TITLE XI: BUSINESS REGULATIONS

Chapter

110. BUSINESS LICENSING AND TAXATION

111. PEDDLERS, ITINERANT MERCHANTS,
AND SOLICITORS

112. ALCOHOLIC BEVERAGES

CHAPTER 110: BUSINESS LICENSING AND TAXATION

Section

General Provisions

110.01 Plumbers
110.02 Electricians

Occupation Taxes

110.20 Collection date
110.21 Certificates
110.22 Bond
110.23 Amounts
110.24 Failure to pay

GENERAL PROVISIONS

§ 110.01 PLUMBERS.

No person shall hereafter engage in or work at the business of a master plumber or journeyman plumber in the municipality until he or she shall have registered as a master plumber or journeyman plumber. Application for registration shall be made in writing to the Utilities Superintendent, showing the name and residence of the applicant, the business location of the applicant, and such other information as may be required.
(Neb. RS 18-1911) (`88 Code, § 10-301) Penalty, see § 10.99

§ 110.02 ELECTRICIANS.

No person shall hereafter engage in or work at the business of a master electrician or journeyman electrician in the municipality until he or she shall have registered as a master electrician or journeyman electrician. Application for registration shall be made in writing to the Utilities Superintendent, showing the name and residence of the applicant, the business location of the applicant, and such other information as may be required.
(Neb. RS 18-1911) (`88 Code, § 10-302) Penalty, see § 10.99

OCCUPATION TAXES

§ 110.20 COLLECTION DATE.

All occupation taxes shall be due, and payable on the first day of May of each year, except in the event that the tax is levied daily, and upon the payment thereof by any person or persons to the Municipal Clerk, the Clerk shall give a receipt, properly dated, and specifying the person paying the tax, and the amount paid; provided, occupation taxes collected from Class C liquor licenses shall be due and payable on the first day of November. The revenue collected shall then be immediately deposited into the general fund by the Municipal Treasurer. The Municipal Treasurer shall keep an accurate account of all revenue turned over to him or her. All forms and receipts herein mentioned shall be issued in duplicate. One copy shall then be kept by each party in the transaction.
(Neb. RS 17-525) (`88 Code, § 10-501)

§ 110.21 CERTIFICATES.

The receipt issued after the payment of any occupation tax shall be the occupation tax certificate. The certificate shall specify the amount of the tax and the name of the person and business that paid the tax. The occupation tax certificate shall then be displayed in a prominent place or carried in such a way as to be easily accessible while business is being conducted.
(Neb. RS 17-525) (`88 Code, § 10-502)

§ 110.22 BOND.

Any person, company or corporation subject to the provisions of this chapter shall file with the Municipal Clerk a bond running to the municipality in a sum set by resolution of the City Council. The bond shall be executed by the person filing the bond, and one corporate surety, or two individual sureties upon whom service of process may be had in the county. Such bond shall be approved by the Municipal Attorney. Such bond shall be conditioned upon the person, company or corporation's full compliance with this municipal code and the statutes of the state of Nebraska. Such bond will pay all judgments and costs rendered against any person, company or corporation covered by this chapter for any violation of this code or the statutes of the state of Nebraska. Action on the bond may be brought in the name of the municipality to the use of the aggrieved person.
(`88 Code, § 10-503)

§ 110.23 AMOUNTS.

For the purpose of raising revenue, an occupation tax is hereby levied on the following businesses:

(A) Retail sellers of alcoholic liquors, including beer, for consumptions on or off premises of seller, per year $500

(B) Plumbers and electricians doing work within the corporate limits of the municipality
Per year $30
Per day $3

(C) Insurance companies, per year $5
(Neb. RS 17-525) (`88 Code, § 10-504) Penalty, see § 10.99

§ 110.24 FAILURE TO PAY.

If any person, company, or corporation fails or neglects to pay the occupation taxes as provided herein on the day they become due and payable, the municipality shall then proceed by civil suit to collect the amount due. All delinquent taxes shall bear interest at the rate of 1% per month until paid.
(Neb. RS 17-525) (`88 Code, § 10-505)

CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS

Section

111.01 Definitions
111.02 License requirement
111.03 Application procedure
111.04 Standards for issuance
111.05 Revocation procedure
111.06 Standards for revocation
111.07 Appeal procedure
111.08 Exhibition of identification
111.09 City policy on soliciting
111.10 Notice regulating soliciting
111.11 Duty of solicitors to ascertain notice
111.12 Prohibited solicitation
111.13 Exemptions

§ 111.01 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.

GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.

ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.

PEDDLER. Any person, not an itinerant merchant, who:

(1) Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or

(2) Without traveling from place to place, sells or offers goods for sale from any public place within the city.

SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.

§ 111.02 LICENSE REQUIREMENT.

(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.

(B) The fee for the license required by this chapter shall be as set from time to time by the City Council.

(C) No license issued under this chapter shall be transferable.

(D) All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.
Penalty, see § 10.99

§ 111.03 APPLICATION PROCEDURE.

(A) All applicants for licenses required by this chapter shall file an application with the Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:

(1) The name and address of the applicant;

(2) (a) The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;

(b) The local address of such individual;

(c) The permanent address of such individual;

(d) The capacity in which such individual will act;

(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;

(4) The time period or periods during which it is proposed to carry on applicant's business;

(5) (a) The nature, character, and quality of the goods or services to be offered for sale or delivered;

(b) If goods, their invoice value and whether they are to be sold by sample as well as from stock;

(c) If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;

(6) The nature of the advertising proposed to be done for the business;

(7) Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.

(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:

(1) A description of the applicant;

(2) A description of any vehicle proposed to be used in the business, including its registration number, if any.

(C) All applicants for licenses required by this chapter shall attach to their application, if required by the city, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

(D) Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
Penalty, see § 10.99

§ 111.04 STANDARDS FOR ISSUANCE.

(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.

(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has committed any of the following will constitute valid reasons for disapproval of an application:

(1) Has been convicted of a crime of moral turpitude; or
(2) Has made willful misstatements in the application; or

(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or

(4) Has committed prior fraudulent acts; or

(5) Has a record of continual breaches of solicited contracts.

§ 111.05 REVOCATION PROCEDURE.

Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in § 111.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.

§ 111.06 STANDARDS FOR REVOCATION.

A license granted under this chapter may be revoked for any of the following reasons:

(A) Any fraud or misrepresentation contained in the license application; or

(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license; or

(C) Any violation of this chapter; or

(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or

(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.

§ 111.07 APPEAL PROCEDURE.

(A) Any person aggrieved by a decision under §§ 111.04 or 111.06 shall have the right to appeal to the City Council. The appeal shall be taken by filing with the City Council, within 14 days after notice of the decision has been mailed to such person's last known address, a written statement setting forth the grounds for appeal. The City Council shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in § 111.05.

(B) The order of the City Council after the hearing shall be final.

§ 111.08 EXHIBITION OF IDENTIFICATION.

(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than one place within the city shall be used to conduct the business licensed, separate licenses shall be issued for each place.

(B) The Clerk shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words “Licensed Peddler” or “Licensed Solicitor,” the expiration date of the license, and the number of the license. The license shall be kept with the licensee during such time as he is engaged in the business licensed.
Penalty, see § 10.99

§ 111.09 CITY POLICY ON SOLICITING.

It is hereby declared to be the policy of the city that the occupants of the residences in the city shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences.

§ 111.10 NOTICE REGULATING SOLICITING.

(A) Notice of the refusal of invitation to solicitors, to any residence, shall be given on a weatherproof card, approximately three inches by four inches in size, exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

“NO SOLICITORS INVITED”

(B) The letters shall be at least 1/3-inch in height. For the purpose of uniformity, the cards shall be provided by the County Sheriff to persons requesting, at the cost thereof.

(C) The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

§ 111.11 DUTY OF SOLICITORS TO ASCERTAIN NOTICE.

(A) It shall be the duty of every solicitor upon going onto any premises in the city upon which a residence is located to first examine the notice provided for in § 111.10 if any is attached, and be governed by the statement contained on the notice. If the notice states “NO SOLICITORS INVITED,” then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
(B) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
Penalty, see § 10.99

§ 111.12 PROHIBITED SOLICITATION.

It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of § 111.10 above.
Penalty, see § 10.99

§ 111.13 EXEMPTIONS.

(A) Any non-profit organization, corporation or firm, including schools and churches, shall be exempt from the provisions of this chapter.

(B) Nonresident wholesalers delivering produce, meats, goods, dairy products, poultry, poultry products, goods, wares, merchandise, services or articles of any kind in filling an order previously obtained, and commercial traveling salesmen taking orders in the usual course of business are exempt from the provisions of this chapter.

(C) Any person residing in the county, or any firm, corporation or association having a permanent or established place of business located in the county, engaging in the occupation of peddler, solicitor, itinerant merchant or itinerant vendor at retail, shall be exempt from the registration fee required in this chapter.

(D) Any person selling produce, meat, dairy products, poultry or poultry products which he or she had grown and raised and produced in the county shall be exempt from § 111.02 if he or she makes such sales in filling an order previously obtained.
(`88 Code, § 10-209)

CHAPTER 112: ALCOHOLIC BEVERAGES

Section

General Regulations

112.01 Definitions
112.02 Location
112.03 Dwellings
112.04 Municipal powers and duties
112.05 Owner of premises
112.06 Employer
112.07 Minors and incompetents
112.08 Credit sales
112.09 Spiking beer
112.10 Original package
112.11 Minor’s presence
112.12 Hours of sale
112.13 Sanitary conditions
112.14 Hiring minors
112.15 Consumption in public places
112.16 Acquisition of alcoholic beverages
112.17 Removal of intoxicated persons
112.18 Inspections
112.19 Citizen complaints

Licenses

112.30 License required
112.31 License displayed
112.32 License requirements
112.33 Municipal examination
112.34 Liquor license renewal
112.35 Liquor applications; retail licensing standards; binding recommendations
112.36 Liquor application; notice; procedure

GENERAL REGULATIONS

§ 112.01 DEFINITIONS.

All words and phrases used in this chapter are to have the definitions applied thereto, as defined in the Liquor Control Act of the state of Nebraska.
(Neb. RS 53-103) (`88 Code, § 10-101)

§ 112.02 LOCATION.

It shall be unlawful for any person or persons to own, maintain, manage, or hold open to the public any establishment for the purpose of selling at retail any alcoholic liquor within 150 feet of any church, school, hospital, or home for aged or indigent persons or veterans, their wives or children; provided, this prohibition shall not apply to any location within such distance when the establishment has been licensed by the Nebraska Liquor Control Commission at least two years, and to hotels offering restaurant service, regularly organized clubs, or to restaurants where the selling of alcoholic liquors is not the principal business carried on, if the hotel, club, or restaurant were licensed and in operation prior to May 24, 1935. No alcoholic liquor, other than beer, shall be sold for consumption on the premise within 300 feet from the campus of any college within the municipality.
(Neb. RS 53-177) (`88 Code, § 10-103) Penalty, see § 10.99

§ 112.03 DWELLINGS.

Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premise which has any access which leads from such premise to any other portion of the same building used for dwelling or lodging purposes, and which is permitted to be used by the public. Nothing herein shall prevent any connection with such premise, and such other portion of the building which is used only by the licensee, his or her family, or personal guests.
(Neb. RS 53-178) (`88 Code, § 10-104) Penalty, see § 10.99

§ 112.04 MUNICIPAL POWERS AND DUTIES.

The City Council is authorized to regulate by ordinance not inconsistent with the provisions of the Nebraska Liquor Control Act, the business of all retail and bottle club licensees carried on within the corporate limits. The City Council shall further have the power and duties in respect to licensed retailers of alcoholic beverages to cancel or revoke for cause retail or bottle club licenses to sell or dispense alcoholic liquors issued to persons for premises within its jurisdiction subject to the right of appeal to the Commission; to enter or to authorize any law enforcement officer to enter at any time upon any premise licensed by the state of Nebraska to determine whether any of the provisions of the municipal laws, or the laws of the state of Nebraska, are being violated; to receive signed complaints from any citizens within its jurisdiction that any of the municipal laws, or laws of the state of Nebraska, are being violated, and to act upon such complaints in the manner herein provided; to cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in § 112.19, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance or regulation duly enacted relating to alcoholic liquors; and to collect for the benefit of the state of Nebraska and the municipality all license fees and occupation taxes as prescribed by law.
(Neb. RS 53-134) (`88 Code, § 10-109)

§ 112.05 OWNER OF PREMISES.

The owner of any premise used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the licensee if the owner shall knowingly permit the licensee to use the licensed premise in violation of any municipal code section or Nebraska statute.
(Neb. RS 53-1,101) (`88 Code, § 10-110) Penalty, see § 10.99

§ 112.06 EMPLOYER.

The employer of any officer, director, manager, or employees working in a retail liquor establishment shall be held to be liable and guilty of any act or omission or violation of any law or ordinance, if such act is committed or omission made with the authorization, knowledge or approval of the employer or licensee, and each such act or omission shall be deemed and held to be the act of the employer, and will be punishable in the same manner as if the act or omission had been committed by him or her personally.
(Neb. RS 53-1,102) (`88 Code, § 10-111)

§ 112.07 MINORS AND INCOMPETENTS.

It shall be unlawful for any person or persons to sell, give away, dispose of, exchange, permit the sale of or make a gift of any alcoholic liquors, or to procure any such alcoholic liquors to or for any minor, or to any person who is mentally incompetent.
(Neb. RS 53-180) (`88 Code, § 10-112) Penalty, see § 10.99

§ 112.08 CREDIT SALES.

No person shall sell or furnish alcoholic liquor at retail to any person or persons for credit of any kind, barter, or services rendered; provided, nothing herein contained shall be construed to prevent any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members, or guests of members, and charged to the accounts of the members or guests in accordance with the bylaws of any such club; and provided further, nothing herein shall be construed to prevent any hotel or restaurant holding a retail alcoholic beverage license from permitting checks or statements for liquor to be signed by regular guests residing in the hotel, and charged to the accounts of such guests.
(Neb. RS 53-183) (`88 Code, § 10-113) Penalty, see § 10.99

§ 112.09 SPIKING BEER.

It shall be unlawful for any person or persons who own, manage, or lease any premise in which the sale of alcoholic beverages is licensed, to serve or offer for sale any beer to which there has been added any alcohol, or permit any person or persons to add alcohol to any beer on the licensed premise of such licensee.
(Neb. RS 53-174) (`88 Code, § 10-114) Penalty, see § 10.99

§ 112.10 ORIGINAL PACKAGE.

It shall be unlawful for any person or persons who own, manage, or lease any premise in which the sale of alcoholic beverages is licensed, to have in their possession for sale at retail any alcoholic liquors contained in bottles, casks, or other containers except in the original package.
(Neb. RS 53-184) (`88 Code, § 10-115) Penalty, see § 10.99

§ 112.11 MINOR'S PRESENCE.

It shall be unlawful for any person or persons who own, manage, or lease an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years to frequent or otherwise remain in the establishment unless the minor is accompanied by his parent or legal guardian, and unless the minor remains seated with, and under the immediate control of, the parent or legal guardian.
(Neb. RS 53-147) (`88 Code, § 10-116) Penalty, see § 10.99

§ 112.12 HOURS OF SALE.

(A) For the purposes of this section, “on sale” shall be defined as alcoholic beverages sold at retail by the drink for consumption on the premises of the licensed establishment. “Off sale” shall be defined as alcoholic beverages sold at retail in the original container for consumption off 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 municipality except during the hours provided herein:

HOURS OF SALE

Alcoholic Liquor (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 Prohibited
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.

Provided, that such limitations shall not apply after 12:00 noon on Sunday to a licensee which is a non-profit corporation holding a license pursuant to Neb. RS 53-124(5)(C),(H).

(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 premises.

(D) Nothing in this section shall be construed to prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this section.
(`88 Code, § 10-117) (Ord. 352, passed 12-2-91; Am. Ord. 440, passed 4-2-01) Penalty, see § 10.99

§ 112.13 SANITARY CONDITIONS.

It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition. Toilet facilities shall be adequate and convenient for customers and patrons and licensed premise shall be subject to any health inspections the City Council or the County Sheriff may make or cause to be made. All applications for liquor licenses shall be viewed in part from the standpoint of the sanitary conditions, and a report concerning the sanitary conditions shall be made at all hearings concerning the application for, or renewal of, a liquor license.
(Neb. RS 53-118) (`88 Code, § 10-118) Penalty, see § 10.99

§ 112.14 HIRING MINORS.

It shall be unlawful for any person to hire a minor regardless of sex under the age of 19 years to serve or dispense alcoholic liquors, including beer, to the licensee's customers.
(Neb. RS 53-102) (`88 Code, § 10-119) Penalty, see § 10.99

§ 112.15 CONSUMPTION IN PUBLIC PLACES.

It shall be unlawful for any person to consume alcoholic beverages within the corporate limits upon the public ways and property, including inside vehicles while upon the public ways and property, except as may be provided by the City Council. It shall further be unlawful for any person to consume alcoholic beverages within any other public business that is not a licensed liquor establishment.
(Neb. RS 53-186, 53-186.01) (`88 Code, § 10-120) Penalty, see § 10.99

§ 112.16 ACQUISITION OF ALCOHOLIC BEVERAGES.

It shall be unlawful for any person to have possession of any alcoholic liquors which shall have been acquired otherwise than from a licensee duly licensed to sell same to such person under the provisions of the Nebraska Liquor Control Act; providing, nothing herein shall prevent the possession of alcoholic liquor for the personal use of the possessor, his or her family and guests, as long as the quantity of alcoholic liquor transported, imported, brought, shipped or caused to be transported, imported, brought, or shipped into the state for personal use does not exceed one gallon at any one time or in excess of two gallons in any one calendar month, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his or her family and his or her guests; provided further, that nothing herein shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, or any hospital or institution caring for the sick and diseased persons, from possessing any alcoholic liquor for the treatment of bona fide patients of such hospital or other institution; provided further, that any drug store employing a licensed pharmacist may possess and use alcoholic liquors in the compounding of prescriptions of duly licensed physicians; and provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this section; provided further, that persons who are 16 years old or older may carry beer from grocery stores when they are accompanied by a person not a minor, persons who are 16 years old or older may handle beer containers and beer in the course of their employment in grocery stores, and persons who are 16 years old or older may remove and dispose of alcoholic liquor containers for the convenience of their employer and customers in the course of their employment as waiters, waitresses, or busboys, by any restaurant, club, hotel, or similar organization; and provided further, that persons who are 19 years old or older may serve or sell alcoholic liquor in the course of their employment.
(Neb. RS 53-102, 53-164.01, 53-175) (`88 Code, § 10-121) Penalty, see § 10.99

§ 112.17 REMOVAL OF INTOXICATED PERSONS.

(A) Any law enforcement officer with the power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who is otherwise incapacitated, from any public or quasi-public property. An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take such intoxicated person to his or her home or to place such person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury. Such effort at placement shall be deemed reasonable if the officer contacts those facilities or doctor which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals. If such efforts are unsuccessful or are not feasible, the officer may then place such intoxicated person in civil protective custody, except that civil protective custody shall be used only as long as is necessary to preserve life or to prevent injury, and under no circumstances longer than 24 hours. The placement of such person in civil protective custody shall be recorded at the facility or jail at which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to such person designated by the person taken into civil protective custody.

(B) The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for such actions. The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.

(C) For purposes of this section, public property shall mean any public right-of-way, street, highway, alley, park, or other state, county, or municipally-owned property.

(D) For the purposes of this section, quasi-public property shall mean and include private or publicly-owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.
(Neb. RS 53-1,121) (`88 Code, § 10-122) Penalty, see § 10.99

§ 112.18 INSPECTIONS.

It shall be the duty of the City Council to cause frequent inspections to be made on the premises of all retail and bottle club licensees. If it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or regulations of the Nebraska Liquor Control Commission, or is failing to observe in good faith the purposes of the Act, the license may be suspended, cancelled, or revoked after the licensee has been given an opportunity to be heard by the City Council.
(Neb. RS 53-146) (`88 Code, § 10-123)

§ 112.19 CITIZEN COMPLAINTS.

Any five residents of the municipality shall have the right to file a complaint with the City Council stating that any retail or bottle club licensee, subject to the jurisdiction of the City Council, has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant thereto. Such complaint shall be in writing in the form prescribed by the City Council and shall be signed and sworn by the parties complaining. The complaint shall state the particular provision, rule, or regulation believed to have been violated and the facts in detail upon which belief is based. If the City Council is satisfied that the complaint substantially charges a violation and that from the fact alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint; provided, that the complaint must in all cases be disposed of by the City Council within 30 days from the date the complaint was filed by resolution thereof, the resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided by law.
(Neb. RS 53-1,114) (`88 Code, § 10-124)

LICENSES

§ 112.30 LICENSE REQUIRED.

It shall be unlawful for any person to manufacture for sale, sell, keep for sale, or to barter any alcoholic liquors within the municipality unless the person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act.
(Neb. RS 53-102) (`88 Code, § 10-102) Penalty, see § 10.99

§ 112.31 LICENSE DISPLAYED.

Every licensee under the Nebraska Liquor Control Act shall cause his or her license to be framed and hung in plain public view in a conspicuous place on the licensed premise.
(Neb. RS 53-148) (`88 Code, § 10-105)

§ 112.32 LICENSEE REQUIREMENTS.

It shall be unlawful for any person or persons to own an establishment that sells at retail any alcoholic beverages unless the person is a resident of the county in which the premise is located; a person of good character and reputation; a citizen of the United States; a person who has never been convicted of a felony or any Class I misdemeanor pursuant to Neb. RS Chapter 28, Article 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state; a person who has never had a liquor license revoked for cause; a person whose premises, for which a license is sought, meets standards for fire safety as established by the State Fire Marshal; provided, the beneficial interest requirement in this section shall not apply to a person applying for an additional license for use in connection with the operation of a hotel containing at least 25 sleeping rooms, or where the request is limited to on-premises sale of beer only in a restaurant.
(Neb. RS 53-124.03, 53-125) (`88 Code, § 10-106) Penalty, see § 10.99

§ 112.33 MUNICIPAL EXAMINATION.

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 the Municipal Clerk by registered or certified mail. The City Council 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 45 days of receipt from the Nebraska Liquor Control Commission. 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 desired, the performance of its duties. For the purpose of obtaining any of the information desired, the City Council may authorize its agent, Municipal Clerk or the Municipal Attorney, to act on their behalf. The City Council may conduct the examination and hold the 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 shall receive 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 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, 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 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 45 days after the receipts of notice from the Commission. After such hearing, the City Council shall cause to be spread at large 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.
(Neb. RS 53-131, 53-134) (`88 Code, § 10-107) (Ord. 338, passed 2-5-90)

§ 112.34 LIQUOR LICENSE RENEWAL.

Retail or bottle club licenses issued by the Commission and outstanding may be automatically renewed in the absence of a request by the City Council to require the licensee to issue an application for renewal. Any licensed retail or bottle club establishment located in an area which is annexed to the municipality shall file a formal application for a license, and while such application is pending, the licensee shall be authorized to continue all license privileges pursuant to this chapter until the original license expires, is canceled, or revoked. If such license expires within 60 days following the annexation date of such area, the license may be renewed by order of the Commission for not more than one year. The Municipal Clerk, upon notice from the Commission, between January 10th and January 30th of each year, shall cause to be published in a legal newspaper in, or of general circulation in the municipality, one time, a notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the municipality; provided, Class C license renewal notices shall be published between the dates of July 10th and July 30th of each year. The Municipal Clerk shall then file with the Commission proof of publication of the notice on or before February 10th of each year or August 10th of each year for Class C licenses. Upon the conclusion of any hearing required by this section, the City Council may request a licensee to submit an application.
(Neb. RS 53-135, 53-135.01) (`88 Code, § 10-108)

§ 112.35 LIQUOR APPLICATIONS; RETAIL LICENSING STANDARDS; BINDING
RECOMMENDATIONS.

(A) Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act. The City Council shall only consider the following licensing standards and criteria at the hearing and an evaluation of any applicant 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, and for the purpose of formulating a recommendation from the City Council to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act:

(1) The adequacy of existing law enforcement resources and services in the area;

(2) The recommendation of the Police Department or any other law enforcement agency;

(3) 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/off street parking;

(4) Zoning restrictions and the local governing body’s zoning and land-use policies;

(5) Sanitation or sanitary conditions on or about the proposed licensed premises;

(6) The existence of a citizen's protest and similar evidence in support of or in opposition to the application;

(7) The existing population and projected growth within the jurisdiction of the City Council local governing body and within the area to be served;

(8) The existing liquor licenses, the class of each such license, and the distance and times of travel between establishments that issued such licenses;

(9) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located;

(10) Whether the type of business or activity proposed to be operated or presently operated in conjunction with the proposed license is and will be consistent with the public interest as declared in Neb. RS 53-101.01;

(11) Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. RS 53-102;

(12) Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which is reasonably secured;

(13) Whether the applicant is fit, willing, and able to properly provide the service proposed in conformance with all provisions and requirements of and rules and regulations adopted and promulgated pursuant to the act;

(14) 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 the provisions and requirements of and rules and regulations adopted and promulgated pursuant to the act;

(15) The background information of the applicant established by information contained in the public records of the Commission and investigations conducted by law enforcement agencies;

(16) Past evidence of discrimination involving the applicant as evidenced by findings of fact before any administrative board or agency of the local governing body, and other governmental board or agency of the local governing body, any other governmental unit, or any court of law;

(17) Whether the applicant or the applicant's representatives suppressed any fact or provided any inaccurate information to the Commission or local governing body or the employees of the Commission or local governing body or the employees of the Commission or local governing body in regard to the license application or liquor investigations. The applicant shall be required to cooperate in providing a full disclosure to the investigating agents of the local governing body;

(18) Proximity of and impact on schools, hospitals, libraries, parks, and public institutions;

(19) Whether activities proposed to be conducted on the licensed premises or in adjacent related outdoor areas will create unreasonable noise or disturbance; and

(20) Compliance with state law, liquor rules and regulations, and municipal ordinances and regulations and 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 has forfeited bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquor.

(B) It shall be the applicant's duty to produce evidence pertaining to the designated criteria prescribed in this section. The burden of proof and persuasion shall be on the party filing the application. When applicable for purposes of this section, "applicant" shall be synonymous with "license".
(Neb. RS 53-134) (`88 Code, § 10-125) (Ord 339, passed 2-5-90)

§ 112.36 LIQUOR APPLICATION; NOTICE; PROCEDURE.

(A) Notice. Notice of a hearing held pursuant to Neb. RS 53-134 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 City Council that prejudice would result therefrom.
(B) Procedure.

(1) Hearings will be informal and conducted by the Municipal Attorney. The intent is an inquiry into the facts, not an adversarial action. Each witness may present their testimony in narrative fashion or by question and answer. The City Council or the applicant may order the hearing to be recorded by the Clerk at the expense of the applicant(s).

(2) The City Council may admit and give probative effect to evidence value commonly accepted by reasonable prudent individuals. The Municipal Attorney may limit testimony where it appears incompetent, irrelevant, or unduly repetitious. If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function who shall notify the Municipal Attorney of his/her representation prior to the start of the hearing.

(3) The order of the proceeding is as follows:

(a) Exhibits will be marked in advance by the Clerk and presented to the Municipal Attorney during the presentation;

(b) Presentation of evidence, witnesses, and arguments by applicant;

(c) Testimony of any other citizens in favor of such proposed license;

(d) Examination of applicant, witnesses or citizens by Municipal Attorney, City Council, or duly appointed agent;

(e) Cross-examination of applicant, witnesses or citizens by spokesperson for opposition, if any;

(f) Presentation of evidence and witnesses by opposition;

(g) Testimony of any other citizens in opposition to such proposed license;

(h) Presentation of evidence by municipality and law enforcement personnel;

(i) Cross-examination by applicant;

(j) Rebuttal evidence by both parties and by municipality administration and agent;

(k) Summation by applicant and opposition spokesperson, if any.

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

(5) Any member of the City Council and the Municipal Attorney may question any witness, call witnesses, or request information.
(6) All witnesses shall be sworn.

(7) The City Council may make further inquiry and investigation following the hearing.

(8) The City Council or the applicant may order the hearing to be recorded by the Clerk at the expense of the applicant(s).
(`88 Code, § 10-126) (Ord. 340, passed 2-5-90)