[Added 4-6-2021 by Ord.
No. 1279]
For purposes of this Article, "Act" shall mean the Liquor Control
Act of the State of Nebraska, "Commission" shall mean the Nebraska
Liquor Control Commission, "licensee" shall mean a license issued
by the Commission pursuant to the Act, and "licensee" shall mean the
holder of such a license. All other words and phrases used in this
Article shall have the same meaning as defined in the Act. (Ref. 53-103
RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
The City Council is authorized to regulate by ordinance, not
inconsistent with the Act, the business of all retail, bottle club,
craft brewery, or microdistillery licensees carried on within the
corporate limits of the City. The City Council further has the powers,
functions, and duties with respect to retail, bottle club, craft brewery,
microdistillery, and entertainment district licenses within its corporate
limits, to: (1) cancel or revoke for cause any license issued to persons
for premises within its jurisdiction subject to the right of appeal
to the Commission; (2) enter or authorize any law enforcement officer
to enter at any time upon any premise licensed under the Act to determine
whether any provisions of the Act, any rule or regulation adopted
and promulgated pursuant to the Act, or any ordinance, resolution,
rule, or regulation adopted by the City Council has been or is being
violated and at such time to examine the premises in connection with
such determination; (3) receive a signed complaints from any citizen
within its jurisdiction that any provision of 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) examine or cause to be examined any applicant
or 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 except as otherwise
provided for bottle club licensees by the Act, and to hear testimony
and to take proof for its information in the performance of its duties
(For purposes of obtaining any information desired, the City Council
may authorize its agent, City Clerk, or City Attorney to act on its
behalf.); (5) cancel or revoke on its own motion any license if, upon
notice and hearing as provided by the Act, it determines that the
licensee has violated any of the provisions of the Act or any valid
and subsisting ordinance, resolution, rule or regulation duly enacted,
adopted, and promulgated relating to alcoholic liquor; subject to
the licensee's right of appeal to the Commission as provided in the
Act; (6) review and authorize an application by a licensee for a temporary
expansion of its licensed premises to an immediately adjacent area
owned or leased by the licensee or to an immediately adjacent street,
parking lot, or alley, not to exceed 15 days per calendar year; (7)
and to collect for the benefit of the State of Nebraska and the City
all license fees and occupation taxes as prescribed by law. (Ref.
53-134, 53-134.03 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
It shall be unlawful for any person to manufacture for sale,
sell, keep for sale, or to barter or exchange any alcoholic liquors
within the City of Ralston unless said person shall have in full force
and effect a license as provided by the Act. (Ref. 53-1, 100 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
It shall be unlawful for any person to own or operate an establishment
that sells at retail any alcoholic beverages unless said person: (1)
is not less than twenty-one years of age; (2) is a Nebraska resident
and legally able to work in Nebraska; (3) is a person of good character
and reputation; (4) has never been convicted of a felony or any Class
I misdemeanor pursuant to Chapter 28, Article 3, 4, 7, 8, 10, 11 or
12 of the Revised Statutes of Nebraska or any similar offense under
a prior criminal statute or in another state or in any municipality;
(5) has never had a liquor license revoked for cause; (6) does not
have a spouse who is ineligible for a liquor license, unless the establishment
is the sole property of the eligible spouse and is properly operated;
(7) owns the premises, or has a lease or leases on such premises for
the full period for which a liquor license is issued, and the premises
meets standards for fire safety as established by the State Fire Marshal.
If the establishment is conducted by a manager or agent, such manager
or agent must possess the same qualifications required above. If the
licensee is a partnership, one member must be a resident of Nebraska
and all of the members of the partnership must otherwise be qualified
pursuant to this section. If the licensee is a limited liability company
or corporation, the manager of the liquor license must be eligible
under this section, and every officer, director, and member or shareholder
having an ownership interest in the aggregate of more than 25% of
the company must not be ineligible under this section for any reason
other than subdivision (2) above. (Ref. 53-125 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
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 or for a bottle club within
150 feet of any church (unless specifically permitted by the Commission),
school, hospital, or home for aged or indigent persons or veterans
and their wives or children; provided, this prohibition shall not
apply to any location within such distance when the said establishment
has been licensed by the Commission at least two years, and to hotels
offering restaurant service, regularly organized clubs, or to restaurants,
food shops, or other places where the selling of alcoholic liquors
is not the principal business carried on. (Ref. 53-177 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
Except in the case of hotels and clubs no alcoholic liquor shall
be manufactured or 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 family, or personal guests. (Ref. 53-178
RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
Any person desiring to obtain a new license to sell alcoholic
liquor at retail, a bottle club license, a craft brewery license,
or a microdistillery license shall file an application with Commission.
The Commission will notify the City Clerk, by mail or electronic delivery,
of the receipt of the application and include one copy of the application
with the notice. Upon receipt from the Commission of the notice and
a copy of the application, the City Clerk shall fix a time and place
for a hearing at which the City Council 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 City one time not less than seven
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 City Council 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 date of receipt of the notice from the Commission, and after such
hearing the City Council shall cause to be recorded in the minute
record of their proceedings a resolution recommending either issuance
or refusal of such license. The City 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. (Ref. 53-131, 53-134(7)
RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
The City Council shall consider the following licensing standards
and criteria at the hearing and evaluation of any applicant for a
retail, bottle club, craft brewery, or microdistillery 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 to the Commission in accordance with the Act:
1.
Whether the applicant is fit, willing, and able to properly provide
the service proposed;
2.
Whether the applicant can conform to all the provisions and requirements
of, and rules and regulations adopted pursuant to, this Article and
the Nebraska Liquor Control Act;
3.
Whether the applicant can demonstrate that the type of management
and control to be exercised over the premises will be sufficient to
ensure that the licensed business can conform to all the provisions
and requirements of, and rules and regulations adopted pursuant to,
this Article and the Nebraska Liquor Control Act;
4.
The existence of a citizen's protest and any other evidence in support
of or in opposition to the application;
5.
The existing population, and projected growth, both City-wide and
within the area to be served;
6.
The nature and needs of the neighborhood or community where the proposed
premises are located;
7.
The existence or absence of other liquor licenses with similar privileges
within the neighborhood 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;
8.
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;
9.
The adequacy of existing law enforcement resources and services in
the area, and the recommendation of the Police Department or any other
law enforcement agency;
10.
Zoning restrictions and the City's zoning and land-use policies;
11.
Sanitation or sanitary conditions on or about the proposed licensed
premises;
12.
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.
The preceding standards are not necessarily of equal value,
rather they are standards which can be weighed cumulated positively
and negatively. It shall be the applicant's duty to produce evidence
pertaining to the criteria designated herein. 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
"license." (Ref. 53-132 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
Retail or bottle club licenses issued by the Commission and
outstanding may be automatically renewed by the Commission in the
absence of a written request by the City Council to require the licensee
to submit an application for renewal. The City Clerk shall cause to
be published in a legal newspaper in or of general circulation in
the City, one time between January 10th and January 30th of each year,
a notice in the form prescribed by law of the right of automatic renewal
of each retail liquor and beer license and each bottle club license
within the City, except that Class C license renewal notices shall
be published between the dates of July 10th and July 30th of each
year. In the event that written protests to the automatic renewal
of a license are filed by three or more residents of the City pursuant
to such notice, hearings shall be had to determine whether continuation
of the license should be allowed. Upon the conclusion of any hearing
required by this section, the City Council may make a written request
to the Commission to require a licensee to submit an application to
be processed as set forth in the manner required for a new application.
(Ref. 53-135, 53-135.01 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
Any five residents of the City 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 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 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 must in all cases be disposed
of by the City Council within 30 days from the date the complaint
was filed by resolution thereof, said resolution shall be deemed the
final order for purposes of appeal to the Commission as provided by
law. (Ref. 53-134.04 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
The City Council may cause frequent inspections to be made on
the premises of all licensees. If it is found that any such licensee
is violating any provision of the Act, rule and regulations of the
Commission, or this Article, or is failing to observe in good faith
the purposes of the Act or this Article, the license may be suspended,
cancelled, or revoked after the licensee has been given an opportunity
to be heard by the City Council. (Ref. 53-116.01 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
A retail license to sell alcoholic liquors or bottle club license,
which the City Council is legally empowered to cancel or revoke for
cause, may be either revoked or suspended by the City Council when
it shall find, after notice and hearing as hereinafter provided, that
the holder of any such license has violated any of the provisions
of the Act, or rule or regulations of the Commission, or any statutory
provision or ordinance of the City now existing or hereinafter passed,
enacted in the interest of good morals and decency, or for any one
or more of the following causes:
1.
The licensee, manager, or agent in charge of the premises licensed
has been convicted or has pleaded guilty to a felony under the laws
of this State, or any other State, or of the United States.
2.
The licensee, manager, or agent in charge of the premises licensed
has been convicted of or has pleaded guilty to being the proprietor,
manager, or agent in charge of a gambling house, or of pandering or
other crime or misdemeanor opposed to decency and morality.
3.
The licensee, manager or agent in charge of the premises licensed
has been convicted of or pleaded guilty to violation of any Federal
or State law concerning the manufacture, possession or sale of alcoholic
liquors.
4.
The licensee either swore falsely to any question in his application
for said license, or has failed to comply with the statements and
representations made by the answer to any question or questions in
said application, or has failed to keep any promise, oral or written,
made to the City Council in connection with the licensee's request
for said license.
5.
The licensee, manager or agent in charge of the premises licensed
forfeited bond to appear in court to answer charges for any of the
violations of law or ordinances referred to in this Article.
6.
The licensee, manager or agent in charge of the premises allowed
any live person to appear, or had reasonable cause to believe that
any live person would appear, in any licensed premises in any state
of nudity to provide entertainment, to provide service, to act as
hostess, manager or owner, or to serve as an employee in any capacity.
For the purposes of this subsection the term "nudity" shall mean the
showing of the human male or female genitals, pubic area, buttocks,
or the human female breasts including the nipple or any portion below
the nipple with less than a full opaque covering, clothing is wetted
with water or any other liquid with the purpose or reasonable expectation
that the clothing covering the person's breasts or genitals will become
transparent or less than fully opaque.
7.
The premises is in violation of any provision of the City of Ralston
Zoning Ordinance, building codes, or property maintenance codes, after
having been provided reasonable notice and opportunity to remedy such
violation. Reasonable notice and opportunity shall mean written notice
which: (1) identifies specific violations; (2) cites relevant provisions
of the Ralston Municipal Code and incorporated codes when applicable;
(3) demands specific remedial measures; (4) provides a reasonable
deadline for completing such remedial measures; and (5) has been served
upon the licensee in any manner allowed for service of process in
a Nebraska court of law.
|
Upon a complaint being filed with the City that a licensee,
manager or agent in charge of the premises licensed has violated any
of the provisions of this section, the City Clerk shall notify the
licensee, manager or agent in charge of the premises of the alleged
violation and shall set the violation for hearing before the City
Council, not less than 10 days from the date of the receipt of the
complaint, for the licensee, manager or agent to show cause why the
retail liquor license to sell alcoholic liquors should not be revoked
or suspended. After notice and hearing a finding by the City Council
that the licensee, manager, or agent in charge of the premises licensed
has violated any of the provisions contained in this section, the
City Council may revoke or suspend the license as in their sound discretion
is in the best interest of good morals and decency for the City. Such
revocation or suspension may be appealed by the licensee as provided
by the Act.
|
[Added 4-6-2021 by Ord.
No. 1279]
Hearings on all application within the scope of this Article
shall, as much as reasonably possible, comply with the requirements
of due process. The purpose of the hearing shall be an inquiry into
the facts, not an adversary proceeding. The City Council shall not
be bound by the strict rules of evidence and may give probative effect
to evidence which possesses probative value commonly accepted by reasonably
prudent individuals in conducting their affairs. The conduct of all
such hearings shall be as follows:
1.
Written notice shall be given to the applicant or licensee by the
City Clerk as required by the Act or this Article 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.
2.
Hearings shall be conducted by the Mayor, or in his or her absence
by the President of the City Council, who shall have full authority
to control the procedures of the hearing, including the admission
or exclusion of testimony or other evidence.
3.
It shall be the duty of every applicant or licensee to appear before
the City Council at the hearing to answer such questions as may be
asked in determining the facts concerning the propriety of granting
such license. An attorney may appear and testify on behalf of any
applicant personally present at the hearing. At least one partner
in a partnership, or at least one managing officer of a corporation
or company, applying for or holding a license shall be present at
the hearing. A failure to so appear without reasonable excuse may
be grounds for denying an application.
4.
The order of proceedings shall be as follows:
a.
Presentation of evidence by the applicant or licensee;
b.
Testimony of other persons in favor of the license;
c.
Presentation of evidence by persons opposing the license;
d.
Presentation of evidence by the city and law enforcement agencies;
e.
Cross-examination of persons testifying in opposition to the license
by the applicant or licensee;
f.
Presentation of rebuttal evidence by the applicant or licensee.
5.
Testimony may be presented in narrative fashion or by question and
answer. Any member of the council and the city attorney may question
any person testifying. The Mayor, or in his or her absence the President
of the City Council, may limit testimony or cross-examination where
it appears incompetent, irrelevant, unduly repetitious or intended
to harass the witness.
6.
The City Council may make further inquiry and investigation following
the hearing as it deems necessary and proper.
7.
The City Council, applicant or licensee may order a transcript of
the hearing which is to be recorded by the City Clerk or an official
Court Reporter. Such a transcript ordered by the applicant or licensee
shall be at his or her expense with payment to be made in advance
to the City Clerk.
[Added 4-6-2021 by Ord.
No. 1279]
The holder of a license to sell alcoholic liquor at retail, a craft brewery license (with or without a manufacturer's license), or a microdistillery license may obtain an annual catering license as prescribed in the Act. When an application for a catering permit is filed the Commission will notify the City Clerk, by mail or electronic delivery, and will include with the notice one copy of the application. The City Council shall then process the application in the same manner as provided in § 10-107. The holder of a catering license may apply for a special designated license for an event. Such application shall be filed at least 12 days prior to the event. Only the holder of a special designated license or employee of such licensee may dispense alcoholic liquor at the event being catered. The City Council may cancel a catering license for cause, in the manner provided in this Article for revocation or suspension of liquor licenses, for the remainder of the period for which the license is issued. Violation of any provision of this section occurring during an event being catered by such licensee may be cause to revoke, cancel, or suspend the retail license held by such licensee. Any such cancellation, revocation or suspension may be appealed by the licensee as provided by the Act. (Ref. 53-124.12, 53-124.13 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
The City Council is authorized to designate an agent to determine
whether a special designated license is to be approved or denied for
sale or consumption of alcoholic liquor at a designated location.
Such agent shall follow criteria established by the City Council in
making his or her determination. The City Clerk shall be the designated
agent. The determination of the City Clerk shall be considered the
determination of the City Council unless otherwise provided by the
City Council. An application for a special designated license must
be submitted to the City Clerk for review at least 10 working days
prior to the event date. The City Clerk may deny any application received
with insufficient time to complete the review provided by this section.
The City Clerk shall approve the application if it meets all of the
following criteria:
1.
The applicant qualifies for issuance of a special designated license
pursuant to the Act, and;
2.
A favorable police report has been issued by the Chief of Police
or his designee relating to the type and level of security to be provided
to insure that all liquor laws, and in particular the liquor laws
relating to the sale to and consumption by minors, will be complied
with, and;
3.
The proposed premises is not in violation of any applicable fire
codes, building codes, or other health or safety codes, will conform
to provisions relating to maximum occupancy, and adequate restroom
facilities are available or will be provided, and;
4.
The granting of such special designated license will not create traffic
congestion or public safety hazards, or become a public nuisance,
and;
5.
The application and applicant otherwise complies with all applicable
provisions of the Act, rule or regulations of the Commission, and
all other statutory provisions and ordinances of the City, including
but not limited to hours for sale and noise regulations.
|
If the application meets all such criteria, the City Clerk shall
approve the application and return the same to the applicant for submittal
to the Commission. If the application fails to meet any of such criteria,
the City Clerk shall deny the application and give the applicant a
written statement of the reasons for denial. Upon denial, an applicant
may file a written request for City Council review and the application
shall be placed on the next City Council meeting agenda. In all cases,
regardless of approval or denial, the City Clerk shall provide to
the City Council, at the next regularly scheduled City Council meeting,
written notice of the application and the action taken thereon for
the City Council's review. Notwithstanding the authority granted by
this article, the City Clerk may forward to the City Council any application
for a special designated license for a determination to be made by
the City Council. (Ref. 53-124.11 RS Neb.)
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[Added 4-6-2021 by Ord.
No. 1279]
Every licensee under the Act shall cause his or her license
to be framed and hung in plain public view in a conspicuous place
on the licensed premise. (Ref. 53-148 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
1.
For the purposes of this section, "on the premises" shall be defined
as alcoholic beverages sold at retail by the drink for consumption
on the premises of the licensed establishment. The term "off the premises"
shall be defined as alcoholic beverages sold in the original container
for consumption off the premises of the licensed establishment.
2.
It shall be unlawful for any licensed person or persons or their
agents to sell any alcoholic liquor within the City of Ralston during
the hours provided herein:
3.
It shall be unlawful on premises licensed to sell alcoholic liquor
at retail to allow alcoholic liquor in open containers to remain or
be in possession or control of any person for purposes of consumption
for a period of time longer than 15 minutes after the time fixed herein
for stopping the sale of alcoholic beverages on the said premises.
4.
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. (Ref. 53-179 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
It shall be unlawful for any person to hire a minor under the
age of nineteen (19) years to serve or dispense alcoholic liquors,
including beer, to said licensee's customers. (Ref. 53-168.06 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
It shall be unlawful for any person owns, operates, or manages
a cocktail lounge as defined in Article Five (5) of the Ralston zoning
ordinance to allow any person under the age of twenty-one (21) years
to frequent or otherwise remain in or upon the premises unless the
minor is accompanied by and under the immediate control of his or
her parent or legal guardian.
[Added 4-6-2021 by Ord.
No. 1279]
For purposes of this Article "minor" means any person under
age twenty-one (21) years regardless of marital status or legal emancipation.
It shall be unlawful for:
1.
Any person to sell, furnish, give away, exchange, deliver, or permit
the sale, gift, or procuring of any alcoholic liquors to or for any
minor or to any person who is mentally incompetent.
2.
Any minor to obtain, or attempt to obtain, alcoholic liquor by misrepresentation
of age or by any other method, in any place where alcoholic liquid
is sold.
3.
Except as otherwise permitted under the Act, for any minor to sell,
dispense, consume, or have in his or her possession or physical control
any alcoholic liquor on or in any place, public or private, except
that a minor may possess and consume alcoholic liquor as part of a
bona fide religious rite, ritual or ceremony or in his or her permanent
place of residence.
4.
Any parent or guardian to knowingly suffer or permit any minor, of
whom he or she may be a parent or guardian, to violation the provisions
of this section.
|
No person shall be guilty of violating this section who meets
the exception from criminal liability for emergency medical assistance
as provided in the Act. (Ref. 53-103.23, 53-180 through 53-180.05
RS Neb.)
|
[Added 4-6-2021 by Ord.
No. 1279]
It shall be unlawful for any person to consume alcoholic beverages:
1.
Upon property owned or controlled by the City of Ralston, including
inside vehicles while upon the public ways, unless authorized by the
City Council;
2.
In a public parking area or inside a motor vehicle while in a public
parking area, unless such person is a passenger of a limousine or
bus being used in a charter or special party service as allowed by
the Nebraska Public Service Commission;
3.
In any bottle club, 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.
(Ref. 53-186, 53-186.01, and 60-6, 211.08 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
Any person who is found guilty of violating the provisions of
this Article shall for a first offense be guilty of a Class IV misdemeanor
and as a second or subsequent offense shall be guilty of a Class II
misdemeanor as defined by § 28-106 of the Nebraska Revised
Statutes. Each day any person engages in business as a manufacturer,
wholesaler, retailer, or bottle club in violation of this Article
shall constitute a separate offense. (Ref. 53-1,100.00)
[Added 4-6-2021 by Ord.
No. 1279]
The licensee or employer of any officer, director, manager,
agent, or employee 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 or licensee, and will be punishable in the same manner
as if the said act or omission had been committed by him personally.
(Ref. 53-1,102 RS Neb.)
[Added 4-6-2021 by Ord.
No. 1279]
The owner of any licensed premise or any person from whom a
licensee derives the right to possess such premises, or the agent
of such owner or person, who knowingly permits a licensee to use such
premises in violation of the terms of this Article or the Act, shall
be deemed guilty of a violation of these laws to the same extent as
the user of such licensee and be subject to the same penalty. (Ref.
53-1,101 RS Neb.)
