[HISTORY: Adopted by the City Council of the City of Seward as indicated in article histories. Amendments noted where applicable.]
Tobacco products — See Ch. 355.
[Adopted as Ch. 6, Art. 3, §§ 6-312 through 6-314, of the 1976 Code]
[Amended 8-3-1993 by Ord. No. 25-93]
Except as provided in Neb. RS 60-6, 211.08, it shall be unlawful for any person to consume alcoholic liquor upon property owned or controlled by the City unless authorized by the City Council; provided the provisions of this section shall not apply to liquor establishments licensed by the State of Nebraska. (Neb. RS 53-186)
[Amended 1-20-1981 by Ord. No. 2-81; 9-15-1997 by Ord. No. 46-97]
It shall be unlawful for any minor to represent that he or she is of the age of 21 years or older for the purpose of asking for, purchasing, or receiving any alcoholic beverages. (Neb. RS 53-103, 53-180.01)
[Amended 1-20-1981 by Ord. No. 1-81; 9-15-1997 by Ord. No. 45-97]
It shall be unlawful for any person under 21 years of age to transport, knowingly possess, or have under his control in any motor vehicle, beer or other alcoholic liquor on any public street, alley, roadway, or property owned by the State of Nebraska or any subdivision thereof, or any other place within the municipal limits. (Neb. RS 53-180.02)
Any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.
[Adopted as Ch. 10, Art. I, of the 1976 Code]
All words and phrases herein used are to have the definitions applied thereto as defined in the Liquor Control Act of the State of Nebraska (Neb. RS 53-101 et seq.). (Neb. RS 53-103)
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 said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act. (Neb. RS 53-168.06)
[Amended 5-6-2014 by Ord. No. 2014-11]
Except as otherwise provided in Subsection B of this section, 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 said establishment has been licensed by the Nebraska Liquor Control Commission for at least two years, and to hotels offering restaurant service, regularly organized clubs, or to restaurants where the selling of alcoholic liquor is not the principal business carried on, if the hotel, club, or restaurant was licensed and in operation prior to May 24, 1935, or to a college or university in the state which is subject to Neb. RS 53-177.01.
If the proposed location for sale at retail of any alcoholic liquor is within 150 feet of any church, the governing body may approve of said proposed location after it holds a hearing as prescribed by § 205-2.8 if the affected church submits a written request for a hearing.
(Neb. RS 53-177)
Editor's Note: Original § 10-104 of the 1976 Code, Alcoholic Beverages; Location; Fire Limits; Exception, which immediately followed this section, was repealed 6-7-1977 by Ord. No. 1089.
The number of licenses to sell alcoholic liquors at retail within the corporate limits may be limited from time to time by resolution as the public health, morals and welfare shall require.
Except in the case of hotels and clubs, no alcoholic liquor shall be manufactured or sold at retail or wholesale upon any premises which has any access which leads from such premises 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 premises and such other portion of the building which is used only by the licensee, his family, or personal guests. (Neb. RS 53-178)
Every licensee under the Nebraska Liquor Control Act shall cause his license to be framed and hung in plain public view in a conspicuous place on the licensed premises. (Neb. RS 53-148)
[Amended 11-4-1980 by Ord. No. 38-80; 12-6-1983 by Ord. No. 37-83]
No license of any kind shall be issued to:
A person who is not a resident of Nebraska, except in case of railroad, airline, or boat licenses;
A person who is not of good character and reputation in the community in which he or she resides;
A person who is not a Nebraska resident and legally able to work in Nebraska;
A person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States;
A person who has been convicted of or has pleaded guilty to 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, except that any additional requirements imposed by this subsection on May 18, 1983, shall not prevent any person holding a license on such date from retaining or renewing such license if the conviction or plea occurred prior to May 18, 1983;
A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause;
A person who at the time of application for renewal of any license issued under the Act would not be eligible for such license upon initial application;
A partnership, unless one of the partners is a resident of Nebraska and unless all the members of such partnership are otherwise qualified to obtain a license;
A limited-liability company, if any officer or director of the limited-liability company or any member having an ownership interest in the aggregate of more than 25% of such company would be ineligible to receive a license under this section for any reason other than the reasons stated in Subsection A(1) and (3) of this section, or if a manager of a limited-liability company licensee would be ineligible to receive a license under this section for any reason;
A corporation, if any officer or director of the corporation or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in Subsection A(1) and (3) of this section, or if a manager of a corporate licensee would be ineligible to receive a license under this section for any reason. This subsection shall not apply to railroad licenses;
A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee;
A person who does not own the premises for which a license is sought or does not have a lease or combination of leases on such premises for the full period for which the license is to be issued;
Except as provided in this subsection, an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such applicant shall become eligible for a liquor license only if the Commission finds from the evidence that the public interest will not be infringed upon if such license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license the applicant is also ineligible to receive a liquor license. Such prima facie evidence shall be overcome if it is shown to the satisfaction of the Commission that:
A person seeking a license for premises which do not meet standards for fire safety as established by the State Fire Marshal;
A law enforcement officer, except that this subsection shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization; or
A person less than 21 years of age.
When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or a person who is mentally incompetent.
(Neb. RS 53-125)
[Amended 12-6-1983 by Ord. No. 37-83; 9-14-1984 by Ord. No. 26-84; 11-1-1988 by Ord. No. 24-88; 1-16-1990 by Ord. No. 5-90; 3-3-1992 by Ord. No. 8-92]
Any person or persons desiring to obtain a license to sell alcoholic liquor at retail shall file an application with the Liquor Control Commission. Upon receipt from the Commission of the notice and copy of the application as provided in Neb. RS 53-131, the governing body shall fix a time and place at which a hearing will be held, and at which time the governing body shall receive evidence, under oath, either orally or in writing, from the applicant and any other person concerning the propriety of the issuance of such license. Such hearing shall be held not more than 45 days after the receipt of notice from the 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 purposes of obtaining any of the information desired, the governing body may authorize its agent, the Municipal Clerk or the Municipal Attorney, to act on its behalf.
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 days 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 governing body in support of or in protest against the issuance of such license may do so at the time of the hearing.
The governing body shall, after the hearing provided in Subsection A, approve or deny the application within 45 days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application. The Municipal Clerk shall thereupon mail or deliver to the Commission a copy of the resolution within 10 days of the decision to approve or deny the application.
Any resolution denying an application rendered by the governing body shall be in writing or stated in the record and shall be accompanied by findings. The findings shall consist of concise statements of the conclusions upon each contested issue. The applicant shall be notified of the decision in person or by mail.
(Neb. RS 53-131, 53-132, 53-134)
[Added 10-3-2000 by Ord. No. 37-00; amended 3-15-2005 by Ord. No. 16-05]
The holder of a license to sell alcoholic liquor at retail issued under Neb. RS 53-14(5), a craft brewery license, a microdistillery license or a farm winery license may obtain an annual catering license by filing an application and license fee with the Nebraska Liquor Control Commission.
Upon receipt from the Commission of the notice and a copy of the application as provided in Neb. RS 53-124.12, the governing body shall process the application in the same manner as provided in § 205-2.8 above.
The governing body, with respect to catering licensees within its corporate limits, may cancel a catering license for cause for the remainder of the period for which such catering license is issued. Any person whose catering license is canceled may appeal to the District Court.
The governing body may impose an occupation tax on the business of a catering licensee doing business within the liquor license jurisdiction of the governing body. The tax may not exceed double the license fee for a catering license.
[Neb. RS 53-124.12, 53-124.12(6)]
[Amended 9-18-1979 by Ord. No. 1192; 12-6-1983 by Ord. No. 37-83; 3-15-2005 by Ord. No. 16-05]
A retail license issued by the Nebraska Liquor Control Commission and outstanding may be automatically renewed by the Commission in the absence of a written request by the governing body to require the licensee to submit an application for renewal. (Neb. RS 53-135)
The Municipal Clerk shall cause to be published in a legal newspaper in or of general circulation in the municipality, one time between January 10 and January 30 of each year, individual notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the municipality, except that notice of the right of automatic renewal of Class C licenses shall be published between the dates of July 10 and July 30 of each year. If written protests to the issuance of automatic renewal of a license are filed in the office of the Municipal Clerk by three or more residents of the municipality on or before February 10, or August 10 for Class C licenses, the governing body shall hold a hearing to determine whether continuation of the license should be allowed. Upon the conclusion of any hearing required by this section, the governing body may request a licensee to submit an application as provided in Neb. RS 53-135.
(Neb. RS 53-135, 53-135.01)
[Amended 11-4-1980 by Ord. No. 37-80; 12-6-1983 by Ord. No. 37-83; 10-3-2000 by Ord. No. 35-00; 3-15-2005 by Ord. No. 16-05]
The governing body is authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail or craft brewery or microdistillery licensees carried on within the corporate limits of the municipality. (Neb. RS 53-134.03)
During the period of 45 days after the date of receiving from the Nebraska Liquor Control Commission notice and a copy of an application for a new license to sell alcoholic liquor at retail or a craft brewery or microdistillery license, the governing body may make and submit to the Commission recommendations relative to the granting or refusal to grant such license to the applicant. (Neb. RS 53-131)
The governing body, with respect to licenses within the corporate limits of the municipality, has the following powers, functions, and duties with respect to retail and craft brewery or microdistillery and entertainment district licenses:
To cancel or revoke for cause retail or craft brewery or microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the Nebraska Liquor Control Commission;
To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act to determine whether any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is being violated, and at such time examine the premises of such licensee in connection with such determination. Any law enforcement officer who determines that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation adopted by the local governing body has been or is being violated shall report such violation in writing to the Executive Director of the Commission a) within 30 days after determining that such violation has occurred, b) within 30 days after the conclusion of an ongoing police investigation, or c) within 30 days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later;
To receive a signed complaint from any citizen within its jurisdiction that any provision of the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon such complaints in the manner provided in the Act;
To receive retail license fees and craft brewery or microdistillery license fees as provided in Neb. RS 53-124 and 53-124.01 and pay the same, after the license has been delivered to the applicant, to the Municipal Treasurer;
To examine or cause to be examined any applicant or any retail licensee or craft brewery or microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in the Act, to examine or cause to be examined the books and records of any applicant or licensee, and to hear testimony and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the governing body may authorize its agent or attorney to act on its behalf;
To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in § 205-2.26, Citizen complaints, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. Such order of cancellation or revocation may be appealed to the Commission within 30 days after the date of the order by filing a notice of appeal with the Commission. The Commission shall handle the appeal in the manner provided for hearing on an application in Neb. RS 53-133;
Upon receipt from the Commission of the notice and copy of application as provided in Neb. RS 53-131, to fix a time and place for a hearing at which the governing body shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a 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 days and not 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 governing body in support of or in protest against the issuance of such license may do so at the time of the hearing. The hearing shall be held not more than 45 days after the date of receipt of the notice from the Commission, and after such hearing the governing body shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of such license. The Municipal Clerk shall mail to the Commission by first-class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the Commission. If the Commission refuses to issue such a license, the cost of publication of notice shall be paid by the Commission from the security for costs.
(Neb. RS 53-134)
Delivery of license to licensee.
When the Nebraska Liquor Control Commission mails or delivers to the Municipal Clerk a retail or craft brewery or microdistillery license issued or renewed by the Commission, the Clerk shall deliver the license to the licensee upon receipt from the licensee of proof of payment of:
The license fee if by the terms of Neb. RS 53-124(6) the fee is payable to the Municipal Treasurer;
Any fee for publication of notice of hearing before the governing body upon the application for the license;
The fee for publication of notice of renewal, if applicable, as provided in Neb. RS 53-135.01; and
Occupation taxes, if any, imposed by the municipality, except Class J retail licensees as set forth in Neb. RS 53-132.
Notwithstanding any ordinance or charter power to the contrary, the municipality shall not impose an occupation tax on the business of any person, firm, or corporation licensed under the Nebraska Liquor Control Act and doing business within the corporate limits of the municipality in any sum which exceeds two times the amount of the license fee required to be paid under the Act to obtain such license.
[Neb. RS 53-132, 53-132(4), 53-134]
The owner of any premises 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 premises in violation of any Municipal Code section or Nebraska statute. (Neb. RS 53-1, 101)
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 personally. (Neb. RS 53-1, 102)
It shall be unlawful to use any screen, blind, curtain, partition, article, or other device in the windows or upon the doors of any retail liquor establishment, other than restaurants, hotels, and clubs, which will have the effect of preventing a clear view into the interior of such licensed premises from the street, road, or sidewalk at all times. All licensed premises shall be continuously lighted during business hours by natural or artificial white lights to ensure clear visibility into said establishment. Any licensee who willfully violates the provisions of this section shall be subject to a revocation of his license by the municipality as provided herein.
No person holding a license for the sale at retail of alcoholic liquors, including beer, shall sell within this City any such liquors, or conduct any of the business for which such license is required, in any room or premises not provided with a public entrance at the front thereof, opening upon a public street. No person holding such license shall permit the use of any entrance other than such front entrance for any purposes other than the use thereof by the licensee, his family or employees, or for ingress or egress by other persons for the purpose of lawful labor or business other than the purchase at retail or the consumption of alcoholic liquors.
[Amended 9-19-1978 by Ord. No. 1140]
No person shall sell or furnish alcoholic liquor at retail to any person or persons for credit of any kind, barter, or services rendered.
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 bona fide guests of members, and charged to the accounts of said members or guests in accordance with the bylaws of any such club;
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; or
Any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers.
(Neb. RS 53-183)
[Amended 3-3-1992 by Ord. No. 7-92]
It shall be unlawful for any person or persons who own, manage, or lease any premises in which the sale of alcoholic beverages is licensed to have in their possession for sale at retail any alcoholic liquor contained in casks or other containers except in the original package. Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale. (Neb. RS 53-184)
[Amended 3-2-1976 by Ord. No. 1044; 2-20-1979 by Ord. No. 1157; 9-18-1979 by Ord. No. 1193; 10-6-1981 by Ord. No. 36-81; 12-6-1983 by Ord. No. 36-83; 1-15-1985 by Ord. No. 1-85; 10-3-1989 by Ord. No. 35-89; 7-3-1990 by Ord. No. 20-90; 6-1-1993 by Ord. No. 18C-93; 1-6-1998 by Ord. No. 1-98; 3-21-2000 by Ord. No. 17-00]
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:
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. For the purposes of this section, "on sale" shall be defined as alcoholic beverages sold 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.
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.
(Neb. RS 53-179)
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 said licensee's customers.
[Amended 8-3-1993 by Ord. No. 26-93; 10-3-2000 by Ord. No. 36-00]
Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2) or 60-6, 211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or a governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property. [Neb. RS 53-186(1)]
It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, cafe, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act. It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, cafe, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the Act. This subsection does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under Neb. RS 60-6, 211.08. (Neb. RS 53-186.01)
[Amended 11-4-1980 by Ord. No. 36-80; 10-15-1985 by Ord. No. 20-85; 3-5-1996 by Ord. No. 15-96]
It shall be unlawful for any person to purchase, receive, acquire, accept or possess any alcoholic liquor acquired from any other person other than one duly licensed to handle alcoholic liquor under the Nebraska Liquor Control Act; provided that nothing in this section shall prevent:
The possession of alcoholic liquor for the personal use of the possessor and his or her family and guests, as long as the quantity of alcoholic liquor transported, imported, brought, or shipped into the state does not exceed nine liters in any one calendar month;
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 made solely for the use of the maker and his or her family and guests;
Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for the sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution, or any drugstore employing a licensed pharmacist from possessing or using alcoholic liquor in compounding of prescriptions of licensed physicians;
The possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship for the purpose of conducting any bona fide religious rite, ritual or ceremony;
Persons who are 16 years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor;
Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;
Persons who are 16 years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment;
Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment; or
Persons who are 16 years old or older from completing a transaction for the sale of alcoholic liquor in the course of their employment if they are not handling or serving alcoholic liquor.
(Neb. RS 53-168.06, 53-175, 53-194.03)
It shall be unlawful for any licensee under the Nebraska Liquor Control Act with a place of business within the City to permit, on premises where alcoholic liquors are consumed thereon, entertainments other than music from musical instruments or entertainment from radios.
It shall be unlawful for any licensee under the Nebraska Liquor Control Act or under this article, whose licensed premises are located within the corporate limits of the City, to permit any floor show or exhibition of any kind or description on or about said premises. The word "premises," as used herein, shall include the entire property used by the licensee in connection with the conduct of any business operated by said licensee or other person in connection with said licensee and shall not be construed to apply only to a separate room in which said liquors are sold or dispensed.
[Amended 9-18-1979 by Ord. No. 1194; 10-20-1981 by Ord. No. 39-81]
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.
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.
As used in this section, the following terms shall have the meanings indicated:
- PUBLIC PROPERTY
- Any public right-of-way, street, highway, alley, park, or other state, county, or municipally owned property.
- QUASI-PUBLIC PROPERTY
- Includes private or publicly owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.
[Amended 11-4-1980 by Ord. No. 34-80; 3-15-2005 by Ord. No. 16-05]
The governing body shall cause frequent inspection to be made on the premises of all retail licensees. If it is found that any such licensee is violating any provision of this article, the Nebraska Liquor Control Act, or the rules and regulations of the Nebraska Liquor Control Commission or is failing to observe in good faith the purposes of this article or the Act, the license may be suspended, canceled, or revoked after the licensee is given an opportunity to be heard in his or her defense. (Neb. RS 53-116.01)
[Amended 11-4-1980 by Ord. No. 34-80; 3-15-2005 by Ord. No. 16-05]
Any five residents of the municipality shall have the right to file a complaint with the governing body stating that any retail licensee subject to the jurisdiction of the governing body has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant to the Act. Such complaint shall be in writing in the form prescribed by the governing body and shall be signed and sworn to 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 the belief is based. If the governing body is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within 10 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. The complaint shall in all cases be disposed of by the governing body within 30 days from the date the complaint was filed by resolution thereof, which resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided in Neb. RS 53-1, 115. (Neb. RS 53-116.01)
[Amended 5-20-1986 by Ord. No. 6-86; 8-21-2007 by Ord. No. 26-07]
The City Council adopts the following licensing standards and criteria for consideration by the Liquor Control Commission 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:
The adequacy of existing law enforcement resources and services in the area.
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.
Sanitation or sanitary conditions on or about the proposed licensed premises.
The existing population and projected growth, both City-wide and within the area to be served.
The existence or absence of other retail licenses or craft brewery or microdistillery licenses with similar privileges within the neighborhood or community of the location of the proposed licensed premises and whether, as evidenced by substantive, corroborative documentation, the issuance of such license would result in or add to an undue concentration of licenses with similar privileges and, as a result, require the use of additional law enforcement resources.
The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth.
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.
Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. RS 53-168.06 of the Nebraska Liquor Control Act.
Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic beverages, which must be displayed, kept, and sold from an area which is secured to the greatest extent possible.
Whether the applicant is fit, willing, and able to properly provide the service proposed in conformance with all provisions, requirements, needs and regulations provided for.
Whether the applicant has demonstrated that the type of management and control exercised over the license premises will be sufficient to ensure that the licensee can conform to all the provisions, requirements, rules and regulations provided for in the Nebraska Liquor Control Act.
The background information of the applicants established by information contained in the public records of the Nebraska Liquor Control Commission.
Past compliance with state laws and liquor regulations and municipal ordinances and regulations.
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.
Whether the application will provide an improvement to the neighborhood, a betterment to the municipality, or a true increase in service to the public at large.
Proximity of and impact on schools, hospitals, libraries and public institutions.
Whether the type of entertainment to be offered, if any, will be appropriate and nondisruptive to the neighborhood where the premises are located and to the community at large.
Whether the application is for a business, and the sole purpose for which is the sale of dispensing of liquor, or when the sale or dispensing of liquor is a substantial integral part of the business, and not just incidental thereto.
Applications for Class B, C, and D licenses (as defined by Neb. RS 53-124) must be for premises which are separate and distinct from any other business activity. Premises shall be deemed separate and distinct only when located in a building which is not adjacent to any other building, or when located within the same building, they shall be so separate by walls (floor to ceiling), that access cannot be had directly from the area of alcoholic liquor sales to any other business activity by means of doors or other openings; provided nothing herein shall prevent the construction or maintenance of doors that are used by employees; further, any nonconforming premises in existence on the effective date of this article may be continued for the life of the license. Such nonconforming premises may not be enlarged, extended, or restored after damage during interim. For the purposes of this section, "other business activity" shall mean the sale or display of any food, produce, mercantile product, item or service other than keeping or selling of alcoholic liquors at retail for consumption off the premises and the sale or display of ice, drink mix, tobacco, cups, or carbonated beverages.
Whether or not 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.
Other information and data that may reasonably be considered pertinent to the issuance of the license.
The preceding standards 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. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term "applicants" as used herein is synonymous with "licensee."
(Neb. RS 53-134)
[Amended 9-5-1995 by Ord. No. 35-95; 11-16-2004 by Ord. No. 35-04; 5-17-2011 by Ord. No. 11-11; 1-3-2012 by Ord. No. 2-12]
As authorized by Neb. RS 53-124.11, the City Clerk-Treasurer or Deputy Clerk-Treasurer is hereby authorized and designated as the agents of the City of Seward, Nebraska to approve or deny special designated liquor permits.
In determining whether an application shall be approved or denied for any City of Seward liquor license holders with all occupation taxes paid in full, or for any nonresident liquor license holder that has previously been given approval for one special designated liquor permit by the Mayor and Council, the following criteria are hereby established:
That the application is for a location that has previously been approved by the Mayor and Council.
That no citizen's protest has been filed against said application.
That the application is for an event held on any day of the week except Sunday; in which case the regulations regarding Sunday liquor permits shall be followed. However, special designated permits may be approved for those days set forth in § 205-2.18 wherein the sale of alcoholic beverages on Sunday has been authorized.
That if said application does not strictly comply with the criteria set forth above, such application may be referred to the Mayor and City Council for determination; further, that upon denial of any application by the City Clerk-Treasurer or Deputy Clerk-Treasurer, the applicant may further request that the application be submitted to the Mayor and Council.
Except as otherwise provided herein, any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.