Chapter 53, LIQUORS
260 sections in this chapter.
Neb. Rev. Stat. § 53-180.05 Prohibited acts relating to minors and incompetents; violations; penalties; possible alcohol overdose; actions authorized; false identification; penalty; law enforcement agency; duties.
3.4K chars
(1) Except as provided in subsection (2) of this section, any person who violates section 53-180 shall be guilty of a Class I misdemeanor. (2) Any person who knowingly and intentionally violates section 53-180 shall be guilty of a Class IIIA felony and serve a mandatory minimum o…
Neb. Rev. Stat. § 53-180.06 Documentary proof of age; separate book; record; contents.
0.7K chars
(1) To establish proof of age for the purpose of purchasing or consuming alcoholic liquor, a person shall present or display only a valid driver's or operator's license, state identification card, military identification card, alien registration card, passport, or tribal enrollme…
Neb. Rev. Stat. § 53-180.07 Minors; licensee charged with sale; defenses.
0.9K chars
In any prosecution of or any proceeding against any licensee charged with having made a sale to a minor, proof of the following shall be an absolute defense to the charge: (1)(a) The purchaser falsely represented in writing and supported with other documentary proof that he or sh…
Neb. Rev. Stat. § 53-181 Person eighteen years of age or younger; penalty; copy of abstract to Director of Motor Vehicles; possible alcohol overdose; actions authorized.
4.7K chars
(1) Except as otherwise provided in subsections (3), (4), and (5) of this section, the penalty for violation of section 53-180.02 by a person eighteen years of age or younger shall be as follows: (a) If the person convicted or adjudicated of violating such section has one or more…
Neb. Rev. Stat. § 53-183 Sale on credit or for goods or services forbidden; exceptions.
1.0K chars
(1) No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook, on an order on a store, in exchange for any goods, wares, or merchandise, or in payment for any services rendered, and if any person extends credit for any such purpose, the deb…
Neb. Rev. Stat. § 53-184 Sale only in original package; refilling forbidden; exception.
0.5K chars
No person except a manufacturer or wholesaler shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor. It shall be unlawful for any person to have in his or her possession for sale at retai…
Neb. Rev. Stat. § 53-185 Contract to sell for only one manufacturer or wholesaler; void.
0.4K chars
No manufacturer or wholesaler shall enter into any contract with any person licensed to sell at retail whereby such licensee agrees not to sell any alcoholic liquor manufactured or distributed by any other manufacturer or wholesaler. Any provision in any contract which violates t…
Neb. Rev. Stat. § 53-186 Consumption of liquor on public property; forbidden; exceptions; license authorized.
0.9K chars
(1) Except as provided in subsection (2) of this section or section 60-6,211.08, it shall be unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having…
Neb. Rev. Stat. § 53-186.01 Consumption of liquor in public places; license required; exceptions; violations; penalty.
1.0K chars
(1) It shall be unlawful for any person owning, operating, managing, or conducting any bottle club, dance hall, restaurant, cafe, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a l…
Neb. Rev. Stat. § 53-187 Nonbeverage licensee forbidden to give or sell alcoholic liquor; violation; penalty.
0.5K chars
No nonbeverage user shall sell, give away, or otherwise dispose of any alcoholic liquor, purchased under his or her license as such nonbeverage user, in any form fit for beverage purposes. Any nonbeverage user who violates this section shall pay to the commission, for the use of …
Neb. Rev. Stat. § 53-190 Premises violating law declared common nuisances.
0.3K chars
All places where alcoholic liquor is sold or consumed in violation of any provision of section 53-186.01 shall be taken and held and are declared to be common nuisances and may be abated as such in the manner provided in the Nebraska Liquor Control Act.
Neb. Rev. Stat. § 53-192 Transportation of liquor into state forbidden; when.
0.6K chars
A person or common carrier shall not haul or transport alcoholic liquor, whether by boat, airplane, automobile, truck, or other conveyance, in or into this state, for sale, or for storage and sale in this state, upon which the required labeling or gauging fee, tax, duty, or licen…
Neb. Rev. Stat. § 53-192.01 Wholesale licensee; purchases and imports; restrictions.
0.6K chars
A holder of an alcoholic liquor wholesale license shall purchase and import all alcoholic liquor from a primary American source of supply. For purposes of this section, primary American source of supply shall mean the manufacturer, the owner of alcoholic liquor at the time it bec…
Neb. Rev. Stat. § 53-194.03 Transportation of liquor into state; forbidden; when; penalty.
1.0K chars
(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport, import, bring, ship, or cause to be transported, imported, brought, or shipped into the State of Nebraska for the personal use of the possessor, his or her family, or guest…
Neb. Rev. Stat. § 53-194.04 Sale of confections or candy; license requirements; label.
0.5K chars
No person, firm, or corporation shall sell or offer for sale any confections or candy that contains more than one-half of one percent alcohol rendered unfit for beverage purposes unless licensed under the Nebraska Liquor Control Act. Any confections or candy sold in this state th…
Neb. Rev. Stat. § 53-197 Violations; peace officer; duties; neglect of duty; penalty.
1.3K chars
(1) Every sheriff, deputy sheriff, police officer, marshal, or deputy marshal who knows or who is credibly informed that any offense has been committed against any law of this state relating to the sale of alcoholic liquor shall make complaint against the person so offending with…
Neb. Rev. Stat. § 53-198 Places operated in violation of act; declared common nuisances; violations; penalty.
1.3K chars
Any room, house, building, boat, structure, or place of any kind where alcoholic liquors are sold, manufactured, bartered, or given away in violation of the Nebraska Liquor Control Act or where persons are permitted to resort for the purpose of drinking same in violation of the a…
Neb. Rev. Stat. § 53-199 Nuisance; abatement; procedure; owner or lessee may give bond.
1.9K chars
The Attorney General, any one of the assistant attorneys general assigned to the commission when directed by the commission, or the county attorney in the county where such nuisance exists or is kept or maintained may maintain an action by injunction, in the name of the State of …
Neb. Rev. Stat. § 53-201 Purpose of sections.
0.9K chars
The purpose of sections 53-201 to 53-223 is to provide fair, efficient, and competitive distribution of beer by (1) regulating the termination, expiration, and renewal of distribution agreements between beer suppliers and beer wholesalers, (2) promoting a distribution system in w…
Neb. Rev. Stat. § 53-202 Definitions, where found.
0.1K chars
For purposes of sections 53-201 to 53-223, the definitions found in sections 53-203 to 53-215 shall be used.
Neb. Rev. Stat. § 53-203 Advertising, defined.
0.5K chars
Advertising shall mean the commercial use of media forms used to make consumers aware of or familiar with the supplier's trademark, trade name, logo, slogan, colors, signs, or product. The term media forms shall include, but not be limited to, television, radio, newspaper, billbo…
Neb. Rev. Stat. § 53-204 Agreement, defined.
0.2K chars
Agreement shall mean any agreement between a wholesaler and a supplier, whether oral or written, by which a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier.
Neb. Rev. Stat. § 53-205 Ancillary business, defined.
0.6K chars
Ancillary business shall mean a business owned by a wholesaler, by a substantial stockholder of a wholesaler, by a substantial partner of a wholesaler, or by a substantial member of a limited liability company, the primary business of which is directly related to the transporting…
Neb. Rev. Stat. § 53-206 Control of a wholesaler's business, defined.
0.5K chars
Control of a wholesaler's business shall mean that combination of ownership interests which legally or in practical effect has the power to determine the policies under which the wholesaler's business shall be operated and shall include, but not be limited to, any change of owner…
Neb. Rev. Stat. § 53-207 Designated member, defined.
0.8K chars
Designated member shall mean the spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest in a wholesaler who inherits the deceased individual's ownership interest under the terms of the deceased individual's will, who has otherwise suc…
Neb. Rev. Stat. § 53-208 Good faith, defined.
0.1K chars
Good faith shall mean honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
Neb. Rev. Stat. § 53-209 Reasonable qualifications, defined.
0.6K chars
Reasonable qualifications shall mean the standard of the reasonable criteria established and consistently used by the supplier for similarly situated Nebraska wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four months…
Neb. Rev. Stat. § 53-210 Retaliatory action, defined.
0.3K chars
Retaliatory action shall include, but not be limited to, the refusal to continue an agreement or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith.
Neb. Rev. Stat. § 53-211 Sales territory, defined.
0.2K chars
Sales territory shall mean an area of exclusive sales responsibility for the brand or brands and quality thereof granted to a wholesaler by a supplier as designated in an agreement between them.
Neb. Rev. Stat. § 53-212 Substantial stockholder, substantial partner, and substantial member, defined.
0.3K chars
Substantial stockholder, substantial partner, or substantial member shall mean a stockholder of, partner in, or member of the wholesaler who owns fifty percent or more of the capital stock of a corporate wholesaler or of the partnership or the limited liability company.
Neb. Rev. Stat. § 53-213 Supplier, defined.
0.1K chars
Supplier shall mean a manufacturer or importer of beer licensed by the State of Nebraska.
Neb. Rev. Stat. § 53-214 Transfer of the wholesaler's business, defined.
0.5K chars
Transfer of the wholesaler's business shall mean the voluntary sale, assignment, or other transfer (1) of all or control of the wholesaler's business, (2) of all or substantially all of the assets of the wholesaler, or (3) of all or control of the capital stock of the wholesaler,…
Neb. Rev. Stat. § 53-215 Wholesaler, defined.
0.1K chars
Wholesaler shall mean a wholesaler of beer licensed by the State of Nebraska.
Neb. Rev. Stat. § 53-216 Supplier; prohibited acts.
7.0K chars
A supplier shall not: (1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement which contains the entire agreement with the wholesaler and designates a specific, exclusive sales territory. Any agreement which is in existence on April 18, 1989…
Neb. Rev. Stat. § 53-217 Wholesaler; prohibited acts.
2.4K chars
A wholesaler shall not: (1) Fail to devote such efforts as are required in the agreement between the supplier and wholesaler within the supplier's designated sales territory relating to the sale and distribution of the supplier's brand or brands of beer which the wholesaler has b…
Neb. Rev. Stat. § 53-218 Supplier; agreements; prohibited acts; changes or termination; procedures; quality control; temporary service interruption.
11.0K chars
(1) Notwithstanding any agreement and except as otherwise provided for in sections 53-201 to 53-223, a supplier shall not amend or modify an agreement, cause a wholesaler to resign from an agreement, or cancel, terminate, fail to renew, or refuse to continue under an agreement un…
Neb. Rev. Stat. § 53-219 Wholesaler's business; transfer; restrictions.
2.6K chars
(1) Upon written notice of intent to transfer the wholesaler's business, any individual owning or personal representative of a deceased individual who owned an interest in a wholesaler's business may transfer the wholesaler's business to a designated member or to any other person…
Neb. Rev. Stat. § 53-220 Supplier; violations; compensation to wholesaler.
0.9K chars
A supplier that, in violation of section 53-218 or 53-219, (1) has amended, modified, canceled, terminated, or refused to renew any agreement, (2) has caused a wholesaler to resign from an agreement, or (3) has interfered with, prevented, or unreasonably delayed or, when required…
Neb. Rev. Stat. § 53-221 Wholesaler; waiver of rights prohibited; dispute settlements.
0.3K chars
A wholesaler may not waive any of the rights granted in sections 53-201 to 53-223, and the provisions of any agreement which would have such an effect shall be null and void. Nothing in such sections shall be construed to limit or prohibit good faith dispute settlements voluntari…
Neb. Rev. Stat. § 53-222 Applicability of sections; transfer of business; effect on agreements.
0.8K chars
(1) Sections 53-201 to 53-223 shall apply to agreements in existence on April 18, 1989, and agreements entered into or renewed after such date. (2) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and cond…
Neb. Rev. Stat. § 53-223 Civil actions authorized; damages; jurisdiction.
2.0K chars
(1) If a supplier engages in conduct prohibited under sections 53-201 to 53-223, a wholesaler with whom the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a whole…
Neb. Rev. Stat. § 53-301 Nebraska Grape and Winery Board; created.
0.9K chars
(1) The Nebraska Grape and Winery Board is created. The board shall consist of five members to be appointed by the Governor on a nonpartisan basis. All board members shall be (a) citizens of Nebraska, (b) at least twenty-one years of age, and (c) either engaged in or previously e…
Neb. Rev. Stat. § 53-302 Board; officers; terms; expenses.
1.6K chars
(1) Within thirty days after the appointment of the initial members of the Nebraska Grape and Winery Board, such board shall conduct its first regular meeting. During that meeting, the board members shall elect from among themselves, by majority vote, a chairperson, vice-chairper…
Neb. Rev. Stat. § 53-303 Board; powers and duties.
0.9K chars
The duties and responsibilities of the Nebraska Grape and Winery Board include, but are not limited to, the following: (1) To establish a public forum whereby any producer of wine, grapes, or other wine-producing agricultural products has the opportunity, at least once annually, …
Neb. Rev. Stat. § 53-304 Winery; payments required; Winery and Grape Producers Promotional Fund; created; use; investment.
2.1K chars
Each Nebraska winery shall pay to the Nebraska Liquor Control Commission twenty dollars for every one hundred sixty gallons of juice produced or received by its facility. Gifts, grants, or bequests may be received for the support of the Nebraska Grape and Winery Board. Funds paid…
Neb. Rev. Stat. § 53-305 Board; annual report.
1.1K chars
The Nebraska Grape and Winery Board shall make and publish an annual report on or before January 1 of each year, which report shall set forth in detail the following: (1) The name and address of each board member and a copy of all rules and regulations adopted and promulgated by …
Neb. Rev. Stat. § 53-401 Act, how cited.
0.1K chars
Sections 53-401 to 53-409 shall be known and may be cited as the Minor Alcoholic Liquor Liability Act.
Neb. Rev. Stat. § 53-402 Purposes of act.
0.3K chars
The purposes of the Minor Alcoholic Liquor Liability Act are to prevent intoxication-related traumatic injuries, deaths, and other damages and to establish a legal basis for obtaining compensation for persons suffering damages as a result of provision or service of alcoholic liqu…
Neb. Rev. Stat. § 53-403 Terms, defined.
1.7K chars
For purposes of the Minor Alcoholic Liquor Liability Act: (1) Alcoholic liquor has the definition found in section 53-103.02; (2) Intoxication means an impairment of a person's mental or physical faculties as a result of his or her use of alcoholic liquor so as to diminish the pe…
Neb. Rev. Stat. § 53-404 Cause of action authorized.
0.8K chars
Any person who sustains injury or property damage, or the estate of any person killed, as a proximate result of the negligence of an intoxicated minor shall have, in addition to any other cause of action available in tort, a cause of action against: (1) A social host who allowed …