Nebraska Revised Statutes
Chapter 53 - Liquors
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.

53-149. Licenses; term; sale of premises; temporary operating permit; false information; penalty; license not assignable or inheritable; exception; effect of death or bankruptcy of licensee.
(1) A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as provided in the Nebraska Liquor Control Act, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated.
(2) A license issued under the act terminates immediately upon the sale of the licensed premises named in such license. The purchaser or transferee may submit an application for a license under the act prior to closing such sale or transfer. While such application is pending, the purchaser may request and obtain a temporary operating permit from the commission which shall authorize the purchaser to continue the business which was conducted on the purchased premises under the terms and conditions of the terminated license for ninety days or until the purchaser has obtained a license in its own name, whichever occurs sooner. Prior to the issuance of a temporary operating permit, the purchaser shall supply the commission with documentation from the seller that the seller is current on all accounts with any wholesaler under section 53-123.02. A seller who provides false information regarding such accounts is guilty of a Class IV misdemeanor for each offense. In the absence of such temporary operating permit, the purchaser shall not manufacture, store, or sell alcoholic liquor on the purchased premises until the purchaser has obtained a license in the purchaser's own name. If the application is withdrawn by the applicant or is denied by the commission, the previous license may be reinstated at the discretion of the commission upon request by the previous licensee.
(3) A license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, except that (a) executors or administrators of the estate of any deceased licensee, when such estate consists in part of alcoholic liquor, or a partnership or limited liability company upon the death of one or more of the partners or members, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court and may exercise the privileges of the deceased or deceased partner or member after the death of such decedent until the expiration of such license, but if such license would have expired within two months following the death of the licensee, the license may be renewed by the administrators or executors with the approval of the appropriate court for a period not to exceed one additional year; or (b) when a license is issued to a husband and wife, as colicensees with rights of survivorship, upon the death of one spouse the survivor may exercise all rights and privileges under such license in his or her own name. The trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court and may exercise the privileges of the insolvent or bankrupt licensee until the expiration of such license.
Source

Annotations

1. License is personal privilege


2. Rights of licensee


3. Miscellaneous


1. License is personal privilege


The payment of rent to a lessor based on a percentage of sales does not create a partnership between the lessor and lessee in violation of this section, which states that a liquor license is a privilege personal to the grantee, nor does it violate rules 20 and 14(E) of the Nebraska Liquor Control Commission, which prohibit any partner from sharing in profits arising from the granting of any liquor license. Department of Banking, Receiver v. Wilken, 217 Neb. 796, 352 N.W.2d 145 (1984).


A liquor license is a purely personal privilege, does not constitute property, and vests no property rights in a licensee. Bali Hai', Inc. v. Nebraska Liquor Control Commission, 195 Neb. 1, 236 N.W.2d 614 (1975).


Fact that license is a privilege does not prevent license holder from complaining of unconstitutional rules and regulations. Terry Carpenter, Inc. v. Nebraska Liquor Control Commission, 175 Neb. 26, 120 N.W.2d 374 (1963).


A license to sell liquors is purely a personal privilege and not transferable. Stevens v. Fall, 133 Neb. 610, 276 N.W. 401 (1937).


2. Rights of licensee


A liquor license is not such a property right as will be protected by injunction. Leeman v. Vocelka, 149 Neb. 702, 32 N.W.2d 274 (1948).


License to sell liquors is not alienable, transferable, or subject to encumbrance or hypothecation. Marsh & Marsh, Inc. v. Carmichael, 136 Neb. 797, 287 N.W. 616 (1939).


3. Miscellaneous


An agreement between lessor and lessee that lessee will apply for a license for the premises, and will not seek permission to transfer it to another location, and upon expiration of the lease will assist lessor in obtaining a license for the premises is not void. Greco v. Bonacci, 194 Neb. 685, 234 N.W.2d 904 (1975).


Licensee was in violation of this section when he permitted another to operate and control the business. Eleven Eighteen Co. v. Nebraska Liquor Control Commission, 191 Neb. 572, 216 N.W.2d 720 (1974).

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.