State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-123_11

53-123.11. Farm winery license; rights oflicensee; removal of unsealed bottle of wine; conditions.(1)A farm winery license shall entitle the holder to:(a) Sell wines produced at the farm winery onsite at wholesale and retailand to sell wines produced at the farm winery at off-premises sites holdingthe appropriate retail license;(b) Sell wines produced at the farm winery at retail for consumptionon the premises;(c)(i) Permit a customer to remove one unsealed bottle of wine for consumptionoff the premises. The licensee or his or her agent shall (A) securely resealsuch bottle and place the bottle in a bag designed so that it is visibly apparentthat the resealed bottle of wine has not been opened or tampered with and(B) provide a dated receipt to the customer and attach to such bag a copyof the dated receipt for the resealed bottle of wine.(ii) If the resealed bottle of wine is transported in a motor vehicle,it must be placed in the trunk of the motor vehicle or the area behind thelast upright seat of such motor vehicle if the area is not normally occupiedby the driver or a passenger and the motor vehicle is not equipped with atrunk;(d) Ship wines produced at the farm winery by common carrier and soldat retail to recipients in and outside the State of Nebraska, if the outputof such farm winery for each calendar year as reported to the commission byDecember 31 of each year does not exceed thirty thousand gallons. In the eventsuch amount exceeds thirty thousand gallons, the farm winery shall be requiredto use a licensed wholesaler to distribute its wines for the following calendaryear, except that this requirement shall not apply to wines produced and soldonsite at the farm winery pursuant to subdivision (1)(a) of this section;(e) Allow sampling of the wine at the farm winery and at one branchoutlet in the state in reasonable amounts;(f) Sell wines produced at the farm winery to other Nebraska farm winerylicensees, in bulk, bottled, labeled, or unlabeled, in accordance with 27C.F.R. 24.308, 27 C.F.R. 24.309, and 27 C.F.R. 24.314, as such regulationsexisted on January 1, 2008;(g) Purchase distilled spirits from licensed microdistilleries in Nebraska,in bulk or bottled, made entirely from Nebraska-licensed farm winery wineto be used in the production of fortified wine at the purchasing licensedfarm winery; and(h) Store and warehouseproducts produced at the farm winery in a designated, secure, offsite storagefacility if the holder of the farm winery license notifies the commissionof the location of the facility and maintains, at the farm winery and at thefacility, a separate perpetual inventory of the product stored at the facility.Consumption of alcoholic liquor at the facility is strictly prohibited.(2) No farm winery shall manufacture wine in excess of fifty thousandgallons per year.(3) A holder of a farm winery license may obtain a special designatedlicense pursuant to section 53-124.11.(4) A holder of a farm winery license may obtain an annual cateringlicense pursuant to section 53-124.12. SourceLaws 1985, LB 279, § 5; Laws 1991, LB 344, § 23; Laws 1997, LB 479, § 1; Laws 2003, LB 536, § 3; Laws 2006, LB 562, § 3; Laws 2008, LB1103, § 2; Laws 2010, LB861, § 52.