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Council places Big Grove Brewing retail liquor application on file after state denial
Summary
The Omaha City Council on Aug. 5 placed on file Big Grove Brewing’s application for a Class C retail liquor license for a proposed taproom at 4601 Catalyst Court after the Nebraska Liquor Control Commission denied the retail application, citing a statutory prohibition for out‑of‑state manufacturers.
The Omaha City Council on Aug. 5 voted 6–0 to place on file an application from Big Grove Brewing for a Class C retail liquor license for a taproom at 4601 Catalyst Court in the UNMC Edge District after the Nebraska Liquor Control Commission issued a final denial.
Deputy City Attorney Ryan Wiesen told the council the commission had already rendered a final determination and denied the retail license because, in the commission’s view, Big Grove qualifies as an out‑of‑state manufacturer and therefore is ineligible to hold a retail license under Nebraska’s three‑tier liquor statutes. Wiesen said, “My understanding of what has occurred is that the Nebraska Liquor Control Commission has already issued a final determination on whether or not the license should be issued and they have denied the license.”
Applicant representatives said they planned to pursue other avenues. David Levy, an attorney with Baird Holm representing the applicant, said the company disagrees with the Liquor Control Commission’s interpretation and is exploring options, including seeking a different license type. “We disagree with the Liquor Commission’s interpretation of the statutes. We are currently trying to determine exactly how to go about dealing with that,” Levy said. Mike Weir, chief operating officer for Big Grove, said the company has invested in the project and hoped to open once legal issues are resolved. He told the council the investment in Omaha is about $5,500,000 and described the Catalyst location and neighborhood fit.
Council members said they supported the project but followed legal advice about procedure. Council Member Harding moved to place the application on file, after which the council recorded a 6–0 vote approving that motion. Council members said placing the application on file would not prejudice the applicant and preserves the council’s ability to act should the state process change.
Next steps: The applicant may pursue an administrative appeal or seek a different license category before the Liquor Control Commission or in court. If state action is reversed or a different license application is filed, the applicant could return to the council for a local recommendation.
