Sec. 3-1.  Definitions. 


Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following definitions:


Alcohol shall mean the product of distillation of any fer­mented liquor, whether rectified or diluted, whatever may be the origin thereof, and the term includes synthetic ethyl alcohol.  It does not include denatured alcohol or wood alcohol.


Alcoholic liquors shall include alcohol, spirits, wine, beer, and every other liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being.  The provisions of this chapter shall not apply to:


(1)        Alcohol used in the manufacture of denatured alcohol pro­duced in accordance with acts of Congress and regulations promulgated thereunder;


(2)        Flavoring extracts, syrups, medicinal, mechanical, scien­tific, culinary, or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquors used in the manufacture, preparation, or compound­ing of such products;


(3)        Wine intended for use and used by any church or religious organization for sacramental purposes; or,


(4)        Any beverage with less than five-tenths of one (0.5) percent of alcohol by volume.


Beer shall mean a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, hops in water and shall include, among other things, beer, ale, stout, lager beer, porter, and the like.  Beer shall not include any bever­age with less than five-tenths of one (0.5) percent of alcohol by volume.


Cancel shall mean to discontinue all rights and privileges of a liquor license.


Club shall mean a corporation organized under the laws of this state, nor for pecuniary profit, solely for the promo­tion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a suf­ficient number of servants and employees for cooking, pre­paring, and serving food and meals for its members and their guests; provided, that such club files with the clerk at the time of its application for a license under the Nebraska Liquor Control Act two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional members his name and address; and provided further, that its affairs and manage­ment are conducted by a board of directors, executive com­mittee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent, or em­ployee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club, or the members of the club or its guests introduced by members, and that no member, officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribu­tion or sale of alcoholic liquor to the club or the members of the club or the members of the club's guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.


Commission shall mean the Nebraska Liquor Control Com­mission.


Distributor, distributorship, wholesaler, or jobber shall mean the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquors for sale or resale to retailers licensed under the Nebraska Liquor Control Act, whether the business of the distributor, distributorship, wholesaler, or jobber is conducted under the terms of a franchise or any other form of an agreement with a manufacturer or manufacturers, or has caused alcoholic liquors to be imported into the state or purchased in the state from a manufacturer or manufacturers and was licensed to conduct such a business by the commission on May 1, 1970, or has been so licensed since that date.


Hotel shall mean every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or resi­dential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building in connection therewith and such building or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.


Manufacture shall mean to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in this chapter to serve drinks for consumption on the premises where sold.


Manufacturer shall mean every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alco­holic liquors as herein defined, including a wholly owned affiliate or duly authorized agent for a manufacturer.


Minor shall mean an person, male or female, under twenty-one (21) years of age, regardless of marital status.


Nonbeverage user shall mean every manufacturer of any of the products set forth and described in subsection (9) of section 53-160 of the Nebraska Liquor Control Act, when the same contains alcohol, and all laboratories and hospitals and sanatoria using alcohol for nonbeverage purposes.


Original package shall mean any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.


Restaurant shall mean any public place kept, used, main­tained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a suf­ficient number and kind of employees to prepare, cook, and serve suitable food for its guests.


Retailer shall mean a person who sells, or offers for sale, alcoholic liquors for use and consumption and not for resale in any form.


Revoke shall mean to permanently void and recall all rights and privileges of a liquor license.


Sale shall mean any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant, or employee.


Sell at retail and sale at retail refer to and shall mean sales for use or consumption and not for resale in any form.


Spirits shall mean any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.


Suspend shall mean to cause a temporary interruption of all rights and privileges of a liquor license.


To sell includes to solicit or receive an order for, to keep or expose for sale and/or to keep with intent to sell.


Wine shall mean any alcoholic beverage obtained by the fer­mentation of the natural contents of fruits or vegetables, contain­ing sugar, including such beverages when fortified by the addi­tion of alcohol or spirits.  Wine shall not include any beverage with less than five-tenths of one (0.5) percent of alcohol by volume. 


Source: Code 1962, § 5-15-1; Ord. No. 3598, § 1, 11-7-88

State law reference--Similar provisions, R.R.S. 1943, 53-103.