53-125. Classes of persons to whom no license issued.
No license of any kind shall be issued to (1) a person who is not a resident of Nebraska, except in case of railroad, airline, boat, or special party bus licenses, (2) a person who is not of good character and reputation in the community in which he or she resides, (3) a person who is not a Nebraska resident and legally able to work in Nebraska, (4) a person who has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States, (5) a person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant to Chapter 28, article 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state, except that any additional requirements imposed by this subdivision on May 18, 1983, shall not prevent any person holding a license on such date from retaining or renewing such license if the conviction or plea occurred prior to May 18, 1983, (6) a person whose license issued under the Nebraska Liquor Control Act has been revoked for cause, (7) a person who at the time of application for renewal of any license issued under the act would not be eligible for such license upon initial application, (8) a partnership, unless one of the partners is a resident of Nebraska and unless all the members of such partnership are otherwise qualified to obtain a license, (9) a limited liability company, if any officer or director of the limited liability company or any member having an ownership interest in the aggregate of more than twenty-five percent of such company would be ineligible to receive a license under this section for any reason other than the reasons stated in subdivisions (1) and (3) of this section, or if a manager of a limited liability company licensee would be ineligible to receive a license under this section for any reason, (10) a corporation, if any officer or director of the corporation or any stockholder owning in the aggregate more than twenty-five percent of the stock of such corporation would be ineligible to receive a license under this section for any reason other than the reasons stated in subdivisions (1) and (3) of this section, or if a manager of a corporate licensee would be ineligible to receive a license under this section for any reason. This subdivision shall not apply to railroad licenses, (11) a person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee, (12) a person who does not own the premises for which a license is sought or does not have a lease or combination of leases on such premises for the full period for which the license is to be issued, (13) except as provided in this subdivision, an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such applicant shall become eligible for a liquor license only if the commission finds from the evidence that the public interest will not be infringed upon if such license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license the applicant is also ineligible to receive a liquor license. Such prima facie evidence shall be overcome if it is shown to the satisfaction of the commission (a) that the licensed business will be the sole property of the applicant and (b) that such licensed premises will be properly operated, (14) a person seeking a license for premises which do not meet standards for fire safety as established by the State Fire Marshal, (15) a law enforcement officer, except that this subdivision shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization, or (16) a person less than twenty-one years of age.
When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the requirements of this section, but nothing in this section shall prohibit any such beneficiary from being a minor or a person who is mentally incompetent.
Source
Annotations
One is unable to renew liquor license for premises when not in possession of either lease or deed to such premises. III Lounge, Inc. v. Gaines, 227 Neb. 585, 419 N.W.2d 143 (1988).
The phrase not of good character concerning eligibility for a license imports lack of good faith or honesty of purpose. C & L Co. v. Nebraska Liquor Control Commission, 190 Neb. 91, 206 N.W.2d 49 (1973).
In exercising discretion to refuse license, Nebraska Liquor Control Commission may consider factors in addition to those set out in this section. T & N P Co., Inc. v. Nebraska Liquor Control Commission, 189 Neb. 708, 204 N.W.2d 809 (1973).
A liquor license may be issued to a partnership. Stevens v. Fall, 133 Neb. 610, 276 N.W. 401 (1937).
A party who has tendered a guilty plea under a deferred judgment statute of another state has not necessarily been convicted of or pleaded guilty to an offense within the meaning of this statute. McHenry v. Nebraska Liquor Control Comm., 5 Neb. App. 95, 555 N.W.2d 350 (1996).
Structure Nebraska Revised Statutes
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.
53-103.02 - Alcoholic liquor, defined.
53-103.08 - Cigar shop, defined.
53-103.10 - Commission, 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.
53-103.17 - Local governing body, defined.
53-103.19 - Manufacture, defined.
53-103.20 - Manufacturer, defined.
53-103.21 - Microbrewery, defined.
53-103.22 - Microdistillery, 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.
53-103.29 - Private label, defined.
53-103.30 - Restaurant, defined.
53-103.31 - Retailer, defined.
53-103.34 - Sampling, defined.
53-103.36 - Sell at retail and sale at retail, defined.
53-103.37 - Shipping license, defined.
53-103.40 - Territory or sales territory, defined.
53-103.41 - Wholesaler, 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.
53-111 - 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.
53-116.02 - 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.
53-117.07 - 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.
53-123.02 - Alcoholic liquor wholesale license, except beer; rights of licensee; sampling.
53-123.03 - Beer wholesale license; rights of licensee; designated territory.
53-123.05 - Railroad or airline license; rights of licensee.
53-123.06 - Boat license; rights of licensee.
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.
53-123.13 - Farm winery; waiver of requirement; when; conditions.
53-123.14 - Craft brewery license; rights of licensee; self-distribution; conditions.
53-123.16 - Microdistillery license; rights of licensee.
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.
53-124.15 - Community college culinary education program; catering license.
53-125 - Classes of persons to whom no license issued.
53-126 - License to corporation; conditions.
53-128 - Transferred to section 53-116.02.
53-130.01 - Beer; manufacturers and shippers; file notice; contents.
53-132 - Retail, bottle club, craft brewery, or microdistillery license; commission; duties.
53-134.02 - Local governing bodies; authority under act.
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.
53-148.01 - Retail or bottle club licensee; warning sign; commission; duties.
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.
53-160.02 - Near beer; regulation.
53-160.03 - Beer-related crop; tax credit; calculation; application; contents; approval; notice.
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.
53-164.02 - Evasion of liquor tax; acts forbidden; violations; penalty.
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.
53-168.05 - Violations; procedure.
53-168.06 - General prohibition; exceptions.
53-169.01 - Manufacturer; interest in licensed wholesaler; prohibitions; exception.
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.
53-177 - Sale at retail; bottle club license; restrictions as to locality.
53-178 - Sale at retail; forbidden in dwelling or lodging house; exceptions.
53-178.01 - Licensee; sale to person within motor vehicle; prohibited; exceptions.
53-180 - 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.
53-180.06 - Documentary proof of age; separate book; record; contents.
53-180.07 - Minors; licensee charged with sale; defenses.
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.
53-187 - 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.
53-1,105 - Sufficiency of charge of violation; sufficiency of proof.
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.
53-1,118 - Transferred to section 53-101.05.
53-1,120 - Alcohol-related offenses; law, ordinance, resolution, or rule; effect.
53-1,122 - Compliance checks; participation by minors; when.
53-202 - Definitions, where found.
53-203 - Advertising, defined.
53-205 - Ancillary business, defined.
53-206 - Control of a wholesaler's business, defined.
53-207 - Designated member, 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.
53-214 - Transfer of the wholesaler's business, defined.
53-216 - Supplier; prohibited acts.
53-217 - Wholesaler; prohibited acts.
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.
53-305 - Board; annual report.
53-404 - Cause of action authorized.
53-406 - Limitation on cause of action.
53-408 - Statute of limitation.
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.
53-505 - Nebraska Craft Brewery Board; annual report; contents; fee.