State Codes and Statutes
Statutes > Nebraska > Chapter53 > 53-12553-125. Classes of persons to whom no licenseissued.No license of any kind shall be issued to (1) a personwho is not a resident of Nebraska, except in case of railroad, airline, orboat licenses, (2) a person who is not of good character and reputation inthe community in which he or she resides, (3) a person who is not a citizenof the United States, (4) a person who has been convicted of or has pleadedguilty to a felony under the laws of this state, any other state, or the UnitedStates, (5) a person who has been convicted of or has pleaded guilty to anyClass I misdemeanor pursuant to Chapter 28, article 3, 4, 7, 8, 10, 11, or12, or any similar offense under a prior criminal statute or in another state,except that any additional requirements imposed by this subdivision on May18, 1983, shall not prevent any person holding a license on such date fromretaining or renewing such license if the conviction or plea occurred priorto May 18, 1983, (6) a person whose license issued under the Nebraska LiquorControl Act has been revoked for cause, (7) a person who at the time of applicationfor renewal of any license issued under the act would not be eligible forsuch license upon initial application, (8) a partnership, unless one of thepartners is a resident of Nebraska and unless all the members of such partnershipare otherwise qualified to obtain a license, (9) a limited liability company, ifany officer or director of the limited liability company or any member havingan ownership interest in the aggregate of more than twenty-five percent ofsuch company would be ineligible to receive a license under this section forany reason other than the reasons stated in subdivisions (1) and (3) of thissection, or if a manager of a limited liability company licensee would beineligible to receive a license under this section for any reason, (10)a corporation, if any officer or director of the corporation or any stockholder owningin the aggregate more than twenty-five percent of the stock of such corporationwould be ineligible to receive a license under this section for any reasonother than the reasons stated in subdivisions (1) and (3) of this section, or if a manager of a corporate licensee would be ineligible to receive a licenseunder this section for any reason. This subdivision shall notapply to railroad licenses, (11) a person whose place of business is conductedby a manager or agent unless such manager or agent possesses the same qualificationsrequired of the licensee, (12) a person who does not own the premises forwhich a license is sought or does not have a lease or combination of leaseson such premises for the full period for which the license is to be issued,(13) except as provided in this subdivision, an applicant whose spouse isineligible under this section to receive and hold a liquor license. Such applicantshall become eligible for a liquor license only if the commission finds fromthe evidence that the public interest will not be infringed upon if such licenseis granted. It shall be prima facie evidence that when a spouse is ineligibleto receive a liquor license the applicant is also ineligible to receive aliquor license. Such prima facie evidence shall be overcome if it is shownto the satisfaction of the commission (a) that the licensed business willbe the sole property of the applicant and (b) that such licensed premiseswill be properly operated, (14) a person seeking a license for premises whichdo not meet standards for fire safety as established by the State Fire Marshal,(15) a law enforcement officer, except that this subdivision shall not prohibita law enforcement officer from holding membership in any nonprofit organizationholding a liquor license or from participating in any manner in the managementor administration of a nonprofit organization, or (16) a person less thantwenty-one years of age.When a trustee is the licensee, the beneficiary or beneficiaries ofthe trust shall comply with the requirements of this section, but nothingin this section shall prohibit any such beneficiary from being a minor ora person who is mentally incompetent. SourceLaws 1935, c. 116, § 28, p. 395; C.S.Supp.,1941, § 53-328; R.S.1943, § 53-125; Laws 1957, c. 230, § 1, p. 788; Laws 1959, c. 249, § 3, p. 864; Laws 1965, c. 318, § 7, p. 897; Laws 1967, c. 332, § 7, p. 887; Laws 1971, LB 752, § 2; Laws 1973, LB 111, § 6; Laws 1975, LB 414, § 2; Laws 1976, LB 204, § 3; Laws 1979, LB 224, § 1; Laws 1980, LB 848, § 5; Laws 1983, LB 213, § 10; Laws 1986, LB 871, § 3; Laws 1991, LB 344, § 30; Laws 1993, LB 121, § 319; Laws 1994, LB 1292, § 6; Laws 2010, LB788, § 2; Laws 2010, LB861, § 62.AnnotationsOne is unable to renew liquor license for premises when not in possession of either lease or deed to such premises. III Lounge, Inc. v. Gaines, 227 Neb. 585, 419 N.W.2d 143 (1988).The phrase not of good character concerning eligibility for a license imports lack of good faith or honesty of purpose. C & L Co. v. Nebraska Liquor Control Commission, 190 Neb. 91, 206 N.W.2d 49 (1973).In exercising discretion to refuse license, Nebraska Liquor Control Commission may consider factors in addition to those set out in this section. T & N P Co., Inc. v. Nebraska Liquor Control Commission, 189 Neb. 708, 204 N.W.2d 809 (1973).A liquor license may be issued to a partnership. Stevens v. Fall, 133 Neb. 610, 276 N.W. 401 (1937).A party who has tendered a guilty plea under a deferred judgment statute of another state has not necessarily been convicted of or pleaded guilty to an offense within the meaning of this statute. McHenry v. Nebraska Liquor Control Comm., 5 Neb. App. 95, 555 N.W.2d 350 (1996).
