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§ 111.35 LOCATION.
   (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
§ 111.36 ACCESS TO DWELLINGS.
   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
§ 111.37 SANITARY CONDITIONS.
   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
§ 111.38 CREDIT SALES PROHIBITED.
   (A)   No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook, on an order on a store, in exchange for any goods, wares or merchandise, or in payment for any services rendered, and if any person extends credit for any such purpose, the debt thereby attempted to be created shall not be recoverable at law.
   (B)   Nothing in this section shall prevent the following:
      (1)   Any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of such club;
      (2)   Any hotel or restaurant holding a retail license from permitting checks or statements for liquor to be signed by regular guests residing at such hotel or eating at such restaurant and charged to the accounts of such guests; or
      (3)   Any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers.
(Neb. Rev. Stat. § 53-183) Penalty, see § 111.99
§ 111.39 SPIKING BEER.
   It shall be unlawful for any person or persons who own, manage or lease any premises in which the sale of alcoholic beverages is licensed to serve or offer for sale any beer to which there has been added any alcohol or permit any person or persons to add alcohol to any beer on the licensed premises of such licensee.
(Neb. Rev. Stat. § 53-174) (Prior Code, § 10-114) Penalty, see § 111.99
§ 111.40 ORIGINAL PACKAGE.
   No person, except a manufacturer or wholesaler, shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor. It shall be unlawful for any person to have in his or her possession for sale at retail any bottles, casks or other containers containing alcoholic liquor except in original packages. Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale.
(Neb. Rev. Stat. § 53-184) Penalty, see § 111.99
§ 111.41 MINOR’S PRESENCE RESTRICTED.
   It shall be unlawful for any person who owns, manages or leases an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years of age to frequent or otherwise remain in the establishment unless the minor is accompanied by his or her parent or legal guardian, and unless the minor remains seated with and under the immediate control of the parent or legal guardian.
Penalty, see § 111.99
Statutory reference:
   Authority to regulate, see Neb. Rev. Stat. § 53-134.03
§ 111.42 HOURS OF SALE.
   (A)   No alcoholic liquor, including beer, shall be sold at retail or dispensed on any day between the hours of 1:00 a.m. and 6:00 a.m. except that the Board of Trustees with respect to area inside the corporate limits of the village may by ordinance or resolution:
      (1)   Require closing prior to 1:00 a.m. on any day;
      (2)   If adopted by a vote of at least two-thirds of the members of the Board of Trustees, permit retail sale or dispensing of alcoholic liquor for consumption on the premises, excluding sales for consumption off the premises, later than 1:00 a.m. and prior to 2:00 a.m. on any day;
      (3)   If adopted by a vote of at least two-thirds of the members of Board of Trustees, permit retail sale of alcoholic liquor for consumption off the premises later than 1:00 a.m. and prior to 2:00 a.m. on any day; or
      (4)   If adopted by a vote of at least two-thirds of the members of Board of Trustees, permit retail sale or dispensing of alcoholic liquor for consumption on the premises, excluding sales for consumption off the premises, and permit retail sale of alcoholic liquor for consumption off the premises later than 1:00 a.m. and prior to 2:00 a.m. on any day.
   (B)   Except as provided for and allowed by ordinance of the Board of Trustees, no alcoholic liquor, including beer, shall be sold at retail or dispensed inside the corporate limits of the village between the hours of 6:00 a.m. Sunday and 1:00 a.m. Monday. This division (B) shall not apply after 12 noon on Sunday to a licensee which is a nonprofit corporation and the holder of a Class C license or a Class I license.
   (C)   It shall be unlawful on property licensed to sell alcoholic liquor at retail to allow alcoholic liquor in open containers to remain or be in possession or control of any person for purposes of consumption between the hours of 15 minutes after the closing hour applicable to the licensed premises and 6:00 a.m. on any day.
   (D)   Nothing in this section shall prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic liquor is prohibited by this section.
(Neb. Rev. Stat. § 53-179)
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