A Nebraska applicant could ask the liquor commission to approve a retail license after a local denial, but must prove the decision was unfair and meet a site limit.
After a hearing, the commission may approve a retail license despite a local denial recommendation if the applicant proves the decision was unfair and the site meets the license restriction.
When reviewing an application, the commission must consider the retail applicant's evidence that the local government acted unfairly in recommending denial.
After a hearing, the commission may approve a retail license despite a local government's recommendation to deny it. This applies to retail license applications that received a denial recommendation from a city, village, or county. The applicant must prove that the local government acted arbitrarily and capriciously, or unfairly and without a sound basis. The proposed site must not include an area with a craft brewery or microdistillery license. The commission may decide after holding a hearing on the application.
The commission must consider an applicant's evidence that a local government acted arbitrarily and capriciously when it recommended denying a retail license. This applies when the commission reviews a license application and considers the local government's recommendation. The evidence must be submitted by the applicant for a retail license under the cited application process. The commission considers the evidence as part of its decision on the application.
No hearings or votes scheduled.