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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1085
Introduced by Clouse, 37.
Read first time January 15, 2026
Committee: General Affairs
A BILL FOR AN ACT relating to the Nebraska Liquor Control Commission; to1
amend sections 53-103.47, 53-133, and 53-1,100, Reissue Revised2
Statutes of Nebraska, and section 53-132, Revised Statutes3
Cumulative Supplement, 2024; to define and redefine terms; to change4
provisions relating to retail, bottle club, craft brewery, and5
microdistillery licenses and commission duties and the process for6
the commission to issue retail licenses for which the local7
governing body recommended a denial; to change penalties; to8
harmonize provisions; and to repeal the original sections.9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 53-103.47, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
53-103.47 Bottle club means an operation, whether formally organized3
as a club having a regular membership list, dues, officers, and meetings4
or not, keeping and maintaining premises where persons who have made5
their own purchases of alcoholic liquor congregate to consume alcoholic6
liquor in or upon the premises for the express purpose of consuming7
alcoholic liquor upon the payment of a fee or other consideration.8
Sec. 2. Section 53-132, Revised Statutes Cumulative Supplement,9
2024, is amended to read: 10
53-132 (1) If no hearing is required pursuant to subdivision (1)(a)11
or (b) of section 53-133 and the commission has no objections pursuant to12
subdivision (1)(c) of such section, the commission may waive the forty-13
five-day objection period and, if not otherwise prohibited by law, cause14
a retail license, bottle club license, craft brewery license, or15
microdistillery license to be signed by its chairperson, attested by its16
executive director over the seal of the commission, and issued in the17
manner provided in subsection (4) of this section as a matter of course.18
(2) A retail license, bottle club license, craft brewery license, or19
microdistillery license may be issued to any qualified applicant if the20
commission finds that (a) the applicant is fit, willing, and able to21
properly provide the service proposed within the city, village, or county22
where the premises described in the application are located, (b) the23
applicant can conform to all provisions and requirements of and rules and24
regulations adopted pursuant to the Nebraska Liquor Control Act, (c) the25
applicant has demonstrated that the type of management and control to be26
exercised over the premises described in the application will be27
sufficient to insure that the licensed business can conform to all28
provisions and requirements of and rules and regulations adopted pursuant29
to the act, and (d) the issuance of the license is or will be required by30
the present or future public convenience and necessity.31
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(3) In making its determination pursuant to subsection (2) of this1
section the commission shall consider: 2
(a) The recommendation of the local governing body;3
(b) Evidence submitted by the applicant for a retail license under4
subdivision (2)(b) of section 53-133 that the city, village, or county5
issuing a recommendation of denial for an application acted arbitrarily6
and capriciously; 7
(c) (b) The existence of a citizens' protest made in accordance with8
section 53-133; 9
(d) (c) The existing population of the city, village, or county and10
its projected growth; 11
(e) (d) The nature of the neighborhood or community of the location12
of the proposed licensed premises; 13
(f) (e) The existence or absence of other retail licenses, bottle14
club licenses, craft brewery licenses, or microdistillery licenses with15
similar privileges within the neighborhood or community of the location16
of the proposed licensed premises and whether, as evidenced by17
substantive, corroborative documentation, the issuance of such license18
would result in or add to an undue concentration of licenses with similar19
privileges and, as a result, require the use of additional law20
enforcement resources; 21
(g) (f) The existing motor vehicle and pedestrian traffic flow in22
the vicinity of the proposed licensed premises; 23
(h) (g) The adequacy of existing law enforcement;24
(i) (h) Zoning restrictions; 25
(j) (i) The sanitation or sanitary conditions on or about the26
proposed licensed premises; and 27
(k) (j) Whether the type of business or activity proposed to be28
operated in conjunction with the proposed license is and will be29
consistent with the public interest; and . 30
(l) Whether the applicant or any affiliated entities of the31
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applicant are delinquent on any federal, state, or local taxes. For1
purposes of this subdivision, affiliated entities means any other2
corporation, partnership, or limited liability company that holds a3
liquor license under the Nebraska Liquor Control Act of which such4
applicant has an ownership interest in. 5
(4) Retail licenses, bottle club licenses, craft brewery licenses,6
or microdistillery licenses issued or renewed by the commission shall be7
mailed or delivered electronically to: 8
(a) The clerk of the city, village, or county who shall deliver the9
same to the licensee upon receipt from the licensee of proof of payment10
of (i) the license fee if by the terms of subsection (6) of section11
53-124 the fee is payable to the treasurer of such city, village, or12
county, (ii) any fee for publication of notice of hearing before the13
local governing body upon the application for the license, (iii) the fee14
for publication of notice of renewal as provided in section 53-135.01,15
and (iv) occupation taxes, if any, imposed by such city, village, or16
county except as otherwise provided in subsection (7) of this section; or17
(b) The licensee, upon confirmation from the clerk of the city,18
village, or county that the necessary fees and taxes described in19
subdivision (4)(a) of this section have been received by the clerk of20
such city, village, or county. 21
(5) Notwithstanding any ordinance or charter power to the contrary,22
no city, village, or county shall impose an occupation tax on the23
business of any person, firm, or corporation licensed under the act and24
doing business within the corporate limits of such city or village or25
within the boundaries of such county in any sum which exceeds two times26
the amount of the license fee required to be paid under the act to obtain27
such license. 28
(6) Each license shall designate the name of the licensee, the place29
of business licensed, and the type of license issued.30
(7) Class J retail licensees shall not be subject to occupation31
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taxes under subsection (4) of this section. 1
Sec. 3. Section 53-133, Reissue Revised Statutes of Nebraska, is2
amended to read: 3
53-133 (1) The commission shall set for hearing before it any4
application for a retail license, bottle club license, craft brewery5
license, or microdistillery license relative to which it has received:6
(a) Within forty-five days after the date of receipt of such7
application by the city, village, or county clerk, a recommendation of8
denial from the city, village, or county; 9
(b) Within ten days after the receipt of a recommendation from the10
city, village, or county, or, if no recommendation is received, within11
forty-five days after the date of receipt of such application by the12
city, village, or county clerk, objections in writing by not less than13
three persons residing within such city, village, or county, protesting14
the issuance of the license. Withdrawal of the protest does not prohibit15
the commission from conducting a hearing based upon the protest as16
originally filed and making an independent finding as to whether the17
license should or should not be issued; 18
(c) Within forty-five days after the date of receipt of such19
application by the city, village, or county clerk, objections by the20
commission or any duly appointed employee of the commission, protesting21
the issuance of the license; or 22
(d) An indication on the application that the location of a proposed23
retail or bottle club establishment is within one hundred fifty feet of a24
church as described in subsection (2) of section 53-177 and a written25
request by the church for a hearing. 26
(2)(a) (2) Hearings upon such applications shall be in the following27
manner: Notice indicating the time and place of such hearing shall be28
mailed or electronically delivered to the applicant, the local governing29
body, each individual protesting a license pursuant to subdivision (1)(b)30
of this section, and any church affected as described in subdivision (1)31
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(d) of this section, at least fifteen days prior to such hearing. The1
notice shall state that the commission will receive evidence for the2
purpose of determining whether to approve or deny the application.3
Mailing or electronic delivery to the attorney of record of a party shall4
be deemed to fulfill the purposes of this section. The commission may5
receive evidence, including testimony and documentary evidence, and may6
hear and question witnesses concerning the application. The commission7
shall not use electronic delivery with respect to an applicant, a8
protestor, or a church under this section without the consent of the9
recipient to electronic delivery. 10
(b) Following a hearing pursuant to subdivision (2)(a) of this11
section, the commission may approve an application for a retail license12
that received a recommendation of denial from a city, village, or county13
if the proposed licensed premises for such retail license application14
does not include an area with a craft brewery or microdistillery license15
and the applicant proves that the city, village, or county issuing the16
recommendation of denial acted arbitrarily and capriciously in making the17
determination. 18
Sec. 4. Section 53-1,100, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
53-1,100 (1) Any person (a) who imports alcoholic liquor for21
distribution as a wholesaler or distributes or sells alcoholic liquor ,22
other than sale at retail, at any place within the state without having23
first obtained a valid license to do so under the Nebraska Liquor Control24
Act, (b) who manufactures alcoholic liquor other than spirits within the25
state without having first obtained a valid license to do so under the26
act, (c) who makes any false statement or otherwise violates any of the27
provisions of the act in obtaining any license under the act, (d) who,28
having obtained a license under the act, violates any of the provisions29
of the act with respect to the manufacture, possession, distribution, or30
sale of alcoholic liquor or with respect to the maintenance of the31
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licensed premises, or (e) who violates any other provision of the act for1
which a penalty is not otherwise provided, shall for a first offense be2
guilty of a Class IV misdemeanor and for a second or subsequent offense3
shall be guilty of a Class II misdemeanor. 4
(2) Any person who (a) manufactures spirits at any place within the5
state or (b) sells alcoholic liquor at retail without having first6
obtained a valid license to do so under the act shall be guilty of a7
Class I misdemeanor for a first offense and a Class IV felony for a8
second or subsequent offense. 9
(3) Each day any person engages in business as a manufacturer,10
wholesaler, retailer, or bottle club in violation of the act shall11
constitute a separate offense. 12
(4) In any prosecution in which a person is charged with an offense13
arising out of the failure to obtain a valid license as provided in14
subdivision (1)(a) or (b) or subsection (2) of this section, evidence of15
the failure of the accused to produce such license upon demand shall16
constitute prima facie proof that a license has not been issued by the17
commission to such person. 18
Sec. 5. Original sections 53-103.47, 53-133, and 53-1,100, Reissue19
Revised Statutes of Nebraska, and section 53-132, Revised Statutes20
Cumulative Supplement, 2024, are repealed. 21
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