Schwarting v. Nebraska Liquor Control Commission

Donald Schwarting, the former owner of the Arrowhead Inn, an off-sale, beer-only business, was convicted of a Class IV felony, thereby prohibiting him from holding a liquor license under Neb. Rev. Stat. § 53-125 (Reissue 2004). His son, Jason Schwarting, took steps to purchase the business. Jason applied for a liquor license with the Nebraska Liquor Control Commission (the Commission), but his application was denied due to Jason’s two prior liquor license violations while employed by Donald and the Commission’s belief that Donald maintained an ownership interest in the business. Jason…