Chapter 53, LIQUORS
260 sections in this chapter.
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…
Neb. Rev. Stat. § 53-103.42 Wine, defined.
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Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits.
Neb. Rev. Stat. § 53-103.43 Flavored malt beverage, defined.
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Flavored malt beverage means a beer that derives not more than forty-nine percent of its total alcohol content from flavors or flavorings containing alcohol obtained by distillation, except that in the case of a malt beverage with an alcohol content of more than six percent by vo…
Neb. Rev. Stat. § 53-103.44 Hard cider, defined.
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Hard cider means still wine (1)(a) derived primarily from apples or apple concentrate and water such that apple juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, represents more than fifty percent of the volume …
Neb. Rev. Stat. § 53-103.45 Pedal-pub vehicle, defined.
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Pedal-pub vehicle means a multi-passenger, human-powered vehicle.
Neb. Rev. Stat. § 53-103.46 Powdered alcohol, defined.
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Powdered alcohol means alcohol prepared in a powdered form for either direct use or consumption after the powder is combined with a liquid.
Neb. Rev. Stat. § 53-103.47 Bottle club, defined.
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Bottle club means an operation, whether formally organized as a club having a regular membership list, dues, officers, and meetings or not, keeping and maintaining premises where persons who have made their own purchases of alcoholic liquor congregate to consume alcoholic liquor …
Neb. Rev. Stat. § 53-103.48 Farmers market, defined.
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Farmers market means any common facility or area where producers or growers gather on a regular, recurring basis to sell fruits, vegetables, meats, and other farm products directly to consumers.
Neb. Rev. Stat. § 53-103.49 Ready-to-drink cocktail, defined.
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Ready-to-drink cocktail means a beverage or confection containing spirits in an original package which contains twelve and one-half percent or less alcohol by volume.
Neb. Rev. Stat. § 53-103.50 Channel pricing, defined.
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Channel pricing means a pricing strategy that differentiates the price charged for a product based upon the type of license held by the retailer and the primary use of the premises on which the retailer operates.
Neb. Rev. Stat. § 53-103.51 Primary source of supply in the United States, defined.
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(1) Primary source of supply in the United States means: (a) The manufacturer, producer, or owner of any alcoholic liquor at the time it becomes a marketable product in the United States; (b) The bottler of any alcoholic liquor in the United States; (c) The exclusive agent within…
Neb. Rev. Stat. § 53-103.52 Rickhouse, defined.
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Rickhouse means an offsite bonded warehouse which is kept and maintained for the purpose of storing spirits in barrels for aging in order to impart flavor from the barrel into the spirits.
Neb. Rev. Stat. § 53-105 Nebraska Liquor Control Commission; creation; members; appointment; qualifications.
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There is hereby created the Nebraska Liquor Control Commission, consisting of three members to be appointed by the Governor, subject to confirmation by a majority of the members elected to the Legislature, no more than two of whom shall be members of the same political party, and…
Neb. Rev. Stat. § 53-106 Commission; members; term; removal; not to hold other office.
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The Governor shall appoint three members of the commission, one of whom he shall designate as chairman. One member shall be appointed every two years and shall hold office for a period of six years. Any appointee may be removed by the Governor, after an opportunity to be heard, f…
Neb. Rev. Stat. § 53-107 Commission; quorum; executive director; duties.
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A majority of the commission shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the commission. Every act of a majority of the members of the commission shall be deemed to be the ac…
Neb. Rev. Stat. § 53-108 Employees; appointment.
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The commission may, with the advice and approval of the Governor, appoint or employ such clerks and other employees as may be necessary to carry out the Nebraska Liquor Control Act or to perform the duties and exercise the powers conferred by law upon the commission.
Neb. Rev. Stat. § 53-109 Commissioners and employees; bonds or insurance.
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Before entering upon the duties of his or her office, each commissioner shall be bonded or insured as required by section 11-201. Employees of the commission who are accountable for public funds shall be bonded or insured as required by section 11-201 to secure the safety of such…
Neb. Rev. Stat. § 53-110 Commissioners and employees; qualifications; employment by licensee authorized; restrictions.
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(1) No person shall be appointed as a commissioner, the executive director of the commission, or an employee of the commission who is not a citizen of the United States and who has not resided within the State of Nebraska successively for two years next preceding the date of his …
Neb. Rev. Stat. § 53-111 Gifts and gratuities forbidden; violation; penalty.
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A commissioner, the executive director of the commission, or any person appointed or employed by the commission shall not solicit or accept any gift, gratuity, emolument, or employment from any person subject to the Nebraska Liquor Control Act or from any officer, agent, or emplo…
Neb. Rev. Stat. § 53-112 Commissioners and executive director; compensation; expenses.
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Each member of the commission shall receive an annual salary of not to exceed twelve thousand five hundred dollars, to be fixed by the Governor, payable monthly, and in addition expenses authorized in section 53-113 incurred on behalf of the commission. The salary of the executiv…
Neb. Rev. Stat. § 53-113 Commissioners and employees; expenses and mileage.
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The commissioners, the executive director of the commission, and all employees of the commission shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177. The commission may also incur necessary expenses for of…
Neb. Rev. Stat. § 53-114 Meetings; office; branch offices; seal; certified copies of records as evidence.
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The office of the commission shall be in Lincoln, but the commission may, with the approval of the Governor, establish and maintain branch offices at places other than the seat of government. The commission shall hold regular meetings at least once a month and may hold such speci…
Neb. Rev. Stat. § 53-115 Assistant attorney general assigned to commission; compensation; payment.
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The Attorney General of Nebraska shall designate an assistant attorney general or assistant attorneys general, when requested by the commission and directed by the Governor, and the services of such assistant attorney general or assistant attorneys general shall be available to t…
Neb. Rev. Stat. § 53-116 Power to regulate and control alcoholic liquor.
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The power to regulate all phases of the control of the manufacture, distribution, sale, and traffic of alcoholic liquor, except as specifically delegated in the Nebraska Liquor Control Act, is vested exclusively in the commission.
Neb. Rev. Stat. § 53-116.01 Retail licensees; bottle club licensees; inspection of premises; suspend, cancel, or revoke license; when; charter bus; inspection; when.
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(1) The commission and local governing bodies shall cause frequent inspection to be made on the premises of all retail licensees and bottle club licensees, and if it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or the rules and reg…
Neb. Rev. Stat. § 53-116.02 Licensee; violations; forfeiture or revocation of license.
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Whenever any retail licensee, bottle club licensee, craft brewery licensee, or microdistillery licensee has been convicted by any court of a violation of the Nebraska Liquor Control Act, the licensee may, in addition to the penalties for such offense, incur a forfeiture of the li…
Neb. Rev. Stat. § 53-117 Powers, functions, and duties.
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The commission has the following powers, functions, and duties: (1) To receive applications for and to issue licenses to and suspend, cancel, and revoke licenses of manufacturers, wholesalers, nonbeverage users, retailers, railroads including owners and lessees of sleeping, dinin…
Neb. Rev. Stat. § 53-117.01 Subpoenas; issuance; witnesses; documents.
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In the discharge of any duty herein imposed the commission shall have authority to issue subpoenas and to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony.
Neb. Rev. Stat. § 53-117.02 Disobedience to subpoena; refusal to testify; proceedings for contempt.
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In case of disobedience on the part of any person to any subpoena issued by the commission or the refusal of any witness to testify on any matters regarding which he may be lawfully interrogated, it shall be the duty of the district court for the county in which such hearing was …
Neb. Rev. Stat. § 53-117.03 Employee and management training; commission; powers and duties; fees; certification.
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(1) On or before January 1, 2007, the commission shall adopt and promulgate rules and regulations governing programs which provide training for persons employed in the sale and service of alcoholic liquor and management of licensed premises. Such rules and regulations may include…
Neb. Rev. Stat. § 53-117.05 Rules and regulations; statutes; commission; provide copies; fee authorized.
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The commission shall provide without charge to any person licensed under the Nebraska Liquor Control Act a set of rules and regulations adopted and promulgated by the commission, a copy of the Nebraska Liquor Control Act, and any other information which the commission deems impor…
Neb. Rev. Stat. § 53-117.06 Nebraska Liquor Control Commission Rule and Regulation Cash Fund; created; use; investment.
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Any money collected by the commission pursuant to section 53-117.05, 53-165.01, or 53-167.02 shall be credited to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund, which fund is hereby created. The purpose of the fund shall be to cover any administrative costs…
Neb. Rev. Stat. § 53-117.07 Proceedings to suspend, cancel, or revoke licenses before commission.
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All proceedings for the suspension, cancellation, or revocation of licenses of manufacturers, wholesalers, nonbeverage users, craft breweries, microdistilleries, railroads, airlines, shippers, boats, special party buses, and pedal-pub vehicles shall be before the commission, and …
Neb. Rev. Stat. § 53-117.08 License; suspend, cancel, or revoke; hearing; conviction; court; duty.
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The license of any licensee who violates any of the provisions of the Nebraska Liquor Control Act shall be suspended, canceled, or revoked. If any licensee violates the regulations adopted and promulgated by the commission or any lawful ordinance of the local governing body, the …