reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-101.05 - Act to be liberally construed.

53-101.05.
Act to be liberally construed.
The Nebraska Liquor Control Act shall be liberally construed to the end that the health, safety, and welfare of the people of the State of Nebraska are protected and temperance in the consumption of alcoholic liquor is fostered and promoted by sound and careful control and regulation of the manufacture, sale, and distribution of alcoholic liquor.
Source
Laws 1935, c. 116, § 97, p. 427;
C.S.Supp.,1941, § 53-397;
R.S.1943, § 53-1,118;
R.S.1943, (1988), § 53-1,118;
Laws 1991, LB 344, § 4.
Annotations
To comply with legislative policy licensee or agent of corporate 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).
It is not the court's duty to read a meaning into a statute not warranted by legislative language. Calvary Baptist Church v. Coonrad, 163 Neb. 25, 77 N.W.2d 821 (1956).
Liquor Control Act is to be liberally construed. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).
Text of Liquor Control Act evidences legislative interest to authorize adoption of regulations by commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.01 - Alcohol, defined.

53-103.01.
Alcohol, defined.
Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. Alcohol does not include denatured alcohol or wood alcohol.
Source
Laws 2010, LB861, § 9.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.02 - Alcoholic liquor, defined.

53-103.02.
Alcoholic liquor, defined.
(1) Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. Alcoholic liquor also includes confections or candy that contains more than one-half of one percent alcohol.
(2) The Nebraska Liquor Control Act does not apply to (a) alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations adopted and promulgated pursuant to such acts, (b) flavoring extracts, syrups, medicinal, mechanical, scientific, culinary, or toilet preparations, or food products unfit for beverage purposes, but the act applies to alcoholic liquor used in the manufacture, preparation, or compounding of such products or confections or candy that contains more than one-half of one percent alcohol, or (c) wine intended for use and used by any church or religious organization for sacramental purposes.
Source
Laws 2010, LB861, § 10.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.03 - Beer, defined.

53-103.03.
Beer, defined.
Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, near beer, flavored malt beverage, and hard cider.
Source
Laws 2010, LB861, § 11;
Laws 2012, LB824, § 3;
Laws 2015, LB330, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.05 - Brewpub, defined.

53-103.05.
Brewpub, defined.
Brewpub means any restaurant or hotel which produces on its premises a maximum of twenty thousand barrels of beer per year.
Source
Laws 2010, LB861, § 13;
Laws 2012, LB780, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.06 - Campus, defined.

53-103.06.
Campus, defined.
Campus, as it pertains to the southern boundary of the main campus of the University of Nebraska-Lincoln, means the south right-of-way line of R Street and abandoned R Street from 10th to 17th streets and, as it pertains to the western boundary of the main campus of the University of Nebraska-Lincoln, means the east right-of-way line of 10th Street from R Street to Holdrege Street (Salt Creek Roadway).
Source
Laws 2010, LB861, § 14.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.08 - Cigar shop, defined.

53-103.08.
Cigar shop, defined.
Cigar shop means an establishment operated by a holder of a Class C liquor license which:
(1) Does not sell food;
(2) In addition to selling alcohol, annually receives ten percent or more of its gross revenue from the sale of cigars, other tobacco products, and tobacco-related products, except from the sale of cigarettes as defined in section 69-2702. A cigar shop shall not discount alcohol if sold in combination with cigars or other tobacco products and tobacco-related products;
(3) Has a walk-in humidor on the premises; and
(4) Does not permit the smoking of cigarettes.
Source
Laws 2010, LB861, § 16;
Laws 2015, LB118, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.09 - Club, defined.

53-103.09.
Club, defined.
(1) Club means a corporation (a) which is organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquor, (b) which is kept, used, and maintained by its members through the payment of annual dues, and (c) which owns, hires, or leases a building or space in a building suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests.
(2) The affairs and management of such club shall be conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting, and no member, officer, agent, or employee of the club shall be paid or shall directly or indirectly receive, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members other than any salary fixed and voted at any annual meeting by the members or by the governing body of the club out of the general revenue of the club.
Source
Laws 2010, LB861, § 17;
Laws 2016, LB1105, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.13 - Farm winery, defined.

53-103.13.
Farm winery, defined.
Farm winery means any enterprise which produces and sells wines produced from grapes, other fruit, or other suitable agricultural products of which at least sixty percent of the finished product is grown in this state or which meets the requirements of section 53-123.13.
Source
Laws 2010, LB861, § 21;
Laws 2019, LB592, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.14 - Franchise or agreement, defined.

53-103.14.
Franchise or agreement, defined.
Franchise or agreement, with reference to the relationship between a manufacturer and wholesaler, includes one or more of the following:
(1) A commercial relationship of a definite duration or continuing indefinite duration which is not required to be in writing;
(2) A relationship by which the wholesaler is granted the right to offer and sell the manufacturer's brands by the manufacturer;
(3) A relationship by which the franchise, as an independent business, constitutes a component of the manufacturer's distribution system;
(4) A relationship by which the operation of the wholesaler's business is substantially associated with the manufacturer's brand, advertising, or other commercial symbol designating the manufacturer; and
(5) A relationship by which the operation of the wholesaler's business is substantially reliant on the manufacturer for the continued supply of beer.
Source
Laws 2010, LB861, § 22.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.15 - Generic label, defined.

53-103.15.
Generic label, defined.
Generic label means a label which is not protected by a registered trademark, either in whole or in part, or to which no person has acquired a right pursuant to state or federal statutory or common law.
Source
Laws 2010, LB861, § 23.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.16 - Hotel, defined.

53-103.16.
Hotel, defined.
Hotel means any building or other structure (1) which is kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, (2) in which twenty-five or more rooms are used for the sleeping accommodations of such guests, and (3) which has one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same buildings in connection therewith and such building or buildings or structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
Source
Laws 2010, LB861, § 24.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.17 - Local governing body, defined.

53-103.17.
Local governing body, defined.
Local governing body means (1) the city council or village board of trustees of a city or village within which the licensed premises are located or (2) if the licensed premises are not within the corporate limits of a city or village, the county board of the county within which the licensed premises are located.
Source
Laws 2010, LB861, § 25.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.18 - Manager, defined.

53-103.18.
Manager, defined.
Manager means a person appointed by a corporation or limited liability company to oversee the daily operation of the business licensed in Nebraska. A manager shall meet all the requirements of the Nebraska Liquor Control Act as though he or she were the applicant, including residency.
Source
Laws 2010, LB861, § 26;
Laws 2016, LB1105, § 7.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.19 - Manufacture, defined.

53-103.19.
Manufacture, defined.
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in the Nebraska Liquor Control Act to serve drinks for consumption on the premises where sold.
Source
Laws 2010, LB861, § 27.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.20 - Manufacturer, defined.

53-103.20.
Manufacturer, defined.
Manufacturer means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler, restaurant, hotel, or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying, or bottling alcoholic liquor, including a wholly owned affiliate or duly authorized agent for a manufacturer.
Source
Laws 2010, LB861, § 28;
Laws 2016, LB1105, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.21 - Microbrewery, defined.

53-103.21.
Microbrewery, defined.
Microbrewery means any small brewery producing a maximum of twenty thousand barrels of beer per year.
Source
Laws 2010, LB861, § 29;
Laws 2012, LB780, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.22 - Microdistillery, defined.

53-103.22.
Microdistillery, defined.
Microdistillery means a distillery located in Nebraska that is licensed to distill liquor on the premises of the distillery licensee and produces one hundred thousand or fewer gallons of liquor annually.
Source
Laws 2010, LB861, § 30;
Laws 2021, LB274, § 5.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.25 - Nonbeverage user, defined.

53-103.25.
Nonbeverage user, defined.
Nonbeverage user means every manufacturer of any of the products set forth and described in subsection (4) of section 53-160, when such product contains alcoholic liquor, and all laboratories, hospitals, and sanatoria using alcoholic liquor for nonbeverage purposes.
Source
Laws 2010, LB861, § 33.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.27 - Original package, defined.

53-103.27.
Original package, defined.
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.
Source
Laws 2010, LB861, § 35.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.29 - Private label, defined.

53-103.29.
Private label, defined.
Private label means a label which the purchasing wholesaler or retailer has protected, in whole or in part, by a trademark registration or which the purchasing wholesaler or retailer has otherwise protected pursuant to state or federal statutory or common law.
Source
Laws 2010, LB861, § 37.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.30 - Restaurant, defined.

53-103.30.
Restaurant, defined.
Restaurant means any public place (1) which is kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served, (2) which has no sleeping accommodations, and (3) which has adequate and sanitary kitchen and dining room equipment and capacity and a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests.
Source
Laws 2010, LB861, § 38.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.31 - Retailer, defined.

53-103.31.
Retailer, defined.
Retailer means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form except as provided in section 53-175.
Source
Laws 2010, LB861, § 39.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.33 - Sale, defined.

53-103.33.
Sale, defined.
Sale means any transfer, exchange, or barter in any manner or by any means for a consideration and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee.
Source
Laws 2010, LB861, § 41.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.34 - Sampling, defined.

53-103.34.
Sampling, defined.
Sampling means consumption on the premises of a retail licensee of not more than five samples of one fluid ounce or less of alcoholic liquor by the same person in a twenty-four-hour period.
Source
Laws 2010, LB861, § 42.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.36 - Sell at retail and sale at retail, defined.

53-103.36.
Sell at retail and sale at retail, defined.
Sell at retail and sale at retail means sale for use or consumption and not for resale in any form except as provided in section 53-175.
Source
Laws 2010, LB861, § 44.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.38 - Spirits, defined.

53-103.38.
Spirits, defined.
Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution. Spirits includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when rectified, blended, or otherwise mixed with alcohol or other substances. Spirits does not include flavored malt beverages.
Source
Laws 2010, LB861, § 46;
Laws 2012, LB824, § 5.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.41 - Wholesaler, defined.

53-103.41.
Wholesaler, defined.
Wholesaler means a person importing or causing to be imported into the state or purchasing or causing to be purchased within the state alcoholic liquor for sale or resale to retailers licensed under the Nebraska Liquor Control Act, whether the business of the wholesaler is conducted under the terms of a franchise or any other form of an agreement with a manufacturer or manufacturers, or who has caused alcoholic liquor to be imported into the state or purchased in the state from a manufacturer or manufacturers and was licensed to conduct such a business by the commission on May 1, 1970, or has been so licensed since that date.
Wholesaler includes a distributor, distributorship, and jobber.
Source
Laws 2010, LB861, § 49;
Laws 2016, LB1105, § 9.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.43 - Flavored malt beverage, defined.

53-103.43.
Flavored malt beverage, defined.
Flavored malt beverage means a beer that derives not more than forty-nine percent of its total alcohol content from flavors or flavorings containing alcohol obtained by distillation, except that in the case of a malt beverage with an alcohol content of more than six percent by volume, not more than one and one-half percent of the volume of the malt beverage may consist of alcohol derived from flavors, flavorings, or other nonbeverage ingredients containing alcohol obtained by distillation.
Source
Laws 2012, LB824, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.44 - Hard cider, defined.

53-103.44.
Hard cider, defined.
Hard cider means still wine (1)(a) derived primarily from apples or apple concentrate and water such that apple juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, represents more than fifty percent of the volume of the finished product or (b) derived primarily from pears or pear concentrate and water such that pear juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, represents more than fifty percent of the volume of the finished product, (2) containing at least one-half of one percent and less than eight and one-half percent alcohol by volume, (3) having the taste, aroma, and characteristics generally attributed to hard cider, and (4) sold or offered for sale as hard cider.
Source
Laws 2015, LB330, § 5;
Laws 2016, LB1105, § 10.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.47 - Bottle club, defined.

53-103.47.
Bottle club, defined.
Bottle club means an operation, whether formally organized as a club having a regular membership list, dues, officers, and meetings or not, keeping and maintaining premises where persons who have made their own purchases of alcoholic liquor congregate for the express purpose of consuming alcoholic liquor upon the payment of a fee or other consideration.
Source
Laws 2018, LB1120, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.48 - Farmers market, defined.

53-103.48.
Farmers market, defined.
Farmers market means any common facility or area where producers or growers gather on a regular, recurring basis to sell fruits, vegetables, meats, and other farm products directly to consumers.
Source
Laws 2021, LB274, § 3.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.49 - Ready-to-drink cocktail, defined.

53-103.49.
Ready-to-drink cocktail, defined.
Ready-to-drink cocktail means a beverage or confection containing spirits in an original package which contains twelve and one-half percent or less alcohol by volume.
Source
Laws 2021, LB274, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.50 - Channel pricing, defined.

53-103.50.
Channel pricing, defined.
Channel pricing means a pricing strategy that differentiates the price charged for a product based upon the type of license held by the retailer and the primary use of the premises on which the retailer operates.
Source
Laws 2023, LB376, § 3.
Effective Date: April 22, 2023
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-103.51 - Primary source of supply in the United States, defined.

53-103.51.
Primary source of supply in the United States, defined.
(1) Primary source of supply in the United States means:
(a) The manufacturer, producer, or owner of any alcoholic liquor at the time it becomes a marketable product in the United States;
(b) The bottler of any alcoholic liquor in the United States;
(c) The exclusive agent within the United States or any of the states of any manufacturer, producer, owner, or bottler of any alcoholic liquor outside the United States; or
(d) A licensed Nebraska craft brewery, farm winery, microdistillery, or manufacturer.
(2) To be the primary source of supply in the United States, the licensee causing such alcoholic liquor to be imported into Nebraska must be the first source, such as the manufacturer or the source closest to the manufacturer, in the channel of commerce from which the product can be secured by Nebraska licensed wholesalers.
Source
Laws 2023, LB376, § 4.
Effective Date: April 22, 2023
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-105 - Nebraska Liquor Control Commission; creation; members; appointment; qualifications.

53-105.
Nebraska Liquor Control Commission; creation; members; appointment; qualifications.
There is hereby created the Nebraska Liquor Control Commission, consisting of three members to be appointed by the Governor, subject to confirmation by a majority of the members elected to the Legislature, no more than two of whom shall be members of the same political party, and no two shall be citizens of the same congressional district.
Source
Laws 1935, c. 116, § 6, p. 379;
C.S.Supp.,1941, § 53-306;
R.S.1943, § 53-105;
Laws 1965, c. 318, § 3, p. 890.
Annotations
Under former act, it did not provide for, or require, confirmation of appointment of members of the Liquor Control Commission by the Legislature. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-106 - Commission; members; term; removal; not to hold other office.

53-106.
Commission; members; term; removal; not to hold other office.
The Governor shall appoint three members of the commission, one of whom he shall designate as chairman. One member shall be appointed every two years and shall hold office for a period of six years. Any appointee may be removed by the Governor, after an opportunity to be heard, for malfeasance, misfeasance or neglect in office. No person shall be appointed to the commission, or continue to hold that office after appointment, while holding any other office or position under the laws of this state, any other state, or of the United States.
Source
Laws 1935, c. 116, § 7, p. 379;
C.S.Supp.,1941, § 53-307;
R.S.1943, § 53-106.
Annotations
Term of office of member of Liquor Control Commission is six years. State ex rel. Meyer v. Sorrell, 174 Neb. 340, 117 N.W.2d 872 (1962).
Authority to remove member of Liquor Control Commission is declaratory of power granted by the Constitution. State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 (1951).
Member of Liquor Control Commission can only be removed by the Governor for cause, after an opportunity to be heard, and for the reasons set forth in this section. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-107 - Commission; quorum; executive director; duties.

53-107.
Commission; quorum; executive director; duties.
A majority of the commission shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the commission. Every act of a majority of the members of the commission shall be deemed to be the act of the commission. The commission shall have an executive director, to be appointed by it subject to the approval of the Governor, who shall keep a record of all proceedings, transactions, communications, and official acts of the commission. The executive director shall be the custodian of all records and perform such other duties as the commission may prescribe.
Source
Laws 1935, c. 116, § 8, p. 380;
C.S.Supp.,1941, § 53-308;
R.S.1943, § 53-107;
Laws 1989, LB 780, § 1.
Annotations
Appointment of secretary is subject to approval of Governor. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-108 - Employees; appointment.

53-108.
Employees; appointment.
The commission may, with the advice and approval of the Governor, appoint or employ such clerks and other employees as may be necessary to carry out the Nebraska Liquor Control Act or to perform the duties and exercise the powers conferred by law upon the commission.
Source
Laws 1935, c. 116, § 9, p. 380;
C.S.Supp.,1941, § 53-309;
R.S.1943, § 53-108;
Laws 1945, c. 238, § 22, p. 714;
Laws 1951, c. 311, § 4, p. 1067;
Laws 1991, LB 344, § 6.
Annotations
Employment of subordinate employees is subject to approval of Governor. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-109 - Commissioners and employees; bonds or insurance.

53-109.
Commissioners and employees; bonds or insurance.
Before entering upon the duties of his or her office, each commissioner shall be bonded or insured as required by section 11-201. Employees of the commission who are accountable for public funds shall be bonded or insured as required by section 11-201 to secure the safety of such funds. The premium shall be paid by the State of Nebraska out of the General Fund. Before entering upon the duties of his or her office, the executive director of the commission shall be bonded or insured as required by section 11-201.
Source
Laws 1935, c. 116, § 10, p. 380;
C.S.Supp.,1941, § 53-310;
R.S.1943, § 53-109;
Laws 1953, c. 180, § 1, p. 569;
Laws 1978, LB 653, § 14;
Laws 1989, LB 780, § 2;
Laws 2004, LB 884, § 25.
Annotations
Bond required of member of Liquor Control Commission is different than that required of head of executive department. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-110 - Commissioners and employees; qualifications; employment by licensee authorized; restrictions.

53-110.
Commissioners and employees; qualifications; employment by licensee authorized; restrictions.
(1) No person shall be appointed as a commissioner, the executive director of the commission, or an employee of the commission who is not a citizen of the United States and who has not resided within the State of Nebraska successively for two years next preceding the date of his or her appointment.
(2) No person (a) convicted of or who has pleaded guilty to a felony or any violation of any federal or state law concerning the manufacture or sale of alcoholic liquor prior or subsequent to the passage of the Nebraska Liquor Control Act, (b) who has paid a fine or penalty in settlement of any prosecution against him or her for any violation of such laws, or (c) who has forfeited his or her bond to appear in court to answer charges for any such violation shall be appointed commissioner.
(3)(a) Except as otherwise provided in subdivision (b) of this subsection, no commissioner or employee of the commission may, directly or indirectly, individually, as a member of a partnership, as a member of a limited liability company, or as a shareholder of a corporation, have any interest whatsoever in the manufacture, sale, or distribution of alcoholic liquor, receive any compensation or profit from such manufacture, sale, or distribution, or have any interest whatsoever in the purchases or sales made by the persons authorized by the act to purchase or to sell alcoholic liquor.
(b) With the written approval of the executive director, an employee of the commission, other than the executive director or a division manager, may accept part-time or seasonal employment with a person licensed or regulated by the commission. No such employment shall be approved if the licensee receives more than fifty percent of the licensee's gross revenue from the sale or dispensing of alcoholic liquor.
(4) This section shall not prevent any commissioner, the executive director, or any employee from purchasing and keeping in his or her possession for the use of himself, herself, or members of his or her family or guests any alcoholic liquor which may be purchased or kept by any person pursuant to the act.
Source
Laws 1935, c. 116, § 11, p. 380;
C.S.Supp.,1941, § 53-311;
R.S.1943, § 53-110;
Laws 1989, LB 780, § 3;
Laws 1991, LB 344, § 7;
Laws 1993, LB 121, § 318;
Laws 2011, LB407, § 2.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-111 - Gifts and gratuities forbidden; violation; penalty.

53-111.
Gifts and gratuities forbidden; violation; penalty.
A commissioner, the executive director of the commission, or any person appointed or employed by the commission shall not solicit or accept any gift, gratuity, emolument, or employment from any person subject to the Nebraska Liquor Control Act or from any officer, agent, or employee thereof or solicit, request from, or recommend, directly or indirectly, to any such person or to any officer, agent, or employee thereof the appointment of any person to any place or position. Any such person and every officer, agent, or employee thereof may not offer to any commissioner, the executive director, or any person appointed or employed by the commission any gift, gratuity, emolument, or employment. If a commissioner, the executive director, or any person appointed or employed by the commission violates this section, he or she shall be removed from his or her office or employment. Every person violating this section shall be guilty of a Class II misdemeanor.
Source
Laws 1935, c. 116, § 12, p. 381;
C.S.Supp.,1941, § 53-312;
R.S.1943, § 53-111;
Laws 1977, LB 40, § 310;
Laws 1989, LB 780, § 4.
Annotations
A violation of this section affords an adequate basis for an order of removal from office. State ex rel. Meyer v. Sorrell, 174 Neb. 340, 117 N.W.2d 872 (1962).
Violation of this section constitutes ground for removal of member of Liquor Control Commission. State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 (1951).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-112 - Commissioners and executive director; compensation; expenses.

53-112.
Commissioners and executive director; compensation; expenses.
Each member of the commission shall receive an annual salary of not to exceed twelve thousand five hundred dollars, to be fixed by the Governor, payable monthly, and in addition expenses authorized in section 53-113 incurred on behalf of the commission. The salary of the executive director of the commission shall be fixed by the commission, payable monthly.
Source
Laws 1935, c. 116, § 13, p. 382;
C.S.Supp.,1941, § 53-313;
R.S.1943, § 53-112;
Laws 1951, c. 338, § 2, p. 1116;
Laws 1955, c. 200, § 1, p. 568;
Laws 1957, c. 227, § 1, p. 777;
Laws 1959, c. 339, § 1, p. 1222;
Laws 1967, c. 330, § 1, p. 876;
Laws 1969, c. 438, § 1, p. 1468;
Laws 1973, LB 111, § 2;
Laws 1974, LB 681, § 3;
Laws 1989, LB 780, § 5;
Laws 2020, LB381, § 44.
Annotations
Cited in making comparison of powers and duties of Liquor Control Commission with those of heads of executive departments. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-113 - Commissioners and employees; expenses and mileage.

53-113.
Commissioners and employees; expenses and mileage.
The commissioners, the executive director of the commission, and all employees of the commission shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177. The commission may also incur necessary expenses for office furniture and other incidental expenses. No commissioner, executive director, or employee of the commission shall request or be allowed mileage or other traveling expenses unless such sections are strictly complied with.
Source
Laws 1935, c. 116, § 14, p. 382;
Laws 1941, c. 180, § 15, p. 709;
C.S.Supp.,1941, § 53-314;
R.S.1943, § 53-113;
Laws 1981, LB 204, § 94;
Laws 1988, LB 864, § 8;
Laws 1989, LB 780, § 6;
Laws 1991, LB 344, § 8;
Laws 2020, LB381, § 45.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-114 - Meetings; office; branch offices; seal; certified copies of records as evidence.

53-114.
Meetings; office; branch offices; seal; certified copies of records as evidence.
The office of the commission shall be in Lincoln, but the commission may, with the approval of the Governor, establish and maintain branch offices at places other than the seat of government. The commission shall hold regular meetings at least once a month and may hold such special meetings as it deems necessary at any time and at any place within the state. The commission may, for authentication of its records, process, and proceedings, adopt, keep, and use a common seal, of which seal judicial notice shall be taken in all of the courts of the state. Any process, notice, or other paper which the commission is authorized by law to issue shall be deemed sufficient if signed by the chairperson and executive director of the commission and authenticated by such seal. All acts, orders, proceedings, rules, regulations, entries, minutes, and other records of the commission and all reports and documents filed with the commission may be proved in any court of this state by copy thereof certified to by the executive director attached.
Source
Laws 1935, c. 116, § 15, p. 382;
C.S.Supp.,1941, § 53-315;
R.S.1943, § 53-114;
Laws 1988, LB 1089, § 4;
Laws 1989, LB 780, § 7.
Annotations
Member of Liquor Control Commission is not required to reside in Lincoln. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-115 - Assistant attorney general assigned to commission; compensation; payment.

53-115.
Assistant attorney general assigned to commission; compensation; payment.
The Attorney General of Nebraska shall designate an assistant attorney general or assistant attorneys general, when requested by the commission and directed by the Governor, and the services of such assistant attorney general or assistant attorneys general shall be available to the commission whenever demanded. The compensation of such assistant attorney general or assistant attorneys general as are assigned to the commission shall be paid by the office of the Attorney General.
Source
Laws 1935, c. 116, § 24, p. 389;
C.S.Supp.,1941, § 53-324;
R.S.1943, § 53-115;
Laws 1988, LB 1089, § 5.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-116.01 - Retail licensees; bottle club licensees; inspection of premises; suspend, cancel, or revoke license; when; charter bus; inspection; when.

53-116.01.
Retail licensees; bottle club licensees; inspection of premises; suspend, cancel, or revoke license; when; charter bus; inspection; when.
(1) The commission and local governing bodies shall cause frequent inspection to be made on the premises of all retail licensees and bottle club licensees, and if it is found that any such licensee is violating any provision of the Nebraska Liquor Control Act or the rules and regulations of the commission adopted and promulgated under the act or is failing to observe in good faith the purposes of the act, the license may be suspended, canceled, or revoked after the licensee is given an opportunity to be heard in his or her defense.
(2) The commission and local governing bodies may inspect a charter bus providing service under a certificate of public convenience and necessity granted by the Public Service Commission when the owner or operator of the charter allows the consumption of alcoholic liquor in the charter bus by an individual who is twenty-one years of age or older so long as the inspection is performed when the bus has stopped for the purpose of allowing passengers to embark or disembark.
Source
Laws 1935, c. 116, § 103, p. 429;
C.S.Supp.,1941, § 53-3,103;
R.S.1943, § 53-146;
Laws 1957, c. 231, § 1, p. 790;
Laws 1959, c. 249, § 15, p. 873;
Laws 1977, LB 176, § 1;
Laws 1980, LB 848, § 10;
R.S.1943, (1988), § 53-146;
Laws 1991, LB 344, § 9;
Laws 2004, LB 485, § 4;
Laws 2018, LB1120, § 5;
Laws 2020, LB734, § 2.
Annotations
The authority of the Nebraska Liquor Control Commission to cancel a liquor license is set forth in this section and section 53-117.08. Each of these sections gives the commission authority to revoke, cancel, or suspend a liquor license where, after a proper hearing, the licensee has been found to have violated a provision of the Nebraska Liquor Control Act, a regulation adopted pursuant to the act, or a lawful ordinance of a local governing body. Grand Island Latin Club v. Nebraska Liq. Cont. Comm., 251 Neb. 61, 554 N.W.2d 778 (1996).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-116.02 - Licensee; violations; forfeiture or revocation of license.

53-116.02.
Licensee; violations; forfeiture or revocation of license.
Whenever any retail licensee, bottle club licensee, craft brewery licensee, or microdistillery licensee has been convicted by any court of a violation of the Nebraska Liquor Control Act, the licensee may, in addition to the penalties for such offense, incur a forfeiture of the license and all money that had been paid for the license. The local governing body may conditionally revoke the license subject to a final order of the commission, or the commission may revoke the license in an original proceeding brought before it for that purpose.
Source
Laws 1935, c. 116, § 47, p. 403;
C.S.Supp.,1941, § 53-347;
R.S.1943, § 53-128;
Laws 1989, LB 781, § 7;
R.S.Supp.,1990, § 53-128;
Laws 1991, LB 344, § 10;
Laws 1993, LB 183, § 4;
Laws 1999, LB 267, § 4;
Laws 2004, LB 485, § 5;
Laws 2007, LB549, § 3;
Laws 2018, LB1120, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-117.01 - Subpoenas; issuance; witnesses; documents.

53-117.01.
Subpoenas; issuance; witnesses; documents.
In the discharge of any duty herein imposed the commission shall have authority to issue subpoenas and to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony.
Source
Laws 1959, c. 245, § 2, p. 844.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-117.02 - Disobedience to subpoena; refusal to testify; proceedings for contempt.

53-117.02.
Disobedience to subpoena; refusal to testify; proceedings for contempt.
In case of disobedience on the part of any person to any subpoena issued by the commission or the refusal of any witness to testify on any matters regarding which he may be lawfully interrogated, it shall be the duty of the district court for the county in which such hearing was convened, on the application of a member of the commission, to compel obedience by proceedings for contempt as in the case of disobedience to the requirements of a subpoena issued from such court or a refusal to testify therein.
Source
Laws 1959, c. 245, § 3, p. 844.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-117.05 - Rules and regulations; statutes; commission; provide copies; fee authorized.

53-117.05.
Rules and regulations; statutes; commission; provide copies; fee authorized.
The commission shall provide without charge to any person licensed under the Nebraska Liquor Control Act a set of rules and regulations adopted and promulgated by the commission, a copy of the Nebraska Liquor Control Act, and any other information which the commission deems important in the area of liquor control in the State of Nebraska. The information may be printed in a booklet, a pamphlet, or any other form the commission may determine to be appropriate. The commission may update such material as often as it deems necessary. The commission may provide such material to any other person upon request and may charge a fee for the material. The fee shall be reasonable and shall not exceed any reasonable or necessary costs of producing the material for distribution.
Source
Laws 1989, LB 70, § 3;
Laws 1989, LB 781, § 17;
Laws 1991, LB 202, § 1;
Laws 1993, LB 183, § 6.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-117.06 - Nebraska Liquor Control Commission Rule and Regulation Cash Fund; created; use; investment.

53-117.06.
Nebraska Liquor Control Commission Rule and Regulation Cash Fund; created; use; investment.
Any money collected by the commission pursuant to section 53-117.05, 53-165.01, or 53-167.02 shall be credited to the Nebraska Liquor Control Commission Rule and Regulation Cash Fund, which fund is hereby created. The purpose of the fund shall be to cover any administrative costs, including salary and benefits, incurred by the commission in producing or distributing the material referred to in such sections and to defray the costs associated with electronic regulatory transactions, industry education events, enforcement training, and equipment for regulatory work. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Liquor Control Commission Rule and Regulation Cash 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 1989, LB 70, § 4;
Laws 1989, LB 781, § 18;
Laws 1993, LB 183, § 7;
Laws 1993, LB 332, § 6;
Laws 1994, LB 1066, § 42;
Laws 2008, LB993, § 1;
Laws 2009, First Spec. Sess., LB3, § 28;
Laws 2013, LB199, § 23;
Laws 2023, LB376, § 8.
Effective Date: April 22, 2023
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 › 53-117.07 - Proceedings to suspend, cancel, or revoke licenses before commission.

53-117.07.
Proceedings to suspend, cancel, or revoke licenses before commission.
All proceedings for the suspension, cancellation, or revocation of licenses of manufacturers, wholesalers, nonbeverage users, craft breweries, microdistilleries, railroads, airlines, shippers, boats, special party buses, and pedal-pub vehicles shall be before the commission, and the proceedings shall be in accordance with rules and regulations adopted and promulgated by it not inconsistent with law. No such license shall be so suspended, canceled, or revoked except after a hearing by the commission with reasonable notice to the licensee and opportunity to appear and defend.
Source
Laws 1935, c. 116, § 94, p. 425;
C.S.Supp.,1941, § 53-394;
R.S.1943, § 53-140;
Laws 1967, c. 332, § 11, p. 891;
Laws 1980, LB 848, § 8;
Laws 1988, LB 1089, § 19;
R.S.1943, (1988), § 53-140;
Laws 1991, LB 344, § 12;
Laws 1996, LB 750, § 2;
Laws 2007, LB549, § 4;
Laws 2015, LB330, § 10;
Laws 2020, LB734, § 4.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-117.08 - License; suspend, cancel, or revoke; hearing; conviction; court; duty.

53-117.08.
License; suspend, cancel, or revoke; hearing; conviction; court; duty.
The license of any licensee who violates any of the provisions of the Nebraska Liquor Control Act shall be suspended, canceled, or revoked. If any licensee violates the regulations adopted and promulgated by the commission or any lawful ordinance of the local governing body, the commission may, after proper hearing, suspend, cancel, or revoke the license. If any licensee is convicted of a violation of the terms of the act, the court shall immediately notify the local governing body and the commission.
Source
Laws 1991, LB 344, § 13.
Annotations
The authority of the Nebraska Liquor Control Commission to cancel a liquor license is set forth in section 53-116.01 and this section. Each of these sections gives the commission authority to revoke, cancel, or suspend a liquor license where, after a proper hearing, the licensee has been found to have violated a provision of the Nebraska Liquor Control Act, a regulation adopted pursuant to the act, or a lawful ordinance of a local governing body. Grand Island Latin Club v. Nebraska Liq. Cont. Comm., 251 Neb. 61, 554 N.W.2d 778 (1996).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-118 - Rules and regulations.

53-118.
Rules and regulations.
The commission shall adopt and promulgate rules and regulations to carry out the Nebraska Liquor Control Act. The rules and regulations shall include, among such other things as the commission may determine, provisions: (1) Prescribing conditions as to the issuance of duplicate licenses in lieu of those lost or destroyed; (2) determining for which violations of the rules and regulations licenses shall be suspended, canceled, or revoked; (3) establishing standards of purity, sanitation, honest advertising, and representation; and (4) covering any and all the other details which are necessary or convenient to the enforcement of the intent, purpose, and requirements of the act.
Source
Laws 1935, c. 116, § 16, p. 383;
C.S.Supp.,1941, § 53-316;
R.S.1943, § 53-118;
Laws 1945, c. 127, § 1, p. 409;
Laws 1955, c. 201, § 1, p. 569;
Laws 1961, c. 259, § 1, p. 767;
Laws 1963, c. 311, § 1, p. 936;
Laws 1967, c. 331, § 1, p. 877;
Laws 1967, c. 332, § 2, p. 880;
Laws 1971, LB 754, § 1;
Laws 1972, LB 66, § 1;
Laws 1977, LB 362, § 1;
Laws 1979, LB 323, § 1;
Laws 1991, LB 344, § 14.
Annotations
In the absence of a violation of a statute or valid regulation of the Nebraska Liquor Control Commission, the commission has no authority to cancel a liquor license. Jetter v. Nebraska Liquor Control Commission, 204 Neb. 431, 283 N.W.2d 5 (1979).
A city is not prohibited from adopting reasonable regulations beyond those of the Liquor Control Commission if not in conflict therewith. Bali Hai', Inc. v. Nebraska Liquor Control Commission, 195 Neb. 1, 236 N.W.2d 614 (1975).
Rule of Liquor Control Commission prescribing price at which liquors should be sold at retail was unconstitutional. Terry Carpenter, Inc. v. Nebraska Liquor Control Commission, 175 Neb. 26, 120 N.W.2d 374 (1963).
Liquor Control Commission may promulgate such reasonable rules and regulations as it may deem necessary to carry out Liquor Control Act, but such rules and regulations must not be in conflict with the act itself. State ex rel. Nebraska Beer Wholesalers Assn. v. Young, 153 Neb. 395, 44 N.W.2d 806 (1950).
Legislative grant of power to Nebraska Liquor Control Commission to make rules and regulations with respect to all containers of alcoholic liquors is constitutional. Marsh & Marsh, Inc. v. Carmichael, 136 Neb. 797, 287 N.W. 616 (1939).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-119.01 - Fire safety inspection; fee.

53-119.01.
Fire safety inspection; fee.
The commission may request the State Fire Marshal to inspect for fire safety pursuant to section 81-502 any premises for which an annually renewable retail license or bottle club license, or renewal of such a license, is sought. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 which shall be payable by the licensee or applicant for a license. The authority to make such investigations may be delegated to qualified local fire prevention personnel pursuant to section 81-502.
Source
Laws 1983, LB 498, § 1;
Laws 2004, LB 485, § 7;
Laws 2018, LB1120, § 8.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-120 - Ready-to-drink cocktails; production and sale; rules and regulations.

53-120.
Ready-to-drink cocktails; production and sale; rules and regulations.
The commission may adopt and promulgate rules and regulations pertaining to the production and sale of ready-to-drink cocktails.
Source
Laws 2021, LB274, § 7.