(1) Except as otherwise provided in subsection (2) of this section, no license shall be issued for the sale at retail of any alcoholic liquor or for a bottle club within one hundred fifty feet of any church, school, hospital, or home for indigent persons or for veterans and their wives or children. This prohibition does not apply (a) to any location within such distance of one hundred fifty feet for which a license to sell alcoholic liquor at retail or for a bottle club has been granted by the commission for two years continuously prior to making of application for license, (b) to hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935, or (c) to a college or university in the state which is subject to section 53-177.01.
(2) If a proposed location for the sale at retail of any alcoholic liquor or for a bottle club is within one hundred fifty feet of any church, a license may be issued if the commission gives notice to the affected church and holds a hearing as prescribed in section 53-133 if the affected church submits a written request for a hearing.
Notes of Decisions
City of Omaha v. Kum & Go, L.L.C., 642 N.W.2d 154 (Neb. 2002).
· cites it 19× “NATURE OF CASE Neb. Rev. Stat. § 53-177 (1) (Cum. Supp. 2000) provides that no license shall be issued for the retail sale of liquor within 150 feet of any church.”
Calvary Baptist Church v. Coonrad, 77 N.W.2d 821 (Neb. 1956).
· cites it 14× “McCormack, doing business as Willy Drug, and Willy Drug, seeking to obtain a declaratory judgment interpreting and applying part of section 53-177, R. R. S. 1943. For brevity, the Nebraska Liquor Control Commission and its members will hereinafter be designated as the…”
Phelps-Roper v. Heineman, 720 F. Supp. 2d 1090 (D. Neb. 2010).
· cites it 2× “For example, Neb.Rev.Stat. § 53-177 (Reissue 2004) prohibits the issuance of a license to sell liquor “within one hundred and fifty feet of any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children.”
Contemporary Indus. Mid-Am., Inc. v. Nebraska Liquor Control Comm'n, 500 N.W.2d 525 (Neb. 1993).
· cites it 2× “However, Neb. Rev. Stat. § 53-177 (Reissue 1988), with certain exceptions, permits a liquor license to be issued for the sale at retail of any alcoholic liquor more than 150 feet from any church, school, hospital, or home for the aged.”
— Neb. Rev. Stat. § 53-177(1) — 1 case
City of Omaha v. Kum & Go, L.L.C., 642 N.W.2d 154 (Neb. 2002).
“NATURE OF CASE Neb. Rev. Stat. § 53-177 (1) (Cum. Supp. 2000) provides that no license shall be issued for the retail sale of liquor within 150 feet of any church.”
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