69-2705. Terms, defined.
For purposes of sections 69-2704 to 69-2711:
(1) Brand family means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s, and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes;
(2) Cigarette has the same meaning as in section 69-2702;
(3) Cigarette inputs means any machinery or other component parts typically used in the manufacture of cigarettes, including, without limitation, tobacco whether processed or unprocessed, cigarette papers and tubes, cigarette filters or any component parts intended for use in the making of cigarette filters, and any machinery typically used in the making of cigarettes;
(4) Days has the same meaning as in section 69-2702;
(5) Directory means the directory compiled by the Tax Commissioner under section 69-2706 or, in the case of references to another state's directory, the directory compiled under the similar law in that other state;
(6) Importer has the same meaning as in section 69-2702;
(7) Indian country has the same meaning as in section 69-2702;
(8) Indian tribe has the same meaning as in section 69-2702;
(9) Master Settlement Agreement has the same meaning as in section 69-2702;
(10) Nonparticipating manufacturer means any tobacco product manufacturer that is not a participating manufacturer;
(11) Nonparticipating manufacturer cigarettes means cigarettes (a) of a brand family that is not included in the certification of a participating manufacturer under subsection (1) of section 69-2706, (b) that are subject to the escrow requirement under subdivision (2) of section 69-2703 because the participating manufacturer in whose certification the brand family is included is not generally performing its financial obligations under the Master Settlement Agreement, or (c) of a brand family of a participating manufacturer that is not otherwise listed on the directory under subsection (2) of section 69-2706;
(12) Package means any pack or other container on which a state stamp or tribal stamp could be applied consistent with and as required by sections 69-2701 to 69-2711 and 77-2601 to 77-2622 that contains one or more individual cigarettes for sale. Nothing in such sections shall alter any other applicable requirement with respect to the minimum number of cigarettes that may be contained in a pack or other container of cigarettes. References to package do not include a container of multiple packages;
(13) Participating manufacturer has the same meaning as in section II(jj) of the Master Settlement Agreement;
(14) Person means any natural person, trustee, company, partnership, corporation, or other legal entity, including any Indian tribe or instrumentality thereof;
(15) Purchase means any acquisition in any manner or by any means for any consideration. The term includes transporting or receiving product in connection with a purchase;
(16) Qualified escrow fund has the same meaning as in section 69-2702;
(17) Retailer includes retail dealers as defined in section 77-2601 or anyone who is licensed under sections 28-1420 to 28-1422;
(18) Sale or sell means any transfer, exchange, or barter in any manner or by any means for any consideration. Sale or sell includes distributing or shipping product in connection with a sale;
(19) Shortfall amount means the difference between (a) the full amount of the deposit required to be made by a nonparticipating manufacturer for a calendar quarter under section 69-2703 and (b) the sum of (i) any amounts precollected by a stamping agent and deposited into escrow for that calendar quarter on behalf of the nonparticipating manufacturer under section 69-2708.01, (ii) the amount deposited into escrow by the nonparticipating manufacturer for that calendar quarter under section 69-2703, (iii) any amounts deposited into escrow for that calendar quarter under subdivision (2)(d) of section 69-2703 by an importer on such nonparticipating manufacturer's cigarettes, and (iv) any amounts collected by the state for that calendar quarter under the bond posted by the nonparticipating manufacturer under section 69-2707.01. The shortfall amount, if any, for a nonparticipating manufacturer for a calendar quarter shall be calculated by the Attorney General within fifteen days following the date on which the state determines the amount it will collect on the bond posted by the nonparticipating manufacturer as provided in section 69-2707.01;
(20) Stamping agent means a person that is authorized to affix stamps to packages or other containers of cigarettes under section 77-2603 or 77-2603.01 or any person that is required to pay the tobacco tax imposed pursuant to section 77-4008 on roll-your-own cigarettes;
(21) Tax Commissioner means the Tax Commissioner of the State of Nebraska;
(22) Tobacco product manufacturer has the same meaning as in section 69-2702;
(23) Units sold has the same meaning as in section 69-2702; and
(24) Unstamped cigarettes means any cigarettes that are not contained in a package bearing a stamp required under section 77-2603 or 77-2603.01.
Source
Structure Nebraska Revised Statutes
Chapter 69 - Personal Property
69-109 - Security interest; personal property; sale or transfer without consent; penalty.
69-110 - Security interest; personal property; removal from county; penalty.
69-202 - Permit required; fees; application, contents; issuance; bond.
69-203 - Permit; business location; prohibited activities.
69-204 - Records required; inspection; stolen property; procedures.
69-205 - Reports to police; when required.
69-206 - Pawned or secondhand goods; restrictions on disposition; jewelry defined.
69-208 - Violation; penalty; permit; suspension or revocation; procedure.
69-209 - Pawnbroker; limitation on sale of goods.
69-210 - Pawnbrokers; customer fingerprint required; restrictions on property accepted.
69-303 - Ophthalmic provider; contact lens prescription.
69-304 - Ophthalmic provider; registration; requirements.
69-307 - Rules and regulations.
69-310 - Contact lenses or spectacles; prescription; contents; release to patient.
69-311 - Operation of kiosk; conditions.
69-312 - Over-the-counter spectacles.
69-314 - Rules and regulations.
69-403 - Peace officer; right to inspect property and records.
69-404 - Secondary metals recycler; limitations on payment.
69-405 - Seller; age restriction; identification required.
69-406 - Limitation on metal beer keg purchase or receipt.
69-406.01 - Manhole cover or sewer grate; purchase or receipt; limitations; payment.
69-409 - Sections; how construed.
69-505 - Marking; inspections.
69-507 - Tax Commissioner; power to inspect; notice to State Fire Marshal.
69-508 - Attorney General; enforcement powers.
69-510 - Termination of act; conditions; preemption of local law.
69-511 - State Fire Marshal; rules and regulations.
69-1002 - Sale at auction; containers; labels; statement required.
69-1003 - Sale at auction; false statements; liability.
69-1004 - Sale at auction by carrier; when act inapplicable.
69-1005 - Violations; penalty.
69-1006 - Poultry; sales record; exceptions.
69-1007 - Poultry; sales record; violation; penalty.
69-1008 - Poultry; sale or delivery; false representations; penalty.
69-1102 - Violations; penalty.
69-1202 - Debt management; exceptions to act.
69-1204 - License; application; fees; bond; expiration; copy of contract.
69-1205 - License; application; investigation; issuance.
69-1206 - License; renewal; fee; bond.
69-1207 - License; Secretary of State; deny; revoke; suspend; nontransferable.
69-1208 - Rules and regulations; promulgation.
69-1209 - Licensee; contract with debtor required; contents.
69-1210 - Licensee; bank account; separate; books and records.
69-1211 - Licensee; examination; cost; payment.
69-1212 - Licensee; debtor; fee; agreement; limitations.
69-1214 - Licensee; acts forbidden.
69-1215 - Unlawful acts; penalty.
69-1216 - Limitation of actions.
69-1303 - Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.
69-1304 - Funds held or owing by any utility; presumed abandoned; when.
69-1305 - Stock, shareholding, or other intangible ownership interest; presumed abandoned; when.
69-1305.01 - Stock or other intangible ownership interest; applicability of act; conditions.
69-1305.02 - Credit memo; presumed abandoned; when.
69-1305.03 - Gift certificate or gift card; presumed abandoned; when.
69-1307.02 - Unpaid wages; presumed abandoned; when.
69-1307.03 - Retirement funds; presumed abandoned; when.
69-1307.04 - Mineral rights and proceeds; presumed abandoned; when.
69-1307.06 - Military medal; report and delivery to State Treasurer.
69-1307.07 - Military medals; State Treasurer; duties.
69-1308 - Other intangible property; general-use prepaid card; presumed abandoned; when.
69-1309 - Owner in another state; property not presumed abandoned; when.
69-1311 - Report of property presumed abandoned; notices; time; contents; exceptions.
69-1312 - Delivery of property to State Treasurer; exceptions.
69-1314 - Property paid or delivered to State Treasurer; owner not entitled to income.
69-1315 - Limitation of action; claim; effect.
69-1316 - Abandoned property; State Treasurer; sell; when; notice; title.
69-1318.01 - Payment with respect to support order obligor authorized.
69-1319 - Claim; hearing; decision; payment.
69-1320 - Claim; appeal; procedure.
69-1322 - Failure to report property; State Treasurer; powers and duties; holder; duties.
69-1323 - Refusal to deliver property; action to enforce delivery.
69-1324 - Failing to render report or refusing to pay or deliver property; penalty.
69-1325 - State Treasurer; rules and regulations; adopt.
69-1326 - Property exempt from act.
69-1330 - Certain unclaimed property; disposition.
69-1331 - Unclaimed property; sale; disposal; procedure.
69-1332 - Unclaimed property; sale proceeds; disposition.
69-1501 - Retailer; contract; termination; reimbursement for implements, machinery, and parts.
69-1502 - Prices for implements, machinery, and parts; how determined.
69-1504 - Retail dealer; majority stockholder; death; settlement with heirs.
69-1602 - Disclosure obligations.
69-1603 - Right to cancel; manner of cancellation.
69-1604 - Notice of right to cancel; form; foreign language; when delivered; time; exception.
69-1605 - Cancellation, effect.
69-1606 - Duty of buyer; failure of seller to take possession; performance of service, how treated.
69-1607 - Sale made in violation of sections; buyer recovery.
69-1701 - Outdoor advertising sign; removal by public body; compensation; how determined; exception.
69-1702 - Nonconforming advertising sign; conformance required; when.
69-1804 - Manufacturer; provide information.
69-1805 - Supplier of turquoise; provide information.
69-1808 - Violations; penalty.
69-1903 - Distribution for promotional purposes prohibited.
69-1904 - Enforcement; penalty.
69-2002 - Definitions, where found.
69-2003 - Biodegradable, defined.
69-2004 - Degradable, defined.
69-2005 - Photodegradable, defined.
69-2006 - Recyclable, defined.
69-2008 - Beverage container connectors; requirements.
69-2009 - Garbage bags; requirements.
69-2010 - Grocery or shopping bags; requirements.
69-2011 - Disposable diapers; requirements; Director of Environment and Energy; duties.
69-2012 - Violations; penalty.
69-2102 - Legislative findings.
69-2104 - Lessor; disclosures required.
69-2105 - Disclosures; how made; rules and regulations; agreement; contents.
69-2106 - Written receipt; required; when.
69-2107 - Agreements; prohibited provisions.
69-2108 - Agreement; contents.
69-2109 - Lessor; prohibited acts.
69-2110 - Fees; deposits; charges.
69-2111 - Renegotiation; when; extension; effect.
69-2112 - Advertisement; requirements.
69-2113 - Lessor; liability; offset, not permitted; lessor; preserve evidence.
69-2114 - Actions; statute of limitations.
69-2115 - Lessor; not liable; when.
69-2116 - Director of Banking and Finance; investigations; other proceedings; powers.
69-2117 - Cease and desist order; fine; injunction; procedures; appeal.
69-2118 - Examination of books and records.
69-2119 - Personal jurisdiction over lessor.
69-2201 - Unsolicited goods or merchandise; disposal.
69-2303 - Personal property remaining on premises; landlord; duties; notice; contents; delivery.
69-2304 - Notice; statement required.
69-2306 - Landlord; property; removal and storage; liability.
69-2307 - Landlord; release of personal property; when.
69-2309 - Release or disposition of personal property; liability of landlord.
69-2310 - Costs of storage; how assessed.
69-2312 - Landlord retaining personal property; civil action authorized.
69-2313 - Lost personal property; disposition; liability.
69-2314 - Remedy; not exclusive.
69-2401 - Legislative findings and declarations.
69-2403 - Sale, lease, rental, and transfer; certificate required; exceptions.
69-2404 - Certificate; application; fee.
69-2405 - Application; chief of police or sheriff; duties; immunity.
69-2406 - Certificate; denial or revocation; appeal; filing fee.
69-2407 - Certificate; contents; term; revocation.
69-2408 - False information on application; other violations; penalties; confiscation of handgun.
69-2410 - Importer, manufacturer, or dealer; sale or delivery; duties.
69-2411 - Request for criminal history record check; Nebraska State Patrol; duties; fee.
69-2412 - Records; confidentiality; destruction.
69-2413 - Nebraska State Patrol; toll-free telephone number; personnel.
69-2414 - Records; amendment; procedure.
69-2415 - Records; rules and regulations.
69-2416 - Licensed importer, manufacturer, or dealer; compliance not required; when.
69-2417 - Nebraska State Patrol; licensee; liability defense; when.
69-2418 - Instant criminal history record check; requirements; exemptions.
69-2419 - Criminal history records; prohibited acts; violation; penalty.
69-2420 - False statement; false identification; prohibited acts; violation; penalty.
69-2421 - Sale or delivery; violation; penalty.
69-2422 - Obtaining handgun for prohibited transfer; violation; penalty.
69-2423 - Nebraska State Patrol; annual report; contents.
69-2424 - Rules and regulations.
69-2425 - City or village ordinance; not preempted.
69-2426 - Dealers of firearms; distribution of information; Firearm Information Fund; created.
69-2428 - Permit to carry concealed handgun; authorized.
69-2430 - Application; form; contents; prohibited acts; penalty; permit issuance; denial; appeal.
69-2431 - Fingerprinting; criminal history record information check.
69-2433 - Applicant; requirements.
69-2434 - Permit; design and form.
69-2435 - Permitholder; continuing requirements; return of permit; when.
69-2436 - Permit; period valid; fee; renewal; fee; notice of expiration.
69-2437 - Permit; nontransferable.
69-2438 - Limitation on liability.
69-2439 - Permit; application for revocation; prosecution; fine; costs.
69-2442 - Injury to person or damage to property; permitholder; report required.
69-2443 - Violations; penalties; revocation of permit.
69-2444 - Listing of applicants and permitholders; availability; confidential information.
69-2445 - Carrying concealed weapon under other law; act; how construed.
69-2446 - Rules and regulations.
69-2447 - Department of Motor Vehicles records; use and update of information.
69-2448 - License or permit issued by other state or District of Columbia; how treated.
69-2449 - Information to permitholder regarding lost or stolen handgun or firearm.
69-2503 - Conformity with industry standards; codes required; department; duties.
69-2504 - Violations; penalty; enforcement duties.
69-2506 - Administrative costs; limitation; payment.
69-2602 - Definitions, where found.
69-2603 - Assistive device, defined.
69-2604 - Assistive device dealer, defined.
69-2605 - Assistive device lessor, defined.
69-2606 - Collateral costs, defined.
69-2608 - Demonstrator, defined.
69-2609 - Major life activity, defined.
69-2610 - Manufacturer, defined.
69-2611 - Nonconformity, defined.
69-2612 - Reasonable allowance for use, defined.
69-2613 - Reasonable attempt to repair, defined.
69-2614 - Manufacturer; express warranty; requirements.
69-2615 - Manufacturer; consumer; assistive device lessor; duties.
69-2616 - Returned assistive device; resale or subsequent lease; lease; enforcement.
69-2617 - Rights and remedies.
69-2618 - Rental assistive device reimbursement; when.
69-2701 - Tobacco Enforcement Fund; created; use; investment.
69-2702 - Tobacco product manufacturer; terms, defined.
69-2703 - Tobacco product manufacturer; requirements to sell within the state.
69-2703.01 - Unconstitutionality of amendatory provision; effect.
69-2704 - Legislative findings.
69-2707 - Nonresident or foreign nonparticipating manufacturer; agent for service of process.
69-2708 - Stamping agent; duties; Tax Commissioner; Attorney General; powers.
69-2708.01 - Stamping agent; responsible for escrow deposits; when; liability; calculation.
69-2710 - Removal from directory; procedure.
69-2710.01 - Report; contents.