Nebraska Revised Statute 53-103

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53-103. Definitions, where found.

For purposes of the Nebraska Liquor Control Act, the definitions found in sections 53-103.01 to 53-103.43 apply.

Source

    Laws 1935, c. 116, § 2, p. 374;
    C.S.Supp.,1941, § 53-302;
    R.S.1943, § 53-103;
    Laws 1961, c. 258, § 1, p. 757;
    Laws 1963, c. 310, § 1, p. 919;
    Laws 1963, Spec. Sess., c. 4, § 1, p. 66;
    Laws 1963, Spec. Sess., c. 5, § 1, p. 71;
    Laws 1965, c. 318, § 2, p. 886;
    Laws 1965, c. 319, § 1, p. 904;
    Laws 1969, c. 298, § 1, p. 1072;
    Laws 1971, LB 234, § 2;
    Laws 1971, LB 752, § 1;
    Laws 1972, LB 1086, § 2;
    Laws 1973, LB 111, § 1;
    Laws 1980, LB 221, § 2;
    Laws 1980, LB 848, § 1;
    Laws 1981, LB 483, § 1;
    Laws 1983, LB 213, § 2;
    Laws 1984, LB 56, § 1;
    Laws 1985, LB 183, § 1;
    Laws 1985, LB 279, § 2;
    Laws 1986, LB 871, § 1;
    Laws 1986, LB 911, § 2;
    Laws 1987, LB 468, § 1;
    Laws 1988, LB 490, § 4;
    Laws 1988, LB 901, § 2;
    Laws 1988, LB 1089, § 2;
    Laws 1989, LB 154, § 1;
    Laws 1989, LB 441, § 2;
    Laws 1991, LB 344, § 5;
    Laws 1993, LB 121, § 317;
    Laws 1994, LB 859, § 2;
    Laws 1994, LB 1313, § 2;
    Laws 1996, LB 750, § 1;
    Laws 1996, LB 1090, § 1;
    Laws 1999, LB 267, § 2;
    Laws 2001, LB 114, § 2;
    Laws 2001, LB 278, § 1;
    Laws 2003, LB 536, § 2;
    Laws 2004, LB 485, § 3;
    Laws 2006, LB 562, § 1;
    Laws 2007, LB549, § 2;
    Laws 2008, LB1103, § 1;
    Laws 2009, LB137, § 1;
    Laws 2009, LB355, § 2;
    Laws 2010, LB788, § 1;
    Laws 2010, LB861, § 8;
    Laws 2012, LB824, § 2.

Annotations

The portion of this section amended by 1986 Neb. Laws, L.B. 911, is declared unconstitutional. Bosselman, Inc. v. State, 230 Neb. 471, 432 N.W.2d 226 (1988).

The change in definition of minor did not relieve from penalty one who was twenty years of age at time of commission of offense but was not sentenced until after the definition was changed. State v. Duitsman, 186 Neb. 39, 180 N.W.2d 685 (1970).

Amendment to this section, made by Chapter 5, Seventy-fourth Extraordinary Session of the Legislature, 1963, was unconstitutional because not within the Governor's call. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).

Although organized as private club, evidence established that it was operated as private business of an individual. State ex rel. Fitzgerald v. Kubik, 167 Neb. 219, 92 N.W.2d 533 (1958).

Definition of term alcoholic liquors includes beer. Phelps Inc. v. City of Hastings, 152 Neb. 651, 42 N.W.2d 300 (1950).

Plaintiff did not come within statutory definition of club. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).

The Liquor Control Act provides for the issuance by Liquor Control Commission of a license to sell alcoholic liquors which are defined by the act to include alcohol, spirits, wine and beer. Hanson v. Gass, 130 Neb. 685, 267 N.W. 403 (1936).

Despite absence of severance clause, ordinance which provided several distinct and separate grounds upon which to base revocation of liquor licenses was not rendered invalid in its entirety by reason of invalidity of some portions. Clark v. City of Fremont, 377 F.Supp. 327 (D. Neb. 1974).