53-198. Places operated in violation of act; declared common nuisances; violations; penalty.

299 words·~1 min read·/ne/chapter-53/53-198

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any room, house, building, boat, structure, or place of any kind where alcoholic liquors are sold, manufactured, bartered, or given away in violation of the Nebraska Liquor Control Act or where persons are permitted to resort for the purpose of drinking same in violation of the act, or any place where such liquors are kept for sale, barter, or gift in violation of the act, and all such liquors, and all property kept in and used in maintaining such a place, are each and all of them hereby declared to be a common nuisance.

Any person who maintains or assists in maintaining such common nuisance shall be guilty of a violation of the act. If it is proved that the owner of any building or premises has knowingly suffered the same to be used or occupied for the manufacture, sale, or possession of alcoholic liquors contrary to the provisions of the act, such building or premises shall be subject to a lien for and may be sold to pay all fines and costs assessed against the occupant of such building or premises for any violation of the act.

Such lien shall be immediately enforced by civil action in any court having jurisdiction by the county attorney of the county wherein such building or premises is located or by one of the assistant attorneys general assigned to the commission when directed by the commission.

Sale of liquor by the drink outside corporate limits of city or village was a common nuisance. State ex rel. Fitzgerald v. Kubik, 167 Neb. 219, 92 N.W.2d 533 (1958).

Maintenance of place outside corporate limits of city where persons were permitted to resort for purpose of drinking alcoholic liquors violated this section. State ex rel. Johnson v. Hash, 144 Neb. 495, 13 N.W.2d 716 (1944).