reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-177 - Sale at retail; bottle club license; restrictions as to locality.

53-177.
Sale at retail; bottle club license; restrictions as to locality.
(1) Except as otherwise provided in subsection (2) of this section, no license shall be issued for the sale at retail of any alcoholic liquor or for a bottle club within one hundred fifty feet of any church, school, hospital, or home for indigent persons or for veterans and their wives or children. This prohibition does not apply (a) to any location within such distance of one hundred fifty feet for which a license to sell alcoholic liquor at retail or for a bottle club has been granted by the commission for two years continuously prior to making of application for license, (b) to hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935, or (c) to a college or university in the state which is subject to section 53-177.01.
(2) If a proposed location for the sale at retail of any alcoholic liquor or for a bottle club is within one hundred fifty feet of any church, a license may be issued if the commission gives notice to the affected church and holds a hearing as prescribed in section 53-133 if the affected church submits a written request for a hearing.
Source
Laws 1935, c. 116, § 35, p. 399;
C.S.Supp.,1941, § 53-335;
R.S.1943, § 53-177;
Laws 1947, c. 189, § 2, p. 626;
Laws 1965, c. 322, § 1, p. 914;
Laws 1999, LB 267, § 13;
Laws 2009, LB232, § 3;
Laws 2010, LB861, § 76;
Laws 2011, LB407, § 7;
Laws 2015, LB330, § 25;
Laws 2018, LB1120, § 25.
Annotations
The plain, ordinary, and popular meaning of the word "church" includes a building in which people assemble for the worship of God and for the administration of such offices and services as pertain to that worship, a building used predominantly for the honor of God and religion, and a place where persons regularly assemble for worship. A building which is used predominantly for the honor of a religion would likewise include buildings in which people assemble for non-Christian worship, such as a mosque, a synagogue, or a temple. City of Omaha v. Kum & Go, 263 Neb. 724, 642 N.W.2d 154 (2002).
Distance between church and place where intoxicating liquor is sold is measured in a straight line between the nearest walls of the two buildings. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-178 - Sale at retail; forbidden in dwelling or lodging house; exceptions.

53-178.
Sale at retail; forbidden in dwelling or lodging house; exceptions.
Except in the case of hotels and clubs, no alcoholic liquor shall be manufactured or sold at retail or wholesale upon any premises which have any access which leads from such premises to any other portion of the same building or structure used for dwelling or lodging purposes and permitted to be used or kept accessible for use by the public. This section does not prevent any connection between such premises and such other portion of the building or structure which is used only by the licensee or his or her family and personal guests.
Source
Laws 1935, c. 116, § 36, p. 399;
C.S.Supp.,1941, § 53-336;
R.S.1943, § 53-178;
Laws 2016, LB1105, § 28.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-178.01 - Licensee; sale to person within motor vehicle; prohibited; exceptions.

53-178.01.
Licensee; sale to person within motor vehicle; prohibited; exceptions.
(1) No licensee shall sell alcoholic liquor, including beer, to any person for consumption off the licensed premises while such person is in any manner within any motor vehicle except as provided in subsection (2) of this section.
(2)(a) A business holding a Class B, Class C, Class D, Class L, Class Y, or Class Z license to sell alcoholic liquor at retail may sell alcoholic liquor authorized under such license to a person twenty-one years of age or older within a motor vehicle if (a) the alcoholic liquor is sold along with food, (b) the motor vehicle is in park, and (c) the alcoholic liquor is placed in the trunk of the motor vehicle or the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
(b) A licensee which sells alcoholic liquor in the manner authorized under this section shall provide notice to the commission during initial licensure or at the time of the licensee's annual renewal regarding such sales.
(3) This section shall not apply to sales to handicapped persons in a motor vehicle displaying a current handicapped license plate issued by the Department of Motor Vehicles.
Source
Laws 1965, c. 318, § 17, p. 903;
Laws 1973, LB 111, § 7;
Laws 1978, LB 386, § 7;
R.S.1943, (1984), § 53-160.08;
Laws 1991, LB 344, § 60;
Laws 2021, LB274, § 18.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180 - Prohibited acts relating to minors and incompetents.

53-180.
Prohibited acts relating to minors and incompetents.
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.
Source
Laws 1935, c. 116, § 38, p. 400;
Laws 1937, c. 125, § 1, p. 437;
C.S.Supp.,1941, § 53-338;
Laws 1943, c. 121, § 1, p. 419;
R.S.1943,§ 53-180;
Laws 1951, c. 174, § 1(1), p. 664;
Laws 1980, LB 848, § 17;
Laws 2011, LB667, § 21.
Cross References
Minor Alcoholic Liquor Liability Act, see section 53-401.
Annotations
This section does not make it a crime to permit the possession or consumption of alcohol by a minor. State v. Jansen, 241 Neb. 196, 486 N.W.2d 913 (1992).
A criminal conviction under this section may rest upon circumstantial evidence. State v. Wilson, 238 Neb. 217, 469 N.W.2d 749 (1991).
This section does not create a duty toward third parties, and, as such, it does not fix a standard of care, the violation of which could be proof of negligence in actions by third parties. Pelzek v. American Legion, 236 Neb. 608, 463 N.W.2d 321 (1990).
In procuring liquor for a minor, which does not involve a specific criminal intent, the general criminal intent is supplied by the performance of the proscribed act. State v. Lesiak, 234 Neb. 163, 449 N.W.2d 550 (1989).
This section does not create a duty toward third parties and, therefore, the statute does not fix a standard of care, the violation of which could be proof of negligence in actions by third parties. Schroer v. Synowiecki, 231 Neb. 168, 435 N.W.2d 875 (1989).
Requisite intent may be inferred from defendant's acts and surrounding circumstances, so evidence was sufficient to support conviction. State v. Smith, 221 Neb. 406, 377 N.W.2d 527 (1985).
The Nebraska Liquor Control Act does not create a civil cause of action in favor of third parties for violation of this section, nor is such violation evidence of negligence. Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976).
City ordinance prohibiting sale of intoxicating liquors to minors is not void as being inconsistent with state statute. Bodkin v. State, 132 Neb. 535, 272 N.W. 547 (1937).
Procuring alcoholic liquor for a minor is a general intent crime, and there is sufficient evidence to convict a defendant even when he or she did not intend for a minor to obtain the alcohol which the defendant purchased. State v. Butzke, 7 Neb. App. 360, 584 N.W.2d 449 (1998).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.01 - Minor misrepresenting age; unlawful.

53-180.01.
Minor misrepresenting age; unlawful.
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.
Source
Laws 1935, c. 116, § 38, p. 400;
Laws 1937, c. 125, § 1, p. 437;
C.S.Supp.,1941, § 53-338;
Laws 1943, c. 121, § 1, p. 419;
R.S.1943, § 53-180;
Laws 1951, c. 174, § 1(2), p. 664.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.02 - Minor; prohibited acts; exception; governing bodies; powers.

53-180.02.
Minor; prohibited acts; exception; governing bodies; powers.
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 Nebraska or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads, or highways, or upon property owned by the State of Nebraska or any subdivision thereof, except that a minor may consume, possess, or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.
The governing bodies of counties, cities, and villages shall have the power to, and may by applicable resolution or ordinance, regulate, suppress, and control the transportation, consumption, or knowing possession of or having under his or her control beer or other alcoholic liquor in or transported by any motor vehicle, by any person under twenty-one years of age, and may provide penalties for violations of such resolution or ordinance.
Source
Laws 1951, c. 174, § 1(3), p. 664;
Laws 1955, c. 205, § 1, p. 584;
Laws 1957, c. 233, § 1, p. 792;
Laws 1965, c. 323, § 1, p. 915;
Laws 1967, c. 337, § 1, p. 904;
Laws 1969, c. 440, § 2, p. 1473;
Laws 1980, LB 221, § 3;
Laws 1980, LB 848, § 18;
Laws 1981, LB 124, § 4;
Laws 1984, LB 56, § 2;
Laws 1991, LB 344, § 62;
Laws 2001, LB 114, § 4;
Laws 2007, LB573, § 11.
Annotations
Circumstantial evidence can be sufficient to sustain a conviction of a minor in possession in violation of this section. When relying upon circumstantial evidence, it is not necessary for the State to disprove every hypothesis but that of guilt. One accused of a crime may be convicted on the basis of circumstantial evidence if, taken as a whole, the evidence establishes guilt beyond a reasonable doubt. Circumstantial evidence is sufficient to support a conviction if such evidence and the reasonable inferences that may be drawn therefrom establish the defendant's guilt beyond a reasonable doubt. State v. Laue, 225 Neb. 57, 402 N.W.2d 313 (1987).
Circumstantial evidence was sufficient to sustain a conviction under this section. State v. Reeder, 183 Neb. 425, 160 N.W.2d 753 (1968).
To sustain conviction, minor must have known or have been conscious of actual or constructive possession of intoxicating liquor. State v. Eberhardt, 176 Neb. 18, 125 N.W.2d 1 (1963).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.03 - Minor; sale or gift to; misrepresenting age; parent or guardian; duties.

53-180.03.
Minor; sale or gift to; misrepresenting age; parent or guardian; duties.
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.
Source
Laws 1951, c. 174, § 1(4), p. 664;
Laws 1961, c. 258, § 6, p. 765.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.04 - Minors; warning notice; posting.

53-180.04.
Minors; warning notice; posting.
(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 read as follows:
WARNING TO PERSONS UNDER 21
YOU ARE SUBJECT TO
NOTIFICATION OF PARENTS OR GUARDIAN
AND
YOU ARE SUBJECT TO A PENALTY OF UP TO
$500 FINE
3 MONTHS IN JAIL
OR BOTH IF YOU ARE UNDER 21 AND YOU CONSUME,
PURCHASE, ATTEMPT TO PURCHASE,
OR HAVE IN YOUR POSSESSION
ALCOHOLIC LIQUOR IN THIS ESTABLISHMENT
AND
WARNING TO ADULTS
YOU ARE SUBJECT TO A PENALTY OF UP TO
$1000 FINE
1 YEAR IN JAIL
OR BOTH
IF YOU ARE 21 OR OVER AND YOU PURCHASE
ALCOHOLIC LIQUOR
FOR A PERSON UNDER 21
AND
WARNING TO PURCHASERS OF BEER KEGS
PROPER IDENTIFICATION AND PURCHASER'S SIGNATURE
ARE REQUIRED
LAWS OF THE STATE OF NEBRASKA
(2) Such warning sign may be provided electronically by the commission to the licensee.
Source
Laws 1951, c. 174, § 1(5), p. 664;
Laws 1963, c. 313, § 1, p. 943;
Laws 1969, c. 440, § 3, p. 1474;
Laws 1980, LB 221, § 4;
Laws 1980, LB 848, § 19;
Laws 1984, LB 56, § 3;
Laws 1985, LB 493, § 1;
Laws 1993, LB 332, § 7;
Laws 2001, LB 114, § 5;
Laws 2022, LB1204, § 9.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.06 - Documentary proof of age; separate book; record; contents.

53-180.06.
Documentary proof of age; separate book; record; contents.
(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, or passport.
(2) Every holder of a retail license may maintain, in a separate book, a record of each person who has furnished documentary proof of age for the purpose of making any purchase of alcoholic liquor. The record shall show the name and address of the purchaser, the date of the purchase, and a description of the identification used and shall be signed by the purchaser.
Source
Laws 1969, c. 437, § 1, p. 1467;
Laws 1991, LB 454, § 2;
Laws 1999, LB 267, § 14;
Laws 2013, LB173, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-180.07 - Minors; licensee charged with sale; defenses.

53-180.07.
Minors; licensee charged with sale; defenses.
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 she was of legal age to purchase alcoholic liquor;
(b) The appearance of such purchaser was such that an ordinary and prudent person would believe that such appearance conformed to any documentary description of appearance presented by the purchaser; and
(c) The seller was acting in good faith, in reliance upon the written representation, other documentary evidence, and the appearance of the purchaser, and in the belief the purchaser was of legal age to make such purchase; or
(2) The seller was acting with the knowledge of and in cooperation with a duly authorized law enforcement officer.
Source
Laws 1969, c. 437, § 2, p. 1467;
Laws 1978, LB 386, § 9;
Laws 1991, LB 344, § 63;
Laws 1993, LB 561, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-183 - Sale on credit or for goods or services forbidden; exceptions.

53-183.
Sale on credit or for goods or services forbidden; exceptions.
(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 debt thereby attempted to be created shall not be recoverable at law.
(2) Nothing in this section shall prevent:
(a) Any club holding a Class C license from permitting checks or statements for alcoholic liquor to be signed by members or bona fide guests of members and charged to the account of such members or guests in accordance with the bylaws of such club;
(b) Any hotel or restaurant holding a retail license from permitting checks or statements for liquor to be signed by regular guests residing at such hotel or eating at such restaurant and charged to the accounts of such guests; or
(c) Any licensed retailer engaged in the sale of wine or distilled spirits from issuing tasting cards to customers.
Source
Laws 1935, c. 116, § 40, p. 401;
C.S.Supp.,1941, § 53-340;
R.S.1943, § 53-183;
Laws 1959, c. 252, § 1, p. 883;
Laws 1978, LB 386, § 10;
Laws 1991, LB 344, § 64;
Laws 2011, LB314, § 1;
Laws 2014, LB863, § 25.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-184 - Sale only in original package; refilling forbidden; exception.

53-184.
Sale only in original package; refilling forbidden; exception.
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 retail any bottles, casks, or other containers containing alcoholic liquor except in original packages. Nothing in this section shall prohibit the refilling of original packages of alcoholic liquor for strictly private use and not for resale.
Source
Laws 1935, c. 116, § 41, p. 401;
C.S.Supp.,1941, § 53-341;
R.S.1943, § 53-184;
Laws 1991, LB 124, § 1;
Laws 1991, LB 344, § 65.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-185 - Contract to sell for only one manufacturer or wholesaler; void.

53-185.
Contract to sell for only one manufacturer or wholesaler; void.
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 this section shall render the entire contract void, and no action shall be brought on such contract in any court.
Source
Laws 1935, c. 116, § 42, p. 401;
C.S.Supp.,1941, § 53-342;
R.S.1943, § 53-185;
Laws 1991, LB 344, § 66.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-186 - Consumption of liquor on public property; forbidden; exceptions; license authorized.

53-186.
Consumption of liquor on public property; forbidden; exceptions; license authorized.
(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 jurisdiction over such property.
(2) The commission may issue licenses for the sale of alcoholic liquor at retail (a) on lands owned by public power districts, public power and irrigation districts, the Bureau of Reclamation, or the Corps of Army Engineers or (b) for locations within or on structures on land owned by the state, cities, or villages or on lands controlled by airport authorities. The issuance of a license under this subsection shall be subject to the consent of the local governing body having jurisdiction over the site for which the license is requested as provided in the Nebraska Liquor Control Act.
Source
Laws 1935, c. 116, § 44, p. 402;
C.S.Supp.,1941, § 53-344;
R.S.1943, § 53-186;
Laws 1953, c. 182, § 5, p. 576;
Laws 1967, c. 332, § 12, p. 891;
Laws 1993, LB 235, § 45;
Laws 1999, LB 585, § 1;
Laws 2011, LB281, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-186.01 - Consumption of liquor in public places; license required; exceptions; violations; penalty.

53-186.01.
Consumption of liquor in public places; license required; exceptions; violations; penalty.
(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 license issued for such premises pursuant to the Nebraska Liquor Control Act.
(2) It shall be unlawful for any person to consume alcoholic liquor in any bottle club, dance hall, restaurant, cafe, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the act.
(3) This section shall not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under section 60-6,211.08.
(4) Any person violating subsection (1) of this section shall, upon conviction thereof, be subject to the penalties contained in section 53-1,100.
(5) Any person violating subsection (2) of this section shall be guilty of a Class III misdemeanor.
Source
Laws 1965, c. 318, § 1, p. 885;
Laws 1978, LB 386, § 11;
Laws 1991, LB 344, § 67;
Laws 1991, LB 454, § 3;
Laws 2011, LB281, § 2;
Laws 2018, LB1120, § 27.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-187 - Nonbeverage licensee forbidden to give or sell alcoholic liquor; violation; penalty.

53-187.
Nonbeverage licensee forbidden to give or sell alcoholic liquor; violation; penalty.
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 the General Fund, the sum of three dollars and seventy-five cents for each gallon of alcoholic liquor so diverted, and in addition thereto shall be subject to the penalties provided in section 53-1,100.
Source
Laws 1935, c. 116, § 57, p. 408;
Laws 1939, c. 64, § 2, p. 271;
C.S.Supp.,1941, § 53-357;
R.S.1943, § 53-187;
Laws 1959, c. 250, § 3, p. 877;
Laws 1965, c. 319, § 4, p. 910;
Laws 2016, LB1105, § 29.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-190 - Premises violating law declared common nuisances.

53-190.
Premises violating law declared common nuisances.
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.
Source
Laws 1935, c. 116, § 61, p. 409;
C.S.Supp.,1941, § 53-361;
R.S.1943, § 53-190;
Laws 1965, c. 318, § 11, p. 901;
Laws 2014, LB863, § 26.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-192 - Transportation of liquor into state forbidden; when.

53-192.
Transportation of liquor into state forbidden; when.
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 license has not been paid. 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 personal use, unless the required labeling or gauging fee, tax, duty, or license has been paid, either in this state or the state where such alcoholic liquor was purchased.
Source
Laws 1935, c. 116, § 68, p. 410;
C.S.Supp.,1941, § 53-368;
R.S.1943, § 53-192;
Laws 1991, LB 344, § 69;
Laws 2000, LB 973, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-192.01 - Wholesale licensee; purchases and imports; restrictions.

53-192.01.
Wholesale licensee; purchases and imports; restrictions.
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 becomes a marketable product, or the manufacturer's or owner's agent, who, if such liquor cannot be secured directly from such manufacturer or owner by American wholesalers, is the source closest to such manufacturer or owner in the channel of commerce from which the product can be secured by American wholesalers.
Source
Laws 1994, LB 1292, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-194.03 - Transportation of liquor into state; forbidden; when; penalty.

53-194.03.
Transportation of liquor into state; forbidden; when; penalty.
(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 guests a quantity of alcoholic liquor in excess of nine liters in any one calendar month.
(2) Subsection (1) of this section does not apply to a person importing alcoholic liquor from a holder of a retail direct sales shipping license or its equivalent, which alcoholic liquor is for personal use or for use by such person’s family or guests, if the total amount imported by such person in any one calendar year does not exceed one hundred eight liters.
(3) Alcoholic liquor transported, imported, brought, or shipped into the State of Nebraska in violation of this section shall be seized by the commission and disposed of in the manner provided for contraband. Any person violating this section shall be guilty of a Class IV misdemeanor.
Source
Laws 1985, LB 359, § 4;
Laws 1994, LB 1292, § 9;
Laws 2016, LB1105, § 30.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-194.04 - Sale of confections or candy; license requirements; label.

53-194.04.
Sale of confections or candy; license requirements; label.
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 that contains more than one-half of one percent alcohol rendered unfit for beverage purposes shall bear a label containing the following statement: Sale of this product to persons under the legal age for purchasing alcoholic liquor is unlawful.
Source
Laws 1988, LB 901, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-197 - Violations; peace officer; duties; neglect of duty; penalty.

53-197.
Violations; peace officer; duties; neglect of duty; penalty.
(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 within their respective jurisdictions to the proper court, and for every neglect or refusal so to do, every such officer shall be guilty of a Class V misdemeanor.
(2) 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 report such offense in writing to the executive director of the commission (a) within thirty days after such offense is committed, (b) within thirty days after such sheriff, deputy sheriff, police officer, marshal, or deputy marshal is informed of such offense, (c) within thirty days after the conclusion of an ongoing police investigation, or (d) within thirty days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later.
Source
Laws 1935, c. 116, § 75, p. 412;
C.S.Supp.,1941, § 53-375;
R.S.1943, § 53-197;
Laws 1972, LB 1032, § 257;
Laws 1977, LB 40, § 318;
Laws 1988, LB 1030, § 44;
Laws 2011, LB641, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-198 - Places operated in violation of act; declared common nuisances; violations; penalty.

53-198.
Places operated in violation of act; declared common nuisances; violations; penalty.
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 act, or any place where such liquors are kept for sale, barter, or gift in violation of the act, and all such liquors, and all property kept in and used in maintaining such a place, are each and all of them hereby declared to be a common nuisance. Any person who maintains or assists in maintaining such common nuisance shall be guilty of a violation of the act. If it is proved that the owner of any building or premises has knowingly suffered the same to be used or occupied for the manufacture, sale, or possession of alcoholic liquors contrary to the provisions of the act, such building or premises shall be subject to a lien for and may be sold to pay all fines and costs assessed against the occupant of such building or premises for any violation of the act. Such lien shall be immediately enforced by civil action in any court having jurisdiction by the county attorney of the county wherein such building or premises is located or by one of the assistant attorneys general assigned to the commission when directed by the commission.
Source
Laws 1935, c. 116, § 76, p. 413;
C.S.Supp.,1941, § 53-376;
R.S.1943, § 53-198;
Laws 1994, LB 859, § 9.
Annotations
Sale of liquor by the drink outside corporate limits of city or village was a common nuisance. State ex rel. Fitzgerald v. Kubik, 167 Neb. 219, 92 N.W.2d 533 (1958).
Maintenance of place outside corporate limits of city where persons were permitted to resort for purpose of drinking alcoholic liquors violated this section. State ex rel. Johnson v. Hash, 144 Neb. 495, 13 N.W.2d 716 (1944).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-199 - Nuisance; abatement; procedure; owner or lessee may give bond.

53-199.
Nuisance; abatement; procedure; owner or lessee may give bond.
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 Nebraska, to abate and temporarily or permanently to enjoin such nuisance. The court shall have the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action, and upon final judgment against the defendant, such court shall also order that such room, house, building, structure, boat, or place of any kind shall be closed and padlocked for a period of not less than three months nor more than two years and until the owner, lessee, tenant, or occupant thereof gives bond with sufficient surety to be approved by the court making the order, in the penal sum of not less than one thousand dollars, payable to the State of Nebraska and conditioned that no alcoholic liquors will thereafter be manufactured, possessed, sold, bartered, given away, furnished, or otherwise disposed of thereon or therein, or kept thereon or therein with intent to sell, barter, give away, or otherwise dispose of the same, contrary to the Nebraska Liquor Control Act, and that he or she and his or her surety will pay all fines and costs assessed for any violation of the act. If any condition of such bond is violated, the whole amount may be recovered as a penalty for the use of the State of Nebraska; and in such suit on the bond, both the principal and surety shall be joined as party defendants, and satisfaction may be had from either of them. In such action a notice to nonresident defendants may be given by publication as authorized by law under the code of civil procedure, or upon their agents for service in this state, if any.
Source
Laws 1935, c. 116, § 77, p. 413;
C.S.Supp.,1941, § 53-377;
R.S.1943, § 53-199;
Laws 1994, LB 859, § 10.
Cross References
Service by publication, see sections 25-518.01 to 25-523.
Annotations
Common nuisance arising from sale of liquor by drink outside city or village can be abated by injunction. State ex rel. Fitzgerald v. Kubik, 167 Neb. 219, 92 N.W.2d 533 (1958).
Court of equity has jurisdiction to padlock building and enjoin maintenance of nuisance by injunction for violation of Liquor Control Act. State ex rel. Johnson v. Hash, 145 Neb. 405, 16 N.W.2d 734 (1944).
Premises outside corporate limits of city, where intoxicating liquors were habitually brought for consumption which owner encouraged by sale of setups, was a public nuisance. State ex rel. Johnson v. Hash, 144 Neb. 495, 13 N.W.2d 716 (1944).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,100 - Violations; general penalties.

53-1,100.
Violations; general penalties.
(1) Any person (a) who imports alcoholic liquor for distribution as a wholesaler or distributes or sells alcoholic liquor at any place within the state without having first obtained a valid license to do so under the Nebraska Liquor Control Act, (b) who manufactures alcoholic liquor other than spirits within the state without having first obtained a valid license to do so under the act, (c) who makes any false statement or otherwise violates any of the provisions of the act in obtaining any license under the act, (d) who, having obtained a license under the act, violates any of the provisions of the act with respect to the manufacture, possession, distribution, or sale of alcoholic liquor or with respect to the maintenance of the licensed premises, or (e) who violates any other provision of the act for which a penalty is not otherwise provided, shall for a first offense be guilty of a Class IV misdemeanor and for a second or subsequent offense shall be guilty of a Class II misdemeanor.
(2) Any person who manufactures spirits at any place within the state without having first obtained a valid license to do so under the act shall be guilty of a Class I misdemeanor for a first offense and a Class IV felony for a second or subsequent offense.
(3) Each day any person engages in business as a manufacturer, wholesaler, retailer, or bottle club in violation of the act shall constitute a separate offense.
(4) In any prosecution in which a person is charged with an offense arising out of the failure to obtain a valid license as provided in subdivision (1)(a) or (b) or subsection (2) of this section, evidence of the failure of the accused to produce such license upon demand shall constitute prima facie proof that a license has not been issued by the commission to such person.
Source
Laws 1935, c. 116, § 63, p. 409;
C.S.Supp.,1941, § 53-363;
R.S.1943, § 53-1,100;
Laws 1945, c. 128, § 1, p. 411;
Laws 1949, c. 170, § 1, p. 450;
Laws 1977, LB 40, § 319;
Laws 1991, LB 344, § 70;
Laws 2016, LB1105, § 31;
Laws 2018, LB1120, § 28.
Annotations
It is a penal offense for owner and operator of a truck, who has not been designated as a carrier of alcoholic liquor or granted a permit, to transport from another state a cargo of unstamped alcoholic liquors, consigned to a bonded warehouse in this state. State v. Hyslop, 131 Neb. 681, 269 N.W. 512 (1936).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,101 - Owner of premises or agent knowing of violations; penalty.

53-1,101.
Owner of premises or agent knowing of violations; penalty.
If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, knowingly permits the licensee to use such licensed premises in violation of the terms of the Nebraska Liquor Control Act, such owner, agent, or other person shall be deemed guilty of a violation of the act to the same extent as such licensee and be subject to the same punishment.
Source
Laws 1935, c. 116, § 64, p. 409;
C.S.Supp.,1941, § 53-364;
R.S.1943, § 53-1,101;
Laws 1994, LB 859, § 11.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,102 - Violations by agent or employee of licensee; deemed act of licensee, when.

53-1,102.
Violations by agent or employee of licensee; deemed act of licensee, when.
Every act or omission of whatsoever nature constituting a violation of any of the provisions of the Nebraska Liquor Control Act by any officer, director, manager, or other agent or employee of any licensee, if such act is committed or omission is made with the authorization, knowledge, or approval of the licensee, shall be deemed and held to be the act of such employer or licensee, and such employer or licensee shall be punishable in the same manner as if such act or omission had been done or omitted by him or her personally.
Source
Laws 1935, c. 116, § 65, p. 410;
C.S.Supp.,1941, § 53-365;
R.S.1943, § 53-1,102;
Laws 1994, LB 859, § 12.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,103 - False branding; penalty.

53-1,103.
False branding; penalty.
Any person who knowingly possesses, sells, ships, transports, or in any way disposes of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of such alcoholic liquor or who causes any such act to be done shall forfeit to the state such alcoholic liquor and such packages and containers and shall be subject to the punishment and penalties provided for violation of the Nebraska Liquor Control Act.
Source
Laws 1935, c. 116, § 66, p. 410;
C.S.Supp.,1941, § 53-366;
R.S.1943, § 53-1,103;
Laws 1994, LB 859, § 13.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,105 - Sufficiency of charge of violation; sufficiency of proof.

53-1,105.
Sufficiency of charge of violation; sufficiency of proof.
In any indictment, information, affidavit, or complaint charging the violation of any of the provisions of the Nebraska Liquor Control Act, it shall be sufficient to charge that the accused unlawfully manufactured, sold, offered for sale, kept for sale, delivered, or otherwise unlawfully disposed of alcoholic liquor without any further or more specific description of such liquor, and proof of any kind of alcoholic liquor unlawfully manufactured, sold, offered for sale, kept for sale, delivered, or otherwise unlawfully disposed of shall be sufficient proof as to the character or kind of alcoholic liquor.
Source
Laws 1935, c. 116, § 71, p. 411;
C.S.Supp.,1941, § 53-371;
R.S.1943, § 53-1,105;
Laws 1991, LB 344, § 72.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,106 - Charge of violation; sufficiency of allegations; second offense; proof; former conviction.

53-1,106.
Charge of violation; sufficiency of allegations; second offense; proof; former conviction.
In any indictment, information, complaint, or affidavit charging the violation of any of the provisions of the Nebraska Liquor Control Act, it shall not be necessary to allege the quantity or kind of such alcoholic liquor further than to allege that it was alcoholic liquor. In case of sale, keeping for sale, or delivering, it shall not be necessary to set out the name of the person to whom sale or delivery has been made. In any prosecution for a second offense, it shall not be necessary to state in the indictment, complaint, or affidavit the record of the former conviction, but it shall be sufficient briefly to allege such conviction. In any prosecution for an offense, no indictment, information, complaint, or affidavit shall state or allege and no consideration shall be given to the record of a former filing of an indictment, information, complaint, or affidavit, or the record of a former conviction, which is four years old or older. Proof of sale, delivery, or unlawful disposition of alcoholic liquor to any person not authorized by the act to purchase or receive the same shall be sufficient to sustain the allegation of unlawful sale, delivery, or disposition.
Source
Laws 1935, c. 116, § 72, p. 411;
C.S.Supp.,1941, § 53-372;
R.S.1943, § 53-1,106;
Laws 1978, LB 386, § 12;
Laws 1991, LB 344, § 73.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,107 - Complaint, indictment, or information; contents; sufficiency.

53-1,107.
Complaint, indictment, or information; contents; sufficiency.
In any indictment, information, complaint, or affidavit against any one or more individuals charging the violation of the Nebraska Liquor Control Act, separate offenses under the act may be joined in the same indictment, information, complaint, or affidavit and the accused may be prosecuted and convicted upon all or any of such counts so joined the same as upon separate indictments, information, complaint, or affidavits and judgment may be rendered on each count upon which there is a conviction. In any indictment, information, complaint, or affidavit for any violation of the act, it shall not be necessary to describe the place where the offense was committed except to allege that it was committed in the county wherein the prosecution was had unless the particular place where the violation occurred constitutes one of specific ingredients of the offense and it shall not be necessary to negative any of the exceptions contained in the act or to state the day or the hour when the offense was committed unless the day or hour constitutes a special element or ingredient of the offense.
Source
Laws 1935, c. 116, § 73, p. 412;
C.S.Supp.,1941, § 53-373;
R.S.1943, § 53-1,107;
Laws 1994, LB 859, § 14.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,108 - Search warrants issued on complaint; form.

53-1,108.
Search warrants issued on complaint; form.
Whenever complaint is made in writing, verified by affidavit, to any judge of any court having cognizance of criminal offenses, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kept for sale, used, or transported in violation of the Nebraska Liquor Control Act, or any mash, still, or other property designed for the manufacture of alcoholic liquor is possessed in any premises which are not licensed under the act, particularly describing and designating such property in such complaint, the judge may issue a search warrant. No search warrant shall be necessary for the inspection or search of any premises licensed under the act. The property seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process. Each complaint shall be substantially in the following form:
STATE OF NEBRASKA,)
)
ss.
COUNTY OF ........)
COMPLAINT FOR SEARCH WARRANT
The complaint and affidavit of ...................... (name of complainant), of ...................... (his or her residence), made before ................ (name of officer) one of the .............. (official title of officer), in and for .................. (county, city, or village, as the case may be), on this ............ day of ................ 20...., being first duly sworn, upon oath says: That he or she has just and reasonable grounds to believe, and does believe, that alcoholic liquor is now unlawfully (manufactured, possessed, used, disposed of, or kept for sale, or any mash, still, or other property designed for the illegal manufacture of alcoholic liquor is possessed therein, as the case may be), to wit: At and within a certain ................ (here describe the house, building, premises, boat, vehicle, receptacle, or other place to be searched, with particulars as to the location sufficiently to identify it, stating the name of the person occupying the same, if known), in the ................ (county, city, or village, as the case may be, of) .............. in the county and state aforesaid; that the following are the reasons for his or her belief, to wit: ...................... (here insert the facts upon which such belief is based).
WHEREFORE he or she prays that a search warrant may issue according to law.
................................
................................
(Signature of complainant)
Subscribed and sworn to before me this ................. day of ................. 20.... .
................................
(Name of officer)
................................
(Official title of officer)
Source
Laws 1935, c. 116, § 78, p. 414;
C.S.Supp.,1941, § 53-378;
R.S.1943, § 53-1,108;
Laws 1994, LB 859, § 15;
Laws 2004, LB 813, § 24.
Cross References
Search warrants, in general, see sections 29-812 to 29-821.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,109 - Search warrants; contents; directed to peace officer.

53-1,109.
Search warrants; contents; directed to peace officer.
If the judge before whom any such complaint is made is satisfied that there is reasonable cause for such belief, he or she shall issue a warrant directed to any peace officer having jurisdiction, commanding him or her to enter the house, building, premises, boat, vehicle, receptacle, or other place described and designated with particularity and to make diligent and careful search for alcoholic liquor manufactured, possessed, or kept for sale, contrary to the Nebraska Liquor Control Act, and if any such alcoholic liquor is found, to seize the same, together with the vessels containing the same, and all property, implements, furniture, and vehicles kept or used for the purpose of violating, or with which to violate any of the provisions of the act, and to bring the same and any and all persons, if there are any, in whose possession they are found, before the judge who issued the warrant or some other judge having cognizance of the case.
Source
Laws 1935, c. 116, § 79, p. 415;
C.S.Supp.,1941, § 53-379;
R.S.1943, § 53-1,109;
Laws 1994, LB 859, § 16.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,110 - Arrest of persons found violating act.

53-1,110.
Arrest of persons found violating act.
Nothing shall be construed to prevent any officer whose duty it is to make arrests from arresting with or without a warrant any person or persons found violating the Nebraska Liquor Control Act.
Source
Laws 1935, c. 116, § 80, p. 416;
C.S.Supp.,1941, § 53-380;
R.S.1943, § 53-1,110;
Laws 1994, LB 859, § 17.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,111 - Search warrants; search and seizure of property; sale; disposition of proceeds; arrests.

53-1,111.
Search warrants; search and seizure of property; sale; disposition of proceeds; arrests.
Upon the issuance of any search warrant pursuant to section 53-1,108, it shall be the duty of the officers executing the same to enter the house, building, premises, boat, vehicle, receptacle, or other place described, either in the daytime or nighttime, by force if necessary and to remove and confiscate any alcoholic liquor manufactured, possessed, or kept for sale contrary to the terms of the Nebraska Liquor Control Act and any machinery, equipment, or material used in connection therewith and to hold such property until all prosecution arising out of such search and seizure shall have ended and determined. It shall be the duty of the officers executing such search warrant to arrest any person or persons found using or in possession or control of such alcoholic liquor, articles, or things. All alcoholic liquor unlawfully manufactured, stored, kept, sold, or otherwise disposed of, and the containers thereof, and all equipment used or fit for use in the manufacture or production of the same which are found at or about any still or outfit for the unlawful manufacture of alcoholic liquor on unlicensed premises are hereby declared contraband, and no right of property shall be or exist in any person owning, furnishing, or possessing any such property, liquor, material, or equipment, but all such property, articles, and things, including alcoholic liquor, shall be sold upon an order of the court as provided in section 53-1,113, and the proceeds thereof shall be disposed of in the manner provided for the disposition of license money under the Constitution of Nebraska.
Source
Laws 1935, c. 116, § 80, p. 416;
C.S.Supp.,1941, § 53-380;
R.S.1943, § 53-1,111;
Laws 1994, LB 859, § 18;
Laws 2015, LB330, § 26.
Annotations
When an officer seizes alcoholic liquors under a search warrant, it is his duty to retain possession, where injunction to abate nuisance is pending, even though criminal complaint has been dismissed. Picard v. Steinacher, 135 Neb. 723, 283 N.W. 849 (1939).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,112 - Search warrant; return; form and contents.

53-1,112.
Search warrant; return; form and contents.
Any officer executing a search warrant shall forthwith make his return thereon to the court or officer issuing such search warrant of the manner and date of his execution thereof, showing what, if anything, was seized and held by such search, together with the name of the owner or owners, if known, and shall attach to such return an accurate list or inventory of the articles and things so seized.
Source
Laws 1935, c. 116, § 80, p. 416;
C.S.Supp.,1941, § 53-380;
R.S.1943, § 53-1,112.