Nebraska Statutes 53-124. Licenses; types; classification; fees; where paid; license year
(1) At the time application is made to the commission for a license of any type, the applicant shall pay the fee provided in section 53-124.01 and, if the applicant is an individual, provide the applicant’s social security number. The commission shall issue the types of licenses described in this section.
Terms Used In Nebraska Statutes 53-124
- Alcohol: means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. See Nebraska Statutes 53-103.01
- Alcoholic liquor: includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. See Nebraska Statutes 53-103.02
- 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
- Club: means a corporation (a) which is organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquor, (b) which is kept, used, and maintained by its members through the payment of annual dues, and (c) which owns, hires, or leases a building or space in a building suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests. See Nebraska Statutes 53-103.09
- Commission: means the Nebraska Liquor Control Commission. See Nebraska Statutes 53-103.10
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Craft brewery: means a brewpub or a microbrewery. See Nebraska Statutes 53-103.12
- Farm winery: means any enterprise which produces and sells wines produced from grapes, other fruit, or other suitable agricultural products of which at least sixty percent of the finished product is grown in this state or which meets the requirements of section Nebraska Statutes 53-103.13
- Manufacture: means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an original package with any alcoholic liquor and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in the Nebraska Liquor Control Act to serve drinks for consumption on the premises where sold. See Nebraska Statutes 53-103.19
- 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
- Microdistillery: means a distillery located in Nebraska that is licensed to distill liquor on the premises of the distillery licensee and produces one hundred thousand or fewer gallons of liquor annually. See Nebraska Statutes 53-103.22
- Pedal-pub vehicle: means a multi-passenger, human-powered vehicle. See Nebraska Statutes 53-103.45
- Retailer: means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form except as provided in section Nebraska Statutes 53-103.31
- Sale: means any transfer, exchange, or barter in any manner or by any means for a consideration and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee. See Nebraska Statutes 53-103.33
- Sampling: means consumption on the premises of a retail licensee of not more than five samples of one fluid ounce or less of alcoholic liquor by the same person in a twenty-four-hour period. See Nebraska Statutes 53-103.34
- Spirits: means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution. See Nebraska Statutes 53-103.38
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Wholesaler: includes a distributor, distributorship, and jobber. See Nebraska Statutes 53-103.41
- Wine: means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits. See Nebraska Statutes 53-103.42
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) There shall be an airline license, a boat license, a special party bus license, a pedal-pub vehicle license, and a railroad license. The commission shall charge one dollar for each duplicate of an airline license, a special party bus license, a pedal-pub vehicle license, or a railroad license.
(3)(a) There shall be a 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 the barrel 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 for the previous twelve months of manufacturing operation. If no such basis for comparison exists, the manufacturing licensee shall pay in advance for the first year‘s operation a fee of five hundred dollars.
(4) There shall be five classes 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, there shall be a license to operate issued for a craft brewery, a farm winery, or a microdistillery.
(6)(a) There shall be six classes of retail licenses:
(i) Class A: Beer only, for consumption on the premises;
(ii) Class B: Beer only, for consumption off 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 packages only except as provided in subsection (4) of section 53-123.04. If a Class C license is held by a nonprofit corporation, it shall be restricted to consumption on the premises only. A Class C license may have a sampling designation restricting consumption on the premises to sampling, but such designation shall not affect sales for consumption off the premises under such license;
(iv) Class D: Alcoholic liquor, including beer, for consumption off the premises, sales in the original packages only, except as provided in subdivision (6)(a)(vi) of this section and subsection (2) of section 53-123.04 ;
(v) Class I: Alcoholic liquor, for consumption on the premises except as provided in subsection (5) of section 53-123.04 ; and
(vi) Class J: Alcoholic liquor, including beer, for consumption off the premises, sales in the original packages only, for a retail licensee whose annual gross revenue from the sale of alcohol does not exceed twenty percent of the licensee’s total annual gross revenue from all retail sales.
(b) All applicable license fees shall be paid by the applicant or licensee directly to the city or village treasurer in the case of premises located inside the corporate limits of a city or village and directly to the county treasurer in the case of premises located outside the corporate limits of a city or village.
(7) There shall be four types of shipping licenses as described in section 53-123.15 : Manufacturers, vintage wines, manufacture direct sales, and retail direct sales.
(8) There shall be two types of wholesale licenses: Alcoholic liquor and beer only. The annual fee shall be paid for the first and each additional wholesale place of business operated in this state by the same licensee and wholesaling the same product.
(9) There shall be a bottle club license. All applicable license fees shall be paid by the applicant or licensee directly to the city or village treasurer in the case of premises located inside the corporate limits of a city or village and directly to the county treasurer in the case of premises located outside the corporate limits of a city or village.
(10) The license year, unless otherwise provided in the Nebraska Liquor Control Act, shall commence on May 1 of each year and shall end on the following April 30, except that the license year for a Class C license shall commence on November 1 of each year and shall end on the following October 31. During the license year, no license shall be issued for a sum less than the amount of the annual license fee as fixed in section 53-124.01, regardless of the time when the application for such license has been made, except that (a) when there is a purchase of an existing licensed business and a new license of the same class is issued or (b) upon the issuance of a new license for a location which has not been previously licensed, the license fee and occupation taxes shall be prorated on a quarterly basis as of the date of issuance.