Please be advised, the Nebraska Liquor Control Commission and Nebraska State Patrol Enforcement Division has very strong reason to believe there exists in the wholesale/retail market place a business practice involving exclusion of competitors alcoholic beverage products.
53-185. Contract to sell for only one manufacturer or wholesaler; void.
No manufacturer or wholesaler shall enter into any contract with any person licensed to sell at retail whereby such licensee agrees not to sell any alcoholic liquor manufactured or distributed by any other manufacturer or wholesaler.
Furthermore, it appears that the second tier is creating a purchase condition whereby in order to receive a quantity discount on certain premium brands of liquor, the retail licensee is held to sell well products only offered by that particular wholesaler, or other incentives such as free kegs of beer.
This type of business practice violates the regulations and leaves the door open for a likely citation accordingly.
Please be advised any entity holding a Wholesale Liquor or Wholesale Beer license that is engaged in retail sales programs that creates some type of exclusive factor is hereby ordered to cease and desist this type of activity.
There is hereby a grace period until February 28, 2014, to delete any wholesale demands within sales programs that reach towards exclusive contracts. After February 28, 2014, active enforcement will take place by interviewing retail licensees and examining retail buying trends and inventory of well products.
Chapter 6, Licensee Operations, 016.05 allows for the wholesaler to stock, rotate and affix the price to retailer's product. It does not allow wholesalers to be involved in the scanning, inventory process, or other similar acts. §53-168 Retailer accepting something of value from wholesaler & §53-169 Wholesaler be interested in the conduct of a retail licensed premises.
Retailers and their employees may sample limited quantities of beer, wine, or spirits furnished by a manufacturer or wholesaler whether the license permits consumption on or off the licensed premise. Consumption shall not exceed more than five samples of one fluid ounce or less of alcohol liquor by the same person on a 24 hour period.
Retailers are demanding wholesalers extend this privilege by leaving, at the premise, partial bottles samples or full bottles of the new product. The wholesaler is not allowed to leave unused samples with retailers. Field audits of retailer's records and wholesaler's records will now include a very close look at sampleing activities and records thereof. Please note this is under sampling regulation and not tasting regulation. Tasting requires the product to be invoiced to retailers.
PLEASE BE ADVISED THAT MENU CARDS ARE ALLOWED TO BE GIVEN OR SOLD TO RETAILERS. ANYTHING BEYOND A SIMPLE MENU CARD LIKE BOUND LEATHER BOOKS ARE NOT ALLOWED AND WOULD BE CONSIDERED OF VIOLATION OF TRADE PRACTICE POLICY REGULATIONS.
11/1/2012 - Please be advised the above rule does not allow for any arrangements for the retailer to demand wholesale licensee to conduct the following services in conjunction with retail inventory resets:
Also, any other similar services that are the responsibility of the retail licensee for daily operation. The retailer may be cited for “Accepting Something of Value” and the wholesaler may be cited for being interested in the conduct of retail licensed premises. Reference Neb Rev Stat §53-168(1) & §53-169©.
Special note: Manufacturer/supplier sales representative may also be cited for any of the above activity – again Neb Rev Stat §53-169.
October 23, 2012 - The Nebraska Liquor Control Commission has received information on the disbursement or giving of gift cards from Supplier Representatives to certain retail licensee account managers or employees. Please be advised as follows:
Rule Chapter 6-016 - The giving of gift cards is not listed as an exception to something of value between industry members within the Nebraska Liquor Control Commission Rules and regulations, therefore illegal.
May 7, 2012 - ALL RETAILERS TO REVIEW REGARDING RETURNS - ADVISORY (please click for attachments regarding rules and statutes)
February 27, 2012 - Please see important advisory regarding returns to wholesalers. See advisory HERE.
Notice: Be advised that all Special Designated License (SDL) applications MUST be received in the office of the Nebraska Liquor Control Commission no later than 10 working days prior to the event. Any SDL applications received less than 10 working days will be returned. NO EXCEPTIONS. Also be sure to use the most current application. You can find that here.
Growlers are only allowed to be sold by brewpubs. This is allowed by TTB provided there is a warning label on the growler and no interstate activity. It is NOT legal for a retailer to sell a growler to patrons.
HARD APPLE CIDER IS WINE AND THE EXCISE TAX IS .95 CENTS A GALLON.
HARD APPLE CIDER IS CONSIDER A WINE BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB) See definition below.
TTB Definition of Cider
Still wine derived primarily from apples or apple concentrate (apple juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, must represent more that 50 percent of the volume of the finished product) containing no other fruit product nor any artificial product which imparts a fruit flavor other than apple; containing at least one-half of one percent (0.05%) and less than seven percent alcohol by volume; having the taste, aroma, and characteristics generally attributed to hard cider; and sold or offered for sale as hard cider.
As you may or may not be aware of, LB 861 was passed by the Legislature. This allows local governing bodies to pass ordinance allowing sales of spirits on Sunday prior to noon. The law will come into effect on July 19, 2012. Please go here to read LB 861. This is by ordinance only, so please check with your local clerk for more information in your city/county.
301 Centennial Mall South
PO Box 95046
Lincoln, NE 68509-5046