Nebraska Revised Statute 53-1,100

Chapter 53 Section 1,100

53-1,100.

Violations; general penalties.

(1) Any person (a) who imports alcoholic liquor for distribution as a wholesaler or distributes or sells alcoholic liquor at any place within the state without having first obtained a valid license to do so under the Nebraska Liquor Control Act, (b) who manufactures alcoholic liquor other than spirits within the state without having first obtained a valid license to do so under the act, (c) who makes any false statement or otherwise violates any of the provisions of the act in obtaining any license under the act, (d) who, having obtained a license under the act, violates any of the provisions of the act with respect to the manufacture, possession, distribution, or sale of alcoholic liquor or with respect to the maintenance of the licensed premises, or (e) who violates any other provision of the act for which a penalty is not otherwise provided, shall for a first offense be guilty of a Class IV misdemeanor and for a second or subsequent offense shall be guilty of a Class II misdemeanor.

(2) Any person who manufactures spirits at any place within the state without having first obtained a valid license to do so under the act shall be guilty of a Class I misdemeanor for a first offense and a Class IV felony for a second or subsequent offense.

(3) Each day any person engages in business as a manufacturer, wholesaler, retailer, or bottle club in violation of the act shall constitute a separate offense.

(4) In any prosecution in which a person is charged with an offense arising out of the failure to obtain a valid license as provided in subdivision (1)(a) or (b) or subsection (2) of this section, evidence of the failure of the accused to produce such license upon demand shall constitute prima facie proof that a license has not been issued by the commission to such person.

Source

  • Laws 1935, c. 116, § 63, p. 409;
  • C.S.Supp.,1941, § 53-363;
  • R.S.1943, § 53-1,100;
  • Laws 1945, c. 128, § 1, p. 411;
  • Laws 1949, c. 170, § 1, p. 450;
  • Laws 1977, LB 40, § 319;
  • Laws 1991, LB 344, § 70;
  • Laws 2016, LB1105, § 31;
  • Laws 2018, LB1120, § 28.
  • Effective Date: July 19, 2018

Annotations

  • It is a penal offense for owner and operator of a truck, who has not been designated as a carrier of alcoholic liquor or granted a permit, to transport from another state a cargo of unstamped alcoholic liquors, consigned to a bonded warehouse in this state. State v. Hyslop, 131 Neb. 681, 269 N.W. 512 (1936).