Liquor control changes advance

Senators amended and advanced a bill March 23 that makes several changes to Nebraska’s Liquor Control Act.

LB407, introduced by Wilber Sen. Russ Karpisek, would eliminate a requirement that the Liquor Control Commission correspond with municipalities through certified mail regarding license applications. The bill instead would allow correspondence through regular mail and electronic delivery. Correspondence with other entities or individuals also could be conducted through regular mail and by electronic means if prior consent is given.

Karpisek said the change was recommended by the commission to reduce its certified mail budget.

A committee amendment, adopted 34-0, incorporated provisions from two bills also introduced by Karpisek.

LB249 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 the bill, the 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.

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.

“We are trying to make sure that there isn’t a bar or a liquor establishment right in the middle of campus,” Karpisek said.

Lincoln Sen. Bill Avery supported the proposed change to the university buffer zone, saying a grocery store near his district was granted 246 SDLs last year for wine tastings. The store is within 300 feet of Doane College’s Lincoln campus, he said.

“That seems to me to be an unreasonable burden on that store,” Avery said.

Finally, LB336 would allow certain commission employees to obtain part-time employment at a business that holds a liquor license, unless the business receives more than 50 percent of its gross revenue from the sale or dispensing of alcohol.

Karpisek said a wide range of businesses hold liquor licenses, including many large retailers, making it difficult for commission employees to find part-time employment without violating the current restriction.

LB407 advanced to select file on a 38-0 vote.