(A) The Governing Body is authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, bottle club, craft brewery and micro distillery 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 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 micro distillery 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, bottle club, craft brewery and microdistillery licenses:
(1) To cancel or revoke for cause retail, craft brewery or microdistillery licenses to sell or dispense alcoholic liquor or bottle club licenses issued to persons for premises within its jurisdiction, subject to the right of appeal to the Nebraska Liquor Control Commission;
(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act 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 local 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, bottle club, 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 Municipal Treasurer;
(5) To examine or cause to be examined any applicant or any retail, bottle club, craft brewery, or micro distillery 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, except as otherwise provided for bottle club licensees under state law, 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 in this code or Neb. RS 53-134.04, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act 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 proceeding 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; and
(8) To review and authorize an application by a retail, bottle club, craft brewery, farm winery, or microdistillery licensee for a temporary expansion of its licensed premises within the jurisdiction of the local Governing Body to an immediately adjacent area owned or leased by the licensee or to an immediately adjacent street, parking lot, or alley, not to exceed 50 days for calendar year 2020 and, for each calendar year thereafter, not to exceed 15 days per calendar year, as provided in Neb. RS 53-123.12 and Neb. RS 53-129; and
(9) To review and authorize an application by a craft brewery, farm winery, or microdistillery licensee that holds a promotional farmers market special designated license for a permit to use such promotional farmers market special designated license to sell or dispense alcoholic liquor, which the holder is licensed to produce, at a farmers market within the jurisdiction of the local Governing Body as provided in section 14 of the Act. The local Governing Body shall electronically notify the Commission within five days after authorization of any permit pursuant to this division (C)(9).
(D) (1) When the Nebraska Liquor Control Commission mails or delivers to the City Clerk a retail, craft brewery, or micro distillery 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 Municipal 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, except that Class J retail license shall not be subject to occupation taxes.
(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 Nebraska Liquor Control Act 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.
(1990 Code, § 10-109) (Ord. 520, passed 5-9-2000; Ord. 833, passed 2-5-2019; Ord. 861, passed 1-5-2021; Ord. 882, passed 12-7-2021)
Statutory reference:
Related state law provisions, see Neb. RS 53-131, 53-132, 53-134, 53-134.03