Coupons are only permitted if they are managed by the licensed retailer in-house. These coupons may be made available by distribution on the licensed premise, by printing in news media, general resident mailing service, email, or social media. “Manufacturer’s Coupons” are not permitted in the state of Nebraska for redemption at the retailer.

Retailers may also distribute gift certificates provided the certificates are redeemed in full at the time the consumer presents it to the retailer. No credit can be carried after the initial redemption of the certificate.

Manufacturer’s rebates are permitted if they are direct to the consumer by the manufacturer or clearing house and are not utilized at point-of-sale at the retailer’s location.

Yes, all manufacturers, Nebraska craft breweries, microdistilleries, and farm wineries must register their brands.

The fee is currently set at $20 for the lifetime of the brand.

NLCC requires that brands be affirmed to be in use once a year, there is currently no fee.

In any instance where the TTB (Tax and Trade Bureau) or FDA (Food and Drug Administration) would require the issuance of a new label approval a new brand registration application would need to be submitted to the Nebraska Liquor Control Commission.

No, only holders of a shipping license, Nebraska craft breweries, microdistilleries, farm wineries, and manufacturers need to register brands. Retailers can utilize the brand registration to learn which wholesalers may carry brands that they would wish to purchase or to find out what is available in the State of Nebraska for sale.

• Yes, a wholesaler does need to be selected during the brand registration process if applicable.
• Holders of a Direct To Consumer Shipping License (S1), Nebraska craft brewery, microdistillery, or farm winery license may select themselves as the wholesaler for the purposes of sales to consumers or sales to retailers if they do not have a wholesaler.

The only products that Nebraska collects ABV info on is for the purpose of classification, as Hard Ciders of 8.5% ABV and below are classified as beer, and spirit based ready-to-drink (RTD) cocktails of 12.5% and below are classified as RTD Cocktails for taxation purposes.

Yes

Sole source could be removed, however there needs to be language designating you as the primary source:

• (b) If the licensed manufacturer, licensed wholesaler, or holder of a shipping license is not the product manufacturer, such licensee shall also include with such form a separate letter from the product manufacturer designating such licensee as the primary source of supply in the United States or the sole source of supply in Nebraska. A separate letter is required for each primary source.

Authorized Agent” is a permitted phrasing in primary source letters.

No, all approvals must be granted by staff.

The name of the product, not the name of the Company. Field 7 is more correct.

Class is based on Nebraska Classifications

• Beer
• Hard Cider below 8.5% ABV
• Spirit based RTD Cocktails below 12.5% ABV
• Wine
• Spirits

• The software does not support bulk uploads for registration.
• Multiple products can be registered through one application for one payment.

• Brands must be approved prior to shipment into the State of Nebraska.
• Brands manufactured by Nebraska Craft Breweries, Microdistilleries, and Farm Wineries may be offered for sale only in the taproom prior to approval, but an application must be submitted.

The Nebraska Liquor Control Commission follows TTB guidance and the statement by the TTB formula office determines whether an alcoholic kombucha is wine or beer.

Yes. Nebraska Revised Statute 53-160.02  regulates the manufacture, distribution, sale, and purchase of near beer in the same manner as regular beer for all things excluding taxation. Near beer is defined as beer containing less than .5% ABV.

• Only those brands that are not registered under the shipping agent need to be registered with the S1 license.
• All wineries that are operating as a direct shipper under their own separate license who are operating with an Agent need to notify the NLCC that they have brands registered under both themselves and under an agent’s license

NLCC is not recording vintages.

All Hard Cider with an ABV above 8.5% is considered a wine.

• All sales to retailers must be paid for upon delivery or by the means laid out in Chapter 6 015 Acceptable Means of Payment in the Rules And Regulations of the Liquor Control Commission.
• No credit shall be extended to retailers for the purchase of beer. (Nebraska Revised Statute 53-168 (1))

• Sales to Retailers will be reported on the “Sales to Nebraska Retailers” section of the monthly excise tax return.
• Invoices must be included for the first three (3) months of self-distribution for a craft brewery.
• After the first three months a spreadsheet may be included in lieu of invoices providing the spreadsheets include the following:
  • Name of retailer
  • Address of retailer
  • Product names
  • Product sizes
  • Total gallonage sold to retailer

Must be owned or leased by the craft brewery

• Employees must only work for one craft brewery for the purposes of delivery.
• Craft Breweries shall not pool resources for delivery.

Requests for offsite storage must be made to the Commission before offsite storage is granted.

• Requests will be on a form as provided by the Commission.
• There shall be no consumption on the premise of any alcoholic beverages.
• A perpetual inventory must be kept at both the offsite location as well as the primary brewery location of what is stored at the offsite location.
• Product transferred to the offsite storage must be tax paid.
  • Offsite product shall be reported under “Month End Inventory” report group on the “Taxable Transfers to Off-Site Storage” line.
  • Transfers to Wholesalers, Retailers, or to the Taproom from Off-site storage shall be reported on the respective lines under the Month End Inventory report group.
• All offsite locations must comply with general licensing requirements for location, health, and fire.

All product shall be reported for tax when transferred to the serving tanks.

• Sales to Wholesalers, Retailers, from the serving tanks shall be reported on the respective lines under the Month End Inventory report group.

• General restrictions for cocktails to go are as follows:
  • The buyer is at least 21 years old
  • The drink has not been partially consumed
  • The container is labeled with appropriately with the establishment’s name.
  • The container is sealed with a tamper-evident lid
  • The container is placed in the trunk of a motor vehicle or in the area behind the last upright seat of the vehicle if no trunk is present if it is not normally occupied by a passenger or the driver
• A Class C license holder is not required to sell the cocktails-to-go with food.
• A Class I license holder is required to sell the cocktails-to-go with food because the license does not have the same off-sale rights as those granted by a Class C License.

• The use of a drive thru window is not permitted, as it is impossible to deposit the alcohol into the areas stated above.

Yes there are no restrictions on selling alcohol on Election Day in Nebraska law.

There is no NLCC regulation or state statute that prohibits minors from being in a bar at any time, however their may be some local ordinance that sets specific hours and circumstances were minors may be in liquor establishments – check with your city and or county clerk for more information.

There is no NLCC regulation or state statute that prohibits bartenders or other staff members from consuming alcohol while on duty, however their may be a local ordinance – check with your city and or county clerk for more information. However it is not allowed for a staff member to be visibly intoxicated and consuming alcohol while on duty or on the license premise.

There is no NLCC regulation or state statute that prohibits anyone from being inside a business holding a liquor license after legal hours of sale as long as alcohol is not being consumed.

No, there are no exceptions to alcohol being consumed or sold after hours.

The liquor license holder and their employees are responsible for complying with the liquor control act and NLCC regulations even if the business is closed to the public for an event.

Yes as long as there isn’t any gambling for a more detailed explanation of gambling see the Gambling FAQ Link.

At 16 years old, an employee may stock, sack and carry out alcoholic beverages from licensed establishments. This employee must be supervised by a person 21 years of age or older (can be the customer/purchaser) 

At 19 years old, an employee may serve, sell and dispense alcoholic beverages. They may also place orders and accept deliveries of alcoholic beverages from a licensed wholesaler at the premise.

A: The Nebraska Department of Revenue, Charitable Gaming Division (http://www.revenue.nebraska.gov/gaming) may be contacted for information on keno, bingo, pickle cards, lotteries, raffles, gift enterprises, and cash devices. 

The Nebraska State Racing and Gaming Commission (http://racingcommission.nebraska.gov) may be contacted for information on horse racing and casinos in Nebraska.

Yes, legal forms of gambling such as pickle cards, keno, cash devices, and the Nebraska Lottery may be permitted at locations that are licensed with the Nebraska Liquor Control Commission.

Wagering or betting on football or other sporting events. Football, baseball, and basketball pools are not legal forms of gambling regardless of the dollar amount wagered. Any games or schemes determined by chance, which require the participant to pay a fee to enter, are not legal.

Video games (cash devices) that are legal in Nebraska are considered mechanical amusement devices which produce an outcome predominantly caused by skill and not by chance. These video games have been submitted to an independent testing laboratory and the results have been reviewed and approved by the Charitable Gaming Division. The video games must have a decal affixed to each device for the current calendar year. The decals are issued by the Charitable Gaming Division. If you have questions or concerns, please contact the Charitable Gaming Division directly at https://revenue.nebraska.gov/about/contact-us.

If any evidence of any illegal gambling is found in a licensed establishment, the owner or manager of the establishment may be cited to appear in county court. If found guilty, the owner or manager may be fined or placed in jail. This may also result in the liquor license being revoked, cancelled or suspended.

If illegal cash devices are operated at a business, the devices may be subject to seizure and additional penalties.

All Nebraska revised statutes can be found on the Nebraska Unicameral Legislature, Laws of Nebraska web site https://www.legislature.ne.gov. Gambling is found in Chapter 28 – Crimes and Punishments, Sections 28-1101 through 1117.

Charitable Gaming Statutes can be found in Chapter 9, Sections 201 through 841 and Chapter 77 – Revenue and Taxation, Sections 3001 through 3011.

Yes, the Liquor Control Act does not bar the sale of alcohol on Election Days.

• The Liquor Control Act does not regulate the entry of minors in a bar.
• Local city or county ordinances may exist that bar the entry of minors into an establishment. Check with your local clerk.

• The Liquor Control Act does not regulate the ability of bartenders or staff to drink on duty, however it is illegal for them to be intoxicated or overserved.
• Check with your local governing body regarding this prohibition as local governments may have ordinances against drinking on the clock.

Chapter 6 019.01N of the Rules and Regulations

• The Liquor Control Act regulates only those hours in which alcohol can be served and sold. Individuals may be in an establishment after those hours so long as there is no alcohol open or present outside of storage areas.

Nebraska Revised Statute 53-179

• No, there are no exceptions to alcohol being consumed or sold after hours.

Nebraska Revised Statute 53-179

• The liquor license holder and their employees are responsible for complying with the liquor control act and NLCC regulations even if the business is closed to the public for an event.

Nebraska Revised Statute 53-117, 53-1,101, 53-1,102

Yes, as long as there is no gambling for a more detailed explanation of gambling see the full gambling FAQ.

• An employee may stock or clean up alcoholic containers, carry alcoholic liquor from an establishment to a vehicle, and complete a transaction, such as at a restaurant with separate servers and tellers, at the age of 16. They shall not check IDs or serve any alcohol.
• An employee can serve and sell alcohol at the age of 19.

Nebraska Revised Statute 53-186.06

• No credit exceeding 30 days shall be extended to retailers for the purchase of spirits. (Nebraska Revised Statute 53-168 (1))
• Retailers who fail to pay invoices within 30 days may be reported to the Commission by reporting delinquent credit VIA the POSSE Customer Portal

• Sales to Retailers will be reported on the “Spirit Sales to Nebraska Retailers” section of the monthly excise tax return.
• Invoices must be included for the first three (3) months of self-distribution for a microdistillery.
• After the first three months a spreadsheet may be included in lieu of invoices providing the spreadsheets include the following:
  • Name of retailer
  • Address of retailer
  • Product names
  • Product sizes
  • Total gallonage sold to retailer

Employees must only work for one microdistillery for the purposes of delivery.

Yes. Microdistilleries may request two different types of off-site storage, a tax-paid finished product warehouse and a rickhouse whose purpose is for the barrel-aging of spirits.

Requests for offsite storage must be made to the Commission before offsite storage is granted.

• Requests shall be made through the POSSE Customer Portal utilizing the “Request for Off-site Storage” amendment
• There shall be no consumption on the premise of any alcoholic beverages.
• A perpetual inventory must be kept at both the offsite location as well as the primary distillery location of what is stored at the offsite location.
• Product transferred to the offsite storage must be tax paid.
  • Offsite product will be reported under “Internal Sales” as “Transfer to Offsite Storage”
  • Any product sold to Nebraska Wholesalers, Nebraska Retailers, or Out of State from the offsite storage shall be reported as follows:
    • On “Internal Sales” the product will be reported as “Sales to Nebraska Wholesaler,” “Sale to Nebraska Retailer,” or “Sale out of State” as a negative number reflecting the gallonage being sold to the respective area removed from the offsite storage.
    • For Sales to Nebraska Wholesalers the product will be reported as normal on the “Sales to Nebraska Wholesalers” form.
    • For Sales to Nebraska Retailers sales will be reported as outlined above.
    • For Sales to Out of State sales will be reported as normal as “Shipments Out-of-State” with the normal record requirements.
• Offsite storage cannot be used for the barrel aging of spirits as all transfers to offsite storage must be tax-paid.
• A rickhouse may be applied for using the same methods above, but with the following requirements:
  • Federal DSP must be amended to include non-contiguous areas
  • DSP must be the same as the rickhouse area.
  • Shall be a bonded area for which only the aging of spirits shall occur.
• All offsite locations must comply with general licensing requirements for location, health, and fire.

• If the alcohol is being sold – you MUST have an SDL.
  • Paying for the drink
  • Paying for a ticket or entry fee to get into the event
  • Auctions where alcohol is in the gift basket/prize
  • Donations made to the non-profit organization holding the event

Any advertising on social media, in the newspaper, on TV or posted locally you MUST have an SDL.

• If you are not the holder of license for that location, you MUST have an SDL.
  • Whoever is receiving the funds from the sale of the alcohol MUST have an SDL.

Anyplace that is open to the public or accessible to the public, you MUST have an SDL.

• Private events are by invitation only with a strict guest list.
  • Nobody not on the list is allowed entry into the event
    • Weddings with a plus 1 are not private events.
  • Absolutely no money exchanged for alcohol or entry into the event.
  • No advertising for the event
  • No social media postings of the event
• 53-186.01 does not specify what open to the public means, so NLCC takes a commonsense approach:
  • If there is a guest list prepared in advance and no persons not on the list is allowed entry
  • If there is no advertising of the event
  • If there are no social media postings of the event
    • Then NLCC deems it a private event and would agree no liquor license is required. However, if the list is ignored and public access is granted to the event and there is uncontrolled access to the alcohol then it would not be considered a private event.

• For outdoor events the area where alcohol will be allowed must be enclosed by fencing or natural barriers
  • Snow fencing, cattle panels, chain link, and natural barriers such as tree lines, body of water, railroad tracks and buildings are acceptable
  • Rope fencing is NOT acceptable

• Alcohol can only be donated by a Nebraska licensed wholesaler or manufacturer to a nonprofit organization.
  • You will need to request an exemption to receive donated product
• Monetary donations may be accepted to purchase product in lieu of accepting donated product

• If alcohol is included in the winnings of an auction that is considered selling alcohol, and you MUST have an SDL.

Yes per §53-168.06

Federal regulation 25.205 indicates 200 gallons per calendar year if there are two or more adults residing in the household, or 100 gallons per calendar year if there is only one adult residing in the household. Any adult is any individual who is 21 years of age or older. All rules and statutes apply for over service, serving to minors, etc.

No per §53-168.06. You must be licensed in order to receive profits from the sale of alcohol. (§53-1,100)

No, this is considered soliciting monetary compensation and is considered selling product.

The home brewer is responsible for all signs.

No, home brewers are just that, home brewers. They can be recognized as belonging to a home brewers club, but must be labeled as a home brewer.

Yes! If all home brewers have the same signs with the same info and it has been approved by the NLCC, this is ok and encouraged.

Yes, the location of where the beer was made needs to be available upon request. Upon request the NLCC must be able to see documentation. Keep information on file. It does not have to be on hand at the event.

No, homedistilling is illegal in Nebraska per Nebraska Revised Statute 53-1,100

Yes and maybe. Nebraska law allows the transport into Nebraska homebrew from outside the state for competitions. If you wish to transport homebrew into another state, you need to contact the state liquor authority in that state to make sure you are in compliance. Please remember to abide by the federal production limits as well.

There can be prizes for competitions. Accepting/Receiving a prize for a competition would not be considered selling your home brewed product.

Yes, all home brewers, in state and out of state must follow the statutes and guidelines while in Nebraska.

This is recommended as a standardization for home brewers.

As long as the craft brewery has approved and home brew product is kept separate from the product at the licensed premise and out of the brewery’s production area.

Yes, do not bring home brewed product into the production area. Home brewed product should be kept in the public areas outlined at the brewery.

Yes, if you think they are underage or are visibly intoxicated, do not serve them. Check ID’s and event bands. If in doubt, do not serve.

This is a great idea! While not required, it is recommended for public knowledge.

Yes, as long as the individual home brewer is not selling beer or receiving profits in any way. However, homebrew is not permitted to be sold, so fundraising cannot be through the sale of the homebrew.

Home brewers are limited by Federal regulation to 100 gallons per calendar year in a single adult household, or 200 gallons per year if there is more than one adult in the household.

No. There should be an invoice created for the event. The licensed grocery store/retail staff would need to do the pouring. You as a Farm Winery may be present to promote and educate the public about the product only as an agent for the retailer.

If you would be receiving any profit of this event by selling product, taking orders, or taking any proceeds of the event, a license would be required. 

If this is a “tasting” defined by the rules and regulations with no profits, selling of product, no orders placed and is at a location that has a license for the event, a license may not be required. 

If the event coordinating is receiving portions of the profit from sales of alcohol they also must have a SDL. Neb. Rev. Stat. §53-103.33

Yes. The rule below must strictly be followed. 

Chapter 6-019.01P No retail licensee may deliver alcoholic liquor to a consumer, except: 

019.01P1 A holder of a special designated license or a caterer’s license used in conjunction with a special designated license may deliver to the licensed location or to a location expressly authorized by the Commission in writing pursuant to Chapter 4 of the Rules and Regulations of the Commission. 

019.01P2 A retail licensee or a holder of a shipping license may deliver or cause to be delivered by its agent, delivery service or common carrier to a consumer alcoholic beverages provided that the consumer has paid the licensee for the alcoholic liquors prior to delivery by cash, credit or debit card, and that the licensee has verified that the sale has not been made to a minor, nor that delivery will be made to a minor. Any package to be delivered by a delivery service or common carrier for the holder of a shipping license shall have a label stating “adult signature required” measuring at least three by five inches in size placed on the package by the licensee.

All SDL holders may be liable for violations involving alcohol.

Manufacturers, Nebraska craft brewers, Nebraska farm wineries, Nebraska micro distilleries and beer distributors shall not donate product directly to a retailer or SDL holder unless the SDL is specifically in the name of a non-profit organization per §53-124.11. 

Instead, donations by manufacturers, Nebraska craft brewers, Nebraska farm wineries, Nebraska micro distilleries, and beer distributors shall be in monetary form and contributed directly to the non-licensee entity seeking contribution

No, although all beer released from the brewery must be invoiced. The licensed grocery store/retail staff would need to do the pouring. You as a Brewery may be present to promote and educate the public about the product only as an agent for the retailer.

All SDL holders may be liable for violations involving alcohol.

Manufacturers, Nebraska craft brewers, Nebraska farm wineries, Nebraska micro distilleries and beer distributors shall not donate product directly to a retailer or SDL holder unless the SDL is specifically in the name of a non-profit organization per §53-124.11.

Instead, donations by manufacturers, Nebraska craft brewers, Nebraska farm wineries, Nebraska micro distilleries, and beer distributors shall be in monetary form and contributed directly to the non-licensee entity seeking contribution.

Class C License holders with Growler endorsements (Limited Bottling Endorsement) are not eligible to include Growlers/Crowlers when applying for SDL’s. Reference of 53-134.01 (1) 

Class L License holders applying for SDL’s are eligible to include Growlers/Crowlers. Reference 53-123.14 & 53-172 Original packages

All product released from a brewery must be invoiced. Invoice must indicate quantity being released. All product being sold or provided to a retail licensee (includes SDL licenses) must go through a Nebraska wholesaler. The only exception would be if there is an exemption of Nebraska Statute 53-175 on the SDL or if the brewery was performing a tasting as defined by the rules and regulations of NLCC Chapter 6-002.02.