reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-122 - Sale of liquor by drink; license issuance authorized; exception.

53-122.
Sale of liquor by drink; license issuance authorized; exception.
The commission may issue licenses for the sale of alcoholic liquor, except beer, by the drink subject to all the terms and conditions of the Nebraska Liquor Control Act in all cities and villages in this state, except in those cases when it affirmatively appears that the issuance will render null and void prior conveyances of land to such city or village for public uses and purposes by purchase, gift, or devise, under the conditions and in the manner provided in this section.
Source
Laws 1935, c. 116, § 48, p. 403;
C.S.Supp.,1941, § 53-348;
R.S.1943, § 53-122;
Laws 1963, c. 309, § 1, p. 911;
Laws 1963, c. 310, § 2, p. 923;
Laws 1969, c. 439, § 1, p. 1469;
Laws 1973, LB 556, § 1;
Laws 1977, LB 40, § 311;
Laws 1984, LB 920, § 43;
Laws 1988, LB 1089, § 7;
Laws 1989, LB 781, § 5;
Laws 1991, LB 344, § 15;
Laws 1993, LB 183, § 8;
Laws 1994, LB 76, § 570;
Laws 1999, LB 267, § 6;
Laws 2001, LB 278, § 2;
Laws 2004, LB 485, § 8;
Laws 2005, LB 98, § 34;
Laws 2010, LB861, § 51;
Laws 2014, LB863, § 23.
Annotations
Percentage of votes required is based on last general municipal election. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).
Funds collected as state license fees are properly distributed for use of all school districts within state and should not be paid over to counties in which liquor licenses are granted. School District of Omaha v. Gass, 131 Neb. 312, 267 N.W. 528 (1936).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123 - Licenses; types.

53-123.
Licenses; types.
Licenses issued by the commission shall be of the following types: (1) Manufacturer's license; (2) alcoholic liquor wholesale license, except beer; (3) beer wholesale license; (4) retail license; (5) railroad license; (6) airline license; (7) boat license; (8) nonbeverage user's license; (9) farm winery license; (10) craft brewery license; (11) shipping license; (12) special designated license; (13) catering license; (14) microdistillery license; (15) entertainment district license; (16) pedal-pub vehicle license; (17) bottle club license; (18) special party bus license; and (19) promotional farmers market special designated license.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1, p. 616;
Laws 1947, c. 188, § 1, p. 621;
Laws 1963, c. 310, § 3, p. 926;
Laws 1967, c. 332, § 3, p. 881;
Laws 1985, LB 279, § 3;
Laws 1988, LB 1089, § 8;
Laws 1991, LB 344, § 16;
Laws 1996, LB 750, § 3;
Laws 2004, LB 485, § 9;
Laws 2007, LB549, § 5;
Laws 2012, LB1130, § 2;
Laws 2015, LB330, § 11;
Laws 2018, LB1120, § 9;
Laws 2020, LB734, § 5;
Laws 2021, LB274, § 8.
Annotations
A nonprofit corporation license is a retail license for the sale of alcoholic liquors including beer. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).
Where statute authorizes granting licensees right to sell all forms of alcoholic liquors including beer, licensees are entitled to sell beer and other liquor in same room, notwithstanding another section declaring public policy in favor of separate sale. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.01 - Manufacturer's license; rights of licensee; craft brewery license holder; when required to obtain manufacturer’s license; rights of holder.

53-123.01.
Manufacturer's license; rights of licensee; craft brewery license holder; when required to obtain manufacturer’s license; rights of holder.
(1) A manufacturer's license shall allow the manufacture, storage, and sale of alcoholic liquor to wholesale licensees in this state and to such persons outside the state as may be permitted by law, except that nothing in the Nebraska Liquor Control Act shall prohibit a manufacturer of beer from distributing tax-paid samples of beer at the premises of a licensed manufacturer for consumption on the premises. A manufacturer's license issued pursuant to this section shall be the only license required by the Nebraska Liquor Control Act for the manufacture and retail sale of beer manufactured on the licensed premises for consumption on the licensed premises.
(2)(a) A licensee who or which first obtains a craft brewery license pursuant to section 53-123.14, holds such license for not less than three years, and operates a brewpub or microbrewery on the licensed premises of such craft brewery license shall obtain a manufacturer’s license when the manufacture of beer on the licensed premises exceeds twenty thousand barrels per year. The manufacturer’s license shall authorize the continued retail sale of beer for consumption on or off the premises but only to the extent the premises were previously licensed as a craft brewery. The sale of any beer other than beer manufactured by the licensee, wine, or alcoholic liquor for consumption on the licensed premises shall require the appropriate retail license. The holder of such manufacturer's license may continue to operate up to five retail locations which are in operation at the time such manufacturer's license is issued and shall divest itself from retail locations in excess of five locations. The licensee shall not begin operation at any new retail location even if the licensee's production is reduced below twenty thousand barrels per year.
(b) The holder of such manufacturer’s license may obtain an annual catering license pursuant to section 53-124.12, a special designated license pursuant to section 53-124.11, or an entertainment district license pursuant to section 53-123.17.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(1), p. 617;
Laws 1947, c. 188, § 1(1), p. 621;
Laws 1982, LB 431, § 1;
Laws 1991, LB 344, § 17;
Laws 1996, LB 750, § 4;
Laws 2016, LB1105, § 11.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.02 - Alcoholic liquor wholesale license, except beer; rights of licensee; sampling.

53-123.02.
Alcoholic liquor wholesale license, except beer; rights of licensee; sampling.
An alcoholic liquor wholesale license, except beer, shall (1) allow the wholesale purchase, importation, and storage of alcoholic liquor and sale of alcoholic liquor, except beer, to licensees in this state and to persons outside the state as may be permitted by law and (2) allow the sampling of tax-paid alcoholic liquor, except beer, upon the premises of the licensed wholesaler by a licensed retailer or allow sampling on the premises of any licensed retailer, whether the license permits consumption on or off the licensed premises, or both, in the manner prescribed by the commission. The sampling authorized under this section shall be limited to persons licensed as wholesalers or retailers and their employees.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(2), p. 617;
Laws 1947, c. 188, § 1(2), p. 621;
Laws 1963, c. 310, § 4, p. 926;
Laws 1980, LB 848, § 3;
Laws 1982, LB 431, § 2;
Laws 1991, LB 344, § 18;
Laws 1993, LB 53, § 1;
Laws 2003, LB 205, § 1;
Laws 2004, LB 485, § 10.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.03 - Beer wholesale license; rights of licensee; designated territory.

53-123.03.
Beer wholesale license; rights of licensee; designated territory.
A beer wholesale license shall (1) allow the wholesale purchase, importation, and storage of beer and sale, including delivery, of the brand or brands described in such license to licensees in this state in the sales territory prescribed in the license for each brand and to such persons outside the state as may be permitted by law, (2) allow the licensed wholesaler to do all things incident to the carrying on of the wholesale beer business, including the sampling of tax-paid beer upon the premises of the licensed wholesaler by a licensed retailer in the manner prescribed by the commission, and (3) allow the sampling of tax-paid beer upon the premises of any retailer, whether the license permits consumption on or off the licensed premises, or both, in a manner prescribed by the commission.
The sampling authorized under subdivision (3) of this section shall be limited to persons licensed as wholesalers or retailers and their employees.
The license shall designate the territory within which the licensed wholesaler may sell the designated product of any brewer as agreed upon by the licensee and the brewer.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(3), p. 617;
Laws 1947, c. 188, § 1(3), p. 622;
Laws 1963, c. 310, § 5, p. 926;
Laws 1971, LB 234, § 18;
Laws 1976, LB 204, § 1;
Laws 1980, LB 848, § 4;
Laws 1983, LB 133, § 1;
Laws 1991, LB 344, § 19;
Laws 2003, LB 205, § 2;
Laws 2004, LB 485, § 11.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.05 - Railroad or airline license; rights of licensee.

53-123.05.
Railroad or airline license; rights of licensee.
(1) The commission may issue a license to any airline company, dining car company, sleeping car company, or railroad company operating in this state which authorizes the holder thereof to keep for sale and to sell or dispense alcoholic liquor for consumption in its airplanes, dining cars, sleeping cars, buffet cars, observation cars, and any other cars used for transportation or accommodation of passengers. Each such company shall keep a duplicate of such license posted in each car or airplane where such alcoholic liquor is served.
(2) Every such license shall expire on April 30 of each year. Each such license shall be good throughout this state as a state license. Only one such license shall be required for all cars or airplanes operated in this state by the same owner. No further license shall be required or tax levied by any county, city, or village for the privilege of selling or dispensing alcoholic liquor for consumption in such cars or airplanes. Nothing in the Nebraska Liquor Control Act shall apply to or affect the right of holders of such licenses to transport within this state or to import into this state alcoholic liquor to be kept for dispensing or sale or to be sold while actually en route in the cars or airplanes of such licensees.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(5), p. 618;
Laws 1947, c. 188, § 1(5), p. 622;
Laws 1957, c. 229, § 1, p. 786;
Laws 1967, c. 332, § 5, p. 882;
Laws 1989, LB 780, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.06 - Boat license; rights of licensee.

53-123.06.
Boat license; rights of licensee.
A boat license shall allow the sale of alcoholic liquor in individual drinks, on any passenger boat which maintains a public dining room or restaurant thereon.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(6), p. 618;
Laws 1947, c. 188, § 1(6), p. 623.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.07 - Nonbeverage user's license; rights of licensee; importation of alcohol; classes of license.

53-123.07.
Nonbeverage user's license; rights of licensee; importation of alcohol; classes of license.
A nonbeverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or wholesaler without the imposition of any tax upon the business of such licensed manufacturer or wholesaler as to such alcoholic liquor to be used by such licensed nonbeverage user solely for the nonbeverage purposes set forth in subsection (4) of section 53-160. If any licensed nonbeverage user is engaged in the business of manufacturing, compounding, or preparing pharmaceutical products or similar preparations or products containing alcohol to be sold in both intrastate and interstate commerce, such nonbeverage user's license shall allow the licensee to purchase at wholesale or otherwise from manufacturers or wholesalers not licensed in the state and to import alcohol either in barrels, drums, casks, or other containers. If any licensed nonbeverage user is engaged in the business of manufacturing or preparing food products containing alcoholic liquor to be sold in both intrastate and interstate commerce, such nonbeverage user's license shall allow the licensee to purchase at wholesale from alcoholic liquor wholesalers licensed within the state alcoholic liquor either in barrels, drums, casks, or other containers, and such alcoholic liquor wholesalers may cause such alcoholic liquor to be shipped or delivered directly to such nonbeverage user from the source of supply, in which event all such shipments or deliveries shall be considered as received by such alcoholic liquor wholesalers within this state and at their licensed premises and purchased by such alcoholic liquor wholesalers and for their account, and all such shipments or deliveries shall be recorded and reported by such alcoholic liquor wholesalers as required by section 53-165. All such licenses shall be divided and classified and shall permit the purchase during the term for which such licenses are issued of limited and stated quantities of alcoholic liquor as follows:
Class 1, not to exceed.....100 gallons
Class 2, not to exceed.....1,000 gallons
Class 3, not to exceed.....5,000 gallons
Class 4, not to exceed.....10,000 gallons
Class 5, in excess of.....10,000 gallons.
Source
Laws 1935, c. 116, § 25, p. 390;
C.S.Supp.,1941, § 53-325;
R.S.1943, § 53-123;
Laws 1947, c. 187, § 1(7), p. 618;
Laws 1947, c. 188, § 1(7), p. 623;
Laws 1965, c. 319, § 2, p. 908;
Laws 1971, LB 466, § 1;
Laws 1991, LB 344, § 21.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.08 - Bottle club license; rights of licensee.

53-123.08.
Bottle club license; rights of licensee.
(1) A bottle club may be operated by a club, an individual, a partnership, a limited liability company, or a corporation. An accurate and current membership list shall be maintained upon the licensed premises which contains the names and residences of the members but shall not be subject to disclosure except as required by warrant, subpoena, or court order.
(2) A bottle club shall not operate on any day between the hours of 5 a.m. and 6 a.m.
(3) The holder of a bottle club license shall not simultaneously hold another license under the Nebraska Liquor Control Act.
(4) The holder of a bottle club license shall be subject to all provisions of the Nebraska Liquor Control Act and the rules and regulations adopted and promulgated under the act that govern the operation of retail licensees except as otherwise provided in subsection (2) of this section.
Source
Laws 2018, LB1120, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.09 - Beer wholesaler; delivery outside territory; unlawful; penalty.

53-123.09.
Beer wholesaler; delivery outside territory; unlawful; penalty.
(1) It shall be unlawful for any beer wholesaler to deliver beer to any retail licensee located outside the geographic territory designated on the beer wholesaler's license.
(2) If any person violates subsection (1) of this section, such person's license shall be suspended or revoked by the commission in the manner provided by the Nebraska Liquor Control Act.
Source
Laws 1976, LB 204, § 2;
Laws 1991, LB 344, § 22.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.10 - Farm winery license; when issued.

53-123.10.
Farm winery license; when issued.
A license to operate a farm winery may be issued by the commission upon an applicant's compliance with section 53-123.12 and such other requirements as the commission adopts and promulgates by rule and regulation to administer sections 53-101.02 and 53-123.10 to 53-123.13.
Source
Laws 1985, LB 279, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.13 - Farm winery; waiver of requirement; when; conditions.

53-123.13.
Farm winery; waiver of requirement; when; conditions.
(1) If the operator of a farm winery is unable to produce or purchase sixty percent of the grapes, fruit, or other suitable agricultural products used in the farm winery from within the state due to natural disaster which causes substantial loss to the Nebraska-grown crop, such operator may petition the commission to waive the sixty-percent requirement prescribed in section 53-103.13 for one year.
(2) It shall be within the discretion of the commission to waive the sixty-percent requirement taking into consideration the availability of products used in farm wineries in this area and the ability of such operator to produce wine from products that are abundant within the state.
(3) If the operator of a farm winery is granted a waiver, any product purchased as concentrated juice from grapes or other fruits from outside of Nebraska, when reconstituted from concentrate, may not exceed in total volume along with other products purchased the total percentage allowed by the waiver.
(4) Any product purchased under the waiver or as part of the forty percent of allowable product purchased that is not Nebraska-grown for the production of wine shall not exceed the forty percent volume allowed under state law if made from concentrated grapes or other fruit, when reconstituted. The concentrate shall not be reduced to less than twenty-two degrees Brix in accordance with 27 C.F.R. 24.180.
Source
Laws 1985, LB 279, § 6;
Laws 1986, LB 871, § 2;
Laws 1989, LB 441, § 5;
Laws 1991, LB 344, § 24;
Laws 1994, LB 859, § 5;
Laws 2004, LB 485, § 13;
Laws 2008, LB1103, § 3;
Laws 2010, LB861, § 54;
Laws 2019, LB592, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-123.18 - Special party bus license.

53-123.18.
Special party bus license.
(1) The commission may issue a license to any person providing special party bus service under a certificate of public convenience and necessity granted by the Public Service Commission when the person allows the consumption of alcoholic liquor in its special party bus by an individual who is twenty-one years of age or older. Each licensee shall keep a duplicate of such license in each special party bus where such alcoholic liquor is consumed.
(2) Each license shall expire on April 30 of each year. Each license shall be good throughout this state as a state license. Only one license shall be required for all special party buses operated in this state by the same owner. No further license shall be required or tax levied by any county, city, or village for the privilege of allowing consumption of alcoholic liquor in such buses.
Source
Laws 2020, LB734, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.01 - Fees for annual licenses.

53-124.01.
Fees for annual licenses.
(1) The fees for annual licenses finally issued by the commission shall be as provided in this section and section 53-124.
(2) Airline license ... $100
(3) Boat license ... $50
(4) Bottle club license ... $300
(5) Special party bus license ... $75
(6) Manufacturer's license:
Class
Fee - In Dollars
Alcohol and spirits
1,000
Beer - tier one
100
Beer - tier two
200
Beer - tier three
350
Beer - tier four
500
Beer - tier five
650
Beer - tier six
700
Beer - tier seven
800
Wine
250
(7) Nonbeverage user's license:
Class
Fee - In Dollars
Class 1
5
Class 2
25
Class 3
50
Class 4
100
Class 5
250
(8) Operator's license:
Class
Fee - In Dollars
Craft brewery
250
Farm winery
250
Microdistillery
250
(9) Pedal-pub vehicle license ... $50
(10) Railroad license ... $100
(11) Retail license:
Class
Fee - In Dollars
Class A
100
Class B
100
Class C
300
Class D
200
Class I
250
Class J
50
(12) Shipping license:
Class
Fee - In Dollars
Manufacturer
1,000
Vintage wines
1,000
Manufacture direct sales
500
Retail direct sales
500
(13) Wholesale license:
Class
Fee - In Dollars
Alcoholic liquor
750
Beer
500
Source
Laws 2010, LB861, § 57;
Laws 2013, LB230, § 3;
Laws 2015, LB330, § 17;
Laws 2016, LB1105, § 16;
Laws 2018, LB1120, § 12;
Laws 2020, LB734, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.02 - Holder of license under prior law; how treated.

53-124.02.
Holder of license under prior law; how treated.
On May 1, 2005, the holder of a Class D-1 license, Class E license, or Class K license shall be issued a Class D license, the holder of a Class F license shall be issued a Class A license, and the holder of a Class H license, Class J license, or bottle club license shall be issued a Class I license. Any conditions placed on a Class D-1, Class E, Class F, Class H, Class J, Class K, or bottle club license by the local governing body or the commission prior to May 1, 2005, shall continue to apply to the license issued to such holder on such date.
Source
Laws 2004, LB 485, § 16.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.12 - Annual catering license; issuance; procedure; fee; occupation tax.

53-124.12.
Annual catering license; issuance; procedure; fee; occupation tax.
(1) The holder of a license to sell alcoholic liquor at retail issued under subsection (6) of section 53-124, a craft brewery license, a microdistillery license, a farm winery license, or a manufacturer's license issued under subsection (2) of section 53-123.01 may obtain an annual catering license as prescribed in this section. The catering license shall be issued for the same period and may be renewed in the same manner as the retail license, craft brewery license, microdistillery license, farm winery license, or manufacturer's license.
(2) Any person desiring to obtain a catering license shall file with the commission:
(a) An application upon such forms as the commission prescribes; and
(b) A license fee of one hundred dollars payable to the commission, which fee shall be returned to the applicant if the application is denied.
(3) When an application for a catering license is filed, the commission shall notify the clerk of the city or incorporated village in which such applicant is located or, if the applicant is not located within a city or incorporated village, the county clerk of the county in which such applicant is located, of the receipt of the application. The commission shall include with such notice one copy of the application by mail or electronic delivery. The local governing body and the commission shall process the application in the same manner as provided in section 53-132.
(4) The local governing body with respect to catering licensees within its liquor license jurisdiction as provided in subsection (5) of this section may cancel a catering license for cause for the remainder of the period for which such catering license is issued. Any person whose catering license is canceled may appeal to the district court of the county in which the local governing body is located.
(5) For purposes of this section, local governing body means (a) the governing body of the city or village in which the catering licensee is located or (b) if such licensee is not located within a city or village, the governing body of the county in which such licensee is located.
(6) The local governing body may impose an occupation tax on the business of a catering licensee doing business within the liquor license jurisdiction of the local governing body as provided in subsection (5) of this section. Such tax may not exceed double the license fee to be paid under this section.
Source
Laws 1988, LB 490, § 1;
Laws 1991, LB 344, § 28;
Laws 1994, LB 1292, § 5;
Laws 1996, LB 750, § 8;
Laws 2001, LB 278, § 5;
Laws 2004, LB 485, § 17;
Laws 2006, LB 562, § 5;
Laws 2007, LB549, § 9;
Laws 2010, LB861, § 59;
Laws 2011, LB407, § 4;
Laws 2016, LB1105, § 18;
Laws 2022, LB1204, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.13 - Catering licensee; special designated license; application; procedure; proceeds; violation; penalty.

53-124.13.
Catering licensee; special designated license; application; procedure; proceeds; violation; penalty.
(1) The holder of a catering license may deliver, sell, or dispense alcoholic liquor, including beer, for consumption at premises designated in a special designated license issued pursuant to section 53-124.11.
(2) The holder of the catering license shall file an application seeking a special designated license for the event. The application shall be filed at least twenty-one days prior to the event for which the special designated license is requested unless the local governing body has established an expedited process for such applications, in which case the application shall be filed at least twelve days prior to the event. In addition to the information required by subsection (3) of section 53-124.11, the applicant shall inform the commission of (a) the time of the event, (b) the name of the person or organization requesting the applicant's services, (c) the opening and closing dates of the event, and (d) any other information the commission or local governing body deems necessary. A holder of a catering license shall not cater an event unless such licensee receives a special designated license for the event, except that the holder of a catering license who also holds a promotional farmers market special designated license under section 53-124.16 may cater a farmers market as prescribed in section 53-124.17.
(3) If the organization for which the holder of a catering license is catering is a nonprofit organization exempted from the payment of federal income taxes, such organization may share with such licensee a part or all of the proceeds from the sale of any alcoholic liquor sold and dispensed pursuant to this section.
(4) For purposes of this section, local governing body means the governing body of the city or village in which the event will be held or, if the event will not be held within the corporate limits of a city or village, the governing body of the county in which such event will be held.
(5) Only the holder of a special designated license or employees of such licensee may dispense alcoholic liquor at the event which is being catered. Violation of any provision of this section or section 53-124.12 or any rules or regulations adopted and promulgated pursuant to such sections occurring during an event being catered by such licensee may be cause to revoke, cancel, or suspend the class of retail license issued under section 53-124 held by such licensee.
Source
Laws 1988, LB 490, § 2;
Laws 1991, LB 344, § 29;
Laws 2010, LB861, § 60;
Laws 2019, LB56, § 2;
Laws 2021, LB274, § 16.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.14 - Applicants outside cities and villages; airport authorities; Nebraska State Fair Board; issuance of licenses; when permitted.

53-124.14.
Applicants outside cities and villages; airport authorities; Nebraska State Fair Board; issuance of licenses; when permitted.
(1) The commission may license the sale of alcoholic liquor at retail in the original package to applicants who reside in any county in which there is no incorporated city or village or in which the county seat is not located in an incorporated city or village if the licensed premises are situated in an unincorporated village having a population of twenty-five inhabitants or more as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census.
(2) The commission may license the sale of beer at retail in any county outside the corporate limits of any city or village therein and license the sale of alcoholic liquor at retail for consumption on the premises and off the premises, sales in the original package only.
(3) The commission may license the sale of alcoholic liquor for consumption on the premises as provided in subdivision (6)(a)(iii) of section 53-124 on lands controlled by airport authorities when such land is located on and under county jurisdiction or by the Nebraska State Fair Board.
Source
Laws 1991, LB 582, § 2;
Laws 2001, LB 278, § 6;
Laws 2002, LB 1236, § 17;
Laws 2004, LB 485, § 18;
Laws 2010, LB861, § 61;
Laws 2017, LB113, § 47.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.15 - Community college culinary education program; catering license.

53-124.15.
Community college culinary education program; catering license.
A community college which offers a culinary education program may obtain a catering license under this section upon applying for and receiving a Class I license under the Nebraska Liquor Control Act. The catering license shall be issued for the same period and may be renewed in the same manner as the Class I license.
A community college holding a catering license and a Class I license under the act may sell alcoholic beverages only (1) at events held by such culinary education program on the campus of the community college or (2) at events catered by such culinary education program as part of the requirements of such program.
Source
Laws 2009, LB232, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-124.17 - Promotional farmers market special designated license holder; permit to sell or dispense; application; issuance; conditions; local governing body; duties.

53-124.17.
Promotional farmers market special designated license holder; permit to sell or dispense; application; issuance; conditions; local governing body; duties.
(1) The holder of a promotional farmers market special designated license issued under section 53-124.16 may apply to the local governing body of a city, village, or county for a permit to use the promotional farmers market special designated license to sell or dispense alcoholic liquor, which the holder is licensed to produce, for consumption at a farmers market located within the jurisdiction of the local governing body.
(2) A permit may be issued to the licensee for the duration of an annual farmers market without reapplying to the local governing body. The local governing body may issue multiple permits to a licensee for each separate farmers market location within the jurisdiction of the local governing body.
(3) For purposes of this section, local governing body means the governing body of the city or village within which the farmers market for which the permit is requested is located or, if such farmers market is not within the corporate limits of a city or village, local governing body means the governing body of the county within which the farmers market for which the permit is requested is located.
(4) No permit shall be granted under this section without the approval of the local governing body and the submission of a safety and security plan containing such information as the local governing body may require for use of the promotional farmers market special designated license. The local governing body may establish criteria for approving or denying a permit. The local governing body may designate an agent to determine whether a permit is to be approved or denied. Such agent shall follow criteria established by the local governing body in making the determination. The determination of the agent shall be considered the determination of the local governing body unless otherwise provided by the local governing body.
(5) The decision of the local governing body shall be final. If the applicant does not qualify for a permit to use the promotional farmers market special designated license to sell or dispense alcoholic liquor, including beer, for consumption at a farmers market, the permit shall be denied.
(6) The city, village, or county clerk shall deliver confirmation of the permit to use the promotional farmers market special designated license to sell or dispense alcoholic liquor, including beer, for consumption at a farmers market to the licensee upon receipt of any fee or tax imposed by such city, village, or county.
(7) The local governing body shall electronically notify the commission within five days after the authorization of any permit under this section for the holder of a promotional farmers market special designated license.
Source
Laws 2021, LB274, § 14.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-126 - License to corporation; conditions.

53-126.
License to corporation; conditions.
No corporation organized under the laws of this state, any other state, or any foreign country shall be issued any license provided for in the Nebraska Liquor Control Act unless such corporation is duly registered with the Secretary of State to transact business in this state. If such corporation is owned by a corporation, the owning corporation shall also be duly registered with the Secretary of State to transact business in this state.
Source
Laws 1935, c. 116, § 33, p. 398;
C.S.Supp.,1941, § 53-333;
R.S.1943, § 53-126;
Laws 1983, LB 447, § 75;
Laws 1991, LB 344, § 31.
Annotations
Agent of corporation licensee must be satisfactory to and approved by the commission with respect to his character. C & L Co. v. Nebraska Liquor Control Commission, 190 Neb. 91, 206 N.W.2d 49 (1973).
In exercising discretion to refuse license, Nebraska Liquor Control Commission may consider factors in addition to those set out in this section. T & N P Co., Inc. v. Nebraska Liquor Control Commission, 189 Neb. 708, 204 N.W.2d 809 (1973).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-130 - Licenses; manufacturers, wholesalers, railroads, airlines, boats, special party buses, pedal-pub vehicles, and nonbeverage users; conditions on issuance; fees; renewal.

53-130.
Licenses; manufacturers, wholesalers, railroads, airlines, boats, special party buses, pedal-pub vehicles, and nonbeverage users; conditions on issuance; fees; renewal.
(1) New licenses to manufacturers, wholesalers, railroads, airlines, boats, special party buses, pedal-pub vehicles, and nonbeverage users of alcoholic liquor may be issued by the commission upon (a) written application in duplicate filed in the manner and on such forms as the commission prescribes and in which the applicant for a beer wholesale license sets forth the sales territory in Nebraska in which it is authorized by a manufacturer or manufacturers to sell their brand or brands and the name of such brand or brands, (b) receipt of bond, (c) payment in advance of the nonrefundable application fee of forty-five dollars and the license fee, and (d) such notice and hearing as the commission fixes by its own order.
(2) A notice of such application shall be served upon the manufacturer or manufacturers listed in any application for a beer wholesale license and upon any existing wholesaler licensed to sell the brand or brands in the described sales territory.
(3) A license so issued may be renewed without formal application upon payment of license fees and a renewal fee of forty-five dollars prior to or within thirty days after the expiration of the license. The payment of such fees shall be an affirmative representation and certification by the licensee that all answers contained in an application, if submitted, would be the same in all material respects as the answers contained in the last previous application. The commission may at any time require a licensee to submit an application.
Source
Laws 1935, c. 116, § 81, p. 417;
C.S.Supp.,1941, § 53-381;
R.S.1943, § 53-130;
Laws 1959, c. 247, § 1, p. 848;
Laws 1959, c. 249, § 5, p. 865;
Laws 1967, c. 332, § 8, p. 888;
Laws 1971, LB 234, § 19;
Laws 1972, LB 66, § 2;
Laws 1991, LB 202, § 3;
Laws 1991, LB 344, § 32;
Laws 2000, LB 973, § 5;
Laws 2010, LB861, § 64;
Laws 2015, LB330, § 18;
Laws 2020, LB734, § 10.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-130.01 - Beer; manufacturers and shippers; file notice; contents.

53-130.01.
Beer; manufacturers and shippers; file notice; contents.
Every manufacturer or shipper of beer shall, before commencing or continuing business, file with the commission a notice in writing stating the name of the person, company, corporation, or firm, the names of the members of any such company or firm, the place of residence of such persons, a legal description of the premises on which the office of the manufacturer or shipper is situated and the title to such premises, and the name of the owner thereof.
Source
Laws 1935, c. 116, § 23, p. 388;
C.S.Supp.,1941, § 53-323;
R.S.1943, § 53-159;
Laws 1988, LB 1089, § 21;
Laws 1989, LB 780, § 11;
R.S.Supp.,1990, § 53-159;
Laws 1991, LB 344, § 33.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-131.01 - License; application; form; contents; criminal history record check; false statement; penalty.

53-131.01.
License; application; form; contents; criminal history record check; false statement; penalty.
(1) The application for a new license shall be submitted upon such forms as the commission may prescribe. Such forms shall contain (a) the name and residence of the applicant and how long he or she has resided within the State of Nebraska, (b) the particular premises for which a license is desired designating the same by street and number if practicable or, if not, by such other description as definitely locates the premises, (c) the name of the owner of the premises upon which the business licensed is to be carried on, (d) a statement that the applicant is a resident of Nebraska and legally able to work in Nebraska, that the applicant and the spouse of the applicant are not less than twenty-one years of age, and that such applicant has never been convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a manager for a corporation applying for a license shall qualify with all provisions of this subdivision as though the manager were the applicant, except that the provisions of this subdivision shall not apply to the spouse of a manager-applicant, (e) a statement that the applicant intends to carry on the business authorized by the license for himself or herself and not as the agent of any other persons and that if licensed he or she will carry on such business for himself or herself and not as the agent for any other person, (f) a statement that the applicant intends to superintend in person the management of the business licensed and that if so licensed he or she will superintend in person the management of the business, and (g) such other information as the commission may from time to time direct. The applicant shall also submit two legible sets of fingerprints to be furnished to the Federal Bureau of Investigation through the Nebraska State Patrol for a national criminal history record check and the fee for such record check payable to the patrol.
(2) If any false statement is made in any part of such application, the applicant or applicants shall be deemed guilty of perjury, and upon conviction thereof the license shall be revoked and the applicant subjected to the penalties provided by law for that crime.
Source
Laws 1935, c. 116, § 99, p. 427;
C.S.Supp.,1941, § 53-399;
R.S.1943, § 53-142;
Laws 1959, c. 249, § 13, p. 872;
Laws 1979, LB 224, § 4;
Laws 1980, LB 848, § 9;
Laws 1991, LB 344, § 35;
Laws 2003, LB 267, § 1;
Laws 2016, LB1105, § 21;
Laws 2022, LB1204, § 5.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-134.01 - Class C license holder; limited bottling endorsement; application; fee; conditions of sale.

53-134.01.
Class C license holder; limited bottling endorsement; application; fee; conditions of sale.
(1) The holder of a Class C license may obtain a limited bottling endorsement for such license as prescribed in this section. The endorsement shall be issued for the same period and may be renewed in the same manner as the Class C license. A limited bottling endorsement may not be used in conjunction with a special designated license.
(2) A licensee desiring to obtain a limited bottling endorsement for a license shall file with the commission an application upon such forms as the commission prescribes and a fee of three hundred dollars payable to the commission.
(3) The holder of a limited bottling endorsement may sell beer for consumption off the licensed premises in sealed containers filled as provided in this subsection if:
(a) The sale occurs on the licensed premises of the licensee during the hours the licensee is authorized to sell beer;
(b) The licensee uses sanitary containers purchased by the customer from the licensee or exchanged for containers previously purchased by the customer from the licensee. The containers shall prominently display the endorsement holder's trade name or logo or some other mark that is unique to the endorsement holder and shall hold no more than sixty-four ounces;
(c) The licensee seals the container in a manner designed so that it is visibly apparent whether the sealed container has been tampered with or opened or seals the container and places the container in a bag designed so that it is visibly apparent whether the sealed container has been tampered with or opened; and
(d) The licensee provides a dated receipt to the customer and attaches a copy of the dated receipt to the sealed container or, if the sealed container is placed in a bag, to the bag.
Source
Laws 2015, LB330, § 14;
Laws 2018, LB1120, § 18.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-134.02 - Local governing bodies; authority under act.

53-134.02.
Local governing bodies; authority under act.
Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act.
Source
Laws 1989, LB 781, § 13;
Laws 1993, LB 183, § 15.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-134.03 - Retail, bottle club, craft brewery, and microdistillery licenses; regulation by cities and villages.

53-134.03.
Retail, bottle club, craft brewery, and microdistillery licenses; regulation by cities and villages.
The governing bodies of cities and villages are authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail, bottle club, craft brewery, or microdistillery licensees carried on within the corporate limits of the city or village.
Source
Laws 1935, c. 116, § 104, p. 429;
C.S.Supp.,1941, § 53-3,104;
R.S.1943, § 53-147;
Laws 1980, LB 848, § 11;
Laws 1989, LB 781, § 14;
R.S.Supp.,1990, § 53-147;
Laws 1991, LB 344, § 38;
Laws 1993, LB 183, § 16;
Laws 1999, LB 267, § 12;
Laws 2004, LB 485, § 24;
Laws 2007, LB549, § 15;
Laws 2018, LB1120, § 19.
Annotations
Where city had not by ordinance attempted to regulate the location of the place of business of licensee, commission could grant license over objection of city. City of Lincoln v. Nebraska Liquor Control Commission, 181 Neb. 277, 147 N.W.2d 803 (1967).
Power to regulate sale of beer lies in local municipality. Phelps Inc. v. City of Hastings, 152 Neb. 651, 42 N.W.2d 300 (1950).
Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1977).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-134.04 - Violations by retail licensee or bottle club licensee; complaints of residents; hearings.

53-134.04.
Violations by retail licensee or bottle club licensee; complaints of residents; hearings.
Any five residents of the city or village shall have the right to file a complaint with the local governing body of such city or village stating that any retail licensee or bottle club licensee subject to the jurisdiction of such local governing body has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant to the act. Such complaint shall be in writing in the form prescribed by the local governing body and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule, or regulation believed to have been violated and the facts in detail upon which belief is based. If the local governing body is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint. The complaint shall in all cases be disposed of by the local governing body within thirty days from the date the complaint was filed by resolution thereof, which resolution shall be deemed the final order for purposes of appeal to the commission as provided in section 53-1,115.
Source
Laws 1935, c. 116, § 88, p. 422;
C.S.Supp.,1941, § 53-388;
R.S.1943, § 53-1,114;
Laws 1980, LB 848, § 21;
R.S.1943, (1988), § 53-1,114;
Laws 1991, LB 344, § 39;
Laws 2004, LB 485, § 25;
Laws 2018, LB1120, § 20.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-135 - Retail or bottle club licenses; automatic renewal; conditions.

53-135.
Retail or bottle club licenses; automatic renewal; conditions.
A retail or bottle club license issued by the commission and outstanding may be automatically renewed by the commission without formal application upon payment of the renewal fee and license fee if payable to the commission prior to or within thirty days after the expiration of the license. The payment shall be an affirmative representation and certification by the licensee that all answers contained in an application, if submitted, would be the same in all material respects as the answers contained in the last previous application. The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the local governing body.
If a licensee files an application form upon seeking renewal of his or her license, the application shall be processed as set forth in section 53-131.
Source
Laws 1935, c. 116, § 86, p. 421;
C.S.Supp.,1941, § 53-386;
R.S.1943, § 53-135;
Laws 1959, c. 249, § 10, p. 870;
Laws 1983, LB 213, § 15;
Laws 1984, LB 820, § 1;
Laws 1988, LB 1089, § 16;
Laws 1991, LB 344, § 40;
Laws 2004, LB 485, § 26;
Laws 2010, LB861, § 69;
Laws 2015, LB330, § 21;
Laws 2016, LB1105, § 23;
Laws 2018, LB1120, § 21;
Laws 2022, LB1204, § 7.
Annotations
An appeal from the district court's decision reversing the Nebraska Liquor Control Commission's approval of a class D liquor license under section 53-135.02 was not moot despite the expiration of the original license during the pendency of an appeal, because a licensee has a constitutionally protected interest in obtaining the renewal of an existing license, and that interest would be jeopardized if the license were wrongfully taken away. Orchard Hill Neighborhood v. Orchard Hill Mercantile, 274 Neb. 154, 738 N.W.2d 820 (2007).
An administrative agency is limited in authority to those powers granted to it by statute. Thus, without a showing by the Nebraska Liquor Control Commission or the objecting city that a renewal applicant did not meet one of the renewal requirements of this section and section 53-135.02, the commission could not demand that the applicant submit a long-form liquor license application. Grand Island Latin Club v. Nebraska Liq. Cont. Comm., 251 Neb. 61, 554 N.W.2d 778 (1996).
A liquor license which has been renewed by the Nebraska Liquor Control Commission pursuant to this section cannot be revoked by action of a city council. Luet, Inc. v. City of Omaha, 247 Neb. 831, 530 N.W.2d 633 (1995).
The language of section 53-150 and this section discloses a legislative intent to codify a practice of approving an application for continuation of an existing liquor license in the absence of a change of circumstances indicated on the licensee's renewal application. Pump & Pantry, Inc. v. City of Grand Island, 233 Neb. 191, 444 N.W.2d 312 (1989).