§ 53-134.03 — Retail, bottle club, craft brewery, and microdistillery licenses; regulation by cities and villages

Nebraska § 53-134.03

• Jurisdiction: Nebraska
• Ch. 53: Liquors

Text

The governing bodies of cities and villages are authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, bottle club, craft brewery, or microdistillery licensees carried on within the corporate limits of the city or village.

Legislative History

Source: Laws 1935, c. 116, § 104, p. 429; C.S.Supp.,1941, § 53-3,104; R.S.1943, § 53-147; Laws 1980, LB 848, § 11; Laws 1989, LB 781, § 14; R.S.Supp.,1990, § 53-147; Laws 1991, LB 344, § 38; Laws 1993, LB 183, § 16; Laws 1999, LB 267, § 12; Laws 2004, LB 485, § 24; Laws 2007, LB549, § 15; Laws 2018, LB1120, § 19. Annotations: Where city had not by ordinance attempted to regulate the location of the place of business of licensee, commission could grant license over objection of city. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967). Power to regulate sale of beer lies in local municipality. Phelps Inc. v. City of Hastings, 152 Neb. 651, 42 N.W.2d 300 (1950). Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1977).