Article 3. Alcoholic Beverages

§10-301   Falls City Code   §10-324

Article 3. Alcoholic Beverages

§10-301   ALCOHOLIC BEVERAGES; DEFINITIONS.  All words and phrases herein used are to have the definitions applied thereto, as defined in the Liquor Control Act of the State of Nebraska.  (Ref.53-103 RS Neb.)

§10-302  ALCOHOLIC BEVERAGES; LICENSE REQUIRED.  It shall be unlawful for any person to manufacture for sale, sell, keep for sale, or to barter any alcoholic liquors within the Municipality unless said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act. (Ref.  53-102 RS Neb.)

§10-303   ALCOHOLIC BEVERAGES; LOCATION.  It shall be unlawful for any person or persons to own, maintain, manage, or hold open to the public any establishment for the purpose of selling at retail any alcoholic liquor within one hundred and fifty feet (150') of any church, school, hospital, or home for aged or indigent persons or veterans, their wives or children; Provided, this prohibition shall not apply to any location within such distance when the said establishment has been licensed by the Nebraska Liquor Control Commission at least two (2) years, and to hotels offering restaurant service, regularly organized clubs, or to restaurants where the selling of alcoholic liquors is not the principal business carried on, if the said hotel, club, or restaurant were licensed and in operation prior to May 24, 1935.  No alcoholic liquor, other than beer, shall be sold for consumption on the premise within three hundred feet (300') from the campus of any college within the Municipality.  (Ref.  53-177 RS Neb.)

§10-304   ALCOHOLIC BEVERAGES; DWELLINGS.  Except in the case of hotels and clubs no alcoholic liquor shall be 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.)

§10-305 ALCOHOLIC BEVERAGES; LICENSE DISPLAYED.  Every licensee under the Nebraska Liquor Control Act shall cause his license to be framed and hung in plain public view in a conspicuous place on the licensed premise.  (Ref.  53-148 RS Neb.)

§10-306   ALCOHOLIC BEVERAGES; LICENSEE REQUIREMENTS.  It shall be unlawful for any person or persons to own an establishment that sells at retail any alcoholic beverages unless said person is a resident of the county in which the premise is located; a person of good character and reputation; a citizen of the United States; a person who 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 Reissue Revised Statutes of Nebraska, 1943, or any similar offense under a prior criminal statute or in another state; a person who has never had a liquor license revoked for cause; a person whose premises, for which a license is sought, meets standards for fire safety as established by the State Fire Marshal; or a person who has not acquired a beneficial interest in more than two (2) alcoholic beverage retail establishments since March 4, 1963; Provided, the beneficial interest requirement in this section shall not apply to a person applying for an additional license for use in connection with the operation of a hotel containing at least twenty-five (25) sleeping rooms, or where the request is limited to on premises sale of beer only in a restaurant.  (Ref.  53-124.03,  53-125  RS  Neb.)

§10-307   ALCOHOLIC BEVERAGES; LIQUOR APPLICATION; MUNICIPAL EXAMINATION

     (1) Any person or persons desiring to obtain a license to sell alcoholic liquor at retail shall file an application with the Liquor Control Commission.  Upon receipt from the Commission of the notice and copy of the application as provided in section 53-131, RS Neb., the Governing Body shall fix a time and place at which a hearing will be held, and at which time the Governing Body shall receive evidence, under oath, either orally, or in writing, from the applicant and any other person concerning the propriety of the issuance of such license.  Such hearing shall be held not more than forty-five (45) days after the receipt of notice from the Commission.  The Governing Body may examine, or cause to be examined, under oath, any applicant; examine, or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof for its information in the performance of its duties.  For purposes of obtaining any of the information desired, the Governing Body may authorize its agent, the Municipal Clerk or the Municipal Attorney, to act on its behalf.

     (2) Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the Municipality one (1) time not less than seven (7), nor more than fourteen (14), days before the time of the hearing.  Such notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the Governing Body in support of or in protest against the issuance of such license may do so at the time of the hearing.

     (3) The Governing Body shall, after the hearing provided in subsection (1), approve or deny the application within forty-five (45) days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application.  The Municipal Clerk shall thereupon mail or deliver to the Commission a copy of the resolution within ten (10) days of the decision to approve or deny the application.

     (4) Any resolution denying an application rendered by the Governing Body shall be in writing or stated in the record and shall be accompanied by findings.  The findings shall consist of concise statements of the conclusions upon each contested issue.  The applicant shall be notified of the decision in person or by mail.  (Ref.  53-131, 53-132, 53-134, RS, Neb.)

§10-308   ALCOHOLIC BEVERAGES; LIQUOR LICENSE RENEWAL.  Retail or bottle club licenses issued by the Commission and outstanding may be automatically renewed in the absence of a request by the Governing Body to require the said licensee to issue an application for renewal.  Any licensed retail or bottle club establishment located in an area which is annexed to the Municipality shall file a formal application for a license, and while such application is pending, the licensee shall be authorized to continue all license privileges pursuant to this Article until the original license expires, is canceled, or revoked.  If such license expires within sixty (60) days following the annexation date of such area, the license may be renewed by order of the Commission for not more than one (1) year.  The Municipal Clerk, upon notice from the Commission, between January tenth (10th) and January thirtieth (30th) of each year, shall cause to be published in a legal newspaper in, or of general circulation in the Municipality, one (1) time, a notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the Municipality; Provided, Class C license renewal notices shall be published between the dates of July tenth (10th) and July thirtieth (30th) of each year.  The Municipal Clerk shall then file with the Commission proof of publication of said notice on or before February tenth (10th) of each year or August tenth (10th) of each year for Class C licenses.  Upon the conclusion of any hearing required by this section, the Governing Body may request a licensee to submit an application.  (Ref.  53-135, 53-135.01 RS Neb.)

§10-309   ALCOHOLIC BEVERAGES; MUNICIPAL POWERS AND DUTIES.  The Governing Body 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 licensees carried on within the corporate limits.  The Governing Body shall further have the power and duties in respect to licensed retailers of alcoholic beverages to cancel or revoke for cause retail or bottle club licenses to sell or dispense alcoholic liquors issued to persons for premises within its jurisdiction subject to the right of appeal to the Commission; 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; 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; to cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in section 10-323, 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; and to collect for the benefit of the State of Nebraska and the Municipality all license fees and occupation taxes as prescribed by law.  (Ref.  53-134 RS Neb.)         

§10-310   ALCOHOLIC BEVERAGES; OWNER OF PREMISES.  The owner of any premise used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the said licensee if the owner shall knowingly permit the licensee to use the said licensed premise in violation of any Municipal Code section or Nebraska Statute.  (Ref.  53-1,101 RS Neb.)

§10-311   ALCOHOLIC BEVERAGES; EMPLOYER.  The employer of any officer, director, manager, or employees working in a retail liquor establishment shall be held to be liable and guilty of any act of omission or violation of any law or ordinance, and each such act or omission shall be deemed and held to be the act of the employer, and will be punishable in the same manner as if the said act or omission had been committed by him personally.  (Ref.  53-1,102 RS Neb.)

§10-312   ALCOHOLIC BEVERAGES; MINORS AND INCOMPETENTS.  It shall be unlawful for any person or persons to sell, give away, dispose of, exchange, permit the sale of or make a gift of, any alcoholic liquors, or to procure any such alcoholic liquors to or for any minor, or to any person who is mentally incompetent.  (Ref.  53-180 RS Neb.)

§10-313   ALCOHOLIC BEVERAGES; CREDIT SALES.  No person shall sell or furnish alcoholic liquor at retail to any person or persons for credit of any kind, barter, or services rendered; Provided, nothing herein contained shall be construed to prevent any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members, or guests of members, and charged to the accounts of the said members or guests in accordance with the by-laws of any such club; and Provided further, nothing herein shall be construed to prevent any hotel or restaurant holding a retail alcoholic beverage license from permitting checks or statements for liquor to be signed by regular guests residing in the said hotel, and charged to the accounts of such guests.  (Ref.  53-183 RS Neb.)

§10-314   ALCOHOLIC BEVERAGES; SPIKING BEER.  It shall be unlawful for any person or persons who own, manage, or lease any premise in which the sale of alcoholic beverages is licensed, to serve or offer for sale any beer to which there has been added any alcohol, or permit any person or persons to add alcohol to any beer on the licensed premise of such licensee.  (Ref.  53-174 RS Neb.)    

§10-315   ALCOHOLIC BEVERAGES; ORIGINAL PACKAGE.  It shall be unlawful for any person or persons who own, manage, or lease any premise in which the sale of alcoholic beverages is licensed, to have in their possession for sale at retail any alcoholic liquor contained in casks, or other containers except in the original package.  Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale.  (Ref.  53-184 RS Neb.)          

§10-316   ALCOHOLIC BEVERAGES; HOURS OF SALE.  For the purposes of this section, "on sale" shall be defined as alcoholic beverages sold at retail by the drink for consumption on the premises of the licensed establishment.  "Off sale" shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.

It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the Municipality except during the hours provided herein:

                                                              HOURS OF SALE

Alcoholic Liquors (except beer and wine)     

Monday thru Friday

Off Sale .................6:00 A.M.  to 12:00 Midnight

On Sale  .................6:00 A.M.  to 12:00 Midnight

Saturday

Off Sale ...............6:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.                    

On Sale .................6:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.

Sundays

Off Sale ................9:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.

On Sale  ................9:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.

Beer and Wine

Monday thru Friday

Off Sale .................6:00 A.M.  to 12:00 Midnight

On Sale  .................6:00 A.M.  to 12:00 Midnight

Saturday & Sundays

Off Sale .................6:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.

On Sale  ................6:00 A.M. to 12:00 Midnight & 12:00 Midnight to 1:00 A.M.

     Provided that in addition to the above hours, a licensee may sell alcoholic liquors on January 1 of each year between the hour of twelve o'clock (12:00) Midnight and one o'clock (1:00) A.M.  

     No person or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises.

     Nothing in this section shall be construed to prohibit licensed premises from being open for business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this section.  (Ref.  53-179 RS Neb.)(Amended by Ord. 96-124)(Ord. 2012-105)

§10-317   ALCOHOLIC BEVERAGES; SANITARY CONDITIONS.  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 Governing Body 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 the said sanitary conditions shall be made at all hearings concerning the application for, or renewal of, a liquor license.  (Ref.  53-118 RS Neb.)

§10-318   ALCOHOLIC BEVERAGES; MUNICIPAL POLICE.  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 this Nebraska Liquor Control Act, 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.  (Ref.  53-134 RS Neb.)

§10-319   ALCOHOLIC BEVERAGES; NONPROFIT CORPORATIONS AND PRIVATE BOTTLE CLUBS.  Nonprofit corporations and private bottle clubs shall be regulated by the Municipality by all general alcoholic beverage provisions hereinbefore prescribed, in addition to those relating specifically to such establishments hereafter prescribed except where the same are in conflict with the general provisions for alcoholic beverage establishments and in that case, the section relating specifically to non-profit corporations or private bottle clubs shall prevail.  At the time of applying for its original license, a nonprofit corporation club shall file a list of its club members with the Municipal Clerk prior to, or at the time of, filing its application for a license hereunder.  Annually, when renewing its license, it shall file a certificate as to any revisions in such membership list. Such list shall be considered a public record and open for inspection by any residents of the Municipality at all reasonable times.  No minor shall be employed in the actual serving or dispersing of alcoholic liquors by any of the business establishments mentioned in this section.  Every person so employed by the licensee hereunder shall at all times have a valid State and Municipal health permit required to be held by persons handling food in a restaurant.  Likewise, the licensee shall have at all times a valid permit so required for a restaurant operator.  It shall be unlawful for any person operating any of the business establishments permitted herein to dispense alcoholic liquors from any source other than from a distributor duly licensed in Nebraska.  The business establishments mentioned in this section shall have at least twelve hundred (1200) square feet of space in the room where a bar is operated and no dancing shall be permitted in the bar area.  If such business establishment has also provided a dancing area in its establishment, it shall be additional to the area for the bar and such additional area shall be of a size of at least three thousand (3,000) square feet.

     No minors, incompetent or incapacitated person shall be permitted to enter upon said premises for any purpose unless accompanied by his or her parent, guardian, or a close relative responsible for said minor or incompetent and not then after nine o'clock (9:00) P.M.  of any day.          

§10-320   ALCOHOLIC BEVERAGES; INSPECTIONS.  It shall be the duty of the Governing Body to cause frequent inspections to be made on the premises of all retail and bottle club licensees.  If it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or regulations of the Nebraska Liquor Control Commission, or is failing to observe in good faith the purposes of said Act, the license may be suspended, canceled, or revoked after the licensee has been given an opportunity to be heard by the Governing Body.  (Ref.  53-146 RS Neb.)

§10-321   ALCOHOLIC BEVERAGES; CITIZEN COMPLAINTS.  Any five (5) residents of the Municipality shall have the right to file a complaint with the Governing Body stating that any retail or bottle club licensee, subject to the jurisdiction of the Governing Body, has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant thereto.  Such complaint shall be in writing in the form prescribed by the Governing Body 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 Governing Body 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 ten (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 Governing Body within thirty (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.  (Ref.  53-1,114 RS Neb.)          

§10-322 LIQUOR APPLICATION; RETAIL LICENSING STANDARDS; BINDING RECOMMENDATIONS This section was repealed (Ord. No. 95-114, 3/20/1995)

§10-323 ALCOHOLIC BEVERAGES; LIQUOR APPLICATION NOTICE; PROCEDURE This section was repealed (Ord. No. 95-114, 3/20/1995)

§10-324   ALCOHOLIC BEVERAGES; CATERING LICENSE (1) The holder of a Class C, Class D, or Class I license issued under subdivision (5)of section 53-124 RS Neb., or a craft brewer license, may obtain an annual catering license as prescribed in this section.  Any such licensee desiring to obtain a catering license shall file an application with the Liquor Control Commission.

(2) Upon receipt from the Commission of the notice and copy of the application as provided in section 53-124.12 RS Neb., the Governing Body shall fix a time and place at which a hearing will be held and at which the Governing Body shall receive evidence, under oath, either orally or in writing, from the applicant and any other person concerning the propriety of the issuance of such license.  The hearing shall be held not more than forty-five (45) days after the receipt of the notice from the Commission.  The Governing Body may examine or cause to be examined, under oath, any applicant; examine or cause to be examined the books and records of any such applicant; hear testimony; and take proof for its information in the performance of its duties.  For purpose of obtaining any of the information desired, the Governing Body may authorize its agent, the Municipal Clerk or the Municipal Attorney, to act on its behalf.

(3) Notice of the time and place of the hearing shall be published in a legal newspaper in or of general circulation in the Municipality one (1) time not less than seven (7) nor more than fourteen (14) days before the time of the hearing.  The notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the Governing Body in support of or in protest against the issuance of the license may do so at the time of the hearing.

(4) After the hearing, the Governing Body shall approve or deny the application within forty-five (45) days after receipt of the application from the Commission and shall cause to be spread at large in the minutes record of its proceedings a resolution approving or denying issuance of the license.  The Municipal Clerk shall thereupon mail or deliver to the Commission a copy of the resolution within ten (10) days of its adoption.

(5) Any resolution rendered by the Governing Body denying an application shall be in writing or stated in the record and shall be accompanied by findings.  The findings shall consist of concise statements of the conclusions upon each contested issue.  The applicant shall be notified of the decision in person or by mail.  A copy of the decision and order and accompanying findings shall be delivered or mailed to the applicant upon request.

(6) The Governing Body with respect to catering licensees within its corporate limits may cancel a catering license for cause for the remainder of the period for which the license is issued.  Any person whose catering license is canceled may appeal to the District Court.  (Ref. 53-124.12, 53-132, 53-134 RS Neb.)  (Ord. #97-131)

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