State Codes and Statutes
Statutes > Nebraska > Chapter53 > 53-13153-131. Retail, craftbrewery, and microdistillery licenses; application; fees; notice of applicationto city, village, or county;renewal; fee.(1) Any person desiring to obtaina new license to sell alcoholic liquor at retail, a craft brewery license,or a microdistillery license shall file with the commission:(a) An application in triplicate original upon forms the commissionprescribes, including the information required by subsection (3) of this sectionfor an application to operate a cigar bar;(b) The license fee if under sections 53-124 and 53-124.01 such fee ispayable to the commission, which fee shall be returned to the applicant ifthe application is denied; and(c) The nonrefundable application feein the sum of four hundred dollars, except that the nonrefundable applicationfee for an application for a cigar bar shall be one thousand dollars.(2) The commission shall notify, by registered or certified mail, returnreceipt requested with postage prepaid, (a) the clerk of the city or villagein which such license is sought or (b) if the license sought is not soughtwithin a city or village, the county clerk of the county in which such licenseis sought, of the receipt of the application and shall enclose one copy ofthe application with the notice. No such license shall be issued or deniedby the commission until the expiration of the time allowed for the receiptof a recommendation of denial or an objection requiring a hearing under subdivision(1)(a) or (b) of section 53-133. During the period of forty-five days afterthe date of receiving such application from the commission, the local governingbody of such city, village, or county may make and submit to the commissionrecommendations relative to the granting or refusal to grant such licenseto the applicant.(3) For an application to operate a cigar bar, the application shallinclude proof of the cigar bar's annual gross revenue as requested by thecommission and such other information as requested by the commission to establishthe intent to operate as a cigar bar. The commission may adopt and promulgaterules and regulations to regulate cigar bars.(4) For renewal of alicense under this section, a licensee shall file with the commission an application,the license fee as provided in subdivision (1)(b) of this section, and a renewalfee of forty-five dollars. SourceLaws 1935, c. 116, § 82, p. 417; C.S.Supp.,1941, § 53-382; R.S.1943, § 53-131; Laws 1955, c. 203, § 1, p. 580; Laws 1959, c. 249, § 6, p. 866; Laws 1976, LB 413, § 1; Laws 1980, LB 848, § 7; Laws 1982, LB 928, § 42; Laws 1983, LB 213, § 12; Laws 1984, LB 947, § 2; Laws 1986, LB 911, § 3; Laws 1988, LB 550, § 1; Laws 1988, LB 1089, § 13; Laws 1989, LB 781, § 9; Laws 1991, LB 202, § 4; Laws 1991, LB 344, § 34; Laws 1993, LB 183, § 11; Laws 1996, LB 750, § 9; Laws 1999, LB 267, § 8; Laws 2000, LB 973, § 6; Laws 2001, LB 278, § 7; Laws 2004, LB 485, § 20; Laws 2007, LB549, § 11; Laws 2009, LB355, § 4; Laws 2010, LB861, § 65.AnnotationsThe portion of this section amended by 1986 Neb. Laws, L.B. 911, is declared unconstitutional. Bosselman, Inc. v. State, 230 Neb. 471, 432 N.W.2d 226 (1988).Failure to obtain approval to relocate a license pursuant to section 53-129, R.R.S.1943 does not mean that another license may not be sought under this section. City of Lincoln v. Nebraska Liquor Control Comm., 208 Neb. 630, 304 N.W.2d 922 (1981).City council's resolution approving applicant's request for Class C license includes, by implication, a recommendation for a Class D license. Winkelmann v. Nebraska Liquor Control Commission, 198 Neb. 481, 253 N.W.2d 307 (1977).Applications to provide license were properly filed under this section. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).Application for package liquor license was properly made to Liquor Control Commission. Allen v. Nebraska Liquor Control Commission, 179 Neb. 767, 140 N.W.2d 413 (1966).This section provides for the issuance of a license to sell alcoholic liquor including beer at retail, and is controlling over another section declaring public policy in favor of separate sale. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).
