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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)
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 or for a bottle club within 150 feet of any church, school, hospital or home for indigent persons or for veterans and 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 or for a bottle club 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. Rev. Stat. § 53-177.01.
(B) If a proposed location for the sale at retail of any alcoholic liquor or for a bottle club 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. Rev. Stat. § 53-133 if the affected church submits a written request for a hearing.
(Neb. Rev. Stat. § 53-177)
(C) Unless otherwise exempted by Neb. Rev. Stat. § 53-177.01, 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 village, and no bottle club shall be operated within 300 feet from the campus of any college, 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. Rev. Stat. § 53-124.15.
(Neb. Rev. Stat. § 53-177.01) Penalty, see § 111.99
Statutory reference:
State commission may waive 300-feet requirement, see Neb. Rev. Stat. § 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. Rev. Stat. § 53-178) Penalty, see § 111.99
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. The licensed premises shall be subject to any health inspections the Board of Trustees or the village police may make or cause to be made. 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 § 111.99
Statutory reference:
Authority to regulate licensed premises, see Neb. Rev. Stat. § 53-134.03
State sanitary rules and regulations authorized, see Neb. Rev. Stat. § 53-118
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