State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-118

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. SourceLaws 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. AnnotationsIn 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).