Nebraska Statutes 53-103.14. Franchise or agreement, defined
Franchise or agreement, with reference to the relationship between a manufacturer and wholesaler, includes one or more of the following:
Terms Used In Nebraska Statutes 53-103.14
- Beer: means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, near beer, flavored malt beverage, and hard cider. See Nebraska Statutes 53-103.03
- Brand: means alcoholic liquor identified as the product of a specific manufacturer. See Nebraska Statutes 53-103.04
- Manufacturer: means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler, restaurant, hotel, or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying, or bottling alcoholic liquor, including a wholly owned affiliate or duly authorized agent for a manufacturer. See Nebraska Statutes 53-103.20
- Sell: means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell. See Nebraska Statutes 53-103.35
- Wholesaler: includes a distributor, distributorship, and jobber. See Nebraska Statutes 53-103.41
(1) A commercial relationship of a definite duration or continuing indefinite duration which is not required to be in writing;
(2) A relationship by which the wholesaler is granted the right to offer and sell the manufacturer’s brands by the manufacturer;
(3) A relationship by which the franchise, as an independent business, constitutes a component of the manufacturer’s distribution system;
(4) A relationship by which the operation of the wholesaler’s business is substantially associated with the manufacturer’s brand, advertising, or other commercial symbol designating the manufacturer; and
(5) A relationship by which the operation of the wholesaler’s business is substantially reliant on the manufacturer for the continued supply of beer.