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Any five residents of the city shall have the right to file a complaint with the City Council stating that any retail licensee or bottle club licensee subject to the jurisdiction of the City Council has been or is violating any provision of the State Liquor Control Act, being Neb. RS 53-101 et seq., or the rules or regulations issued pursuant to the Act. The complaint shall be in writing in the form prescribed by the City Council and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule, or regulation believed to have been violated and the facts in detail upon which belief is based. If the City Council is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for that belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of the hearing and of the particular charge in the complaint. The complaint shall in all cases be disposed of by the City Council within 30 days from the date the complaint was filed by resolution thereof, which resolution shall be deemed the final order for purposes of appeal to the State Liquor Control Commission as provided in Neb. RS 53-1,115.
(Neb. RS 53-134.04)
RETAIL ESTABLISHMENTS
(A) Except as otherwise provided in division (B) below, no license shall be issued for the sale at retail of any alcoholic liquor within 150 feet of any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children. This prohibition does not apply to any location within such distance of 150 feet:
(1) For which a license to sell alcoholic liquor at retail has been granted by the State Liquor Control Commission for two years continuously prior to making of application for license;
(2) To hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935; or
(3) To a college or university in the state which is subject to Neb. RS 53-177.01.
(B) If a proposed location for the sale at retail of any alcoholic liquor is within 150 feet of any church, a license may be issued if the Commission gives notice to the affected church and holds a hearing as prescribed in Neb. RS 53-133.
(C) No alcoholic liquor, other than beer, shall be sold for consumption on the premises within 300 feet from the campus of any college or university within the municipality, except that this section:
(1) Does not prohibit a nonpublic college or university from contracting with an individual or corporation holding a license to sell alcoholic liquor at retail for the purpose of selling alcoholic liquor at retail on the campus of such college or university at events sanctioned by such college or university but does prohibit the sale of alcoholic liquor at retail by such licensee on the campus of such nonpublic college or university at student activities or events; and
(2) Does not prohibit sales of alcoholic liquor by a community college culinary education program pursuant to Neb. RS 53-124.15.
(Prior Code, § 111.45) (Ord 612, passed 7-17-2012) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 53-177 and 53-177.01
State Commission may waive 300 foot requirement, see Neb. RS 53-177.01
Except in the case of hotels and clubs, no alcoholic liquor shall be manufactured or sold at retail or wholesale upon any premises which have any access which leads from the premises to any other portion of the same building or structure used for dwelling or lodging purposes and permitted to be used or kept accessible for use by the public. This section does not prevent any connection between the premises and such other portion of the building or structure which is used only by the licensee, his or her family, or personal guests.
(Neb. RS 53-178) Penalty, see § 10.99
(A) It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition. Toilet facilities shall be adequate and convenient for customers and patrons.
(B) The licensed premises shall be subject to any health inspections the City Council or the city 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 sanitary conditions shall be made at all hearings concerning the application for or renewal of a liquor license.
Penalty, see § 10.99
Statutory reference:
Authority to regulate licensed premises, see Neb. RS 53-134.03
State sanitary rules and regulations authorized, see Neb. RS 53-118
(A) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OFF SALE. Alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.
ON SALE. Alcoholic beverages sold at retail by the drink for consumption on the premises of the licensed establishment.
(B) It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the municipality except during the hours provided herein, provided that such limitations shall not apply after 12:00 p.m. on Sunday to a licensee which is a nonprofit corporation holding a license pursuant to Neb. RS 53-124(6):
Hours of Sale
|
Hours of Sale
| |
Alcoholic liquors (except beer and wine) | |
Secular days: | |
Off sale | 6:00 a.m. to 2:00 a.m. |
On sale | 6:00 a.m. to 2:00 a.m. |
Sundays: | |
Off sale | 12:00 p.m. to 2:00 a.m. |
On sale | 12:00 p.m. to 2:00 a.m. |
Beer and wine | |
Secular days: | |
Off sale | 6:00 a.m. to 2:00 a.m. |
On sale | 6:00 a.m. to 2:00 a.m. |
Sundays: | |
Off sale | 6:00 a.m. to 2:00 a.m. |
On sale | 6:00 a.m. to 2:00 a.m. |
(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.
(D) Nothing in this section shall be construed to prohibit licensed premises from being open for business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this section.
(Prior Code, § 111.48) (Ord. 591, passed 10-5-2010; Ord. 617, passed 8-20-2013; Ord. 631, passed 4-7-2015) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 53-179
(A) No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook, on an order on a store, in exchange for any goods, wares, or merchandise, or in payment for any services rendered, and if any person extends credit for any such purpose, the debt thereby attempted to be created shall not be recoverable at law.
(B) Nothing in this section shall prevent the following:
(1) Any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of such club;
(2) Any hotel or restaurant holding a retail license from permitting checks or statements for liquor to be signed by regular guests residing at such hotel or eating at such restaurant and charged to the accounts of such guests; or
(3) Any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers.
(Prior Code, § 111.49) (Ord. 610, passed 7-17-2012; Ord. 635, passed 4-7-2015) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 53-183
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