§10-301   Falls City Code   §10-305

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 …………….12:00 Noon to 12:00 Midnight
& 12:00 Midnight to 1:00 A.M.
On Sale …………….12:00 Noon 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)
§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)