For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and shall include synthetic ethyl alcohol. It shall not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR. The four varieties of liquor defined in this section as alcohol, spirits, wine and beer, and every 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 or medical, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such products; or
(3) Wine intended for use and used by any church or religious organization for sacramental purposes.
BEER. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and shall include, among other things, beer, ale, stout, lager beer, near beer, porter and the like.
CLUB. A corporation organized under the laws of this state, not 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 city council at the time of its application for a license under this chapter, two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member, 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, 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 other than 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. The Nebraska Liquor Control Commission.
DISTRIBUTOR. 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 this chapter, whether the business of the distributor 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. 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 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 buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
MANUFACTURE. To distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, and shall include blending but shall not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in this act to serve drinks for consumption on the premises where sold.
MANUFACTURER. 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 above defined, including a wholly owned affiliate or duly authorized agent for a manufacturer.
NONBEVERAGE USER. Every manufacturer of any of the products set forth and described in Neb. RS 1943, § 53-160, when the same contains alcoholic liquor, and all laboratories, hospitals and sanatoria using alcoholic liquor for nonbeverage purposes.
ORIGINAL PACKAGE. 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. 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 place 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. A person who sells, or offers for sale, alcoholic liquors for use and consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and shall include all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL and SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and shall include brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL. To solicit or receive an order for, to keep or expose for sale or to keep with intent to sell.
WINE. 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, as above defined.
(1964 Code, § 3-1)
Statutory reference:
Definitions, see Neb. RS 1943, § 53-103