Abay, LLC v. Nebraska Liquor Control Commission

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The Supreme Court affirmed the judgment of the district court affirming the order of the Nebraska Liquor Control Commission granting Abay, LLC a Class D liquor license for its convenience store but restricting Abay from offering "single can sales" and "spirits/wine sales less than .375," holding that there was competent evidence in the record for the district court's decision and that it was not arbitrary, capricious, or unreasonable.On judicial review, the district court determined that the Commission's restrictions on Abay's liquor license were within the Commission's authority under the Nebraska Liquor Control Act, Neb. Rev. Stat. 53-101 to 53-1,122, were reasonable, and were not arbitrary or capricious. The Supreme Court affirmed, holding (1) the Act empowers the Commission to include conditions on a liquor license if those restrictions are consistent with the purpose of the Act and are reasonably necessary to the protection of the health and welfare of the people of the State and to the promotion and fostering of temperance in the consumption of alcohol; and (2) the district court's order was not arbitrary, capricious, or unreasonable, and there was competent evidence in the record for its decision. View "Abay, LLC v. Nebraska Liquor Control Commission" on Justia Law