(A) Any person desiring to obtain a new license to sell alcoholic liquor at retail or a craft brewery license shall file an application with the Liquor Control Commission. The Liquor Control Commission shall then notify by registered or certified mail the City Clerk. The Liquor Control Commission shall set for hearing before it any application for a retail license relative to which it has received, within 30 days from the date of receipt of the application by the city, a recommendation of denial from the city.
(B) Upon receipt of the notice and copy of the application, the City Council shall fix a time and place at which a hearing will be held, and at which the City Council may receive evidence, either orally or by affidavit, from the applicant or any other person concerning the propriety of the issuance of the license. Notice of the time and place of such hearing shall be published in a legal newspaper in or of general circulation in the city one time not less than seven nor 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 local City Council in support of or protest against the issuance of the license may do so at the time of the hearing. The hearing shall be held not more than 21 days after the receipt of this notice from the Liquor Control Commission.
(C) In determining what recommendation to make to the Liquor Control Commission, the City Council shall consider:
(1) Whether the applicant is fit, willing, and able to properly provide the service proposed within the city;
(2) Whether the applicant can conform to all provisions, requirements, rules, and regulations provided for in the State Liquor Control Act;
(3) Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the State Liquor Control Act; and
(4) Whether the issuance of the license is or will be required by the present or future public convenience and necessity.
(D) After the hearing, the City Council 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 City Clerk shall thereupon mail to the Liquor Control 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 herewith shall not render void any license issued by the Liquor Control Commission. In the event the Liquor Control Commission refuses to issue such a license, the cost of publication of notice as herein required shall be paid by the Liquor Control Commission from the security for costs.
(Neb. RS 53-131 through 53-134) (Prior Code, § 10-105)