53-133 Retail, craft brewery, and microdistillery licenses; hearing; when held; procedure. - Nebraska Statutes

53-133. Retail, craft brewery, and microdistillerylicenses; hearing; when held; procedure.(1) The commissionshall set for hearing before it any application for a retail license, craftbrewery license, or microdistillery license relative to which it has received:(a) Within forty-five days after the date of receipt of such applicationby the city, village, or county clerk, a recommendation of denial from thecity, village, or county;(b) Within ten days after the receipt of a recommendation from the city,village, or county, or, if no recommendation is received, within forty-fivedays after the date of receipt of such application by the city, village, orcounty clerk, objections in writing by not less than three persons residingwithin such city, village, or county, protesting the issuance of the license.Withdrawal of the protest does not prohibit the commission from conductinga hearing based upon the protest as originally filed and making an independentfinding as to whether the license should or should not be issued;(c) Within forty-five days after the date of receipt of such applicationby the city, village, or county clerk, objections by the commission or anyduly appointed employee of the commission, protesting the issuance of thelicense; or(d) An indication onthe application that the location of a proposed retail establishment is withinone hundred fifty feet of a church as described in subsection (2) of section 53-177.(2) Hearings upon such applications shallbe in the following manner: Notice indicating the time and place of such hearingshall be mailed to the applicant, the local governing body, each individual protesting a license pursuantto subdivision (1)(b) of this section, andany church affected as described in subdivision (1)(d) of this section, bycertified mail, return receipt requested, at least fifteen days prior to suchhearing. The notice shall state that the commission will receive evidencefor the purpose of determining whether to approve or deny the application.Mailing to the attorney of record of a party shall be deemed to fulfill thepurposes of this section. The commission may receive evidence, including testimonyand documentary evidence, and may hear and question witnesses concerning theapplication. SourceLaws 1935, c. 116, § 84, p. 420; C.S.Supp.,1941, § 53-384; R.S.1943, § 53-133; Laws 1959, c. 249, § 8, p. 868; Laws 1961, c. 260, § 1, p. 774; Laws 1976, LB 413, § 3; Laws 1979, LB 224, § 2; Laws 1983, LB 213, § 13; Laws 1986, LB 911, § 5; Laws 1988, LB 550, § 2; Laws 1989, LB 781, § 11; Laws 1993, LB 183, § 13; Laws 1999, LB 267, § 10; Laws 2004, LB 485, § 22; Laws 2007, LB549, § 13; Laws 2010, LB861, § 67.AnnotationsThe portion of this section amended by 1986 Neb. Laws, L.B. 911, is declared unconstitutional. Bosselman, Inc. v. State, 230 Neb. 471, 432 N.W.2d 226 (1988).Absence of need alone is not a sufficient reason to deny an otherwise proper application for a liquor license. Joe & Al's IGA, Inc. v. Nebraska Liquor Control Commission, 203 Neb. 176, 277 N.W.2d 693 (1979).On objection to application for liquor license, where hearing is required, the matter becomes a contested case under section 84-901(3), and notice to applicant of the issues is necessary. J K & J, Inc. v. Nebraska Liquor Control Commission, 194 Neb. 413, 231 N.W.2d 694 (1975).In administrative hearing on application for license not required by this section where evidence fails to establish valid ground for denial, Nebraska Liquor Control Commission is required to cause license to be issued. Hadlock v. Nebraska Liquor Control Commission, 193 Neb. 721, 228 N.W.2d 887 (1975).