AGO 97035.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97035. DATE: June 23, 1997SUBJECT: Outdoor Addition to Licensed Premises REQUESTED BY: Forrest D. Chapman, Executive Director Nebraska Liquor CommissionWRITTEN BY: Don Stenberg, Attorney General Marie C. Pawol, Assistant Attorney General We are in receipt of your June 5, 1997, request for an Attorney General's opinion regarding whether a "premises may be licensed under the Liquor Control Act if the licensee has a lease on the premises which permits ingress to and egress from the premises by third parties." Upon further clarification of this request, we understand that the Commission is reviewing a request for the expansion of an existing license to include an adjacent outdoor area. This outdoor area is described as an enclosed courtyard that is also accessible to other adjacent businesses and their patrons. The local governing body has given its approval to the requested addition to the licensed premises. Nothing contained in the Nebraska Liquor Control Act precludes licensure of a clearly specified area, whether outdoors or indoors, soley because it may be accessible by others, to include adjoining business owners, their employees or their customers. Neb. Rev. Stat. § 53-125(12) (Cum. Supp. 1996) requires that the licensee either own the premises for which a license is sought or have a lease or combination of leases on such premises for the full period for which the license is to be issued. However, this provision does not require that the licensee's lease be exclusive, preventing reasonable easements by other businesses and their patrons, or use by other third parties. Rule...