ARTICLE I - 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. (Ref. Neb. Rev. Stat. §53-103)
SECTION 5-102: 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 City unless said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act. (Ref. Neb. Rev. Stat. §53-168.06)
SECTION 5-103: RIGHT OF ENTRY TO POLICE
All police officers of the City are hereby authorized and directed to enter upon the premises of all licensees at frequent intervals, to determine whether any of the provisions of this article or of the Nebraska Liquor Control Act have been or are being violated.
SECTION 5-104: DWELLINGS
Except in the case of hotels and clubs, no alcoholic liquor shall be sold at retail upon any premise which has any access which leads from such premise to any other portion of the same building used for dwelling or lodging purposes and which is permitted to be used by the public. Nothing herein shall prevent any connection with such premise and such other portion of the building which is used only by the licensee, his/her family or personal guests. (Ref. Neb. Rev. Stat. §53-178)
SECTION 5-105: LICENSE DISPLAYED
Every licensee under the Nebraska Liquor Control Act shall cause his/her license to be framed and hung in plain public view in a conspicuous place on the licensed premise. (Ref. Neb. Rev. Stat. §53-148)
SECTION 5-106: 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 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 Chapter 28, Article 3, 4, 7, 8, 10, 11 or 12 Reissue Revised Statutes of Nebraska, 1943, 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. (Ref. Neb. Rev. Stat. §53-125)
SECTION 5-107: LIQUOR APPLICATION; MUNICIPAL EXAMINATION
1. Any person desiring to obtain a license to sell alcoholic liquor at retail shall file an application with the Liquor Control Commission. Upon receipt from the Commission of the notice and copy of the application as provided in Section 53-131, RS Neb., the City Council shall fix a time and place at which time the City Council shall receive evidence, under oath, either orally or in writing, from the applicant and any other person concerning the propriety of the issuance of such license. Such hearing shall be held not more than 45 days after the receipt of notice from the Commission. The City Council may examine, or cause to be examined, under oath, any applicant; examine, or cause to be examined, the books and records of any such applicant; 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 City Council may authorize its agent, the city clerk or the city attorney, to act on its behalf.
2. Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the City one time not less than seven nor 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 City Council in support of or in protest against the issuance of such license may do so at the time of the hearing.
3. The City Council shall, after the hearing provided in subsection (1), approve or deny the application within 45 days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application. The city clerk shall thereupon mail or deliver to the Commission a copy of the resolution within ten days of the decision to approve or deny the application.
4. Any resolution denying an application rendered by the City Council shall be in writing or stated in the record and shall be accompanied by findings. The findings shall consist of concise statements of the conclusions upon each contested issue. The applicant shall be notified of the decision in person or by mail. (Ref. Neb. Rev. Stat. §53-131, 53-132, 53-134, RS, Neb.)
SECTION 5-108: LIQUOR LICENSE RENEWAL
Retail or bottle club licenses issued by the Commission and outstanding may be automatically renewed in the absence of a request by the City Council to require the said licensee to issue an application for renewal. Any licensed retail or bottle club establishment located in an area which is annexed to the City 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. The city clerk, upon notice from the Commission, between January 10th and January 30th of each year, shall cause to be published in a legal newspaper in or of general circulation in the City, one time, a notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the City; provided, Class C license renewal notices shall be published between the dates of July 10th and July 30th of each year. The city clerk shall then file with the Commission proof of publication of said notice on or before February 10th of each year or August 10th of each year for Class C licenses. Upon the conclusion of any hearing required by this section, the City Council may request a licensee to submit an application. (Ref. Neb. Rev. Stat. §53-135, 53-135.01)
SECTION 5-109: MUNICIPAL POWERS AND DUTIES
The City Council is authorized to regulate by ordinance not inconsistent with the provisions of the Nebraska Liquor Control Act, the business of all retail and bottle club licensees carried on within the corporate limits. The City Council shall further have the power and duties in respect to licensed retailers of alcoholic beverages to cancel or revoke for cause retail or bottle club licenses to sell or dispense alcoholic liquors issued to persons for premises within its jurisdiction subject to the right of appeal to the Commission; to enter or to authorize any law enforcement officer to enter at any time upon any premise licensed by the State of Nebraska to determine whether any of the provisions of the Municipal laws, or the laws of the State of Nebraska, are being violated; to receive signed complaints from any citizens within its jurisdiction that any of the Municipal laws or laws of the State of Nebraska are being violated, and to act upon such complaints in the manner herein provided; to cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in Section 5-124, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance or regulation duly enacted relating to alcoholic liquors; and to collect for the benefit of the State of Nebraska and the City all license fees and occupation taxes as prescribed by law. (Ref. Neb. Rev. Stat. §53-134)
SECTION 5-110: OWNER OF PREMISES
The owner of any premise 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 premise in violation of any Municipal Code section or Nebraska Statute. (Ref. Neb. Rev. Stat. §53-1,101)
SECTION 5-111: EMPLOYER
The employer of any officer, director, manager or employees working in a retail liquor establishment shall be held to be liable and guilty of any act of omission or violation of any law or ordinance, and 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/her personally. (Ref. Neb. Rev. Stat. §53-168.06)
SECTION 5-112: PUBLIC ENTRANCES REQUIRED
No person holding a license for the sale at retail of alcoholic liquors, including beer, shall sell at retail any such beverages on a premise which is not provided with a public entrance at the front thereof opening upon a public street. During the hours when alcoholic beverages may legally be sold, all public entrances at the front thereof shall be unlocked or otherwise unsecured, so that the general public and law enforcement officers may have easy access to such premises.
SECTION 5-113: 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 to any person who is mentally incompetent. (Ref. Neb. Rev. Stat. §53-180)
SECTION 5-114: CREDIT SALES
No person shall sell or furnish alcoholic liquor at retail to any person or persons for credit of any kind, barter, or services rendered; provided, nothing herein contained shall be construed to prevent any bona fide club 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 by-laws of any such club; and provided further, nothing herein shall be construed to prevent any hotel from permitting checks or statements for liquor to be signed by bona fide guests residing in the said hotel, and charged to the accounts of such guests. (Ref. Neb. Rev. Stat. §53-183)
SECTION 5-115: SPIKING BEER
It shall be unlawful for any person or persons who own, manage or lease any premise in which the sale of alcoholic beverages is licensed, to serve or offer for sale any beer to which there has been added any alcohol, or permit any person or persons to add alcohol to any beer on the licensed premise of such licensee. (Ref. Neb. Rev. Stat. §53-174)
SECTION 5-116: ORIGINAL PACKAGE
It shall be unlawful for any person or persons who own, manage or lease any premise in which the sale of alcoholic beverages is licensed, to have in their possession for sale at retail any alcoholic liquor contained in casks or other containers, except in the original package. Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale. (Ref. Neb. Rev. Stat. §53-184)
SECTION 5-117: HOURS OF SALE
1. It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the City except during the hours provided herein:
Alcoholic Liquors (except beer and wine)
Secular Days
Off Sale 6:00 A.M. to 1:00 A.M.
On Sale 6:00 A.M. to 1:00 A.M.
Sundays
Off Sale 12:00 Noon to 1:00 A.M.
On Sale 12:00 Noon to 1:00 A.M.
Beer and Wine
Secular Days
Off Sale 6:00 A.M. to 1:00 A.M.
On Sale 6:00 A.M. to 1:00 A.M.
Sundays
Off Sale 6:00 A.M. to 1:00 A.M.
On Sale 6:00 A.M. to 1:00 A.M.
2. No person or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than 15 minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises. For the purposes of this section, "on sale'' shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment; "off sale'' shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.
3. Nothing in this section shall be construed to prohibit licensed premises
from being open for other business on days and hours during which the sale or
dispensing of alcoholic beverages is prohibited by this section. (Amended by
Ordinance No. 1689 – September 2, 2003)
SECTION 5-118: 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 premise shall be subject to any health inspections the City Council or the City 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.
SECTION 5-119: HIRING MINORS
It shall be unlawful for any person to hire a minor, regardless of sex, under the age of 19 years to serve or dispense alcoholic liquors, including beer, to said licensee's customers. (Ref. Neb. Rev. Stat. §53-168.06)
SECTION 5-120: CONSUMPTION IN PUBLIC PLACES; LICENSE REQUIRED
It shall be unlawful for any person owning, operating, managing or conducting any dance hall, restaurant, café, club or any other place open to the general public to permit or to allow any person to consume alcoholic beverages upon such premises, or 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 theretofore issued to such premises pursuant to Nebraska statutes.
This section shall not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages. (Ref. Neb. Rev. Stat. §53-168.01)
SECTION 5-121: 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; provided, nothing in this section shall prevent (1) 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; (2) the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests; (3) 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 the 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 compounding of prescriptions of licensed physicians; (4) 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; (5) persons who are sixteen years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor; (6) persons who are sixteen years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment; (7) persons who are sixteen 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 (8) persons who are nineteen years old or older from serving or selling alcoholic liquor in the course of their employment. (Ref. Neb. Rev. Stat. §53-168.06, 53-175, 53-194.03)
SECTION 5-122: NUDE ENTERTAINMENT
It shall be cause for suspension or revocation of any liquor license if licensee, his/her manager or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear, on any licensed premises in a state of nudity to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity.
For the purposes of this section, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the areola, the nipple or any portion below the nipple with less than a full opaque covering.
SECTION 5-123: INSPECTIONS
It shall be the duty of the City Council to cause frequent inspections to be made on the premises of all retail and bottle club licensees. If it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or regulations of the Nebraska Liquor Control Commission, or is failing to observe in good faith the purposes of said Act, the license may be suspended, canceled or revoked after the licensee has been given an opportunity to be heard by the City Council. (Ref. Neb. Rev. Stat. §53-116.01)
SECTION 5-124: CITIZEN COMPLAINTS
Any five residents of the City shall have the right to file a complaint with the City Council stating that any retail or bottle club licensee, subject to the jurisdiction of the City Council, has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant thereto. Such complaint shall be in writing in the form prescribed by the City Council 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. If the City Council 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; provided that the complaint must in all cases be disposed of by the City Council within 30 days from the date the complaint was filed by resolution thereof, said resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided by law. (Ref. Neb. Rev. Stat. §53-134.04)
SECTION 5-125: LIQUOR APPLICATION; NOTICE; PROCEDURE
A. Notice. Notice of a hearing held pursuant to Neb. Rev. Stat. Section 53-134 shall be given to the applicant by the city clerk and shall contain the date, time and location of the hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the City Council that prejudice would result there from.
B. Procedure. Hearings will be informal and conducted by the city attorney. The intent is an inquiry into the facts, not an adversarial action. Each witness may present their testimony in narrative fashion or by question and answer.
The City Council or the applicant may order the hearing to be recorded by the clerk, at the expense of the applicant(s).
The City Council may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The city attorney may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function who shall notify the city attorney of his/her representation prior to the start of the hearing.
The order of the proceeding is as follows:
1. Exhibits will be marked in advance by the clerk and presented to the city
attorney during the presentation;
2. Presentation of evidence, witnesses and arguments by applicant;
3. Testimony of any other citizens in favor of such proposed license;
4. Examination of applicant, witnesses or citizens by city attorney, City Council,
or duly appointed agent;
5. Cross-examination of applicant, witnesses or citizens by spokesperson for
opposition, if any;
6. Presentation of evidence and witnesses by opposition;
7. Testimony of any other citizens in opposition to such proposed license;
8. Presentation of evidence by City and law enforcement personnel;
9. Cross-examination by applicant;
10. Rebuttal evidence by both parties, and by city administration and agent;
11. Summation by applicant and opposition spokesperson, if any.
In all cases, the burden of proof and persuasion shall be on the party filing
the application.
Any member of the City Council and the city attorney may question any witness, call witnesses, or request information.
All witnesses shall be sworn.
The City Council may make further inquiry and investigation following the hearing.
The City Council or the applicant may order the hearing to be recorded by the clerk, at the expense of the applicant(s). (Ref. Neb. Rev. Stat. §53-134)
SECTION 5-126: LIQUOR APPLICATIONS; RETAIL LICENSING STANDARDS;
BINDING RECOMMENDATIONS
Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act. The City Council shall only consider the following licensing standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the City Council to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act:
a. The adequacy of existing law enforcement resources and services in the area;
b. The recommendation of the Police Department or any other law enforcement
agency;
c. Existing motor vehicle and pedestrian traffic flow in the vicinity of the
proposed licensed premises, potential traffic and parking problems, and the
proximity and availability of on-street and off-street parking;
d. Zoning restrictions and the local governing body's zoning and land-use policies;
e. Sanitation or sanitary conditions on or about the proposed licensed premises;
f. The existence of a citizen's protest and similar evidence in support of or
in opposition to the application;
g. The existing population and projected growth within the jurisdiction of the
local governing body and within the area to be served;
h. The existing liquor licenses, the class of each such license, and the distance
and times of travel between establishments that were issued such licenses;
i. Whether the proposed license would be compatible with the neighborhood or
community where the proposed premises are located;
j. Whether the type of business or activity proposed to be operated or presently
operated in conjunction with the proposed license is and will be consistent
with the public interest as declared in Section 53-101.01;
k. Whether the applicant can ensure that all alcoholic beverages, including
beer and wine, will be handled by persons in accordance with Section 53-102;
l. Whether the applicant has taken every precaution to protect against the possibility
of shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed
and kept in and sold from an area which is reasonably secured;
m. Whether the applicant is fit, willing and able to properly provide the service
proposed in conformance with all provisions and requirements of and rules and
regulations adopted and promulgated pursuant to the act;
n. Whether the applicant has demonstrated that the type of management and control
exercised over the licensed premises will be sufficient to ensure that the licensee
can conform to all the provisions and requirements of and rules and regulations
adopted and promulgated pursuant to the act;
o. The background information of the applicant established by information contained
in the public records of the Commission and investigations conducted by law
enforcement agencies;
p. Past evidence of discrimination involving the applicant as evidenced by findings
of fact before any administrative board or agency of the local governing body,
any other governmental board or agency of the local governing body, any other
governmental unit, or any court of law;
q. Whether the applicant or the applicant's representatives suppressed any fact
or provided any inaccurate information to the Commission or local governing
body or the employees of the Commission in regard to the license application
or liquor investigations. The applicant shall be required to cooperate in providing
a full disclosure to the investigating agents of the local governing body;
r. Proximity of and impact on schools, hospitals, libraries, parks and public
institutions;
s. Whether activities proposed to be conducted on the licensed premises or in
adjacent related outdoor areas will create unreasonable noise or disturbance;
and
t. Compliance with state laws, liquor rules and regulations, and municipal ordinances
and regulations and whether or not the applicant has ever forfeited bond to
appear in court to answer charges of having committed a felony or charges of
having violated any law or ordinance enacted in the interest of good morals
and decency or has been convicted of violating or has forfeited bond to appear
in court and answer charges for violating any law or ordinance relating to alcoholic
liquor.
It shall be the applicant's duty to produce evidence pertaining to the designated criteria prescribed in this subsection. The burden of proof and persuasion shall be on the party filing the application. When applicable for purposes of this section, "applicant" shall be synonymous with "licensee." (Ref. Neb. Rev. Stat. §53-134)
SECTION 5-127: CATERING LICENSE
1. The holder of a Class C, Class D, or Class I license issued under subdivision (5) of Neb. Rev. Stat. §53-124, or a brewpub license, may obtain an annual catering license as prescribed in this section. Any such licensee desiring to obtain a catering license shall file an application with the Liquor Control Commission.
2. Upon receipt from the Commission of the notice and copy of the application as provided in Section 53-124.12 RS Neb., the City Council shall fix a time and place at which a hearing will be held and at which time the City Council shall receive evidence, under oath, either orally or in writing, from the applicant and any other person concerning the propriety of the issuance of such license. Such hearing shall be held not more than 45 days after the receipt of the notice from the Commission. The City Council may examine, or cause to be examined, under oath, any applicant; examine, or cause to be examined, the books and records of any such applicant, 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 City Council may authorize its agent, the city clerk or the city attorney, to act on its behalf.
3. Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the City one time not less than seven nor 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 City Council in support of or in protest against the issuance of such license may do so at the time of the hearing.
4. The City Council shall, after the hearing provided in subsection (2), approve or deny the application within 45 days of receipt of such application from the Commission, and shall cause to be spread at large in the minute record of its proceedings a resolution approving or denying such application. The city clerk shall thereupon mail or deliver to the Commission a copy of the decision to approve or deny the application.
5. Any resolution denying an application rendered by the City Council shall be in writing or stated in the record and shall be accompanied by findings. The findings shall consist of concise statements of the conclusions upon each contested issue. The applicant shall be notified of the decision in person or by mail.
6. The City Council, with respect to catering licensees within its corporate limits, may cancel a catering license for cause for the remainder of the period for which such license is issued. Any person whose catering license is canceled may appeal to the District Court. (Ref. Neb. Rev. Stat. §53-124.12)
SECTION 5-128: REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR
QUASI-PUBLIC PROPERTY
Any law enforcement officer with the power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself/herself 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 person to his/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 longer than 24 hours. The placement of such person in civil protective custody shall be recorded at the facility or jail at which he/she is delivered and communicated to his/her family or next of kin, if they can be located, or to such person designated by the person taken into civil protective custody.
The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his/her official duty and shall not be criminally or civilly liable for such actions. 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.
For purposes of this section, "public property" shall mean any public right-of-way, street, highway, alley, park or other state, county or city-owned property; and "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. (Ref. Neb. Rev. Stat. §53-1,121)
ARTICLE II - NON-RESIDENT SALESMEN
SECTION 5-201: REGISTRATION
Any non-resident salesman not having a regular weekly route within the City and intending to sell or attempting to sell at retail any merchandise, magazines, books or other items of value or attempting to take orders or subscriptions for the same within the corporate limits of the City shall, prior to making any attempt to sell such items, register with the city police. The city police shall require satisfactory evidence of identification, including fingerprints and photographs, product to be sold, principal place of business, employers name and address, telephone numbers, address if employed, and such other additional evidence necessary for identification and location. Upon registration, the city police shall certify to the city clerk such registration, who shall have authority to issue a salesman's permit to such salesman. There shall be a charge for such registration in an amount to be set by resolution of the City Council, to be paid at the time such permit is issued by the clerk. Said license shall be valid for three days from date of issuance. The clerk may also require written satisfactory recommendation or approval from the Better Business Bureau or such other organization as to said salesman, his/her product and business prior to issuing such permit. All registration fees collected by the clerk shall be credited by the treasurer to the General Fund of the City.
SECTION 5-202: REGISTRATION, EXCEPTIONS
The provisions of Section 5-201 shall not extend to individuals calling on
retail merchants in corporate limits of the City for the purpose of taking orders
or selling of merchandise for resale by such merchants, or farmers selling produce
raised in their gardens or on their farms.
SECTION 5-203: DUTY TO CARRY AND DISPLAY PERMIT
The salesman permit as herein provided shall at all times be carried on the person of said salesman and shall be displayed by the salesman upon the request of any citizen of the City or any police officer of the City.
SECTION 5-204: HOURS OF SOLICITATION
It shall be unlawful for any solicitor, salesman or peddler to solicit any individual between the hours of 6:00 P.M. and 8:00 A.M., unless they have a previous appointment with the resident or residents of the premises solicited.
ARTICLE III - OCCUPATION TAXES
SECTION 5-301: OCCUPATION TAX; AMOUNTS
For the purpose of raising revenue an occupation tax is hereby levied on the following business:
Telephone Companies 5% of total monthly gross billings,
minus interstate toll charges, for all accounts located within the corporate
limits of the City
Licensed Association with Bingo Revenue 2% of the gross receipts
(Ref. Neb. Rev. Stat. §16-205)
SECTION 5-302: FIRE INSURANCE COMPANIES
For the use, support and maintenance of the city fire department all revenue realized from the occupation tax on fire insurance companies shall be approp-riated to the Fire Department Fund. (Ref. Neb. Rev. Stat. §35-106)
SECTION 5-303: COLLECTION DATE
All occupation taxes shall be due and payable on the first day of May of each year, except in the event that the said tax is levied daily, and upon the payment thereof by any person or persons to the city clerk, the said clerk shall give a receipt, properly dated, and specifying the person paying the said tax, and the amount paid. The revenue collected shall then be immediately deposited into the General Fund by the city treasurer. The city treasurer shall keep an accurate account of all revenue turned over to him/her. All forms, and receipts herein mentioned shall be issued in duplicate. One copy shall then be kept by each party in the transaction. (Ref. Neb. Rev. Stat. §16-205)
SECTION 5-304: CERTIFICATES
The receipt issued after the payment of any occupation tax shall be the occupation tax certificate. The said certificate shall specify the amount of the tax and the name of the person and business that paid the said tax. The occupation tax certificate shall then be displayed in a prominent place, or carried in such a way as to be easily accessible, while business is being conducted. (Ref. Neb. Rev. Stat. §16-205)
SECTION 5-305: FAILURE TO PAY
If any person, company or corporation fails or neglects to pay the occupation taxes as provided herein on the day it becomes due and payable, the City shall then proceed by civil suit to collect the amount due. All delinquent taxes shall bear interest at the rate of 1% per month until paid. (Ref. Neb. Rev. Stat. §16-205)
ARTICLE IV - FAIR HOUSING REGULATIONS
SECTION 5-401: PURPOSE
The purpose of this article is to promote the general welfare of the residents of Plattsmouth, Nebraska, by endorsing the provisions of the Nebraska Fair Housing Act, Sections 20-301 through 20-344 RS Neb., to the effect that there shall be no discrimination in the City of Plattsmouth, Nebraska, in the acquisition, ownership, possession or enjoyment of housing in accordance with Article I, Section 25, of the Constitution of the State of Nebraska.
SECTION 5-402: DEFINITIONS
As used in this article unless the context otherwise requires:
1. “Aggrieved person” shall include any person who: (a) claims to have been injured by a discriminatory housing practice, or (b) believes that he or she will be injured by a discriminatory housing practice that is about to occur;
2. “Commission” shall mean the Nebraska Equal Opportunity Commission;
3. “Dwelling” shall mean any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence for one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof;
4. “Familial status” shall mean one or more minors being domiciled with: (a) a parent or another person having legal custody of such individual; or (b) the designee of a parent or other person having legal custody, with written permission of the parent or other person;
5. “Handicap” shall mean, with respect to a person: (a) a physical or mental impairment, excluding the current illegal use of or addiction to a controlled substance as defined in Section 28-401 RS Neb., which substantially limits one or more of such person's major life activities, (b) a record of having such an impairment, or (c) being regarded as having such an impairment;
6. “Person” shall include one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries;
7. “Rent” shall include lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant; and
8. “Restrictive covenant” shall mean any specification limiting the transfer, rental or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status or ancestry.
SECTION 5-403: UNLAWFUL ACTS
Except as exempted by Section 5-407, it shall be unlawful to:
1. Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit an offer for a dwelling to any person because of race, color, religion, national origin, familial status or sex;
2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, national origin, familial status or sex;
3. Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, handicap, familial status or sex or an intention to make any such preference, limitation or discrimination;
4. Represent to any person because of race, color, religion, national origin, handicap, familial status or sex that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
5. Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, handicap, familial status or sex of a person seeking to purchase, rent or lease any housing;
6. Include any transfer, sale, rental or lease of housing any restrictive covenants or honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing;
7. Discharge or demote an employee or agent or discriminate in the compensation of such employee or agent because of such employee's compliance with this article on the Nebraska Fair Housing Act; and
8. Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, handicap, familial status or sex.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any minor.
SECTION 5-404: HANDICAPPED PERSON; DISCRIMINATORY PRACTICES
PROHIBITED; DESIGN AND CONSTRUCTION STANDARDS
1. Except as exempted by Section 5-407, it shall be unlawful to:
(a) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
(i) The buyer or renter;
(ii) Any person associated with the buyer or renter; or
(iii) A person residing in or intending to reside in the dwelling after it is
so sold, rented or made available; or
(b) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with a dwelling because of a handicap of:
(i) Such person;
(ii) Any person associated with such person; or
(iii) A person residing in or intending to reside in the dwelling after it is
so sold, rented or made available.
2. For purposes of this section, “discrimination” shall include:
(a) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear expected;
(b) A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford the handicapped person equal opportunity to use or enjoy a dwelling; and
(c) In connection with the design and construction of covered multi-family dwellings, a failure to design and construct the dwellings in such manner that:
(i) The public use and common use portions of the dwelling are readily accessible
to and usable by handicapped persons;
(ii) All the doors designed to allow passage into and within all premises within
the dwellings are sufficiently wide to allow passage by handicapped persons
in wheelchairs; and
(iii) All premises within the dwellings contain the following features of adaptive
design:
(A) An accessible route into and through the dwelling;
(B) Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(C) Reinforcements in bathroom walls to allow later installation of grab bars;
and
(D) Kitchens and bathrooms such that a handicapped person In a wheelchair can
maneuver about the space.
3. Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ANSI A117.1, shall satisfy the requirements of subdivision (2)(c)(iii) of this section.
4. For purposes of this section, “covered multifamily dwellings” shall mean:
(a) Buildings consisting of four or more units if such buildings have one or
more elevators; and
(b) Ground floor units in other buildings consisting of four or more units.
5. Nothing in this section shall require that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to the health
or safety of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
SECTION 5-405: TRANSACTION RELATED TO RESIDENTIAL REAL
ESTATE; DISCRIMINATORY PRACTICES PROHIBITED
1. It shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential estate to discriminate against any person in making available such a transaction because of race, color, religion, sex, handicap, familial status or national origin.
2. For purposes of this section, “transaction related to residential estate” shall mean any of the following:
(a) The making or purchasing of loans or providing other financial assistance:
(i) For purchasing, constructing, improving, repairing or maintaining a dwelling;
or
(ii) Secured by residential real estate; or
(b) The selling, brokering or appraising of residential real property.
3. Nothing in this section shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, handicap, familial status or sex.
SECTION 5-406: MULTIPLE LISTING SERVICE; OTHER SERVICE;
DISCRIMINATORY PRACTICES PROHIBITED
It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, national origin, handicap, familial status or sex.
SECTION 5-407: RELIGIOUS ORGANIZATION, PRIVATE HOME, PRIVATE
CLUB, OR HOUSING FOR OLDER PERSONS; RESTRICTING USE NOT PROHIBITED
1. Nothing in this article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of a dwelling which it owns or operates, for other than commercial purposes, to persons of the same religion or from giving preferences to such persons unless membership in such religion is restricted on account of race, color, national origin, handicap, familial status or sex.
2. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
3. Nothing in this article shall prohibit or limit the right of any person or his or her authorized representative to refuse to rent a room or rooms in his or her own home for any reason or for no reason or to change tenants in his or her own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or family within his or her home.
4. Nothing in this article regarding familial status shall apply with respect to housing for older persons. For purposes of this subsection, “housing for older persons” shall mean housing:
(a) Provided under any state program that the commission determines is specifically designed and operated to assist elderly persons or defined in the program;
(b) Intended for and solely occupied by persons 62 years of age or older; or
(c) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
SECTION 5-408: INFORMATION
The city clerk, upon request, shall make available to an aggrieved person, or any other person, information regarding the Nebraska Fair Housing Act and the Nebraska Equal Opportunity Commission without cost to such individual. (Ref. Neb. Rev. Stat. §20-301 through 20-322)
ARTICLE V - MINIMUM RENTAL HOUSING STANDARDS
SECTION 5-501: RENTAL HOUSING STANDARDS CODE
To provide certain minimum standards, provisions and requirements for safe and stable design, construction, uses of materials, and maintenance of rental residential dwellings, the regulations promulgated by the U.S. Department of Housing and Urban Development and known as Section 8 Existing Housing Program, published by the U.S. Department of Housing and Urban Development and printed in book or pamphlet form, is hereby incorporated by reference in addition to all amended editions as though printed in full herein insofar as said regulations do not conflict with the statutes of the State of Nebraska. The City Council shall have the authority to establish regulations differing from the Section 8 Existing Housing Program, by resolution, and any such resolution is hereby incorporated by reference, together with the regulations known as Section 8 Existing Housing Program, shall constitute the Rental Housing Standards Code for the City. Three copies of the Rental Housing Standards Code are on file at the office of the city clerk and are available for public inspection at any reasonable time. The provisions of the Rental Housing Standards Code shall be controlling throughout the City. (Ref. Neb. Rev. Stat. §17-1001, 18-132, 19-902)
SECTION 5-502: INSPECTION
To insure compliance with the Rental Housing Standards Code, every residential dwelling unit within the City which is not occupied by a person who is a record title owner of said unit shall be inspected by the City and brought into compliance with this Code by the owner of said dwelling at the time of any change of occupancy of said unit.
SECTION 5-503: INSPECTION; EXEMPTION, FEE
An inspection shall not be required if, within the two-year period immediately preceding the change of occupancy, a change of occupancy occurred in the unit which resulted in an inspection and certification of compliance with the Rental Housing Standards Code. All costs of compliance with the Rental Housing Standards Code shall be paid by the owner of the unit. The owner of the dwelling shall pay a fee of $50.00 for the inspection required under this section.
SECTION 5-504: TIME LIMIT TO BRING OCCUPANCY INTO COMPLIANCE;
EXTENSION, FEE
The owner of a residential dwelling unit shall have a period of 90 days from the date of initial inspection to bring the unit into compliance with the code. An additional 60-day period shall be allowed, upon payment of a fee of $25.00 for said extension to the City, provided that the extension fee must be paid prior to the expiration of the initial 90-day period. Any further extension request will be charged an additional $25.00 fee and must be approved by the City Council prior to the expiration of the original period allowed for compliance. The City Council shall have the authority to grant or deny requests for additional extensions of time.
SECTION 5-505: VIOLATION
An owner of a residential dwelling unit who has failed to report a change of occupancy which requires an inspection; failed to allow the City to inspect a residential dwelling covered by this section; failed to pay fees required under this section; failed to bring a dwelling into compliance with the Code within the time allowed to said owner; or an owner in violation of any other aspect of this ordinance shall be guilty of a misdemeanor. A new violation shall be deemed to have been committed for each 24 hours of continued non-compliance.
SECTION 5-506: INSPECTION ORDERED BY HOUSING INSPECTOR
Notwithstanding the above, the city housing inspector shall have the authority to order an inspection of any residential dwelling covered by this section for the purpose of determining whether or not said dwelling is in compliance with the Code. No fee shall be required for the inspection ordered by the housing inspector under this provision. If it is determined, after any such inspection, that a dwelling is not in compliance, a $50.00 inspection fee will be collected and all owners of said dwelling shall be in violation of this section until said dwelling is brought into compliance with this section, and a new violation shall be deemed to have been committed for each 24 hours of continued non-compliance.
SECTION 5-507: CONTINUOUS VIOLATION; NUISANCE, ABATEMENT
Any violation of this ordinance or any part thereof which continues for more than seven consecutive days is hereby declared to be a threat to public safety and a nuisance. The City may proceed by a suit in equity to enjoin, prevent, abate and remove the same in the manner provided by law. (Ref. Neb. Rev. Stat. §17-123, 18-1720)
ARTICLE VI - TRAILER REGULATIONS
SECTION 5-601: TERMS DEFINED
The term "court" as used in this code shall mean and include any tract of land upon which are located two or more trailers or other temporary enclosures used for living purposes, whether a charge is made or not.
The term "trailer" as used in this code shall mean and include any vehicle commonly designated as such, also called "mobile home," and constructed to permit occupancy for sleeping, advertising, or business purposes, and so designed that it is or may be mounted on wheels and used as a conveyance on the public ways, and does not comply with the city building code.
The term "unit space" as used in this code shall mean and include the ground space that is actually set aside in a trailer court for the occupancy by and use of a trailer or other temporary dwelling.
SECTION 5-602: TRAILER COURTS; PERMIT REQUIRED
It shall be unlawful for any person to establish a trailer court within the City or within one-half mile beyond the corporate limits until he or she shall first obtain a permit for such purpose from the City Council. The city clerk shall provide permit application forms, which shall require: the name and address of the applicant; the name and residence of the proposed manager of the premises; the location and size of the court; a plat of the court showing the number and location of each unit space; the water service available; the toilet or sewer facilities available; the proposed means of disposing of garbage; the electrical current sources available; and the type of buildings proposed to be erected thereon.
Upon receipt of any such permit application, the city clerk shall furnish the city inspector with a copy of the said application. The city inspector shall then examine the premises involved and the proposed unit spaces for the purpose of determining whether the proposed court will violate any of the provisions of the municipal code or the laws of the State of Nebraska. The city inspector's findings shall then be submitted in writing to the City Council.
The City Council at its next regular meeting shall consider such application, and if the members find that all of the provisions of this ordinance are complied with, shall issue a permit for the operation of the trailer court. In the event that any of the provisions of this ordinance shall not be provided for in such permit application, then such trailer court permit shall not be issued until the City Council receives assurances that all provisions of this ordinance shall be complied with.
In the event that all of the terms and conditions of this ordinance have been
complied with and the City Council votes to permit such trailer court to exist,
then the city clerk shall issue a permit to such applicant, which permit shall
be for a one-year period, to be renewed annually.
SECTION 5-603: PERMIT RENEWAL
The annual fee for such permit shall be set by resolution of the City Council and shall be on file at the office of the city clerk. The same procedure shall apply for the renewal of a permit as was heretofore prescribed for the issuance of a permit. No permit shall be issued for any period longer than one year.
SECTION 5-604: ASSIGNING PERMIT PROHIBITED
It shall be unlawful to assign or transfer without the written consent of the city clerk and the authorization of the City Council any permit issued by the City for the purpose of allowing the operation of a trailer court.
SECTION 5-605: PERMIT REVOCATION
Any permit granted under the provisions of this code shall be subject to revocation at any time by the City Council. Notice shall be served by the city clerk upon the person holding such permit, setting forth the manner in which the owner or operator of the court has failed to comply with the provisions of this code and allowing him/her an opportunity for a hearing before the City Council at a day and hour therein specified. The said hearing shall be held not less than three days after the personal service of the said notice. The owner or operator shall then be required to show cause why the said permit should not be revoked. Any owner or operator allowed an appearance under the provisions herein shall have the right to be represented by counsel.
SECTION 5-606: UNIT SPACES
Each trailer home shall be located on a site not less than 1,000 square feet. No trailer home shall be parked closer than five feet to the lot lines of the trailer court without the permission of the City Council; provided, nothing herein shall be construed to allow any trailer to be parked or located in such a manner as to obstruct the traffic on or the use of any public way or public property, and in the event that the lot line is adjacent to the public ways and property, the trailer shall be parked not less than ten feet therefrom. Each unit space shall abut a driveway of not less than 20 feet in width and shall have unobstructed access to a public street or alley. There shall be an open space of at least ten feet between the ends of the trailers located thereon, and there shall be on each trailer space an additional parking space for one vehicle for each unit in said court.
SECTION 5-607: DRAINAGE
Every trailer court shall be located on a well-drained area and the premises of such shall be properly graded so as to prevent the accumulation of stagnant water thereon.
SECTION 5-608: PLUMBING FACILITIES
The owner or operator of a trailer court shall make available connections with the sewer system for the trailer homes thereon unless other arrangements are agreed to in writing by the City Council.
SECTION 5-609: WASTE DISPOSAL
For garbage and refuse collection, tight receptacles of the type permitted for use within the City shall be provided for each unit space within the trailer court.
SECTION 5-610: ELECTRICAL SUPPLY
Each unit space within the trailer court shall be provided with an electrical service outlet installed and maintained in accordance with the current issue of the National Electrical Code.
SECTION 5-611: UNLAWFUL PARKING
It shall hereafter be unlawful for any person to place, allow to be placed, or occupy for any purpose a trailer home within the City or two miles beyond the corporate limits unless the same shall be located within the boundaries of a duly established trailer court. Modular homes shall not be subject to this prohibition if they have their towing tongue and axles removed and are placed on a permanent concrete or concrete block foundation.
SECTION 5-612: CONVERSION
It shall be unlawful for any person to remove the wheels or transporting device from any trailer or to otherwise affix the said trailer to the ground without first obtaining a written permit from the City Council; provided, the trailer so converted shall be subject to all rules and regulations prescribed herein for other habitable dwellings. Applications for such permits shall be made through the city clerk.
SECTION 5-613: COURTS LIMITED
There shall be a limit of three trailer home courts which shall be licensed within the City or within two miles beyond the corporate limits.
SECTION 5-614: LIABILITY
The owner of the property upon which any trailer or trailer court is located shall be primarily liable for any violations of the provisions of this article and shall also be primarily liable for the cost of any and all utility services provided by the City to the owner or occupant of a trailer located thereon.
SECTION 5-615: INSPECTIONS
It shall be the duty of the owner, manager, or occupants of any public trailer court to allow any city officials to enter upon the premises for the purpose of inspection at any reasonable time.
ARTICLE VII - RAILROAD COMPANIES
SECTION 5-701: DRAINAGE
Any railroad company doing business within the City shall construct and keep in repair ditches, drains and culverts along and under its railroad tracks at all places within the City where the same may be necessary for the escape of water and the proper draining of the areas on either side of the tracks. When any such drainage, ditch or culvert may be necessary, the City Council may, by resolution, call upon the proper company to construct or repair the ditch, drain or culvert and to put the same in a proper condition for the escape of water. A copy of such resolution shall be served upon the local agent of the company. The provisions of the resolution shall be carried out within 14 days, and failure thereof for each 24-hour period thereafter shall constitute a separate and distinct offense.
SECTION 5-702: SAFE CROSSINGS
It shall be the duty of every railroad company doing business in or traveling through the City to keep in a suitable and safe condition the crossings and right-of-way in the City. If any such crossing shall at any time fall into disrepair and become unsafe or inconvenient for public travel, the City Council may, by resolution, call upon the said company to make whatever repairs that they may deem necessary to correct the dangerous condition. Notice of the said resolution shall be served upon the local agent of the said company. In the event that the railroad shall fail or neglect to repair and correct the said condition as aforesaid within 48 hours, neglect for each 24 hours thereafter shall be deemed and is hereby made a separate and distinct offense against the provisions herein. (Ref. Neb. Rev. Stat. §16-212)
SECTION 5-703: SPEED
It shall be unlawful for any railroad company, its employees, agents or servants to operate a railroad engine, locomotive or other vehicle on its tracks within or through the City at a speed in excess of 45 miles per hour.
SECTION 5-704: OBSTRUCTING TRAFFIC
It shall be unlawful for any railroad company, its employees, agents or servants operating a railroad through the City to obstruct traffic on any public street, except in the event of an emergency, for a period longer than 15 minutes at one time.
SECTION 5-705: OBSTRUCTING VIEW AT CROSSING PROHIBITED
It shall be unlawful for any railroad company to obstruct or obscure the traveling public’s view by storing or parking any railroad car on a railroad track within 25 feet of the crossing of any such railroad track and a public road within the corporate limits of the City; provided, however, in no instance shall any person who is authorized to control the movement of such railroad car within such distance be prevented from reasonably conducting his/her business. (Ref. Neb. Rev. Stat. §16-212)
SECTION 5-801: DEFINITIONS
"Junk" as used in this article shall include scrap metals; scrap materials, whether liquids, solids, or gases; branches of trees; and dismantled or wrecked automobiles, tractors and machinery or parts thereof.
"Junk collector" shall be construed to mean any person going from place to place or house to house collecting or buying iron, copper, brass and zinc scraps, rags, bottles or old paper, and selling the same to a junk dealer.
"Junk dealer" is hereby defined as meaning and including any person engaged in the business of buying, selling, receiving, collecting or dealing in metals of any kind and in any form including scrap iron, bottles, rags and used tires; the dismantling or taking apart of automobiles, other than for repair, or the wrecking of automobiles; the storage of automobiles unfit for operation; the storage of automobile bodies and parts thereof; the storage of automobiles or parts thereof kept for salvage; the storage of scraps from automobiles; and/or the storage of iron, metals or junk.
"Junk yard" is hereby defined as meaning and shall include any place in the City where or from which any person shall conduct, engage in and/or carry on the business of junk dealer as herein defined.
SECTION 5-802: REGULATION
It shall be unlawful for any person to own, operate or hold open for public use any junk yard as herein defined without first obtaining a license to do so from the City. Application for a license to own, operate or hold open for public use any junk yard shall be made in writing to the city administrator and shall require such information and documents, or copies thereof, that the city administrator deems necessary to determine whether to grant or reject the said application. Upon approval of the application, the city clerk shall issue the license upon the payment of a fee set by resolution of the City Council. The licensee shall then be subject to the city zoning ordinance and any occupation taxes, bond requirements and other rules and regulations which the City Council may determine to be beneficial to the City. Any such bond shall be set by resolution of the City Council and will be conditioned upon the faithful observance of the provisions of this Code. The bond shall be held for the benefit of any person who may suffer damage by the improper management of the said junk yard.
SECTION 5-803: OWNER'S RESPONSIBILITY
The owner of the premise upon which a junk yard is located shall be equally responsible with the operator, director or employee thereof to see that the provisions of this Code will not be violated. In the event the provisions of this Code are violated, he/she shall be equally liable with the operator, director or employee for the said violation of the provisions herein.
SECTION 5-804: INSPECTIONS; NOTICE OF HEALTH HAZARD
The city police or health official shall have the power and authority to inspect and examine the premise on which a junk yard is located; provided that the said inspection is at a reasonable time. Upon a finding that the owner, operator, director or employee has allowed a health or safety hazard to develop, the health official or city police shall give written notice to the owner to remove the said health hazard within 30 days.
SECTION 5-805: NUISANCE
Any junk yard that becomes a danger to the public health or is not operated in the manner herein provided shall be deemed to be a public nuisance after the 30 days grace period as provided in Section 5-804. The city police or health official shall then request the city attorney to prosecute the owner, operator, director or employee of the said junk yard for violation of the provisions of this article.
SECTION 5-806: RECORDS
Any person who shall be engaged in the junk business shall keep a book which shall be legibly written in ink at the time of any purchase of goods or articles at the time the same are received and the name, residence, and description of the person doing the selling. The said book, as well as the articles purchased, shall, at all reasonable times, be subject to the inspection of the city police or city administrator.
SECTION 5-807: RODENTS
Any person who owns, operates, directs or is employed at a junkyard shall make a diligent and continuous effort to exterminate all rats, mice and other harmful rodents frequenting the said junk yard.
SECTION 5-808: ADDITIONAL JUNKYARDS PROHIBITED
There shall be no additional junk yards licensed within the City or within the two-mile zoning jurisdiction of the City.
SECTION 5-901: PARTICIPATION; RESTRICTIONS
1. No person under 19 years of age shall play or participate in
any way in the lottery established and conducted by the City.
2. No owner or officer of a lottery operator with whom the City contracts to
conduct its lottery shall play any lottery conducted by the City. No owner or
officer of an authorized sales outlet location for the City shall play any lottery
conducted by the City. No employee or agent of the City, lottery operator, or
authorized sales outlet location shall play the lottery of the City for which
he/she performs work during such time as he/she is actually working at such
lottery or while on duty.
3. Nothing shall prohibit any member of the City Council, a city official, or
the immediate family of such member or official from playing the lottery conducted
by the City; provided that such person is 19 years of age or older.
4. For purposes of this section, immediate family shall mean (a) a person who
is related to the member or official by blood, marriage, or adoption and resides
in the same household, or (b) a person who is claimed by the member or official,
or spouse of the member or official as a dependent for federal income tax purposes.
(Ref. Neb. Rev. Stat. §9-646)
ARTICLE X - TOBACCO AND TOBACCO PRODUCTS SALES
SECTION 5-1001: DEFINITIONS
"Business" means any sole proprietorship, joint venture, corporation or other business entity, including retail establishments where goods or services are sold.
"Minor" means any person under 18 years of age.
"Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.
"Self-service merchandising" means any open display of tobacco or tobacco products and point-of-sale tobacco-related promotional products to which customers have access without the assistance or intervention of an employee.
"Tobacco product" means any tobacco cigarette or cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other means of ingestion.
"Tobacco retailer" means any person or entity operating a store, stand, booth, concession or other place which sells tobacco or tobacco products to customers for consumption or use, whether utilized primarily for the sale of tobacco or tobacco products or in which the sale of tobacco or tobacco products is incidental.
"Tobacco vending machine" means any electronic or mechanical device utilizing the insertion of money, whether coin or paper currency, or other things of value, which dispenses or releases tobacco or tobacco products.
"Vendor-assisted access" means access to tobacco or tobacco products only with the assistance of a store employee so that customers do not have direct access to take possession without assistance form a store employee.
SECTION 5-1002: PROHIBITED ACTS; EXCEPTION
1. No person may (a) sell, permit to be sold, or offer for sale tobacco or tobacco products by means other than vendor-assisted access, or (b) display tobacco or tobacco products in a manner allowing customers access to tobacco or tobacco products without vendor assistance.
2. No person subject to this ordinance shall sell, offer to sell or permit to be sold any tobacco or tobacco product to an individual without requesting and examining identification establishing the purchaser's age as 18 years or greater.
3. This ordinance shall not apply to tobacco vending machine regulated by Nebraska state law, tobacco retail stores or to any business, retailer or establishment which is licensed by the Nebraska Liquor Control Commission for a dispensing license and required to be posted preventing any minors from access to the premises, nor shall this ordinance apply to other forms of sale or distribution which is specifically allowed by federal or state law. This exception shall not apply to the sale of tobacco or tobacco products by vending machine or other similar distribution method which is not regulated by the Nebraska Liquor Control Commission or by other state or federal laws.
SECTION 5-1003: DUTIES
Any person selling or tobacco products shall:
1. Post plainly visible signs at points of purchase or display of tobacco or tobacco products stating that the sale of tobacco or tobacco products to persons under the age of 18 is prohibited and that photo identification is required for purchase.
2. Request identification from any person buying tobacco or tobacco products which shows the purchaser is of legal age unless the seller has a reasonable basis for determining that the buyer is of legal age to purchase tobacco or tobacco products.
3. Except as otherwise provided in this article, vendors of tobacco
or tobacco products shall eliminate self-service merchandising.
SECTION 5-1101: 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.