Nebraska Revised Statutes
Chapter 53 - Liquors
53-1,121 - Law enforcement officer; intoxicated person; removal; civil protective custody; procedure; Department of Health and Human Services; limit on licensure actions.

53-1,121. Law enforcement officer; intoxicated person; removal; civil protective custody; procedure; Department of Health and Human Services; limit on licensure actions.
(1) City police, county sheriffs, officers of the Nebraska State Patrol, and any other such law enforcement officer with power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who is otherwise incapacitated, from any public or quasi-public property. An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take such intoxicated person to his or her home or to place such person in any hospital, clinic, or mental health substance use treatment center or with a medical doctor as may be necessary to preserve life or to prevent injury. Such effort at placement shall be deemed reasonable if the officer contacts those facilities or doctors which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals. If such efforts are unsuccessful or are not feasible, the officer may then place such intoxicated person in civil protective custody, except that civil protective custody shall be used only as long as is necessary to preserve life or to prevent injury, and under no circumstances for longer than twenty-four hours.
(2) The placement of such person in civil protective custody shall be recorded at the facility or jail to which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to such person designated by the person taken into civil protective custody.
(3) The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for such actions.
(4) The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
(5) The Department of Health and Human Services shall not deny issuance or renewal of a license under the Health Care Facility Licensure Act to a mental health substance use treatment center on the basis that the mental health substance use treatment center utilizes locked rooms to provide civil protective custody services if the mental health substance use treatment center is otherwise in compliance with the applicable rules and regulations of the department and if a person placed into civil protective custody in the mental health substance use treatment center is not kept in a locked room after such person is no longer a danger to himself or herself or other patients or staff of the mental health substance use treatment center.
(6) For purposes of this section:
(a) Mental health substance use treatment center has the same meaning as in section 71-423;
(b) Public property means any public right-of-way, street, highway, alley, park, or other state, county, or municipally owned property; and
(c) Quasi-public property means and includes private or publicly owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.
Source

Cross References

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 53 - Liquors

53-101 - Act, how cited.

53-101.01 - Statement of policy.

53-101.02 - Farm wineries; legislative intent.

53-101.04 - Transferred to section 53-148.01.

53-101.05 - Act to be liberally construed.

53-102 - Transferred to section 53-168.06.

53-103 - Definitions, where found.

53-103.01 - Alcohol, defined.

53-103.02 - Alcoholic liquor, defined.

53-103.03 - Beer, defined.

53-103.04 - Brand, defined.

53-103.05 - Brewpub, defined.

53-103.06 - Campus, defined.

53-103.07 - Cancel, defined.

53-103.08 - Cigar shop, defined.

53-103.09 - Club, defined.

53-103.10 - Commission, defined.

53-103.11 - Consume, defined.

53-103.12 - Craft brewery, defined.

53-103.13 - Farm winery, defined.

53-103.14 - Franchise or agreement, defined.

53-103.15 - Generic label, defined.

53-103.16 - Hotel, defined.

53-103.17 - Local governing body, defined.

53-103.18 - Manager, defined.

53-103.19 - Manufacture, defined.

53-103.20 - Manufacturer, defined.

53-103.21 - Microbrewery, defined.

53-103.22 - Microdistillery, defined.

53-103.23 - Minor, defined.

53-103.24 - Near beer, defined.

53-103.25 - Nonbeverage user, defined.

53-103.26 - Nonprofit corporation, defined.

53-103.27 - Original package, defined.

53-103.28 - Person, defined.

53-103.29 - Private label, defined.

53-103.30 - Restaurant, defined.

53-103.31 - Retailer, defined.

53-103.32 - Revoke, defined.

53-103.33 - Sale, defined.

53-103.34 - Sampling, defined.

53-103.35 - Sell, defined.

53-103.36 - Sell at retail and sale at retail, defined.

53-103.37 - Shipping license, defined.

53-103.38 - Spirits, defined.

53-103.39 - Suspend, defined.

53-103.40 - Territory or sales territory, defined.

53-103.41 - Wholesaler, defined.

53-103.42 - Wine, defined.

53-103.43 - Flavored malt beverage, defined.

53-103.44 - Hard cider, defined.

53-103.45 - Pedal-pub vehicle, defined.

53-103.46 - Powdered alcohol, defined.

53-103.47 - Bottle club, defined.

53-103.48 - Farmers market, defined.

53-103.49 - Ready-to-drink cocktail, defined.

53-105 - Nebraska Liquor Control Commission; creation; members; appointment; qualifications.

53-106 - Commission; members; term; removal; not to hold other office.

53-107 - Commission; quorum; executive director; duties.

53-108 - Employees; appointment.

53-109 - Commissioners and employees; bonds or insurance.

53-110 - Commissioners and employees; qualifications; employment by licensee authorized; restrictions.

53-111 - Gifts and gratuities forbidden; violation; penalty.

53-112 - Commissioners and executive director; compensation; expenses.

53-113 - Commissioners and employees; expenses and mileage.

53-114 - Meetings; office; branch offices; seal; certified copies of records as evidence.

53-115 - Assistant attorney general assigned to commission; compensation; payment.

53-116 - Power to regulate and control alcoholic liquor.

53-116.01 - Retail licensees; bottle club licensees; inspection of premises; suspend, cancel, or revoke license; when; charter bus; inspection; when.

53-116.02 - Licensee; violations; forfeiture or revocation of license.

53-117 - Powers, functions, and duties.

53-117.01 - Subpoenas; issuance; witnesses; documents.

53-117.02 - Disobedience to subpoena; refusal to testify; proceedings for contempt.

53-117.03 - Employee and management training; commission; powers and duties; fees; certification.

53-117.05 - Rules and regulations; statutes; commission; provide copies; fee authorized.

53-117.06 - Nebraska Liquor Control Commission Rule and Regulation Cash Fund; created; use; investment.

53-117.07 - Proceedings to suspend, cancel, or revoke licenses before commission.

53-117.08 - License; suspend, cancel, or revoke; hearing; conviction; court; duty.

53-118 - Rules and regulations.

53-119.01 - Fire safety inspection; fee.

53-120 - Ready-to-drink cocktails; production and sale; rules and regulations.

53-121 - License; delivery; method.

53-122 - Sale of liquor by drink; license issuance authorized; exception.

53-123 - Licenses; types.

53-123.01 - Manufacturer's license; rights of licensee; craft brewery license holder; when required to obtain manufacturer’s license; rights of holder.

53-123.02 - Alcoholic liquor wholesale license, except beer; rights of licensee; sampling.

53-123.03 - Beer wholesale license; rights of licensee; designated territory.

53-123.04 - Retail license; rights of licensee; sampling; removal of unsealed bottle of wine; conditions; sales for consumption off the premises; conditions; notice to commission, required.

53-123.05 - Railroad or airline license; rights of licensee.

53-123.06 - Boat license; rights of licensee.

53-123.07 - Nonbeverage user's license; rights of licensee; importation of alcohol; classes of license.

53-123.08 - Bottle club license; rights of licensee.

53-123.09 - Beer wholesaler; delivery outside territory; unlawful; penalty.

53-123.10 - Farm winery license; when issued.

53-123.11 - Farm winery license; rights of licensee; removal of unsealed bottle of wine; conditions; sales for consumption off the premises; conditions; notice to commission, required.

53-123.12 - Farm winery license; application requirements; renewal; fees; licensed premises; temporary expansion; procedure.

53-123.13 - Farm winery; waiver of requirement; when; conditions.

53-123.14 - Craft brewery license; rights of licensee; self-distribution; conditions.

53-123.15 - Shipping license; when required; rights of licensee; application; contents; violation; disciplinary action; holder of license; duties; report; contents.

53-123.16 - Microdistillery license; rights of licensee.

53-123.17 - Entertainment district license; rights of licensee; application; fee; commission; duties; occupation tax; local governing body; powers.

53-123.18 - Special party bus license.

53-124 - Licenses; types; classification; fees; where paid; license year.

53-124.01 - Fees for annual licenses.

53-124.02 - Holder of license under prior law; how treated.

53-124.11 - Special designated license; issuance; procedure; fee.

53-124.12 - Annual catering license; issuance; procedure; fee; occupation tax.

53-124.13 - Catering licensee; special designated license; application; procedure; proceeds; violation; penalty.

53-124.14 - Applicants outside cities and villages; airport authorities; Nebraska State Fair Board; issuance of licenses; when permitted.

53-124.15 - Community college culinary education program; catering license.

53-124.16 - Promotional farmers market special designated license; issuance; conditions; application; fee; rights of licensee.

53-124.17 - Promotional farmers market special designated license holder; permit to sell or dispense; application; issuance; conditions; local governing body; duties.

53-125 - Classes of persons to whom no license issued.

53-126 - License to corporation; conditions.

53-128 - Transferred to section 53-116.02.

53-129 - Retail, bottle club, craft brewery, and microdistillery licenses; premises to which applicable; temporary expansion; procedure.

53-130 - Licenses; manufacturers, wholesalers, railroads, airlines, boats, special party buses, pedal-pub vehicles, and nonbeverage users; conditions on issuance; fees; renewal.

53-130.01 - Beer; manufacturers and shippers; file notice; contents.

53-131 - Retail, bottle club, craft brewery, and microdistillery licenses; application; fees; notice of application to city, village, or county; cigar shop; information required; renewal; fee.

53-131.01 - License; application; form; contents; criminal history record check; false statement; penalty.

53-132 - Retail, bottle club, craft brewery, or microdistillery license; commission; duties.

53-133 - Retail, bottle club, craft brewery, and microdistillery licenses; hearing; when held; procedure.

53-134 - Retail, bottle club, craft brewery, microdistillery, and entertainment district licenses; city and village governing bodies; county boards; powers, functions, and duties.

53-134.01 - Class C license holder; limited bottling endorsement; application; fee; conditions of sale.

53-134.02 - Local governing bodies; authority under act.

53-134.03 - Retail, bottle club, craft brewery, and microdistillery licenses; regulation by cities and villages.

53-134.04 - Violations by retail licensee or bottle club licensee; complaints of residents; hearings.

53-135 - Retail or bottle club licenses; automatic renewal; conditions.

53-135.01 - Retail licenses; bottle club licenses; renewal; notice.

53-135.02 - Licenses; renewal; no vested right.

53-136 - Cigar shops; legislative findings; legislative intent.

53-137 - Cigar shop license; prohibited acts; sign required; waiver signed by employee; form.

53-138 - Pedal-pub vehicle license; activities authorized; licensee; duties.

53-138.01 - Licenses; disposition of fees.

53-138.03 - Nonprofit corporations; license; required.

53-139 - Retail licenses to restaurants and clubs; conditions.

53-140 - Transferred to section 53-117.07.

53-142 - Transferred to section 53-131.01.

53-145 - Transferred to section 53-160.02.

53-146 - Transferred to section 53-116.01.

53-147 - Transferred to section 53-134.03.

53-148 - Licenses; display.

53-148.01 - Retail or bottle club licensee; warning sign; commission; duties.

53-149 - Licenses; term; sale of premises; temporary operating permit; false information; penalty; license not assignable or inheritable; exception; effect of death or bankruptcy of licensee.

53-150 - Transferred to section 53-135.02.

53-157 - Transferred to section 53-164.02.

53-159 - Transferred to section 53-130.01.

53-160 - Tax on manufacturer and wholesaler; amount; exemption; duties of commission.

53-160.01 - Tax on manufacturer and wholesaler; instrumentality of armed forces of United States; resale; exemption.

53-160.02 - Near beer; regulation.

53-160.03 - Beer-related crop; tax credit; calculation; application; contents; approval; notice.

53-160.04 - Ready-to-drink cocktails; tax on manufacturer or wholesaler; amount; exemption; duties of commission.

53-160.08 - Transferred to section 53-178.01.

53-161 - Beer; credit for tax paid; when allowed.

53-162 - Alcoholic liquor shipped from another state; tax imposed.

53-163 - Commission; rounding of amounts on returns or reports; authorized.

53-164.01 - Alcoholic liquor; tax; payment; report; penalty; bond; sale to instrumentality of armed forces; credit for tax paid.

53-164.02 - Evasion of liquor tax; acts forbidden; violations; penalty.

53-165 - Manufacturer and wholesaler; monthly report to commission of manufacture and sale; manufacturer or shipper; certification; record keeping.

53-166.01 - Unconstitutional.

53-166.02 - Unconstitutional.

53-166.03 - Unconstitutional.

53-166.04 - Unconstitutional.

53-166.05 - Unconstitutional.

53-166.06 - Unconstitutional.

53-166.07 - Unconstitutional.

53-166.08 - Unconstitutional.

53-166.09 - Unconstitutional.

53-166.10 - Unconstitutional.

53-166.11 - Unconstitutional.

53-166.12 - Unconstitutional.

53-166.13 - Unconstitutional.

53-166.14 - Unconstitutional.

53-166.15 - Unconstitutional.

53-166.16 - Unconstitutional.

53-166.17 - Unconstitutional.

53-167.01 - Legislative findings.

53-167.02 - Keg sales; requirements; keg identification number; violation; penalty.

53-167.03 - Keg identification number; prohibited acts; violation; penalty; deposit.

53-168 - Receiving money, credit, discounts, rebates, or other inducement; unlawful acts; penalty; private or generic label permitted.

53-168.05 - Violations; procedure.

53-168.06 - General prohibition; exceptions.

53-169 - Manufacturer or wholesaler; craft brewery, manufacturer, or microdistillery licensee; limitations.

53-169.01 - Manufacturer; interest in licensed wholesaler; prohibitions; exception.

53-170 - Violations; effect.

53-171 - Licenses; issuance of more than one kind to same person; when unlawful; craft brewery, manufacturer, or microdistillery licensee; limitations.

53-172 - Original packages; labels; seals; requirements.

53-173 - Powdered alcohol; prohibited acts; penalties; effect on license.

53-175 - Liquor; acquisition from other than licensed dealer; when unlawful.

53-176 - Sale or delivery to unauthorized person forbidden; suspension, cancellation, or revocation of license.

53-177 - Sale at retail; bottle club license; restrictions as to locality.

53-177.01 - Sale for consumption on premises or bottle club operation near campus of college or university; restrictions; commission; waiver; application; contents; written approval of governing body of college or university.

53-178 - Sale at retail; forbidden in dwelling or lodging house; exceptions.

53-178.01 - Licensee; sale to person within motor vehicle; prohibited; exceptions.

53-179 - Sale or dispensing of alcoholic liquor; forbidden during certain hours; exceptions; alcoholic liquor in open containers; unlawful after hours.

53-180 - Prohibited acts relating to minors and incompetents.

53-180.01 - Minor misrepresenting age; unlawful.

53-180.02 - Minor; prohibited acts; exception; governing bodies; powers.

53-180.03 - Minor; sale or gift to; misrepresenting age; parent or guardian; duties.

53-180.04 - Minors; warning notice; posting.

53-180.05 - Prohibited acts relating to minors and incompetents; violations; penalties; possible alcohol overdose; actions authorized; false identification; penalty; law enforcement agency; duties.

53-180.06 - Documentary proof of age; separate book; record; contents.

53-180.07 - Minors; licensee charged with sale; defenses.

53-181 - Person eighteen years of age or younger; penalty; copy of abstract to Director of Motor Vehicles; possible alcohol overdose; actions authorized.

53-183 - Sale on credit or for goods or services forbidden; exceptions.

53-184 - Sale only in original package; refilling forbidden; exception.

53-185 - Contract to sell for only one manufacturer or wholesaler; void.

53-186 - Consumption of liquor on public property; forbidden; exceptions; license authorized.

53-186.01 - Consumption of liquor in public places; license required; exceptions; violations; penalty.

53-187 - Nonbeverage licensee forbidden to give or sell alcoholic liquor; violation; penalty.

53-190 - Premises violating law declared common nuisances.

53-192 - Transportation of liquor into state forbidden; when.

53-192.01 - Wholesale licensee; purchases and imports; restrictions.

53-194.03 - Transportation of liquor into state; forbidden; when; penalty.

53-194.04 - Sale of confections or candy; license requirements; label.

53-197 - Violations; peace officer; duties; neglect of duty; penalty.

53-198 - Places operated in violation of act; declared common nuisances; violations; penalty.

53-199 - Nuisance; abatement; procedure; owner or lessee may give bond.

53-1,100 - Violations; general penalties.

53-1,101 - Owner of premises or agent knowing of violations; penalty.

53-1,102 - Violations by agent or employee of licensee; deemed act of licensee, when.

53-1,103 - False branding; penalty.

53-1,104 - Violations by licensee; suspension, cancellation, or revocation of license; cash penalty in lieu of suspending sales; election authorized.

53-1,105 - Sufficiency of charge of violation; sufficiency of proof.

53-1,106 - Charge of violation; sufficiency of allegations; second offense; proof; former conviction.

53-1,107 - Complaint, indictment, or information; contents; sufficiency.

53-1,108 - Search warrants issued on complaint; form.

53-1,109 - Search warrants; contents; directed to peace officer.

53-1,114 - Transferred to section 53-134.04.

53-1,115 - Proceedings before commission; service upon parties; rehearings; costs.

53-1,116 - Appeal; procedure.

53-1,118 - Transferred to section 53-101.05.

53-1,119 - Local law, ordinance, resolution, or rule; penalty for drinking or intoxication; prohibited.

53-1,120 - Alcohol-related offenses; law, ordinance, resolution, or rule; effect.

53-1,120.01 - County resolution or city ordinance prohibiting smoking; not applicable to cigar shops.

53-1,121 - Law enforcement officer; intoxicated person; removal; civil protective custody; procedure; Department of Health and Human Services; limit on licensure actions.

53-1,122 - Compliance checks; participation by minors; when.

53-201 - Purpose of sections.

53-202 - Definitions, where found.

53-203 - Advertising, defined.

53-204 - Agreement, defined.

53-205 - Ancillary business, defined.

53-206 - Control of a wholesaler's business, defined.

53-207 - Designated member, defined.

53-208 - Good faith, defined.

53-209 - Reasonable qualifications, defined.

53-210 - Retaliatory action, defined.

53-211 - Sales territory, defined.

53-212 - Substantial stockholder, substantial partner, and substantial member, defined.

53-213 - Supplier, defined.

53-214 - Transfer of the wholesaler's business, defined.

53-215 - Wholesaler, defined.

53-216 - Supplier; prohibited acts.

53-217 - Wholesaler; prohibited acts.

53-218 - Supplier; agreements; prohibited acts; changes or termination; procedures; quality control; temporary service interruption.

53-219 - Wholesaler's business; transfer; restrictions.

53-220 - Supplier; violations; compensation to wholesaler.

53-221 - Wholesaler; waiver of rights prohibited; dispute settlements.

53-222 - Applicability of sections; transfer of business; effect on agreements.

53-223 - Civil actions authorized; damages; jurisdiction.

53-301 - Nebraska Grape and Winery Board; created.

53-302 - Board; officers; terms; expenses.

53-303 - Board; powers and duties.

53-304 - Winery; payments required; Winery and Grape Producers Promotional Fund; created; use; investment.

53-305 - Board; annual report.

53-401 - Act, how cited.

53-402 - Purposes of act.

53-403 - Terms, defined.

53-404 - Cause of action authorized.

53-405 - Defense.

53-406 - Limitation on cause of action.

53-407 - Damages.

53-408 - Statute of limitation.

53-409 - Effect of settlement and release; offset; joint and several liability; right of contribution.

53-501 - Nebraska Craft Brewery Board; created; members; qualifications; vacancy.

53-502 - Nebraska Craft Brewery Board; meetings; members; terms; expenses; removal; procedure.

53-503 - Nebraska Craft Brewery Board; powers and duties.

53-504 - Nebraska Beer Industry Promotional Fund; created; use; investment; holder of craft brewery license; annual fee; use.

53-505 - Nebraska Craft Brewery Board; annual report; contents; fee.