53-1,104 Violations by licensee; suspension, cancellation, or revocation of license; cash penalty in lieu of suspending sales; election authorized.
53-1,104. Violations by licensee; suspension,cancellation, or revocation of license; cash penalty in lieu of suspendingsales; election authorized.(1) Any licensee which sellsor permits the sale of any alcoholic liquor not authorized under the termsof such license on the licensed premises or in connection with such licensee'sbusiness or otherwise shall be subject to suspension, cancellation, or revocationof such license by the commission.(2) When an order suspending a license to sell alcoholic liquor becomesfinal, the licensee may elect to pay a cash penalty to the commission in lieuof suspending sales of alcoholic liquor for the designated period if suchelection is not prohibited by order of the commission. Except as otherwiseprovided in subsection (3) of this section, for the first such suspensionfor any licensee, the penalty shall be fifty dollars per day, and for a secondor any subsequent suspension, the penalty shall be one hundred dollars perday.(3)(a) For a second suspension for violation of section 53-180 or 53-180.02occurring within four years after the date of the first suspension, the commission,in its discretion, may order that the licensee be required to suspend salesof alcoholic liquor for a period of time not to exceed forty-eight hours andthat the licensee may not elect to pay a cash penalty. The commission mayuse the required suspension of sales of alcoholic liquor penalty either aloneor in conjunction with suspension periods for which the licensee may electto pay a cash penalty. For purposes of this subsection, second suspensionfor violation of section 53-180 shall include suspension for a violation ofsection 53-180.02 following suspension for a violation of section 53-180 andsecond suspension for violation of section 53-180.02 shall include suspensionfor a violation of section 53-180 following suspension for a violation ofsection 53-180.02;(b) For a third or subsequent suspension for violation of section 53-180or 53-180.02 occurring within four years after the date of the first suspension,the commission, in its discretion, may order that the licensee be requiredto suspend sales of alcoholic liquor for a period of time not to exceed fifteendays and that the licensee may not elect to pay a cash penalty. The commissionmay use the required suspension of sales of alcoholic liquor penalty eitheralone or in conjunction with suspension periods for which the licensee mayelect to pay a cash penalty. For purposes of this subsection, third or subsequentsuspension for violation of section 53-180 shall include suspension for aviolation of section 53-180.02 following suspension for a violation of section 53-180 and third or subsequent suspension for violation of section 53-180.02shall include suspension for a violation of section 53-180 following suspensionfor a violation of section 53-180.02; and(c) For a first suspension based upon a finding that a licensee or anemployee or agent of the licensee has been convicted of possession of a gamblingdevice on a licensee's premises in violation of sections 28-1107 to 28-1111,the commission, in its discretion, may order that the licensee be requiredto suspend sales of alcoholic liquor for thirty days and that the licenseemay not elect to pay a cash penalty. For a second or subsequent suspensionfor such a violation of sections 28-1107 to 28-1111 occurring within fouryears after the date of the first suspension, the commission shall order thatthe license be canceled.(4) For any licensee which has no violation for a period of four yearsconsecutively, any suspension shall be treated as a new first suspension.(5) The election provided for in subsection (2) of this section shallbe filed with the commission in writing one week before the suspension isordered to commence and shall be accompanied by payment in full of the sumrequired by this section. If such election has not been received by the commissionby the close of business one week before the day such suspension is orderedto commence, it shall be conclusively presumed that the licensee has electedto close for the period of the suspension and any election received latershall be absolutely void and the payment made shall be returned to the licensee.The election shall be made on a form prescribed by the commission. The commissionshall remit all funds collected under this section to the State Treasurerfor distribution in accordance with Article VII, section 5, of the Constitutionof Nebraska. SourceLaws 1935, c. 116, § 105, p. 429; C.S.Supp.,1941, § 53-3,105; R.S.1943, § 53-1,104; Laws 1977, LB 40, § 320; Laws 1980, LB 848, § 20; Laws 1991, LB 344, § 71; Laws 1991, LB 586, § 2; Laws 1999, LB 267, § 15; Laws 2000, LB 973, § 9; Laws 2003, LB 205, § 3; Laws 2010, LB861, § 78.