisions of the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122, the business of all retail and bottle club licenses carried on within the corporate limits. The governing body shall further have the power and duties with respect to licensed retailers of alcoholic beverages to revoke for cause retail licenses to sell alcoholic liquors issued to persons for premises within its jurisdiction subject to the right of appeal to the state’s Liquor Control Commission; to enter or to authorize any law enforcement officer to enter at any time upon any premises licensed by the state to determine whether any of the provisions of the municipal laws or the laws of the state are being violated; to receive signed complaints from any citizens within its jurisdiction that any of the municipal laws, or laws of the state, are being violated, and to act upon such complaints in the manner herein provided; to revoke on its own motion any license if, upon the same notice and hearing as provided in § 10-122 of this article, it determines that the licensee has violated any of the provisions of the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122, or any valid and subsisting ordinance or regulations duly enacted relating to alcoholic liquors; and to collect for the benefit of the state and the municipality all license fees and occupation taxes as prescribed by law.
(2005 Code, § 10-109)
§ 10-110  OWNER OF PREMISES.
   The owner of any premises 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 said licensee if the owner shall knowingly permit the licensee to use the said licensed premises in violation of any municipal code section or state statute.
(2005 Code, § 10-110)
§ 10-111  EMPLOYER.
   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 of omission or violation of any law or ordinance, if such 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 said act or omission had been committed by him or her personally.
(2005 Code, § 10-111)
§ 10-112  MINORS AND INCOMPETENTS.
   It shall be unlawful for any person or persons to sell, give away, dispose of, exchange, permit the sale of or make a gift of any alcoholic liquors to or for any minor, or to any person who is mentally incompetent.
(2005 Code, § 10-112)
§ 10-113  CREDIT SALES.
   No person shall sell or furnish alcoholic liquor at retail to any person or persons for credit of any kind, barter or services rendered; provided, nothing herein contained shall be construed to prevent any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members, or guests of members, and charged to the accounts of the said members or guests in accordance with the by-laws of any such club; and, provided further, nothing herein shall be construed to prevent any hotel or restaurant holding a retail alcoholic beverage license from permitting checks or statements for liquor to be signed by regular guests residing in the said hotel and charged to the accounts of such guests.
(2005 Code, § 10-113)
§ 10-114  ORIGINAL PACKAGE.
   It shall be unlawful for any person or persons who own, manage or lease any premises in which the sale of alcoholic beverages is licensed, to have in his, her or their possession for sale at retail any alcoholic liquors contained in bottles, casks or other containers, except in the original package.
(2005 Code, § 10-115)
§ 10-115  MINOR’S PRESENCE.
   It shall be unlawful for any person or persons who own, manage or lease an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years to frequent or otherwise remain in the said establishment unless the said minor is accompanied by his or her parent or legal guardian, and unless said minor remains seated with, and under the immediate control of, the said parent or legal guardian.
(2005 Code, § 10-116)
§ 10-116  HOURS OF SALE.
   It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverage within the municipality except during the hours provided herein.
   (A)   No alcoholic beverages shall be sold at retail or dispensed on any day between the hours of 1:00 a.m. and 6:00 a.m.
   (B)   In addition to the restriction set forth in division (A) above, it shall be unlawful for any person or persons to sell at retail any alcoholic beverages during the hours that polling stations are open on the day in which any statewide primary or general election is conducted.
   (C)   No person or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than 15 minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises. For the purposes of this section, ON SALE shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment; OFF SALE shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.
   (D)   Nothing in this section shall be construed to prohibit any licensed premises from being open for other business during hours which the sale or dispensing of alcoholic beverages is prohibited by this section.
(2005 Code, § 10-117)  (Ord. 2412, passed 4-3-2018)
§ 10-117  SANITARY CONDITIONS.
   (A)   It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition.
   (B)   Toilet facilities shall be adequate and convenient for customers and patrons and said licensed premises shall be subject to any health inspections the governing body or the municipal police may make or cause to be made.
   (C)   All applications for liquor licenses shall be viewed in part from the standpoint of the sanitary conditions and a report concerning the said sanitary conditions shall be made at all hearings concerning the application for, or renewal of, a liquor license.
(2005 Code, § 10-118)
§ 10-118  HIRING MINORS.
   It shall be unlawful for any person to hire a minor regardless of sex under the age of 19 years to serve or dispense alcoholic liquors, including beer, to said licensee’s customers.
(2005 Code, § 10-119)
§ 10-119  CONSUMPTION IN PUBLIC PLACES.
   (A)   It shall be unlawful for any person to consume alcoholic beverages within the corporate limits upon the public ways and property, including inside vehicles while upon the public ways and property.
   (B)   It shall further be unlawful for any person to consume alcoholic beverages within any other public business that is not a licensed liquor establishment.
(2005 Code, § 10-120)
§ 10-120  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 such person under the provisions of the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122; 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 such 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 such church shall not be prohibited by this section; provided further that, persons who are 16 years old or older may carry beer from grocery stores when they are accompanied by a person not a minor, persons who are 16 years old or older may handle beer containers and beer in the course of their employment in grocery stores, and persons who are 16 years old or older may remove and dispose of alcoholic liquor containers for the convenience of their employer and customers in the course of their employment as waiters, waitresses or busboys, by any restaurant, club, hotel or similar organization; and, provided further that, persons who are 19 years old or older may serve or sell alcoholic liquor in the course of their employment.
(2005 Code, § 10-121)
§ 10-121  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 such intoxicated person to his or her home or to any hospital, clinic, alcoholism center or 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 such 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 such 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 he or she can be located, or to such 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 such 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 municipally-owned property.
(2005 Code, § 10-122)
§ 10-122  LIQUOR APPLICATION; NOTICE; PROCEDURE; RETAIL LICENSING STANDARDS.
   (A)   (1)   Notice. Notice of a hearing held pursuant to Neb. RS 53-134 shall be given to the applicant by the Municipal Clerk 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 governing body that prejudice would result therefrom.
      (2)   Procedure.
         (a)   Hearings will be informal and conducted by the City Attorney and/or Deputy City Attorney. 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.
         (b)   The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant(s).
         (c)   The governing body 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 governing body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Municipal Attorney may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such application, he or she shall choose a spokesperson to perform such function who shall notify the Municipal Attorney of his or her representation prior to the start of the hearing.
         (d)   The order of the proceeding is as follows:
            1.   Exhibits will be marked in advance by the Clerk and presented to the Municipal Attorney during the presentation;
            2.   Presentation of evidence, witnesses and arguments by applicant;
            3.   Testimony of any other citizens in favor of such proposed license;
            4.   Examination of applicant, witnesses or citizens by City Attorney, City Administrator, governing body or duly appointed agent;
            5.   Cross-examination of applicant, witnesses or citizens by spokesperson for opposition, if any;
            6.   Presentation of evidence and witnesses by opposition;
            7.   Testimony of any other citizens in opposition to such proposed license;
            8.   Presentation of evidence by municipality and law enforcement personnel;
            9.   Cross-examination by applicant;
            10.   Rebuttal evidence by both parties and by municipality administration and agent; and
            11.   Summation by applicant and opposition spokesperson, if any.
         (e)   In all cases, the burden of proof and persuasion shall be on the party filing the application.
         (f)   All witnesses shall be sworn.
         (g)   The governing body may make further inquiry and investigation following the hearing.
         (h)   The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant(s).
(2005 Code, § 10-123)
   (B)   (1)   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 governing body to the state’s Liquor Control Commission in accordance with the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122:
         (a)   The adequacy of existing law enforcement resources and services in the area;
         (b)   The recommendation of the Police Department or any other law enforcement agency;
         (c)   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;
         (d)   Zoning restrictions and the municipality’s zoning and land-use policies;
         (e)   Sanitation or sanitary conditions on or about the proposed licensed premises;
         (f)   The existence of a citizen’s protest and any other evidence in support of or in opposition to the application;
         (g)   The existing population, and projected growth, both municipality-wide and within the area to be served;
         (h)   The existing liquor licenses, the class of such license and the distance and times of travel to such licenses;
         (i)   The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth;
         (j)   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;
         (k)   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 of the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122;
         (l)   Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic beverages, which must be displayed, kept and sold from an area which is secured to the greatest extent possible;
         (m)   Whether the applicant is fit, willing and able to properly provide the service proposed in conformance with all provisions, requirements, needs and regulations provided for in the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122;
         (n)   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, requirements, rules and regulations provided for in the state’s Liquor Control Act, being Neb. RS 53-101 to 53-1,122;
         (o)   The background information of the applicants established by information contained in the public records of the state’s Liquor Control Commission and investigations conducted by the Police Department;
         (p)   Past instances of discrimination involving the applicant(s) as evidenced by findings of fact before any administrative board or agency of the municipality or any other governmental board or agency of the municipality or any other governmental unit or any court of law;
         (q)   Past compliance with state laws and liquor regulations and municipal ordinances and regulations;
         (r)   If the application is for an on-sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food and liquor and the type and extent of kitchen facilities;
         (s)   Whether the applicant or its representatives has suppressed any fact or provided any non-factual information to the local governing body or its employees in regard to the license application or liquor investigations. The applicant is required to cooperate in providing a full disclosure to the investigating agents of the municipality;
         (t)   Whether the application will provide an improvement to the neighborhood, a betterment to the municipality or a true increase in service to the public at large;
         (u)   Proximity of and impact on schools, hospitals, libraries and public institutions;
         (v)   Whether the type of entertainment to be offered, if any, will be appropriate and non- disruptive to the neighborhood where the premises are located and to the community at large;
         (w)   Whether the application is for a business, and the sole purpose for which is the sale of dispensing of liquor, or when the sale or dispensing of liquor is a substantial integral part of the business, and not just incidental thereto;
         (x)   Applications for Class B, C and D licenses (as defined by Neb. RS 53-124) must be for premises which are separate and distinct from any other business activity. Premises shall be deemed separate and distinct only when located in a building which is not adjacent to any other building, or when located within the same building, they shall be so separate by walls (floor to ceiling), that access cannot be had directly from the area of alcoholic liquor sales to any other business activity by mean of doors or other openings; provided, nothing herein shall prevent the construction or maintenance of doors that are used by employees; further, any non-conforming premises in existence on the effective date of this article may be continued for the life of the license. Such non-conforming premises may not be enlarged, extended or restored after damage during interim. For the purposes of this section, OTHER BUSINESS ACTIVITY shall mean the sale or display of any food, produce, mercantile product, item or service other than keeping or selling of alcoholic liquors at retail for consumption off the premises and the sale or display of ice, drink mix, tobacco, cups or carbonated beverages;
         (y)   Whether or not 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 of forfeiting bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquors;
         (z)   The City Council may fix certain requirements and prescribe certain conditions upon a license when it is granted or permitted to continue in full force and effect whether such requirements or conditions are imposed at a formal hearing, by a written notice, or in a written stipulation, and such requirements or conditions shall be deemed to be a part of the license as though fully endorsed therein; and any violation or breach of any requirement or condition is prohibited; and
         (aa)   Other information and data that may reasonably be considered pertinent to the issuance of the license.
      (2)   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 “license”.
(2005 Code, § 10-124)
ARTICLE 2: HAWKERS, PEDDLERS AND SOLICITORS
Section
   10-201   Definitions
   10-202   Permits required
   10-203   Permit application
   10-204   Hours
   10-205   Exceptions
§ 10-201  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   CANVASSER or SOLICITOR. An individual who actually makes contact, directly or indirectly, by phone, by mail, in person or otherwise with any potential donor with the intent of soliciting.
   HAWKER or PEDDLER. Any individual who as the primary mode of conducting business travels either by foot, automobile, motor truck, vehicle or other type of conveyance, from house to house, from residence to residence or from dwelling to dwelling, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery; seeking donations; or taking or attempting to take orders for services to be performed in the future. It shall be immaterial whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales. Such definition shall apply to such individual described herein whether or not such individual, who for himself or herself or for any other individual, firm, partnership or corporation, hires, leases, uses or occupies any building, structure, tent, hotel room, motel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
   PEDDLER or HAWKER. Any individual traveling by foot, automobile, vehicle or any other type of conveyance, from residence to residence, from house to house or from dwelling to dwelling, carrying, conveying or transporting goods, wares, merchandise, magazines, books or other products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any individual not traveling from house to house, from residence to residence or from dwelling to dwelling, who shall sell or offer the same for sale from an automobile, vehicle, truck or other vehicle or conveyance.
   SOLICIT and SOLICITATION. The request, directly or indirectly, for money, donations of money, property or financial assistance of any kind and shall include the sale or offer for sale of any article, tag, service emblem, publication, ticket, advertisement, subscription or anything of value on the direct or implied plea or representation that such sale or solicitation or the proceeds thereof is for a charitable, benevolent, civic, educational, religious, patriotic or philanthropic purpose. A SOLICITATION shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale as referred to herein.
   SOLICITING ORGANIZATION. Any individual person, group, corporation, association, partnership or individual engaged in a solicitation.
(2005 Code, § 10-201)
§ 10-202  PERMITS REQUIRED.
   It shall be unlawful for any canvasser, solicitor, peddler or hawker, directly or indirectly to sell, attempt to sell, solicit or make solicitations on the streets, in any office or business building, by house to house canvass, or in any other private or public place by telephone, personal solicitation or in any other way in the city unless such person, organization, society, association or corporation shall have first obtained a permit as provided hereafter.
(2005 Code, § 10-202)
§ 10-203  PERMIT APPLICATION.
   (A)   Application for a permit as required by § 10-202 of this article shall be sworn to and filed with the City Clerk.
   (B)   The application shall contain the following information:
      (1)   Name of organization applying for a license to solicit or sell and the address of its headquarters;
      (2)   Names and addresses of its principal officers and management;
      (3)   The purpose for which any solicitation is to be made and the use or disposition to be made of any receipts therefrom;
      (4)   The name of the person or persons by whom the receipts of any solicitation shall be disbursed;
      (5)   The name and address of the person or persons who will be in direct charge of conducting the solicitation or sales, and the name and address of the registered agent and registered office of the soliciting or selling organization;
      (6)   An outline of the method or methods to be used in conducting the solicitations or sales;
      (7)   The time when such solicitations or sales shall be made, giving the preferred dates for the beginning and ending of such solicitation or sale;
      (8)   A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city; and
      (9)   In the case of a soliciting organization, a full statement of the character and extent of the charitable, educational, religious, civic, benevolent or philanthropic work being done by the applicant organization within the city and a statement of the percentage of the funds to be collected to be applied to such purposes in the city.
   (C)   (1)   Upon furnishing the information required in the permit application, the payment of the $5 permit fee, and payment of any occupation tax required by Ch. 10, Art. 5, of this code of ordinances, the City Clerk shall then issue a permit to such applicant.
      (2)   A permit requiring a bond shall only be issued for the term of the bond and in any event for a term no longer than one year from the date of issuance.
(2005 Code, § 10-203)
§ 10-204  HOURS.
   It shall be unlawful to make calls as a solicitor, canvasser, hawker or peddler to prospective customers before 8:00 a.m. or after sunset, any day, unless requested to do so by the prospective customer.
(2005 Code, § 10-204)
§ 10-205  EXCEPTIONS.
   (A)   This article shall not apply to any established society, labor union, church, association or corporation that is organized and operated exclusively for religious, philanthropic, benevolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, when no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where such solicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof.
   (B)   No permit will be required for qualified representatives of any church, having an established congregation and conducting regular services, in the city. It shall be the duty of the City Clerk to verify that the congregation is actually established in the city.
   (C)   Nothing herein shall be construed to apply to any person, or persons selling produce raised within the county, or to wholesale sales representatives, or route salespersons soliciting merchants directly.
(2005 Code, § 10-205)
ARTICLE 3: BINGO AND MECHANICAL AMUSEMENTS
Section
   10-301   Carnivals; circus
§ 10-301  CARNIVALS; CIRCUS.
   It shall be unlawful for any person or persons, partnership, corporation or organization to conduct, manage, sponsor or promote any carnival, circus, amusement park rides or similar activity without first obtaining a license from the city. Application shall be made to the City Clerk and shall contain all information and documents which the governing body may deem necessary to determine whether to grant or reject said application. Each applicant shall also be required to post a security bond in an amount set by resolution of the governing body, or give sufficient proof that said applicant is currently covered by an equal amount of liability insurance, to adequately protect the interests of the city and its citizens. Upon the determination that it would be proper to grant such application, the governing body shall immediately direct the City Clerk to issue the said license to the applicant upon the payment of the appropriate fee. Any license so granted shall be subject to revocation by the governing body for good cause after proper notice has been served and the licensee has been allowed a hearing. In no event shall this section be applicable to governmental entities.
(2005 Code, § 10-310)
ARTICLE 4: REGULATED BUSINESSES
Section
   10-401   Fireworks vendors
   10-402   Firearms and ammunition vendors; inspection of records
§ 10-401  FIREWORKS VENDORS.
   It shall be unlawful for any person or persons to sell fireworks of any description whatsoever, except fireworks allowed by the state under current state statute. Lawful fireworks may be sold and/or discharged only from 8:00 a.m. until 11:00 p.m. June 28 through July 2 and from 8:00 a.m. until midnight on July 3 and July 4; provided that, fireworks of any description are permissible for purposes of public exhibitions or displays as authorized by the governing body; and further provided that all fireworks vendors shall secure a fireworks vendors permit from the city prior to any sale of fireworks. Applications for such license shall be filed with the Municipal Clerk upon forms supplied by the municipality.
(2005 Code, § 10-405)  (Ord. 2383, passed 8-16-2016)
§ 10-402  FIREARMS AND AMMUNITION VENDORS; INSPECTION OF RECORDS.
   To aid in the protection, safety and general welfare of the city, the municipal police shall have the power and authority to inspect and copy the records of firearms and ammunition vendors, relating to the sale and/or registration of firearms and ammunition.
(2005 Code, § 10-406)
ARTICLE 5: OCCUPATION TAXES
Section
   10-501   Amounts
   10-502   Collection date
   10-503   Certificates
   10-504   Failure to pay
§ 10-501  AMOUNTS.
   For the purpose of raising revenue, an occupation tax is hereby levied on the following businesses:
 
Manufacturer of spirits and alcoholic liquor
$2,000
Manufacturer of beer
$900
Manufacturer of wine
$500
Distributor of alcoholic liquors
$1,000
Distributor of beer only
$500
Class A: Retailer of beer only, consumed on the premises
$100
Class B: Retailer of beer only in original package for consumption off premises
$50
Class C: Retailer of alcoholic liquors for consumption on and off the premises, sales in original package
$250
Class D: Retailer of alcoholic liquor, including beer, consumption off premises, sales in original package
$250
Class I: Retailer of alcoholic liquor consumed on the premises
$250
Class LK: Brew pub/caterer (license fee collected by Nebraska Liquor Control Commission)
$100
Class W: Wholesale beer (license fee collected by Nebraska Liquor Control Commission)
$250
Class X: Wholesale liquor (license fee collected by Nebraska Liquor Control Commission)
$500
Class Y: Farm winery (license fee collected by Nebraska Liquor Control Commission)
$250
SDL: Special designated liquor license
$25
 
(2005 Code, § 10-501)  (Ord. 2411, passed 3-6-2018)
§ 10-502  COLLECTION DATE.
   All occupation taxes shall be due, and payable on May 1 of each year, except in the event that the said tax is levied daily, and upon the payment thereof by any person or persons to the Municipal Clerk, the said Clerk shall give a receipt, properly dated and specifying the person paying the said tax and the amount paid. The revenue collected shall then be immediately deposited into the General Fund by the Municipal Treasurer. The Municipal Treasurer shall keep an accurate account of all revenue turned over to him or her. All forms, and receipts herein mentioned shall be issued in duplicate. One copy shall then be kept by each party in the transaction.
(2005 Code, § 10-502)
§ 10-503  CERTIFICATES.
   The receipt issued after the payment of any occupation tax shall be the occupation tax certificate. The said certificate shall specify the amount of the tax and the name of the person and business that paid the said tax. The occupation tax certificate shall then be displayed in a prominent place, or carried in such a way as to be easily accessible, while business is being conducted.
(2005 Code, § 10-503)
§ 10-504  FAILURE TO PAY.
   If any person, company or corporation fails, or neglects to pay the occupation taxes as provided herein on the day it becomes due, and payable, the municipality shall then proceed by civil suit to collect the amount due. All delinquent taxes shall bear interest at the rate of 1% per month until paid.
(2005 Code, § 10-504)
ARTICLE 6: TELEPHONE COMPANIES
Section
   10-601   Imposed; rate; exception
   10-602   Schedule of payments
   10-603   Payment to City Treasurer; receipt for payment
   10-604   Interest and penalty for delinquent taxes
   10-605   Statement of gross receipts
   10-606   Adjustment of payment
   10-607   Inspection of books and records
   10-608   Computation upon failure to file statement and the like
   10-609   Civil action to recover tax
§ 10-601  IMPOSED; RATE; EXCEPTION.
   (A)   All telephone companies doing business in the city are required to pay an occupation tax to the city in an amount equal to 3% of the gross receipts from the legally established basic monthly charges collected for telephone service to subscribers within the city.
   (B)   There shall be excepted from the provisions of this article receipts for telephone service to the United States government or any of its departments, and receipts from the state or any of its departments, and no part or portion of the tax provided for in this article shall be levied upon or assessed against or taken from the United States government, the government of the state or any of either of their departments.
(2005 Code, § 10-601)
§ 10-602  SCHEDULE OF PAYMENTS.
   (A)   The payment of the occupation tax levied pursuant to this article shall be in quarterly payments, using the calendar quarter year as a basis for determining and computing the amount of tax payable.
   (B)   Each quarterly payment shall be due 45 days after the termination of each calendar quarter year.
(2005 Code, § 10-602)
§ 10-603  PAYMENT TO CITY TREASURER; RECEIPT FOR PAYMENT.
   The occupation tax levied pursuant to this article shall be paid to the City Treasurer for the benefit of the General Fund of said city at the time provided by this article, and he or she shall issue and deliver his or her receipt therefor upon the payment thereof and the amount of payment shall be credited by the City Treasurer to the General Fund.
(2005 Code, § 10-603)
§ 10-604  INTEREST AND PENALTY FOR DELINQUENT TAXES.
   All payments of the occupation tax levied pursuant to this article which are made after the due date thereof shall draw interest at the rate of 1% per month and, after payment thereof has been in default for six months, a penalty of 5% shall be added thereto in addition to such interest charges, which shall be paid by any company subject to this occupation tax.
(2005 Code, § 10-604)
§ 10-605  STATEMENT OF GROSS RECEIPTS.
   All telephone companies shall, at the time they make their quarterly payments of the occupation tax levied pursuant to this article, file with the City Treasurer a full, complete and detailed statement of the gross receipts subject to such occupation tax, which statement shall be duly verified and sworn to by the manager in charge of the business of the particular company in the city or by a higher managerial employee of such company.
(2005 Code, § 10-605)
§ 10-606  ADJUSTMENT OF PAYMENT.
   Each succeeding quarterly payment of the occupation tax levied pursuant to this article may include any adjustment which is shown on the report provided for by § 10-605 of this article, which may be necessary for the consideration of uncollectibles or any other matters which may have resulted in either an excess or a deficiency in the amount of tax paid in any previous quarter.
(2005 Code, § 10-606)
§ 10-607  INSPECTION OF BOOKS AND RECORDS.
   The city shall have the right at any time to inspect, through its officers, agents or representatives, the books and records of any telephone company, for the purpose of verifying any report submitted pursuant to the requirements of § 10-605 of this article.
(2005 Code, § 10-607)
§ 10-608  COMPUTATION UPON FAILURE TO FILE STATEMENT AND THE LIKE.
   In case any telephone company shall refuse, fail or neglect to furnish or file any report required in § 10-605 of this article at the time required for such filing, or shall fail or refuse to permit the city to inspect the books and records of such company for the purpose of verifying such report, then the occupation tax for the preceding quarter shall be the sum of $5,000, and such amount shall be paid within 45 days following the end of the calendar quarter as required by § 10-605 of this article and such amount shall draw interest and be subject to penalties as provided by § 10-604 of this article.
(2005 Code, § 10-608)
§ 10-609  CIVIL ACTION TO RECOVER TAX.
   When any telephone company shall fail to make payment of the occupation tax provided for by this article at the time specified for such payment, the city shall have the right to sue any such company in any court of competent jurisdiction for the amount of such occupation tax due and payable under the terms and provisions of this article and may recover judgment against any such company for such amount so due, together with interest and penalties, and may have execution thereon.
(2005 Code, § 10-609)
ARTICLE 7: NATURAL GAS COMPANIES
Section
   10-701   Filing fee
§ 10-701  FILING FEE.
   The municipality shall charge and collect a filing fee from natural gas companies for a rate filing. The fee shall be $1,000.
(2005 Code, § 10-701)
ARTICLE 8: SEXUALLY-ORIENTED BUSINESS
Section
   10-801   Purpose and intent
   10-802   Findings
   10-803   Definitions
   10-804   Classification of businesses
   10-805   License required; application for license
   10-806   Investigation of application
   10-807   License issuance and display
   10-808   License fee
   10-809   Inspections
   10-810   License term and renewal
   10-811   License suspension
   10-812   License revocation
   10-813   Transfer of license
   10-814   Location of sexually oriented business
   10-815   Non-conforming uses
   10-816   Films or videos
   10-817   Additional regulations concerning public nudity or semi-nudity
   10-818   Additional regulations concerning alcohol
   10-819   Prohibition of children in a sexually oriented business
   10-820   Hours of operation
   10-821   Display of sexually oriented materials to minors
§ 10-801  PURPOSE AND INTENT.
   It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material or sexual activities.
(Ord. 2280, passed 5-1-2007)
§ 10-802  FINDINGS.
   Based on convincing documented evidence, studies, findings and reports concerning the negative secondary effects of sexually oriented businesses regarding both commercial and residential areas and the nexus between sexually oriented businesses, obscene materials and sexual exhibits and alcohol consumption, and illegal drug distribution and use, the City Council finds:
   (A)   Sexually oriented businesses have negative secondary effects on the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, the downgrading of adjacent neighborhoods making adjacent neighborhoods significantly less attractive and less safe for raising children and denigrating both residential life and commercial activity for other types of businesses and sexually oriented businesses downgrade the quality of life and fitness of property for other uses in areas both immediate and adjacent to such businesses.
   (B)   The negative secondary effects of sexually oriented businesses are increased when they are located in close proximity to each other and when the service or consumption of alcohol is permitted at or near such locations.
   (C)   Improper conduct involving sexual acts occurs at sexually oriented businesses which provide private or semi-private booths or viewing rooms for the viewing of films, videos or live performances.
   (D)   The findings noted above raise substantial governmental concerns for the health, safety and welfare of the citizens of the city and it is appropriate for the purpose of promoting and protecting the health, safety and welfare of the citizens of the city particularly the children of the community and those conducting general business that reasonable regulations be enacted so as to address the substantial governmental concerns to minimize and control the negative secondary effects of sexually oriented businesses and thereby promote and protect the health, safety and welfare of the citizens of the city, protect the citizens from increased crime, preserve the value of property, and preserve the quality of life and the quality and character of surrounding neighborhoods for residential and commercial purposes.
   (E)   The enactment of reasonable regulations of sexually oriented businesses which involve location criteria, licensing criteria, operational criteria, and the prohibition of alcohol and illegal substance use are appropriate to address the substantial governmental concerns and protect. the health, safety and welfare of the citizens of the city.
   (F)   A reasonable licensing procedure and zoning requirements are appropriate mechanisms to place the burden of reasonable regulations on the owners of sexually oriented businesses and such a licensing procedure will place an incentive on the owners to see that the sexually oriented business is operated in a manner which is consistent with the health, safety and welfare of patrons, employees and citizens of the city.
(Ord. 2280, passed 5-1-2007)
§ 10-803  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   ADULT ARCADE. Any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” and/or “specified anatomical areas.”
   ADULT BOOKSTORE, ADULT VIDEO STORE OR ADULT NOVELTY STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas;” or
      (2)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
      (3)   A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental or material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas” or if the business advertises the sale or rental of any such material in a way that can be seen or heard from the outside of the location.
   ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features any of the following:
      (1)   Persons who appear in a state of nudity.
      (2)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
      (3)   Films, motion pictures, video cassettes or video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas.”
   ADULT MOTEL. A hotel, motel or similar commercial establishment which does any of the following:
      (1)   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, compact discs or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions.
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours.
      (3)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the or where the principal subject of depiction or description is “specified sexual activities” and/or “specified anatomical areas.”
   ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
   EMPLOYEE, EMPLOY AND EMPLOYMENT. Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
   ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
   ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
   ESTABLISHMENT. Any of the following:
      (1)   The opening or commencement of any sexually oriented business as a new business.
      (2)   The conversion of an existing business to a sexually oriented business or from one type of sexually oriented business to another type or types of sexually oriented business.
      (3)   The addition of any sexually oriented business to any other existing sexually oriented business.
      (4)   The relocation of any sexually oriented business.
   LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued but also includes the individual listed as an applicant on the application for a license.
   NUDE MODEL STUDIO. A commercial establishment which regularly features a person who appears in a state of nudity and is provided to be observed, sketched, drawn, painted, sculpted, or photographed by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of Nebraska; or a college, junior college or university supported entirely or in part by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
   NUDE, NUDITY OR STATE OF NUDITY. The showing or depiction of the human, post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing or depiction of covered male genitals in a discernibly turgid state, or the showing or depiction of the female breast with less than a full opaque covering of any portion thereof below the top of the areolae of the nipple. This definition shall include the entire portion of the human female breast below the top of the areolae of the nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing.
   OPERATE OR CAUSE TO BE OPERATED. To cause to function or to put or keep in a state of doing business. OPERATOR means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether or not that person is an owner, part owner, or licensee of the business.
   PERSON. An individual, proprietorship, partnership, limited liability company or partnership, corporation, association or other legal entity.
   RESIDENTIAL. A single family, two family, or multiple family use as defined in ordinances of the City of Holdrege.
   SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and the female breast below the top of the areolae of the nipple, with other portions of the body covered by supporting straps, material or devices. This definition shall include the entire portion of the human female breast below the top of the areolae of the nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, or bathing suit or other clothing.
   SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
   SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio or sexual encounter center.
   SPECIFIED ANATOMICAL AREAS. The human, post-pubertal male or female genitals, pubic area, or buttocks with less than a full opaque covering, the male genitals in a discernibly turgid state even if completely and opaquely covered, or the female breast with less than a full opaque covering of any portion thereof below the top of the areolae of the nipple.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   The fondling or other erotic touching of human genitals, pubic area, buttocks or female breasts whether clothed or unclothed; or
      (2)   Acts whether actual or simulated, of human sexual intercourse, oral copulation, masturbation, or sodomy; or
      (3)   Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.
   SUBSTANTIAL ENLARGEMENT. The increase in floor area occupied by the business by more than 25%, as the floor area exists on the date this chapter takes effect or on the date of the issuance of a sexually oriented business license.
   TRANSFER OF OWNERSHIP OR CONTROL.
      (1)   The sale, lease or sublease of the business; or
      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 2280, passed 5-1-2007)
§ 10-804  CLASSIFICATION OF BUSINESSES.
   Sexually oriented businesses are classified as follows:
   (A)   Adult arcade;
   (B)   Adult bookstore, adult video store or adult novelty store;
   (C)   Adult cabaret;.
   (D)   Adult motel;
   (E)   Adult motion picture theater;
   (F)   Adult theater;
   (G)   Escort agency;
   (H)   Nude model studio; and
   (I)   Sexual encounter center.
(Ord. 2280, passed 5-1-2007)
§ 10-805  LICENSE REQUIRED; APPLICATION FOR LICENSE.
   (A)   It is unlawful to establish, operate, or cause to operate, a sexually oriented business without a valid license issued by the city for the particular type of classification of business.
   (B)   An application for a license must be made to the Chief of Police on a form provided by the Chief of Police.
   (C)   The applicant must meet all qualifications stated in this chapter before a license is issued and continuously thereafter during the license term. The application shall require and the applicant shall provide such information and documentation as is specified in this chapter.
   (D)   lf a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner, managing partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must meet the qualifications as stated in this chapter and each applicant shall be considered as a licensee if a license is granted.
   (E)   The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
      (1)   lf the applicant is:
         (a)   An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 21 or more years of age;
         (b)   A partnership or limited liability company, the partnership or limited liability company shall state its complete name, and the names of ail partners or members, residence address and whether the partnership or company is general or limited, a copy of the partnership, LLC/LLP organizational agreement, if any, and verification of current state registration, if any;
         (c)   A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the name, capacity and address of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
      (2)   Name of business. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's name and submit any registration documents.
      (3)   Whether the applicant has been convicted of a crime as specified in division (A)(7)(a) of § 10-807, and, if so, the crime, date, place and jurisdiction.
      (4)   Whether the applicant has had a previous license or holds a present license under this chapter or other similar sexually oriented business ordinances from another city or county and whether any license has been denied, suspended or revoked in this or any other jurisdiction, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner or member in a partnership or limited liability company or an officer, director, or principal stockholder of a corporation that is licensed under this chapter or in another jurisdiction or whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.
      (5)   Whether the applicant holds any other licenses under this chapter or operates other similar sexually oriented businesses in another city or county and, if so, the names and locations of such other businesses.
      (6)   The classification of license for which the applicant is filing.
      (7)   The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.
      (8)   The applicant's mailing address and residential address.
      (9)   The applicant's driver's license number, social security number, and state or Federal issued tax identification number.
      (10)   The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
   (F)   A person commits a misdemeanor if he or she operates a sexually oriented business without a valid license issued by the city for that particular classification of business.
   (G)   The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law and this chapter by the City of Holdrege Inspector and Holdrege Police Department.
   (H)   The fact that a person possesses other types of state or county licenses does not exempt him or her from the requirement of obtaining a sexually oriented business license.
(Ord. 2280, passed 5-1-2007)
§ 10-806  INVESTIGATION OF APPLICATION.
   (A)   Upon receipt of an application for a sexually oriented business license, the Chief of Police or designee shall conduct an investigation of the applicant and application including a location inspection and shall issue an investigation report.
   (B)   The Chief of Police or designee shall forward a copy of the application and investigation report to the Building Inspector and the Building Inspector shall inspect the location.
(Ord. 2280, passed 5-1-2007)
§ 10-807  LICENSE ISSUANCE AND DISPLAY.
   (A)   The City Inspector shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless he or she finds one or more of the following to be true:
      (1)   An applicant is not then 21 or more years of age.
      (2)   An applicant is currently required to register pursuant to the Nebraska Sex Offender Registration Act.
      (3)   An applicant or an applicant's spouse is overdue in his or her payment to the city or county of fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
      (4)   An applicant has failed to provide information reasonably necessary for issuance of the license including all information requested on the application form or has falsely answered a question or request for information on the application form.
      (5)   The premises to be used for the sexually oriented business is not in compliance with state or local building codes, rules and regulations.
      (6)   The investigation, inspection and license fees required by this chapter have not been paid.
      (7)   An applicant has been convicted of a crime:
         (a)   Involving:
            1.   Any of the following offenses as described in Nebraska State Statutes:
               A.   Prostitution;
               B.   Pandering;
               C.   Keeping a place of prostitution;
               D.   Debauching a minor;
               E.   Obscenity;
               F.   Contributing to the delinquency of a child;
               G.   Child pornography;
               H.   Possession, distribution or sale of child pornography;
            2.   Any of the following offenses as described in Nebraska State Statutes:
               A.   Incest;
               B.   Public indecency;
               C.   Allowing a child to participate in child pornography;
            3.   Sexual assault or sexual assault of a child as described in Nebraska State Statutes;
            4.   Solicitation of a child, or harboring a runaway child as described in Nebraska State Statutes; or
            5.   Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
         (b)   For which:
            1.   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, or the date of release from probation or parole, whichever is the later date, if the conviction is a misdemeanor offense;
            2.   Less than ten years have elapsed since the date of conviction or the date of release
from confinement for the conviction, or the date of release from probation or parole, whichever is the later date, if the conviction is a felony offense; or
            3.   Less than ten years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, or the date of release from probation or parole, whichever is the later date, if the convictions are of two or more misdemeanors of the offenses listed division (A)(7)(a) of § 10-807.
   (B)   The fact that a conviction is being appealed has no effect on the disqualification of the applicant under division (A) of this section.
   (C)   An applicant who has been convicted of an offense listed in division (A)(7)(a) above may qualify for a sexually oriented business license only when the time period required by division (A)(7)(b) has elapsed and all fines reference the criminal offenses have been fully paid.
   (D)   The City Inspector, upon approving the issuance of a sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action and that the applicant must pay the investigation/inspection and license fees at the Office of the City Inspector at the City Administration Building. The City Inspector's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and has obtained possession of the license. The City Inspector, upon denial of the issuance of sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action and the applicant can appeal such decision to the City Council, in writing filed with the City Clerk, within 30 days of the date of denial. City Council will hear the appeal within 30 days from the date the written appeal is received. After hearing, Council will affirm or reverse the decision of the City Inspector within 30 days after conclusion of the hearing. The hearing will be informal and rules of evidence do not apply. The applicant has the right to be represented. In case of reversal, the license shall issue.
   (E)   The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
   (F)   A sexually oriented business license shall issue for only one classification and the applicant can operate a business for only one licensed location in the city.
   (G)   The Police Department, Fire Department, and the City Inspector shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Police Chief. The certifications of the Police Department and Fire Department shall be promptly presented to the City Inspector.
(Ord. 2280, passed 5-1-2007)
§ 10-808  LICENSE FEE.
   (A)   The annual license fee for a sexually oriented business is $500.
   (B)   In addition to the annual license fee to be paid to the City Inspector at license issue required by division (A) of this section, an applicant for an initial sexually oriented business license shall, at the time of making application, pay a non-refundable investigation fee of $500 for the city to conduct an investigation of the application and for the city also to conduct inspections of the location to insure that the proposed sexually oriented business is in compliance with the location and other restrictions set forth in § 10-814.
(Ord. 2280, passed 5-1-2007)
§ 10-809  INSPECTIONS.
   (A)   An applicant, licensee, operator or employee shall permit representatives of the City of Holdrege Police Department, Fire Department, City Inspector, and any other state, county or city agency in the performance of any function connected with the enforcement of this chapter or other applicable laws, to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
   (B)   An applicant, licensee or operator of a sexually oriented business or his or her agent or employee commits a misdemeanor offense if he refuses to permit an inspection of the premises by a representative of an agency designated in division (A) of this section at any time it is occupied or open for business.
(Ord. 2280, passed 5-1-2007)
§ 10-810  LICENSE TERM AND RENEWAL.
   (A)   Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal should be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date, the expiration of tire license will not be affected.
   (B)   A sexually oriented business license may be renewed only by making application as provided in § 10-805. Application for renewal should be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date, the expiration of the license will not be affected by the pendency of the application.
(Ord. 2280, passed 5-1-2007)
§ 10-811  LICENSE SUSPENSION.
   (A)   The City Inspector shall suspend a license for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee:
      (1)   Violated or is not in compliance with any section of this chapter.
      (2)   Is required to register under the Nebraska Sex Offender Registration Act.
      (3)   Engaged in or permitted or did not control excessive use of alcoholic beverages on the sexually oriented business premises.
      (4)   Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
      (5)   Knowingly permitted gambling by any person on the sexually oriented business premises.
   (B)   Appeal of the decision of the City Inspector as to the existence of or non-compliance with the above matters shall be made to the City Council. Hearing will be informal and the rules of evidence shall not apply. The hearing will occur within 15 days from the filing of the appeal upon written notice mailed at least ten days prior to the hearing to the business address and applicant residence address as it appears on the application which the licensee is to amend if the residence address changes.
(Ord. 2280, passed 5-1-2007)
§ 10-812  LICENSE REVOCATION.
   (A)   The City Council shall revoke a license if a cause of suspension in § 10-811 occurs and the license has been suspended within the preceding 12 months.
   (B)   The City Council shall revoke a license if Council determines that:
      (1)   A licensee gave false or misleading information in the material submitted during the application process;
      (2)   A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
      (3)   A licensee or an employee has knowingly allowed prostitution on the premises;
      (4)   A licensee or an employee knowingly operates the sexually oriented business during a period of time when the licensee's license was suspended;
      (5)   A licensee has been convicted of an offense listed in division (A)(7)(a) of § 10-807 for which the time period required in division (A)(7)(b) of § 10-807 has not elapsed.
      (6)   On two or more occasions within a 24 month period, a person or persons committed an offense in or on the licensed premises of a crime listed in division (A)(7)(a) of § 10-807 for which a conviction has been obtained and the person or persons convicted were licensees or employees of the sexually oriented business at the time the offenses were committed; or
      (7)   A licensee or an employee of the sexually oriented business has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises. This section shall not apply to an adult motel unless the licensee or employee knowingly allowed such sexual acts to occur either in exchange for money or in a public place or within public view.
   (C)   After revocation, the licensee shall not be issued a sexually oriented business license for two years from the date revocation became effective. If, subsequent to revocation, the City Council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date revocation became effective and a corrective plan which addresses the violation and assures that the violation will not occur again is provided to Council. If the license was revoked under division (B)(5) above, an applicant may not be granted another license until the appropriate number of years required under division (A)(7)(b) of § 10-807 has elapsed.
   (D)   The determination by the City Council as to the existence of or non-compliance with the above matters shall be made in an open City Council session after mailing notice of hearing time, place and date to the license holder or its representatives fifteen days in advance of said hearing, stating that Council will consider revoking the license and the grounds there for. At said hearing, the license holder or its representatives may present oral or written evidence in support of the continuance of its license and may confront and question any witnesses or evidence in opposition to the continuation of its license. Although rules of evidence do not apply, any decision will be based on credible evidence of violation of the requirements as stated herein.
(Ord. 2280, passed 5-1-2007)
§ 10-813  TRANSFER OF LICENSE.
   A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the location designated in the license.
(Ord. 2280, passed 5-1-2007)
§ 10-814  LOCATION OF SEXUALLY ORIENTED BUSINESS.
   (A)   No sexually oriented business shall be established, operated or caused to be operated, in any zoning district other than a C-1 and C-3 zoning district as defined in the City of Holdrege Codified Ordinances.
   (B)   No sexually oriented business shall be established, operated or caused to be operated, within 500 feet of:
      (1)   A church or other building primarily used for religious services or associated church structure such as a parish or fellowship hall;
      (2)   A public or private educational facility including but not limited to child day care facilities,
nursery schools, preschools, home schools, elementary schools, middle schools, high schools, special education schools and community colleges. School includes the school grounds and playgrounds;
      (3)   A property line of a lot devoted to a residential use, either single or multiple family;
      (4)   A park;
      (5)   A hospital;
      (6)   Community recreation center;
      (7)   Public library;
      (8)   Facility for youth service such as youth center, boys or girls club, scout, 4-H or other youth program meeting building.
   (C)   No sexually oriented business shall be established, operated, caused to be operated or substantially enlarged, within 1,000 feet of another sexually oriented business.
   (D)   (1)   For the purposes of § 10-814(B), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in § 10-814(B).
      (2)   The presence of any political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
   (E)   For purposes of division (C) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Ord. 2280, passed 5-1-2007)
§ 10-815  NON-CONFORMING USES.
   (A)   Any sexually oriented business lawfully operating on February 28, 2007, that is in violation of this chapter shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use upon application and issuance of a license.
   (B)   A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the establishment of a § 10-814(B) use, subsequent to the grant of the sexually oriented business license, within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired, has not been continuously in effect, or has been revoked.
(Ord. 2280, passed 5-1-2007)
§ 10-816  FILMS OR VIDEOS.
   (A)   A person who operates or causes to be operated a sexually oriented business, classified as an adult arcade, which exhibits on the premises in a viewing room of 150 square feet or less of floor space a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
      (1)   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
      (2)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any reason from at least one of the manager's stations and all must be staffed when viewing access is made available so that all areas other than restrooms are supervised at all times viewing access is permitted. The supervision required in this subsection must be by direct line of sight from the manager's station.
      (3)   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in division (A)(2) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that to patron is permitted access to any area of the premises which has been designated as an area In-which patrons will not be permitted in the application filed pursuant to this chapter.
      (4)   No viewing room may be occupied by more than one person at any time.
      (5)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at the floor level.
      (6)   It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
   (B)   A person having a duty under division (A) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(Ord. 2280, passed 5-1-2007)
§ 10-817  ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY OR SEMI-NUDITY.
   (A)   No person shall appear, in a sexually oriented business, in a state of nudity or engage in or simulate specified sexual activities.
   (B)   No person shall appear, in a sexually oriented business, in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least six feet from any patron or customer and on a stage at least two feet from the door.
   (C)   No employee shall, while semi-nude in a sexually oriented business, solicit any pay or gratuity from any patron or customer, and no patron or customer shall pay or give any gratuity to any employee while said employee is semi-nude in a sexually oriented business.
   (D)   No employee shall, while semi-nude in a sexually oriented business, touch a patron or customer or the clothing of a patron or customer.
(Ord. 2280, passed 5-1-2007)