Penalty Guidelines for Liquor Law Violations
The Nebraska Liquor Control Commission enforces penalties for violations of the Nebraska Liquor Control Act and related regulations. The table below outlines the standard suspension periods (in days) for first and repeat offenses. Penalties increase with each subsequent violation and may result in license cancellation for severe or repeated offenses.
These guidelines are intended to promote compliance, protect public health and safety, and maintain the integrity of licensed operations. The Commission may adjust penalties based on the circumstances of a case.
| VIOLATION | PENALTY SCHEDULE | |||
|---|---|---|---|---|
| 1st | 2nd | 3rd | 4th | |
| Days Suspended | Days Suspended | Days Suspended | Days Suspended | |
| ALLOWING ANOTHER TO OPERATE ON LICENSE | 20-40 | Cancel | ||
| DISTURBANCE | 10-20 | 20-40 | 40-60 | CANCEL |
| DELINQUENT CREDIT | 5 | 7 | 9 | 15 |
| FAILURE TO COMPLY WITH ORDER OF COMMISSION | 20-40 | CANCEL | ||
| FAILURE TO KEEP RECORD OF QUANTITATIVE SALES | 5-10 | 10-20 | 20-30 | CANCEL |
| FAILURE TO PERMIT TIMELY ENTRY | 40-50 | CANCEL | ||
| ILLEGAL ACTIVITIES | 10-20 | 20-30 | 30-40 | CANCEL |
| ILLEGAL ACTIVITIES: GAMBLING | 5-10 | 10-20 | 20-30 | CANCEL |
| ILLEGAL ACTIVITIES: GAMBLING DEVICE WITH CONVICTION | 20 | CANCEL | ||
| MINOR DISPENSING LIQUOR | 10-20 | 20-40 | 40-60 | CANCEL |
| OPEN CONTAINERS OFF LICENSED PREMISE | 5-10 | 10-20 | 20-30 | CANCEL |
| OTHER VIOLATION NOT SPECIFICALLY LISTED: FAILURE TO HAVE LICENSE FRAMED AND DISPLAYED FAILURE TO HAVE ‘WARNING TO MINOR’ SIGN OR PREGNANCY POSTER DISPLAYED | 5-10 | 10-20 | 20-30 | |
| PURCHASE FROM OTHER THAN A WHOLESALER | 10-15 | 15-25 | 25-40 | CANCEL |
| REFILLING | 5-15 | 15-25 | 25-40 | CANCEL |
| SALE FOR RESALE: | CANCEL | |||
| A. Without actual knowledge | 5-10 | 10-20 | 20-30 | |
| B. With actual knowledge | 10-20 | 20-30 | CANCEL | |
| SALE OFF LICENSED PREMISES | 5-10 | 10-20 | 20-30 | CANCEL |
| SALE ON CREDIT | 5-10 | 10-20 | 20-30 | CANCEL |
| SALE TO VISIBLY INTOXICATED PERSON | 10-20 | 20-40 | 40-60 | CANCEL |
*SALE TO MINOR & MINOR IN POSSESSION DO NOT WORK INDEPENDENTLY BUT ARE COMBINED TOGETHER.
* 1ST SUSPENSION IS $50.00 PER DAY. ALL SUBSEQUENT SUSPENSIONS ARE $100.00 PER DAY
| VIOLATION | PENALTY SCHEDULE | |||
|---|---|---|---|---|
| 1st | 2nd | 3rd | 4th | |
| Days Suspended | Days Suspended | Days Suspended | Days Suspended | |
| SALES TO A MINOR; MINOR CONSUME/POSSESS (Multiple minors may result in higher penalty) | 15-25 | • Within 4 years - 2 days close + 20 days • Within 3 years - 2 days close + 30 days • Within 2 years - 2 days close + 40 days • Within 1 year - 2 days close + 50 days | • Within 4 years - 5 days close +20 days • Within 3 years- 10 days close+30 days • Within 2 years-12 days close +40 days • Within 1 years-15 days close +50 days | CANCEL |
| SANITATION | 5-10 | 10-20 | 20-30 | CANCEL |
| UNAUTHORIZED SALES: Such as liquor or wine sales from beer license, off premises sales from on premises only license; unlawful delivery | 5-10 | 10-20 | 20-30 | CANCEL |
| VIOLATION OF SPOUSAL AFFIDAVIT | 20-40 | CANCEL | ||
| TRADE PRACTICE VIOLATIONS: Such as giving/receiving something of value, Inducements, Being involved in the operation of a licensee directly/indirectly | 20-40 | 40-60 | 60-80 | CANCEL |
| BRAND REGISTRATION VIOLATIONS | 10 | 15 | 20 | 25 |
*SALE TO MINOR & MINOR IN POSSESSION DO NOT WORK INDEPENDENTLY BUT ARE COMBINED TOGETHER.
*1ST SUSPENSION IS $50.00 PER DAY. ALL SUBSEQUENT SUSPENSIONS ARE $100.00 PER DAY.
*EXCEPTION WOULD BE WHEN PREVIOUS SUSPENSION IS OLDER THAN FOUR YEARS; THEN SUSPENSION REVERTS BACK TO $50.00 PER DAY
Disclaimer: These are general guidelines used to establish penalties for violations of the Nebraska Liquor Control Act and the Rules and Regulations of the Nebraska Liquor Control Commission. The Commission reserves the option to deviate from these guidelines to encourage voluntary compliance with the act and regulations, and ensure the public health, safety and welfare, as necessary when circumstances merit such deviation.
The Commission as a general guideline will only look at the previous four years history from the date of the offense, for purposes of setting a penalty on a second or subsequent conviction