Loading...
§ 111.06 DRINKING ON PUBLIC PROPERTY; OPEN BEVERAGE CONTAINER.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC BEVERAGE.
         (a)   Includes:
            1.   Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
            2.   Wine of not less than 0.5% alcohol by volume; or
            3.   Distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
         (b)   ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as a beverage.
      HIGHWAY. A road or street including the entire area within the right-of-way.
      LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five and no more than 14 persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include taxicabs, hotel or airport buses or shuttles, or buses.
      OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) and 53-123.11(1)(c), any bottle, can, or other receptacle:
         (a)   That contains any amount of alcoholic beverage; and
         (b)   1.   That is open or has a broken seal; or
            2.   The contents of which are partially removed.
      PASSENGER AREA.
         (a)   The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in the area.
         (b)   PASSENGER AREA does not include the area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
   (B)   Except as otherwise provided in this section, it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in the municipality.
   (C)   Except as provided in § 111.03 or division (D) below, it is unlawful for any person to consume an alcoholic beverage:
      (1)   In a public parking area or on any highway in this municipality; or
      (2)   Inside a motor vehicle while in a public parking area or on any highway in the municipality.
   (D)   (1)   This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state Public Service Commission and subject to Neb. Admin. Code Title 237.
      (2)   Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in the municipality if:
         (a)   The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and
         (b)   Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver’s seat, including any compartments in such area.
(Prior Code, § 111.06) (Ord. 597, passed 7-17-2012) Penalty, see § 10.99
Statutory reference:
   Related provisions, see Neb. RS 60-6,211.08
LICENSES REQUIRED
§ 111.20 MANUFACTURE, SALE, DELIVERY, AND POSSESSION; GENERAL PROHIBITIONS; EXCEPTIONS.
   (A)   No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in this chapter and the State Liquor Control Act, being Neb. RS 53-101 et seq.
   (B)   Nothing in this chapter shall prevent:
      (1)   The possession of alcoholic liquor legally obtained as provided in this chapter or the Act for the personal use of the possessor and his or her family or guests;
      (2)   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 made solely for the use of the maker and his or her family and guests;
      (3)   Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for the sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of that hospital or other institution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of licensed physicians;
      (4)   The possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship, for the purpose of conducting any bona fide religious rite, ritual, or ceremony;
      (5)   Persons who are 16 years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor;
      (6)   Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;
      (7)   Persons who are 16 years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment;
      (8)   Persons who are 16 years old or older from completing a transaction for the sale of alcoholic liquor in the course of their employment if they are not handling or serving alcoholic liquor; or
      (9)   Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment.
(Neb. RS 53-168.06) Penalty, see § 10.99
§ 111.21 ACQUISITION AND POSSESSION; RESTRICTIONS.
   (A)   It shall be unlawful for any person to purchase, receive, acquire, accept, or possess any alcoholic liquor acquired from any other person other than one duly licensed to handle alcoholic liquor under this chapter and the State Liquor Control Act, being Neb. RS 53-101 et seq., unless within specific exemptions or exceptions provided in this chapter or the Act.
(Neb. RS 53-175)
   (B)   (1)   Except as otherwise provided in this section, it shall be unlawful for any person to transport, import, bring, ship, or cause to be transported, imported, brought, or shipped into this state for the personal use of the possessor, his or her family, or guests a quantity of alcoholic liquor in excess of nine liters in any one calendar month.
      (2)   Division (B)(1) above does not apply to a person importing alcoholic liquor from a holder of a retail direct sales shipping license or its equivalent, which alcoholic liquor is for personal use or for use by such person’s family or guests, if the total amount imported by such person in any one calendar year does not exceed 108 liters.
(Neb. RS 53-194.03)
Penalty, see § 10.99
§ 111.22 LICENSEE REQUIREMENTS.
   (A)   No license shall be issued to:
      (1)   A person who is not a resident of this state, except in case of railroad, airline, boat, or special party bus licenses;
      (2)   A person who is not of good character and reputation in the community in which he or she resides;
      (3)   A person who is not a resident of this state and legally able to work in this state;
      (4)   A person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States;
      (5)   A person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant Neb. RS Ch. 28, Art. 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state, except that any additional requirements imposed by this division (A) on May 18, 1983, shall not prevent any person holding a license on that date from retaining or renewing that license if the conviction or plea occurred prior to May 18, 1983;
      (6)   A person whose license issued under the State Liquor Control Act, being Neb. RS 53-101 et seq., has been revoked for cause;
      (7)   A person who at the time of application for renewal of any license issued under the Act would not be eligible for that license upon initial application;
      (8)   A partnership, unless one of the partners is a resident of this state and unless all the members of that partnership are otherwise qualified to obtain a license;
      (9)   A limited liability company, unless one of the members is a resident of this state and unless all the members of that company are otherwise qualified to obtain a license;
      (10)   A corporation, if any officer or director of the corporation or any stockholder owning in the aggregate more than 25% of the stock of that corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in divisions (A)(1) and (A)(3) above, or if a manager of a corporate licensee would be ineligible to receive a license under this section for any reason. This division (A)(10) shall not apply to railroad licenses;
      (11)   A person whose place of business is conducted by a manager or agent, unless that manager or agent possesses the same qualifications required of the licensee;
      (12)   A person who does not own the premises for which a license is sought or does not have a lease or combination of leases on the premises for the full period for which the license is to be issued;
      (13)   Except as provided in this division (A), an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such an applicant shall become eligible for a liquor license only if the State Liquor Control Commission finds from the evidence that the public interest will not be infringed upon if the license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license, the applicant is also ineligible to receive a liquor license. This prima facie evidence shall be overcome if it is shown to the satisfaction of the Commission:
         (a)   The licensed business will be the sole property of the applicant; and
         (b)   The licensed premises will be properly operated.
      (14)   A person seeking a license for premises which do not meet standards for fire safety as established by the State Fire Marshal;
      (15)   A law enforcement officer, except that this division (A)(15) shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization; or
      (16)   A person less than 21 years of age.
   (B)   When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or person who is mentally incompetent.
(Neb. RS 53-125) Penalty, see § 10.99
§ 111.23 LICENSES; CITY POWERS AND DUTIES.
   (A)   The governing body is authorized to regulate by ordinance, not inconsistent with the State Liquor Control Act, being Neb. RS 53-101 et seq., the business of all retail, craft brewery, and microdistillery licensees carried on within the corporate limits of the municipality.
   (B)   During the period of 45 days after the date of receipt by mail or electronic delivery from the State Liquor Control Commission notice and a copy of an application for a new license to sell alcoholic liquor at retail, a craft brewery license, or a microdistillery license, the governing body may make and submit to the Commission recommendations relative to the granting or refusal to grant the license to the applicant.
   (C)   The governing body, with respect to licenses within the corporate limits of the municipality, has the following powers, functions, and duties with respect to retail, craft brewery, and microdistillery licenses:
      (1)   To cancel or revoke for cause retail, craft brewery, or microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the State Liquor Control Commission;
      (2)   To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the State Liquor Control Act, being Neb. RS 53-101 et seq., to determine whether any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is being violated, and at that time examine the premises of the licensee in connection with such determination. Any law enforcement officer who determines that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is being violated shall report such violation in writing to the Executive Director of the Commission:
         (a)   Within 30 days after determining that such violation has occurred;
         (b)   Within 30 days after the conclusion of an ongoing police investigation; or
         (c)   Within 30 days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later.
      (3)   To receive a signed complaint from any citizen within its jurisdiction that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon these complaints in the manner provided in the Act;
      (4)   To receive retail, craft brewery, and microdistillery license fees as provided in Neb. RS 53-124 and 53-124.01 and pay the same, after the license has been delivered to the applicant, to the City Treasurer;
      (5)   To examine or cause to be examined any applicant or any retail, craft brewery, or microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in the Act, to examine or cause to be examined the books and records of any applicant or licensee, and to hear testimony and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the governing body may authorize its agent or attorney to act on its behalf;
      (6)   To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided for citizen complaints, it determines that the licensee has violated any of the provisions of the State Liquor Control Act, being Neb. RS 53-101 et seq., or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. The order of cancellation or revocation may be appealed to the Commission within 30 days after the date of the order by filing a notice of appeal with the Commission. The Commission shall handle the appeal in the manner provided for hearing on an application in Neb. RS 53-133; and
      (7)   Upon receipt from the Commission of the notice and copy of application as provided in Neb. RS 53-131, to fix a time and place for a hearing at which the governing body shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a license. Notice of the time and place of the hearing shall be published in a legal newspaper in or of general circulation in the municipality, one time not less than seven and not more than 14 days before the time of the hearing. The notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the governing body in support of or in protest against the issuance of the license may do so at the time of the hearing. The hearing shall be held not more than 45 days after the date of receipt of the notice from the Commission, and after the hearing the governing body shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of the license. The City Clerk shall mail to the Commission by first class mail, postage prepaid, a copy of the resolution, which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the Commission. If the Commission refuses to issue such a license, the cost of publication of notice shall be paid by the Commission from the security for costs.
   (D)   (1)   When the State Liquor Control Commission mails or delivers to the City Clerk a retail, craft brewery, or microdistillery license issued or renewed by the Commission, the Clerk shall deliver the license to the licensee upon receipt from the licensee of proof of payment of:
         (a)   The license fee if by the terms of Neb. RS 53-124 the fee is payable to the City Treasurer;
         (b)   Any fee for publication of notice of hearing before the governing body upon the application for the license;
         (c)   The fee for publication of notice of renewal, if applicable, as provided in Neb. RS 53-135.01; and
         (d)   Occupation taxes, if any, imposed by the municipality.
      (2)   Notwithstanding any ordinance or charter power to the contrary, the municipality shall not impose an occupation tax on the business of any person, firm, or corporation licensed under the State Liquor Control Act, being Neb. RS 53-101 et seq., and doing business within the corporate limits of the municipality in any sum which exceeds two times the amount of the license fee required to be paid under the Act to obtain that license.
(Prior Code, § 111.23) (Ord. 609, passed 7-17-2012)
Statutory reference:
   Related provisions, see Neb. RS 53-131, 53-132, 53-134, and 53-134.03
§ 111.24 LICENSED PREMISES; INSPECTIONS.
   (A)   The City Council shall cause frequent inspection to be made on the premises of all retail licensees and bottle club licensees. If it is found that any such licensee is violating any provision of this chapter, the State Liquor Control Act, being Neb. RS 53-101 et seq., or the rules and regulations of the State Liquor Control Commission, or is failing to observe in good faith the purposes of this chapter or the Act, the license may be suspended, canceled, or revoked after the licensee is given an opportunity to be heard in his or her defense.
   (B)   The City Council may inspect a charter bus providing service under a certificate of public convenience and necessity granted by the Public Service Commission when the owner or operator of the charter allows the consumption of alcoholic liquor in the charter bus by an individual who is 21 years of age or older so long as the inspection is performed when the bus has stopped for the purpose of allowing passengers to embark or disembark.
(Neb. RS 53-116.01)
§ 111.25 LICENSE RENEWAL; CITY POWERS AND DUTIES.
   (A)   A retail or bottle club license issued by the State Liquor Control Commission and outstanding may be automatically renewed by the Commission in the absence of a written request by the City Council to require the licensee to submit an application for renewal. Any licensed retail premises located in an area which is annexed to the city shall file a formal application for a license, and while the application is pending, the licensee may continue all license privileges until the original license expires or is canceled or revoked. If that license expires within 60 days following the annexation date of the area, the license may be renewed by order of the Commission for not more than one year.
(Neb. RS 53-135)
   (B)   (1)   The City Clerk shall cause to be published in a legal newspaper in or of general circulation in the city, one time between January 10 and January 30 of each year, individual notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the city, except that notice of the right of automatic renewal of Class C licenses shall be published between the dates of July 10 and July 30 of each year.
      (2)   If written protests to the issuance of automatic renewal of a license are filed in the office of the City Clerk by three or more residents of the city on or before February 10, or August 10 for Class C licenses, the City Council shall hold a hearing to determine whether continuation of the license should be allowed. Upon the conclusion of any hearing required by this section, the City Council may request a licensee to submit an application as provided in Neb. RS 53-135.
(Neb. RS 53-135.01)
Loading...