Chapter 53 — LIQUORS
325 sections in this chapter.
Neb. Rev. Stat. § 53-218 Supplier; agreements; prohibited acts; changes or termination; procedures; quality control; temporary service interruption.
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(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.
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(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.
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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.
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 …
Neb. Rev. Stat. § 53-405 Defense.
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It shall be a complete defense in any action brought under the Minor Alcoholic Liquor Liability Act that the intoxication did not contribute to the negligent conduct.
Neb. Rev. Stat. § 53-406 Limitation on cause of action.
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No cause of action under the Minor Alcoholic Liquor Liability Act shall be available to the intoxicated person, his or her estate, or anyone whose claim is based upon injury to or death of the intoxicated person.
Neb. Rev. Stat. § 53-407 Damages.
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In an action under the Minor Alcoholic Liquor Liability Act, damages may be awarded for all actual damages, including damages for wrongful death, as in other tort actions.
Neb. Rev. Stat. § 53-408 Statute of limitation.
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Notwithstanding any other provision of law, any action under the Minor Alcoholic Liquor Liability Act shall be brought within four years after the occurrence causing the injury, property damage, or death.
Neb. Rev. Stat. § 53-409 Effect of settlement and release; offset; joint and several liability; right of contribution.
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(1) A plaintiff's settlement and release of one defendant in an action under the Minor Alcoholic Liquor Liability Act does not bar claims against any other defendant. (2) The amount paid to a plaintiff in consideration for the settlement and release of a defendant in an action un…
Neb. Rev. Stat. § 53-501 Nebraska Craft Brewery Board; created; members; qualifications; vacancy.
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(1) The Nebraska Craft Brewery Board is created. All board members shall be (a) citizens of Nebraska, (b) at least twenty-one years of age, and (c) either engaged in or previously engaged in the manufacture or the wholesale or retail sale of beer in this state or engaged or previ…
Neb. Rev. Stat. § 53-502 Nebraska Craft Brewery Board; meetings; members; terms; expenses; removal; procedure.
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(1) Within thirty days after the appointment of the initial members of the Nebraska Craft Brewery 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-chairperson…
Neb. Rev. Stat. § 53-503 Nebraska Craft Brewery Board; powers and duties.
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The Nebraska Craft Brewery Board has the following powers and duties: (1) Establish a public forum to provide any manufacturer of beer or producer of agricultural products used in the brewing process the opportunity, at least once annually, to discuss with the board its policies …
Neb. Rev. Stat. § 53-504 Nebraska Beer Industry Promotional Fund; created; use; investment; holder of craft brewery license; annual fee; use.
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(1) The Nebraska Beer Industry Promotional Fund is created. The fund shall consist of money credited pursuant to this section, fees received from shipping licenses issued to beer manufacturers pursuant to subsection (2) of section 53-123.15, gifts, grants, bequests, and any money…
Neb. Rev. Stat. § 53-505 Nebraska Craft Brewery Board; annual report; contents; fee.
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(1) The Nebraska Craft Brewery Board shall publish an annual report on or before January 1 of each year which shall set forth in detail the following: (a) The name and address of each board member and a copy of all rules and regulations adopted and promulgated by the board; and (…