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--- version:Introduced+++ version:(document, no version)@@ -1,147 +1,18 @@-LEGISLATURE OF NEBRASKA-ONE HUNDRED NINTH LEGISLATURE-FIRST SESSION-LEGISLATIVE BILL 186+One Hundred Ninth Legislature - First Session - 2025+Introducer's Statement of Intent+LB186-Introduced by Dover, 19.-Read first time January 13, 2025+Chairperson: Senator Rick HoldcroftCommittee: General Affairs-A BILL FOR AN ACT relating to the Nebraska Liquor Control Act; to amend1-section 53-123.17, Reissue Revised Statutes of Nebraska; to change2-provisions related to entertainment districts; to repeal the3-original section; and to declare an emergency.4-Be it enacted by the people of the State of Nebraska,5-LB186-2025-LB186-2025--1--Section 1. Section 53-123.17, Reissue Revised Statutes of Nebraska,1-is amended to read: 2-53-123.17 (1) A local governing body may designate an entertainment3-district in which a commons area may be used by retail, craft brewery,4-and microdistillery licensees and holders of a manufacturer's license5-which obtain an entertainment district license. The local governing body6-may, at any time, revoke such designation if it finds that the commons7-area threatens the health, safety, or welfare of the public or has become8-a common nuisance. The local governing body shall file the designation or9-the revocation of the designation with the commission.10-(2) An entertainment district license allows the sale of alcoholic11-liquor for consumption on the premises within the confines of a commons12-area. The consumption of alcoholic liquor in the commons area shall only13-occur during the hours authorized for sale of alcoholic liquor for14-consumption on the premises under section 53-179 and while food service15-is available in the commons area or is available for sale by at least one16-holder of an entertainment district license. Only the holder of an17-entertainment district license or employees of such licensee may sell or18-dispense alcoholic liquor in the commons area. 19-(3) An entertainment district licensee shall serve alcoholic liquor20-to be consumed in the commons area in containers that prominently display21-displays the licensee's trade name or logo or some other mark that is22-unique to the licensee under the licensee's retail license, craft brewery23-license, microdistillery license, or manufacturer's license. An24-entertainment district licensee may allow alcohol sold by another25-entertainment district licensee to enter the licensed premises of either26-licensee. No entertainment district licensee shall allow alcoholic liquor27-to leave the commons area or the premises licensed under its retail28-license, craft brewery license, microdistillery license, or29-manufacturer's license. 30-(4) If the licensed premises of the holder of a license to sell31-LB186-2025-LB186-2025--2--alcoholic liquor at retail issued under subsection (6) of section 53-124,1-a craft brewery license, a microdistillery license, or a manufacturer's2-license is adjacent to a commons area in an entertainment district3-designated by a local governing body pursuant to this section, the holder4-of the license may obtain an annual entertainment district license as5-prescribed in this section. The entertainment district license shall be6-issued for the same period and may be renewed in the same manner as the7-retail license, craft brewery license, microdistillery license, or8-manufacturer's license. 9-(5) In order to obtain an entertainment district license, a person10-eligible under subsection (4) of this section shall:11-(a) File an application with the commission upon such forms as the12-commission prescribes; and 13-(b) Pay an additional license fee of three hundred dollars for the14-privilege of serving alcohol in the entertainment district payable to the15-clerk of the local governing body in the same manner as license fees16-under subdivision (4) of section 53-134. 17-(6) When an application for an entertainment district license is18-filed, the commission shall notify the clerk of the local governing body.19-The commission shall include with such notice one copy of the application20-by mail or electronic delivery. The local governing body and the21-commission shall process the application in the same manner as provided22-in section 53-132. 23-(7) The local governing body may impose an occupation tax on the24-business of an entertainment district licensee doing business within the25-liquor license jurisdiction of the local governing body as provided in26-subdivision (11)(b) of this section in accordance with section 53-132.27-(8) The local governing body with respect to entertainment district28-licensees within its liquor license jurisdiction as provided in29-subdivision (11)(b) of this section may cancel an entertainment district30-license for cause for the remainder of the period for which such31-LB186-2025-LB186-2025--3--entertainment district license is issued. Any person whose entertainment1-district license is canceled may appeal to the commission in accordance2-with section 53-134. 3-(9) A local governing body may regulate by ordinance, not4-inconsistent with the Nebraska Liquor Control Act, any area it designates5-as an entertainment district. 6-(10) Violation of any provision of this section or any rules or7-regulations adopted and promulgated pursuant to this section by an8-entertainment district licensee may be cause to revoke, cancel, or9-suspend the retail license issued under subsection (6) of section 53-124,10-craft brewery license, microdistillery license, or manufacturer's license11-held by such licensee. 12-(11) For purposes of this section: 13-(a)(i) (a) Commons area means an area: 14-(A) For a city of the primary class or a city of the metropolitan15-class, an area: 16-(I) (i) Within an entertainment district designated by a local17-governing body; 18-(II) (ii) Shared by authorized licensees with entertainment district19-licenses; 20-(III) (iii) Abutting the licensed premises of such licensees;21-(IV) (iv) Having limited pedestrian accessibility by use of a22-physical barrier, either on a permanent or temporary basis; and23-(V) (v) Closed to vehicular traffic when used as a commons area ;24-and . 25-(B) For a city of the first class, a city of the second class, a26-village, or the unincorporated portion of a county, an area:27-(I) Within an entertainment district designated by a local governing28-body; 29-(II) Shared by authorized licensees with entertainment district30-licenses; 31-LB186-2025-LB186-2025--4--(III) Abutting the licensed premises of such licensees;1-(IV) With reasonable safety measures in place to protect2-pedestrians, including signage, lighting, and reduced motor vehicle3-speeds when motor vehicles will be in close proximity to pedestrians; and4-(V) With a prohibition on the carrying of open alcoholic liquor5-containers and the consumption of alcoholic liquor on any open street or6-highway except when necessary to cross the same at a designated7-crosswalk. 8-(ii) Commons area may include any area of a public or private right-9-of-way if the area otherwise meets the requirements of this section; and10-(b) Local governing body means the governing body of the city or11-village in which the entertainment district licensee is located.12-Sec. 2. Original section 53-123.17, Reissue Revised Statutes of13-Nebraska, is repealed. 14-Sec. 3. Since an emergency exists, this act takes effect when15-passed and approved according to law. 16-LB186-2025-LB186-2025--5-+Date of Hearing: February 03, 2025++The following constitutes the reasons for this bill and the purposes which are sought to be+accomplished thereby:+The Intent of LB186 is to revise the Nebraska Liquor Control Act to allow cities of the first+class and smaller to set entertainment district safety regulations. It also allows entertainment+district license holders to continue to serve alcoholic beverages in the commons area, so long+as one holder of an entertainment district license is providing food service.++Principal Introducer: ________________________________+Senator Robert Dover+- 1 -
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