53-123.15 Shipping license; when required; rights of licensee; application; contents; violation; disciplinary action.
53-123.15. Shipping license;when required; rights of licensee; application; contents; violation; disciplinaryaction.(1) No person shall order or receive alcoholicliquor in this state which has been shipped directly to him or her from outsidethis state by any person other than a holder of a shipping license issuedby the commission, except that a licensed wholesaler may receive not morethan three gallons of wine in any calendar year from any person who is nota holder of a shipping license.(2) The commission may issue a shipping license to a manufacturer.Such license shall allow the licensee to ship alcoholic liquor only to a licensedwholesaler, except that a licensed wholesaler may, without a shipping licenseand for the purposes of subdivision (2) of section 53-161, receive beer inthis state which has been shipped from outside the state by a manufacturerin accordance with the Nebraska Liquor Control Act to the wholesaler, thentransported by the wholesaler to another state for retail distribution, andthen returned by the retailer to such wholesaler. A person who receives a license pursuant to this subsectionshall pay the fee required in sections 53-124 and 53-124.01 for a manufacturer'sshipping license. Such fee shall be collected by the commission and be remittedto the State Treasurer for credit to the General Fund.(3) The commission may issue a shipping license to any personwho deals with vintage wines, which shipping license shall allow the licenseeto distribute such wines to a licensed wholesaler in the state. For purposesof distributing vintage wines, a licensed shipper must utilize a designatedwholesaler if the manufacturer has a designated wholesaler. For purposes ofthis section, vintage wine shall mean a wine verified to be ten years of ageor older and not available from a primary American source of supply. A person who receives a license pursuantto this subsection shall pay the fee required in sections 53-124 and 53-124.01for a vintage wine dealer's shipping license. Such fee shall be collectedby the commission and be remitted to the State Treasurer for credit to theGeneral Fund.(4) The commission may issue a shipping license to any personwho sells and ships alcoholic liquor from another state directly to a consumerin this state. A person who receives a license pursuant to this subsectionshall pay the fee required in sections 53-124 and 53-124.01 for a direct sales shippinglicense. Until April 30, 2012, such fee shall be collected bythe commission and remitted to the State Treasurer for credit to the Wineryand Grape Producers Promotional Fund.(5) The application for a shipping license shall be in suchform as the commission prescribes. The application shall contain all provisionsthe commission deems proper and necessary to effectuate the purpose of anysection of the act and the rules and regulations of the commission that applyto manufacturers and shall include, but not be limited to, provisions thatthe applicant, in consideration of the issuance of such shipping license,agrees:(a) To comply with and be bound by section 53-164.01 in makingand filing reports, paying taxes, penalties, and interest, and keeping records;(b) To permit and be subject to all of the powers grantedby section 53-164.01 to the commission or its duly authorized employees oragents for inspection and examination of the applicant's premises and recordsand to pay the actual expenses, excluding salary, reasonably attributableto such inspections and examinations made by duly authorized employees ofthe commission if within the United States; and(c) That if the applicant violates any of the provisions ofthe application or the license, any section of the act, or any of the rulesand regulations of the commission that apply to manufacturers, the commissionmay revoke or suspend such shipping license for such period of time as itmay determine. SourceLaws 1991, LB 344, § 49; Laws 1994, LB 416, § 1; Laws 1995, LB 874, § 1; Laws 2001, LB 671, § 1; Laws 2004, LB 485, § 14; Laws 2007, LB441, § 1; Laws 2010, LB861, § 55; Laws 2010, LB867, § 1.