GENERAL PROVISIONS
Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file with the Liquor Control Commission. The Commission shall then notify by registered or certified mail the City Clerk. The City Council shall then meet and determine the desirability of the application and report in writing or in person to the Commission within 30 days. The City Council may examine, or cause to be examined, under oath, any applicant; examine, or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof for its information in the performance of its duties. For the purpose of obtaining any of the information desired, the City Council may authorize its agent, or the City Attorney, to act on their behalf. The City Council may hold the said examination and hearing upon the receipt from the Commission of the notice and copy of the application. The City Council shall fix a time and place at which a hearing will be held, and at which time the City Council may receive competent evidence under oath, either orally, or by affidavit, from the applicant or any other person concerning the propriety of the issuance of such license. Notice shall be published in a legal newspaper in, or of general circulation in the city one time not less than seven nor more than 14 days before the time of the hearing. Such notice shall include, but not be limited to a statement that all persons desiring to give evidence before the local City Council in support of or protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than 21 days after the receipt of the Commission's letter of notice, and after such hearing, the City Council shall cause to be spread at large in the minute record of their proceedings a resolution recommending either issuance or refusal of said applicant. The City Clerk shall thereupon mail to the Commission a copy of the resolution which shall state the cost of the published notice, except that failure to hold a hearing and to examine the said applicant shall not render void any license issued by the Commission. In the event the Commission refuses to issue a license, the cost of the publication of notice as herein required shall be paid by the Commission.
(Neb. RS 53-131, 53-134) ('72 Code, § 10-307) (Am. Ord. 1255, passed 5-8-86; Am. Ord. 1328, passed 12-28-89; Am. Ord. 1386, passed 2-27-92)
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OFF SALE. Alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.
ON SALE. Alcoholic beverages sold at retail by the drink for consumption on the premises of the licensed establishment.
(B) It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the city except during the hours provided herein except for those nonprofit corporations holding either a Class C and/or Class I licenses pursuant to Neb. RS 53-124 who have requested of the City Council and received approval on a case by case basis, to serve alcoholic liquors before 12:00 p.m. noon on Sundays.
HOURS OF SALE | ||
Alcoholic Liquors (except beer and wine) | ||
Secular Days | ||
Off Sale | 6:00 a.m. to 1:00 a.m. | |
On Sale | 6:00 a.m. to 1:00 a.m. | |
Sundays | ||
Off Sale | 12:00 noon to 1:00 a.m. | |
On Sale | 12:00 noon to 1:00 a.m. | |
Beer and Wine | ||
Secular Days | ||
Off Sale | 6:00 a.m. to 1:00 a.m. | |
On Sale | 6:00 a.m. to 1:00 a.m. | |
Sundays | ||
Off Sale | 6:00 a.m. to 1:00 a.m. | |
On Sale | 6:00 a.m. to 1:00 a.m. | |
(C) No person or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than 15 minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises.
(D) Nothing in this section shall be construed to prohibit licensed premises from being open for business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this section.
('72 Code, § 10-318) (Am. Ord. 1178, passed 10-8-81; Am. Ord. 1208, passed 9-22-83; Am. Ord. 1369, passed 9-12-91) Penalty, see § 10.99
Statutory reference:
Authority to alter statutory hours, see Neb. RS 53-179
Loading...