Waiver sought for alcohol restrictions near campuses

The General Affairs Committee heard testimony Jan. 24 on a bill that would allow a waiver to the state’s 300-foot restriction on alcohol sales near college or university campuses. Currently, only beer may be sold on or off-sale within the 300-foot zone.

Under LB249, introduced by Wilber Sen. Russ Karpisek, the Nebraska Liquor Control Commission would be authorized to grant waivers to the 300-foot restriction, taking into consideration the impact on current and prospective students, economic development opportunities and the academic mission of the college or university.

Karpisek said the bill was intended, in part, to reduce the number of special designated license (SDL) requests by businesses within the buffer zone. An SDL allows an entity located within the restricted zone to sell and serve beer, wine and spirits for a temporary, designated time, he said.

However, an SDL and a standard liquor license don’t have the same enforcement mechanisms, Karpisek said, and the state’s Liquor Control Commission is seeking additional enforcement options – such as cash penalties and possible license suspensions – to ensure that entities within the buffer zone are operating responsibly.

“The Liquor Control Commission would like a bit more of a hammer, if you will, to police these establishments,” he said.

Hobert Rupe, executive director of the Liquor Control Commission, agreed. Testifying in support of the bill, he said the commission has been working on the issue of SDLs within the buffer zone for several years.

Allowing exceptions to the standard liquor license prohibition within the zone will allow police to do compliance checks and provide penalties for noncompliance, he said.

“We’re trying to make it more safe,” Rupe said. “We think [LB249] is a fair way to accomplish that goal.”

Ron Withem of the University of Nebraska also supported the measure, saying the proposed waiver system offers a balance between protecting students and protecting the interests of business owners within the buffer zone.

“We don’t want this 300-foot barrier to be an impediment to economic development,” he said.

Diane Riibe of Project Extra Mile, a coalition working to end underage drinking, testified in opposition to the bill. She said there are ways to deal with the problems SDLs create other than providing exceptions to the existing restrictions and allowing businesses to apply for standard liquor licenses.

“We could simply reduce the number of SDLs granted in or around campus,” she said.

Under the bill, a written waiver application would be required and the governing body of the affected college or university would be notified of the application by the commission. If the physical location of the property associated with the waiver were surrounded by property owned by the college or university, written approval of the institution’s governing board would be required for a waiver to be granted.

Karpisek said the provision would ensure that a college or university is able to maintain control over alcohol availability in the heart of their campuses.

The committee took no immediate action on the bill.