State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-177

53-177. Sale at retail; restrictions as tolocality.(1) Except as otherwise provided in subsection(2) of this section, no license shall be issued for the sale atretail of any alcoholic liquor within one hundred fifty feet of any church, school, hospital,or home for aged or indigent persons or for veterans, their wives or children.This prohibition does not apply (a) to any location within such distance ofone hundred fiftyfeet for which a license to sell alcoholic liquor at retail has been grantedby the Nebraska Liquor Control Commission for two years continuously priorto making of application for license and (b) to hotels offering restaurantservice, to regularly organized clubs, or to restaurants, food shops, or otherplaces where sale of alcoholic liquor is not the principal business carriedon, if such place of business so exempted was established for such purposesprior to May 24, 1935.(2) If a proposed locationfor the sale at retail of any alcoholic liquor is within one hundred fiftyfeet of any church, a license may be issued if the commission gives noticeto the affected church and holds a hearing as prescribed in section 53-133.(3) No alcoholic liquor, otherthan beer, shall be sold for consumption on the premises within three hundredfeet from the campus of any college or university in the state, except thatthis section:(a) Does not prohibit a nonpublic college or university from contractingwith an individual or corporation holding a license to sell alcoholic liquorat retail for the purpose of selling alcoholic liquor at retail on the campusof such college or university at events sanctioned by such college or universitybut does prohibit the sale of alcoholic liquor at retail by such licenseeon the campus of such nonpublic college or university at student activitiesor events; and(b) Does not prohibit sales of alcoholic liquor by a community collegeculinary education program pursuant to section 53-124.15. SourceLaws 1935, c. 116, § 35, p. 399; C.S.Supp.,1941, § 53-335; R.S.1943, § 53-177; Laws 1947, c. 189, § 2, p. 626; Laws 1965, c. 322, § 1, p. 914; Laws 1999, LB 267, § 13; Laws 2009, LB232, § 3; Laws 2010, LB861, § 76.AnnotationsThe plain, ordinary, and popular meaning of the word "church" includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominantly for the honor of God and religion, and a place where persons regularly assemble for worship. A building which is used predominantly for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue, or a temple. City of Omaha v. Kum & Go, 263 Neb. 724, 642 N.W.2d 154 (2002).Distance between church and place where intoxicating liquor is sold is measured in a straight line between the nearest walls of the two buildings. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-177

53-177. Sale at retail; restrictions as tolocality.(1) Except as otherwise provided in subsection(2) of this section, no license shall be issued for the sale atretail of any alcoholic liquor within one hundred fifty feet of any church, school, hospital,or home for aged or indigent persons or for veterans, their wives or children.This prohibition does not apply (a) to any location within such distance ofone hundred fiftyfeet for which a license to sell alcoholic liquor at retail has been grantedby the Nebraska Liquor Control Commission for two years continuously priorto making of application for license and (b) to hotels offering restaurantservice, to regularly organized clubs, or to restaurants, food shops, or otherplaces where sale of alcoholic liquor is not the principal business carriedon, if such place of business so exempted was established for such purposesprior to May 24, 1935.(2) If a proposed locationfor the sale at retail of any alcoholic liquor is within one hundred fiftyfeet of any church, a license may be issued if the commission gives noticeto the affected church and holds a hearing as prescribed in section 53-133.(3) No alcoholic liquor, otherthan beer, shall be sold for consumption on the premises within three hundredfeet from the campus of any college or university in the state, except thatthis section:(a) Does not prohibit a nonpublic college or university from contractingwith an individual or corporation holding a license to sell alcoholic liquorat retail for the purpose of selling alcoholic liquor at retail on the campusof such college or university at events sanctioned by such college or universitybut does prohibit the sale of alcoholic liquor at retail by such licenseeon the campus of such nonpublic college or university at student activitiesor events; and(b) Does not prohibit sales of alcoholic liquor by a community collegeculinary education program pursuant to section 53-124.15. SourceLaws 1935, c. 116, § 35, p. 399; C.S.Supp.,1941, § 53-335; R.S.1943, § 53-177; Laws 1947, c. 189, § 2, p. 626; Laws 1965, c. 322, § 1, p. 914; Laws 1999, LB 267, § 13; Laws 2009, LB232, § 3; Laws 2010, LB861, § 76.AnnotationsThe plain, ordinary, and popular meaning of the word "church" includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominantly for the honor of God and religion, and a place where persons regularly assemble for worship. A building which is used predominantly for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue, or a temple. City of Omaha v. Kum & Go, 263 Neb. 724, 642 N.W.2d 154 (2002).Distance between church and place where intoxicating liquor is sold is measured in a straight line between the nearest walls of the two buildings. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-177

53-177. Sale at retail; restrictions as tolocality.(1) Except as otherwise provided in subsection(2) of this section, no license shall be issued for the sale atretail of any alcoholic liquor within one hundred fifty feet of any church, school, hospital,or home for aged or indigent persons or for veterans, their wives or children.This prohibition does not apply (a) to any location within such distance ofone hundred fiftyfeet for which a license to sell alcoholic liquor at retail has been grantedby the Nebraska Liquor Control Commission for two years continuously priorto making of application for license and (b) to hotels offering restaurantservice, to regularly organized clubs, or to restaurants, food shops, or otherplaces where sale of alcoholic liquor is not the principal business carriedon, if such place of business so exempted was established for such purposesprior to May 24, 1935.(2) If a proposed locationfor the sale at retail of any alcoholic liquor is within one hundred fiftyfeet of any church, a license may be issued if the commission gives noticeto the affected church and holds a hearing as prescribed in section 53-133.(3) No alcoholic liquor, otherthan beer, shall be sold for consumption on the premises within three hundredfeet from the campus of any college or university in the state, except thatthis section:(a) Does not prohibit a nonpublic college or university from contractingwith an individual or corporation holding a license to sell alcoholic liquorat retail for the purpose of selling alcoholic liquor at retail on the campusof such college or university at events sanctioned by such college or universitybut does prohibit the sale of alcoholic liquor at retail by such licenseeon the campus of such nonpublic college or university at student activitiesor events; and(b) Does not prohibit sales of alcoholic liquor by a community collegeculinary education program pursuant to section 53-124.15. SourceLaws 1935, c. 116, § 35, p. 399; C.S.Supp.,1941, § 53-335; R.S.1943, § 53-177; Laws 1947, c. 189, § 2, p. 626; Laws 1965, c. 322, § 1, p. 914; Laws 1999, LB 267, § 13; Laws 2009, LB232, § 3; Laws 2010, LB861, § 76.AnnotationsThe plain, ordinary, and popular meaning of the word "church" includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominantly for the honor of God and religion, and a place where persons regularly assemble for worship. A building which is used predominantly for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue, or a temple. City of Omaha v. Kum & Go, 263 Neb. 724, 642 N.W.2d 154 (2002).Distance between church and place where intoxicating liquor is sold is measured in a straight line between the nearest walls of the two buildings. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).