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§ 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)
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