Exeter Village Ordinances: Business Regulations

CHAPTER 5 – BUSINESS REGULATIONS
ARTICLE 1 – ALCOHOLIC BEVERAGES
SECTION 5-101: DEFINITIONS
SECTION 5-102: ACQUISITION AND POSSESSION
SECTION 5-103: DRINKING ON PUBLIC PROPERTY; POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINER
SECTION 5-104: CONSUMPTION IN PUBLIC PLACES; LICENSE
SECTION 5-105: LICENSE REQUIRED
SECTION 5-106: VILLAGE POWERS AND DUTIES
SECTION 5-107: LICENSEE REQUIREMENTS
SECTION 5-108: LOCATION
SECTION 5-109: ACCESS TO DWELLINGS
SECTION 5-110: SANITARY CONDITIONS
SECTION 5-111: CATERING LICENSE
SECTION 5-112: DISPLAY OF LICENSE
SECTION 5-113: HOURS OF SALE
SECTION 5-114: INSPECTIONS
SECTION 5-115: OWNER OF PREMISES
SECTION 5-116: EMPLOYER
SECTION 5-117: HIRING MINORS
SECTION 5-118: MINORS AND INCOMPETENTS
SECTION 5-119: CREDIT SALES
SECTION 5-120: ORIGINAL PACKAGE
SECTION 5-121: CONDUCT PROHIBITED ON LICENSED PREMISES
SECTION 5-122: AUTOMATIC LICENSE RENEWAL
SECTION 5-123: PROTESTS AGAINST RENEWAL
SECTION 5-124: CITIZEN COMPLAINTS
SECTION 5-125: FORM FOR CITIZEN COMPLAINT
SECTION 5-126: COMPLAINT INITIATED BY VILLAGE BOARD
SECTION 5-127: REVOCATION OF LICENSE
SECTION 5-128: REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR QUASI-PUBLIC PROPERTY
ARTICLE 2 – DIRECT SALES
SECTION 5-201: REGISTRATION REQUIRED
SECTION 5-202: DEFINITIONS
SECTION 5-203: EXEMPTIONS
SECTION 5-204: REGISTRATION; FEE
SECTION 5-205: REGULATIONS
SECTION 5-206: DISCLOSURE REQUIREMENTS
SECTION 5-207: VIOLATION; RECORDS
SECTION 5-208: REVOCATION OF REGISTRATION
ARTICLE 3 – LOTTERY
SECTION 5-301: PARTICIPATION; RESTRICTIONS
ARTICLE 4 – TOBACCO SALES
SECTION 5-401: LICENSE; APPLICATION; FEE
ARTICLE 5 – PENAL PROVISION
SECTION 5-501: VIOLATION; PENALTY
CHAPTER 5 – BUSINESS REGULATIONS
Article 1 – Alcoholic Beverages
SECTION 5-101: DEFINITIONS
All words and phrases herein used are to have the definitions applied thereto as defined in the Liquor Control Act of the State of Nebraska. (Neb. Rev. Stat. §53-103)
SECTION 5-102: ACQUISITION AND POSSESSION
It shall be unlawful for any person to purchase, receive, acquire, accept, or possess any alcoholic liquor acquired from any other person other than one duly licensed to handle alcoholic liquor under the Nebraska Liquor Control Act. Nothing in this section shall prevent:
A. The possession of alcoholic liquor for the personal use of the possessor and his or her family and guests, as long as the quantity of alcoholic liquor transported, imported, brought, or shipped into the state does not exceed nine liters in any one calendar month;
B. The making of wine, cider, or other alcoholic liquor by a person from fruits, vegetables, or grains or the products thereof by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests;
C. Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in com-pounding of prescriptions of licensed physicians;
D. The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church;
E. Persons who are 16 years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor;
F. Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;
G. Persons who are 16 years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment; or
H. Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment.
(Neb. Rev. Stat. §§53-168.06, 53-175, 53-194.03) (Am. by Ord. No. 442, 3/12/96)
SECTION 5-103: DRINKING ON PUBLIC PROPERTY; POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINER
A. Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. Rev. Stat. §53-186(2), it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental sub-division thereof unless authorized by the governing bodies having jurisdiction over such property. (Neb. Rev. Stat. §53-186(1))
B. It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this village.
C. Except as provided in Neb. Rev. Stat. §53-186, it is unlawful for any person to consume an alcoholic beverage (1) in a public parking area or on any highway in this village or (2) inside a motor vehicle while in a public parking area or on any highway in this village.
D. For purposes of this division:
1. “Alcoholic beverage” means (a) beer, ale porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (b) wine of not less than one-half of one percent of alcohol by volume; or (c) distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. “Alcoholic beverage” does not include trace amounts not readily consumable as a beverage;
2. “Highway” means a road or street including the entire area within the right-of-way;
3. “Open alcoholic beverage container” means any bottle, can, or other receptacle that (a) contains any amount of alcoholic beverage; and (b) is open or has a broken seal; or (c) the contents of which are partially removed; and
4. “Passenger area” means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area. “Passenger area” does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not
equipped with a trunk.
(Neb. Rev. Stat. §60-6,211.08)
SECTION 5-104: CONSUMPTION IN PUBLIC PLACES; LICENSE
It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, club or any place open to the general public to permit or allow any per-son to consume alcoholic liquor upon the premises except as permitted by a license is-sued for such premises pursuant to the Nebraska Liquor Control Act. It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café, club or any place open to the general public except as permitted by a license issued for such premises pursuant to the act. This division does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages. (Neb. Rev. Stat. §53-186.01)
SECTION 5-105: LICENSE REQUIRED
It shall be unlawful for any person to manufacture for sale, sell, keep for sale, or to barter any alcoholic liquors within the village unless said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act. (Neb. Rev. Stat. §53-168.06)
SECTION 5-106: VILLAGE POWERS AND DUTIES
A. The Village Board is authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, craft brewery, and microdistillery licensees carried on within the corporate limits of the village. (Neb. Rev. Stat. §53-134.03)
B. During the period of 45 days after the date of receiving from the Nebraska Liquor Control Commission an application for a new license to sell alcoholic liquor at re-tail or a craft brewery or microdistillery license, the Village Board may make and submit to the commission recommendations relative to the granting or refusal to grant such license to the applicant. (Neb. Rev. Stat. §53-131(2))
C. The Village Board, with respect to licenses within the corporate limits of the village, has the following powers, functions, and duties with respect to retail, craft brewery and micro-distillery licenses:
1. To cancel or revoke for cause retail, craft brewery and microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the commission.
2. To enter or authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act (“the act”) to determine whether any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation adopted by the Village Board has been or is being violated and at such time examine the premises of such licensee in connection with such determination.
3. To receive a signed complaint from any citizen within its jurisdiction that any provision of the act, any rule or regulation adopted and promulgated
pursuant to the act, or any ordinance, resolution, rule or regulation relating to alcoholic liquor has been or is being violated and to act upon such com-plaints in the manner provided in the act.
4. To receive retail, craft brewery and microdistillery license fees as provided in Neb. Rev. Stat. §§53-124 and 53-124.01 and pay the same to the village treasurer after the license has been delivered to the applicant.
5. To examine or cause to be examined any applicant or any retail, craft brewery or microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in the act, to examine or cause to be examined the books and records of any applicant or licensee, and to hear testimony and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the Village Board may authorize its agent or attorney to act on its behalf.
6. To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in Neb. Rev. Stat. §53-134.04, it determines that the licensee has violated any of the provisions of the act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. Such order of cancellation or revocation may be appealed to the commission within 30 days after the date of the order by filing a notice of appeal with the commission, which shall handle the appeal in the manner provided for hearing on an application in Neb. Rev. Stat. §53-133.
7. Upon receipt from the commission of the notice and copy of application as provided in Neb. Rev. Stat. §53-131, to fix a time and place for a hearing at which the Village Board shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a license. Notice of the time and place of such hearing shall be published in a legal newspaper in or of general circulation in the village, one time not less than seven and not more than 14 days before the time of the hearing. Such notice shall include but not be limited to a statement that all persons desiring to give evidence before the Village Board in support of or in protest against the issuance of such license may do so at the time of the hearing. Said hearing shall be held not more than 45 days after the date of receipt of the notice from the commission, and after such hearing the Village Board shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of such license. The village clerk shall mail to the commission by first-class mail, postage prepaid, a copy of the resolution, which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the commission. If the commission refuses to issue such a license, the cost of publication of notice shall be paid by the commission from the security for costs.
D. When the Nebraska Liquor Control Commission mails or delivers to the village clerk a license issued or renewed by it, the clerk shall deliver the license to the licensee upon proof of payment of (1) the license fee if, by the terms of Neb. Rev. Stat. §53-124(5), the fee is payable to the village treasurer; (2) any fee for publication of notice of hearing before the Village Board upon the application for license; (3) the fee for
publication of notice of renewal, if applicable, as provided in Neb. Rev. Stat. §53-135.01; and (4) occupation taxes, if any, imposed by the village.
E. Notwithstanding any ordinance or charter power to the contrary, the village shall not impose an occupation tax on the business of any person, firm, or corporation licensed under the Nebraska Liquor Control Act and doing business within the corporate limits of the village in any sum which exceeds two times the amount of the license fee required to be paid under the act to obtain such license.
(Neb. Rev. Stat. §§53-131, 53-132, 53-134) (Am. by Ord. No. 313, 9/6/83)
SECTION 5-107: LICENSEE REQUIREMENTS
It shall be unlawful for any person or persons to own an establishment that sells at retail any alcoholic beverages unless said person is a resident of the county in which the premises are located; a person of good character and reputation; a citizen of the United States; a person who has never been convicted of a felony or any Class I misdemeanor pursuant to Neb. Rev. Stat. Chapter 28, Article 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state; a person who has never had a liquor license revoked for cause; a person whose premises for which a license is sought meets standards for fire safety as established by the state fire marshal. (Neb. Rev. Stat. §53-125) (Am. by Ord. No. 313, 9/6/83)
SECTION 5-108: LOCATION
It shall be unlawful for any person or persons to own, maintain, manage, or hold open to the public any establishment for the purpose of selling at retail any alcoholic liquor with-in 150 feet of any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children. This prohibition does not apply to any location within such distance when the said establishment has been licensed by the Nebraska Liquor Control Commission at least two years and to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where the selling of alcoholic liquors is not the principal business carried on, if the business was licensed and in operation prior to May 24, 1935. No alcoholic liquor other than beer shall be sold for consumption on the premises within 300 feet from the campus of any college within the village. (Neb. Rev. Stat. §53-177)
SECTION 5-109: ACCESS TO DWELLINGS
Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premises having any access which leads from such premises to any other portion of the same building used for dwelling or lodging purposes and which is permitted to be used or kept accessible for use by the public. Nothing herein shall prevent any connection with such premises and such other portion of the building that is used only by the licensee, his or her family, or personal guests. (Neb. Rev. Stat. §53-178)
SECTION 5-110: SANITARY CONDITIONS
It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition. Toilet facilities shall be adequate and convenient for customers and patrons and said licensed premises shall be subject to any health inspections the Village Board or the village police may make or cause to be made. All applications for liquor licenses shall be viewed in part from the standpoint of the sanitary conditions, and a report concerning the said sanitary conditions shall be made at all hearings concerning the application for or renewal of a liquor license. (Neb. Rev. Stat. §53-118)
SECTION 5-111: CATERING LICENSE
A. The holder of a Class C, Class D, or Class I license issued under Neb. Rev. Stat. §53-124(5) or a craft brewery license may obtain an annual catering license by fil-ing an application and license fee with the Nebraska Liquor Control Commission. (Neb. Rev. Stat. §53-124.12(1))
B. Upon receipt from the Commission of the notice and copy of the application as provided in Neb. Rev. Stat. §53-124.12, the Village Board shall process the application in the same manner as provided in Section 5-106 (Village Powers and Duties). (Neb. Rev. Stat. §53-124.12(3))
SECTION 5-112: DISPLAY OF LICENSE
Every licensee under the Nebraska Liquor Control Act shall cause his or her license to be framed and hung in plain public view in a conspicuous place on the licensed premises. (Neb. Rev. Stat. §53-148)
SECTION 5-113: HOURS OF SALE
A. For the purposes of this section:
1. "On sale" shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment.
2. "Off sale" shall be defined as alcoholic beverages sold at retail in the orig-nal container for consumption off the premises of the licensed establishment.
B. It shall be unlawful for any licensed person or persons or their agents to sell at retail or dispense any alcoholic beverages within the village except during the hours provided herein:

Alcoholic Liquors (except Beer and Wine)

Monday through Saturday
Off Sale      6:00 a.m. to 1:00 a.m.
On Sale      6:00 a.m. to 2:00 a.m.

Sunday
Off Sale      6:00 a.m. to 1:00 a.m.
On Sale      6:00 a.m. to 2:00 a.m.

Beer and Wine

Monday through Saturday
Off Sale      6:00 a.m. to 1:00 a.m.
On Sale      6:00 a.m. to 2:00 a.m.

Sunday
Off Sale     6:00 a.m. to 1:00 a.m.
On Sale     6:00 a.m. to 2:00 a.m.

C. Such limitations shall not apply after 12:00 noon on Sunday to a licensee
which is a nonprofit corporation and the holder of a Class C or Class I license.
D. It shall be unlawful on property licensed to sell alcoholic liquor at retail to allow alcoholic liquor in open containers to remain or be in possession or control of any person for purposes of consumption between fifteen minutes after the closing hour applicable to the licensed premises and 6:00 a.m. on any day.
E. Nothing in this section shall be construed to prohibit licensed premises from being open for other business on days and hours during which this section prohibits the sale or dispensing of alcoholic beverages.
(Neb. Rev. Stat. §53-179) (Am. by Ord. Nos. 271, 9/7/76; 303, 10/5/82; 318, 9/20/83; 375A, 9/19/91; 564, 2/2/11; 572, 11/7/12)
SECTION 5-114: INSPECTIONS
The Liquor Control Commission and Village Board shall cause frequent inspections to be made on the premises of all retail licensees and if it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or the rules and regulations of the commission adopted and promulgated under the act or is failing to observe in good faith the purposes of the act, the license may be suspended, canceled, or revoked after the licensee is given an opportunity to be heard in his or her defense. (Neb. Rev. Stat. §53-116.01)
SECTION 5-115: OWNER OF PREMISES
The owner of any premises used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the said licensee if the owner shall knowingly permit the licensee to use the said licensed premises in violation of any municipal code section or Nebraska statute. (Neb. Rev. Stat. §53-1,101)
SECTION 5-116: EMPLOYER
The employer of any officer, director, manager, or employee working in a retail liquor establishment shall be held to be liable and guilty of any act or omission or violation of any law or ordinance. Each such act or omission shall be deemed and held to be the act of the employer and will be punishable in the same manner as if the said act or omission had been committed by him or her personally. (Neb. Rev. Stat. §53-1,102)
SECTION 5-117: HIRING MINORS
It shall be unlawful for any person to hire minors under the age of 19 years to serve or dispense alcoholic liquors, including beer, in the course of their employment. (Neb. Rev. Stat. §53-168.06)
SECTION 5-118: MINORS AND INCOMPETENTS
It shall be unlawful for any person or persons to sell, give away, dispose of, exchange, permit the sale of or make a gift of any alcoholic liquors or to procure any such alcoholic liquors to or for any minor or any person who is mentally incompetent. (Neb. Rev. Stat. §53-180)
SECTION 5-119: CREDIT SALES
No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook, on an order on a store, in exchange for any goods, wares, or merchandise, or in payment for any services rendered, and if any person extends credit for any such purpose, the debt thereby attempted to be created shall not be recoverable at law. Nothing in this section shall prevent any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members or guests of members and charged to the accounts of the said members or guests in accordance with the bylaws of any such club, and nothing in this section shall prevent any hotel or restaurant holding a retail alcoholic beverage license from permitting checks or statements for liquor to be signed by regular guests residing in the said hotel and charged to the ac-counts of such guests. (Neb. Rev. Stat. §53-183)
SECTION 5-120: ORIGINAL PACKAGE
It shall be unlawful for any person or persons who own, manage, or lease any premises in which the sale of alcoholic beverages is licensed to have in their possession for sale at retail any alcoholic liquors contained in bottles, casks, or other containers except in the original package. (Neb. Rev. Stat. §53-184)
SECTION 5-121: CONDUCT PROHIBITED ON LICENSED PREMISES
No licensee in this village shall engage in, allow or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities or displays, brawls or unnecessary noise; or allow, permit or suffer the licensed premises to be used in such a manner as to create public censure or become a nuisance, public or private.
SECTION 5-122: AUTOMATIC LICENSE RENEWAL
A. Outstanding retail licenses issued by the Liquor Control Commission may be automatically renewed in the absence of a request by the Village Board to require the said licensee to submit an application for renewal. Any licensed retail or bottle club establishment located in an area which is annexed to the village shall file a formal application for a license and while such application is pending, the licensee shall be authorized to continue all license privileges pursuant to this article until the original license expires, is canceled, or revoked. If such license expires within 60 days following the annexation date of such area, the license may be renewed by order of the commission for not more than one year.
B. The village clerk, upon notice from the commission, shall cause to be published in a legal newspaper in or of general circulation in the village one time between January 10 and January 30 each year a notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the village; provided, Class C license renewal notices shall be published between July 10 and July 30 each year. Upon the conclusion of any hearing required by this section, the Village Board may request a licensee to submit an application.
(Neb. Rev. Stat. §§53-135, 53-135.01) (Am. by Ord. Nos. 292, 12/4/79; 313, 9/6/83)
SECTION 5-123: PROTESTS AGAINST RENEWAL
In the event written protests are filed by three or more residents of the village against
said license and a hearing is held, the Village Board may request a licensee to submit an application as provided in Neb. Rev. Stat. §53-135. (Neb. Rev. Stat. §53-135.01)
SECTION 5-124: CITIZEN COMPLAINTS
A. Any five residents of the village shall have the right to file a complaint with the Village Board stating that any retail licensee subject to the jurisdiction of the board has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant to the act. Such complaint shall be in writing in the form prescribed by the Village Board and shall be signed and sworn by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based.
B. If the Village Board is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint. The complaint must in all cases be disposed of by the Village Board within 30 days from the date the complaint was filed by resolution thereof and said resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided in Neb. Rev. Stat. §53-1,115.
(Neb. Rev. Stat. §53-134.04)
SECTION 5-125: FORM FOR CITIZEN COMPLAINT
The following form is hereby prescribed for the use of residents of this village desiring to complain to the chairman and the Village Board that any licensee is violating any provision of the Nebraska Liquor Control Act, regulations prescribed by the Nebraska Liquor Control Commission or any provision of this ordinance.
To the Chairman and Village Board of the Village of Exeter, Nebraska:
The undersigned respectfully state:
1. That each one is a resident of the Village of Exeter, Nebraska.
2. That they believe that ______________, the holder of a Class ___ license in the aforesaid village, has violated Section _________ of (check one or more):
_____ the Nebraska Liquor Control Act.
_____ the regulations prescribed by the Nebraska Liquor Control Commission.
_____ the municipal code of the Village of Exeter, Nebraska.
3. That the aforesaid belief is based on the following facts, to-wit:
______________________________________________________________
___________________________________________________________________
_______________________________ _______________________________
(Name) (Name)
_______________________________ _______________________________
(Name) (Name)
_______________________________
(Name)
STATE OF NEBRASKA )
) ss.
COUNTY OF FILLMORE )
Subscribed in my presence and sworn to before me by ______________, _________________, _________________, _________________ and _________________ this _____ day of _____________, 20____.
My commission expires ______________________.
______________________________
Notary Public
SECTION 5-126: COMPLAINT INITIATED BY VILLAGE BOARD
The Village Board may on its own motion by resolution fix the time and place for a hearing on whether a licensee has violated any section of the Nebraska Liquor Control Act, the regulations of the Nebraska Liquor Control Commission or this code, which resolution shall state the section or sections in question. Said resolution shall be served in the same manner and within the same time as the initial resolution mentioned in Section 5-125 (Citizen Complaints), and insofar as possible the procedure shall be the same as is provided in that section. (Neb. Rev. Stat. §53-134)
SECTION 5-127: REVOCATION OF LICENSE
Whenever any licensee has been convicted by any court of a violation of the Nebraska Liquor Control Act, the licensee may, in addition to the penalties for such offense, incur a forfeiture of the license and all money that had been paid for the license. The Village Board may conditionally revoke the license subject to a final order of the Liquor Control Commission or the commission may revoke the license in an original proceeding brought before it for that purpose. (Neb. Rev. Stat. §53-116.02)
SECTION 5-128: REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR QUASI-PUBLIC PROPERTY
A. Village police, county sheriffs, officers of the Nebraska State Patrol, and any other such law enforcement officer with power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, her-self, or others, or who is otherwise incapacitated from any public or quasi-public property. An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take such intoxicated person to his or her home or to place such person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury. Such effort at placement shall be deemed reasonable if the officer contacts those facilities or doctors which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals. If such efforts are unsuccessful or are not feasible, the officer may then place such intoxicated person in civil protective custody, except that civil
protective custody shall be used only as long as is necessary to preserve life or to prevent injury and under no circumstances for longer than 24 hours.
B. The placement of such person in civil protective custody shall be recorded at the facility or jail to which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to such person designated by the person taken into civil protective custody.
C. The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for such actions.
D. The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
E. For purposes of this section, “public property” shall mean any public right-of-way, street, highway, alley, park, or other state-, county- or village-owned property. "Quasi-public property" shall mean and include private or publicly owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.
(Neb. Rev. Stat. §53-1,121)
Article 2 – Direct Sales
(Ord. No. 419, 11/7/95)
SECTION 5-201: REGISTRATION REQUIRED
It shall be unlawful for any direct seller to engage in direct sales within the village of without being registered for that purpose as provided herein. Each individual who acts as a direct seller shall be required to register as required herein
SECTION 5-202: DEFINITIONS
“Charitable organization" shall include any benevolent, philanthropic, or patriotic person, partnership, association or corporation or one purporting to be such.
“Clerk" shall mean the village clerk.
“Direct seller" means any individual who, for himself, herself or a partnership, association or corporation, sells goods and/or services or takes sales orders for the later delivery of goods and/or services at any location other than the permanent business place or residence of said individual, partnership, association or corporation; shall include but not be limited to peddlers, solicitors and transient merchants. The sale of goods and/or services includes donations required by the direct seller for the retention of goods and/or by a donor or prospective customer.
“Goods" shall include personal property of any kind and shall include goods provided incidental to services offered or sold.
“Services" shall include labor and professional services of any kind and shall include services provided incidental to goods offered or sold.
SECTION 5-203: EXEMPTIONS
The following shall be exempt from all provision of this article:
A. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;
B. Any person selling goods at wholesale to dealers in such goods;
C. Any person selling agricultural products which such person has grown within Fillmore County or counties directly adjacent thereto;
D. Any person who has an established place of business where the goods being sold are offered for sale on a regular basis and in which the buyer has initiated contact with and specifically requested a home visit by said person;
E. Any person who has had, or one who represents a company which has had, a prior business transaction such as a prior sale or credit arrangement with the prospective customer;
F. Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.
SECTION 5-204: REGISTRATION; FEE
A. An applicant for registration must complete a form obtained from the village office. The following information shall be required:
1. Name, permanent address and telephone number and temporary ad-dress, if any;
2. Age, height, weight, color of hair and eyes;
3. Name, address and telephone number of the person, partnership, association or corporation that the direct seller represents, is employed by or whose merchandise is being sold;
4. Temporary address and telephone number from which business will be conducted, if any;
5. Nature of business to be conducted and a brief description of the goods offered and any services offered;
6. Proposed method of delivery of goods, if applicable;
7. Make, model and license number of any vehicle to be used by applicant in the conduct of business;
8. The last three previous cities or villages where applicant conducted similar
business;
9. Place where applicant can be contacted for at least seven days after leaving the village;
10. Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years; the nature of the offense and the place of conviction.
B. Each applicant shall present to the village clerk for examination a driver's license or some other proof of identity as may be reasonably required.
C. At the time the registration is returned, the applicant shall pay a fee, based upon the duration he desires to engage in business in the village, as established by the Village Board by resolution and filed in the village office for inspection during normal business hours.
SECTION 5-205: REGULATIONS
A. It shall be unlawful for any direct seller to call at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; to call at the rear door of any dwelling place; or to remain on any premises after being asked to leave by the owner, occupant, or other person having authority over such premises.
B. It shall be unlawful for a direct seller to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of the visit, his or her identity or that of the organization he or she represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.
C. It shall be unlawful for any direct seller to impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
D. It shall be unlawful for any direct seller to make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a 100-foot radius of the source.
E. It shall be unlawful for any direct seller to allow rubbish or litter to accumulate in or around the area in which he or she is conducting business.
SECTION 5-206: DISCLOSURE REQUIREMENTS
A. After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his or her name, the name of the company or organization he or she is affiliated with, if any, and the identity of goods or services he or she offers for sale.
B. If any sale of goods is made by a direct seller or any sales order for the later
delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction when such right is provided by state law.
C. If the direct seller takes a sales order for the later delivery of goods, he or she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.
SECTION 5-207: VIOLATION; RECORDS
The village clerk shall note all violations of this article on the record of the registrant convicted.
SECTION 5-208: REVOCATION OF REGISTRATION
The registration of a direct seller may be revoked by the Village Board chairman for any violation of this article.
Article 3 – Lottery
SECTION 5-301: PARTICIPATION; RESTRICTIONS
A. No person under 19 years of age shall play or participate in any way in the lottery established and conducted by the village.
B. No owner or officer of a lottery operator with whom the village contracts to conduct its lottery shall play the lottery conducted by the village. No owner or officer of an authorized sales outlet location for the village shall play in the lottery conducted by the village. No employee or agent of the village, lottery operator, or authorized sales outlet location shall play the lottery of the village for which he or she performs work during such time as he or she is actually on duty and working at such lottery.
C. Nothing shall prohibit any member of the Village Board, a village official, or the immediate family of such member or official from playing the lottery conducted by the village so long as such person is 19 years of age or older.
D. No person, employee or agent of any person or of the village shall knowingly permit an individual under 19 years of age to play or participate in any way in the lottery conducted by the village.
E. For purposes of this section, “immediate family of a member of the village board or a village official” shall mean (1) a person who is related to the member or official by blood, marriage, or adoption and resides in the same household or (2) a person who is claimed by the member or official, or the spouse of the member or official, as a dependent for federal income tax purposes.
(Neb. Rev. Stat. §9-646) (Ord. No. 377, 12/3/91) (Am. by Ord. No. 491, 3/3/99)
Article 4 – Tobacco Sales
SECTION 5-401: LICENSE; APPLICATION; FEE
Every person, partnership, limited liability company, or corporation desiring a license to sell tobacco at retail shall (A) file with the village clerk a written application on a form provided by the village, stating the name of the person, partnership, limited liability company, or corporation for whom the license is desired and the exact location of the place of business and (B) deposit with the application a license fee as set by the Village Board and filed in the office of the village clerk. If the applicant is an individual, the ap-plication shall include his or her social security number. (Neb. Rev. Stat. §§8-1422, 28-1423) (Ord. No. 494, 3/3/99)
Article 5 – Penal Provision
SECTION 5-501: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.

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