[1]
Editor's Note: Ord. No. 1279 amended Article I in entirety. Prior history includes Ord. No. 785, Ord. No. 831, Ord. No. 837, Ord. No. 895, Ord. No. 906, Ord. No. 1155, and Ord. No. 1230.
[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.)
[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:
a. 
The sale or distribution for consumption off the premises on any day between the hours of 1:00 a.m. and 6:00 a.m.; or
b. 
The sale or dispensing for consumption on the premises on any day between the hours of 2:00 a.m. and 6:00 a.m.
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.)