CHAPTER 3

ALCOHOLIC BEVERAGES

Sec. 3-1           Definitions
Sec. 3-2           License to Manufacture, Sell, etc., Required
Sec. 3-3           Display of License
Sec. 3-4           Sale, etc., to Minors and Incapacitated Persons
Sec. 3-5           Misrepresentation of Age by Minors
Sec. 3-6           Hours of Sale Generally
Sec. 3-7           Entrances of Licensed Premises
Sec. 3-8           Interiors of Lighted Premises
Sec. 3-9           Entertainment on Licensed Premises Generally
Sec. 3-10         Dancing on Licensed Premises
Sec. 3-11         Possession of Liquor in Other than Original Packages
Sec. 3-12         Nonbeverage Users Generally
Sec. 3-13         Possession of Liquor Acquired from Person other than Licensee
Sec. 3-14         Occupation Tax on Manufacturers and Sellers
Sec. 3-15         Liability of Owner of Licensed Premises
Sec. 3-16         Liability of Licensee for Violations of Others
Sec. 3-17         Right of Entry of Police Officers to Licensed Premises
Sec. 3-18         Liquor Application; Retail Licensing Standards

Sec. 3-1  Definitions.

Unless otherwise indicated, the words and phrases used in this chapter are used in the sense as defined in section 53-103, Revised Statutes of Nebraska, 1943, or as may be later amended.  (Mun. Code, Section 5-101)

Sec. 3-2  License to Manufacture, Sell, etc., Required.

It shall be unlawful for any person to manufacture for sale, sell, keep for sale, to barter or exchange, under any pretext any alcoholic liquor within the City unless such person shall have in full force and effect a license therefor as provided by the Nebraska Liquor Control Act.  (Mun. Code, Sec. 5-102)

Sec. 3-3  Display of License.

Every licensee under the Nebraska Liquor Control Act within the City shall cause his license to be framed and hung in plain public view in a conspicuous place on the licensed premises.  (Mun. Code, Sec. 5-105.02)

Sec. 3-4  Sale, etc., to Minors and Incapacitated Persons.

No person shall, within the City, sell or give any alcoholic liquors to, or procure any such liquor for, or permit the sale or gift of any such liquor to, or the procuring of any such liquor for, any minor or any person who is mentally incompetent or any person who is physically or mentally incapacitated due to the consumption of such liquors.  (Mun. Code, Sec. 5-103)

Sec. 3-5  Misrepresentation of Age by Minors.

No minor shall, within the City, represent that he is of age for the purpose of asking for, purchasing or receiving any alcoholic liquors from any person.  (Mun. Code, Sec. 5-103)

Sec. 3-6  Hours of Sale Generally.

(a)  No alcoholic liquors shall be sold at retail or dispensed on the first day of the week, commonly called Sunday, or on Thanksgiving Day or Christmas, between the hours of 1:00 A.M. and 1:00 A.M. the day fol­lowing, provided,that alcoholic liquor including beer and wine may be sold or dispensed for on or off-premises consumption, on the first day of the week, commonly called Sunday, or on Thanksgiving Day or Christmas, between the hours of 12:00 Noon and 1:00 A.M. the day following, and provided further, that when December 31 shall fall on a Sunday, alcoholic liquor may be sold or dispensed for on or off-premises consumption between 12:00 noon and 1:00 A.M. the day following.  (Ord. No. 2037; Ord. No. 2114; Ord. No. 2122)

(b)  No alcoholic liquors, including beer, shall be sold at retail or dispensed on secular days between 1:00 A.M. and 6:00 A.M.

(c)  Nothing in this section shall be construed to prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic liquor is prohibited by this section.
(Mun. Code, Sec. 5-104; Ord. No. 770, Sec. 1; Ord. No. 1127, Sec. 1; Ord. No. 1142, Sec. 1; Ord. No. 1326, Sec. 1; Ord. No. 1335, Sec. 1; Ord. No. 1681, Sec. 1; Ord. No. 1774, Sec. 1)

Sec. 3-7  Entrances to Licensed Premises.

No person holding a license for the sale at retail of alcoholic liquors, including beer, shall sell within the City any such liquors or conduct any of the business for which such license is required in any room or premises not provided with a public entrance at the front thereof, opening upon a public street.  No person holding such license shall permit the use of any other entrance except by the licensee, his family or employees, or for ingress and egress by other persons for the purpose of lawful labor or business other than the purchase at retail or the consumption of alcoholic liquors.  (Mun. Code, Sec. 5-105)

Sec. 3-8  Interiors of Lighted Premises.

In premises within the City upon which the sale of alcoholic liquor for consump­tion on the premises is licensed, other than restaurants, hotels or clubs, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such premises, and no booth, screen, wall, partition or other obstruction, nor any arrangements of lights shall be permitted in or about the interior of such licensed premises which shall prevent a full and clear view of the entire interior of such premises from the streets, roads or sidewalks.  All rooms where alcoholic liquors are sold shall be continuously lighted during business hours by natural or artificial light.  (Mun. Code, Sec. 5-105.01)

Sec. 3-9  Entertainment on Licensed Premises Generally.

It shall be unlawful for any licensee under the Nebraska Liquor Control Act with a place of business within the City to permit, on premises where alcoholic liquors are consumed thereon, entertainments other than:

1. Music from any vocal or instrumental source;

1. Radio, television or other electronically produced information, music or entertainment;

(c)  Performances by entertainers; provided, such entertainers shall not engage in any lewd, obscene, nude or otherwise objectionable behavior.  (Mun. Code, Sec. 5-105.03; Ord. No. 1326, Sec. 2)

Sec. 3-10  Dancing on Licensed Premises.

It shall be lawful for patrons to dance on the premises of an on-sale licensee when such dancing is supervised by the licensee.  (Mun. Code, Sec. 5-105.04; Ord. No. 1326, Sec. 3)

Sec. 3-11  Possession of Liquor in Other than Original Packages.

It shall be unlawful for any person to have in his possession within the City for sale at retail any alcoholic liquors contained in bottles, casks or other containers except the original package.  (Mun. Code, Sec. 5-106)

Sec. 3-12  Nonbeverage Users Generally.

No nonbeverage user shall, within the City, sell, give away or otherwise dispose of any alcohol, purchased under a license as such nonbeverage user, in any form fit for beverage purposes.  (Mun. Code, Sec. 5-107)

Sec. 3-13  Possession of Liquor Acquired from Person Other than Licensee.

It shall be unlawful for any person to have possession of any alcoholic liquors within the City which shall have been acquired otherwise than from a licensee duly licensed to sell the same to such person under the provisions of the Nebraska Liquor Control Act; provided, that nothing herein contained shall prevent the possession of al­coholic liquor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of a maker, his family and his guests; and provided further, that any drugstore employing a licensed pharmacist may possess and use alcoholic liq­uors in the compounding of prescriptions of duly licensed physicians; provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite of religious ceremony con­ducted by such church shall not be prohibited by this chapter.             (Mun. Code, Sec. 5-108)

Sec. 3-14  Occupation Tax on Manufacturers and Sellers.

For the purpose of raising revenue within the City there is hereby levied upon the following described businesses conducted in the City, in connection with beverages and alcoholic liquors, the following designated annual occupation taxes:

Manufacturer of alcohol and spirits.......................... $2,000.00
Manufacturer of beer................................................... 500.00
Manufacturer of wine................................................... 500.00
Alcoholic liquor distributor (except beer)................... 1,000.00
Beer distributor............................................................ 500.00
Retailer of beer only, for consumption on the
premises...................................................................... 100.00
Retailer of beer only, for consumption off the
premises (sale in the original package only)..................... 50.00
Retailer of alcoholic liquors for consumption
on the premises and off the premises (sale
in the original packages only)........................................ 500.00
Retailer of alcoholic liquors, including beer,
for consumption off the premises, (sale in
the original packages only)........................................... 300.00
Bottle clubs................................................................. 400.00
Nonprofit corporations (H).......................................... 200.00
Retailer of Beer and Wine only for consumption
on the premises (J)....................................................... 100.00
Catering license or special designated permit,
per event (up to maximum $50.00 per year)................... 10.00
Nonbeverage User:
Class 1.......................................................................... 10.00
Class 2.......................................................................... 50.00
Class 3........................................................................ 100.00
Class 4........................................................................ 200.00
Class 5........................................................................ 500.00

For any other class of license not listed above, the occupation tax shall be two times (2X’s) the amount of fee paid to the State Liquor Control Commission.

For existing license holders, such occupation tax so levied shall be paid to the City Clerk-Treasurer for the benefit of the general fund of the City on or before May 1 of each year.  For newly issued licenses, the tax shall be due immediately upon is­suance of license under the State Liquor Control Act, and such tax shall be pro-rated as follows:

            DATE LICENSE ISSUE                     AMOUNT OF TAX        

            May  1 - July 31                                        100%
Aug. 1 - Oct. 31                                       75%
Nov. 1 - Jan. 31                                        50%
Feb. 1 - Apr. 30                                       25%

Such occupation tax so levied shall be paid to the City Clerk-Treasurer for the benefit of the general fund of the City immediately after the final issuance of license under the state Liquor Control Act for any such business.

The City Clerk-Treasurer shall issue his receipt for such tax when paid, properly dated, specifying the person for whom paid and for what purpose.  If such City Clerk-Treasurer be unable to collect such occupation tax when due, he shall im­mediately report such facts to the City Attorney who shall then proceed, by civil suit in the name of the City, to collect the amount due.  This remedy shall not be exclusive of any other right of action, but merely cumulative. (Mun. Code, Sec. 5-111; Ord. No. 961, Sec. 1; Ord. No. 1722, Sec. 1; Ord. No. 1847, Sec. 1)

Sec. 3-15  Liability of Owner of Licensed Premises.

If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use the licensed premises in violation of the terms of this chapter, the owner, or agent or other person shall be deemed guilty of a violation of this chapter to the same extent as the licensee and be subject to the same punishment.  (Mun. Code, Sec. 5-109)

Sec. 3-16  Liability of Licensee for Violations of Others.

Every act or omission of whatsoever nature constituting a violation of any of the
provisions of this chapter, by any officer, director, manager or other agent or employee of any licensee, if the act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of such employer or licensee, and the employer or licensee shall be punishable in the same man­ner as if the act or omission had been done or omitted by him personally.  (Mun. Code, Sec. 5-110)

Sec. 3-17  Right of Entry of Police Officer to Licensed Premises.

All police officers of the City are hereby authorized to enter at any time upon any premises of any licensee under the Nebraska Liquor Control Act within the City to determine whether any of the provisions of such act or of this chapter, or any rules or regulations adopted by the City or by the State Liquor Control Commission have been or are being violated, and at such time to examine sufficiently the premises of the licensee in connection therewith.  (Mun. Code, Sec. 5-105.05)

Sec. 3-18  Liquor Application; Retail Licensing Standards.

The City Council adopts the following licensing standards and criteria for con­sideration by the Liquor Control Commission of any applicant for a retail alcoholic liq­uor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, in accordance with the Nebraska Liquor Control Act, Neb. Rev. Stat. Sec. 53-132(3)(a) and Section 7 of Legislative Bill 911, Eighty-Ninth Legislature, Second Session, 1986:

1. The adequacy of existing law enforcement resources and services in the area.

1. 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.

1. Zoning restrictions.

1. Sanitation or sanitary conditions on or about the proposed licensed premises.

1. The existing population, and projected growth, both City-wide and within the area to be served.

1. The existing liquor licenses, the class of such license, and the distance and times of travel to such licenses.

1. The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth.

1. 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.

1. Whether the applicant can insure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. Rev. Stat. Sec. 53-102 of the Nebraska Liquor Control Act.
2.  
3. Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic beverages, which must be dis­played, kept, and sold from an area  which is secured to the greatest ex­tent possible.

1. Whether the applicant is fit, willing, and able to properly provide the service proposed      in conformance with all provisions, requirements, needs and regulations provided for in    the Nebraska Liquor Control Act.

1. Whether the applicant has demonstrated that the type of management and control       exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act.

1. The background information of the applicants established by information contained in the public records of the Nebraska Liquor Control Commis­sion.

1. Past compliance with state laws and liquor regulations and municipal or­dinances and regulations.

1. If the application is for an on-sale license, whether it is adjunct to a legitimate food    service operation as evidenced by percent of gross in­come allocated to food and liquor, and the type and extent of kitchen facilities.

1. Whether the application will provide an improvement to the neigh­borhood, a betterment to the municipality, or a true increase in service to the public at large.
2.  
3. Proximity of and impact on schools, hospitals, libraries, and public in­stitutions.

1. Whether the type of entertainment to be offered, if any, will be ap­propriate and nondisruptive to the neighborhood where the premises are located and to the community at large.
2.  
3. Whether the application is for a business, and the sole purpose for which is the sale or dispensing of liquor, or when the sale or dispensing of liq­uor is a substantial integral part of the business, and not just incidental thereto.
4. Applications for Class “B”, “C”, and “D” licenses (as defined by Section 53-124
5.        R.R.S.) must be for premises which are separate and distinct from any other business activity.  Premises shall be deemed separate and distinct only when located in a building which is not adjacent to any other building, or when located within the same building, they shall be so separate by walls (floor to ceiling), that access cannot be had directly from the area of alcoholic liquor sales to any other business activity by means of doors or other openings; provided, nothing herein shall prevent the construction or maintenance of doors that are used by employees; fur­ther, any non-conforming premises in existence on the effective date of this ordinance may be continued for the life of the license.  Such non-conforming premises may not be enlarged, extended, or restored after damage during interim.  For the purposes of this section, other business activity shall mean the sale or display of any food, produce, mercantile product, item or service other than keeping or selling of alcoholic liquors at retail for consumption off the premises and the sale or display of ice, drink mix, tobacco, cups, or carbonated beverages.

1. Whether or not applicant has ever forfeited bond to appear in court to answer charges of   having committed a felony, or charges of having vio­lated any law or ordinance enacted in the interest of good morals and decency, or has been convicted of violating or forfeiting bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquors.
2.  
3. Other information and data that may reasonably be considered pertinent to the issuance of the license.

The preceding standards are not necessarily of equal value that can be computed in a mathematical formula.  Rather, they are standards which can be weighed and cumu­lated positively and negatively.  The burden of proof and persuasion shall be on the party filing the application.  When applicable, the term “applicants” as used herein is synonymous with “licensee.” (Ord. No. 1808, Sec. 1)
For state law authorizing city to regulate billiard tables and bowling alleys, see R.R.S. 1943, Sec. 16-226.  See also, R.R.S. 1943, Secs. 23-808 to 23-812.  As to poolroom licenses, see R.R.S. 1943, Sec. 23-810.