(1) A
license shall be purely a personal privilege, good for not to exceed one year
after issuance unless sooner revoked as provided in the Nebraska Liquor Control
Act, and shall not constitute property, nor shall it be subject to attachment,
garnishment, or execution, nor shall it be alienable or transferable, voluntarily
or involuntarily, or subject to being encumbered or hypothecated.
(2) A license
issued under the act terminates immediately upon the sale of the licensed
premises named in such license. The purchaser or transferee may submit an
application for a license under the act prior to closing such sale or transfer.
While such application is pending, the purchaser may request and obtain a
temporary operating permit from the commission which shall authorize the purchaser
to continue the business which was conducted on the purchased premises under
the terms and conditions of the terminated license for ninety days or until
the purchaser has obtained a license in its own name, whichever occurs sooner.
Prior to the issuance of a temporary operating permit, the purchaser shall
supply the commission with documentation from the seller that the seller is
current on all accounts with any wholesaler under section 53-123.02. A seller
who provides false information regarding such accounts is guilty of a Class
IV misdemeanor for each offense. In the absence of such temporary operating
permit, the purchaser shall not manufacture, store, or sell alcoholic liquor
on the purchased premises until the purchaser has obtained a license in the
purchaser's own name. If the application is withdrawn by the applicant or
is denied by the commission, the previous license may be reinstated at the
discretion of the commission upon request by the previous licensee.
(3) A license shall not descend by the laws
of testate or intestate devolution, but it shall cease upon the death of the
licensee, except that (a) executors or administrators
of the estate of any deceased licensee, when such estate consists in part
of alcoholic liquor, or a partnership or limited liability company upon the
death of one or more of the partners or members, may continue the business
of the sale or manufacture of
alcoholic liquor under order of the appropriate court and may
exercise the privileges of the deceased or deceased partner or member after
the death of such decedent until the expiration of such license, but if such
license would have expired within two months following the death of the licensee,
the license may be renewed by the administrators or executors with the approval
of the appropriate court for a period not to exceed one additional year; or (b) when a license is issued to a husband and
wife, as colicensees with rights of survivorship, upon the death of one spouse
the survivor may exercise all rights and privileges under such license in
his or her own name. The trustee of any insolvent or bankrupt licensee, when
such estate consists in part of alcoholic liquor, may continue the business
of the sale or manufacture of
alcoholic liquor under order of the appropriate court and may
exercise the privileges of the insolvent or bankrupt licensee until the expiration
of such license.
Notes of Decisions
Kozal v. Nebraska Liquor Control Comm., 297 Neb. 938 (Neb. 2017).
“As § 53-149(1) provides, “[a] license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as provided in the Nebraska Liquor Control Act, and shall not constitute property .”
Bosselman, Inc. v. State, 432 N.W.2d 226 (Neb. 1988).
· cites it 2× “The regulators further point to the language of § 53-149 (Reissue 1984), which provides that a liquor license is “purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this act provided, and shall not constitute property .”
72nd Street Pizza, Inc. v. Nebraska Liquor Control Comm'n, 261 N.W.2d 614 (Neb. 1978).
· cites it 2× “, the "abeyance" policy would seem to conflict with the legislative policy defining the nature of a liquor license in sections 53-149 and 53-150, R.R. S.1943, and such policy would seem not to bind the commission, the stated ground was the city council's recommendation for…”
Leeman v. Vocelka, 32 N.W.2d 274 (Neb. 1948).
· cites it 2× “As provided in section 53-149: “A license shall be purely a personal privilege, * * * and shall not constitute property, * * Section 53-150 provides: “Any licensee may renew his license at the expiration thereof; Provided, he is then qualified to receive a license * * *; and…”
Terry Carpenter, Inc. v. Nebraska Liquor Control Comm'n, 120 N.W.2d 374 (Neb. 1963).
· cites it 2× “In this connection, section 53-149, R. R. S. 1943, is cited, and provides in part: “A license shall be purely a personal privilege, good for not to' exceed one year after issuance unless sooner revoked as in this act provided, and shall not constitute property, nor shall it be…”
Dep't of Banking & Fin. v. Wilken, 352 N.W.2d 145 (Neb. 1984).
· cites it 2× “) Neb. Rev. Stat. § 53-149 (Reissue 1978). “Any license, covering premises financed or operated on a percentage or share of the business basis, will be considered a partnership between the parties involved insofar as the rights and duties of the licensee of record under his…”
Bali Hai', Inc. v. Nebraska Liquor Control Comm'n, 236 N.W.2d 614 (Neb. 1975).
· cites it 2× “Not only was the appellant present and fully represented at both the July 26, 1971, and the December 6, 1971, hearings before the city council, but the appellant appealed the action of the Lincoln city council to the Nebraska Liquor Control Commission, received a hearing before…”
Eleven Eighteen Co. v. Nebraska Liquor Control Comm'n, 216 N.W.2d 720 (Neb. 1974).
· cites it 4× “This is an appeal from an order of the District Court modifying the penalty imposed by the Nebraska Liquor Control Commission for a violation of section 53-149, R. S. Supp., 1972, of the Liquor Control Act.”
Dept. of Banking & Fin. of State v. Wilken, 352 N.W.2d 145 (Neb. 1984).
· cites it 2× “) Neb.Rev.Stat. § 53-149 (Reissue 1978). "Any license, covering premises financed or operated on a percentage or share of the business basis, will be considered a partnership between the parties involved insofar as the rights and duties of the licensee of record under his…”
Greco v. Bonacci, 234 N.W.2d 904 (Neb. 1975).
“§ 53-149, R. R. S. 1943. The appellant argues that the contract was void because it amounted to áñ-attempt by the plaintiffs to rent a license.”
— Neb. Rev. Stat. § 53-149(1) — 1 case
Kozal v. Nebraska Liquor Control Comm., 297 Neb. 938 (Neb. 2017).
“As § 53-149(1) provides, “[a] license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as provided in the Nebraska Liquor Control Act, and shall not constitute property .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.