Chapter 53 — LIQUORS
325 sections in this chapter.
Neb. Rev. Stat. § 53-1 Violations; general penalties.
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Repealed.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[Repealed or reserved.]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[Repealed or reserved.]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[Repealed or reserved.]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…
Neb. Rev. Stat. § 53-103.21 Microbrewery, defined.
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Microbrewery means any small brewery producing a maximum of twenty thousand barrels of beer per year.
Neb. Rev. Stat. § 53-103.22 Microdistillery, defined.
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Microdistillery means a distillery located in Nebraska that is licensed to distill liquor on the premises of the distillery licensee and produces one hundred thousand or fewer gallons of liquor annually.
Neb. Rev. Stat. § 53-103.23 Minor, defined.
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Minor means any person, male or female, under twenty-one years of age, regardless of marital status.
Neb. Rev. Stat. § 53-103.24 Near beer, defined.
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Near beer means beer containing less than one-half of one percent of alcohol by volume.
Neb. Rev. Stat. § 53-103.25 Nonbeverage user, defined.
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Nonbeverage user means every manufacturer of any of the products set forth and described in subsection (4) of section 53-160, when such product contains alcoholic liquor, and all laboratories, hospitals, and sanatoria using alcoholic liquor for nonbeverage purposes.
Neb. Rev. Stat. § 53-103.26 Nonprofit corporation, defined.
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Nonprofit corporation means any corporation organized under the laws of this state, not for profit, which has been exempted from the payment of federal income taxes.
Neb. Rev. Stat. § 53-103.27 Original package, defined.
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Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.
Neb. Rev. Stat. § 53-103.28 Person, defined.
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Person means any natural person, trustee, corporation, partnership, or limited liability company.
Neb. Rev. Stat. § 53-103.29 Private label, defined.
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Private label means a label which the purchasing wholesaler or retailer has protected, in whole or in part, by a trademark registration or which the purchasing wholesaler or retailer has otherwise protected pursuant to state or federal statutory or common law.
Neb. Rev. Stat. § 53-103.30 Restaurant, defined.
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Restaurant means any public place (1) which is kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served, (2) which has no sleeping accommodations, and (3) which has adequate and sanitary kit…
Neb. Rev. Stat. § 53-103.31 Retailer, defined.
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Retailer means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form except as provided in section 53-175.
Neb. Rev. Stat. § 53-103.32 Revoke, defined.
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Revoke means to permanently void and recall all rights and privileges of a license.
Neb. Rev. Stat. § 53-103.33 Sale, defined.
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Sale means any transfer, exchange, or barter in any manner or by any means for a consideration and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee.
Neb. Rev. Stat. § 53-103.34 Sampling, defined.
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Sampling means consumption on the premises of a retail licensee of not more than five samples of one fluid ounce or less of alcoholic liquor by the same person in a twenty-four-hour period.
Neb. Rev. Stat. § 53-103.35 Sell, defined.
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Sell means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell.
Neb. Rev. Stat. § 53-103.36 Sell at retail and sale at retail, defined.
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Sell at retail and sale at retail means sale for use or consumption and not for resale in any form except as provided in section 53-175.
Neb. Rev. Stat. § 53-103.37 Shipping license, defined.
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Shipping license means a license granted pursuant to section 53-123.15.
Neb. Rev. Stat. § 53-103.38 Spirits, defined.
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Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution. Spirits includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when rectified, blended, or otherwise mixed with alcohol or other …
Neb. Rev. Stat. § 53-103.39 Suspend, defined.
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Suspend means to cause a temporary interruption of all rights and privileges of a license.
Neb. Rev. Stat. § 53-103.40 Territory or sales territory, defined.
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Territory or sales territory means the wholesaler's area of sales responsibility for the brand or brands of the manufacturer.
Neb. Rev. Stat. § 53-103.41 Wholesaler, defined.
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Wholesaler means a person importing or causing to be imported into the state or purchasing or causing to be purchased within the state alcoholic liquor for sale or resale to retailers licensed under the Nebraska Liquor Control Act, whether the business of the wholesaler is conduc…