(1) Any person desiring to obtain a new license to sell alcoholic liquor at retail, a bottle club license, a craft brewery license, or a microdistillery license shall file with the commission:
(a) An application upon forms prescribed by the commission, including the information required by subsection (3) of this section for an application to operate a cigar shop;
(b) The license fee if under sections 53-124 and 53-124.01 such fee is payable to the commission, which fee shall be returned to the applicant if the application is denied; and
(c) The nonrefundable application fee in the sum of four hundred dollars, except that the nonrefundable application fee for an application for a cigar shop shall be one thousand dollars.
(2) The commission shall notify the clerk of the city or village in which such license is sought or, if the license sought is not sought within a city or village, the county clerk of the county in which such license is sought, of the receipt of the application and shall include one copy of the application with the notice. No such license shall be issued or denied by the commission until the expiration of the time allowed for the receipt of 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 after the date of receipt by mail or electronic delivery of such application from the commission, the local governing body of such city, village, or county may make and submit to the commission recommendations relative to the granting or refusal to grant such license to the applicant.
(3) For an application to operate a cigar shop, the application shall include proof of the cigar shop's annual gross revenue as requested by the commission and such other information as requested by the commission to establish the intent to operate as a cigar shop. The commission may adopt and promulgate rules and regulations to regulate cigar shops. The rules and regulations existing on August 1, 2014, applicable to cigar bars shall apply to cigar shops until amended or repealed by the commission.
(4) For renewal of a license 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 renewal fee of forty-five dollars.
Notes of Decisions
City of Lincoln v. Nebraska Liquor Control Comm'n, 304 N.W.2d 922 (Neb. 1981).
· cites it 6× “Brummer, doing business as “The Pop Shoppe and Beer Stop,” pursuant to Neb. Rev. Stat. § 53-131 (Reissue 1978). Jax obtained leave to intervene on the basis that it operated a similar retail establishment some 200 feet from where the new license was to be located.”
Retroactive, Inc. v. Nebraska Liquor Control Comm., 298 Neb. 936 (Neb. 2018).
· cites it 2× “Procedural Background Pursuant to Neb. Rev. Stat. § 53-131 (Cum. Supp. 2016), on October 1, 2015, Retroactive made an application for the Commission’s issuance of a Class C liquor license for the location at 1516 Jones Street in Omaha.”
Bond v. Nebraska Liquor Control Comm'n, 316 N.W.2d 600 (Neb. 1982).
· cites it 2× “Notice was given the city of North Platte, as required by Neb. Rev. Stat. § 53-131 (Reissue 1978), and a hearing was held before the city *665 council on November 6, 1979.”
J K & J, Inc. v. Nebraska Liquor Control Comm'n, 231 N.W.2d 694 (Neb. 1975).
· cites it 2× “The commission forwarded the application to the city of Fremont as required by section 53-131, R. R. S. 1943. The city council of Fremont, pursuant to section 53-134(7), R.”
City of Lincoln v. Nebraska Liquor Control Comm'n, 147 N.W.2d 803 (Neb. 1967).
· cites it 8× “Both applications were as prescribed by section 53-131, R. R. S. 1943, and there is no contention that the applications were insufficient in form, nor the applicants unqualified to be licensed.”
Allen v. Nebraska Liquor Control Comm'n, 140 N.W.2d 413 (Neb. 1966).
· cites it 2× “*768 The application for a package liquor license was made to the commission in compliance with section 53-131, R. R. S. 1943. The application was referred to the city council of the city of Lincoln for its recommendation, as the law requires.”
City of Lincoln v. Neb. Liquor Control Com'n, 304 N.W.2d 922 (Neb. 1981).
· cites it 6× “Brummer, doing business as "The Pop Shoppe and Beer Stop," pursuant to Neb.Rev.Stat. § 53-131 (Reissue 1978). Jax obtained leave to intervene on the basis that it operated a similar retail establishment some 200 feet from where the new license was to be located.”
Winkelmann v. Nebraska Liquor Control Comm'n, 253 N.W.2d 307 (Neb. 1977).
“Appellants argue that the granting of the license was arbitrary and capricious because the commission did not receive any recommendation from the city council of Plattsmouth concerning a Class D liquor license.”
Retroactive, Inc. v. Nebraska Liquor Control Comm., 298 Neb. 936 (Neb. 2018).
· cites it 2× “Procedural Background Pursuant to Neb. Rev. Stat. § 53-131 (Cum. Supp. 2016), on October 1, 2015, Retroactive made an application for the Commission’s issuance of a Class C liquor license for the location at 1516 Jones Street in Omaha.”
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