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Village info :

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TITLE XI: BUSINESS REGULATIONS


Chapter

110. MISCELLANEOUS


111. SALES AND ADVERTISING


112. ALCOHOLIC BEVERAGES


113. FAIR HOUSING






CHAPTER 110: MISCELLANEOUS



Section

Miscellaneous Business Regulations

110.01 Junk yard

110.02 Slaughterhouse

110.03 Plumbers

110.04 Electricians

110.05 Building moving

110.06 Tobacco vendor; sale to minor

110.07 Firearms vendor; sale to minor

110.08 Dispensing tobacco products from vending machines

110.09 Tobacco; license, application; fee


Occupation Taxes

110.20 Amounts

110.21 Collection date

110.22 Certificate

110.23 Failure to pay


Lottery

110.35 Conduct

110.36 Compliance with laws

110.37 Participation; restrictions


110.99 Penalty






MISCELLANEOUS BUSINESS REGULATIONS



' 110.01 JUNK YARD.


(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

JUNK. Includes scrap metals, scrap materials, whether they are liquids, solids or gases, branches of trees, and dismantled or wrecked automobiles, tractors and machinery or parts thereof. (1971 Code, ' 10-401)

JUNK YARD. The use of any lot, tract of land, building, structure or part thereof for the storage, collection, depositing, keeping, abandonment, barter or sale of junk as herein defined. (1971 Code, ' 10-402)

(B) Junk yard prohibited. It shall be unlawful for any person to own or operate a junk yard as defined herein whether for gain or otherwise within the corporate limits. (1971 Code, ' 10-403)

(C) Owner=s responsibility. The owner of the premises upon which a junk yard is located shall be equally responsible with the operator, director or employee thereof and in the event the provisions of this code are violated, he or she shall be equally liable with the operator, director or employee for the said violation of the provisions herein. (1971 Code, ' 10-404) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 17-207


' 110.02 SLAUGHTERHOUSE.


It shall be unlawful for any person or persons to own, operate or hold open for public or private use any slaughter house or feed lot within the corporate limits. (1971 Code, ' 10-405) Penalty, see ' 110.99


' 110.03 PLUMBERS.




(A) It shall be unlawful for any persons or persons to engage in the business of plumbing as a master, or contracting plumber, or do any work connected with the laying of drain pipe until such person, or persons, shall have first obtained from the Municipal Clerk a master plumber=s license, or in the case of a nonresident, shall, first have obtained a job permit. Application for a master plumber=s license or job permit shall be in writing upon blanks furnished by the Municipal Clerk, and shall require such information as the governing body deems necessary to ascertain the propriety of granting the said license.

(B) The licensee shall be subject to any occupation taxes, bond requirements and other rules and regulations which the governing body shall determine to be beneficial to the municipality. Any license so issued may be revoked at any time by the governing body. (1971 Code, ' 10-406) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 18-1901 through 18-1919


' 110.04 ELECTRICIANS.


It shall be unlawful for any person to engage in the business of installing electric wiring or apparatus within any building in the municipality without first obtaining from the Municipal Clerk a master electrician=s license or job permit if the applicant holds a state license. Application for a master electrician=s license or job permit shall be in writing upon forms furnished by the Municipal Clerk and shall require such information and documents, or copies thereof, as the governing body deems necessary to ascertain the propriety of granting the said license. Upon the satisfaction of the Municipal Clerk and the governing body of the applicant=s competence, the governing body shall direct the Municipal Clerk to grant the license or permit after the payment of a fee set by resolution of the governing body. All licensees, whether licensed by the state or municipality, shall be subject to any occupation taxes, bond, requirements and other rules and regulations which the governing body may determine to be beneficial to the municipality; provided, state licenses shall not be subject to any municipal regulations pertaining to workman qualifications: any license issued by the municipality may be revoked at any time by the governing body. (1971 Code, ' 10-407) (Ord. 300, passed 5-7-1974) Penalty, see ' 110.99


' 110.05 BUILDING MOVING.




(A) Regulation. It shall be unlawful for any person, firm or corporation to move any building or structure within the municipality without written permit to do so. Application may be made to the Municipal Clerk, and shall include present and future location of the building to be moved, the proposed route, the equipment to be used and such other information as the governing body may require. The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which the said building is presently located. The Municipal Clerk shall refer the said application to the Village Marshal for approval of the proposed route over which the said building is to be moved. Upon his or her approval, or the approval of the governing body, the Municipal Clerk shall then issue the said permit; provided, that a good, and sufficient corporate surety bond, check or cash in an amount set by motion of the governing body and conditioned upon moving said building without doing damage to any private or municipal property is filed with the Municipal Clerk prior to the granting of any permit. No permit shall be required to move a building that is ten feet wide, or less, and 20 feet long, or less, and when in a position to move, 15 feet high or less. In the event it will be necessary for any licensed building mover to interfere with the telephone or telegraph poles and wires, or a gas line, the company or companies owning, using or operating the said poles, wires or line shall, upon proper notice of at least 24 hours, be present and assist by disconnecting the said poles, wires or line relative to the building moving operation. All expense of the said disconnection, removal or related work shall be paid in advance by the licensee unless such disconnection or work is furnished on different terms as provided in the said company=s franchise. Whenever the moving of any building necessitates interference with a water main, sewer main, pipes or wire belonging to the municipality, notice in writing of the time and route of the said building moving operation shall be given to the various municipal officials in charge of the municipal utility departments who shall proceed in behalf of the municipality and at the expense of the mover to make such disconnections and do such work as is necessary. (1971 Code, ' 10-408)

(B) Permit. At such time as the building moving has been completed, the municipal police shall inspect the premises and report to the Municipal Clerk as to the extent of damages, if any resulting from the said relocation and whether any municipal laws have been violated during the said operation. Upon a satisfactory report from the municipal police, the Municipal Clerk shall return the corporate surety bond, cash or check deposited by the applicant. In the event the basement, foundation or portion thereof is not properly filled, covered or in a clean and sanitary condition, the governing body may apply the money deposited for the purpose of defraying the expense of correcting the said conditions. If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the governing body, as required herein, the governing body may recover such excess expense by civil suit or otherwise as prescribed by law. (1971 Code, ' 10-409) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 17-207


' 110.06 TOBACCO VENDOR; SALE TO MINOR.


It shall hereafter be unlawful for any person or persons to sell cigars, cigarettes, cigarette material or other tobacco in any form to any person under the age of 18 years. (1971 Code, ' 10-410) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 28-1021


' 110.07 FIREARMS VENDOR; SALE TO MINORS.




It shall be unlawful for any person or persons to sell, convey or deliver any firearm, except top cap pistols which explode caps that contain less than 0.25 of a gram of explosive materials, to a minor under the age of 18 years without oral, or written permission from the parents, or legal guardian. It shall be further unlawful for any person or persons to sell, convey or deliver to any minor under the age of 18 years a pistol, except as herein provided. (1971 Code, ' 10-411) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 28-1011.10


' 110.08 DISPENSING TOBACCO PRODUCTS FROM VENDING MACHINES.


(A) Except as provided in division (B) below, it shall be unlawful to dispense cigarettes or other tobacco products from a vending machine or similar device.

(B) Cigarettes or other tobacco products may be dispensed from a vending machine or similar device when such machine or device is located in an area, office, business, plant or factory which is not open to the general public or on the licensed premises of any establishment having a license issued under the Nebraska Liquor Control Act for the sale of alcoholic liquor for consumption on the premises when such machine or device is located in the same room in which the alcoholic liquor is dispensed. (1971 Code, ' 10-412) (Ord. 511, passed 4-12-1993) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 28-1429.02


' 110.09 TOBACCO; LICENSE, APPLICATION; FEE.


Every person, partnership, limited liability company or corporation desiring a license to sell tobacco at retail shall file with the Municipal Clerk a written application on forms provided by the municipality, 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 shall deposit with the application a license fee in the amount of $10. If the applicant is an individual, the application shall include the applicant=s Social Security number. (1971 Code, ' 10-1001) (Ord. 625, passed 10-12-1998) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 28-1422, 28-1423





OCCUPATION TAXES



' 110.20 AMOUNTS.


For the purpose of raising revenue, an occupation tax is hereby levied on the following businesses:

(A) Retail liquor (including beer) (nonprofit) (per year): $50;

(B) Retail liquor (including beer) (per year): $150;

(C) Retail beer only (per year): $50; and

(D) Billiard, pool and recreation halls (per year): $35. (1971 Code, ' 10-801) (Ord. 401, passed 6-11-1984; Ord. 405, passed 3-8-1985) Statutory reference: Similar provisions, see Neb. RS 17-525


' 110.21 COLLECTION DATE.


(A) All occupation taxes shall be due and payable on April 30 of each year, and upon the payment thereof by any person or persons to the Municipal Clerk, said Clerk shall give a receipt properly dated and specifying the person paying the said tax and the amount paid.

(B) The revenue collected shall be immediately deposited into the General Fund.

(C) All forms and receipts herein mentioned shall be issued in duplicate.

(D) One copy shall be kept by each party to the transaction. (1971 Code, ' 10-802) (Ord. 401, passed 6-11-1984) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 17-525


' 110.22 CERTIFICATE.


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. (1971 Code, ' 10-803) (Ord. 401, passed 6-11-1984) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 17-525



' 110.23 FAILURE TO PAY.


If any person, company or corporation fails or neglects to pay the occupation taxes as provided herein on the day they become due and payable, the municipality 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. (1971 Code, ' 10-804) (Ord. 401, passed 6-11-1984) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 17-525



LOTTERY



' 110.35 CONDUCT.


The conduct of lottery within the corporate limits of the village by use of a game known as Keno under the provisions of the Nebraska County and City Lottery Act, being Neb. RS 9-601 through 9-653 is authorized. Such games shall be conducted only by entities possessing a valid license issued by the Nebraska Department of Revenue, and only during the term of a valid Lottery Operator Agreement with the village, the Board of Trustees may approve such Lottery Operator Agreements by resolution. (1971 Code, ' 10-901) (Ord. 519, passed 6-13-1994) Penalty, see ' 110.99


' 110.36 COMPLIANCE WITH LAWS.


All aspects of the conduct of a Keno lottery within the corporate limits of the village shall be conducted in strict compliance with the provisions of the Nebraska County and City Lottery Act, the regulations promulgated by the Nebraska Department of Revenue and the terms of the Lottery Operator Agreement with the village. (1971 Code, ' 10-902) (Ord. 519, passed 6-13-1994) Penalty, see ' 110.99


' 110.37 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 municipality.

(B) No owner or officer of a lottery operator with whom the municipality contracts to conduct its lottery shall play the lottery conducted by the municipality.

(1) No owner or officer of an authorized sales outlet location for the municipality shall play in the lottery conducted by the municipality.



(2) No employee or agent of the municipality, lottery operator or authorized sales outlet location shall play the lottery of the municipality for which he or she performs work during such time as he or she is actually working at such lottery or while on duty.

(C) Nothing shall prohibit any member of the governing body, a municipal official or the immediate family of such member or official from playing the lottery conducted by the municipality as long as such person is 19 years of age or older.

(D) No person, or employee or agent of any person or the municipality, shall knowingly permit an individual under 19 years of age to play or participate in any way in the lottery conducted by the municipality.

(E) For purposes of this section, IMMEDIATE FAMILY OF A MEMBER OF THE GOVERNING BODY OR A MUNICIPAL OFFICIAL shall mean: a person who is related to the member or official by blood, marriage or adoption and resides in the same household; or a person who is claimed by the member or official, or the spouse of a member or official, as a dependent for federal income tax purposes. (1971 Code, ' 10-903) (Ord. 519, passed 6-13-1994; Ord. 624, passed 10-12-1998) Penalty, see ' 110.99 Statutory reference: Similar provisions, see Neb. RS 9-646



' 110.99 PENALTY.


(A) 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 for each offense.

(B) A new violation shall be deemed to have been committed every 24 hours of such failure to comply. (1971 Code, ' 10-1101)



CHAPTER 111: SALES AND ADVERTISING



Section

Peddlers and Solicitors

111.01 Definitions

111.02 License required

111.03 Application procedure

111.04 Standards for issuance

111.05 Revocation procedure

111.06 Standards for revocation

111.07 Appeal procedure

111.08 Exhibition of identification

111.09 Policy on soliciting

111.10 Notice regulating soliciting

111.11 Posted notice; solicitors to comply

111.12 Prohibited solicitation





PEDDLERS AND SOLICITORS



' 111.01 DEFINITIONS.


For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.

GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.

ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the village and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the village.



PEDDLER. Any person, not an itinerant merchant, who:

(1) Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or

(2) Without traveling from place to place, sells or offers goods for sale from any public place within the village.

SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.


' 111.02 LICENSE REQUIRED.


(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the village.

(B) The fee for the license required by this chapter shall be as set from time to time by the village.

(C) No license issued under this chapter shall be transferable.

(D) All licenses issued under this chapter shall expire 90 days after the date of issuance thereof. Penalty, see ' 10.99


' 111.03 APPLICATION PROCEDURE.


(A) All applicants for licenses required by this chapter shall file an application with the Village Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:

(1) The name and address of the applicant;

(2) (a) The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the village;

(b) The local address of such individual;

(c) The permanent address of such individual;

(d) The capacity in which such individual will act;



(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;

(4) The time period or periods during which it is proposed to carry on applicant's business;

(5) (a) The nature, character, and quality of the goods or services to be offered for sale or delivered;

(b) If goods, their invoice value and whether they are to be sold by sample as well as from stock;

(c) If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;

(6) The nature of the advertising proposed to be done for the business;

(7) Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.

(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:

(1) A description of the applicant;

(2) A description of any vehicle proposed to be used in the business, including its registration number, if any.

(C) All applicants for licenses required by this chapter shall attach to their application, if required by the village, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

(D) Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than 10 days prior to the date of application, certifying the applicant to be free of contagious or communicable disease. Penalty, see ' 10.99


' 111.04 STANDARDS FOR ISSUANCE.


(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.



(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant:

(1) Has been convicted of a crime of moral turpitude; or

(2) Has made willful misstatements in the application; or

(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or

(4) Has committed prior fraudulent acts; or

(5) Has a record of continual breaches of solicited contracts;

will constitute valid reasons for disapproval of an application.


' 111.05 REVOCATION PROCEDURE.


Any license or permit granted under this chapter may be revoked by the Village Clerk after notice and hearing, pursuant to the standards in ' 111.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his last known address, at least 10 days prior to the date set for the hearing.


' 111.06 STANDARDS FOR REVOCATION.


A license granted under this chapter may be revoked for any of the following reasons:

(A) Any fraud or misrepresentation contained in the license application; or

(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license; or

(C) Any violation of this chapter; or

(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or

(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.




' 111.07 APPEAL PROCEDURE.


(A) Any person aggrieved by a decision under '' 111.04 or 111.06 shall have the right to appeal to the Board of Trustees. The appeal shall be taken by filing with the Board of Trustees, within 14 days after notice of the decision has been mailed to such person's last known address, a written statement setting forth the grounds for appeal. The Board of Trustees shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in ' 111.05.

(B) The order of the Board of Trustees after the hearing shall be final.


' 111.08 EXHIBITION OF IDENTIFICATION.


(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than one place within the village shall be used to conduct the business licensed, separate licenses shall be issued for each place.

(B) The Village Clerk shall issue a license to each peddler or solicitor licensed under this chapter. The license shall contain the words ALicensed Peddler@ or ALicensed Solicitor,@ the expiration date of the license, and the number of the license. The license shall be kept with the licensee during such time as he is engaged in the business licensed. Penalty, see ' 10.99


' 111.09 POLICY ON SOLICITING.


It is hereby declared to be the policy of the village that the occupants of the residences in the village shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences.


' 111.10 NOTICE REGULATING SOLICITING.


(A) Notice of the refusal of invitation to solicitors, to any residence, shall be given on a weatherproof card, approximately 3 inches by 4 inches in size, exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

ANO SOLICITORS INVITED@


(B) The letters shall be at least 1/3-inch in height.

(C) The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.



' 111.11 POSTED NOTICE; SOLICITORS TO COMPLY.


(A) It shall be the duty of every solicitor upon going onto any premises in the village upon which a residence is located to first examine the notice provided for in ' 111.10 if any is attached, and be governed by the statement contained on the notice. If the notice states ANO SOLICITORS INVITED,@ then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.

(B) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Penalty, see ' 10.99


' 111.12 PROHIBITED SOLICITATION.


It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of ' 111.10 above. Penalty, see ' 10.99



CHAPTER 112: ALCOHOLIC BEVERAGES



Section

General Provisions

112.01 Definitions

112.02 Sale or gift to minor or mentally incompetent person prohibited

112.03 Consumption in public places or places open to the public; restrictions

112.04 Removal of intoxicated persons from public or quasi-public property


Licenses Required

112.20 Manufacture, sale, delivery, and possession; general prohibitions; exceptions

112.21 Acquisition and possession; restrictions

112.22 Licensee requirements

112.23 Licenses; village powers and duties

112.24 Licensed premises; inspections

112.25 License renewal; village powers and duties

112.26 Catering licenses

112.27 Display of license

112.28 Owner of premises or agent; liability

112.29 Licensee; liability for acts of officer, agent, or employee

112.30 Citizen complaints


Retail Establishments

112.45 Location

112.46 Access to dwellings

112.47 Sanitary conditions

112.48 Hours of sale

112.49 Credit sales prohibited

112.50 Original package required

112.51 Minor=s presence restricted

112.52 Keg sales; requirements; prohibited acts






GENERAL PROVISIONS



' 112.01 DEFINITIONS.


For purposes of this chapter, the definitions found in Neb. RS 53-103.01 through 53-103.42 shall be used.


' 112.02 SALE OR GIFT TO MINOR OR MENTALLY INCOMPETENT PERSON

PROHIBITED.


No person shall sell, furnish, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent. (Neb. RS 53-180) Penalty, see ' 10.99


' 112.03 CONSUMPTION IN PUBLIC PLACES OR PLACES OPEN TO THE PUBLIC;

RESTRICTIONS.


(A) Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2) or as provided in Neb. RS 60-6,211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property. (Neb. RS 53-186)

(B) It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued 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, or 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 or to limousines or buses operated under Neb. RS 60-6,211.08. (Neb. RS 53-186.01)


' 112.04 REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR

QUASI-PUBLIC PROPERTY.




(A) 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 the intoxicated person to his or her home or to place the person in any hospital, clinic, alcoholism center, or with a medical doctor as may be necessary to preserve life or to prevent injury. The effort at placement shall be deemed reasonable if the officer contacts such facilities or doctor which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals. If these efforts are unsuccessful or are not feasible, the officer may then place the 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.

(B) The placement of the person in civil protective custody shall be recorded at the facility or jail at which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to the 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 these 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 the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park, or other state, county, or village-owned property.

QUASI-PUBLIC PROPERTY. 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. RS 53-1,121) Penalty, see ' 10.99



LICENSES REQUIRED



' 112.20 MANUFACTURE, SALE, DELIVERY, AND POSSESSION; GENERAL

PROHIBITIONS; EXCEPTIONS.


(A) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish, or possess any alcoholic liquor for beverage purposes except as specifically provided in this chapter and the Nebraska Liquor Control Act.



(B) Nothing in this chapter shall prevent:

(1) The possession of alcoholic liquor legally obtained as provided in this chapter or the Act for the personal use of the possessor and his or her family or guests;

(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 that hospital or other institution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of licensed physicians;

(4) The possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship, for the purpose of conducting any bona fide religious rite, ritual, or ceremony;

(5) 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;

(6) Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;

(7) 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;

(8) Persons who are 16 years old or older from completing a transaction for the sale of alcoholic liquor in the course of their employment if they are not handling or serving alcoholic liquor; or

(9) Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment. (Neb. RS 53-168.06) Penalty, see ' 10.99


' 112.21 ACQUISITION AND POSSESSION; RESTRICTIONS.




(A) 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 this chapter and the Nebraska Liquor Control Act unless within specific exemptions or exceptions provided in this chapter or the Act. (Neb. RS 53-175)

(B) (1) Except as otherwise provided in this section, it shall be unlawful for any person to transport, import, bring, ship, or cause to be transported, imported, brought, or shipped into this state for the personal use of the possessor, his or her family, or guests a quantity of alcoholic liquor in excess of nine liters in any one calendar month.

(2) Division (B)(1) of this section does not apply to a person importing alcoholic liquor from a holder of a retail direct sales shipping license or its equivalent, which alcoholic liquor is for personal use or for use by such person=s family or guests, if the total amount imported by such person in any one calendar year does not exceed 108 liters. (Neb. RS 53-194.03) Penalty, see ' 10.99


' 112.22 LICENSEE REQUIREMENTS.


(A) No license shall be issued to:

(1) A person who is not a resident of this state, except in case of railroad, airline, or boat licenses;

(2) A person who is not of good character and reputation in the community in which he or she resides;

(3) A person who is not a resident of this state and legally able to work in this state;

(4) A person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States;

(5) A person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant Neb. RS Chapter 28, art. 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state, except that any additional requirements imposed by this division on May 18, 1983, shall not prevent any person holding a license on that date from retaining or renewing that license if the conviction or plea occurred prior to May 18, 1983;

(6) A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause;

(7) A person who at the time of application for renewal of any license issued under the Act would not be eligible for that license upon initial application;



(8) A partnership, unless 1 of the partners is a resident of this state and unless all the members of that partnership are otherwise qualified to obtain a license;

(9) A limited liability company, unless 1 of the members is a resident of this state and unless all the members of that company are otherwise qualified to obtain a license;

(10) A corporation, if any officer or director of the corporation or any stockholder owning in the

aggregate more than 25% of the stock of that corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in divisions (A)(1) and (A)(3) of this section, or if a manager of a corporate licensee would be ineligible to receive a license under this section for any reason. This division shall not apply to railroad licenses;

(11) A person whose place of business is conducted by a manager or agent, unless that manager

or agent possesses the same qualifications required of the licensee;

(12) A person who does not own the premises for which a license is sought or does not have a

lease or combination of leases on the premises for the full period for which the license is to be issued;

(13) Except as provided in this division, an applicant whose spouse is ineligible under this section

to receive and hold a liquor license. Such an applicant shall become eligible for a liquor license only if the Nebraska Liquor Control Commission finds from the evidence that the public interest will not be infringed upon if the license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license, the applicant is also ineligible to receive a liquor license. This prima facie evidence shall be overcome if it is shown to the satisfaction of the Commission:

(a) The licensed business will be the sole property of the applicant; and

(b) The licensed premises will be properly operated.

(14) A person seeking a license for premises which do not meet standards for fire safety as

established by the State Fire Marshal;

(15) A law enforcement officer, except that this division shall not prohibit a law enforcement

officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization; or

(16) A person less than 21 years of age.


(B) When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or person who is mentally incompetent. (Neb. RS 53-125)




' 112.23 LICENSES; VILLAGE POWERS AND DUTIES.


(A) The Board of Trustees 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. RS 53-134.03)

(B) During the period of 45 days after the date of receipt by mail or electronic delivery from the Nebraska Liquor Control Commission notice and a copy of an application for a new license to sell alcoholic liquor at retail, a craft brewery license, or a microdistillery license, the Board of Trustees may make and submit to the Commission recommendations relative to the granting or refusal to grant the license to the applicant. (Neb. RS 53-131)

(C) The Board of Trustees, 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 microdistillery licenses:

(1) To cancel or revoke for cause retail, craft brewery, or microdistillery licenses to sell or dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of appeal to the Nebraska Liquor Control Commission;

(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control 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 Board of Trustees has been or is being violated, and at that time examine the premises of the licensee in connection with such determination. Any law enforcement officer who determines that 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 local governing body has been or is being violated shall report such violation in writing to the Executive Director of the Commission:

(a) Within 30 days after determining that such violation has occurred;

(b) Within 30 days after the conclusion of an ongoing police investigation; or

(c) Within 30 days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later;

(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 these complaints in the manner provided in the Act;



(4) To receive retail, craft brewery, and microdistillery license fees as provided in Neb. RS 53-124 and 53-124.01 and pay the same, after the license has been delivered to the applicant, to the Village Treasurer;

(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 Board of Trustees 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 ' 112.30, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. The 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. The Commission shall handle the appeal in the manner provided for hearing on an application in Neb. RS 53-133; and

(7) Upon receipt from the Commission of the notice and copy of application as provided in Neb. RS 53-131, to fix a time and place for a hearing at which the Board of Trustees 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 the 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. The notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the Board of Trustees in support of or in protest against the issuance of the license may do so at the time of the hearing. The hearing shall be held not more than 45 days after the date of receipt of the notice from the Commission, and after the hearing the Board of Trustees shall cause to be recorded in the minute record of its proceedings a resolution recommending either issuance or refusal of the 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. (Neb. RS 53-134)

(D) (1) When the Nebraska Liquor Control Commission mails or delivers to the Village Clerk a retail, craft brewery, or microdistillery license issued or renewed by the Commission, the Clerk shall deliver the license to the licensee upon receipt from the licensee of proof of payment of:

(a) The license fee if by the terms of Neb. RS 53-124 the fee is payable to the Village Treasurer;



(b) Any fee for publication of notice of hearing before the Board of Trustees upon the application for the license;

(c) The fee for publication of notice of renewal, if applicable, as provided in Neb. RS 53-135.01; and

(d) Occupation taxes, if any, imposed by the village, except that Class J retail licensees shall not be subject to occupation taxes.

(2) 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 that license. (Neb. RS 53-132)


' 112.24 LICENSED PREMISES; INSPECTIONS.


The Board of Trustees shall cause frequent inspection to be made on the premises of all retail licensees. If it is found that any such licensee is violating any provision of this chapter, the Nebraska Liquor Control Act, or the rules and regulations of the Nebraska Liquor Control Commission, or is failing to observe in good faith the purposes of this chapter or 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. RS 53-116.01)


' 112.25 LICENSE RENEWAL; VILLAGE POWERS AND DUTIES.


(A) A retail license issued by the Nebraska Liquor Control Commission and outstanding may be automatically renewed by the Commission in the absence of a written request by the Board of Trustees to require the licensee to submit an application for renewal. Any licensed retail premises located in an area which is annexed to the village shall file a formal application for a license, and while the application is pending, the licensee may continue all license privileges until the original license expires or is canceled or revoked. If that license expires within 60 days following the annexation date of the area, the license may be renewed by order of the Commission for not more than 1 year. (Neb. RS 53-135)



(B) The Village Clerk shall cause to be published in a legal newspaper in or of general circulation in the village, 1 time between January 10 and January 30 of each year, individual notice in the form prescribed by law of the right of automatic renewal of each retail liquor and beer license within the village, except that notice of the right of automatic renewal of Class C licenses shall be published between the dates of July 10 and July 30 of each year. If written protests to the issuance of automatic renewal of a license are filed in the office of the Village Clerk by 3 or more residents of the village on or before February 10, or August 10 for Class C licenses, the Board of Trustees shall hold a hearing to determine whether continuation of the license should be allowed. Upon the conclusion of any hearing required by this section, the Board of Trustees may request a licensee to submit an application as provided in Neb. RS 53-135. (Neb. RS 53-135.01)


' 112.26 CATERING LICENSES.


(A) The holder of a license to sell alcoholic liquor at retail issued under Neb. RS 53-124, a craft brewery license, a microdistillery license, or a farm winery license may obtain an annual catering license by filing an application and license fee with the Nebraska Liquor Control Commission.

(B) Upon receipt from the Commission of the notice and a copy of the application as provided in Neb. RS 53-124.12, the Board of Trustees shall process the application in the same manner as provided in ' 112.23.

(C) The Board of Trustees, with respect to catering licensees within its corporate limits, may cancel a catering license for cause for the remainder of the period for which that catering license is issued. Any person whose catering license is canceled may appeal to the District Court.

(D) The Board of Trustees may impose an occupation tax on the business of a catering licensee doing business within the liquor license jurisdiction of the Board of Trustees. The tax may not exceed double the license fee for a catering license. (Neb. RS 53-124.12)


' 112.27 DISPLAY OF LICENSE.


Every licensee under the Nebraska Liquor Control Act shall cause his or her license to be framed and hung in plain view in a conspicuous place on the licensed premises. (Neb. RS 53-148) Penalty, see ' 10.99


' 112.28 OWNER OF PREMISES OR AGENT; LIABILITY.


If the owner of the licensed premises or any person from whom the licensee derives the right to possession of the premises, or the agent of that owner or person, knowingly permits the licensee to use the licensed premises in violation of the terms of the Nebraska Liquor Control Act or any village ordinance, that owner, agent, or other person shall be deemed guilty of a violation of the Act or ordinance to the same extent as the licensee and be subject to the same punishment. (Neb. RS 53-1,101) Penalty, see ' 10.99




' 112.29 LICENSEE; LIABILITY FOR ACTS OF OFFICER, AGENT, OR EMPLOYEE.


Every act or omission of whatsoever nature constituting a violation of any of the provisions of the Nebraska Liquor Control Act or any village ordinance by any officer, director, manager, or other agent or employee of any licensee, if the act is committed or omission is made with the authorization, knowledge, or approval of the licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by the licensee personally. (Neb. RS 53-1,102) Penalty, see ' 10.99


' 112.30 CITIZEN COMPLAINTS.


Any 5 residents of the village shall have the right to file a complaint with the Board of Trustees stating that any retail licensee subject to the jurisdiction of the Board of Trustees has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant to the Act. The complaint shall be in writing in the form prescribed by the Board of Trustees and shall be signed and sworn to 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 Board of Trustees is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for that belief, it shall set the matter for hearing within 10 days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of the hearing and of the particular charge in the complaint. The complaint shall in all cases be disposed of by the Board of Trustees within 30 days from the date the complaint was filed by resolution thereof, which resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided in Neb. RS 53-1,115. (Neb. RS 53-134.04)



RETAIL ESTABLISHMENTS



' 112.45 LOCATION.


(A) Except as otherwise provided in division (B) of this section, no license shall be issued for the sale at retail of any alcoholic liquor within 150 feet of any church, school, hospital, or home for indigent persons or for veterans and their wives or children. This prohibition does not apply to any location within such distance of 150 feet:

(1) For which a license to sell alcoholic liquor at retail has been granted by the Nebraska Liquor Control Commission for two years continuously prior to making of application for license;



(2) To hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935; or

(3) To a college or university in the state which is subject to Neb. RS 53-177.01.

(B) If a proposed location for the sale at retail of any alcoholic liquor is within 150 feet of any church, a license may be issued if the commission gives notice to the affected church and holds a hearing as prescribed in Neb. RS 53-133 if the affected church submits a written request for a hearing. (Neb. RS 53-177)

(C) No alcoholic liquor, other than beer, shall be sold for consumption on the premises within 300 feet from the campus of any college or university within the village, except that this section:

(1) Does not prohibit a nonpublic college or university from contracting with an individual or corporation holding a license to sell alcoholic liquor at retail for the purpose of selling alcoholic liquor at retail on the campus of such college or university at events sanctioned by such college or university but does prohibit the sale of alcoholic liquor at retail by such licensee on the campus of such nonpublic college or university at student activities or events; and

(2) Does not prohibit sales of alcoholic liquor by a community college culinary education program pursuant to Neb. RS 53-124.15. (Neb. RS 53-177.01) Penalty, see ' 10.99 Statutory reference: State commission may waive 300-feet requirement, see Neb. RS 53-177.01


' 112.46 ACCESS TO DWELLINGS.


Except in the case of hotels and clubs, no alcoholic liquor shall be manufactured or sold at retail or wholesale upon any premises which have any access which leads from the premises to any other portion of the same building or structure used for dwelling or lodging purposes and permitted to be used or kept accessible for use by the public. This section does not prevent any connection between the premises and such other portion of the building or structure which is used only by the licensee, his or her family, or personal guests. (Neb. RS 53-178) Penalty, see ' 10.99


' 112.47 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. The licensed premises shall be subject to any health inspections the Board of Trustees 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 sanitary conditions shall be made at all hearings concerning the application for or renewal of a liquor license. Penalty, see ' 10.99 Statutory reference: Authority to regulate licensed premises, see Neb. RS 53-134.03 State sanitary rules and regulations authorized, see Neb. RS 53-118


' 112.48 HOURS OF SALE.


(A) No alcoholic liquor, including beer, shall be sold at retail or dispensed on any day between the hours of 1:00 a.m. and 6:00 a.m. except that the Board of Trustees with respect to area inside the corporate limits of the city may by ordinance or resolution:

(1) Require closing prior to 1:00 a.m. on any day;

(2) If adopted by a vote of at least two-thirds of the members of the Board of Trustees, permit retail sale or dispensing of alcoholic liquor for consumption on the premises, excluding sales for consumption off the premises, later than 1:00 a.m. and prior to 2:00 a.m. on any day;

(3) If adopted by a vote of at least two-thirds of the members of Board of Trustees, permit retail sale of alcoholic liquor for consumption off the premises later than 1:00 a.m. and prior to 2:00 a.m. on any day; or

(4) If adopted by a vote of at least two-thirds of the members of Board of Trustees, permit retail sale or dispensing of alcoholic liquor for consumption on the premises, excluding sales for consumption off the premises, and permit retail sale of alcoholic liquor for consumption off the premises later than 1:00 a.m. and prior to 2:00 a.m. on any day.

(B) Except as provided for and allowed by ordinance of the Board of Trustees, no alcoholic liquor, including beer, shall be sold at retail or dispensed inside the corporate limits of the village between the hours of 6:00 a.m. Sunday and 1:00 a.m. Monday. This division (B) shall not apply after 12:00 p.m. noon on Sunday to a licensee which is a nonprofit corporation and the holder of a Class C license or a Class I license.

(C) 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 the hours of 15 minutes after the closing hour applicable to the licensed premises and 6:00 a.m. on any day.

(D) Nothing in this section shall prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic liquor is prohibited by this section. (Neb. RS 53-179)




' 112.49 CREDIT SALES PROHIBITED.


(A) 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.

(B) Nothing in this section shall prevent the following:

(1) Any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of such club;

(2) Any hotel or restaurant holding a retail license from permitting checks or statements for liquor to be signed by regular guests residing at such hotel or eating at such restaurant and charged to the accounts of such guests; or

(3) Any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers. (Neb. RS 53-183) Penalty, see ' 10.99


' 112.50 ORIGINAL PACKAGE REQUIRED.


No person, except a manufacturer or wholesaler, shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor. It shall be unlawful for any person to have in his or her possession for sale at retail any bottles, casks, or other containers containing alcoholic liquor except in original packages. Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale. (Neb. RS 53-184) Penalty, see ' 10.99


' 112.51 MINOR=S PRESENCE RESTRICTED.


It shall be unlawful for any person who owns, manages, or leases an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years of age to frequent or otherwise remain in the establishment unless the minor is accompanied by his or her parent or legal guardian, and unless the minor remains seated with and under the immediate control of the parent or legal guardian. Penalty, see ' 10.99 Statutory reference: Authority to regulate, see Neb. RS 53-134.03




' 112.52 KEG SALES; REQUIREMENTS; PROHIBITED ACTS.


(A) When any person licensed to sell alcoholic liquor at retail sells alcohol for consumption off the premises in a container with a liquid capacity of five or more gallons or 18.92 or more liters, the seller shall record the date of the sale, the keg identification number, the purchaser=s name and address, and the number of the purchaser=s motor vehicle operator=s license, state identification card, or military identification, if the military identification contains a picture of the purchaser, together with the purchaser=s signature. This record shall be on a form prescribed by the Nebraska Liquor Control Commission and shall be kept by the licensee at the retail establishment where the purchase was made for not less than six months. The records kept pursuant to this section shall be available for inspection by any law enforcement officer during normal business hours or at any other reasonable time. Any person violating this section shall be guilty of an offense. (Neb. RS 53-167.02)

(B) Any person who unlawfully tampers with, alters, or removes the keg identification number from a container described in division (A) or is in possession of a container described in division (A) with an altered or removed keg identification number after the container has been taken from the licensed premises pursuant to a retail sale and before its return to the licensed premises or other place where returned kegs are accepted shall be guilty of an offense. (Neb. RS 53-167.03) Penalty, see ' 10.99







CHAPTER 113: FAIR HOUSING



Section

113.01 Purpose

113.02 Definitions

113.03 Unlawful acts

113.04 Handicapped person; discriminatory practices prohibited; design and construction

standards

113.05 Transaction related to residential real estate; discriminatory practices prohibited

113.06 Multiple listing service; other service; discriminatory practices prohibited

113.07 Religious organization; private home; private home; private club, or housing for older

persons; restricting use not prohibited

113.08 Fair Housing Commission

113.09 Discriminatory housing practice; complaint; procedure; investigation

113.10 Complaint; conciliation; agreement; contents; restrictions

113.11 Conciliation proceedings; investigations; restrictions on use of information

113.12 Conciliation agreement; breach; civil action authorized

113.13 Final investigative report; contents; amendments

113.14 Temporary or preliminary relief; other proceedings; actions authorized

113.15 Commission; discriminatory housing practice; determination; charge; service; dismissal of

complaint

113.16 Civil action in lieu of hearing; election authorized

113.17 Hearings; Hearing Officer; appearance; discontinuance of proceedings; when

113.18 Hearing officer; powers and duties

113.19 Order; review; final order; service

113.20 Appeal; enforcement; procedure


' 113.01 PURPOSE.


The purpose of this chapter is to promote the general welfare of the residents of the village, by endorsing the provisions of the Nebraska Fair Housing Act, Neb. RS 20-301 through 20-344, to the effect that there shall be no discrimination in the village, in the acquisition, ownership, possession or enjoyment of housing in accordance with Article I, ' 25, of the Constitution of the state. (1971 Code, ' 10-601) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-113




' 113.02 DEFINITIONS.


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGRIEVED PERSON. Includes any person who:

(1) Claims to have been injured by a discriminatory housing practice; or

(2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur.

COMMISSION. The Fair Housing Commission created in ' 113.08.

COMPLAINANT. The person, including the Commission, who files a complaint under ' 113.09.

CONCILIATION. The attempted resolution of issues raised by a complaint or by the investigation of a complaint through informal negotiations involving the aggrieved person, the respondent and the Commission.

CONCILIATION AGREEMENT. A written agreement setting forth the resolution of the issues in conciliation.

DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under this chapter.

DWELLING. 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.

FAMILIAL STATUS. One or more minors being domiciled with:

(1) A parent or another person having legal custody of such individual; or

(2) The designee of a parent or other person having legal custody, with written permission of the parent of other person.

FAMILY. Includes a single individual.

HANDICAP. With respect to a person: a physical or mental impairment, excluding the current illegal use of or addiction to a controlled substance as defined in Neb. RS 28-401, which substantially limits one or more of such persons major life activities; a record of having such an impairment; or being regarded as having such an impairment.



PERSON. Includes 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.

RENT. Includes lease, sublease, let and otherwise grant for consideration the right to occupy premises not owned by the occupant.

RESPONDENT.


(1) The person or other entity accused in a complaint of a discriminatory housing practice; and

(2) Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under ' 113.09.

RESTRICTIVE COVENANT. Any specifications limiting the transfer, rental or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status or ancestry. (1971 Code, ' 10-602) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-304 through 20-317


' 113.03 UNLAWFUL ACTS.


(A) Except as exempted by ' 113.07, 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 or 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 in 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 chapter or 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 or a person or persons of a particular race, color, religion, national origin, handicap, familial status or sex.

(B) 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. (1971 Code, ' 10-603) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Penalty, see ' 10.99 Statutory reference: Similar provisions, see Neb. RS 20-318


' 113.04 HANDICAPPED PERSON; DISCRIMINATORY PRACTICES PROHIBITED;

DESIGN

AND CONSTRUCTION STANDARDS.


(A) Except as exempted by ' 113.07, it shall be unlawful to:

(1) 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:

(a) The buyer or renter:

(b) Any person associated with the buyer or renter; or

(c) Any person residing in or intending to reside in the dwelling after it is so sold, rented or made available.

(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 with a dwelling because of a handicap of:

(a) Such person:



(b) Any person associated with such person; or

(c) A person residing in or intending to reside in the dwelling after it is so sold, rented or made available.

(B) For purposes of this section, DISCRIMINATION shall include:

(1) 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 excepted; and

(2) 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 in connection with the design and construction of covered multifamily dwellings for first occupancy after September 1, 1991, a failure to design and construct the dwellings in such a manner that:

(a) The public use and common use portions of the dwelling are readily accessible to and usable by handicapped persons;

(b) 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

(c) All premises within the dwellings contain the following features of adaptive design:

1. An accessible route into and through the dwelling;


2. Light switches, electrical outlets, thermostats and other environmental controls in

accessible locations;

3. Reinforcements in bathroom walls to allow later installation of grab bars; and


4. Kitchens and bathrooms such that a handicapped person in a wheelchair can

maneuver about the space.

(C) 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 division(B)(2)(c) above.



(D) For purposes of this section, COVERED MULTI-FAMILY DWELLINGS shall mean:

(1) Buildings consisting of four or more units if such buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four or more units.

(E) 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. (1971 Code, ' 10-604) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Penalty, see ' 10.99 Statutory reference: Similar provisions, see Neb. RS 20-319


' 113.05 TRANSACTION RELATED TO RESIDENTIAL REAL ESTATE;

DISCRIMINATORY

PRACTICES PROHIBITED.


(A) It shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction because of race, color, religion, sex, handicap, familial status or national origin.

(B) For purposes of this section, TRANSACTION RELATED TO RESIDENTIAL REAL estate shall mean any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

(a) For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(b) Secured by residential real estate.

(2) The selling, brokering or appraising of residential real property.

(C) 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. (1971 Code, ' 10-605) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Penalty, see ' 10.99 Statutory reference: Similar provisions, see Neb. RS 20-320




' 113.06 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. (1971 Code, ' 10-606) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Penalty, see ' 10.99 Statutory reference: Similar provisions, see Neb. RS 20-321


' 113.07 RELIGIOUS ORGANIZATION; PRIVATE HOME; PRIVATE CLUB, OR

HOUSING

FOR OLDER PERSONS; RESTRICTING USE NOT PROHIBITED.


(A) Nothing in this chapter 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.

(B) Nothing in this chapter shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging 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.

(C) Nothing in this chapter 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.

(D) (1) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.

(2) For purposes of this section, 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. (1971 Code, ' 10-607) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-321


' 113.08 FAIR HOUSING COMMISSION.


(A) There is hereby established the Fair Housing Commission, which shall consist of five members appointed by the Chairperson with the advice and consent of the Board of Trustees. Appointments shall take into consideration the various racial, religious, cultural and social groups and geographical areas within the village insofar as may be practicable. The term of appointment shall be three years, except that for the purpose of maintaining an appropriate staggering of terms, the Chairperson may prescribe a shorter term for any initial appointments. In the event a vacancy occurs in the membership of the Commission by death, resignation or otherwise prior to the normal expiration of the member=s term, the Chairperson with the approval of the Board of Trustees may appoint a person to serve out the remainder of the unexpired term.

(B) The Commission shall elect one member to serve as Chairperson. Three members of the Commission shall constitute a quorum for the purpose of conducting the business thereof. Members of the Commission shall receive no compensation for their services, but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties. Any member of the Commission may be removed from office by the Chairperson with the approval of the Board of Trustees for misconduct, malfeasance in office or neglect of office. No person shall serve on the Commission for more than six years. (1971 Code, ' 10-608) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-113


' 113.09 DISCRIMINATORY HOUSING PRACTICE; COMPLAINT; PROCEDURE;

INVESTIGATION.


(A) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Commission alleging such discriminatory housing practice. The Commission, on its own initiative, may also file such a complaint. The complaint shall be in writing and shall contain such information and be in such form as the Commission requires. The Commission may also investigate housing practices to determine whether a complaint should be brought under this section.



(B) Upon the filing of a complaint, the Commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved of the time limits and choice of forums provided under this chapter. The Commission shall, not later than ten days after such filing or the identification of an additional respondent under division (D) below, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this chapter, together with a copy of the original complaint. Each respondent may file, not later than ten days after receipt of notice from the Commission, an answer to the complaint.

(C) Unless it is impracticable to do so, the Commission shall investigate the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint or, when the Commission takes further action under ' 113.15, with respect to a complaint, within 100 days after the commencement of such further action. Complaints and answers shall be under oath and may be reasonably and fairly amended at any time.

(D) A person who is not named as a respondent in a complaint but who is identified as a respondent in the course of investigation may be joined as an additional or substitute respondent upon written notice under division (B) above to such person from the Commission. The notice shall explain the basis for the Commission=s belief that the person to whom the notice is addressed is properly joined as a respondent.

(E) The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this chapter. The subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the District Court. (1971 Code, ' 10-609) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-326, 20-334


' 113.10 COMPLAINT; CONCILIATION; AGREEMENT; CONTENTS; RESTRICTIONS.


(A) During the period beginning with the filing of the complaint and ending with the issuance of a charge or a dismissal by the Commission, the Commission shall, to the extent feasible, engage in conciliation with respect to the complaint.

(B) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the Commission.

(C) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

(D) Each conciliation agreement shall be made public unless the complainant and the respondent otherwise agree and the Commission determines that disclosure is not required to further the purposes of this chapter.



(E) A conciliation agreement between the respondent and complainant which has been approved by the Commission shall not be deemed an adjudication that the respondent has committed a discriminatory housing practice nor shall the conciliation agreement be the subject of an order for relief under ' 113.18, unless the conciliation agreement is entered after an adjudication pursuant to an administrative proceeding or a civil action pursuant to state or federal law in which the respondent was found to have committed a discriminatory housing practice. (1971 Code, ' 10-610) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-327


' 113.11 CONCILIATION PROCEEDINGS; INVESTIGATIONS; RESTRICTIONS ON

USE

OF INFORMATION.


(A) Except as provided in ' 113.10(D), nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding without written consent of the persons concerned.

(B) Notwithstanding division (A) above, the Commission shall make available to the aggrieved person and the respondent at any time, upon request, information derived from an investigation and any final investigative report. (1971 Code, ' 10-611) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-330


' 113.12 CONCILIATION AGREEMENT; BREACH; CIVIL ACTION AUTHORIZED.


Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission shall refer the matter to the Village Attorney for filing of a civil action for enforcement of such agreement. (1971 Code, ' 10-612) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-329


' 113.13 FINAL INVESTIGATIVE REPORT; CONTENTS; AMENDMENTS.




At the end of each investigation of a complaint, the Commission shall prepare a final investigative report containing the names and dates of contacts with witnesses, a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent, a summary description of other pertinent records, a summary of witness statements and answers to interrogatories. A final investigative report may be amended if evidence is later discovered. (1971 Code, ' 10-613) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-328


' 113.14 TEMPORARY OR PRELIMINARY RELIEF; OTHER PROCEEDINGS; ACTIONS

AUTHORIZED.


(A) If the Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the Commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Upon receipt of such an authorization, the Village Attorney shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Neb. RS 25-1062 to 25-1080 The commencement of a civil action under this section shall not affect the initiation or continuation of administrative proceedings under ' 113.17.

(B) Whenever the Commission has reason to believe that a basis may exist for proceedings by any governmental licensing or supervisory authorities, the Commission shall transmit the information upon which such belief is based to such authorities. (1971 Code, ' 10-614) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-331


' 113.15 COMMISSION; DISCRIMINATORY HOUSING PRACTICE; DETERMINATION;

CHARGE; SERVICE; DISMISSAL OF COMPLAINT.


(A) The Commission shall, within 100 days after the filing of the complaint or after the commencement of farther action, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur unless it is impracticable to do so or unless the Commission has approved a conciliation agreement with respect to the complaint. If the Commission is unable to make the determination within 100 days after the filing of the complaint or after the commencement of such further action, the Commission shall notify the complainant and respondent in writing of the reasons for not doing so.

(B) If the Commission determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall immediately issue a charge on behalf of the aggrieved person for further proceedings under this chapter. Such charge shall consist of a short and plain statement of the facts upon which the Commission has found reasonable cause to believe that a discriminatory practice has occurred or is about to occur, shall be based on the final investigative report and need not be limited to the facts or grounds in the complaint.



(C) If the Commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint. The Commission shall make public disclosure of each such dismissal. The Commission may not issue a charge under this section regarding an alleged discriminatory housing practice after the filing of a civil action commenced by the aggrieved party under state or federal law seeking relief with respect to the discriminatory housing practice.

(D) After the Commission issues a charge under this section, the Commission shall cause a copy of the charge, together with information as to how to make an election under ' 113.16, and the effect of such election to be served:

(1) On each respondent named in the charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless such election is made; and

(2) On each aggrieved person on whose behalf the complainant was filed. (1971 Code, ' 10-615) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-333


' 113.16 CIVIL ACTION IN LIEU OF HEARING; ELECTION AUTHORIZED.


When a charge is issued under ' 113.15, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed may elect to have claims asserted in that charge decided in a civil action in lieu of a hearing under ' 113.17. The election must be made not later than 20 days after service has been made. The persons making the election shall give notice of doing so to the Commission and to all other complainants and respondents to whom the charge relates. (1971 Code, ' 10-616) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-335


' 113.17 HEARINGS; HEARING OFFICER; APPEARANCE; DISCONTINUANCE OF

PROCEEDINGS; WHEN.


(A) If an election is not made under ' 113.16 with respect to a charge issued under ' 113.15, the Commission shall provide an opportunity for a hearing on the record with respect to the charge. The Commission shall delegate the conduct of a hearing under this section to a Hearing Officer. The Hearing Officer shall meet the qualifications of a judge of the District Court prescribed in Neb. RS 24-301 or any successor statute. The Hearing Officer shall conduct the hearing at a place in the vicinity of the place where the discriminatory housing practice is alleged to have occurred or is about to occur.



(B) At the hearing each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas. Any aggrieved person may intervene as a party in the proceeding. The rules of evidence shall apply to the presentation of evidence in such hearing as they would in civil action in District Court.

(C) Any resolution of a charge before issuance of a final order shall require the consent of the aggrieved person on whose behalf the charge is issued. A Hearing Officer may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the filing of a civil action by the aggrieved party under state or federal law seeking relief with respect to that discriminatory housing practice. (1971 Code, ' 10-617) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-336


' 113.18 HEARING OFFICER; POWERS AND DUTIES.


(A) The Hearing Officer shall commence the hearing no later than 120 days following the issuance of the charge unless it is impracticable to do so. If the Hearing Officer is unable to commence the hearing within 120 days, he or she shall notify the Commission, the aggrieved person on whose behalf the charge was issued and the respondent in writing of the reasons for not doing so.

(B) The Hearing Officer shall make findings of fact and conclusions of law within 60 days after the end of the hearing unless it is impracticable to do so. if the Hearing Officer is unable to make findings of fact and conclusions of law within such period or any succeeding 60-day period thereafter, he or she shall notify the Commission, the aggrieved person on whose behalf the charge was issued and the respondent in writing for not doing so.

(C) If the Hearing Officer finds that a respondent has engaged or is about to engage in a discriminatory housing practice, he or she shall promptly issue an order for such relief as may be appropriate which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. The order may, to vindicate the public interest, assess a civil penalty against the respondent in accordance with the provisions of Neb. RS 20-337(3)(b) and (c).

(D) No such order shall affect any contract, sale, encumbrance or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the charge.

(E) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Commission shall, not later than 30 days after the date of issuance of the order or, if the order is in substance affirmed upon such review, send copies of the findings of fact, conclusions of law and the order to that governmental agency.



(F) If the Hearing Officer finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, he or she shall enter an order dismissing the charge. The Commission shall make public disclosure of each such dismissal. (1971 Code, ' 10-618) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-337


' 113.19 ORDER; REVIEW; FINAL ORDER; SERVICE.


(A) The Commission may review any finding, conclusion or order issued under ' 113.18. The review shall be completed not later than 30 days after the finding, conclusion or order is so issued or the finding, conclusion or order will become final.

(B) The Commission shall cause findings of fact and conclusions of law made with respect to any final order for relief, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding. (1971 Code, ' 10-619) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-338


' 113.20 APPEAL; ENFORCEMENT; PROCEDURE.


(A) Any party aggrieved by a final order granting or denying in whole or in part the relief sought may appeal the order. Proceedings for review shall be instituted by filing a petition in the District Court within 30 days after service of the final decision.

(B) The Commission may petition the District Court or the District Court in the county in which the respondent resides or transacts business for the enforcement of the order of the Hearing Officer and for appropriate temporary relief or restraining order. The Commission shall file in court with the petition the record in the proceeding. (1971 Code, ' 10-620) (Ord. 367, passed 10-19-1981; Ord. 493, passed 3-16-1992) Statutory reference: Similar provisions, see Neb. RS 20-339





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