53-165.02. Channel pricing and discounts; use by wholesaler; conditions.
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/ne/chapter-53/53-165-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section, alcoholic product means a particular brand of alcoholic liquor in a designated size container or a mix of brands and containers when sold on a combined basis, as established by the wholesaler.
(2)A wholesaler may employ channel pricing to sell such wholesaler's alcoholic product to retail licensees at a different price than the wholesaler sells alcoholic product to other retail licensees. If a wholesaler employs channel pricing, such pricing shall be made equally available to similarly situated retail licensees.
(3)Whether an establishment is similarly situated to another licensee is to be determined by the type of license held by the retailer and the primary use of the premises.
(4)A wholesaler may also provide discounts on the alcoholic product to retailers that are otherwise similarly situated if those discounts are based on the volume of the alcoholic product being purchased.
(5)A wholesaler may also provide discounts on the alcoholic product to retailers that are otherwise similarly situated if those discounts are based on the electronic ordering of the alcoholic product being purchased.