Loading...
(A) The Board of Trustees 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 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 Board of Trustees 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. Rev. Stat. § 53-116.01)
(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 Board of Trustees to require the licensee to submit an application for renewal. Any licensed retail premises located in an area which is annexed to the village 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. Rev. Stat. § 53-135)
(B) The Village Clerk-Treasurer shall cause to be published in a legal newspaper in or of general circulation in the village, 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 and each bottle club license within the village, 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. If written protests to the issuance of automatic renewal of a license are filed in the office of the Village Clerk-Treasurer by three or more residents of the village on or before February 10, or August 10 for Class C licenses, the Board of Trustees 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 Board of Trustees may request a licensee to submit an application as provided in Neb. Rev. Stat. § 53-135.
(Neb. Rev. Stat. § 53-135.01)
(A) The holder of a license to sell alcoholic liquor at retail issued under Neb. Rev. Stat. § 53-124, a craft brewery license, a microdistillery license, or a farm winery license may obtain an annual catering license by filing an application and license fee with the Nebraska Liquor Control Commission.
(B) Upon receipt from the Commission of the notice and a copy of the application as provided in Neb. Rev. Stat. § 53-124.12, the Board of Trustees shall process the application in the same manner as provided in § 111.17.
(C) The Board of Trustees, with respect to catering licensees within its corporate limits, may cancel a catering license for cause for the remainder of the period for which that catering license is issued. Any person whose catering license is canceled may appeal to the District Court.
(D) The Board of Trustees may impose an occupation tax on the business of a catering licensee doing business within the liquor license jurisdiction of the Board of Trustees. The tax may not exceed double the license fee for a catering license.
(Neb. Rev. Stat. § 53-124.12)
Every licensee under the State Liquor Control Act shall cause his or her license to be framed and hung in plain view in a conspicuous place on the licensed premises.
(Neb. Rev. Stat. § 53-148) Penalty, see § 111.99
If the owner of the licensed premises or any person from whom the licensee derives the right to possession of the premises, or the agent of that owner or person, knowingly permits the licensee to use the licensed premises in violation of the terms of the State Liquor Control Act or any village ordinance, that owner, agent or other person shall be deemed guilty of a violation of the Act or ordinance to the same extent as the licensee and be subject to the same punishment.
(Neb. Rev. Stat. § 53-1,101) Penalty, see § 111.99
Every act or omission of whatsoever nature constituting a violation of any of the provisions of the State Liquor Control Act or any village ordinance by any officer, director, manager or other agent or employee of any licensee, if the act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by the licensee personally.
(Neb. Rev. Stat. § 53-1,102) Penalty, see § 111.99
Any five residents of the village shall have the right to file a complaint with the Board of Trustees stating that any retail licensee or bottle club licensee subject to the jurisdiction of the Board of Trustees has been or is violating any provision of the State Liquor Control Act or the rules or regulations issued pursuant to the Act. The complaint shall be in writing in the form prescribed by the Board of Trustees 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 Board of Trustees 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 Board of Trustees 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. Rev. Stat. § 53-1,115.
(Neb. Rev. Stat. § 53-134.04)
Loading...