(A) Notice. Notice of a hearing, held pursuant to Neb. RS 53-134, shall be given to the applicant by the City 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 Council that prejudice would result therefrom.
(B) Procedure.
(1) Hearings will be informal and conducted by the Mayor. 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.
(2) The governing body or the applicant may order the hearing to be recorded by the Clerk, at the expense of the applicant.
(3) 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 Mayor may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to any application and the opposition desires the opportunity to present arguments and to cross examine the applicant and any witnesses in favor of the application, they shall choose a spokesperson to perform the function, who shall notify the mayor of his or her representation prior to the start of the hearing.
(4) The order of the proceedings is as follows:
(a) Marking of exhibits; exhibits will be marked in advance by the Clerk and presented to the Mayor during the presentation;
(b) Presentation of evidence, witnesses and arguments by the applicant;
(c) Testimony of any other citizens in favor of the proposed license;
(d) Examination of the applicant, witnesses or citizens by the City Attorney, City Administrator, governing body or duly appointed agent;
(e) Cross examination of the applicant, witnesses or citizens by the spokesperson for the opposition, if any;
(f) Presentation of evidence and witnesses by the opposition;
(g) Testimony of any other citizens in opposition to the proposed license;
(h) Presentation of evidence by city and law enforcement personnel;
(i) Cross examination by the applicant;
(j) Rebuttal evidence by both parties and by the city administration or agent; and
(k) Summation by the applicant and opposition spokesperson, if any.
(Prior Code, § 4-8)