State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-179

53-179. Sale or dispensingof alcoholic liquor; forbidden during certain hours; exceptions; alcoholicliquor in open containers; unlawful after hours.(1)No alcoholic liquor, including beer, shall be sold at retail or dispensedon any day between the hours of 1 a.m. and 6 a.m., except that the local governing body of any city or villagewith respect to area inside the corporate limits of such city or village,or the county board with respect to area outside the corporate limits of anycity or village, may by ordinance or resolution (a) require closing prior to 1 a.m. on any day or (b) if adopted by a vote of at leasttwo-thirds of the members of such local governing body or county board, permitretail sale or dispensing of alcoholic liquor for consumption on the premises,excluding sales for consumption off the premises, later than 1 a.m. and priorto 2 a.m. on any day.(2) Except as provided for and allowed by ordinance of a localgoverning body applicable to area inside the corporate limits of a city orvillage or by resolution of a county board applicable to area inside suchcounty and outside the corporate limits of any city or village, no alcoholicliquor, including beer, shall be sold at retail or dispensed between the hoursof 6 a.m. Sunday and 1 a.m. Monday. No ordinance or resolution allowed bythis subsection shall permit alcoholic liquor, other than beer and wine, tobe sold at retail or dispensed between the hours of 6 a.m. Sunday and 12 noonSunday. This subsection shall not apply after 12 noon on Sunday to a licenseewhich is a nonprofit corporation and the holder of a Class C license or aClass I license.(3) It shall be unlawful on property licensed to sell alcoholicliquor at retail to allow alcoholic liquor in open containers to remain orbe in possession or control of any person for purposes of consumption betweenthe hours of fifteen minutes after the closing hourapplicable to the licensed premises and 6 a.m. on any day.(4) Nothing in this section shall prohibit licensed premisesfrom being open for other business on days and hours during which the saleor dispensing of alcoholic liquor is prohibited by this section. SourceLaws 1935, c. 116, § 37, p. 399; Laws 1941, c. 107, § 1, p. 429; C.S.Supp.,1941, § 53-337; R.S.1943, § 53-179; Laws 1955, c. 202, § 2, p. 579; Laws 1957, c. 232, § 1, p. 791; Laws 1963, c. 310, § 12, p. 934; Laws 1963, Spec. Sess., c. 5, § 4, p. 82; Laws 1965, c. 318, § 10, p. 900; Laws 1967, c. 336, § 2, p. 902; Laws 1974, LB 681, § 7; Laws 1976, LB 204, § 6; Laws 1978, LB 386, § 8; Laws 1979, LB 514, § 1; Laws 1981, LB 217, § 1; Laws 1983, LB 213, § 19; Laws 1991, LB 354, § 1; Laws 1991, LB 344, § 61; Laws 2004, LB 485, § 29; Laws 2010, LB861, § 77.AnnotationsAmendment to this section, made by Chapter 5, Seventy-fourth Extraordinary Session of the Legislature, 1963, was unconstitutional because not within the Governor's call. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).There are no restrictions imposed by this section on the right of the Liquor Control Commission to determine the permissible hours for sale of beer outside the corporate limits of cities and villages. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).