Sale of liquor by drink; license issuance authorized; exception.

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53-122. Sale of liquor by drink; license issuance authorized; exception.

The commission may issue licenses for the sale of alcoholic liquor, except beer, by the drink subject to all the terms and conditions of the Nebraska Liquor Control Act in all cities and villages in this state, except in those cases when it affirmatively appears that the issuance will render null and void prior conveyances of land to such city or village for public uses and purposes by purchase, gift, or devise, under the conditions and in the manner provided in this section.

Source

  • Laws 1935, c. 116, § 48, p. 403;
  • C.S.Supp.,1941, § 53-348;
  • R.S.1943, § 53-122;
  • Laws 1963, c. 309, § 1, p. 911;
  • Laws 1963, c. 310, § 2, p. 923;
  • Laws 1969, c. 439, § 1, p. 1469;
  • Laws 1973, LB 556, § 1;
  • Laws 1977, LB 40, § 311;
  • Laws 1984, LB 920, § 43;
  • Laws 1988, LB 1089, § 7;
  • Laws 1989, LB 781, § 5;
  • Laws 1991, LB 344, § 15;
  • Laws 1993, LB 183, § 8;
  • Laws 1994, LB 76, § 570;
  • Laws 1999, LB 267, § 6;
  • Laws 2001, LB 278, § 2;
  • Laws 2004, LB 485, § 8;
  • Laws 2005, LB 98, § 34;
  • Laws 2010, LB861, § 51;
  • Laws 2014, LB863, § 23.

Annotations

  • Percentage of votes required is based on last general municipal election. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).

  • Funds collected as state license fees are properly distributed for use of all school districts within state and should not be paid over to counties in which liquor licenses are granted. School District of Omaha v. Gass, 131 Neb. 312, 267 N.W. 528 (1936).


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