reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LIBRARY COMMISSION › Title 236 - NEBRASKA LIBRARY COMMISSION › Chapter 2 - PROGRAMS AND OPERATIONS › Section 236-2-006 - Nebraska Publications Clearinghouse

Current through June 17, 2024
0006.01
Depositories of Nebraska State Government
				Publications
.
006.01A
				Eligibility for designation as a depository. A library shall be eligible for
				designation as a depository if it is:
006.01A1
				A public library in a city of 10,000 or greater population, or public library
				whose service area includes 10,000 or more persons, provided that its
				appointment would not increase the depository/population ratio to more than one
				per50,000 in the county, Standard Metropolitan Statistical Area, or state.
or
006.01A2 A library other than a public
				library in a city of 10,000 or greater population, provided that its
				appointment would not increase the depository/population ratio to more than one
				per 50,000 persons in the county, SMSA, or state.
or
006.01A3 A state college or university
				library provided that its appointment would not increase the
				depository/population ratio to more than one per 50,000 persons in the county,
				SMSA, or state.
or
006.01A4 A library so located that within a
				50-mile radius no other depository exists, provided that its appointment would
				not increase the depository/population ratio to more than one per 50,000
				persons in the county, SMSA, or state.
or
006.01A5 A library that is a designated
				federal documents depository.
Nebraska Administrative Code › Topic - LIBRARY COMMISSION › Title 236 - NEBRASKA LIBRARY COMMISSION › Chapter 2 - PROGRAMS AND OPERATIONS › Section 236-2-008 - Financial Aid Programs

Current through June 17, 2024
008.01
Federal Library Program Administration
.
Funds allocated to Nebraska from federal library programs
				  shall be administered in compliance with the federal regulations pertaining to
				  each title of each program.
008.01A
				Planning Requirements. The Long Range Plan and the Annual program plan required
				by the Library Services and Construction Act shall be prepared with the advice
				of the State Advisory Council on Libraries and reviewed at a public hearing.
				Policies, procedures and criteria for management and distribution of grant
				funds shall be set forth in the planning documents.
008.01B Extension of federal regulations.
				Rules and regulations promulgated as part of the Library Services and
				Construction Act shall be applicable to Commission programs which are funded
				wholly, or in part, from federal sources.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-001 - PUBLIC MEETINGS

Current through June 17, 2024
001.01 Public
				meetings of the Nebraska Liquor Control Commission shall be held at its
				headquarters office, located at 301 Centennial Mall, South, Lincoln, Nebraska,
				as noticed by the Commission unless otherwise ordered by the
				Commission.
001.02 Notice of the
				time and date of public meetings, along with an agenda of the subject matters
				to be considered at each public meeting shall be posted by the Executive
				Director of the Commission at headquarters office for the purpose of public
				notice, inspection and review at least three days prior to the each meeting of
				the Commission provided, at least two of the three days shall be days in which
				the headquarters office is open for general business, and provided further,
				when it is necessary to hold an emergency meeting without reasonable advance
				public notice the nature of the emergency shall be stated in the minutes and
				any formal action taken at such meeting shall pertain only to the
				emergency.
001.03 Public
				presentation(s) before the Commission at a public meeting shall be allowed at
				the start of a scheduled meeting with the following provisions:
001.03A Any written materials presented to
				the Commission shall be done so by submitting four copies thereof to the
				Executive Director who shall distribute a copy to each commissioner;
001.03B The Commission may limit the length
				of time for public presentations; and may limit the content of any public
				presentation to matters of policy rule and or regulation, and not matters
				regarding specific contested cases, current litigation or third party
				petitions.
001.03C In the interest
				of Commission review regarding any subject matter before it in a public
				meeting, the Commission may waive the provisions set out hereinabove
				established by this paragraph.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-002 - CONTESTED CASES

Current through June 17, 2024
002.01 Notices of
				formal hearings conducted under the provisions of the Nebraska Liquor Control
				Act and the Rules and Regulations of the Nebraska Liquor Control Commission
				shall contain the following:
002.01A The date
				and time of the hearing;
002.01B
				The place of the hearing;
002.01C
				The nature of the proceeding; and
002.01D The issues involved, if they can be
				fully stated at the time. If the issues cannot be fully stated at the time of
				the notice, and amended notice containing the issues involved shall be issued
				as soon as the issues can be fully stated.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-003 - PROMULGATION, AMENDMENT OR REPEAL OF RULES: DECLARATORY RULINGS

Current through June 17, 2024
003.01 Any
				interested person may petition the Commission requesting the promulgation,
				amendment or repeal of any rule of the Nebraska Liquor Control Commission. The
				form for such petition or procedure for the submission, consideration or
				disposition of such petition shall be as set forth and provided for by 237-LCC
				1-004.
003.02 Any interested person may petition the
				Commission to issue a declaratory ruling with respect to the applicability to
				any person, property or state of facts or any rule or statute enforceable by
				the Commission. The form for such petition or procedure for the submission,
				consideration or disposition of such petition shall be set forth and provided
				for by 237-LCC
				1-004. A declaratory ruling, if issued
				after argument and stated to be binding upon the petitioner or the Commission
				by the Nebraska Liquor Control Commission shall remain binding unless it is
				altered or set aside by a court.
003.03 Submission of petitions as allowed for
				by 237-LCC
				1-004 shall be made to the Nebraska
				Liquor Control Commission in duplicate. The Commission shall offer
				consideration of any petition submitted as set forth hereinabove within a
				reasonable amount of time at a public meeting or by hearing before the
				Commission. After consideration of any petition received by the Commission as
				set forth hereinabove, the Commission shall dispose of the same by proper order
				of the Commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-005 - FAILURE TO COMPLY WITH ORDER OF COMMISSION

Current through June 17, 2024
005.01 Willful
				failure or refusal by a licensee to comply with a specific written order of the
				Commission, which has been made by the Commission, in the enforcement of the
				laws of Nebraska or rules of the Commission, shall be grounds for suspension,
				cancellation or revocation of said license after formal public
				hearing.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-006 - MANDATORY MEETING

Current through June 17, 2024
006.01 The
				Commission may order any licensee to appear before it to discuss in an informal
				matter any issue involving that licensee which is of concern to the Commission.
				Failure to comply with an order requiring a licensee to appear before the
				Commission may result in an action for failure to comply with an order of the
				Commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-007 - PENALTY IN ABEYANCE

Current through June 17, 2024
007.01 It is the
				intent of the Nebraska Liquor Control Commission to provide assistance to
				liquor licensees in obtaining guidance for good management skills and styles,
				to facilitate operating their businesses within the guidelines established by
				the Nebraska State Statutes and Liquor Control Commission's rules.
007.02 The "Penalty In Abeyance" allows the
				Liquor Control Commission to delay a penalty for a violation (in abeyance) for
				a period of time. This period of time allows the Commission to scrutinize the
				management, premises, and training of employees of the licensee. The Commission
				may determine, through this process, that a lesser penalty is warranted for the
				violation.
007.03 During the period
				the penalty is held in abeyance, the licensee may be required to follow certain
				guidelines. Some corrective actions may be required to improve management
				styles, including employee training. This period of time will allow the
				Commission to exercise its "broad powers" to improve professional liquor
				dispensing in licensed establishments in Nebraska.
007.04 Should the Commission elect to require
				a licensee or employees to receive server training during the period of
				abeyance, the course shall be one approved by the education review committee as
				appointed by the Commission.
007.05
				Should the Commission require the licensee to report to a designee during the
				period of abeyance, the designee may be an employee of the Liquor Control
				Commission, an officer of the Nebraska State Patrol or other enforcement
				agency, or other local authority selected by the Commission.
007.06 The "penalty in abeyance" process
				would follow these steps:
007.06A On the day
				of hearing:
007.06A1 Liquor Control
				Commission finds licensee guilty of violation.
007.06A2 Penalty is placed in abeyance for a
				period of 12 months (or other appropriate time period).
007.06A3 "Preconditions of sanction" are
				explained and written copy furnished to licensee.
007.06A4 Entry is made on licensee's record
				that there is a penalty in abeyance.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-008 - PENALTY FOR LATE FEES

Current through June 17, 2024
008.01 Every
				licensee shall pay all fees required under the Liquor Control Act in a timely
				manner. The failure to pay a requisite fee by the date prescribed by law and
				regulation may result in the suspension, cancellation or revocation of the
				license held, after a formal hearing before the Commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 1 - PRACTICE AND PROCEDURE › Section 237-1-010 - CLOSING TIME ORDINANCES/RESOLUTIONS

Current through June 17, 2024
010.01 In the event
				of a 2 am closing time, clerks shall notify the Commission in writing and
				attach a copy of the ordinance or resolution.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-001 - GENERAL REQUIREMENTS

Current through June 17, 2024
001.01 The licensee shall, at all times, be responsible for the licensed premises and for the control, sale and dispensing of alcoholic liquors permitted by the license. Only the licensee may receive the proceeds resulting from the sale or dispensing of alcoholic liquor except (a) a manager may receive a percentage of gross or net sales as employment compensation, (b) a landlord may receive a percentage of gross sales as rent, (c) the franchisor may receive a percentage of gross sales as a franchise fee and (d) except whereas otherwise provided by the provisions of the Nebraska Liquor Control Act.
001.02 In cases wherein the Commission has fixed certain requirements and prescribed certain conditions upon which a license is granted or is permitted to continue in full force and effect by order of the Commission, whether such requirements or conditions are imposed at a formal hearing, by a written notice or in a written stipulation, such requirements or conditions shall be deemed a part of the license issued by the Commission as though actually endorsed thereon; and any violation or breach of any such requirements or conditions is prohibited.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-002 - PARTNERSHIP WHEN BUSINESS OPERATED ON PERCENTAGE OR SHARE BASIS

Current through June 17, 2024
002.01 Any license covering premises financed or operated on a percentage or share of the business basis will be considered a partnership between the parties involved insofar as the rights and duties of the licensee of record under his license are concerned.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-003 - TRANSFER OF STOCK OF TERMINATED LICENSE

Current through June 17, 2024
003.01 When a licensee has discontinued business under his license and his license has been terminated, he may apply in writing to the Commission for permission to transfer his stock of alcoholic liquors to another qualified licensee. He shall furnish the Commission with an inventory of the liquors contemplated in such transfer.
003.02 The licensee who desires to purchase such stock of liquor shall also apply in writing to the Commission for permission to make such purchase and he shall report to the Commission in writing the quantity, brands, and types of such liquor purchased and the address to which it was actually delivered after the purchase.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-004 - TEMPORARY OPERATING PERMITS

Current through June 17, 2024
004.01 Someone other than a licensee may operate a business holding a liquor license if all of the following criteria are met:
004.01A A formal application for a new license must be on file with the Commission.
004.01B A request for a temporary operating permit must be filed with the application.
004.01C Temporary operating permits may not exceed 90 days in total duration.
004.01D If the sale of the business fails to occur, the previous licensee can be reinstated during the pendency of the temporary operating permit upon request of the previous license holder.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-005 - LICENSE APPLICATION REQUIREMENTS

Current through June 17, 2024
005.01 A person applying for a license of any kind, except those issued under Neb. Rev. Stat. 53-124.11, shall file with their license application (1) birth certificate, naturalization papers, permanent resident card, or employment authorization card proving the ability to legally work in the State of Nebraska, and (2) the required fingerprints card(s) and fee(s). Fingerprints filed with the Nebraska Liquor Control Commission within the past two years of the filing of the application shall meet this requirement.
005.01A For corporations, fingerprints are required of the Chief Executive Officer, the manager, or any stockholder owning in the aggregate more than twenty-five percent of the stock of such corporation. For nonprofit corporations and governmental subdivision, this shall only mean the manager. [No citizenship or residency requirements per Sec.  53-125(9)]
005.01B Fingerprints of spouses, including those ineligible to hold a license, will not be required upon receipt of a signed affidavit of no interest, upon the form provided by the Nebraska Liquor Control Commission.
005.01C For corporations owning shares in the applicant's corporation, the Chief Executive officer and/or President and any shareholder owning in the aggregate more than twenty-five percent of the stock of the corporation shall file an affidavit on a form supplied by the Commission stating that they are eligible to hold a license under the Nebraska Liquor Control Act.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-006 - RESIDENCY REQUIREMENTS

Current through June 17, 2024
006.01 Any licensee, required to be a state resident must be a registered voter in Nebraska and must, if a vehicle is owned, have at least one such owned vehicle registered in Nebraska.
006.02 Additionally, all licensees are required to do any two of the following:
006.02A Own or rent property in Nebraska;
006.02B Have a mailing address in Nebraska;
006.02C Actually reside in Nebraska;
006.02D Use a Nebraska address on tax returns.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-008 - TRADE NAME

Current through June 17, 2024
008.01 The Liquor Control Commission shall be notified in writing of any change in an operating trade name (DBA). Notification shall be made by licensee within thirty (30) days of change.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-009 - MANAGER APPLICATION

Current through June 17, 2024
009.01 Upon departure, death or termination of a manager, a licensed corporation shall file an application with the Liquor Control Commission for a new manager within sixty (60) days. Should the corporation be unable to establish a manager within sixty (60) days, the corporation may apply for a hardship.
009.01a
Corporation Manager Hardship.
The Manager Hardship, if approved will allow for continuous operation of the license without a manager in place for a period of time determined by the Commission staff at the time of hardship application.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-010 - FALSIFICATION OF APPLICATION

Current through June 17, 2024
010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, employees, or agents as defined in Neb. Rev. Stat. 53-117(3). Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 2 - GENERAL REQUIREMENTS FOR LICENSEES › Section 237-2-011 - FALSIFICATION OF INFORMATION

Current through June 17, 2024
011.01 No licensee or partner, principal, agent or employee of any licensee shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, employees or agents as defined in Neb. Rev. Stat. 53-117(3). Any violation of this provision may result in suspension, cancellation or revocation of such license.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 4 - STORAGE AND TRANSPORTATION OF ALCOHOLIC LIQUORS › Section 237-4-001 - STORAGE OF LIQUOR BY RETAIL LICENSEE

Current through June 17, 2024
001.01 All liquors
				shall be stored and maintained in the licensed premises of the licensee in a
				safe manner, and no such liquors shall be stored in any other place than the
				licensed premises except after application submitted in writing to the
				commission by said licensee and receipt by said licensee of written authority
				from the commission.
001.02
				Officers of the Nebraska State Patrol or agents of the Commission may grant
				temporary permission for storage of any liquors off the licensed premises, upon
				notification to the commission staff of such temporary permission as soon as
				practical. An application submitted in writing for storage off the licensed
				premises shall be submitted to the commission by said licensee as soon as
				possible.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 4 - STORAGE AND TRANSPORTATION OF ALCOHOLIC LIQUORS › Section 237-4-002 - TRANSPORTATION OF LIQUOR BY RETAIL LICENSEES

Current through June 17, 2024
002.01 A retail
				licensee shall not permit the transportation of alcoholic liquor from his
				licensed premises for storage purposes in any manner, for any purpose, or to
				any location other than has been expressly authorized in writing by the
				commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 5 - LABELS AND CONTAINERS › Section 237-5-001 - LABELS

Current through June 17, 2024
001.01 Labels
				attached to all original containers or packages of alcoholic liquor offered for
				sale in this state shall set forth in plain and legible print in the English
				language:
001.01A The quantity of such
				liquors in such original containers;
001.01B The grade and quality of such liquors
				together with their alcoholic content (except beer);
001.01C The age of such liquor (except beer
				and wine) if required by federal regulations;
001.01D If the liquor be a blended product,
				the labels shall include the other ingredients contained in such blended
				product.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 5 - LABELS AND CONTAINERS › Section 237-5-002 - CONTAINERS

Current through June 17, 2024
002.01 All original
				containers with alcoholic liquors, sold or offered for sale in this State,
				shall be constructed of such material and be in such form as has been generally
				found and recognized by State and Federal Enforcement Officers to be safe,
				sanitary and in no manner prejudicial to the health and interest of the
				public.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-001 - Signs

Current through June 17, 2024
001.01 The Nebraska
				Liquor Control Act, Chapter 53, Section 118, establishes in the commission, the
				power to promulgate a Rule or Regulation establishing standards of honest
				advertising and representation.
001.02 Signs and advertisements shall not
				contain:
001.02A Any statement, illustration,
				design, device or representation that is false or misleading;
001.02B Any statement, illustration, design,
				device or representation which is obscene or indecent or which is obnoxious or
				offensive to the commonly and generally accepted standards of fitness and good
				taste;
001.02C Any statement of, or
				reference to, a price of an alcoholic liquor which is deceptive or misleading
				or tends to deceive or mislead;
001.02D Any illustration which is not
				dignified, modest and in good taste;
001.02E Any scene which promotes the sale of
				alcoholic liquors, including beer, to minors in which is portrayed a child or
				objects suggestive of the presence of a child or in any manner portrays the
				likeness of a child or contains the use of figures or symbols which are
				traditionally associated with children;
001.02F Any statement, design, device or
				representation relating to any refund, exchange, or money-back guarantee,
				irrespective of truth or falsity;
001.02G Any reference by name or other
				identification to any other licensed retailers; or
001.02H Any statement, design, device, or
				representation which the Nebraska Liquor Control Commission finds to be likely
				to mislead the consumer.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-002 - SAMPLING/TASTING

Current through June 17, 2024
002.01 Sampling
002.01A Retailers and their employees may
				sample limited quantities of beer, wine or spirits furnished or dispensed by a
				manufacturer or wholesaler whether the license permits consumption on or off
				the licensed premises. ( 53-123.02 )
002.01B Conditions
002.01B1 sampling may also be done on the
				premises of a licensed wholesaler by a licensed retailer ( 53-123.02, 53-123.03
				),
002.01B2 consumption shall not
				exceed more than five samples of one fluid ounce or less of alcoholic liquor by
				the same person in a twenty- four hour period (
				53-103(37)),
002.01B3 no samples may be given unless all
				taxes, including the Nebraska Excise Tax, have been paid,
002.01B4 no samples should be shipped or
				brought into the State of Nebraska except directly to the Nebraska
				Wholesalers.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-003 - KEG REGISTRATION REQUIREMENTS

Current through June 17, 2024
003.01 Where the
				purchaser obtains more than one keg for off-premises consumption at the same
				location and on the same date, only one keg registration declaration and
				receipt form must contain all required information. All other keg registration
				declaration and receipt forms for that particular transaction must contain the
				registration number from the fully completed form as a reference and be signed
				by the purchaser. Such keg registration declaration and receipt forms which
				contain the reference number of a fully completed form and have been signed by
				the purchaser constitute a valid and properly completed registration and
				declaration receipt.
003.02 The keg
				registration label must be placed on the upper one-third of the keg.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-010 - ALCOHOLIC BEVERAGE PRODUCTS/PASS THROUGH WHOLESALE LICENSED PREMISE

Current through June 17, 2024
010.01 In order to
				accurately collect the taxes imposed by Neb. Rev. Stat. 53-160 through
				53-164.02 and facilitate compliance with Nebraska law, all alcoholic beverages
				manufactured out of this State that have been purchased for resale in this
				State shall prior to being resold at retail, physically come into the
				possession of a licensed wholesaler and be unloaded into and distributed from
				the licensed wholesaler's warehouse in this State.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-011 - BEER DELIVERY AND TAX COLLECTION

Current through June 17, 2024
011.01 The excise
				tax imposed by Nebraska Revised Statute
				53-160
				shall be collected by and accounted to the Commission as set forth in
				011.01A,
				011.01B, and
				011.01C.
011.01A For all beer produced by a
				manufacturer or craft brewery licensee and consumed or sold at retail on such
				licensee's licensed premises, the tax on beer shall be determined at the time
				of its removal for consumption or retail sale at the licensee's licensed
				premises, and shall be paid by the manufacturer or craft brewery.
011.01B For all beer produced by a
				manufacturer or craft brewery licensee located in Nebraska for intrastate
				retail sale in Nebraska off of such licensee's licensed premises or Satellite
				locations, such beer shall, prior to being resold at retail, be sold to, and
				come into the physical possession of a wholesale licensee and be unloaded into
				and distributed from either the licensed wholesaler's warehouse or vehicles in
				the State and the tax on such beer shall be determined at the time of its
				removal from the licensed premises and shall be paid by the manufacturer or
				craft brewery licensee. The transfer shall be documented by an executed bill of
				lading.
011.01C For all beer sold
				to a wholesale licensee from the holder of a shipper's license the tax is due
				upon the beers delivery to a license wholesaler, and such beer must come into
				the physical possession of a wholesale licensee and distributed from the
				wholesale licensee's warehouse. The transfer from the shipper's licensee to the
				wholesale licensee shall be documented by an executed bill of lading.
011.01D Any purchases, sales, practices, or
				transactions entered into between any manufacturer, craft brewery, wholesaler,
				or retailer, with the intent to circumvent or evade the provisions of this
				regulation shall be considered in violation thereof and shall be subject to
				citation and possible administrative sanction to include suspension,
				cancellation or revocation.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-012 - DOCK SALES

Current through June 17, 2024
012.01 Any sale of
				alcoholic liquors from the dock or licensed premise of a manufacturer,
				distributor, or wholesaler shall include on the proper invoice the signature of
				the retailer or retailer's agent who receives delivery of the same at the time
				of the purchase. It shall be the responsibility of the manufacturer,
				distributor, or wholesaler to ensure that the retailer is properly licensed and
				that the retailer's agent is bona fide and acting solely on behalf of the
				authorizing retailer.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-015 - ACCEPTABLE FORMS OF PAYMENT

Current through June 17, 2024
015.01B If the
				business is under a temporary operating permit, the new operator shall submit a
				check with the name of the business. Same criteria as 015.01.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-016 - TRADE PRACTICE POLICIES

Current through June 17, 2024
A wholesale licensee, shipper licensee, manufacturer
				  licensee, and craft brewery licensee, (collectively referred to as an "industry
				  member") may furnish a retail licensee, with equipment, supplies, services, or
				  other things of value, under conditions and within the limitations
				  prescribed.
016.01 PRODUCT DISPLAYS
016.01A GENERAL
016.01A1 The act by industry member of giving
				or selling product displays to a retailer is allowed provided that the
				conditions and limitations prescribed in
				016.01C of the
				rule are met.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-017 - EMPLOYMENT OF MINORS

Current through June 17, 2024
017.01 Age 16 -
				Upon reaching 16 -
017.01A. An employee may
				stock inventory, sack and carry out alcoholic liquor from licensed
				establishments, although she/he must be accompanied by a person 21 years of age
				or over. (Can be the purchaser.) ( 53-168.06 )
017.01A1 A grocery pick-up lane is considered
				a carry-out function.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-018 - CREDIT: WHOLESALER/RETAILER

Current through June 17, 2024
018.01 Pursuant to
				the authority granted in the Liquor Control Act and to meet the requirements
				contained in Regulations No. 122 (originally issued as FFA Regulation No. 8)
				issued by the Bureau of Internal Revenue of the United States Treasury
				Department, the Nebraska Liquor Control Commission hereby adopts the following
				rule:
018.01A No person, partnership, firm or
				corporation holding a retailer's license under the Nebraska Liquor Control Act
				shall accept or receive credit from any manufacturer, distributor or wholesaler
				on purchases of beer and no retailer shall accept or receive credit from any
				manufacturer, distributor or wholesaler on purchases of alcoholic liquors,
				except beer, for a period exceeding 30 days from the date of delivery of any
				such merchandise.
018.01B No
				manufacturer, distributor or wholesaler shall extend credit to any such
				retailer on sales of beer and no manufacturer, distributor or wholesaler shall
				extend credit to any such retailer on sales of alcoholic liquors, excluding
				beer, for a period exceeding 30 days from the date of delivery of any such
				merchandise.
018.01C No retailer
				shall purchase, accept or receive any alcoholic liquors, including beer, from
				any manufacturer, distributor or wholesaler if such retailer is delinquent on
				any account for alcoholic liquors, including beer, to any manufacturer,
				distributor or wholesaler.
018.01D
				No manufacturer, distributor or wholesaler shall sell or otherwise furnish any
				such alcoholic liquors, including beer, to any retail licensee who is
				delinquent on any account to any other manufacturer, distributor or wholesaler,
				providing that such delinquency is known to such manufacturer, distributor or
				wholesaler.
018.01E Every
				manufacturer, distributor, wholesaler and retailer shall report to the
				commission such information concerning the extending or receiving of credit on
				such forms as the commission may hereafter prescribe and at such times as the
				commission shall hereafter determine. Such reports shall be by affidavit and
				sworn to by all licensees.
018.01F
				Any purchases, sales, practices or transactions entered into between any
				manufacturer, distributor or wholesaler and any retailer, with the intent to
				circumvent or evade the provisions of this regulation, shall be considered as a
				violation thereof.
018.01G Beer
				wholesalers shall be permitted to give retailers quantity discounts on volume
				purchases but such discounts shall be calculated on the basis of sales made to
				each licensee. Individual retail licensees or licensees holding more than one
				retail license shall not be permitted to combine purchases for purposes of
				obtaining such quantity discounts.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 6 - LICENSEE OPERATIONS › Section 237-6-019 - ILLEGAL CONDUCT: ALL LICENSEES

Current through June 17, 2024
019.01P2 A retail
				licensee and or a holder of a shipping license may deliver or cause to be
				delivered by its agent, delivery service or common carrier to a consumer
				alcoholic beverages provided that the consumer has paid the licensee for the
				alcoholic liquors prior to delivery by cash, credit or debit card, and that the
				licensee has verified that the sale has not been made to a minor, nor that
				delivery will be made to a minor. Any package to be delivered by a delivery
				service or common carrier for the holder of a shipping license shall have a
				label stating "adult signature required" measuring at least three by five
				inches in size placed on the package by the licensee.
019.01W SPECIAL DESIGNATED PERMIT/DELIVERY
				AND RETURN OF ALCOHOLIC BEVERAGES
019.01W1
				Delivery and return of alcoholic beverages must be made within seven (7)
				working days prior and subsequent to the date of the event.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 7 - PERMITTEES REPORTS/RECORD RETENTION › Section 237-7-001 - Permittee Reports

Current through June 17, 2024
001.01 All
				licensees and permittees, including Nebraska Breweries, who are required to
				file reports and pay taxes which may become due upon beer by operation of Sec.
				53-161,
				Neb. R.S., as amended, who shall fail to submit reports required by said Sec.
				53-161,
				Neb. R.S., as amended, and pay taxes due thereunder at the time and in the
				manner therein required, shall be subject to immediate suspension by written
				order of the Nebraska Liquor Control Commission of all permits, licenses and
				authority to do business in the State of Nebraska, as provided in the Nebraska
				Liquor Control Act, in the event said reports and taxes are not paid within ten
				(10) days after the date set forth in said Sec.
				53-161,
				as amended.
001.02 The commission
				may issue such a suspension order without written prior notice or formal public
				hearing, such suspension shall become effective upon the date notice of same is
				received in writing by certified or registered mail, and, provided further,
				that in the event such licensee or permittee shall later comply with the
				requirements of the Nebraska Liquor Control Act, the commission may remove such
				order of suspension without prior notice or formal public hearing, said removal
				shall become effective by the same manner as the original order.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 8 - STATE INSTITUTIONS › Section 237-8-001 - Alcohol to State Institutions

Current through June 17, 2024
001.01 By reason of
				Section 2 of Article VIII of the Constitution of Nebraska, State Institutions
				under the jurisdiction of the Board of Control of the State of Nebraska or
				other Departments of the State, may purchase alcohol from manufacturers and/or
				distributors duly licensed in this state, and possess and use the same for
				non-beverage purposes only in such institutions, without having first obtained
				a nonbeverage user's license or any other license or permit; and that sale and
				delivery of alcohol direct to such state institutions, created by Statute, may
				be made by such manufacturers and/or distributors, provided they keep such
				records and accounts thereof as are provided by law in the case of sale or
				delivery of alcohol to licensed nonbeverage users.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-001 - Waiver of 60%/40%

Current through June 17, 2024
001.01 The Commission may grant an exemption under 53-123.13 for a natural disaster only.
001.02 Agricultural product under 53-103(32) shall mean any grapes, fruit, berries or honey whether in whole cluster, whole berry, crushed, uncrushed or pressed to juice form, liquid or frozen, as long as the product has not been altered or added to in any way (other than skin removal). "Agricultural product" shall not mean any product that already contains alcohol, produced from outside this state.
001.03 The 60% limitation will be calculated based on the number of gallons of finished wine produced from Agricultural Products grown in this state. The remaining 40% will be based on the number of gallons of finished wine produced from Agricultural Products imported from outside the state. The licensee may import an agriculture product from outside the state of Nebraska during a calendar year in an amount needed to produce a quantity of finished wine not exceeding 40% of the finished wine produced by the licensee from the same Nebraska-grown agricultural product during the prior calendar year.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-003 - Record Keeping/Documentation

Current through June 17, 2024
003.01 Production records/documentation shall be kept on each product to include the amounts and type of raw material used, source of raw materials and amount produced. These records shall be maintained for a period of not less than three years and open to audit/inspection by any agent or employee of the Nebraska Liquor Control Commission.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-004 - Branch Outlet/Sampling

Current through June 17, 2024
004.01 A farm winery desiring the branch outlet allowed for sampling in 53-123.11(d) need not apply for a separate license but shall seek prior approval of the location from the Commission and the local governing body.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-005 - Place of Fermentation

Current through June 17, 2024
005.01 The fermentation of Agricultural Products shall take place on the licensed premises. This does not include any natural fermentation of product being shipped into the farm winery under 001.03.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-006 - Satellite Locations

Current through June 17, 2024
Craft Breweries, a holder of a Class L Craft Brewery liquor license under Neb. Rev. Stat. 53-123.14, a holder of a manufacturing license under Neb. Rev. Stat. 53-123.01(2), a holder of a Class Z Micro Distillery license under Neb. Rev. Stat. 53-123.16, and a holder of a Class Y Farm Winery License under Neb. Rev. Stat. 53-123.11, may hold additional retail licensed locations as authorized by Neb. Rev. Stat. 53-123.14 and 53-123.01(2), hereinafter called Satellite Locations. A Satellite Location must be licensed for the sale of alcohol at retail and conform to all other requirements for a retail license. To qualify as a Satellite Location, it must be wholly owned in common by the holder of the Class L brewery license under Neb. Rev. Stat. 53-123.14, the holder of the manufacturing license under Neb. Rev. Stat. 53-123.01(2), the holder of a Class Z Micro Distillery license under Neb. Rev. Stat. 53-123.16, or a holder of a Class Y Farm Winery License under Neb. Rev. Stat 53-123.11. Such Class L brewery licensee under Neb. Rev. Stat. 53-123.14, manufacturing licensee under Neb. Rev. Stat. 53-123.01(2), Class Z Micro Distillery license under Neb. Rev. Stat. 53- 123.16, or Farm Winery License under Neb-Rev. Stat. 53-123.11 may transfer product produced at the licensed brewery to its Satellite Locations without the use of a Nebraska Wholesaler. However, proper documentation of all quantities of transfers shall be maintained by such Class L brewery licensee under Neb. Rev. Stat. 53-123.14, manufacturing licensee under Neb. Rev. Stat. 53-123.01(2), Class Z Micro Distillery license. under Neb. Rev. Stat. 53-123.16 or Farm Winery License under Neb. Rev. Stat. 53-123.11. Any sale to any licensed retailer other than a Satellite Location must be accomplished through a Nebraska Wholesaler.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-007 - Farm Winery/Craft Brewery/Micro Distillery Off - Site Storage Facility

Current through June 17, 2024
007.01 A farm winery, craft brewery, and micro distillery licensee desiring an off-site storage facility shall seek prior approval from the Commission. The written request must include but not limited to the following:
a) Address of the proposed facility;
b) Dimensions of the facility;
c) Security measures in place.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 13 - FARM WINERIES › Section 237-13-008 - Distribution

Current through June 17, 2024
008.01 Farm wineries. Craft breweries, and Micro distilleries may wholesale to licensed retailers on and off site.
008.02 Farm wineries. Craft breweries, and Micro distilleries may ship by common carrier to licensed wholesalers.
008.03
Farm Wineries
a) Farm Wineries may self-distribute wine if the overall production for the farm winery is less than 50,000 gallons per year.
b) Only distribute products produced onsite of the farm winery.
c) May not grant credit for sale of self-distributed product in excess of 30 days.
d) Dock sales are permitted.
e) Farm wineries with annual production not exceeding 30,000 gallons in the prior calendar year may also ship wines by common carrier to licensed retailers, and to consumers.
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 14 - MINIMUM STANDARDS FOR ALCOHOLIC SERVER TRAINING PROGRAMS › Section 237-14-001 - Minimum Standards for Alcohol Server Training Programs

Current through June 17, 2024
Certified alcohol server training courses, regardless of
				  delivery format, shall incorporate the following content:
001.01 Legal Information
001.01A Responsibilities of licensees and
				their employees as they pertain to selling alcohol
001.01B Penalties and consequences associated
				with irresponsible alcohol sale or service
001.01C Delineation of what constitutes
				reasonable efforts to ensure responsible alcohol sales
001.01D Proper ID Checking Techniques
				including but not limited to acceptable forms of ID, what to check on an ID,
				and underage warning signs
001.01E
				Documentation book and it's appropriate use
001.01F Nebraska specific information such as
				age to consume, legal BAC limit, legal hours of sale, illegal activities,
				liability laws and penalties
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 14 - MINIMUM STANDARDS FOR ALCOHOLIC SERVER TRAINING PROGRAMS › Section 237-14-002 - MANAGEMENT TRAINING PROGRAM

Current through June 17, 2024
002.01 Programs
				intended to be training for management and supervisory staff in shall contain
				the same content as a server training program and in addition shall contain:
002.01A Methods for conducting a risk
				assessment of their establishment
002.01B Developing policies and practices for
				responsible beverage service
002.01C Procedures specifying when to contact
				law enforcement
002.01D
				Recommendations for establishment of on going training for staff
Nebraska Administrative Code › Topic - LIQUOR CONTROL COMMISSION › Title 237 - Nebraska Liquor Control Commission › Chapter 14 - MINIMUM STANDARDS FOR ALCOHOLIC SERVER TRAINING PROGRAMS › Section 237-14-003 - APPLICATION TO BE A CERTIFIED PROGRAM

Current through June 17, 2024
003.01 Any program
				wishing to become certified shall submit to the Nebraska Liquor Control
				Commission the following:
a) A copy of all
				training materials to be used in the course.
b) A listing of all approved trainers of that
				program located within Nebraska.
c)
				An explanation of updating the program in a timely manner.
d) The methods used to become/removed as a
				trainer of the program.
e)
				Certificate of Completion that is issued for successful completion of the
				course.
Such applications shall be reviewed by the Commission's
				  Executive Director or his designee and the Nebraska State Patrol Coordinator
				  for Alcohol Compliance. If necessary, a hearing before the Executive Director
				  may be ordered to allow any questions or concerns of the Commission to be
				  addressed by the applicant.
If the course is found to be insufficient after review, the
				  applicant shall be informed of any deficiencies and allowed to revise its
				  proposal to comply.
If the application meets the minimum requirements of the
				  Commission the applicant shall be notified in writing by the
				  Commission.