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  309 N 5th St
Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 3

ALCOHOLIC BEVERAGES*

*Cross reference--Disposition of contraband alcoholic beverages, § 20-5.

State law reference--Nebraska Liquor Control Act, R.R.S. 1943, 53-101 et seq.

   
Art.    I. In General §§ 3-1--3-25
Art.   II. License, §§ 3-26--3-44
   

ARTICLE I.  IN GENERAL

Sec. 3-1.  Definitions. 

 

Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following definitions:

 

Alcohol shall mean the product of distillation of any fer­mented liquor, whether rectified or diluted, whatever may be the origin thereof, and the term includes synthetic ethyl alcohol.  It does not include denatured alcohol or wood alcohol.

 

Alcoholic liquors shall include alcohol, spirits, wine, beer, and every other liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being.  The provisions of this chapter shall not apply to:

 

(1)        Alcohol used in the manufacture of denatured alcohol pro­duced in accordance with acts of Congress and regulations promulgated thereunder;

 

(2)        Flavoring extracts, syrups, medicinal, mechanical, scien­tific, culinary, or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquors used in the manufacture, preparation, or compound­ing of such products;

 

(3)        Wine intended for use and used by any church or religious organization for sacramental purposes; or,

 

(4)        Any beverage with less than five-tenths of one (0.5) percent of alcohol by volume.

 

Beer shall mean a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, hops in water and shall include, among other things, beer, ale, stout, lager beer, porter, and the like.  Beer shall not include any bever­age with less than five-tenths of one (0.5) percent of alcohol by volume.

 

Cancel shall mean to discontinue all rights and privileges of a liquor license.

 

Club shall mean a corporation organized under the laws of this state, nor for pecuniary profit, solely for the promo­tion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a suf­ficient number of servants and employees for cooking, pre­paring, and serving food and meals for its members and their guests; provided, that such club files with the clerk at the time of its application for a license under the Nebraska Liquor Control Act two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional members his name and address; and provided further, that its affairs and manage­ment are conducted by a board of directors, executive com­mittee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent, or em­ployee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club, or the members of the club or its guests introduced by members, and that no member, officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribu­tion or sale of alcoholic liquor to the club or the members of the club or the members of the club's guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.

 

Commission shall mean the Nebraska Liquor Control Com­mission.

 

Distributor, distributorship, wholesaler, or jobber shall mean the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquors for sale or resale to retailers licensed under the Nebraska Liquor Control Act, whether the business of the distributor, distributorship, wholesaler, or jobber is conducted under the terms of a franchise or any other form of an agreement with a manufacturer or manufacturers, or has caused alcoholic liquors to be imported into the state or purchased in the state from a manufacturer or manufacturers and was licensed to conduct such a business by the commission on May 1, 1970, or has been so licensed since that date.

 

Hotel shall mean every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or resi­dential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building in connection therewith and such building or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.

 

Manufacture shall mean to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in this chapter to serve drinks for consumption on the premises where sold.

 

Manufacturer shall mean every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alco­holic liquors as herein defined, including a wholly owned affiliate or duly authorized agent for a manufacturer.

 

Minor shall mean an person, male or female, under twenty-one (21) years of age, regardless of marital status.

 

Nonbeverage user shall mean every manufacturer of any of the products set forth and described in subsection (9) of section 53-160 of the Nebraska Liquor Control Act, when the same contains alcohol, and all laboratories and hospitals and sanatoria using alcohol for nonbeverage purposes.

 

Original package shall mean any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.

 

Restaurant shall mean any public place kept, used, main­tained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a suf­ficient number and kind of employees to prepare, cook, and serve suitable food for its guests.

 

Retailer shall mean a person who sells, or offers for sale, alcoholic liquors for use and consumption and not for resale in any form.

 

Revoke shall mean to permanently void and recall all rights and privileges of a liquor license.

 

Sale shall mean any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee.

 

Sell at retail and sale at retail refer to and shall mean sales for use or consumption and not for resale in any form.

 

Spirits shall mean any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

 

Suspend shall mean to cause a temporary interruption of all rights and privileges of a liquor license.

 

To sell includes to solicit or receive an order for, to keep or expose for sale and/or to keep with intent to sell.

 

Wine shall mean any alcoholic beverage obtained by the fer­mentation of the natural contents of fruits or vegetables, contain­ing sugar, including such beverages when fortified by the addi­tion of alcohol or spirits.  Wine shall not include any beverage with less than five-tenths of one (0.5) percent of alcohol by volume. 

 

Source: Code 1962, § 5-15-1; Ord. No. 3598, § 1, 11-7-88

State law reference--Similar provisions, R.R.S. 1943, 53-103.

 

Sec. 3-2.  Right of entry of officials.

 

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 to determine whether any of the provisions of such chapter or of this chapter, or any rules or regulations adopted by the city or by the commission have been or are being violated and at such time to examine sufficiently the premises of the lic­ensee in connection therewith.  It shall be unlawful for any person to refuse, impede, impair, resist or in any way interfere with any police officer of the city who is, at any time, entering upon any premises as aforesaid for the purposes set forth in this section. 

 

Source: Code 1962, § 5-15-14

State law reference--Similar provisions, R.R.S. 1943, 53-134.

 

Sec. 3-3.  Unlawful possession.

 

(a)   It shall be unlawful for any person to have possession of any alcoholic liquors which shall have been acquired otherwise than from a licensee duly licensed to sell same to such person under the provisions of the Nebraska Liquor Control Act.

 

(b)   Nothing herein contained shall prevent:

 

(1)       The possession and transportation of alcoholic liquor for the personal use of the possessor, his family and guests;

 

(2)       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 the maker, his or her family and guests;

 

(3)       Any duly licensed practicing physician or dentist from pos­sessing or using alcoholic liquor in the strict practice of his profession, or any hospital or other institution caring for the sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution, or any drug store em­ploying a licensed pharmacist from possessing or using alcoholic liquors in the compounding of prescriptions of duly licensed physicians;

 

(4)       The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church;

 

(5)       Persons who are sixteen (16) years old or older from car­rying beer from grocery stores when they are accompanied by a person not a minor;

 

(6)       Persons who are sixteen (16) years old or older from han­dling beer containers and beer in the course of their em­ployment in grocery stores;

 

(7)       Persons who are sixteen (16) years or older from removing and disposing of alcoholic liquor containers for the conve­nience of the employer and customers in the course of their employment as waiters, waitresses, or busboys, by any res­taurant, club, hotel, or similar organization;

 

(8)       Persons who are nineteen (19) years or older from serving or selling liquor in the course of their employment. 

 

Source: Code 1962, § 5-15-12; Ord. No. 3654, § 1, 6-19-89; Ord. No. 4026, § 1, 5-16-94

State law reference--Similar provisions, R.R.S. 1943, 53-175, 53-102.

 

Sec. 3-4.  Minors and incompetents.

 

(a)   No person shall sell or give any alcoholic liquor to, or procure any such liquor for, or permit the sale or gift of any liquor to, or the procuring of any 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 liquor.  No minor shall purchase, attempt to purchase or other­wise procure, consume or have in his possession any alcoholic liquor, except that a minor may possess or have physical control of alcoholic liquor in his permanent place of residence.  No minor shall misrepresent his age for the purpose of obtaining alcoholic liquor.

 

(b)   No licensee under the Nebraska Liquor Control Act shall allow or permit any minor to loiter on the premises of such lic­ensee. 

 

Source: Code 1962, §§ 5-15-3, 6-1-7; Ord. No. 3654, § 2, 6-19-89

State law reference--Similar provisions, R.R.S. 1943, 53-180, 53-180.01, 53-­180.02.

 

Sec. 3-5.  Hours of sale on Sunday.

 

(a)  Consumption off the premises.

 

(1)       No person shall sell for consumption off the premises where sold, alcoholic liquors, including beer and wine, in the City of Norfolk, on the first day of the week, commonly called Sunday between the hours of 6:00 a.m., Sunday and 12:00 noon, Sunday.  Alcoholic liquor, including beer and wine, may be sold for consumption off the premises where sold, on the first day of the week, commonly called Sunday, between the hours of 12:00 noon, Sunday and 1:00 a.m., Monday.

 

(b)  Consumption on the premises.

 

(1)       Alcoholic liquors.  No alcoholic liquors for consumption on the premises, shall be sold at retail or dispensed on the first day of the week, commonly called Sunday, between the hours of 1:00 a.m., Sunday and 12:00 noon, Sunday.  Alcoholic liquors for consumption on the premises, may be sold at retail or dispensed between the hours of 12:00 noon, Sunday and 1:00 a.m., Monday.

 

(2)       Beer and wine.  No beer or wine for consumption on the premises shall be sold at retail or dispensed on the first day of the week, commonly called Sunday, between the hours of 1:00 a.m., Sunday and 11:00 a.m., Sunday.  Beer and wine for consumption on the premises may be sold at retail or dispensed between the hours of 11:00 a.m., Sunday and 1:00 a.m., Monday. 

 

Source: Code 1962, § 5-15-4; Ord. No. 3001, § 1, 7-20-81; Ord. No. 3032, § 1, 12-21-81; Ord. No. 3140, § 1, 6-20-83; Ord. No. 3254, § 1, 10­1-84; Ord. No. 3654, § 4, 6-19-89; Ord. No. 4505, § 1, 12-18-00; Ord. No. 4544, § 1, 9-4-01; Ord. No. 5104, § 1, 2-1-10

State law reference--Hours of sale, R.R.S. 1943, 53-179.

 

Sec. 3-6. Reserved.

 

Editor’s note--Ord. No. 3403, § 2, adopted May 19, 1986, repealed § 3-7 in its entirety.  Former § 3-7 was concerned with prohibiting the retail sales of alcoholic liquor in conjunction with retail businesses, and derived from the Code of 1962, § 5-15-20; and Ord. No. 3093, § 1, adopted October 4, 1982.  Subsequently, Ord. No. 3654, § 4, adopted June 19, 1989, renumbered § 3-7 as § 3-6.

 

Sec. 3-7.  Special provisions for premises licensed for beer only.

 

It shall be unlawful for any beer only licenses under the Ne­braska Liquor Control Act to sell, or offer for sale any beer or other beverage to which has been added any alcohol, or to permit any person to add any alcohol to any beer or other beverage on the premises of such licensee; and no person shall drink any alcoholic beverage, other than beer, on the premises of such licensee.

 

Source: Code 1962, § 5-15-6; Ord. No. 3654, § 4, 6-19-89

State law reference--Similar provisions, R.R.S. 1943, 53-174.

 

Sec. 3-8.  Sale from original package only.

 

It shall be unlawful for any person to have in his possession for sale at retail any alcoholic liquors contained in bottles, casks or other containers except the original package. 

 

Source: Code 1962, § 5-15-9; Ord. No. 3654, § 4, 6-19-89

State law reference--Similar provisions, R.R.S. 1943, 53-184.

 

Sec. 3-9.  Nonbeverage users.

 

No nonbeverage user shall sell, give away or otherwise dispose of any alcohol, purchased under a license as such nonbeverage user, in any form fit for beverage purposes. 

 

Source: Code 1962, § 5-15-11; Ord. No. 3654, § 4, 6-19-89

State law reference--Similar provisions, R.R.S. 1943, 53-187.

 

Sec. 3-10.  Liquor in restaurants; restrictions.

 

It shall be unlawful for any person to add any alcohol, brandy, rum, whiskey, gin, or other spirituous liquor, to any beer or other beverage, on or in the premises of any restaurant, cafe, or place of business where food or soft drinks are sold for consumption on the premises; and it shall be unlawful for any person conducting a restaurant, cafe, or place of business where food or soft drinks are sold for consumption on the premises, or his employees, to permit any person to add alcohol, brandy, rum, whiskey, gin, or other spirituous liquor, to any beer or other beverage on or in the premises of such place of business; provided, however, that the foregoing provisions of this section shall not apply to places of business wherein alcoholic liquor is sold pursuant to a Class C, I, or J license issued by the Nebraska Liquor Control Commission. 

 

Source: Code 1962, § 5-15-17; Ord. No. 3654, §§ 4, 6, 6-19-89

 

Sec. 3-11.  Where consumption unlawful.

 

It shall be unlawful for any person to consume alcoholic liquors on property owned by the state or any governmental subdivision thereof, or inside vehicles while upon the public streets, unless authorized by the governing body having jurisdiction over the same, except for the grounds of the Elkhorn Lodge, located within the boundaries of Ta Ha Zouka Park; provided, however, the use of said cabin shall not be authorized without first having obtained a lease for the use of said cabin prior to the time that alcoholic liquors are being consumed. 

 

Source: Code 1962, § 5-15-8; Ord. No. 2989, § 1, 5-18-81; Ord. No. 2994, § 1, 7-6-81; Ord. No. 3090, 1, 9-20-82; Ord. No. 3654, § 4, 6-19-89; Ord. No. 5310, § 1, 8-18-14

State law reference--Similar provisions, R.R.S. 1943, 53-186.

 

Sec. 3-12.  Responsibilities of owners 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, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment.

 

Source: Code 1962, § 5-15-13; Ord. No. 3654, § 4, 6-19-89

State law reference--Similar provisions, R.R.S. 1943, 53-1,101.

 

Sec. 3-13.  Open containers prohibited.

 

(a)   It shall be unlawful for any person to transport any alcoholic liquor in an opened container in a motor vehicle upon any street, highway, alley, road, municipal parking area, public parking area,  or upon property owned by any governmental subdivision, unless the package or container is locked in the rear trunk or rear compartment of the vehicle.  An opened container shall include any package or container where the original seal of the package or container has been broken.

 

(b)   It shall be unlawful for any person to possess any alcoholic liquor in an opened container upon any street, highway, alley, road, municipal parking area, public parking area, or upon property owned by any governmental subdivision.  An opened container shall include any package or container where the original seal of the package or container has been broken.

 

(c)   This section shall not be applicable to the following:

 

(1)    On the grounds of the Elkhorn Lodge located within the boundaries of Ta-Ha-Zouka Park; or

 

(2)    Where open alcoholic containers have been authorized by the governing body having jurisdiction over the affected property; or

 

(3)    Persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service.  Such passengers may possess open alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this state if the (a) driver of the limousine or bus is prohibited from consuming alcoholic liquor and (b) alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.

 

Source: Ord. No. 4127, § 1, 10-2-95; Ord. No. 5310, § 2, 8-18-14

 

 

ARTICLE II.  LICENSE

Sec. 3-26.  Required.

 

It shall be unlawful for any person to manufacture for sale, sell, keep for sale or to barter, or exchange, under any pretext, any alcoholic liquor within the city unless said person shall have in full force and effect a license therefor as provided by the Nebraska Liquor Control Act. 

 

Source: Code 1962, § 5-15-2

 

Sec. 3-27.  Occupation tax.

 

(a)   For the purpose of raising revenue within the city, there is hereby levied upon the following described businesses conducted within the city, the following designated occupation tax:

 

(1)   Manufacturer of alcohol and spirits $2,000.00
State law reference--R.R.S. 1943 § 53-124(1)
(2)   Manufacturer of beer Same amount as license

State law reference--Class V licenses, R.R.S. 1943, § 53-124(2)(a)

(3)   Manufacturer of wine $500.00
State law reference--R.R.S. 1943, § 53-124(2)(c)
(4)   Alcoholic liquors distributor 1,500.00
State law reference--R.R.S. 1943, § 53-124(3)
(5)   Beer distributor 1,000.00
State law reference--R.R.S. 1943, § 53-124(4)
(6)   Retailer of beer only, for consumption on the premises 200.00
State law reference--Class A license, R.R.S. 1943, § 53-124(5)(a)
(7)   Retailer of beer only, for consumption off the premises 200.00
State law reference--Class B license, R.R.S. 1943, § 53-124(5)(b)
(8)   Retailer of alcoholic liquors for consumption on the premises and off the premises 600.00
State law reference--Class C license, R.R.S. 1943, § 53-124(5)(c)
(9)   Retailer of alcoholic liquors for consumption off the premises 400.00
State law reference--Class D license, R.R.S. 1943, § 53-124(5)(d)
(10)   Retailer of alcoholic liquors for consumption on the premises 500.00
State law reference--Class I license, R.R.S. 1943, § 53-124(5)(e)
(11)   Special designated permit, per day 80.00
State law reference--R.R.S. 1943, § 53-124.11
(12)   Nonbeverage user:
State law reference--R.R.S. 1943, § 53-124(8)
a.         Class 1 10.00
b.         Class 2 50.00
c.         Class 3 100.00
d.         Class 4 200.00
e.         Class 5 500.00
(13)   Catering Permit for Class C, D or I licensees 200.00
(14)   Bottle club 500.00
State law reference--R.R.S. 1943, § 53-124(5)(e)

 

(b)    During the license year, no occupation tax shall be levied for a sum less than the amount of the annual occupation tax as fixed in this section, regardless of the time when an application for a license has been made, except that (a) when there is a purchase of an existing licensed business and a new license of the same class is issued or (b) upon the issuance of a new license for a location which has not been previously licensed, the occupation taxes shall be prorated on a quarterly basis as of the date of issuance of the license.

 

(c)   Such occupation tax shall be paid to the treasurer for the benefit of the general fund immediately after the final issuance or renewal of a license under the Nebraska Liquor Control Act for any such business. 

 

Source: Code 1962, § 5-15-16; Ord. No. 3012, §§ 1-3, 10-5-81; Ord. No. 3058, § 1(6), 3-1-82; Ord. No. 3209, § § 7, 8, 5-7-84; Ord. No. 3598, § 2, 11-7-88; Ord. No. 3604, § 1, 11-7-88; Ord. No. 3697, §§ 1, 2, 3-19-90; Ord. No. 4559, § 1, 10-15-01; Ord. No. 4786, § 1, 04-04-05; Ord. No. 5106, § 1, 2-16-10

State law reference--Occupation tax authorized, R.R.S. 1943, 53-124, 53-160.

 

Sec. 3-28.  Consideration to be given applicants for liquor licenses.

 

(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.

 

Sec. 3-29.  Procedure for handling liquor license applications.

 

(a)   Upon receipt of notification by the Nebraska Liquor Control Commission that an application for a liquor license within the City of Norfolk has been applied for, the city clerk shall prepare a letter of no recommendation and cause the same to be placed on a city council agenda and, after approval by the mayor and city council, the city clerk shall send the letter of no recommendation to the Nebraska Liquor Control Commission.  The city clerk shall further provide notification of the liquor license application to the chief of police for investigative purposes. 

 

Source: Ord. No. 3399, §§ 2-6, 5-5-86; Ord. No. 3469, § 1, 4-20-87; Ord. No. 3513, § 1, 11-2-87; Ord. No. 3598, § 3, 11-7-88; Ord. No. 3654, §§ 5, 7, 6-19-89; Ord. No. 5038, § 1, 10-20-08

Subsequently, Ord. No. 3654, § 5, adopted June 19, 1989, renumbered § 3-28 as § 3-29, and § 7 of the same ordinance amended the same to read as herein set out.

 

Sec. 3-30.  Display.

 

Every licensee under the Nebraska Liquor Control Act shall cause his license to be hung in plain public view in a conspicuous place on the license premises.

 

Source: Code 1962, § 5-15-10; Ord. No. 3058, § 1(7), 3-1-82; Ord. No. 3654, § 5, 6-19-89

State law reference-Similar provisions, R.R.S. 1943, 53-148.

 

Sec. 3-31.  Cancellation for failure to conduct business.

 

Any alcoholic liquor licensee whose licensed premises shall be and remain voluntarily closed for a total of thirty (30) continuous days or sixty (60) total days shall be deemed to have elected to discontinue his business under such license and the chief of police shall notify the commission that said license is subject to an order of the commission that the licensee show cause why the license should not be canceled for non-use, or recommend its cancella­tion by the commission; provided, however, that this shall not apply if the licensee shall make application to the council within such ten (10) day period for permission, for good cause, to remain closed for a definite period, and provided the council shall grant such permission; and provided further, that this section shall not apply in case the licensee's place of business remains closed as a result of the licensee's physical disability or as a result of closing for necessary alterations or repairs.

 

Source: Code 1962, § 5-15-24; Ord. No. 3654, § 5, 6-19-89

State law reference-Power of city to so provide, R.R.S. 1943, 53-134.  See also Rule 21, Nebraska Liquor Control Commission.

 

Sec. 3-32.  Revocation and suspension of liquor license.

 

A retail license to sell alcoholic liquors, which this council is legally empowered to revoke, may be either revoked or suspended by the city council whenever it shall find, after notice and hear­ing as provided by law that the holder of any such license has violated any of the provisions of said Nebraska Liquor Control Act or of this chapter, or rule or regulation of the Nebraska Liquor Control Commission, or any statutory provision or ordi­nance of the city now existing or hereafter passed, enacted in the interest of good morals and decency; or for any one or more of the following causes:

 

(a)   It shall be cause for revocation or suspension as herein provided if the licensee, his manager or agent, shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear in any licensed premises in a 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.

 

(b)   For the purposes of this chapter, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast includ­ing the nipple or any portion below the nipple with less than a full opaque covering.

 

(c)   Any place where alcoholic liquor is sold in violation of the provisions of the Nebraska Liquor Control Act or of this chapter, is hereby defined to be a nuisance and may be abated and suppressed after charges are made by the council and a hearing has thereon, pursuant to reasonable notice by registered or certified mail to the parties charged with maintaining such nuisance by any manner authorized by law or in equity. 

 

Source: Ord. No. 3373, § 1, 1-6-86; Ord. No. 3654, § 5, 6-19-89

 

Sec. 3-33.  Removed by Ordinance No. 5038.

 

Source: Ord. No. 3623, § 1, 2-6-89; Ord. No. 3653, § 1, 6-19-89; Ord. No. 5038, § 2, 10-20-08

Editor's note-Ord. No. 3623, § 1, adopted Feb. 6, 1989, did not specifically amend the Code; hence inclusion herein as § 3-33 was at the discretion of the editor.

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us 

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