Chapter 53 — LIQUORS
325 sections in this chapter.
Neb. Rev. Stat. § 53-180 Prohibited acts relating to minors and incompetents.
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No person shall sell, furnish, give away, exchange, or deliver, or permit the sale, gift, or procuring of, any alcoholic liquors to or for any minor or to any person who is mentally incompetent.
Neb. Rev. Stat. § 53-180.01 Minor misrepresenting age; unlawful.
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No minor shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.
Neb. Rev. Stat. § 53-180.02 Minor; prohibited acts; exception; governing bodies; powers.
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Except as provided in section 53-168.06, no minor may sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads, or highways, upon property owned by the State of …
Neb. Rev. Stat. § 53-180.03 Minor; sale or gift to; misrepresenting age; parent or guardian; duties.
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No parent or guardian shall knowingly suffer or permit any minor, of whom he or she may be a parent or guardian, to violate the provisions of section 53-180.01 or 53-180.02.
Neb. Rev. Stat. § 53-180.04 Minors; warning notice; posting.
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(1) Every licensee of a place where alcoholic liquor is sold at retail shall display at all times in a prominent place a printed card with a minimum height of twenty inches and a width of fourteen inches, with each letter to be a minimum of one-fourth inch in height, which shall …
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.
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(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.
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(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.
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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.
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(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…
Repealed. Laws 1977, LB 93, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-183 Sale on credit or for goods or services forbidden; exceptions.
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(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.
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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.
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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.
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(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.
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(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.
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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 …
Repealed. Laws 2014, LB 863, § 31.
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[Repealed or reserved.]
Repealed. Laws 2014, LB 863, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-190 Premises violating law declared common nuisances.
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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.
Repealed. Laws 2014, LB 863, § 31.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-192 Transportation of liquor into state forbidden; when.
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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.
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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…
Repealed. Laws 1991, LB 344, § 75.
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[Repealed or reserved.]
Repealed. Laws 1991, LB 344, § 75.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 213, § 21.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 213, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-194.03 Transportation of liquor into state; forbidden; when; penalty.
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(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.
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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…
Repealed. Laws 1991, LB 344, § 75.
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[Repealed or reserved.]
Repealed. Laws 1978, LB 593, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 53-197 Violations; peace officer; duties; neglect of duty; penalty.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Wholesaler shall mean a wholesaler of beer licensed by the State of Nebraska.
Neb. Rev. Stat. § 53-216 Supplier; prohibited acts.
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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.
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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…