§ 53-179 — Sale or dispensing of alcoholic liquor; forbidden during certain hours; exceptions; alcoholic liquor in open containers; unlawful after hours

Nebraska § 53-179

• Jurisdiction: Nebraska
• Ch. 53: Liquors

Text

(1)
No alcoholic liquor, including beer, shall be sold at retail or dispensed
on any day between the hours of 1 a.m. and 6 a.m., except that the local governing
body of any city or village with respect to area inside the corporate limits
of such city or village, or the county board with respect to area outside
the corporate limits of any city or village, may by ordinance or resolution
(a) require closing prior to 1 a.m. on any day, (b)
if adopted by a vote of at least two-thirds of the members of such local governing
body or county board, permit retail sale or dispensing of alcoholic liquor
for consumption on the premises, excluding sales for consumption off the premises,
later than 1 a.m. and prior to 2 a.m. on any day, (c) if adopted by a vote of at least two-thirds of the
members of such local governing body or county board, permit retail sale of
alcoholic liquor for consumption off the premises later than 1 a.m. and prior
to 2 a.m. on any day, or (d) if adopted by a vote of at least two-thirds of
the members of such local governing body or county board, permit retail sale
or dispensing of alcoholic liquor for consumption on the premises, excluding
sales for consumption off the premises, and permit retail sale of alcoholic
liquor for consumption off the premises later than 1 a.m. and prior to 2 a.m.
on any day.
(2) Except as provided for and allowed by ordinance of a
local governing body applicable to area inside the corporate limits of a city
or village or by resolution of a county board applicable to area inside such
county and outside the corporate limits of any city or village, no alcoholic
liquor, including beer, shall be sold at retail or dispensed between the hours
of 6 a.m. Sunday and 1 a.m. Monday. This subsection shall not apply after
12 noon on Sunday to a licensee which is a nonprofit corporation and the holder
of a Class C license or a Class I license.
(3) It shall be unlawful on property licensed to sell alcoholic
liquor at retail to allow alcoholic liquor in open containers to remain or
be in possession or control of any person for purposes of consumption between
the hours of fifteen minutes after the closing hour applicable to the licensed
premises and 6 a.m. on any day.
(4) Nothing in this section shall prohibit licensed premises
from being open for other business on days and hours during which the sale
or dispensing of alcoholic liquor is prohibited by this section.

Legislative History

Source: Laws 1935, c. 116, § 37, p. 399; Laws 1941, c. 107, § 1, p. 429; C.S.Supp.,1941, § 53-337; R.S.1943, § 53-179; Laws 1955, c. 202, § 2, p. 579; Laws 1957, c. 232, § 1, p. 791; Laws 1963, c. 310, § 12, p. 934; Laws 1963, Spec. Sess., c. 5, § 4, p. 82; Laws 1965, c. 318, § 10, p. 900; Laws 1967, c. 336, § 2, p. 902; Laws 1974, LB 681, § 7; Laws 1976, LB 204, § 6; Laws 1978, LB 386, § 8; Laws 1979, LB 514, § 1; Laws 1981, LB 217, § 1; Laws 1983, LB 213, § 19; Laws 1991, LB 344, § 61; Laws 1991, LB 354, § 1; Laws 2004, LB 485, § 29; Laws 2010, LB861, § 77; Laws 2012, LB861, § 1; Laws 2014, LB863, § 24. Annotations: 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). There are no restrictions imposed by this section on the right of the Liquor Control Commission to determine the permissible hours for sale of beer outside the corporate limits of cities and villages. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).