(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’s Liquor Control Commission for two years continuously prior to the making of application for a license;
(2) To hotels offering restaurant service, to regularly organized clubs or to restaurants, food shops or other places where the 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. RS 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. RS 53-133 if the affected church submits a written request for a hearing.
(Neb. RS 53-177)
(C) No alcoholic liquor shall be sold for consumption on the premises within 300 feet from the campus of any college or university in the state, 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. RS 53-124.15.
(D) Except as otherwise provided in division (F) below, the Commission may waive the 300-foot restriction in division (C) above, taking into consideration one or more of the following:
(1) The impact of retail sales of alcoholic liquor for consumption on the premises on the academic mission of the college or university;
(2) The impact on students and prospective students if such sales were permitted on or near campus;
(3) The impact on economic development opportunities located within or in proximity to the campus; and
(4) The waiver would likely reduce the number of applications for special designated licenses requested by the college or university or its designee.
(E) (1) To apply for a waiver under this section, the applicant shall submit a written application to the Commission. The Commission shall notify the governing body of the affected college or university when the Commission receives an application for a waiver.
(2) The application shall include:
(a) The address of the location for which the waiver is requested;
(b) The name and type of business for which the waiver is requested; and
(c) A description of the justification for the waiver explaining how the proposed location complies with the findings prescribed in division (E)(2)(b) above.
(F) The Commission shall not waive the 300-foot restriction in division (C) above without written approval from the governing body of the college or university or its designee if the physical location of the property which is the subject of the requested waiver is:
(1) Surrounded by property owned by the college or university, including any public or private easement, street or right-of-way adjacent to the property owned by the college or university; or
(2) Adjacent to property on two or more sides owned by the college or university, including any public or private easement, street or right-of-way adjacent to the property owned by the college or university.
(G) No bottle club shall be operated within 300 feet from the campus of any college or university in the state.
(Neb. RS 53-177.01)
Penalty, see § 111.999
Statutory reference:
State Commission may waive 300-foot requirement, see Neb. RS 53-177.01