2017 Nebraska Revised Statutes
Chapter 53 - LIQUORS
53-129 Retail, craft brewery, and microdistillery licenses; premises to which applicable.
53-129. Retail, craft brewery, and microdistillery licenses; premises to which applicable.
Retail, craft brewery, and microdistillery licenses issued under the Nebraska Liquor Control Act apply only to that part of the premises described in the application approved by the commission and in the license issued on the application. For retail and microdistillery licenses, only one location shall be described in each license. For craft brewery licenses, up to five separate physical locations may be described in each license. After such license has been granted for particular premises, the commission, with the approval of the local governing body and upon proper showing, may endorse upon the license permission to add to, delete from, or abandon the premises described in such license and, if applicable, to move from the premises to other premises approved by it, but in order to obtain such approval the retail, craft brewery, or microdistillery licensee shall file with the local governing body a request in writing and a statement under oath which shows that the premises as added to or deleted from or to which such move is to be made comply in all respects with the requirements of the act. No such addition, deletion, or move shall be made by any such licensee until the license has been endorsed to that effect in writing by the local governing body and by the commission and the licensee furnishes proof of payment of the renewal fee prescribed in subsection (4) of section 53-131.
Source
- Laws 1935, c. 116, § 49, p. 405;
- C.S.Supp.,1941, § 53-349;
- R.S.1943, § 53-129;
- Laws 1978, LB 386, § 5;
- Laws 1980, LB 848, § 6;
- Laws 1983, LB 213, § 11;
- Laws 1988, LB 1089, § 12;
- Laws 1989, LB 781, § 8;
- Laws 1993, LB 183, § 10;
- Laws 1994, LB 1292, § 7;
- Laws 1999, LB 267, § 7;
- Laws 2004, LB 485, § 19;
- Laws 2007, LB549, § 10;
- Laws 2010, LB861, § 63;
- Laws 2016, LB1105, § 20.
Annotations
If a named licensee desires to relocate the license, the licensee may do so under the provisions of this section by making application to either the Nebraska Liquor Control Commission or the local governing body. The relocation of a license from its issued premises to new premises is dependent upon approval by the local governing body. City of Lincoln v. Nebraska Liquor Control Comm., 208 Neb. 630, 304 N.W.2d 922 (1981).
An agreement between lessor and lessee that lessee will apply for a license for the premises, and will not seek permission to transfer it to another location, and upon expiration of the lease will assist lessor in obtaining a license for the premises is not void. Greco v. Bonacci, 194 Neb. 685, 234 N.W.2d 904 (1975).
Where licensee stored alcoholic beverages in an unauthorized area without permission of the commission and permitted part of licensed premises to be used for gambling, suspension of license was authorized and reasonable. O'Connor v. Nebraska Liquor Control Commission, 191 Neb. 436, 215 N.W.2d 635 (1974).
Purpose of this section is to provide a short procedure for change of location of business of licensee. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).
