11/28/2006 Ordinances 9094
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ORDINANCE NO. 9094
An ordinance to amend Chapter 4 of the Grand Island City Code; to amend
Section 4-1 pertaining to definitions; to amend Section 4-6 pertaining to the liquor application
procedure; to amend Section 4-7 pertaining to applications for liquor license; to amend Section
4-8 pertaining to grounds for revocation; Section 4-9, pertaining to hours of operation, to repeal
Sections 4-1, 4-6, 4-7, 4-8 and 4-9 as now existing and any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 4-1 of the Grand Island City Code is hereby amended to
read as follows:
~4-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever
the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. Alcohol
does not include denatured alcohol or wood alcohol;
Svirits means any beverage which contains alcohol obtained by distillation, mixed with water or other
substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when
rectified, blended, or otherwise mixed with alcohol or other substances;
Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or
vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits;
Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other
grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, and near beer;
Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not. containing
alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. Alcoholic liquor also
includes confections or candy with alcohol content of more than one-half of one percent alcohol. The act does not
apply to (a) alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and
regulations adopted and promulgated pursuant to such acts, (b) flavoring extracts, syrups, medicinal, mechanical,
scientific, culinary, or toilet preparations, or food products unfit for beverage purposes, but the act applies to
alcoholic liquor used in the manufacture, preparation, or compounding of such products or confections or candy that
contains more than one-half of one percent alcohol, or (c) wine intended for use and used by any church or religious
organization for sacramental purposes;
Near beer means beer containing less than one-half of one percent of alcohol by volume;
Orisdnal Dackaze means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or
container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and to
convey any alcoholic liquor;
Manufacturer means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler, or
person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying, or
bottling alcoholic liquor, including a wholly owned affiliate or duly authorized agent for a manufacturer;
Approved as to Form C
November 22, 2006
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ORDINANCE NO. 9094 (Cont.)
Nonbeveraze user means every manufacturer of any of the products set forth and described in subsection
(4) of section 53-160, when such product contains alcoholic liquor, and all laboratories, hospitals, and sanatoria
using alcoholic liquor for nonbeverage purposes;
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an
original package with any alcoholic liquor and includes blending but does not include the mixing or other
preparation of drinks for serving by those persons authorized and permitted in the act to serve drinks for
consumption on the premises where sold;
Wholesaler means a person importing or causing to be imported into the state or purchasing or causing to
be purchased within the state alcoholic liquor for sale or resale to retailers licensed under the act, whether the
business of the wholesaler is conducted under the terms of a franchise or any other form of an agreement with a
manufacturer or manufacturers, or who has caused alcoholic liquor to be imported into the state or purchased in the
state from a manufacturer or manufacturers and was licensed to conduct such a business by the Nebraska State
Liquor Control Commission on May I, 1970, or has been so licensed since that date. Wholesaler does not include
any retailer licensed to sell alcoholic liquor for consumption off the premises who sells alcoholic liquor other than
beer or wine to another retailer pursuant to Neb. Rev. Stat. 953- 175, except that any such retailer shall obtain the
required federal wholesaler's basic permit and federal wholesale liquor dealer's special tax stamp. Wholesaler
includes a distributor, distributorship, and jobber;
Person means any natural person, trustee, corporation, partnership, or limited liability company;
Retailer means a person who sells or offers for sale alcoholic liquor for use or consumption and not for
resale in any form except as provided in Neb. Rev. Stat. 9 53-175;
Sell at retail and sale at retail means sale for use or consumption and not for resale in any form except as
provided in Neb. Rev. Stat. ~ 53-175;
Commission means the Nebraska Liquor Control Commission;
Sale means any transfer, exchange, or barter in any manner or by any means for a consideration and
includes any sale made by any person, whether principal, proprietor, agent, servant, or employee;
To sell means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell;
Restaurant means any public place (a) which is kept, used, maintained, advertised, and held out to the
public as a place where meals are served and where meals are actually and regularly served, (b) which has no
sleeping accommodations, and (c) which has adequate and sanitary kitchen and dining room equipment and capacity
and a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests;
Club means a corporation (a) which is organized under the laws of this state, not for pecuniary profit, solely
for the promotion of some common object other than the sale or consumption of alcoholic liquor, (b) which is kept,
used, and maintained by its members through the payment of annual dues, (c) which owns, hires, or leases a building
or space in a building suitable and adequate for the reasonable and comfortable use and accommodation of its
members and their guests, and (d) which has suitable and adequate kitchen and dining room space and equipment
and a sufficient number of servants and employees for cooking, preparing, and serving food and meals for its
members and their guests. The affairs and management of such club shall be conducted by a board of directors,
executive committee, or similar body chosen by the members at their annual meeting, and no member, officer,
agent, or employee of the club shall be paid or shall directly or indirectly receive, in the form of salary or other
compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or
its guests introduced by members other than any salary fixed and voted at any annual meeting by the members or by
the governing body of the club out of the general revenue of the club;
Hotel means any building or other structure (a) which is kept, used, maintained, advertised, and held out to
the public to be a place where food is actually served and consumed and sleeping accommodations are offered for
adequate pay to travelers and guests, whether transient, permanent, or residential, (b) in which twenty-five or more
rooms are used for the sleeping accommodations of such guests, and (c) which has one or more public dining rooms
where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the
same buildings in connection therewith and such building or buildings or structure or structures being provided with
adequate and sanitary kitchen and dining room equipment and capacity;
Nonvrofit corporation means any corporation organized under the laws of this state, not for profit, which
has been exempted from the payment of federal income taxes;
Minor means any person, male or female, under twenty-one years of age, regardless of marital status;
Brand means alcoholic liquor identified as the product of a specific manufacturer;
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ORDINANCE NO. 9094 (Cant.)
Franchise or af!reement. with reference to the relationshiv between a manufacturer and wholesaler,
includes one or more of the following: (a) A commercial relationship of a definite duration or continuing indefinite
duration which is not required to be in writing; (b) a relationship by which the wholesaler is granted the right to offer
and sell the manufacturer's brands by the manufacturer; (c) a relationship by which the franchise, as an independent
business, constitutes a component of the manufacturer's distribution system; (d) a relationship by which the
operation of the wholesaler's business is substantially associated with the manufacturer's brand, advertising, or other
commercial symbol designating the manufacturer; and (e) a relationship by which the operation of the wholesaler's
business is substantially reliant on the manufacturer for the continued supply of beer;
Territorv or sales territory means the wholesaler's area of sales responsibility for the brand or brands of the
man ufacturer;
Susvend means to cause a temporary interruption of all rights and privileges of a license;
Cancel means to discontinue all rights and privileges of a license;
Revoke means to permanently void and recall all rights and privileges of a license;
Generic label means a label which is not protected by a registered trademark, either in whole or in part, or
to which no person has acquired a right pursuant to state or federal statutory or common law;
Private label means a label which the purchasing wholesaler or retailer has protected, in whole or in part,
by a trademark registration or which the purchasing wholesaler or retailer has otherwise protected pursuant to state
or federal statutory or common law;
Brewpub means any restaurant or hotel which produces on its premises a maximum of ten thousand barrels
of beer per year;
Manaf!er means a person appointed by a corporation to oversee the daily operation of the business licensed
in Nebraska. A manager shall meet all the requirements of the act as though he or she were the applicant, except for
residency and citizenship;
Shivvinrz license means a license granted pursuant to section 53-123.15 of the Revised Statutes of
Nebraska;
Samvlinf! means consumption on the premises of a retail licensee of not more than five samples of one fluid
ounce or less of alcoholic liquor by the same person in a twenty-four-hour period;
Microbrewery means any small brewery producing a maximum often thousand barrels of beer per year;
Craft brewery means a brewpub or a microbrewery;
Local f!overning body means (a) the city council of the City of Grand Island; and
Consume means knowingly and intentionally drinking or otherwise ingesting alcoholic liquor.
SECTION 2. Section 4-6 of the Grand Island City Code is hereby amended to read as
follows:
~4-6. Liquor Application Procedure
The hearing will be informal and conducted by the Mayor. The hearing shall be held for the purpose of
inquiring into the facts and shall not be an adversary action. Each witness may present testimony in narrative fashion
or by question and answer.
The governing body or the applicant may order the hearing to be recorded by an official court reporter or
by the Clerk, at the expense of the applicant.
The governing body and its representatives shall not be bound by the strict rules of evidence, and
shall have full authority to control the procedures of the hearing including the admission or exclusion or testimony
or other evidence. The governing body may admit and give consideration to evidence which possesses probative
value commonly accepted by reasonably prudent individuals. The Mayor may limit testimony where it appears to be
incompetent, irrelevant, or unduly repetitious. Ifthere is opposition to any application and such opposition desires
the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such
application, they shall choose a spokesperson to perform such function who shall notify the Mayor of his/her
representation prior to the start of the hearing.
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ORDINANCE NO. 9094 (Cont.)
SECTION 3. Section 4-7 of the Grand Island City Code is hereby amended to
read as follows:
~4-7. Applications for Liquor License
In order to assist the council in determining the general fitness of an applicant for a retail liquor license, and
the character and reputation of the applicant in the community, the applicant shall provide the city clerk at least ten
days before the council hearing on the application the following information:
The application for a new license shall be submitted upon such forms as the commission may prescribe.
Such forms shall contain:
(A) The name and residence of the applicant and how long he or she has resided within the State
of Nebraska.
(B) The particular premises for which a license is desired designating the same by street and
number if practicable or, if not, by such other description as definitely locates the premises.
(C) The name of the owner of the premises upon which the business licensed is to be carried on.
(D) A statement that the applicant is a citizen of the United States, that the applicant and the
spouse of the applicant are not less than twenty-one years of age, and that such applicant has never been
convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale
of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a
manager for a corporation applying for a license shall qualify with all provisions of this subdivision as
though the manager were the applicant, except that the provisions of this subdivision shall not apply to the
spouse of a manager-applicant.
(E) A statement that the applicant intends to carry on the business authorized by the license for
himself or herself and not as the agent of any other persons and that if licensed he or she will carryon such
business for himself or herself and not as the agent for any other person.
(F) A statement that the applicant intends to superintend in person the management of the
business licensed and that if so licensed he or she will superintend in person the management of the
business, and
(G) Such other information as the Nebraska Liquor Control Commission may from time to time
direct. The applicant shall also submit two legible sets of fingerprints to be furnished to the Federal Bureau
of Investigation through the Nebraska State Patrol for a national criminal history record check and the fee
for such record check payable to the patrol.
(H) No license for the retail sale of alcoholic liquor for consumption on the premises shall be
recommended for approval until the Building Department, Fire Department and Police Department have
completed inspections and have certified that the premises meets all Building and Life Safety Codes. If a
license is recommended for approval pending final inspections, the City Clerk shall not issue the license
until such time as all inspections have been complete fro full compliance.
The application shall be verified by the affidavit of the petition made before a notary public or other person
duly authorized by law to administer oaths. If any false statement is made in any part of such application, the
applicant or applicants shall be deemed guilty of perjury and upon conviction thereof, the license shall be revoked
and the applicant subjected to the penalties provided by law for that crime.
SECTION 4. Section 4-8 of the Grand Island City Code is hereby amended to
read as follows:
~4-8. Grounds for Revocation or Cancellation
A retail license to sell alcoholic liquors, which this council is legally empowered to revoke, may be revoked
by the city council whenever it shall find, after notice and hearing as provided by law, that the holder of any such
license has violated any of the provisions of said Nebraska Liquor Control Act, or of this chapter, or rule or
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ORDINANCE NO, 9094 (Cont)
regulation of the Nebraska Liquor Control Commission; or any statutory provision or ordinance of the City now
existing or hereafter passed, enacted in the interest of good morals and decency; or for anyone or more of the
following causes:
(A) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or has
pled guilty to a felony under the laws of the State of Nebraska, or of any other state of the United States.
(B) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or has
pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of pandering or other
crime or misdemeanor opposed to decency and morality.
(C) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or
pled guilty to violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic
liquors.
(D) That the licensee either swore falsely to any question in his/her application for said license, or has
failed to comply with the statements and representations made by the answer to any question or questions in
said application; or has failed to perform in accordance with any other statement or representation, or keep any
promise. oral or written. made to the council. in connection with such licensee's request for said license.
(E) The licensee, his/her manager or agent in charge of the premises licensed, shall have forfeited bond to
appear in court to answer charges for anyone of the violations of law or ordinances referred to in this section.
(F) It shall be cause for revocation as herein provided if the licensee, his/her manager or agent, shall allow
any live person to appear, or have reasonable cause to believe that any live person shall appear in any licensed
premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner,
or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the
showing of the human male or female genitals, pubic area or buttocks, or the human female breast including the
nipple or any portion below the nipple with less than a full opaque covering.
(G) It shall be cause for revocation when a licensee, his/her manager or agent in charge of the premises has
successive violations that meet the Nebraska Liquor Control Commission standard of violation, the City
Council may revoke or cancel the liquor license.
SECTION 5. Section 4-9 of the Grand Island City Code is hereby amended to read as
follows:
~4-9. Hours of Operation; Retail Establishment
(A) No alcoholic liquor, including beer, shall be sold at retail or dispensed on any day between the hours
of 1 :00 a.m. and 6:00 a.m.
(B) No alcoholic liquor, including beer, shall be sold at retail or dispensed between the hours of 6:00 a.m.
and 12:00 noon on Sunday.
(C) Alcoholic liquor, including beer, may be sold at retail and dispensed from 12:00 noon on Sunday until
1 :00 a.m. the following Monday.
SECTION 6. Sections 4-1; 4-6; 4-7; 4-8 and 4-9 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 7. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
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ORDINANCE NO. 9094 (Cont.)
SECTION 8. That this ordinance shall be in force and take effect from and after
its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: November 28,2006.
Attest:
RSlllL ffilA~
RaNae Edwards, City Clerk
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