[HISTORY: Adopted by the City Council of
the City of Papillion as indicated in article histories. Amendments
noted where applicable.]
NEBRASKA STATUTE REFERENCES
Liquor Control Act — See Neb.
R.R.S. § 53-101 et seq.
Section 81-2 — Neb. R.R.S.
§§ 53-134 and 53-147.
Section 81-3 — Neb. R.R.S.
§§ 53-135 and 53-135.01.
Section 81-5 — Neb. R.R.S.
§§ 53-103 and 53-124.
Section 81-7 — Neb. R.R.S.
§ 53-134.
Section 81-8 — Neb. R.R.S.
§ 53-1,121.
Section 81-9 — Neb. R.R.S.
§ 53-1,114.
Section 81-10 — Neb. R.R.S.
§ 53-186.
GENERAL REFERENCES
Parks and recreation areas — See Ch. 142.
[Adopted as Ch. 10, Art. 3, of the 1990 Code]
A.
The City Council of the City of Papillion finds that
LB-911, as enacted by the 89th Legislature of the State of Nebraska,
has amended the Nebraska Liquor Control Act[1] so as to recognize that communities within the state may
have differing needs and standards for licensing of alcoholic beverage
retail outlets, and to provide that the local governing body of a
city shall adopt licensing standards based upon that particular community's
needs or standards.
[1]
Editor's Note: See Neb. R.R.S. § 53-101
et seq.
B.
Pursuant to the authority granted by the Nebraska
Liquor Control Act, as amended, the City Council of the City of Papillion
hereby finds and declares that the City of Papillion has its own retail
liquor licensing needs and standards which should be considered in
determining whether a liquor license should be granted.
The Council is authorized to regulate by ordinance,
not inconsistent with the provisions of the Nebraska Liquor Control
Act, the business of all retail and bottle club licenses carried on
within the corporate limits. The Council shall further have the power
and duties with respect to licensing of retailers of alcoholic beverages:
A.
To revoke for cause retail licenses to sell alcoholic
liquors issued to persons for premises within its jurisdiction, subject
to the right of appeal to the Nebraska Liquor Control Commission.
B.
To enter or to authorize any law enforcement officer
to enter at any time upon any premise licensed by the State of Nebraska
to determine whether any of the provisions of the municipal laws or
the laws of the State of Nebraska are being violated.
C.
To receive signed complaints from any citizens within
its jurisdiction that any of the municipal laws or laws of the State
of Nebraska are being violated, and to act upon such complaints in
the manner herein provided.
D.
To revoke on its own motion any license if, upon the
same notice and hearings as provided in this section, it determines
that the licensee has violated any of the provisions of the Nebraska
Liquor Control Act or any valid and subsisting ordinance or regulation
duly enacted relating to alcoholic liquors.
E.
To collect for the benefit of the State of Nebraska
and the municipality all license fees and occupation taxes as prescribed
by law.
[1]
Editor's Note: Former § 81-3, Liquor
license renewal, as amended 12-19-2000 by Ord. No. 1336, was repealed
12-16-2008 by Ord. No. 1562.
[Amended 9-5-2006 by Ord. No. 1494]
The standards and procedures for issuing liquor licenses shall be as set forth herein. The applicant shall show by clear and convincing evidence that the application will further the public interest, will provide an improvement to the neighborhood, a betterment to the City and a true increase in service to the public and will not be detrimental to the public health, safety and welfare of the City or its inhabitants. The City Council may approve the issuance of a retail liquor license to any qualified applicant if it is found by the City Council that the applicant meets the licensing standards enumerated in § 81-4A. These standards are not necessarily of equal value but, rather, may be weighed and considered independently or cumulatively. The burden of proof and persuasion to support the application shall at all times be on the party filing the application. The failure to meet any one or more of the standards shall be grounds to deny the license.
A.
In determining whether any license applied for shall
be approved, the City Council may consider, but shall not be limited
to, the following:
(1)
The adequacy of existing law enforcement and the recommendation,
if any, of the law enforcement agencies in the area.
(2)
Existing and anticipated vehicle and pedestrian traffic
flow in the vicinity of the proposed licensed premises.
(4)
The sanitation or sanitary conditions on or about
the proposed licensed premises.
(5)
The existence of a citizens' protest and any other
evidence in support of or opposition to the application.
(6)
The existing population of the City, its projected
growth, the existence of licenses in the City and those licenses issued
by abutting cities and those issued by the county within the zoning
jurisdiction of the City and the class of such licenses.
(7)
The existing liquor licenses, the class of each such
license and the distance and times of travel between establishments
issued such licenses.
(8)
Whether the proposed license would be compatible with
the neighborhood or community where the proposed premises are located.
(9)
Whether the type of activities proposed to be conducted
on the licensed premises or in adjacent related outdoor areas will
create unreasonable noise and disturbances.
(10)
The quality and management ability of the applicant,
as well as the background information of the applicant(s) established
by information contained in the records of the Nebraska Liquor Control
Commission and investigations conducted by the Papillion Police Department
or any other law enforcement agency.
(11)
Whether the license is required by the present or
future public convenience and necessity.
(12)
Whether the applicant and the license, if issued,
can comply with all requirements, conditions and restrictions provided
for in this chapter, as amended from time to time.
(13)
Whether the applicant and the license, if issued,
can comply with all procedural guidelines or liquor rules as are adopted
or amended by the City Council; provided, however, that the City Council
may at any time waive any guidelines or rule.
(14)
Past incidents of discrimination involving the applicants
as evidenced by findings of fact before any administrative board or
agency of the City or any other governmental board or agency of the
City or any other government unit or any court of law.
(15)
Past compliance with state laws of liquor regulations
and City ordinances and regulations.
(16)
That 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 delivered, liquor and
the type and extent of kitchen facilities.
(17)
Whether the premises are separate and distinct from
the sale of other mercantile products as provided by ordinance, including
the sale of gasoline.
(18)
The suppression of facts or the providing of nonfactual
information by the applicant or its representative to the local governing
body or its employees and agents in regard to the license application
or liquor investigations.
(19)
The proximity of an impact on schools, hospitals,
libraries and other public institutions.
(20)
The recommendation of the Police Department or any
law enforcement agency.
B.
Notice.
(1)
Notice of a hearing held pursuant to Neb. R.R.S. § 53-134
shall be given to the applicant by the City Clerk and shall contain
the date, time and location of the hearing. The notice shall be published
in a legal newspaper in or of general circulation in the municipality
one time not less than seven nor more than 14 days before the time
of 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)
Except for any catering liquor license application,
at the time the application is submitted for a new license or because
a license has been cancelled or revoked, each applicant for a liquor
license and each licensee seeking to transfer a license to a new location
or to add to licensed premises shall submit to the City Clerk a list
of names and addresses of the owners of property within 300 feet of
the area of the licensed premises. The list shall be submitted in
an electronic format if requested by the Clerk. An abstractor registered
under the Nebraska Abstractors Act shall prepare the list and certify
to its accuracy. A notice advising the public of the application shall
be posted at the premises not less than seven days before the hearing,
and written notification of the application and date of the hearing
before the City Council shall be given to the property owners on the
list. The requirements of this subsection may be waived by a vote
of 3/4 of the persons elected to the City Council.
[Amended 7-3-2012 by Ord.
No. 1648]
C.
Hearings.
(1)
Hearings will be informal and conducted by the Mayor
and the City Council or, in his absence, by the President of the City
Council. The intent is an inquiry into the facts, not an adversary
action. Each witness may present his or her testimony in narrative
fashion or by question and answer.
(2)
The City Council shall not be bound by the strict
rules of evidence and shall have full authority to control the procedures
of the hearing including the administration or exclusion of testimony
or other evidence. The Council may admit and give probative effect
to evidence which possesses probative value commonly accepted by reasonably
prudent individuals. The Mayor or, in his absence, the President of
the City Council may limit testimony where it appears incompetent,
irrelevant or unduly repetitious. If there is opposition to any application
and such opposition desires the opportunity to present arguments and
to cross-examine the applicant and any witnesses in favor of such
application, they shall choose a spokesperson to perform such function
who shall notify the Mayor or, in his absence, the President of the
Council of his or her representation prior to the start of the hearing.
(3)
The order of proceedings is as follows:
(a)
Exhibits will be marked by the City Clerk and presented
to the Mayor to be circulated to the City Council members during the
presentation.
(b)
Presentation of evidence and witnesses by applicant.
(c)
Testimony of any other citizens in favor of such proposed
license.
(d)
Cross-examination of applicant, witnesses or citizens
by spokespersons or opposition, if any.
(e)
Presentation of evidence and witnesses by opposition.
(f)
Testimony of any other citizens in opposition to such
proposed license.
(g)
Presentation of evidence by City and law enforcement
personnel.
(h)
Cross-examination by applicant.
(i)
Rebuttal evidence.
(j)
Summation by applicant and opposition spokesperson,
if any.
(4)
Any member of the City Council and City Attorney may
question any witness, call witnesses or request additional information.
(5)
The City Council may make further inquiry and investigation
following the hearing as it deems necessary and proper to decide whether
said application should be granted or denied.
[Amended 12-17-1991 by Ord. No. 1111; 7-6-2010 by Ord. No. 1592; 1-5-2016 by Ord. No. 1730]
A.
It shall be unlawful for any licensed person or persons or their
agents to sell at retail any alcoholic beverages, including beer and
wine, for consumption off the premises, and for dispensing and consumption
on the premises, on any day between the hours of 2:00 a.m. and 6:00
a.m.
B.
It shall be permissible to sell at retail alcoholic beverages, including
beer and wine, for consumption off the premises, and for dispensing
and consumption on the premises, on any day between the hours of 6:00
a.m. and 2:00 a.m. the following day.
C.
It shall be unlawful for any licensed person or persons or their
agents to allow alcoholic beverages in open containers to remain or
be in the possession of or control of any person for purposes of consumption
between the hours of 15 minutes after the closing hour applicable
to the licensed premises and 6:00 a.m. on any day.
D.
No person or persons shall consume any alcoholic beverages on licensed
premises for a period longer than 15 minutes after the time fixed
herein for stopping the sale of alcoholic beverages on said premises.
E.
Nothing in this section shall be construed to prohibit licensed premises
from being open for other business purposes on days and hours during
which the sale or dispensing of alcoholic beverages is prohibited
by this section.
It shall be unlawful to open for public use
any retail liquor establishment that is not in a clean and sanitary
condition. Toilet facilities shall be adequate and convenient for
customers and patrons and said licensed premise shall be subject to
any health inspections the Council or the municipal police may make
or cause to be made. All applications for liquor licenses shall be
viewed in part from the standpoint of the sanitary conditions, and
a report concerning said sanitary conditions shall be made at all
hearings concerning the application for or renewal of a liquor license.
It shall be the duty of all police officers
to enter at any time the establishment of any licensee under the Nebraska
Liquor Control Act within the said municipality to determine whether
any of the provisions of the Nebraska Liquor Control Act,[1] the Nebraska Statutes or the municipal ordinances are
being violated. Upon any such inspection the municipal police shall
examine the premise sufficiently to ascertain whether the said establishment
is being operated lawfully.
[1]
Editor's Note: See Neb. R.R.S. § 53-101
et seq.
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 property. An officer
removing an intoxicated person from public property shall make a reasonable
effort to take such intoxicated person to his or her home or to any
hospital, clinic, alcoholism center or medical doctor as may be necessary
to preserve life or to prevent injury. If these measures 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 it is necessary to preserve life or
to prevent injury, and under no circumstances longer than 12 hours.
The placement of such person in civil protective custody shall be
recorded at the facility or jail at which he or she is delivered and
communicated to his or her family or next of kin, if they can be located,
or to such person designated by the person taken into civil protective
custody.
B.
The law enforcement officer who acts in compliance
with this section shall be deemed to be acting in the course of his
or her official duty and shall not be criminally or civilly liable
for such actions. The taking of an individual into civil protective
custody under this section shall not be considered an arrest. No entry
or other record shall be made to indicate that the person has been
arrested or charged with a crime.
C.
For purposes of this section, public property shall
mean any public right-of-way, street, highway, alley, park or other
state, county or municipally owned property.
Any five residents of the municipality shall
have the right to file a complaint with the Council stating that any
retail or bottle club licensee subject to the jurisdiction of the
Council has been or is violating any provision of the Nebraska Liquor
Control Act[1] or the rules or regulations issued pursuant thereto. Such
complaint shall be in writing in the form prescribed by the Council
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 belief is
based. If the Council 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; provided, that the complaint
must in all cases be disposed of by the 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 Nebraska
Liquor Control Commission as provided by law.
[1]
Editor's Note: See Neb. R.R.S. § 53-101
et seq.
It shall be unlawful for any person to sell,
dispense or consume alcoholic liquors in the public streets, alleys,
parking areas, roads or highways or inside vehicles while upon the
public streets, alleys, parking areas, roads or highways, or upon
property owned by the municipality unless specifically authorized,
in writing, by the City Council pursuant to a majority vote of those
persons elected to the City Council.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions
or provisions of any section of this chapter shall be deemed guilty
of a misdemeanor. Unless otherwise specified in the particular section
for which the person stands convicted of violating, the penalty for
such violation shall be fined in any sum not exceeding $500 or imprisoned
six months, or both said fine and imprisonment at the discretion of
the sentencing court.
[Adopted 3-3-2020 by Ord. No. 1866]
It is hereby declared to be the intent and purpose of the City
Council in adopting and administering the provisions of this article:
A.
To encourage economic growth areas near entertainment venues by providing
exciting, vibrant, and diverse restaurants, retail, and lodging that
will support and complement the entertainment venue;
B.
To provide for the regulation of areas designated as entertainment
districts and common areas contained within the entertainment districts;
and
C.
To protect the health, safety, and/or welfare of the public in the
entertainment districts.
The following terms shall have the following meanings, for the
purposes of this article:
An area:
Within an entertainment district designated by the City Council;
Shared by authorized licensees with entertainment district licenses;
Abutting the licensed premises of such licensees;
Having limited pedestrian accessibility by use of a physical
barrier, either on a permanent or temporary basis; and
Closed to vehicular traffic when used as a commons area.
An area of real property designated and permitted by the
City Council pursuant to this article whereby the Nebraska Liquor
Control Commission may issue annual entertainment district licenses
pursuant to the Nebraska Liquor Control Act to allow retail licensees,
craft brewery licensees, micro distillery licensees or manufacturer's
licensees to share in the use of one or more commons areas.
A convention center, arena, stadium, or other structure or
premises open to the public to view or participate in arts or theatrical
performances, concerts, or other live entertainment events such as
sporting events, or for the viewing of videos, television programming
or motion pictures. An entertainment venue shall not be a residence,
hotel or other lodging facility, facility predominantly used for private
events, school, a movie theater, or other similar facility or business
where live entertainment is not the primary focus. A location shall
not be deemed an entertainment venue if it has not been open to the
public for live entertainment events or viewings for a period of two
years prior to the date of the application, or if it will not be open
to the public for live entertainment events within 90 days from the
date of City Council approval of an entertainment district designation.
An association legally formed pursuant to the laws of the
state, which is organized for the purpose of applying for and maintaining
an entertainment district designation and commons area permit. Membership
shall consist of at least all property owners owning real property
contained within the boundaries of the entertainment district. The
promotional association must have authority to manage and control
the commons area where liquor licenses may be issued and any events
that occur within the commons area, or events requiring a special
event permit or special designated liquor license.
A.
After a public hearing, the City Council may, by resolution, designate
an area of real property as an entertainment district and authorize
the City Clerk to issue a commons area permit to the commons area
property owner or promotional association, if the proposed entertainment
district meets the following requirements:
(1)
The district includes an entertainment venue, or the proposed boundary
line of the district is within 1,500 feet from an entertainment venue,
measured from the nearest lot line from each property as determined
by the City;
(2)
The district includes not less than 100,000 square feet of space
intended for retail, entertainment, shopping, restaurants, art galleries,
and outdoor dining uses. Such space does not need to be contiguous,
but the calculation of the said square feet of space shall not include
the square footage of any common hallways, lobbies or atriums, parking
garage or lot, storage areas, residential or lodging facilities, or
outdoor space not used for outdoor dining;
(3)
The real property includes one or more commons areas;
(4)
The real property is under the same common ownership, or has been
placed under the control of a promotional association; and
(5)
The real property is zoned General Commercial or Mixed Use.
B.
The City Council may impose additional rules to apply to a commons
area permit, the entertainment district, or the operation of businesses
in the entertainment district. Such rules may include, but not be
limited to, boundaries, barriers, access, design, types of business
and uses, hours of operation, and types of events.
C.
The City Clerk is authorized to issue a commons area permit upon
satisfaction of the following:
(1)
The City Council has designated the area of real property as an entertainment
district and has granted the City Clerk the authority to issue a commons
area permit;
(2)
The City Clerk has received payment of the entertainment district
application fee and the commons area permit fee; and
(3)
The applicant has provided satisfactory documentation to the City
Clerk that all requirements or restrictions imposed by the City Council
and this chapter have been met.
D.
The City Council may amend, suspend, revoke, or elect not to approve
any subsequent renewal application for an entertainment district designation
and issuance of a commons area permit if the City Council determines
that:
(1)
The entertainment district or commons area does not meet or has not met the requirements or rules under this Chapter 81 or the terms and conditions of the approval of the district or the commons area permit;
(2)
The entertainment district or commons area is or has been a threat
to the health, safety, or welfare of the public;
(3)
The entertainment district or commons area is or has been a common
nuisance; or
(4)
Information in the initial or renewal application is found to be
false, misleading, or fraudulent.
E.
The City Council may by resolution authorize the City Clerk to extend
the City Council's entertainment district designation for up
to two additional periods of two years each and to issue a new commons
area permit without requiring a renewal application to be submitted
to and approved by the City Council, as provided in this article,
provided that a two-year extension shall not be effective until the
permittee shall first pay the City the fee of $2,500 for the entertainment
district designation and common area permit for such two-year extension
period. The entertainment district and commons area permit shall be
reviewed by the City Council at least once every six years.
F.
The City Council's designation of an area of real property as
an entertainment district shall immediately terminate upon the date
of expiration, suspension, or revocation of the commons area permit.
A.
An application for an entertainment district designation and commons
area permit shall be made and executed under oath by the common property
owner of the real property or, if the real property in the area is
owned by two or more persons and is not under common ownership, by
members of the district's promotional association.
B.
An application for an entertainment district designation and commons
area permit shall be submitted to the City Clerk along with a nonrefundable
application fee of $500 and shall include the following:
(1)
A to-scale architectural drawing showing the district and location
of all buildings, sidewalks, streets, proposed commons area, barriers,
and location and distance to the entertainment venue; and
(2)
A copy of a written notice of the application for designation of
an entertainment district, sent by the applicant to each owner of
property lying within 300 feet of the proposed entertainment district.
At a minimum, the notice shall provide the applicant's contact
information and a to-scale drawing of the proposed entertainment district
showing the location of buildings and any proposed commons area.
(3)
Any other information required by the City on forms provided by the
City Clerk.
C.
Upon receipt of the completed application and application fee, the
City Clerk shall forward the application to the City Council for a
resolution providing for approval, approval with conditions or denial
of designation, and authority to issue a commons area permit if appropriate.
D.
An entertainment district designation and commons area permit shall
not become effective until an entertainment district permit fee of
$2,500 has been paid to the City Clerk. The permit fee shall not be
refundable. The applicant shall have 90 days from the date of the
City Council's approval to make such payment, or the application
shall be deemed withdrawn by applicant.
A.
The commons area permittee shall provide written notification to
the City Clerk of any change in ownership of any property within the
entertainment district, or legal status of the promotional association,
or change in manager or contact information for the commons area permit,
at least 30 days prior to the effective date of the change.
B.
The commons area permittee shall provide written notification to
the City Clerk of the name of the manager required by this article
within 30 days of employment by the permittee.
C.
An entertainment district designation and commons area permit shall
be valid for a period of two years from the date of issuance of the
entertainment district permit by the City Clerk, except as follows:
(1)
If all the property within the entertainment district is under common
ownership and the common ownership entity is the commons area permittee,
and one or more parcels of the property is sold, the designation and
permit shall expire six months following the date of such sale.
(2)
If a promotional association is the commons area permittee and the
promotional association is dissolved, the designation and permit shall
expire immediately.
(3)
If the commons area permit is revoked by the City Council, the designation
and permit shall expire immediately.
D.
The City Council, City Administrator, or their designee may conduct
investigations, reviews, or hearings relating to an entertainment
district designation or commons area permit.
E.
A commons area permittee who fails to renew the commons area permit
before the expiration date shall be considered to be operating without
a valid designation and permit. Alcoholic liquor shall be unlawful
in an area previously designated as a commons area unless and until
proper designations, licenses and permits are obtained or renewed.
Failure to prohibit alcoholic liquor in the area previously designated
as a commons area may result in immediate closure of the area by the
City or other appropriate enforcement action determined by the City.
F.
At all times, the property contained within the boundaries of the
entertainment district shall be in compliance with federal, state,
and local laws, including, but not limited to, zoning, fire prevention,
life safety, building, plumbing, and electrical.
G.
It shall be unlawful for the commons area permittee or the owner or operator of any property contained within the boundaries of the entertainment district to violate any of the conditions and restrictions contained in this Chapter 81, the entertainment district designation, or the commons area permit.
A.
Prior to commencing any exterior building or commons area modifications,
additions, or demolition, the commons area permittee shall make application
for approval of the changes on a form provided by the City Clerk.
The modification application shall include:
(1)
A to-scale architectural drawing reflecting any proposed changes
to, among other things, the buildings, sidewalks, streets, commons
area, and barriers.
(2)
A copy of a written notice sent by the permittee to each owner of
property lying within 300 feet of the entertainment district. The
notice shall contain the proposed modifications, the permittee and/or
manager's contact information, and a to-scale drawing showing
proposed changes.
B.
The City Clerk shall forward the application to the City Council
to provide by resolution for approval, approval with conditions, or
denial, and grant of authority to the City Clerk to issue an amended
commons area permit if appropriate.
A.
No earlier than six months and no later than 60 days prior to the
expiration of the designation and the commons area permit, the commons
area permittee may apply for a renewal of the entertainment district
designation and issuance of a new commons area permit. Any renewal
application received outside of these time requirements will either
be returned to the permittee or treated as a new application.
B.
A renewal application for the entertainment district designation
and issuance of a new commons area permit shall be made under oath
on a form provided by the City Clerk and in the same manner prescribed
for the original application. A renewal application and application
fee of $500 shall be submitted to the City Clerk. The application
fee is not refundable. The renewal application shall also include:
(1)
A detailed summary of the complaints received by the manager, as
required by this chapter. Unless otherwise specified by the City,
the summary shall be for at least a two-year period prior to the date
of the renewal application;
(2)
A list of events held in the commons area over the past two years;
(3)
A copy of a written notice of the application for renewal of the
entertainment district, sent by the applicant to each owner of property
lying within 300 feet of the entertainment district. At a minimum,
the notice shall provide the applicant's contact information
and a to-scale drawing of the proposed entertainment district showing
location of buildings and any proposed commons area(s).
C.
The City Clerk shall forward the application to the City Council.
The City Council shall review the negative and positive effect on
police and community resources, including, but not limited to, protective
custody services and admissions, calls for service, and criminal offenses
such as noise disturbances, public urination, and assaults. Additionally,
the City Council may also consider additional information provided
by the permittee, such as changes in revenue, new business ventures,
and new entertainment opportunities. The City Council shall provide
by resolution for approval, approval with conditions, or denial, and
grant of authority to the City Clerk to issue a new commons area permit
if appropriate.
D.
A permit fee of $2,500 for the new commons area permit shall be paid
within 15 business days following the City Council approval, or the
renewal application shall be deemed withdrawn by the permittee. The
permit fee shall not be refundable. The effective date of the renewal
designation and the new commons area permit shall be the date following
the expiration of the previous designation and permit.
The commons area permittee shall appoint a manager to address
all complaints regarding commons areas, events and/or operation of
the entertainment district. The name and telephone number of the manager
shall be posted in entryways of buildings and other structures and
in the commons area within the entertainment district. The manager
shall make reasonable efforts to address each complaint. The manager
shall keep a log of all complaints and follow up responses occurring
during the term of the commons area permit and shall maintain such
records for a period of one year following the expiration of the commons
area permit, provided that if the commons area permit is renewed,
the permittee shall maintain such records for a period of five years
thereafter. The log shall be made available upon request by City Council,
law enforcement, or staff of the City.
A.
The holder of a retail license, craft brewery license, microdistillery
license or manufacturer's license, located within an entertainment
district and adjacent to a commons area approved under this article,
may apply for an entertainment district license by filing an application
and filing fee with the Nebraska Liquor Control Commission pursuant
to state law. Such procedure, and the rights and duties of an entertainment
district licensee, shall be as provided by state law.
B.
The holder of an entertainment district license shall pay to the
City an annual occupation tax in an amount equal to half of the amount
of the liquor license fee paid by the licensee for the year under
the Nebraska Liquor Control Act.
It shall be unlawful for any licensee, manager, or employee
of an entertainment district licensee:
A.
To allow anyone other than a licensee, manager, or employee of such
licensee to serve alcoholic liquor in the licensed premises, to include
the commons area;
B.
To serve alcoholic liquor in a commons area when food service is
not available for customers' consumption in the commons area
by an on-site food establishment;
C.
To serve alcoholic liquor in a commons area in containers that do
not prominently display the licensee's trade name or logo or
some other mark that is unique to the licensee under the licensee's
retail license, craft brewery license, microdistillery license or
manufacturer's license;
D.
Except as allowed by law, to allow alcoholic liquor to leave the
commons area or the premises licensed under its retail license, craft
brewery license, microdistillery license, or manufacturer's license;
E.
To allow alcoholic liquor to be served or sold at retail in the commons
area after 2:00 a.m. and before 6:00 a.m., except when hours are extended
by the City Council's approval of a special designated liquor
license.
F.
To allow live entertainment, music, or amplified sound in the commons
area after 2:00 a.m. and before 6:00 a.m., except when hours are extended
by the City Council's approval of a special designated liquor
license.
G.
To sell at retail alcoholic liquor below the costs of purchasing
alcoholic liquor from manufacturer or wholesaler.
H.
To serve at one time three or more individual drinks, or two or more
bottles of wine, or pitchers containing beer, wine, or spirits to
a person for immediate on-premises consumption. This shall not prohibit
a person from purchasing a drink, bottle of wine, or a pitcher for
another person or persons; however, the licensee, manager, or employee
must personally serve the alcoholic liquor to the other person(s).
