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Legislature considers five alcohol sale, consumption bills

Published: Monday, March 2, 2009

Updated: Monday, March 2, 2009 15:03

Alcohol was a theme this week at the Nebraska Legislature, with four bills in committee hearings aiming to change liquor provisions.

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Sen. Kent Rogert of Tekamah introduced two bills, LB576 and LB478, to allow consumption and sale of alcohol in state parks.

In 1995, the Nebraska Game and Parks Commission banned alcohol in its parks because of accidents and rowdy behavior that made parks dangerous and unwelcoming, said Dick Turpin, former head of law enforcement for the Nebraska Game and Parks Commission who testified against the bills last Monday.

"Once you get that going, it won't be too many years we'll be right back where we were," Turpin said. "I've been there and done that, and it's not good."

Rogert said he understands the potential hazards of allowing alcohol in parks, and said that law enforcement could step up to combat those issues.

After the ban passed in 1995, permit sales began to decrease, Rogert said, resulting in losses of more than $500,000 per year.

If alcohol were allowed again, the sales would go back up, and the extra revenue could go toward increased law enforcement, Rogert said.

Not only would alcohol raise park revenues, it would also help businesses around state parks, said Jim Pappas, who often visits Lake McConaughy. After the ban on alcohol, he saw many local stores and restaurants go out of business.

"It wasn't that bad before, except for a few separate incidences," he said at the hearing. "It's just a loss of income."

Roger Stine, former park superintendent at Fremont State Lakes who came to testify as an individual, didn't think the bills' proponents had their priorities straight.

"I'm almost angry that you're worried more about the dollar than peoples' lives," he said at the hearing. "I don't want to see the Fremont lakes go back to what it was."

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Another bill, LB664, hopes to make it easier to get a license to sell alcohol on public property.

Right now, the process for licensing is not handled the same for all applicants, said Sen. Charlie Janssen of Fremont, who introduced the bill.

Currently, selling alcohol on public property requires approval from the Nebraska Liquor Control Commission as well as local government. LB664 would allow the local governing body to have input on license approvals, but would take away their ability to veto an application.

"I think it is appropriate that the state treats businesspeople fairly," Janssen said. "This clears it up, and it makes it uniform across the board."

Right now, local governments have a say in all license requests in their jurisdiction, said Hobert Rupe, who testified in the neutral position as a representative of NLCC. For most licenses, the local government has to provide reasons why they said no, except with public property, where they can deny an application without any official reasons.

The bill would treat an application on state ground the same as any other licensee, Rupe said, and would still give locals a say in the process.

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LB605, on the other hand, would give locals even more say in the liquor licensing process.

"LB605 would allow for additional weight to be given to the support or opposition of businesses and residents within 500 feet and neighborhood associations within 100 feet of a liquor license application," said the bill's statement of intent. "The Liquor Control Commission may use this opposition as the sole reason for denial of a license."

Right now, there is no specific language in the licensing statute that says the commission has to listen to neighbors around the potential establishment, said Sen. Gwen Howard of Omaha who introduced the bill. LB605 would give them that extra voice, she said.

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Finally, LB59 was introduced by Sen. LeRoy Louden of Ellsworth before the Revenue Committee on Friday. The bill would create a Citizen Safety Grant Fund to give grants to organizations who work to address violent crime. The fund would be supported by increasing taxes on liquor.

Taxes would increase from 31 cents to 36 cents per gallon on all beer; from 95 cents to 98 cents per 25 gallons of wine; and 75 cents to 82 cents per gallon on other alcohol and spirits.

There were no proponents testifying for the bill Friday, but four people testified against it.

Taxes on liquor doubled in 1991, said John Fordham, owner of a beer distributor in Lincoln who spoke on behalf of Associated Beverage Distributors of Nebraska, which negatively impacted business.

"The ability to support our staff and our equipment … at this point every penny counts," Fordham said. "The net is, I'm going to make less money."

Kathy Siefken, executive director of the Nebraska Grocery Industry Association, agreed.

"Right now our economy is so tough," she said. "I guarantee this would be a hard hit for us."

jennagibson@dailynebraskan.com

 

 

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