Chapter 53, LIQUORS
346 sections in this chapter.
Neb. Rev. Stat. § 53-1 Violations; general penalties.
Neb. Rev. Stat. § 53-1,100 Violations; general penalties.
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(1) Any person (a) who imports alcoholic liquor for distribution as a wholesaler or distributes or sells alcoholic liquor, other than sale at retail, at any place within the state without having first obtained a valid license to do so under the Nebraska Liquor Control Act, (b) wh…
Neb. Rev. Stat. § 53-1,101 Owner of premises or agent knowing of violations; penalty.
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If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, knowingly permits the licensee to use such licensed premises in violation of the terms of the Nebraska Liquor Control…
Neb. Rev. Stat. § 53-1,102 Violations by agent or employee of licensee; deemed act of licensee, when.
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Every act or omission of whatsoever nature constituting a violation of any of the provisions of the Nebraska Liquor Control Act by any officer, director, manager, or other agent or employee of any licensee, if such act is committed or omission is made with the authorization, know…
Neb. Rev. Stat. § 53-1,103 False branding; penalty.
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Any person who knowingly possesses, sells, ships, transports, or in any way disposes of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of such alcoholic l…
Neb. Rev. Stat. § 53-1,104 Violations by licensee; suspension, cancellation, or revocation of license; cash penalty in lieu of suspending sales; election authorized.
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(1) Any licensee which sells or permits the sale of any alcoholic liquor not authorized under the terms of such license on the licensed premises or in connection with such licensee's business or otherwise shall be subject to suspension, cancellation, or revocation of such license…
Neb. Rev. Stat. § 53-1,105 Sufficiency of charge of violation; sufficiency of proof.
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In any indictment, information, affidavit, or complaint charging the violation of any of the provisions of the Nebraska Liquor Control Act, it shall be sufficient to charge that the accused unlawfully manufactured, sold, offered for sale, kept for sale, delivered, or otherwise un…
Neb. Rev. Stat. § 53-1,106 Charge of violation; sufficiency of allegations; second offense; proof; former conviction.
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In any indictment, information, complaint, or affidavit charging the violation of any of the provisions of the Nebraska Liquor Control Act, it shall not be necessary to allege the quantity or kind of such alcoholic liquor further than to allege that it was alcoholic liquor. In ca…
Neb. Rev. Stat. § 53-1,107 Complaint, indictment, or information; contents; sufficiency.
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In any indictment, information, complaint, or affidavit against any one or more individuals charging the violation of the Nebraska Liquor Control Act, separate offenses under the act may be joined in the same indictment, information, complaint, or affidavit and the accused may be…
Neb. Rev. Stat. § 53-1,108 Search warrants issued on complaint; form.
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Whenever complaint is made in writing, verified by affidavit, to any judge of any court having cognizance of criminal offenses, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kept for sale, used, or t…
Neb. Rev. Stat. § 53-1,109 Search warrants; contents; directed to peace officer.
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If the judge before whom any such complaint is made is satisfied that there is reasonable cause for such belief, he or she shall issue a warrant directed to any peace officer having jurisdiction, commanding him or her to enter the house, building, premises, boat, vehicle, recepta…
Neb. Rev. Stat. § 53-1,110 Arrest of persons found violating act.
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Nothing shall be construed to prevent any officer whose duty it is to make arrests from arresting with or without a warrant any person or persons found violating the Nebraska Liquor Control Act.
Neb. Rev. Stat. § 53-1,111 Search warrants; search and seizure of property; sale; disposition of proceeds; arrests.
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Upon the issuance of any search warrant pursuant to section 53-1,108, it shall be the duty of the officers executing the same to enter the house, building, premises, boat, vehicle, receptacle, or other place described, either in the daytime or nighttime, by force if necessary and…
Neb. Rev. Stat. § 53-1,112 Search warrant; return; form and contents.
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Any officer executing a search warrant shall forthwith make his return thereon to the court or officer issuing such search warrant of the manner and date of his execution thereof, showing what, if anything, was seized and held by such search, together with the name of the owner o…
Neb. Rev. Stat. § 53-1,113 Search warrant; sale of property seized; procedure; destruction, when required.
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(1) It shall be the duty of the officer who has seized and is holding any of the property mentioned in section 53-1,111 to make application to the court on final determination of any prosecution arising under such search and seizure, and in which such prosecution has been commenc…
Neb. Rev. Stat. § 53-1,115 Proceedings before commission; service upon parties; rehearings; costs.
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(1) A copy of the rule, regulation, order, or decision of the commission denying an application or suspending, canceling, or revoking a license or of any notice required by any proceeding before it, certified under the seal of the commission, shall be served upon each party of re…
Neb. Rev. Stat. § 53-1,116 Appeal; procedure.
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Any order or decision of the commission granting, denying, suspending, canceling, revoking, or renewing or refusing to suspend, cancel, revoke, or renew a license, special designated permit, or permit for the sale of alcoholic liquor, including beer, may be appealed, and the appe…
Neb. Rev. Stat. § 53-1,119 Local law, ordinance, resolution, or rule; penalty for drinking or intoxication; prohibited.
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(1) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense g…
Neb. Rev. Stat. § 53-1,120 Alcohol-related offenses; law, ordinance, resolution, or rule; effect.
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(1) Nothing in sections 53-1,119, 53-1,120, and 60-679 shall affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipmen…
Neb. Rev. Stat. § 53-1,120.01 County resolution or city ordinance prohibiting smoking; not applicable to cigar shops.
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No county resolution or city ordinance that prohibits smoking in indoor areas shall apply to cigar shops.
Neb. Rev. Stat. § 53-1,121 Law enforcement officer; intoxicated person; removal; civil protective custody; procedure; Department of Health and Human Services; limit on licensure actions.
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(1) City police, county sheriffs, officers of the Nebraska State Patrol, and any other such law enforcement officer with power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who…
Neb. Rev. Stat. § 53-1,122 Compliance checks; participation by minors; when.
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In order to further the public policy of deterring minors from illegally obtaining or consuming alcoholic liquor, persons under twenty-one years of age may be authorized to assist duly authorized law enforcement officers to determine compliance with sections 53-180 and 53-180.02.…
Neb. Rev. Stat. § 53-101 Act, how cited.
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Sections 53-101 to 53-1,122 shall be known and may be cited as the Nebraska Liquor Control Act.
Neb. Rev. Stat. § 53-101.01 Statement of policy.
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It is declared to be the policy of the Legislature to (1) regulate the transportation or importation of alcoholic liquor into this state when such alcoholic liquor is intended for delivery or use within the state, (2) promote adequate, economical, and efficient service by license…
Neb. Rev. Stat. § 53-101.02 Farm wineries; legislative intent.
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It is the intent of the Legislature to encourage the production, use in manufacturing, and consumption of agricultural products grown within the state by providing for the existence of farm winery operations. The Legislature recognizes that the creation of farm wineries will stim…
Repealed. Laws 1989, LB 781, § 20; Laws 1993, LB 183, § 20.
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[Repealed or reserved.]
Transferred to section 53-148.01.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-101.05 Act to be liberally construed.
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The Nebraska Liquor Control Act shall be liberally construed to the end that the health, safety, and welfare of the people of the State of Nebraska are protected and temperance in the consumption of alcoholic liquor is fostered and promoted by sound and careful control and regula…
Transferred to section 53-168.06.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-103 Definitions, where found.
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For purposes of the Nebraska Liquor Control Act, the definitions found in sections 53-103.01 to 53-103.52 apply.
Neb. Rev. Stat. § 53-103.01 Alcohol, defined.
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Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. Alcohol does not include denatured alcohol or wood alcohol.
Neb. Rev. Stat. § 53-103.02 Alcoholic liquor, defined.
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(1) Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. Alcoholic liquor also includes confections or candy that contains more th…
Neb. Rev. Stat. § 53-103.03 Beer, defined.
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Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, near beer, flavored malt beverage, and hard cider.
Neb. Rev. Stat. § 53-103.04 Brand, defined.
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Brand means alcoholic liquor identified as the product of a specific manufacturer.
Neb. Rev. Stat. § 53-103.05 Brewpub, defined.
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Brewpub means any restaurant or hotel which produces on its premises a maximum of twenty thousand barrels of beer per year.
Neb. Rev. Stat. § 53-103.06 Campus, defined.
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Campus, as it pertains to the southern boundary of the main campus of the University of Nebraska-Lincoln, means the south right-of-way line of R Street and abandoned R Street from 10th to 17th streets and, as it pertains to the western boundary of the main campus of the Universit…
Neb. Rev. Stat. § 53-103.07 Cancel, defined.
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Cancel means to discontinue all rights and privileges of a license.
Neb. Rev. Stat. § 53-103.08 Cigar shop, defined.
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Cigar shop means an establishment operated by a holder of a Class C liquor license which: (1) Does not sell food; (2) In addition to selling alcohol, annually receives ten percent or more of its gross revenue from the sale of cigars, other tobacco products, and tobacco-related pr…
Neb. Rev. Stat. § 53-103.09 Club, defined.
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(1) Club means a corporation (a) which is organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquor, (b) which is kept, used, and maintained by its members through the pa…
Neb. Rev. Stat. § 53-103.10 Commission, defined.
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Commission means the Nebraska Liquor Control Commission.
Neb. Rev. Stat. § 53-103.11 Consume, defined.
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Consume means knowingly and intentionally drinking or otherwise ingesting alcoholic liquor.
Neb. Rev. Stat. § 53-103.12 Craft brewery, defined.
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Craft brewery means a brewpub or a microbrewery.
Neb. Rev. Stat. § 53-103.13 Farm winery, defined.
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Farm winery means any enterprise which produces and sells wines produced from grapes, other fruit, or other suitable agricultural products of which at least sixty percent of the finished product is grown in this state or which meets the requirements of section 53-123.13.
Neb. Rev. Stat. § 53-103.14 Franchise or agreement, defined.
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Franchise or agreement, with reference to the relationship between a manufacturer and wholesaler, includes one or more of the following: (1) A commercial relationship of a definite duration or continuing indefinite duration which is not required to be in writing; (2) A relationsh…
Neb. Rev. Stat. § 53-103.15 Generic label, defined.
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Generic label means a label which is not protected by a registered trademark, either in whole or in part, or to which no person has acquired a right pursuant to state or federal statutory or common law.
Neb. Rev. Stat. § 53-103.16 Hotel, defined.
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Hotel means any building or other structure (1) which is kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, pe…
Neb. Rev. Stat. § 53-103.17 Local governing body, defined.
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Local governing body means (1) the city council or village board of trustees of a city or village within which the licensed premises are located or (2) if the licensed premises are not within the corporate limits of a city or village, the county board of the county within which t…
Neb. Rev. Stat. § 53-103.18 Manager, defined.
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Manager means a person appointed by a corporation or limited liability company to oversee the daily operation of the business licensed in Nebraska. A manager shall meet all the requirements of the Nebraska Liquor Control Act as though he or she were the applicant, including resid…
Neb. Rev. Stat. § 53-103.19 Manufacture, defined.
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Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and…
Neb. Rev. Stat. § 53-103.20 Manufacturer, defined.
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Manufacturer means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler, restaurant, hotel, or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying, or bottling alcoholic liquor, includi…