reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,113 - Search warrant; sale of property seized; procedure; destruction, when required.

53-1,113.
Search warrant; sale of property seized; procedure; destruction, when required.
(1) It shall be the duty of the officer who has seized and is holding any of the property mentioned in section 53-1,111 to make application to the court on final determination of any prosecution arising under such search and seizure, and in which such prosecution has been commenced or prosecuted, for an order to sell such property. The court, if satisfied that the property so seized and held was at the time of its seizure being kept or used, or was fit for use in the unlawful manufacture or production of alcoholic liquor, shall make an order that (a) the commission dispose of any alcoholic liquor in accordance with the Nebraska Liquor Control Act and (b) any other property and effects be sold by such officer subject to the time, place, manner, and notice of such sale set by the order.
(2) Nothing contained in the Nebraska Liquor Control Act shall be considered to authorize the sale of any alcoholic liquor unlawfully manufactured fit for human consumption which comes into the possession of any officer or the commission by seizure, confiscation, or forfeiture under the provisions of the act without the payment of all taxes and inspection fees required by the laws of this state and of the United States, and all such unlawfully manufactured alcoholic liquor which is unfit for human consumption shall be destroyed.
(3) The commission shall destroy alcoholic liquor which is unfit for human consumption and may sell alcoholic liquor, when directed by order of the court, at the time, place, and manner the commission determines to be in the public interest and subject to the taxes and inspection fees required by the laws of this state and of the United States.
Source
Laws 1935, c. 116, § 80, p. 416;
C.S.Supp.,1941, § 53-380;
R.S.1943, § 53-1,113;
Laws 1994, LB 859, § 19;
Laws 2015, LB330, § 27.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,119 - Local law, ordinance, resolution, or rule; penalty for drinking or intoxication; prohibited.

53-1,119.
Local law, ordinance, resolution, or rule; penalty for drinking or intoxication; prohibited.
(1) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(2) No county, municipality, or other political subdivision may interpret or apply any law of general application to circumvent subsection (1) of this section.
Source
Laws 1978, LB 593, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,120 - Alcohol-related offenses; law, ordinance, resolution, or rule; effect.

53-1,120.
Alcohol-related offenses; law, ordinance, resolution, or rule; effect.
(1) Nothing in sections 53-1,119, 53-1,120, and 60-679 shall affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons.
(2) The fact that a person is intoxicated or incapacitated by alcohol shall not prevent such person from being arrested or prosecuted for the commission of any criminal act or conduct not enumerated in subsection (1) of this section.
(3) No provision of such sections shall prevent such person from being taken into custody under the provisions of the Nebraska Mental Health Commitment Act as an alcoholic person who presents the risks enumerated in section 71-908.
(4) Nothing in sections 53-1,119, 53-1,120, and 60-679 shall be construed as a limitation upon the right of a police officer to make an otherwise legal arrest, even though the arrested person may be intoxicated or incapacitated by alcohol.
Source
Laws 1978, LB 593, § 3;
Laws 1993, LB 370, § 45;
Laws 2004, LB 1083, § 99.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,120.01 - County resolution or city ordinance prohibiting smoking; not applicable to cigar shops.

53-1,120.01.
County resolution or city ordinance prohibiting smoking; not applicable to cigar shops.
No county resolution or city ordinance that prohibits smoking in indoor areas shall apply to cigar shops.
Source
Laws 2009, LB355, § 5;
Laws 2015, LB118, § 7.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-1,122 - Compliance checks; participation by minors; when.

53-1,122.
Compliance checks; participation by minors; when.
In order to further the public policy of deterring minors from illegally obtaining or consuming alcoholic liquor, persons under twenty-one years of age may be authorized to assist duly authorized law enforcement officers to determine compliance with sections 53-180 and 53-180.02. Such compliance checks shall be conducted pursuant to guidelines adopted and promulgated by the Nebraska State Patrol with input from the commission. Unless a person is an emancipated minor at least eighteen years of age, no person under twenty-one years of age shall be authorized to participate or assist law enforcement officers in such compliance checks without the written consent of his or her parents or legal guardian.
Source
Laws 2001, LB 114, § 7.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-201 - Purpose of sections.

53-201.
Purpose of sections.
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 which each beer wholesaler will devote reasonable efforts and resources to sales, distribution, and quality control of the beer it sells, (3) promoting the continued availability of good quality beer for the consumers of Nebraska through orderly marketing and vigorous interbrand competition, (4) preventing a beer supplier from unfairly depriving a beer wholesaler of the value of the investment the wholesaler made in its business in terms of money, time, effort, and skill, and (5) controlling the sale of malt beverages in this state and facilitating the lawful and orderly marketing of malt beverages pursuant to the police powers of this state.
Source
Laws 1989, LB 371, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-203 - Advertising, defined.

53-203.
Advertising, defined.
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, billboards, and point-of-sale signs produced by the supplier for use by the wholesaler. The terms promote, promotional, promotion, market, and marketing shall be considered separate and distinct from advertising in meaning and application.
Source
Laws 1989, LB 371, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-205 - Ancillary business, defined.

53-205.
Ancillary business, defined.
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, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement, or 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 which recycles empty beverage containers.
Source
Laws 1989, LB 371, § 5;
Laws 1993, LB 121, § 322.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-206 - Control of a wholesaler's business, defined.

53-206.
Control of a wholesaler's business, defined.
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 ownership of twenty-five percent or more interest in the wholesaler's business or any change in the form of business entity being utilized by the wholesaler, including, but not limited to, a change from a sole proprietorship to a corporation.
Source
Laws 1989, LB 371, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-207 - Designated member, defined.

53-207.
Designated member, defined.
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 succeeded the deceased individual in the wholesaler's business, or who inherits such ownership interest under the laws of intestate succession of this state. With respect to an incapacitated individual having an ownership interest in a wholesaler, the term shall mean the person appointed by the court as the conservator of such individual's property. The term shall also include the appointed and qualified personal representative and the testamentary trustee of a deceased individual having an ownership interest in a wholesaler.
Source
Laws 1989, LB 371, § 7.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-209 - Reasonable qualifications, defined.

53-209.
Reasonable qualifications, defined.
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 prior to the proposed transfer of the wholesaler's business or for similarly situated Nebraska wholesalers who have changed managers or designated managers during a period of twenty-four months prior to the proposed change in the manager or successor manager of the wholesaler's business.
Source
Laws 1989, LB 371, § 9.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-210 - Retaliatory action, defined.

53-210.
Retaliatory action, defined.
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.
Source
Laws 1989, LB 371, § 10.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-212 - Substantial stockholder, substantial partner, and substantial member, defined.

53-212.
Substantial stockholder, substantial partner, and substantial member, defined.
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.
Source
Laws 1989, LB 371, § 12;
Laws 1993, LB 121, § 323.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-214 - Transfer of the wholesaler's business, defined.

53-214.
Transfer of the wholesaler's business, defined.
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, including the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler.
Source
Laws 1989, LB 371, § 14.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-217 - Wholesaler; prohibited acts.

53-217.
Wholesaler; prohibited acts.
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 been granted the right to sell or distribute;
(2) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer, except that during a period of temporary service interruption impacting a particular sales territory, a wholesaler who normally services the impacted sales territory shall file with the Nebraska Liquor Control Commission and give to the affected supplier written notice designating the specific wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time of the service interruption. Each wholesaler designated to temporarily service a sales territory shall be a wholesaler who has a current agreement with a supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify the commission, the supplier, and the wholesaler or wholesalers servicing the sales territory on a temporary basis of this fact in writing, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of the notice. A wholesaler who is designated to service a sales territory during a period of temporary service shall not be in violation of sections 53-201 to 53-223 and, with respect to the sales territory, shall not have any of the rights provided under sections 53-218 and 53-220; or
(3) Transfer his or her business without giving the supplier written notice of intent to transfer the business and, when required by sections 53-201 to 53-223, receiving the supplier's approval for the proposed transfer. Consent or approval from the supplier shall not be required for any transfer of the wholesaler's business to a designated member or any transfer of less than control of the wholesaler's business. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Source
Laws 1989, LB 371, § 17.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-219 - Wholesaler's business; transfer; restrictions.

53-219.
Wholesaler's business; transfer; restrictions.
(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 who meets the reasonable qualifications required by the supplier for Nebraska wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of wholesaler's rights under the agreement, to a designated member except as provided in this subsection and shall not be withheld or unreasonably delayed to a proposed transferee other than a designated member who meets such reasonable qualifications. The supplier shall have the burden of proving that the proposed transferee fails to meet such reasonable qualifications and that the qualifications are consistently applied to Nebraska wholesalers by the supplier. A designated member or transferee shall not be qualified as a transferee without the written approval or consent of the supplier if such proposed transferee:
(a) Has been insolvent, has filed a voluntary or involuntary petition under any bankruptcy or receivership law, or has executed an assignment for the benefit of creditors;
(b) Has had a license issued under the Nebraska Liquor Control Act revoked or suspended for a period of sixty-one days or more;
(c) Has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the goodwill or interest of the wholesaler or supplier; or
(d) Has had an agreement involuntarily canceled, terminated, not renewed, or discontinued by a supplier for good cause.
(2) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member or if the transferee other than a designated member meets the reasonable qualifications required by the supplier for Nebraska wholesalers. When the transferee is other than a designated member, the supplier may, in good faith and for good cause related to the reasonable qualifications, refuse to accept the transfer of the wholesaler's business or the assignment of wholesaler's rights under the agreement. The supplier shall have the burden of proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler's business or the assignment of wholesaler's rights under the agreement.
Source
Laws 1989, LB 371, § 19.
Cross References
Nebraska Liquor Control Act, see section 53-101.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-220 - Supplier; violations; compensation to wholesaler.

53-220.
Supplier; violations; compensation to wholesaler.
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 by sections 53-201 to 53-223, has unreasonably withheld or unreasonably delayed consent to or approval of any assignment or transfer of a wholesaler's business shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's business, including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler's business or ancillary business shall include, but not be limited to, any goodwill. Nothing in such sections shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of the wholesaler's business.
Source
Laws 1989, LB 371, § 20.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-221 - Wholesaler; waiver of rights prohibited; dispute settlements.

53-221.
Wholesaler; waiver of rights prohibited; dispute settlements.
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 voluntarily entered into by the parties.
Source
Laws 1989, LB 371, § 21.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-222 - Applicability of sections; transfer of business; effect on agreements.

53-222.
Applicability of sections; transfer of business; effect on agreements.
(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 conditions of the agreement with the supplier in effect on the date of the transfer. A transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void.
(3) A successor to a supplier that continues in business as a supplier shall be bound by all terms and conditions of each distribution agreement that the predecessor was a party to at the time of transfer with respect to each brand the successor continues to make available for sale in this state.
Source
Laws 1989, LB 371, § 22.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-223 - Civil actions authorized; damages; jurisdiction.

53-223.
Civil actions authorized; damages; jurisdiction.
(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 wholesaler engages in conduct prohibited under such sections, a supplier with whom the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct.
(2) A supplier who violates any provision of such sections shall be liable for all actual damages, all court costs, and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of the violation. A wholesaler who violates any provision of such sections shall be liable for all actual damages, all court costs, and, in the court's discretion, reasonable attorney's fees incurred by the supplier as a result of the violation.
(3) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to such sections.
(4) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of such sections. If the court grants injunctive relief or issues a temporary restraining order, bond shall be posted.
(5) The remedies provided by such sections are not exclusive, and nothing contained in such sections shall abolish any cause of action or remedy available to the supplier or the wholesaler existing on April 18, 1989.
(6) Any legal action taken under such sections or relating to a dispute arising out of an agreement or breach thereof or over the provisions of an agreement shall be filed in a state or federal court located in Nebraska, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
Source
Laws 1989, LB 371, § 23.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-301 - Nebraska Grape and Winery Board; created.

53-301.
Nebraska Grape and Winery Board; created.
(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 engaged in wine or grape production or research in this state. At least two board members shall be members of the Nebraska Winery and Grape Growers Association. In addition, the Director of Agriculture and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources or their designees shall be ex officio members of the board but shall have no vote in board matters.
(2) Whenever a vacancy occurs on the board for any reason, the Governor shall appoint an individual to fill such vacancy pursuant to the qualifications set forth in subsection (1) of this section.
Source
Laws 2000, LB 477, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-302 - Board; officers; terms; expenses.

53-302.
Board; officers; terms; expenses.
(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-chairperson, secretary, and treasurer, all to serve for terms of one year from the date of election. Subsequent board meetings shall take place at least once every six months and at such times as called by the chairperson or by any three board members.
(2) Each board member shall serve for a term of three years, except that at the expiration of the terms of the members in 2021, the Governor shall appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years, and their successors shall be appointed for a term of three years. Upon completion of a term, a member may, at the Governor's discretion, be reappointed.
(3) All voting board members shall be reimbursed for expenses as provided for in sections 81-1174 to 81-1177 while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board.
(4) A board member shall be removable by the Governor for cause. The board member shall first be given a written copy of the charges against him or her and also an opportunity to be heard publicly. In addition to all other causes, the failure of a board member to continue to meet any of the requirements for eligibility set out in section 53-301 shall be deemed sufficient cause for removal from office.
Source
Laws 2000, LB 477, § 2;
Laws 2019, LB75, § 1;
Laws 2020, LB381, § 46.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-303 - Board; powers and duties.

53-303.
Board; powers and duties.
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, to discuss with the board its policy and procedures;
(2) To keep minutes of its meetings and other books and records which will clearly reflect all of the acts and transactions of the board and to make these records available for examination upon request by members of the public;
(3) To authorize and approve the Department of Agriculture's expenditure of funds collected pursuant to section 53-304;
(4) To serve as an advisory panel to the Nebraska Liquor Control Commission in all matters pertaining to the wine industry; and
(5) To adopt and promulgate rules and regulations to carry out sections 53-301 to 53-305.
Source
Laws 2000, LB 477, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-304 - Winery; payments required; Winery and Grape Producers Promotional Fund; created; use; investment.

53-304.
Winery; payments required; Winery and Grape Producers Promotional Fund; created; use; investment.
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 pursuant to the charge imposed by this section and funds received pursuant to subsection (4) or (5) of section 53-123.15 and from gifts, grants, or bequests shall be remitted to the State Treasurer for credit to the Winery and Grape Producers Promotional Fund which is hereby created. For administrative purposes, the fund shall be located in the Department of Agriculture. All revenue credited to the fund pursuant to the charge imposed by this section and excise taxes collected pursuant to section 2-5603 and any funds received as gifts, grants, or bequests and credited to the fund shall be used by the department, at the direction of and in cooperation with the board, to develop and maintain programs for the research and advancement of the growing, selling, marketing, and promotion of grapes, fruits, berries, honey, and other agricultural products and their byproducts grown and produced in Nebraska for use in the wine industry. Such expenditures may include, but are not limited to, all necessary funding for the employment of experts in the fields of viticulture and enology, as deemed necessary by the board, and programs aimed at improving the promotion of all varieties of wines, grapes, fruits, berries, honey, and other agricultural products and their byproducts grown and produced in Nebraska for use in the wine industry.
Funds credited to the fund shall be used for no other purposes than those stated in this section and any transfers authorized pursuant to section 2-5604. Any funds not expended during a fiscal year may be maintained in the fund for distribution or expenditure during subsequent fiscal years. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2000, LB 477, § 4;
Laws 2003, LB 536, § 4;
Laws 2007, LB441, § 7;
Laws 2013, LB230, § 5.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-305 - Board; annual report.

53-305.
Board; annual report.
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 the board; and
(2) A detailed explanation of all programs for which the board approved funding that fiscal year, pursuant to section 53-304, for the research, discovery, promotion, and development of programs for the growing, production, and marketing of Nebraska wines, grapes, fruits, berries, honey, and other agricultural products and their byproducts grown and produced in Nebraska for use in the wine industry.
Each annual report shall be presented to the Nebraska Liquor Control Commission within thirty days after its publication and made available also to any person who requests a copy. Except for the annual copy required by this section to be provided to the commission, the board may charge a nominal fee to cover the costs of printing and postage for making available copies of its annual reports.
Source
Laws 2000, LB 477, § 5.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-402 - Purposes of act.

53-402.
Purposes of act.
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 liquor to minors under circumstances described in the act.
Source
Laws 2007, LB573, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-403 - Terms, defined.

53-403.
Terms, defined.
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 person's ability to think and act in the manner of a reasonably prudent person in full possession of his or her faculties using reasonable care under the same or similar circumstances;
(3) Licensee means a person holding a license issued under the Nebraska Liquor Control Act to sell alcoholic liquor at retail;
(4) Minor has the definition found in section 53-103.23;
(5) Retailer means a licensee, any agent or employee of the licensee acting within the scope and course of his or her employment, or any person who at the time of the events leading to an action under the Minor Alcoholic Liquor Liability Act was required to have a license issued under the Nebraska Liquor Control Act in order to sell alcoholic liquor at retail;
(6) Service of alcoholic liquor means any sale, gift, or other manner of conveying possession of alcoholic liquor; and
(7) Social host means a person who knowingly allows consumption of alcoholic liquor in his or her home or on property under his or her control by one or more minors. Social host does not include (a) a parent providing alcoholic liquor to only his or her minor child and to no other minors or (b) a religious corporation, organization, association, or society, and any authorized representative of such religious corporation, organization, association, or society, dispensing alcoholic liquor as part of any bona fide religious rite, ritual, or ceremony.
Source
Laws 2007, LB573, § 3;
Laws 2010, LB861, § 79.
Cross References
Nebraska Liquor Control Act, see section 53-101.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-404 - Cause of action authorized.

53-404.
Cause of action authorized.
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 the minor to consume alcoholic liquor in the social host's home or on property under his or her control;
(2) Any person who procured alcoholic liquor for the minor, other than with the permission and in the company of the minor's parent or guardian, when such person knew or should have known that the minor was a minor; or
(3) Any retailer who sold alcoholic liquor to the minor. The absolute defenses found in section 53-180.07 shall be available to a retailer in any cause of action brought under this section.
Source
Laws 2007, LB573, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-406 - Limitation on cause of action.

53-406.
Limitation on cause of action.
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.
Source
Laws 2007, LB573, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-408 - Statute of limitation.

53-408.
Statute of limitation.
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.
Source
Laws 2007, LB573, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-409 - Effect of settlement and release; offset; joint and several liability; right of contribution.

53-409.
Effect of settlement and release; offset; joint and several liability; right of contribution.
(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 under the act shall be offset against all other subsequent judgments awarded to the plaintiff.
(3) The retailer, licensee, social host, person procuring alcoholic liquor for a minor, and minor who are defendants in an action brought under the act are jointly and severally liable in such action as provided in section 25-21,185.10 for those who act in concert to cause harm.
(4) In an action based on the act, the retailer, licensee, social host, person procuring alcoholic liquor for a minor, and minor shall have a right of contribution and not a right of subrogation from one another.
Source
Laws 2007, LB573, § 9.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-501 - Nebraska Craft Brewery Board; created; members; qualifications; vacancy.

53-501.
Nebraska Craft Brewery Board; created; members; qualifications; vacancy.
(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 previously engaged in the production in this state of agricultural products that are utilized in the brewing process. The board shall consist of seven members to be appointed by the Governor on a nonpartisan basis. At least two board members shall be selected by the Governor from a list of no fewer than ten candidates submitted by the Nebraska Craft Brewers Guild or its successor organization. In addition, at least two board members shall be selected by the Governor from a list of no fewer than ten candidates submitted by the Associated Beverage Distributors of Nebraska or its successor organization. The Director of Agriculture or his or her designee and the executive director of the Nebraska Tourism Commission or his or her designee shall be nonvoting, ex officio members of the board.
(2) Whenever a vacancy occurs on the board for any reason, the Governor shall appoint an individual to fill such vacancy pursuant to the qualifications set forth in subsection (1) of this section.
Source
Laws 2016, LB1105, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-502 - Nebraska Craft Brewery Board; meetings; members; terms; expenses; removal; procedure.

53-502.
Nebraska Craft Brewery Board; meetings; members; terms; expenses; removal; procedure.
(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, secretary, and treasurer, all to serve for terms of one year from the date of election. Subsequent board meetings shall take place at least once every six months and at such times as called by the chairperson or by any three board members.
(2) Each member shall serve for a term of three years, except that at the expiration of the terms of the members in 2022, the Governor shall appoint two members for a term of one year, two members for a term of two years, and three members for a term of three years, and their successors shall be appointed for a term of three years. Upon completion of a term, a member may, at the Governor's discretion, be reappointed.
(3) All voting members of the board shall be reimbursed for expenses incurred while engaged in the performance of official responsibilities as members of such board pursuant to sections 81-1174 to 81-1177.
(4) A member may be removed by the Governor for cause. The member shall first be given a written copy of the charges against him or her and also an opportunity to be heard publicly. If a member moves out of Nebraska, that shall be deemed sufficient cause for removal from office.
Source
Laws 2016, LB1105, § 2;
Laws 2019, LB624, § 1;
Laws 2020, LB381, § 47.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-503 - Nebraska Craft Brewery Board; powers and duties.

53-503.
Nebraska Craft Brewery Board; powers and duties.
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 and procedures;
(2) Keep minutes of its meetings and other books and records which will clearly reflect all of the acts and transactions of the board and to make these records available for examination upon request by members of the public;
(3) Authorize and approve the expenditure of funds collected pursuant to section 53-504;
(4) Serve as an advisory panel to the Nebraska Liquor Control Commission in all matters pertaining to the beer industry; and
(5) Adopt and promulgate rules and regulations to carry out sections 53-501 to 53-505.
Source
Laws 2016, LB1105, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-504 - Nebraska Beer Industry Promotional Fund; created; use; investment; holder of craft brewery license; annual fee; use.

53-504.
Nebraska Beer Industry Promotional Fund; created; use; investment; holder of craft brewery license; annual fee; use.
(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 appropriated by the Legislature. For administrative purposes, the fund shall be located in the Department of Agriculture.
(2) Beginning July 1, 2016, in addition to the annual license fee imposed by section 53-124.01, each holder of a craft brewery license shall pay an annual fee in the amount of two hundred fifty dollars to the Nebraska Liquor Control Commission or shall opt out of paying the additional fee on forms provided by the commission. Fees collected pursuant to this subsection shall be remitted to the State Treasurer for credit to the Nebraska Beer Industry Promotional Fund.
(3) The Department of Agriculture, at the direction of and in cooperation with the Nebraska Craft Brewery Board, shall use the Nebraska Beer Industry Promotional Fund to develop and maintain programs for the research and advancement of the beer brewing process, the marketing and promotion of the beer industry in Nebraska, and the marketing and promotion of agricultural products and their byproducts grown and produced in Nebraska for use in the beer industry. Such expenditures may include, but are not limited to, all necessary funding for the employment of experts in the field of beer brewing and business development, as deemed necessary by the board, and programs to carry out the purposes of this subsection. None of the money credited to the Nebraska Beer Industry Promotional Fund may be used for lobbying purposes.
(4) Money in the Nebraska Beer Industry Promotional Fund not expended during any fiscal year may be reappropriated for the ensuing biennium. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2016, LB1105, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-505 - Nebraska Craft Brewery Board; annual report; contents; fee.

53-505.
Nebraska Craft Brewery Board; annual report; contents; fee.
(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
(b) A detailed explanation of all programs for which the board approved funding during the most recently completed fiscal year pursuant to section 53-504.
(2) Each annual report shall be presented electronically to the Nebraska Liquor Control Commission within thirty days after its publication and made available also to any person who requests a copy. Except for the annual copy required by this section to be provided to the commission, the board may charge a nominal fee to cover the costs of printing and postage for making available copies of its annual reports.
Source
Laws 2016, LB1105, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-170 - Act, how cited.

54-170.
Act, how cited.
Sections 54-170 to 54-1,131 shall be known and may be cited as the Livestock Brand Act.
Source
Laws 1999, LB 778, § 1;
Laws 2000, LB 213, § 3;
Laws 2013, LB435, § 1;
Laws 2014, LB768, § 1;
Laws 2014, LB884, § 1;
Laws 2021, LB572, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-171 - Definitions; where found.

54-171.
Definitions; where found.
For purposes of the Livestock Brand Act, the definitions found in sections 54-171.01 to 54-190 shall be used.
Source
Laws 1999, LB 778, § 2;
Laws 2013, LB435, § 2;
Laws 2014, LB768, § 2;
Laws 2021, LB572, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-171.01 - Approved nonvisual identifier, defined.

54-171.01.
Approved nonvisual identifier, defined.
Approved nonvisual identifier means a nonvisual method of livestock identification approved by the Nebraska Brand Committee such as an electronic device, a nose print, a retinal scan, a DNA match, or any other such nonvisual method of livestock identification.
Source
Laws 2021, LB572, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-172 - Bill of sale, defined.

54-172.
Bill of sale, defined.
Bill of sale means a formal instrument for the conveyance or transfer of title to livestock or other goods and chattels. The bill of sale shall state the purchaser's name and address, the date of transfer, the guarantee of title, the number of livestock transferred, the sex of such livestock, the brand or brands, the location of the brand or brands or a statement to the effect that the animal is unbranded, any approved nonvisual identifiers, and the name and address of the seller. The signature of the seller shall be attested by at least one witness or acknowledged by a notary public or by some other officer authorized by state law to take acknowledgments. For any conveyance or transfer of title to cattle subject to assessment imposed pursuant to the federal Beef Promotion and Research Order, 7 C.F.R. part 1260, for which the purchaser is the collecting person pursuant to 7 C.F.R. 1260.311 for purposes of collecting and remitting such assessment, the bill of sale shall include a notation of the amount the purchaser collected from the seller or deducted from the sale proceeds for the assessment. A properly executed bill of sale means a bill of sale that is provided by the seller and received by the purchaser.
Source
Laws 1999, LB 778, § 3;
Laws 2014, LB768, § 3;
Laws 2021, LB572, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-173 - Brand clearance, defined.

54-173.
Brand clearance, defined.
Brand clearance means the documentary evidence of ownership that is issued and signed by a brand inspector and given to persons who have legally purchased cattle at a livestock auction or sale where a brand inspection service is provided. The brand clearance shall give the name and address of sale or auction where issued, the name of purchaser, the number and sex of cattle, any brands, the location of any brands on the cattle, and any approved nonvisual identifiers.
Source
Laws 1999, LB 778, § 4;
Laws 2021, LB572, § 11.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-174 - Brand inspection agency, defined.

54-174.
Brand inspection agency, defined.
Brand inspection agency means an agency of a state, or a duly organized livestock association of a state, authorized by state law and registered with the Packers and Stockyards Division of the United States Department of Agriculture to charge and collect, at designated stockyards, packing plants, sales barns, or farm and ranch loading points, a reasonable and nondiscriminatory fee for the inspection of brands, marks, and other identifying characteristics of livestock originating in or shipped from such state for the purpose of determining the ownership of such livestock.
Source
Laws 1999, LB 778, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-176 - Brand inspector, defined.

54-176.
Brand inspector, defined.
Brand inspector means a person employed by the Nebraska Brand Committee, or some other brand inspection agency, inside or outside of the State of Nebraska, for the purpose of identifying brands, marks, or other identifying characteristics of livestock or approved nonvisual identifiers to determine the existence of such brands, marks, or identifying characteristics or identifiers and from such determinations attempt to establish correct and true ownership of such livestock, and generally carry out the provisions and enforcement of all laws pertaining to brands, brand inspection, physical inspection, electronic inspection, and associated livestock laws.
Source
Laws 1999, LB 778, § 7;
Laws 2021, LB572, § 12.