State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-124

53-124. Licenses;types; classification; fees; where paid; license year.(1) At the time applicationis made to the commission for a license of any type, the applicant shall paythe fee provided in section 53-124.01 and, if the applicantis an individual, provide the applicant's social security number. The commission shall issue the types of licenses describedin this section.(2) There shall be anairline license, a boat license, and a railroad license. The commission shallcharge one dollar for each duplicate of an airline license or a railroad license.(3)(a) There shall bea manufacturer's license for alcohol and spirits, for beer, and for wine.The annual fee for a manufacturer's license for beer shall be based on thebarrel daily capacity as follows:(i) 1 to 100 barrel daily capacity,or any part thereof, tier one;(ii) 100 to 150 barrel daily capacity,tier two;(iii) 150 to 200 barrel daily capacity,tier three;(iv) 200 to 300 barrel daily capacity,tier four;(v) 300 to 400 barrel daily capacity,tier five;(vi) 400 to 500 barrel daily capacity,tier six;(vii) 500 barrel daily capacity, or more, tier seven.(b) For purposes of this subsection, daily capacity means the average daily barrel production forthe previous twelve months of manufacturing operation. If no such basis forcomparison exists, the manufacturing licensee shall pay in advance for thefirst year's operation a fee of five hundred dollars.(4) There shall be fiveclasses of nonbeverage users' licenses: Class 1, Class 2, Class 3, Class 4,and Class 5.(5)In lieu of a manufacturer's, a retailer's, or a wholesaler's license, thereshall be a license to operate issued for a craft brewery, a farm winery, ora microdistillery.(6)(a)There shall be five classes of retail licenses:(i) Class A: Beer only, for consumption on the premises;(ii) Class B: Beer only, for consumptionoff the premises, sales in the original packages only;(iii) Class C: Alcoholic liquor,for consumption on the premises and off the premises, sales in original packagesonly. If a Class C license is held by a nonprofit corporation,it shall be restricted to consumption on the premises only. A Class C licensemay have a sampling designation restricting consumption on the premises tosampling, but such designation shall not affect sales for consumption offthe premises under such license;(iv) Class D: Alcoholic liquor,including beer, for consumption off the premises, sales in the original packagesonly, except as provided in subsection (2) of section 53-123.04; and(v) Class I: Alcoholic liquor,for consumption on the premises.(b) All applicablelicense fees shall be paid by the applicant or licensee directly to the cityor village treasurer in the case of premises located inside the corporatelimits of a city or village and directly to the county treasurer in the caseof premises located outside the corporate limits of a city or village.(7) There shall be three types of shipping licensesas described in section 53-123.15: Manufacturers, vintage wines, and directsales.(8)There shall be two types of wholesale licenses: Alcoholic liquor and beeronly. The annual fee shall be paid for the first and each additional wholesaleplace of business operated in this state by the same licensee and wholesalingthe same product.(9) Thelicense year, unless otherwise provided in the Nebraska Liquor Control Act,shall commence on May 1 of each year and shall end on the following April30, except that the license year for a Class C license shall commence on November1 of each year and shall end on the following October 31. During the licenseyear, no license shall be issued for a sum less than the amount of the annuallicense fee as fixed in section 53-124.01, regardless of the time when the application for suchlicense has been made, except that (a) when there is a purchase of an existinglicensed business and a new license of the same class is issued or (b) uponthe issuance of a new license for a location which has not been previouslylicensed, the license fee and occupation taxes shall be prorated on a quarterlybasis as of the date of issuance. SourceLaws 1935, c. 116, § 26, p. 391; C.S.Supp.,1941, § 53-326; R.S.1943, § 53-124; Laws 1955, c. 202, § 1, p. 576; Laws 1959, c. 249, § 2, p. 861; Laws 1961, c. 258, § 2, p. 761; Laws 1963, c. 309, § 2, p. 913; Laws 1963, c. 310, § 7, p. 927; Laws 1963, Spec. Sess., c. 5, § 3, p. 76; Laws 1965, c. 318, § 6, p. 893; Laws 1967, c. 332, § 6, p. 882; Laws 1967, c. 336, § 1, p. 897; Laws 1973, LB 111, § 4; Laws 1974, LB 681, § 5; Laws 1975, LB 414, § 1; Laws 1977, LB 237, § 1; Laws 1978, LB 386, § 4; Laws 1983, LB 133, § 2; Laws 1983, LB 213, § 3; Laws 1984, LB 947, § 1; Laws 1985, LB 279, § 8; Laws 1988, LB 1089, § 11; Laws 1989, LB 154, § 3; Laws 1989, LB 781, § 6; Laws 1991, LB 344, § 26; Laws 1993, LB 53, § 3; Laws 1993, LB 183, § 9; Laws 1994, LB 1313, § 3; Laws 1996, LB 750, § 6; Laws 1997, LB 752, § 131; Laws 2001, LB 278, § 4; Laws 2001, LB 671, § 2; Laws 2004, LB 485, § 15; Laws 2007, LB549, § 7; Laws 2009, LB355, § 3; Laws 2010, LB861, § 56; Laws 2010, LB867, § 2.AnnotationsIt was error for the Nebraska Liquor Control Commission to refuse a license on grounds of "unfair competition" when the applicant was not advised ahead of time that that issue would be considered by the commission. A license may not be denied solely on the grounds that it might give one business a "competitive edge" over others in the area. Halbert v. Nebraska Liquor Control Commission, 206 Neb. 687, 294 N.W.2d 864 (1980).There is a difference between nonprofit corporation license and bottle club license. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).Rights of individual licensees to operate are subject to power of Liquor Control Commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).Where statute authorizes granting licensees right to sell all forms of alcoholic liquors including beer, licensees are entitled to sell beer and other liquor in same room, notwithstanding another section declaring public policy in favor of separate sale. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1974).

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-124

53-124. Licenses;types; classification; fees; where paid; license year.(1) At the time applicationis made to the commission for a license of any type, the applicant shall paythe fee provided in section 53-124.01 and, if the applicantis an individual, provide the applicant's social security number. The commission shall issue the types of licenses describedin this section.(2) There shall be anairline license, a boat license, and a railroad license. The commission shallcharge one dollar for each duplicate of an airline license or a railroad license.(3)(a) There shall bea manufacturer's license for alcohol and spirits, for beer, and for wine.The annual fee for a manufacturer's license for beer shall be based on thebarrel daily capacity as follows:(i) 1 to 100 barrel daily capacity,or any part thereof, tier one;(ii) 100 to 150 barrel daily capacity,tier two;(iii) 150 to 200 barrel daily capacity,tier three;(iv) 200 to 300 barrel daily capacity,tier four;(v) 300 to 400 barrel daily capacity,tier five;(vi) 400 to 500 barrel daily capacity,tier six;(vii) 500 barrel daily capacity, or more, tier seven.(b) For purposes of this subsection, daily capacity means the average daily barrel production forthe previous twelve months of manufacturing operation. If no such basis forcomparison exists, the manufacturing licensee shall pay in advance for thefirst year's operation a fee of five hundred dollars.(4) There shall be fiveclasses of nonbeverage users' licenses: Class 1, Class 2, Class 3, Class 4,and Class 5.(5)In lieu of a manufacturer's, a retailer's, or a wholesaler's license, thereshall be a license to operate issued for a craft brewery, a farm winery, ora microdistillery.(6)(a)There shall be five classes of retail licenses:(i) Class A: Beer only, for consumption on the premises;(ii) Class B: Beer only, for consumptionoff the premises, sales in the original packages only;(iii) Class C: Alcoholic liquor,for consumption on the premises and off the premises, sales in original packagesonly. If a Class C license is held by a nonprofit corporation,it shall be restricted to consumption on the premises only. A Class C licensemay have a sampling designation restricting consumption on the premises tosampling, but such designation shall not affect sales for consumption offthe premises under such license;(iv) Class D: Alcoholic liquor,including beer, for consumption off the premises, sales in the original packagesonly, except as provided in subsection (2) of section 53-123.04; and(v) Class I: Alcoholic liquor,for consumption on the premises.(b) All applicablelicense fees shall be paid by the applicant or licensee directly to the cityor village treasurer in the case of premises located inside the corporatelimits of a city or village and directly to the county treasurer in the caseof premises located outside the corporate limits of a city or village.(7) There shall be three types of shipping licensesas described in section 53-123.15: Manufacturers, vintage wines, and directsales.(8)There shall be two types of wholesale licenses: Alcoholic liquor and beeronly. The annual fee shall be paid for the first and each additional wholesaleplace of business operated in this state by the same licensee and wholesalingthe same product.(9) Thelicense year, unless otherwise provided in the Nebraska Liquor Control Act,shall commence on May 1 of each year and shall end on the following April30, except that the license year for a Class C license shall commence on November1 of each year and shall end on the following October 31. During the licenseyear, no license shall be issued for a sum less than the amount of the annuallicense fee as fixed in section 53-124.01, regardless of the time when the application for suchlicense has been made, except that (a) when there is a purchase of an existinglicensed business and a new license of the same class is issued or (b) uponthe issuance of a new license for a location which has not been previouslylicensed, the license fee and occupation taxes shall be prorated on a quarterlybasis as of the date of issuance. SourceLaws 1935, c. 116, § 26, p. 391; C.S.Supp.,1941, § 53-326; R.S.1943, § 53-124; Laws 1955, c. 202, § 1, p. 576; Laws 1959, c. 249, § 2, p. 861; Laws 1961, c. 258, § 2, p. 761; Laws 1963, c. 309, § 2, p. 913; Laws 1963, c. 310, § 7, p. 927; Laws 1963, Spec. Sess., c. 5, § 3, p. 76; Laws 1965, c. 318, § 6, p. 893; Laws 1967, c. 332, § 6, p. 882; Laws 1967, c. 336, § 1, p. 897; Laws 1973, LB 111, § 4; Laws 1974, LB 681, § 5; Laws 1975, LB 414, § 1; Laws 1977, LB 237, § 1; Laws 1978, LB 386, § 4; Laws 1983, LB 133, § 2; Laws 1983, LB 213, § 3; Laws 1984, LB 947, § 1; Laws 1985, LB 279, § 8; Laws 1988, LB 1089, § 11; Laws 1989, LB 154, § 3; Laws 1989, LB 781, § 6; Laws 1991, LB 344, § 26; Laws 1993, LB 53, § 3; Laws 1993, LB 183, § 9; Laws 1994, LB 1313, § 3; Laws 1996, LB 750, § 6; Laws 1997, LB 752, § 131; Laws 2001, LB 278, § 4; Laws 2001, LB 671, § 2; Laws 2004, LB 485, § 15; Laws 2007, LB549, § 7; Laws 2009, LB355, § 3; Laws 2010, LB861, § 56; Laws 2010, LB867, § 2.AnnotationsIt was error for the Nebraska Liquor Control Commission to refuse a license on grounds of "unfair competition" when the applicant was not advised ahead of time that that issue would be considered by the commission. A license may not be denied solely on the grounds that it might give one business a "competitive edge" over others in the area. Halbert v. Nebraska Liquor Control Commission, 206 Neb. 687, 294 N.W.2d 864 (1980).There is a difference between nonprofit corporation license and bottle club license. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).Rights of individual licensees to operate are subject to power of Liquor Control Commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).Where statute authorizes granting licensees right to sell all forms of alcoholic liquors including beer, licensees are entitled to sell beer and other liquor in same room, notwithstanding another section declaring public policy in favor of separate sale. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1974).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-124

53-124. Licenses;types; classification; fees; where paid; license year.(1) At the time applicationis made to the commission for a license of any type, the applicant shall paythe fee provided in section 53-124.01 and, if the applicantis an individual, provide the applicant's social security number. The commission shall issue the types of licenses describedin this section.(2) There shall be anairline license, a boat license, and a railroad license. The commission shallcharge one dollar for each duplicate of an airline license or a railroad license.(3)(a) There shall bea manufacturer's license for alcohol and spirits, for beer, and for wine.The annual fee for a manufacturer's license for beer shall be based on thebarrel daily capacity as follows:(i) 1 to 100 barrel daily capacity,or any part thereof, tier one;(ii) 100 to 150 barrel daily capacity,tier two;(iii) 150 to 200 barrel daily capacity,tier three;(iv) 200 to 300 barrel daily capacity,tier four;(v) 300 to 400 barrel daily capacity,tier five;(vi) 400 to 500 barrel daily capacity,tier six;(vii) 500 barrel daily capacity, or more, tier seven.(b) For purposes of this subsection, daily capacity means the average daily barrel production forthe previous twelve months of manufacturing operation. If no such basis forcomparison exists, the manufacturing licensee shall pay in advance for thefirst year's operation a fee of five hundred dollars.(4) There shall be fiveclasses of nonbeverage users' licenses: Class 1, Class 2, Class 3, Class 4,and Class 5.(5)In lieu of a manufacturer's, a retailer's, or a wholesaler's license, thereshall be a license to operate issued for a craft brewery, a farm winery, ora microdistillery.(6)(a)There shall be five classes of retail licenses:(i) Class A: Beer only, for consumption on the premises;(ii) Class B: Beer only, for consumptionoff the premises, sales in the original packages only;(iii) Class C: Alcoholic liquor,for consumption on the premises and off the premises, sales in original packagesonly. If a Class C license is held by a nonprofit corporation,it shall be restricted to consumption on the premises only. A Class C licensemay have a sampling designation restricting consumption on the premises tosampling, but such designation shall not affect sales for consumption offthe premises under such license;(iv) Class D: Alcoholic liquor,including beer, for consumption off the premises, sales in the original packagesonly, except as provided in subsection (2) of section 53-123.04; and(v) Class I: Alcoholic liquor,for consumption on the premises.(b) All applicablelicense fees shall be paid by the applicant or licensee directly to the cityor village treasurer in the case of premises located inside the corporatelimits of a city or village and directly to the county treasurer in the caseof premises located outside the corporate limits of a city or village.(7) There shall be three types of shipping licensesas described in section 53-123.15: Manufacturers, vintage wines, and directsales.(8)There shall be two types of wholesale licenses: Alcoholic liquor and beeronly. The annual fee shall be paid for the first and each additional wholesaleplace of business operated in this state by the same licensee and wholesalingthe same product.(9) Thelicense year, unless otherwise provided in the Nebraska Liquor Control Act,shall commence on May 1 of each year and shall end on the following April30, except that the license year for a Class C license shall commence on November1 of each year and shall end on the following October 31. During the licenseyear, no license shall be issued for a sum less than the amount of the annuallicense fee as fixed in section 53-124.01, regardless of the time when the application for suchlicense has been made, except that (a) when there is a purchase of an existinglicensed business and a new license of the same class is issued or (b) uponthe issuance of a new license for a location which has not been previouslylicensed, the license fee and occupation taxes shall be prorated on a quarterlybasis as of the date of issuance. SourceLaws 1935, c. 116, § 26, p. 391; C.S.Supp.,1941, § 53-326; R.S.1943, § 53-124; Laws 1955, c. 202, § 1, p. 576; Laws 1959, c. 249, § 2, p. 861; Laws 1961, c. 258, § 2, p. 761; Laws 1963, c. 309, § 2, p. 913; Laws 1963, c. 310, § 7, p. 927; Laws 1963, Spec. Sess., c. 5, § 3, p. 76; Laws 1965, c. 318, § 6, p. 893; Laws 1967, c. 332, § 6, p. 882; Laws 1967, c. 336, § 1, p. 897; Laws 1973, LB 111, § 4; Laws 1974, LB 681, § 5; Laws 1975, LB 414, § 1; Laws 1977, LB 237, § 1; Laws 1978, LB 386, § 4; Laws 1983, LB 133, § 2; Laws 1983, LB 213, § 3; Laws 1984, LB 947, § 1; Laws 1985, LB 279, § 8; Laws 1988, LB 1089, § 11; Laws 1989, LB 154, § 3; Laws 1989, LB 781, § 6; Laws 1991, LB 344, § 26; Laws 1993, LB 53, § 3; Laws 1993, LB 183, § 9; Laws 1994, LB 1313, § 3; Laws 1996, LB 750, § 6; Laws 1997, LB 752, § 131; Laws 2001, LB 278, § 4; Laws 2001, LB 671, § 2; Laws 2004, LB 485, § 15; Laws 2007, LB549, § 7; Laws 2009, LB355, § 3; Laws 2010, LB861, § 56; Laws 2010, LB867, § 2.AnnotationsIt was error for the Nebraska Liquor Control Commission to refuse a license on grounds of "unfair competition" when the applicant was not advised ahead of time that that issue would be considered by the commission. A license may not be denied solely on the grounds that it might give one business a "competitive edge" over others in the area. Halbert v. Nebraska Liquor Control Commission, 206 Neb. 687, 294 N.W.2d 864 (1980).There is a difference between nonprofit corporation license and bottle club license. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).Rights of individual licensees to operate are subject to power of Liquor Control Commission. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).Where statute authorizes granting licensees right to sell all forms of alcoholic liquors including beer, licensees are entitled to sell beer and other liquor in same room, notwithstanding another section declaring public policy in favor of separate sale. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1974).