59-1714. Ongoing business, defined.
Ongoing business shall mean one which for at least six months previous to the sale:
(1) Has been operated from a specific given location;
(2) Has been open for business to the general public; and
(3) Has had all equipment and supplies necessary for operating the business located at the specific given location.
Source
Structure Nebraska Revised Statutes
Chapter 59 - Monopolies and Unlawful Restraint of Trade
59-501 - Sales; discrimination; when unlawful.
59-502 - Sales; unlawful discrimination; prima facie evidence.
59-503 - Purchases; discrimination; when unlawful.
59-504 - Purchases; unlawful discrimination; prima facie evidence.
59-505 - Unlawful discrimination; penalty.
59-506 - Unlawful discrimination; contracts void.
59-507 - Attorney General, county attorneys; duty to enforce sections.
59-801 - Restraint of trade or commerce; unlawful; penalty.
59-802 - Monopolizing trade or commerce; unlawful; penalty.
59-803 - Violation; property under contract forfeited.
59-805 - Restraint of trade; underselling; penalty.
59-806 - Holding companies; when unlawful.
59-807 - Books of record and papers; inspection by Attorney General.
59-810 - Second or subsequent violations; ouster; injunction.
59-811 - Second or subsequent violations; duty of Attorney General.
59-812 - Violators; actions against; joinder of parties.
59-813 - Violators; ouster; injunctions; business affected with a public interest; decree.
59-814 - Violators; parties to employment contract; injunction.
59-816 - Violation; company officers; personal liability.
59-818 - Seeking or receiving special advantages; transport of article; when unlawful; penalty.
59-819 - Violations; jurisdiction; powers of courts.
59-820 - Violations; civil proceedings; subpoena; may issue to any county.
59-821 - Violations; recovery of actual or liquidated damages; attorney's fees.
59-821.01 - Illegal overcharge or undercharge case.
59-823 - Violations; actions brought by state; advancement of cause; appeal.
59-824 - Violations; proceedings; evidence; discovery; privilege not allowed.
59-825 - Violations; proceedings; refusal to attend and testify; penalty.
59-826 - Violations; proceedings; perjury; penalty.
59-827 - Violations; proceedings; subornation of perjury.
59-829 - Antitrust action; construction; federal law.
59-831 - Violations; recovery; disposition.
59-1403 - License; tax; Department of Revenue; rules and regulations.
59-1403.01 - Music licensing agency; registration; fine; list of members.
59-1403.02 - Music licensing agency; duties; contract requirements.
59-1403.03 - Music licensing agency; disclosures; representative or agent; prohibited acts.
59-1403.04 - Department of Revenue; duties.
59-1403.05 - Act, how construed.
59-1404 - Copyright owner; assigns; licensees; benefits.
59-1405 - Discrimination in price; price changes; exceptions.
59-1406 - Violations; penalty.
59-1503 - Sale of cigarettes; unlawful acts; enumerated.
59-1504 - Sale of cigarettes; cost to retailer; filing with division.
59-1505 - Sale of cigarettes; cost to wholesaler; filing with division.
59-1506 - Sale of cigarettes; advertising, offers for sale, sales; combination sales.
59-1507 - Sale of cigarettes; sale by wholesaler to another wholesaler; sale price; limitation.
59-1508 - Sale of cigarettes; transactions excepted.
59-1509 - Sale of cigarettes; transactions permitted to meet lawful competition.
59-1510 - Sale of cigarettes; contracts void.
59-1511 - Sale of cigarettes; admissible evidence.
59-1512 - Sale of cigarettes; sales outside ordinary channels.
59-1513 - Sale of cigarettes; cost survey.
59-1514 - Cigarette tax division; rules and regulations.
59-1515 - Sale of cigarettes; actions; remedies.
59-1516 - Revocation of license; procedure; appeal.
59-1517 - Cigarette tax division; enforcement of sections.
59-1518 - Cigarette tax division; powers vested by other laws.
59-1523 - Disciplinary actions; contraband.
59-1524 - Deceptive trade practice.
59-1602 - Unfair competition; practices; unlawful.
59-1603 - Contracts, combinations, conspiracies in restraint of trade; unlawful.
59-1604 - Monopolies and attempted monopolies; unlawful.
59-1607 - Labor not an article of commerce.
59-1608 - Attorney General; restrain prohibited acts; costs; restoration of property.
59-1608.01 - Enforcement of act; venue.
59-1608.03 - Recovery under act; Attorney General; duties.
59-1608.04 - State Settlement Cash Fund; created; use; investment; transfer.
59-1608.05 - State Settlement Trust Fund; created; use; investment.
59-1609 - Civil action for damages.
59-1609.01 - Illegal overcharge or undercharge; damages; proof; court; powers.
59-1612 - Limitation of action.
59-1613 - Final judgment or decree; prima facie evidence in civil action; exception.
59-1614 - Civil penalties; Attorney General; duties.
59-1615 - Dissolution, suspension, or forfeiture of corporate franchise.
59-1616 - Personal service of process outside state.
59-1617 - Exempted transactions; applicability of provisions.
59-1618 - Agricultural products; producers; associations; form; requirements.
59-1620 - Contracts and agreements in restraint of trade; void; voidable.
59-1621 - Conspiracy in restraint of trade; findings; prima facie evidence.
59-1622 - Officers; liable for debts and obligations; when.
59-1701 - Legislative intent and findings; seller-assisted marketing plans.
59-1702 - Definitions; where found.
59-1703 - Seller-assisted marketing plan, defined.
59-1711 - Seller-assisted marketing plan contract or contract, defined.
59-1712 - Initial payment, defined.
59-1713 - Buy-back or secured investment, defined.
59-1714 - Ongoing business, defined.
59-1714.01 - License, defined.
59-1715 - Seller-assisted marketing plan; securities excluded.
59-1716 - Seller-assisted marketing plan; real estate or insurance transactions; excluded.
59-1717 - Seller-assisted marketing plan; sales under certain license; excluded.
59-1718 - Seller-assisted marketing plan; sale or lease to ongoing business enterprises; excluded.
59-1719 - Seller-assisted marketing plan; sale of an ongoing business; excluded.
59-1720 - Seller-assisted marketing plan; certain sale, lease, or offer; excluded.
59-1721 - Seller-assisted marketing plan; renewal or extension of existing plan; excluded.
59-1722 - Transaction involving the sale of a franchise; exempt; exception; conditions; fee.
59-1723 - Seller-assisted marketing plan; sale, lease, or offer; occurs; when.
59-1725 - Marketing plan; violations; investigations; director; powers.
59-1726 - Marketing plan; seller; use of certain phrases; prohibited.
59-1727 - Marketing plan; buy-back or security investment provision; invoked; entitlement.
59-1729 - Marketing plan; earning potential claim; substantiated by data.
59-1730 - Marketing plan; advertising; commercial symbol; requirements.
59-1731 - Marketing plan; advertisement; name and address of seller; required.
59-1732 - Seller-assisted marketing plan; potential purchaser; seller provide disclosure document.
59-1733 - Disclosure document; information; requirements.
59-1735 - Disclosure document; contents; requirements.
59-1736 - Seller; officers, directors, partners, managers; conviction or judgment; disclosure.
59-1737 - Disclosure document; disclose period of time plan sold or offered.
59-1738 - Disclosure document; disclose existence of bond or trust account.
59-1739 - Disclosure document; contain financial information; verification.
59-1740 - Disclosure document; contain unexecuted copy of marketing plan contract.
59-1741 - Seller-assisted marketing plan; contract for sale or lease; written; copy to purchaser.
59-1742 - Marketing plan contract; contents; requirements.
59-1743 - Marketing plan contract; purchaser; right to cancel; when.
59-1744 - Marketing plan contract; contain notice of right to cancel.
59-1745 - Marketing plan contract; execution of certain notes prohibited.
59-1746 - Marketing plan contract; downpayment; conditions.
59-1747 - Marketing plan contract; assignee; rights, defenses.
59-1748 - Reference to compliance with act; prohibited.
59-1749 - Marketing plan; seller; records required.
59-1750 - Seller-assisted marketing plan; service of process.
59-1751 - Seller; surety bond or trust account; establish; procedures.
59-1752 - Seller; noncompliance with act; contract; voidable; purchaser; remedies.
59-1753 - Seller; inadvertent defects; cure; purchaser; rights.
59-1754 - Seller; failure to deliver products; contract voidable.
59-1755 - Purchaser rights; cumulative.
59-1756 - Purchaser; waiver of rights; unenforceable.
59-1757 - Prohibited acts; violation; penalty; enforcement.
59-1758 - Violation; action for recovery of damages; award; statute of limitations.
59-1759 - Remedies; not exclusive.
59-1760 - Statutory or common-law rights; available.
59-1761 - Unfair competition and deceptive practices statutes; applicable.
59-1762 - Director of Banking and Finance; powers; rules and regulations.