(a) It is hereby declared to be the policy of the City of Norfolk, Nebraska to adopt the policy of the Nebraska Legislature as set forth in Section 53-101.01 N.R.S. 1943, as the same may from time to time be amended, which is within the authority of the City of Norfolk, Nebraska to exercise as granted by the laws of the State of Nebraska.
(b) The mayor and city council shall only consider the criteria set forth in Section 53-134 (2) N.R.S. 1943, as the same is from time to time amended, regarding the issuance, renewal or revocation of all liquor licenses within the City of Norfolk, Nebraska. Those criteria being:
(1) The adequacy of existing law enforcement resources and services in the area;
(2) The recommendation of the police department or any other law enforcement agency;
(3) 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 onstreet and offstreet parking;
(4) Zoning restrictions and the local governing body's zoning and land use policies;
(5) Sanitation or sanitary conditions on or about the proposed licensed premises;
(6) The existence of a citizen's protest and similar evidence in support of or in opposition to the application;
(7) The existing population and projected growth within the jurisdiction of the local governing body and within the area to be served;
(8) The existing liquor licenses, the class of each such license, and the distance and times of travel between establishments issued such licenses;
(9) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located;
(10) Whether the type of business or activity proposed to be operated or presently operated in conjunction with the proposed license is and will be consistent with the public interest as declared in Section 53-101.01 N.R.S. 1943, as amended;
(11) Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Section 53-102 N.R.S. 1943, as amended;
(12) Whether the applicant has taken every reasonable precaution to protect against the possibility of shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which is reasonably secured;
(13) Whether the applicant is fit, willing, and able to properly provide the service proposed in conformance with all provisions and requirements of and rules and regulations adopted and promulgated pursuant to the Nebraska Liquor Control Act;
(14) 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 and requirements of and rules and regulations adopted and promulgated pursuant to the Nebraska Liquor Control Act;
(15) The background information of the applicant established by information contained in the public records of the Nebraska Liquor Control Commission and investigations conducted by law enforcement agencies;
(16) Past evidence of discrimination involving the applicant as evidenced by findings of fact before any administrative board or agency of the local governing body, any other governmental board or agency of the local governing body, any other governmental unit, or any court of law;
(17) Whether the applicant or the applicant's representative suppressed any fact or provided any inaccurate information to the Nebraska Liquor Control Commission or local governing body in regard to the license application or liquor investigations. The applicant shall be required to cooperate in providing a full disclosure to the investigating agents of the local governing body;
(18) Proximity of and impact on schools, hospitals, libraries, parks, and other public institutions;
(19) Whether activities proposed to be conducted on the licensed premises or in adjacent related outdoor areas will create unreasonable noise or disturbance; and
(20) Compliance with state laws, liquor rules and regulations, municipal ordinance and regulations and whether or not the 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 has forfeited bond to appear in court to answer charges for violating any law or ordinance relating to alcoholic liquor.
Source: Ord. No. 3093, § 2, 10-4-82; Ord. No. 3403, § 1, 5-19-86; Ord. No. 3425, § 1, 9-2-86; Ord. No. 3654, § 3, 6-19-89
Editor's note--Ord. No. 3654, § 3, adopted June 19, 1989, renumbered § 3-5 as § 3-28 and amended the same to read as herein set out. See the Code Comparative Table for a detailed analysis of inclusion of Ord. No. 3654.