53-1,116. Appeal; procedure.

Any order or decision of the commission granting, denying, suspending, canceling, revoking, or renewing or refusing to suspend, cancel, revoke, or renew a license, special designated permit, or permit for the sale of alcoholic liquor, including beer, may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

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Annotations

This section, as amended by 1993 Neb. Laws, L.B. 183, is unenforceable. Marting v. Nebraska Liquor Control Comm., 250 Neb. 134, 548 N.W.2d 326 (1996).

In proceedings in error, a reviewing court determines whether the liquor control commission acted within its jurisdiction and whether there is sufficient evidence as a matter of law to support the decision. 2301 Leavenworth v. Nebraska Liquor Control Comm., 244 Neb. 247, 505 N.W.2d 708 (1993).

The portion of this section amended by 1986 Neb. Laws, L.B. 911, is declared unconstitutional. Bosselman, Inc. v. State, 230 Neb. 471, 432 N.W.2d 226 (1988).

For appeals pursuant to subsection (5) of this section, the district court may not disturb the decision of the Liquor Control Commission unless it was arbitrary and unreasonable. R.D.B., Inc. v. Nebraska Liquor Control Comm., 229 Neb. 178, 425 N.W.2d 884 (1988).

Where district court sets aside order which denied issuance of liquor license, it should remand with directions to issue license. Hadlock v. Nebraska Liquor Control Commission, 193 Neb. 721, 228 N.W.2d 887 (1975).

The review of the discretion of the Nebraska Liquor Control Commission on appeal applies to the findings of fact and all applications of the law, including the penalty assessed. Eleven Eighteen Co. v. Nebraska Liquor Control Commission, 191 Neb. 572, 216 N.W.2d 720 (1974).

The statutory pattern for judicial review varies even for different types of decisions of the same agency. The 20's Inc. v. Nebraska Liquor Control Commission, 190 Neb. 761, 212 N.W.2d 344 (1973).

On trial de novo, courts should not reverse order of Nebraska Liquor Control Commission unless its action was unreasonable or arbitrary. T & N P Co., Inc. v. Nebraska Liquor Control Commission, 189 Neb. 708, 204 N.W.2d 809 (1973).

Under prior law, the procedure for appeal under this section is not applicable for an order of suspension by the Nebraska Liquor Control Commission, the procedure for such appeal being prescribed by section 84-917. Happy Hour, Inc. v. Nebraska Liquor Control Commission, 186 Neb. 533, 184 N.W.2d 630 (1971).

Under prior law, a suspension is not a revocation and is not governed by this section. The Flamingo, Inc. v. Nebraska Liquor Control Commission, 185 Neb. 22, 173 N.W.2d 369 (1969).

Under prior law, appeal to the courts is not provided from an order granting or refusing to grant a transfer of location of business. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).

Cited in making comparison of powers and duties of Liquor Control Commission with those of heads of executive departments. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).