Possible liquor law changes discussed

The General Affairs Committee heard testimony Oct. 15 on possible changes to the Nebraska Liquor Control Act.

LR528, introduced by Wilber Sen. Russ Karpisek during the 2009 legislative session, calls for a review of area restrictions on the granting of liquor licenses, exploration of ways to reduce the number of special designated licenses on or near campus locations and an examination of the impact of alcohol licensing on the academic environment of the state’s colleges and universities.

Currently, the liquor control act prohibits the sale of liquor for on-site consumption within 300 feet of any college or university campus in Nebraska. It also prohibits granting a liquor license within 150 feet of any church, school, hospital or home for aged and indigent persons or for veterans, their wives or children.

LB906, introduced by Karpisek and passed last year, provides an exception to the prohibition on granting liquor licenses to establishments located within 150 feet of a church. Under the bill, the commission may grant such a license only after providing notice to an affected church and holding a hearing.

Ron Withem, testifying on behalf of the University of Nebraska, suggested a similar exception process to the 300-foot buffer zone around university campuses.

The university does not wish to stand in the way of economic development in the Haymarket and other nearby areas, Withem said, but remains concerned about the impact on students if the buffer zone were repealed entirely.

Under the University’s proposal, the liquor control commission could approve an exception only after considering its potential impact on students, the campus and economic development.

Fullerton Sen. Annette Dubas expressed concern that a waiver process might open the door to personal judgments and arbitrary decision-making.

“It makes me wonder, will we maybe solve one problem and create another by giving this amount of leeway,” she said.

Hobert Rupe, executive director of the Nebraska Liquor Control Commission, said the proposal likely would help reduce the number of special designated licenses that are granted each year to establishments located within 300 feet of a campus. Such establishments are prohibited from obtaining liquor licenses, but often are granted special designated licenses for specific events.

Allowing establishments like the Nebraska Champions Club to obtain a waiver and a standard liquor license would result in greater oversight, Rupe said, because a liquor license requires a full background check of the licensee and allows police officers to enter the premises to conduct compliance inspections.

“We’re trying to cut back on what we think is an abuse of the (special designated license) process,” he said. “What we’re looking for here is more control, not less.”

Rupe also said the Legislature should consider updating the liquor control act’s language to specifically include homeless shelters and alcohol and drug abuse treatment centers as entities entitled to the 150-foot buffer zone.

Diane Ribbe of Project Extra Mile encouraged the committee to maintain all of the existing buffer zones in regard to the granting of liquor licenses, saying they should resist the temptation to “chisel away” at the state’s liquor control laws.

Increased outlet density increases binge drinking, drunk driving and other risky behaviors, she said.

“The state has an obligation to provide some protection to special and at-risk populations,” Ribbe said.

The committee will report its findings and recommendations to the Legislature at the conclusion of the interim study.