In addition to the absolute prohibition contained in the Liquor Control Act against the granting of licenses to sell alcoholic liquor under certain conditions specified therein, the City Council shall consider the following criteria when determining whether or not to recommend approval or denial of an application for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises:
(a) Whether the applicant is fit, willing, and able to properly provide the service proposed in the conformance with all provisions, requirements, needs, and regulations provided for in the Nebraska Liquor Control Act.
(b) Information contained in the public records of the Nebraska Liquor Control Commission and/or investigations conducted by the Police Department relating to the applicant(s).
(c) Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with R.S.N. § 53-102.
(d) Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all of the provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act and this chapter.
(e) Whether the applicant has taken reasonable precautions to protect against the possibility of shoplifting of alcoholic beverages.
(f) Past instances of discrimination involving the applicant(s) as evidenced by findings of fact before any administrative board or agency of the municipality or any governmental board or agency or any other governmental unit or court of law.
(g) Past compliance with state laws and liquor regulations and municipal ordinances and regulations.
(h) Whether the applicant or its representatives have suppressed any facts or provided any nonfactual information to the governing body or its employees or designated agents in regard to the license application or liquor investigations. The applicant is required to cooperate in providing a full disclosure to the investigating agents of the municipality.
(i) Proximity of and impact on schools, hospitals, libraries, and public institutions or facilities.
(j) Whether the type of entertainment to be offered, if any, will be appropriate and nondisruptive to the neighborhood where the premises are located and the community at large.
(k) Whether or not the applicant has ever forfeited bond to appear in court to answer charges of having committed a felony, or charges of having violated any law or ordinance enacted in the interest of good morals and decency, or has been convicted of violating or forfeiting bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquors.
(l) Whether or not the proposed premises conforms to all building regulations and all fire regulations imposed by the Municipal Code of the City.
(m) Whether the residence requirements of R.S.N. § 53-125 are met.
(n) The adequacy of existing law enforcement resources and services in the area.
(o) The recommendation of the Police Department or any other law enforcement agency.
(p) Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems, and the proximity and availability of on-street and off-street parking.
(q) Zoning restrictions and the municipality’s zoning and land use policies.
(r) Sanitation or sanitary conditions on or about the proposed licensed premises.
(s) The existence of a citizens’ protest and any other evidence in support of or in opposition to the application.
(t) The existing population, and projected growth, both City-wide and within the area to be served.
(u) The existing liquor licenses, the class of such licenses, and the location of such licenses.
(v) The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth.
(w) Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest.
(x) Other information and data that may reasonably be considered pertinent to the issuance of the license.
(Ord. 1089. Passed 6-10-86; Ord. 1784. Passed 2-14-17.)