This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Nebraska’s Liquor Control Commission

Nebraska’s Liquor Control Commission:

• The State of Nebraska’s liquor authority is the Liquor Control Commission.

• The phone number for the Liquor Control Commission is (402) 471-2571.
• The website for Nebraska’s Liquor Control Commission is: www.lcc.ne.gov
• The Nebraska Legislature is the body responsible for enacting the state’s alcohol laws.
• All agents and duly appointed staff of the Liquor Control Commission as well as any law enforcement officers have the right to enter any licensed premises.
• In an effort to deter minors from trying to obtain alcohol, some minors may be authorized to work with law enforcement officers to help determine compliance of proper sales practices by the licensees. Such compliance checks must follow the guidelines as set forth by the Nebraska State Patrol with input from Nebraska’s Liquor Control Commission.

Nebraska’s Liquor License

Under Nebraska State Law:

• Licensees must uphold all the liquor laws for the state of Nebraska.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• Licensees must renew their liquor licenses annually.
• Licensees must frame and post their liquor license in a prominent location.
• Retail licensees must post a sign warning pregnant women of the dangers of consuming alcohol on their unborn fetus. (Signs are available from the Liquor Control Commission.)
• Licensees must maintain their licensed establishments in sanitary conditions.
• Licensees may only store alcohol on their licensed premises.
• Licensees who sell beer kegs must obtain the proper identification and signature from the person purchasing the beer keg. Any kegs over 5 gallons require a keg sticker, which may be purchased from the Liquor Control Commission.

Licensees (and their employees) are prohibited from:

• Refusing to allow access or delaying access of any agents and duly appointed staff of the Liquor Control Commission as well as any law enforcement officers onto the licensed premises.
• Pouring or mixing any alcohol into the mouth of a customer.
• Offering such promotions as 2 for 1drink specials or single-priced, unlimited drink specials. (They may offer a food/drink combo at a promotional rate.)

• Offering, exchanging, selling, giving or delivering any alcohol to a person of limited mental capacity.
• Selling alcohol to a visibly intoxicated individual.
• Selling alcohol for re-sale.
• Refilling any empty containers of alcohol.
• Permitting unlawful acts to occur on the licensed premises such as gambling, prostitution and disturbances of the peace.

Licensees must display a sign, 20” by 14” with letters that are at least ¼ inch in height (available from the Liquor Control Commission) in a prominent location that states the following:

• WARNING TO PERSONS UNDER 21                       YOU ARE SUBJECT TO NOTIFICATION

OF PARENTS OR GUARDIAN AND YOU ARE SUBJECT TO A PENALTY OF UP TO $500 FINE 3 MONTHS IN JAIL OR BOTH IF YOU ARE UNDER 21 AND YOU CONSUME, PURCHASE, ATTEMPT TO PURCHASE, OR HAVE IN YOUR POSSESSION ALCOHOLIC LIQUOR IN THIS ESTABLISHMENT AND WARNING TO ADULTS YOU ARE SUBJECT TO A PENALTY OF UP TO $1000 FINE 1YEAR IN JAIL OR BOTH IF YOU ARE 21 OR OVER AND YOU PURCHASE ALCOHOLIC LIQUOR FOR A PERSON UNDER 21 AND WARNING TO PURCHASERS OF BEER KEGS PROPER IDENTIFICATION AND PURCHASER’S SIGNATURE ARE REQUIRED LAWS OF THE STATE OF NEBRASKA.

The following is the service hours for alcoholic beverages in the state of Nebraska:

• Alcohol may be sold Monday –Saturday from 6am to 1am for both on-premise as well as off-premise consumption.
• Alcohol may not be sold on Sunday for either unless exception is given by local ordinance.
• State statutes do not restrict sales of alcohol on election days but some local governments may restrict sales during the hours in which the voting polls are open.
• Consumption and possession of open alcoholic beverages may not occur on a licensed premise between the hours of 1:15am and 6am on any day.

Under Nebraska State Law, open containers of alcohol:

• Are prohibited from being consumed or possessed by anyone in a licensed establishment between the hours of 1:15am and 6am on any day. Some local ordinances require an earlier closing time so in such cases possession and consumption must cease within 15 minutes of closing time. (This law applies to customers, the licensee as well as all family, friends, associates and employees of the licensee. No excuses or ignorance of this law will be tolerated.)

Identification

Acceptable forms of identification in Nebraska are:

• State Drivers License (50 States)
• State ID Card (Issued by Nebraska only)
• Military ID
• Alien Registration Card
• Passport or Visa

A licensee may maintain such records as a separate book (available from the Liquor Control Commission) for the recording of each individual who has provided proof of their age in order to purchase alcohol.  Such records should include the following information:

• Name of the individual.
• Address of the individual.
• Signature of the individual.
• Date of purchase of the alcohol.
• Type of ID used.

Legal Intoxication Defined under Nebraska’s Liquor Laws

Under Nebraska State Law, legal intoxication is defined but not limited to the following signs:

• Loss of balance or muscle control including staggering, falling, tumbling, bumping into things, hitting head on bar, spilling or knocking over drinks and inability to pick up small objects like change.
• Behavior that is determined to be unusual, offensive, obnoxious, loud or unruly.
• Physical signs such as a flushed face, glassy or bloodshot eyes, thick tongue, muttering, slurred speech and uncontrollable voice pitch.
• Physical responses such as hiccups, vomiting and strong smell of alcohol.
• Physical appearance that has become messy and disheveled with regard to clothing, hair, etc.
• Use of profanity.
• Easily engaged in fighting.

Nebraska’s Laws Regarding Age

Nebraska’s laws regarding age:

• A person must be at least 21 years old to purchase alcohol.
• A person must be at least 19 years of age (unless specified differently by local ordinance) to serve or sell alcohol.
• At 16 years of age or older, a minor may be employed to buss, stock, sack or carry alcohol out of a licensed establishment but must be supervised by an adult at all times.
• It is prohibited to offer, exchange, sell, give or deliver any alcohol to a minor.
• Minors are prohibited from trying to obtain alcohol from a licensed establishment by misrepresenting their age or by any other means.
• A parent or legal guardian of a minor may not provide alcohol to the minor or allow the minor to try to possess or consume any alcoholic beverages under any circumstances.

The penalty for a minor who tries to obtain, purchase, possess or consume alcohol is:

• Possible imprisonment for up to 3 months.
• Possible fine up to $500.00.
• Possible imprisonment and fine.

The penalty for an adult who purchases alcohol on behalf of a minor is:

• Possible imprisonment for up to one year.
• Possible fine up to $1,000.00.
• Possible imprisonment and fine.

Should a licensee be charged with the illegal sale of alcohol made to a minor, the following shall be accepted as an absolute defense to the charge:

• The licensee/seller was acting in cooperation with a duly authorized law enforcement officer.
• The licensee/seller was acting with the knowledge of a duly authorized law enforcement officer.
• The minor/purchaser falsely represented that they were of legal age in writing and supported that claim with documentary proof.

• Any ordinary and prudent person would have believed that the appearance of the minor supported the claim of the documentary proof that was being presented by the minor.
• The licensee/seller was acting in good faith and relied upon the appearance of the minor/purchaser, the written verification and the documentary proof and believed that the minor/purchaser was truly of a legal age to purchase alcohol.

Criminal Liability Under Nebraska’s Liquor Laws

Under Nebraska’s liquor laws and regulations:

• An employee (even if a minor) could be held criminally liable for serving alcohol to an intoxicated individual.
• An employee (even if a minor) could be cited for serving alcohol to an intoxicated individual even if they were instructed to do so by their employer.

Additional Notes:

Credit Sales – A licensee may not provide or sell alcohol at retail to any individual on credit, on a sales order at the store, on a passbook or in exchange for merchandise or services rendered. Exceptions to this rule would include the use of a national credit card, Clubs holding a Class C license and restaurants and hotels for their customers

"Wine Doggy Bag" Rule - A restaurant holding a license to sell alcoholic liquor at retail for consumption on the licensed premises may permit a customer to remove one unsealed bottle of wine for consumption off the premises if the customer has purchased a full-course meal and consumed a portion of the bottle of wine with such full-course meal on the licensed premises. The licensee or his or her agent shall (i) securely reseal such bottle and place the bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been opened or tampered with and (ii) provide a dated receipt to the customer and attach to such bag a copy of the dated receipt for the resealed bottle of wine and the full-course meal.

(b) If the resealed bottle of wine is transported in a motor vehicle, it must be placed in the trunk of the motor vehicle or the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver of a passenger and the motor vehicle is not equipped with a trunk.

Minor Liability - 53-180 Sale to minors and incompetents; prohibited. No person shall sell, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent.

53-180.01 Minor misrepresenting age; unlawful. No minor shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.

53-180.02 Minor; prohibited acts; exception; governing bodies; powers. Except as provided in section 53-168.06, no minor may sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads, or highways, upon property owned by the State of Nebraska or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads, or highways, or upon property owned by the State of Nebraska or any subdivision thereof, except that a minor may consume, possess, or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.

The governing bodies of counties, cities, and villages shall have the power to, and may by applicable resolution or ordinance, regulate, suppress, and control the transportation, consumption, or knowing possession of or having under his or her control beer or other alcoholic liquor in or transported by any motor vehicle, by any person under twenty-one years of age, and may provide penalties for violations of such resolution or ordinance.

53-180.03 Minor; sale or gift to; misrepresenting age; parent or guardian; duties. No parent or guardian shall knowingly suffer or permit any minor, of whom he or she may be a parent or guardian, to violate the provisions of section 53-180.01 or 53-180.02.

53-180.04 Minors; warning notice; posting. Every licensee of a place where alcoholic liquor is sold at retail shall display at all times in a prominent place a printed card with a minimum height of twenty inches and a width of fourteen inches, with each letter to be a minimum of one-fourth inch in height, which shall read as follows:

WARNING TO PERSONS UNDER 21: YOU ARE SUBJECT TO NOTIFICATION OF PARENTS OR GUARDIAN AND YOU ARE SUBJECT TO A PENALTY OF UP TO $500 FINE 3 MONTHS IN JAIL OR BOTH IF YOU ARE UNDER 21 AND YOU CONSUME, PURCHASE, ATTEMPT TO PURCHASE, OR HAVE IN YOUR POSSESSION ALCOHOLIC LIQUOR IN THIS ESTABLISHMENT AND

WARNING TO ADULTS: YOU ARE SUBJECT TO A PENALTY OF UP TO $1000 FINE 1 YEAR IN JAIL OR BOTH IF YOU ARE 21 OR OVER AND YOU PURCHASE ALCOHOLIC LIQUOR FOR A PERSON UNDER 21 AND

WARNING TO PURCHASERS OF BEER KEGS: PROPER IDENTIFICATION AND PURCHASER'S SIGNATURE ARE REQUIRED LAWS OF THE STATE OF NEBRASKA

Source

   1. Laws 1951, c. 174, § 1(5), p. 664;

   2. Laws 1963, c. 313, § 1, p. 943;

   3. Laws 1969, c. 440, § 3, p. 1474;

   4. Laws 1980, LB 221, § 4;

   5. Laws 1980, LB 848, § 19;

   6. Laws 1984, LB 56, § 3;

   7. Laws 1985, LB 493, § 1;

   8. Laws 1993, LB 332, § 7;

   9. Laws 2001, LB 114, § 5.

53-180.05 Minors and incompetents; violations; penalties; false identification; penalty; law enforcement agency; duties. (1) Any person violating section 53-180 shall be guilty of a Class I misdemeanor. Any person violating any of the provisions of sections 53-180.01 to 53-180.03 shall be guilty of a Class III misdemeanor.

(2) Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.

(3) When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (2) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor's parent or guardian of the arrest.

53-180.06 Documentary proof of age; separate book; record; contents. (1) To establish proof of age for the purpose of purchasing or consuming alcoholic liquor, a person shall present or display only a valid driver's or operator's license, Nebraska state identification card, military identification card, alien registration card, or passport.

(2) Every holder of a retail license may maintain, in a separate book, a record of each person who has furnished documentary proof of age for the purpose of making any purchase of alcoholic liquor. The record shall show the name and address of the purchaser, the date of the purchase, and a description of the identification used and shall be signed by the purchaser.

53-180.07 Minors; licensee charged with sale; defenses. In any prosecution of or any proceeding against any licensee charged with having made a sale to a minor, proof of the following shall be an absolute defense to the charge:

(1)(a) The purchaser falsely represented in writing and supported with other documentary proof that he or she was of legal age to purchase alcoholic liquor;

(b) The appearance of such purchaser was such that an ordinary and prudent person would believe that such appearance conformed to any documentary description of appearance presented by the purchaser; and

(c) The seller was acting in good faith, in reliance upon the written representation, other documentary evidence, and the appearance of the purchaser, and in the belief the purchaser was of legal age to make such purchase; or

(2) The seller was acting with the knowledge of and in cooperation with a duly authorized law enforcement officer.