State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-124_11

53-124.11. Special designated license; issuance;procedure; fee.(1) The commission may issue a special designatedlicense for sale or consumption of alcoholic liquor at a designated locationto a retail licensee, a craft brewery licensee, a microdistillery licensee,a farm winery licensee, a municipal corporation, a fine arts museum incorporatedas a nonprofit corporation, a religious nonprofit corporation which has beenexempted from the payment of federal income taxes, a political organizationwhich has been exempted from the payment of federal income taxes, or any othernonprofit corporation the purpose of which is fraternal, charitable, or publicservice and which has been exempted from the payment of federal income taxes,under conditions specified in this section. The applicant shall demonstratemeeting the requirements of this subsection.(2) No retail licensee, craft brewery licensee, microdistillery licensee,farm winery licensee, organization, or corporation enumerated in subsection(1) of this section may be issued a special designated license under thissection for more than six calendar days in any one calendar year. Only onespecial designated license shall be required for any application for two ormore consecutive days. This subsection shall not apply to any holder of acatering license.(3) Except for any special designated license issued to a holder ofa catering license, there shall be a fee of forty dollars for each day identifiedin the special designated license. Such fee shall be submitted with the applicationfor the special designated license, collected by the commission, and remittedto the State Treasurer for credit to the General Fund. The applicant shallbe exempt from the provisions of the Nebraska Liquor Control Act requiring an application or renewal feeand the provisions of the act requiring the expiration of forty-five daysfrom the time the application is received by the commission prior to the issuanceof a license, if granted by the commission. The retail licensees, craft brewerylicensees, microdistillery licensees, farm winery licensees, municipal corporations,organizations, and nonprofit corporations enumerated in subsection (1) ofthis section seeking a special designated license shall file an applicationon such forms as the commission may prescribe. Such forms shall contain, alongwith other information as required by the commission, (a) the name of theapplicant, (b) the premises for which a special designated license is requested,identified by street and number if practicable and, if not, by some otherappropriate description which definitely locates the premises, (c) the nameof the owner or lessee of the premises for which the special designated licenseis requested, (d) sufficient evidence that the holder of the special designatedlicense, if issued, will carry on the activities and business authorized bythe license for himself, herself, or itself and not as the agent of any otherperson, group, organization, or corporation, for profit or not for profit,(e) a statement of the type of activity to be carried on during the time periodfor which a special designated license is requested, and (f) sufficient evidencethat the activity will be supervised by persons or managers who are agentsof and directly responsible to the holder of the special designated license.(4) No special designated license provided for by this section shallbe issued by the commission without the approval of the local governing body.The local governing body may establish criteria for approving or denying aspecial designated license. The local governing body may designate an agentto determine whether a special designated license is to be approved or denied.Such agent shall follow criteria established by the local governing body inmaking his or her determination. The determination of the agent shall be consideredthe determination of the local governing body unless otherwise provided bythe local governing body. For purposes of this section, the local governingbody shall be the city or village within which the premises for which thespecial designated license is requested are located or, if such premises arenot within the corporate limits of a city or village, then the local governingbody shall be the county within which the premises for which the special designatedlicense is requested are located.(5) If the applicant meets the requirements of this section, a specialdesignated license shall be granted and issued by the commission for use bythe holder of the special designated license. All statutory provisions andrules and regulations of the commission that apply to a retail licensee shallapply to the holder of a special designated license with the exception ofsuch statutory provisions and rules and regulations of the commission so designatedby the commission and stated upon the issued special designated license, exceptthat the commission may not designate exemption of sections 53-180 to 53-180.07.The decision of the commission shall be final. If the applicant does not qualifyfor a special designated license, the application shall be denied by the commission.(6) A special designated license issued by the commission shall be mailedor delivered to the city, village, or county clerk who shall deliver suchlicense to the licensee upon receipt of any fee or tax imposed by such city,village, or county. SourceLaws 1983, LB 213, § 9; Laws 1988, LB 490, § 5; Laws 1991, LB 344, § 27; Laws 1994, LB 1292, § 4; Laws 1996, LB 750, § 7; Laws 2000, LB 973, § 4; Laws 2006, LB 562, § 4; Laws 2007, LB549, § 8; Laws 2010, LB861, § 58.