(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. The committee consisting of the City Mayor, City Clerk-Finance Director and Police Chief, all serving on behalf of the City Council.
CITATION. See VIOLATION.
NLCC or NEBRASKA LIQUOR CONTROL COMMISSION. The state governing body as created under the state’s Liquor Control Act, being Neb. RS 53-101 et seq.
SDL or SPECIAL DESIGNATED LICENSE. A license for a special event whereby alcoholic liquors will be sold as required by the state’s Liquor Control Act, being Neb. RS 53-101 et seq.
VIOLATION. An act which is in noncompliance with the state’s Liquor Control Act, being Neb. RS 53-101 et seq. or state statutes or city ordinances.
VIOLATION PERIOD. The 12-month period immediately preceding the date of the SDL application.
(B) Eligible organizations.
(1) Only current retail liquor license holders and 501(c) nonprofit organizations can apply for an SDL as defined by the state’s Liquor Control Commission.
(2) The applicant must have fewer than two violations during the violation period at the time of application.
(3) The applicant may have previously applied for an SDL and the City Council reviewed and approved the application.
(4) All other organizations that do not meet the criteria above will automatically be referred to the City Council for placement on the next City Council meeting agenda.
(C) Application time.
(1) Application Form 200 of the NLCC and all supporting documents shall be submitted to the City Clerk not less than ten business days prior to the event.
(a) If the applicant is unsure of administrative approval, the applicant shall submit the application in a timeframe that allows for the appeals process prior to the event
(b) Incomplete applications may delay the processing of an application.
(2) The application will be processed by an agent within two business days of receipt of the application or forwarded to the next City Council agenda if timing allows.
(3) The NLCC requires that an SDL application must be submitted a minimum of ten working days prior to the event for Commission approval. Late applications or applications missing signed local approval will be rejected by the NLCC. There are no exceptions.
(D) Review process.
(1) In determining if the SDL license should be approved or denied, the agent shall determine that all statutes, rules and requirements affecting said SDL license are complied with and fulfilled prior to approving said license.
(2) If it is determined that unusual or special circumstances are involved in the approving or denying of said license, the agent shall refer said application to the City Council for approval or denial of said license.
(3) An applicant for an SDL license that has had the license denied by the agent may appeal the determination of the agent to the City Council. In order to be heard on appeal by the City Council, the applicant shall file with the City Clerk, not later than three days following the denial of application, a request to be heard by the City Council at the next regular City Council meeting.
(4) The notice of approval or denial of the license shall be forwarded to the NLCC in the same manner as if approval or denial was issued by the City Council.
(5) Issuance of an SDL is subject to review and approval by the NLCC. After the application is approved by the NLCC, the license will be mailed to the City Clerk’s office.
(Res. 2023-02, passed 4-24-2023)