Nebraska Revised Statutes
Chapter 53 - Liquors
53-123.12 - Farm winery license; application requirements; renewal; fees; licensed premises; temporary expansion; procedure.

53-123.12. Farm winery license; application requirements; renewal; fees; licensed premises; temporary expansion; procedure.
(1) Any person desiring to obtain a new license to operate a farm winery shall:
(a) File an application with the commission upon such forms as the commission from time to time prescribes;
(b) Pay the license fee to the commission under sections 53-124 and 53-124.01, which fee shall be returned to the applicant if the application is denied; and
(c) Pay the nonrefundable application fee to the commission in the sum of four hundred dollars.
(2) To renew a farm winery license, a farm winery licensee shall file an application with the commission, pay the license fee under sections 53-124 and 53-124.01, and pay the renewal fee of forty-five dollars.
(3) License fees, application fees, and renewal fees may be paid to the commission by certified or cashier's check of a bank within this state, personal or business check, United States post office money order, or cash in the full amount of such fees.
(4) For a new license, the commission shall then notify the municipal clerk of the city or incorporated village where such license is sought or, if the license is not sought within a city or incorporated village, the county clerk of the county where such license is sought of the receipt of the application and shall include with such notice one copy of the application. No such license shall then be issued by the commission until the expiration of at least forty-five days from the date of receipt by mail or electronic delivery of such application from the commission. Within thirty-five days from the date of receipt of such application from the commission, the local governing bodies of nearby cities or villages or the county may make and submit to the commission recommendations relative to the granting of or refusal to grant such license to the applicant.
(5)(a) A farm winery licensee may apply to the local governing body for a temporary expansion of the licensed premises to an immediately adjacent area owned or leased by the licensee or to an immediately adjacent street, parking lot, or alley, not to exceed fifty days for calendar year 2020 and, for each calendar year thereafter, not to exceed fifteen days per calendar year. The temporary area shall comply with the Nebraska Liquor Control Act for consumption on the premises and shall be subject to the following conditions: (i) The temporary area shall be enclosed during the temporary expansion by a temporary fence or other means approved by the county, city, or village; (ii) the temporary area shall have easily identifiable entrances and exits; and (iii) the licensee shall ensure that the area meets all sanitation requirements for a licensed premises. The local governing body shall electronically notify the commission within five days after the authorization of any temporary expansion pursuant to this subsection.
(b) The licensee shall file an application with the local governing body which shall contain (i) the name of the applicant, (ii) the premises for which a temporary expansion is requested, identified by street and number if practicable and, if not, by some other appropriate description which definitely locates the premises, (iii) the name of the owner or lessee of the premises for which the temporary expansion is requested, (iv) sufficient evidence that the licensee will carry on the activities and business authorized by the license for himself, herself, or itself and not as the agent of any other person, group, organization, or corporation, for profit or not for profit, (v) a statement of the type of activity to be carried on during the time period for which a temporary expansion is requested, and (vi) sufficient evidence that the temporary expansion will be supervised by persons or managers who are agents of and directly responsible to the licensee.
(c) No temporary expansion provided for by this subsection shall be granted without the approval of the local governing body. The local governing body may establish criteria for approving or denying a temporary expansion. The local governing body may designate an agent to determine whether a temporary expansion is to be approved or denied. Such agent shall follow criteria established by the local governing body in making the determination. The determination of the agent shall be considered the determination of the local governing body unless otherwise provided by the local governing body.
(d) For purposes of this section, the local governing body shall be that of the city or village within which the premises for which the temporary expansion is requested are located or, if such premises are not within the corporate limits of a city or village, then the local governing body shall be that of the county within which the premises for which the temporary expansion is requested are located.
(e) The decision of the local governing body shall be final. If the applicant does not qualify for a temporary expansion, the temporary expansion shall be denied by the local governing body.
(f) The city, village, or county clerk shall deliver confirmation of the temporary expansion to the licensee upon receipt of any fee or tax imposed by such city, village, or county.
Source

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.