[HISTORY: Adopted by the City Council of the City of Seward
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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[1]]
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[1]]
A.
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.
B.
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.[2]
(Neb. RS 53-177)
[2]
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)
A.
No license
of any kind shall be issued to:
(1)
A
person who is not a resident of Nebraska, except in case of railroad,
airline, or boat licenses;
(2)
A
person who is not of good character and reputation in the community
in which he or she resides;
(3)
A
person who is not a Nebraska resident and legally able to work in
Nebraska;
(4)
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;
(5)
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;
(6)
A
person whose license issued under the Nebraska Liquor Control Act
has been revoked for cause;
(7)
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;
(8)
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;
(9)
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;
(10)
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;
(11)
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;
(12)
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;
(13)
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:
(14)
A person seeking a license for premises which do not meet standards
for fire safety as established by the State Fire Marshal;
(15)
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
(16)
A person less than 21 years of age.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.[1]
B.
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.
C.
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.
D.
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.
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)[1]
B.
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[1]]
A.
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)
B.
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)
C.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
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;
(7)
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)
D.
Delivery of license to licensee.
(1)
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:
(a)
The license fee if by the terms of Neb. RS 53-124(6) the fee
is payable to the Municipal Treasurer;
(b)
Any fee for publication of notice of hearing before the governing
body upon the application for the license;
(c)
The fee for publication of notice of renewal, if applicable,
as provided in Neb. RS 53-135.01; and
(d)
Occupation taxes, if any, imposed by the municipality, except
Class J retail licensees as set forth in Neb. RS 53-132.
(2)
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[1]]
A.
No person
shall sell or furnish alcoholic liquor at retail to any person or
persons for credit of any kind, barter, or services rendered.
B.
Nothing
herein contained shall be construed to prevent:
(1)
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;
(2)
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
[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]
A.
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:
[Amended 4-20-2021 by Ord. No. 2021-11]
|
Hours of Sale
| ||||
|---|---|---|---|---|
|
Alcoholic liquors (except beer and wine)
| ||||
|
Off sale
|
6:00 a.m. to 2:00 a.m.
| |||
|
On sale
|
6:00 a.m. to 2:00 a.m.
| |||
|
Beer and wine
| ||||
|
Off sale
|
6:00 a.m. to 2:00 a.m.
| |||
|
On sale
|
6:00 a.m. to 2:00 a.m.
| |||
B.
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.
C.
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.[1]
(Neb. RS 53-179)
[1]
Editor's Note: Original § 10-120 of the 1976 Code,
Sanitary conditions, which immediately followed this section, was
repealed 4-20-2021.
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; 4-3-2018 by Ord. No. 2018-10]
A.
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)]
B.
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:
A.
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;
B.
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;
C.
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;
D.
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;[1]
E.
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;
F.
Persons who are 16 years old or older from handling alcoholic liquor
containers and alcoholic liquor in the course of their employment;
G.
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;
H.
Persons who are 19 years old or older from serving or selling alcoholic
liquor in the course of their employment; or
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]
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.
PUBLIC PROPERTY
QUASI-PUBLIC PROPERTY
As used in this section, the following terms shall have the meanings
indicated:
Any public right-of-way, street, highway, alley, park, or
other state, county, or municipally owned 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.
|
(Neb. RS 53-1, 121)
|
[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]
A.
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:
(1)
The adequacy of existing law enforcement resources and services
in the area.
(2)
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.
(3)
Zoning restrictions.
(4)
Sanitation or sanitary conditions on or about the proposed licensed
premises.
(5)
The existing population and projected growth, both City-wide
and within the area to be served.
(6)
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.[1]
(7)
The nature and needs of the neighborhood or community where
the proposed premises are located as well as its projected growth.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
The background information of the applicants established by
information contained in the public records of the Nebraska Liquor
Control Commission.
(14)
Past compliance with state laws and liquor regulations and municipal
ordinances and regulations.
(15)
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.
(16)
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.
(17)
Proximity of and impact on schools, hospitals, libraries and
public institutions.
(18)
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.
(19)
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.
(20)
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.
(21)
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.
(22)
Other information and data that may reasonably be considered
pertinent to the issuance of the license.
B.
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]
A.
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.
B.
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:
(2)
That the application is for a location that has previously been
approved by the Mayor and Council.
(3)
That no citizen's protest has been filed against said application.
(4)
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.
(5)
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.
