Nebraska Liquor Control Commission Rules and Regulations
CHAPTER 2 REQUIREMENTS FOR LICENSEES
| STATUTORY AUTHORITY | ||
|---|---|---|
| Definitions | 53-177(012) | |
| Falsification of Application | 53-131.01(010) | |
| Falsification of Information | 53-131.01(011) | |
| General Requirements | 53-101.05(001) | |
| License Application Requirements | 53-131.01(005) | |
| Manager Application | 53-131.01(009) | |
| Partnerships | 53-1,100(002) | |
| Residency Requirements | 53-131.01(006) | |
| Special Designated Licenses | 53-131.01(013) | |
| Temporary Agency Agreements | 53-117(004); | 53-118 |
| Trade Name | 53-117(008); | 53-118 |
| Transfer of Stock | 53-123.04(003); | 53-175 |
2-001-GENERAL REQUIREMENTS
001.01 The licensee shall, at all times, be responsible for the licensed premises and for the control, sale and dispensing of alcoholic liquors permitted by the license. Only the licensee may receive the proceeds resulting from the sale or dispensing of alcoholic liquor except (a) a manager may receive a percentage of gross or net sales as employment compensation, (b) a landlord may receive a percentage of gross sales as rent, (c) the franchisor may receive a percentage of gross sales as a franchise fee and (d) except whereas otherwise provided by the provisions of the Nebraska Liquor Control Act.
001.02 In cases wherein the commission has fixed certain requirements and prescribed certain conditions upon which a license is granted or is permitted to continue in full force and effect by order of the commission, whether such requirements or conditions are imposed at a formal hearing, by a written notice or in a written stipulation, such requirements or conditions shall be deemed a part of the license issued by the commisson as though actually endorsed thereon; and any violation or breach of any such requirements or conditions is prohibited.
2-002-PARTNERSHIP WHEN BUSINESS OPERATED ON PERCENTAGE OR SHARE BASIS
002.01 Any license covering premises financed or operated on a percentage or share of the business basis will be considered a partnership between the parties involved insofar as the rights and duties of the licensee of record under his license are concerned.
2-003-TRANSFER OF STOCK OF TERMINATED LICENSE
2-004-TEMPORARY AGENCY AGREEMENTS003.01 When a licensee has discontinued business under his license and his license has been terminated, he may apply in writing to the commission for permission to transfer his stock of alcoholic liquors to another qualified licensee. He shall furnish the commission with an inventory of the liquors contemplated in such transfer.
003.02 The licensee who desires to purchase such stock of liquor shall also apply in writing to the commission for permission to make such purchase and he shall report to the commission in writing the quantity, brands, and types of such liquor purchased and the address to which it was actually delivered after the purchase.
004.01 Someone other than a licensee may operate a business holding a liquor license if all of the following criteria are met:
004.01A A formal application for a new license must be on file with the Commission;
004.01B An agency agreement must be filed with the applicaiton. Licensee may designate a creditor, landlord, or new buyer as his/her agent;
004.01C Licensee must maintain a possessory interest in the property in the form of a lease, use permit or license;
004.01D Agents may be paid a specific agency fee. Net profits must be placed in an escrow account during the temporary period; and
004.01E Temporary agency agreements may not exceed 120 days in total duration.
004.01F Any remodeling or other physical changes to the property must include the approval of the Fire Marshal prior to the granting of the temporary agency agreement. 53-119.01)(53-125(13))
004.02 Any violations occurring during the period a temporary agency agreement is in effect will be adjudicated in the following manner:
004.02A If the license application is not issued to the new applicant at the time of the Order, the record of penalty will be recorded against the original licensee.
004.02B If the license is issued to the new applicant, the record of penalty will be recorded against the license of the applicant.
2-005-LICENSE APPLICATION REQUIREMENTS
005.01 A person applying for a license of any kind, except those issued under Neb. Rev. Stat. 53-124.11, shall file with their license application (1) birth certificate or naturalization papers proving United States citizenship, and (2) the required fingerprints card(s) and fee(s). Fingerprints filed with the Nebraska Liquor Control Commission within the past two years of the filing of the application shall meet this requirement.
005.01A For corporations, fingerprints are required of the Chief Executive Officer, the manager, or any stockholder owning in the aggregate more than twenty-five percent of the stock of such corporation. For nonprofit corporations and governmental subdivision, this shall only mean the manager. (No citizenship or residency requirements per Sec. 53-125(9)).
005.01B Fingerprints of spouses including those ineligible to hold a license, will not be required upon receipt of a signed affidavit of no interest upon the form provided by the Nebraska Liquor Control Commission.
005.01C For corporations owning shares in the applicant's corporation, the Chief Executive officer and/or President and any shareholder owning in the aggregate more than twenty-five percent of the stock of the corporation shall file an affidavit on a form supplied by the Commission stating that they are eligible to hold a license under the Nebraska Liquor Control Act.
005.02 Any proposed change from a profit to a nonprofit or from a nonprofit to a for profit license shall require the filing of a new application.
005.03 Any change from an individual license to a partnership, when adding a spouse, or when an individual or partnership incorporates, with no additional partners, or from a corporation to an individual, shall not require the filing of a new application, but may be done by the filing of an affidavit with the Nebraska Liquor Control Commission.
2-006-RESIDENCY REQUIREMENTS
006.01 Any licensee, required to be a state resident must be a registered voter in Nebraska and must, if a vehicle is owned, have at least one such owned vehicle registered in Nebraska.
006.02 Additionally, all licensees are required to do any two of the following:
006.02A Own or rent property in Nebraska;
006.02B Have a mailing address in Nebraska;
006.02C Actually reside in Nebraska;
006.02B Use a Nebraska address on tax returns;
2-008-TRADE NAME
008.01 The Liquor Control Commission shall be notified in writing of any change in an operating trade name (DBA). Notification shall be made by licensee within thirty (30) days of change.
2-009-MANAGER APPLICATION
009.01 Upon depature, death or termination of a manager, a licensed corporation shall file an application with the Liquor Control Commission for a new manager within sixty (60) days. Should the corporation be unable to establish a manager within sixty (60)days, the corporation may apply for a hardship.
2-010-FALSIFICATION OF APPLICATION
010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license.
2-011-FALSIFICATION OF INFORMATION
011.01 No licensee or partner, principal, agent or employee of any licensee shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director or employees. Any violation of this provision may result in suspension, cancellation or revocation of such license.
2-012-DEFINITIONS
012.01 "School" shall mean a building which is used as a place for the instruction of pupils in elementary or high school grades, and which is owned, leased, or otherwise under the jurisdiction and control of a public school district or the administrative body of a private, denominational or parochial school accredited by the State Board of Education, provided, that a satellite location that is not adjacent to the school's primary location and which serves not more than 25% of the number of students enrolled at such school shall not be considered a "school" for purposes of Neb. Rev. State. Sec. 53-177. A student attending a satellite location and the school's primary location shall be counted as served by the satellite location.
012.02 "College" shall mean a technical community college, a state college, or a private college approved by the Nebraska Coordinating Commission for Postsecondary Education.
012.03 "University" shall mean two or more colleges under a central administration, offering baccalaureate and/or graduate degree program.
012.04 "Campus" shall mean any buildings owned, leased, or otherwise under the jurisdiction and control of the administration of a college or university, which are used as a place for the education of students or for student living quarters, and the grounds surrounding such buildings, provided that a satellite location that is not adjacent to a university or college's primary location and which serves not more than 25% of the number of students enrolled at such university or college shall not be considered a "campus" for purposes of Neb. Rev. Stat. Sec 53-177. A student attending a satellite location and the univerity or college's primary location shall be counted as served by the satellite location.
012.05 "Church" shall mean a building where people regularly assemble for worship and for the administration of such offices and is held out to the public as a house of worship and used predominately for the honor of religion and includes, but is not limited to, a building such as a mosque, synagogue or a temple.
012.06 "Guest" shall mean a patron of a club, as defined in Sec. 53-103(20), who comes to the club at the invitation of a member and who uses the club's services or facilities while accompanied by that member. Nothing herein shall prevent clubs from entering into reciprocity agreements to enable a member of one club to use the services or facilities of another club.
012.07 "Beer garden" shall mean an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises.
012.08 "Sidewalk cafe" shall mean an outdoor area included in licensed premises, which is used by a restaurant or hotel with a restaurant license, for the service of meals as well as alcoholic liquors, and which is contained by a permanent fence, wall, railing, rope or chain, defining the licensed area, provided that one open entrance not to exceed eight (8) feet shall be allowed.
2-013-SPECIAL DESIGNATED LICENSES
013.01 Except as provided for in 013.04 all applications for a special designated license, with local governing body approval, and proper fees, must be received by the Commission at least ten working days prior to the event. Such notice is required to enable a reasonable notification to the Nebraska State Patrol, local law enforcement, the fire marshal, and the sanitation division of the Department of Agriculture. Applications not received at least ten working days prior to the event will not be processed.
013.02 In connection with each event, the applicant must provide a written showing of estimated size of the crowd and how it intends to assure that alchol will not be served to minors and intoxicated persons.
013.03 Each of the following conditions, unless waived or modified as herein provided, shall apply to all Special Designated Liquor Licenses issued to organizations that do not hold a valid retail or caterers liquor license.
013.03A Events attended by more than 150 people that includes minors unaccompanied by a parent (excluding minors acting as service personnel and minors attending as program or entertainment participants)shall conduct age checking at the entrance to the licensed area and all adults shall be identified with wrist bands that are destroyed by removal.
013.03B At events attended by more than 150 people which do not involve a sit down meal served to all attendees simultaneously there shall be a minimum of one security person for attendees up to 200 and one more security person for each 200 additional. Security personnel whether paid or volunteer shall have no duties other than maintaining order and enforcing all liquor laws and license conditions including prohibiting minors and intoxicated attendees from consuming or possessing alcohol. All security personnel shall be dressed in distinctive clothing with visual markings identifying them as security personnel.
013.03C The individual designated on the license as the event supervisor shall be in the licensed area at all times alcohol is being served and the immediate post clean up period. If the event supervisor is to be absent from the licensed premise during any part of the designated period, the event supervisor must designate a person to be in charge in his/her absence.
013.03D All workers performing duties for the sponsoring organization at the licensed event whether paid or volunteers shall refrain from consuming alcohol while on duty during the event and any immediate post event clean up period.
013.03E If minors are in attendance at events of more that 150 people (Excluding minors attending as service personnel and minors attending as program or entertainment participants) alcoholic drinks shall be served in distinctively different containers than those in which non-alcoholic drinks are served.
013.03F At outdoor events attended by more than 150 people where non- attendees have access to property adjacent to any portion of the licensed area all open areas (defined below) with the exception of a reasonably sized access and exit aisle shall have double row fencing with plastic or wood snow fence materials (or equal). The two rows of fence shall be at least 4 feet apart with clear space between the two rows of fence. Open areas are all portions of the licensed area which adjoin areas that can be used or occupied by non-attendees where there is not a solid wall or chain link fence at least 6 feet in height. Except for people entering and exiting the licensed area all attendees shall remain inside the interior row of fencing.
013.03G Any condition may be waived or modified by the Liquor Control Commission upon a showing by the applicant that such condition is not necessary for the promotion of the health, safety and welfare of the people of the state.
013.04 Applications for Special Designated Liquor Licenses by non-licensees requesting a waiver or modification of conditions along with the reasons and justification for such waiver or modification must be received by the Liquor Control Commission at least 30 calendar days prior to the licensed event. When no waiver or modification is required the commission must receive Special Designated Liquor License applications at least 10 working days prior to the licensed event.
013.05 All Special Designated Liquor Licenses issued to organizations that do not hold a valid retail or caterers liquor license will list all the applicable conditions that are a part of that license.
013.06 It is the declared policy of the Commission that Special Designated Licenses should not be used to avoid the oversight and accountability imposed upon a regular retail license. Therefore, applications for Special Designated Licenses may be denied if the proposed location could otherwise be granted a regular license and if such regular license best serves the purposes of the Liquor Control Act. To help accomplish this policy any location that has received twelve (12) Special Designated Licenses in one calendar year shall have any further applications set for hearing to make a determination whether additional licenses are justified prior to the issuance of the requested Special Designated License.
