Article 6. Alcoholic Beverages


§10-601             ALCOHOLIC BEVERAGES; CRITERIA AND STANDARDS. At the hearing held by the Governing Body of any applicant for a retail liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, the Governing Body shall consider the following criteria and standards in making its decision.

 

             (1)        The adequacy of existing law enforcement.

             (2)        The recommendation of the Police Department, the York County Sheriffs Office, or any other law enforcement agency.

             (3)        Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed premises, potential traffic and parking problems, and the proximity and availability of on and off street parking.

             (4)        Sanitation or sanitary conditions on or about the proposed licensed premises.

             (5)        The existence of a citizens̓ protest and any other evidence in support of or in opposition to the application.

             (6)        The existing population of the city and its projected growth.

             (7)        The existing liquor licenses, the class of such license, and the distance and time of travel to such licenses.

             (8)        The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth.

             (9)        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.

             (10)      The quality and management ability of the applicant as well as the background information of the applicants established by information contained in the records of the Nebraska Liquor Control Commission and any investigation conducted by any law enforcement agency.

             (11)      Past compliance and ability to comply in the future with state laws and liquor regulations and city ordinances and regulations.

             (12)      If the application is for an on-sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food and liquor, and the type and extent of kitchen facilities.

             (13)      The suppression of facts or the providing of non-factual information by the applicant or its representatives to the Governing Body or its employees in regard to the license application or liquor investigations.

             (14)      Whether the application will provide an improvement to the neighborhood, a betterment to the city, or a true increase in service to the public.

             (15)      Zoning restrictions and the city zoning and land use policies.


§10-602             ALCOHOLIC BEVERAGES; STANDARDS WEIGHED. The standards specified in section 10-601 are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. When applicable, the term “applicants” as used in this Article is synonymous with “license.”


§10-603             ALCOHOLIC BEVERAGES; REQUIREMENTS AND CONDITIONS. The Governing Body may fix certain requirements and prescribe certain conditions upon a license when it is granted or permitted to continue in full force and effect, whether such requirements or conditions are imposed at a formal hearing, by a written notice, or in a written stipulation, and such requirements or conditions shall be deemed to be a part of the license as though fully endorsed therein; and any violation or breach of any requirement or condition is prohibited.


§10-604             ALCOHOLIC BEVERAGES; NOTICE OF HEARING. Notice of a hearing held pursuant to section 53-134 RS Neb, shall be given to the applicant by the Municipal Clerk and shall contain the date, time and location of the hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the Governing Body that prejudice would result therefrom.


§10-605             ALCOHOLIC BEVERAGES; HEARING PROCEDURE. Hearings will be informal and conducted by the Mayor who will act as Chairperson. The intent is an inquiry into the facts, not an adversary action.

             The Governing Body shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing including the admission or exclusion of testimony or other evidence. The Governing Body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals in the conduct of their affairs. The Chairperson may limit testimony where it appears incompetent, irrelevant or unduly repetitious.


             The order of proceedings is as follows:


             (1)        Presentation of evidence, witnesses, and arguments on behalf of the applicant.

             (2)        Cross-examination by the members of the Governing Body and Municipal Attorney and opposition to the applicant.

             (3)        Presentations of evidence, witnesses, and arguments by those in opposition to the applicant.

             (4)        Cross-examination by the members of the Governing Body and Municipal Attorney and by the applicant.

             (5)        Rebuttal evidence by both parties.

             (6)        Summation by both parties.


             In all cases, the burden of proof and persuasion shall be on the party filing the application.

             Any member of the Governing Body may question any witnesses, call witnesses, or request information.

             All witnesses shall be sworn.

             The Governing Body may make further inquiry and investigation following the hearing.


§10-606             ALCOHOLIC BEVERAGES; LIQUOR APPLICATION; MUNICIPAL EXAMINATION. Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file with the Nebraska Liquor Control Commission. The Commission shall then notify the Municipal Clerk by registered or certified mail. The Governing Body shall then meet and determine the desirability of the application and report its recommendation for approval or denial of the application in writing to the Nebraska Liquor Control Commission within forty-five (45) days of receipt from the Nebraska Liquor Control Commission. The Governing Body 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; hear testimony; and take proof for its information in the performance of its duties. For the purpose of obtaining any of the information desired, the Governing Body may authorize the Municipal Clerk or the Municipal Attorney to act on its behalf. The Governing Body shall fix a time and place at which a hearing will be held. Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the municipality one time not less than seven (7) nor more than fourteen (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 Governing Body in support of or in protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than twenty-one (21) days after the receipt of notice from the Commission. After such hearing, the Governing Body shall cause to be entered in the minute record of its proceedings a resolution recommending either issuance or refusal of such license. The Municipal Clerk shall thereupon mail to the Commission by first class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice.