(A) The following form is hereby prescribed for the use of residents of this city desiring to complain to the Mayor and the City Council that any licensee is violating any provision of the state’s Liquor Control Act, being Neb. RS 53-101 et seq., regulations prescribed by the state’s Liquor Control Commission or any provision of this chapter.
To the mayor and City Council of the City of Ponca, Nebraska. |
The undersigned respectfully state: |
1. That they are each residents of the City of Ponca, Nebraska. |
2. That they believe that ______________, the holder of a Class ___ license in the aforesaid city, has violated Section _________ of (check one or more) |
_____ the Nebraska Liquor Control Act. |
_____ the regulations prescribed by the Nebraska Liquor Control Commission. |
_____ the Municipal Code of the City of Ponca, Nebraska. |
3. That the aforesaid belief is based on the following facts, to-wit: _____________ |
______________________________________________________________________ |
______________________________________________________________________ |
______________________________________________________________________ |
______________________________________________________________________ |
STATE OF NEBRASKA ) |
) ss |
COUNTY OF DIXON ) |
Subscribed in my presence and sworn to before me by ________________, _______________, and ________________, this _____ day of_____________, 20____ |
__________________________ |
Notary Public |
My commission expires __________. |
(Prior Code, § 4-310)
(B) (1) The City Clerk shall supply the forms prescribed herein and shall, on request, supply one to any resident of this city desirous of initiating a complaint thereon. Any complaint duly executed on the aforesaid form by five residents of this city and filed with the City Clerk shall be presented by the Clerk to the Mayor and City Council at their next meeting. If the Mayor and the City Council are satisfied that the complaint substantially charges a violation and that, from the facts alleged, there is a reasonable cause for such belief, they shall, by resolution, set the matter for hearing within ten days from the filing of the complaint.
(2) Said resolution shall state the time and place of said hearing and shall direct the Chief of Police to serve the same on the licensee by delivering to him or her personally a true and certified copy thereof at least 72 hours prior to the time of hearing. Said resolution shall also state the section or sections of the state’s Liquor Control Act, the regulations prescribed by the state’s Liquor Control Commission or this chapter alleged to have been violated, and the facts on which said allegations are based as stated in the complaint. Present at said hearing shall be the City Attorney and the licensee, who may be represented by counsel employed by him or her. The complainants shall be present and may be represented by counsel employed by them. The Mayor and the City Council shall, within 30 days from the date the complaint is filed, by resolution dispose of the complaint, which resolution shall be deemed the final order for purposes of appeal to the state’s Liquor Control Commission.
(Prior Code, § 4-311)