Theo Nash
Nebraska's alcohol laws are quite extensive, with over 30 distilleries, 30 wineries, and 50 breweries contributing to the market. While owning a still in Nebraska is legal, there are specific licenses required for manufacturing spirits, and it is prohibited to produce distilled spirits at home. The state offers two types of distillery licenses: a Microdistillery license and a Distillery license, each with different requirements and fees. Nebraska also allows individuals of legal drinking age to produce wine or beer at home, but the sale of alcohol to anyone under 21 is illegal.
| Characteristics | Values |
|---|---|
| Legality of owning a still | Legal as long as it is not used for the production of ethanol-related products |
| Legality of distilling alcohol at home | Illegal |
| Licenses required to manufacture spirits | TTB 5110.41 Basic Permit, TTB 5100.24 Distilled Spirit Plant |
| Legality of selling alcohol to minors | Illegal |
| Legal drinking age | 21 |
| Legality of drinking in parent or guardian's home | Legal for minors |
| Legality of drinking and driving | Illegal if under 21 with a blood alcohol concentration (BAC) over 0.02%% |
| Legality of selling alcohol | Alcohol can be sold seven days a week from 6:00 a.m. to 1:00 a.m. |
| Penalties for selling alcohol to minors | Up to one year in jail and/or a fine of up to $1,000 |
| Penalties for possessing an unregistered still | Up to five years in prison and/or a fine of up to $10,000 |
| Number of distilleries, wineries, and breweries | Over 30 distilleries, 30 wineries, and 50 breweries |
| Types of licenses available | Microdistillery License, Distillery (Manufacturer's) License, Farm Winery License, Craft Brewery License |
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What You'll Learn
Federal law prohibits home distillation of spirits
Federal law prohibits the home distillation of spirits. While individuals of legal drinking age in Nebraska may produce wine or beer at home for personal or family use, federal law prohibits individuals from producing distilled spirits at home. Producing distilled spirits anywhere other than a TTB-qualified distilled spirits plant is illegal and can lead to federal charges.
In Nebraska, it is legal to own a still as long as it is not used for the production of moonshine or other ethanol-related products. Still owners can use their equipment for distilling water or producing essential oils, as long as the process does not create ethanol byproducts. Nebraska offers two types of distillery licenses for state residents: a Microdistillery license and a Distillery license. A Microdistillery license allows the manufacture and retail sale of microdistilled products for consumption on or off the licensed premises. A Distillery license costs $1,000 per year and allows for the manufacture, storage, and sale of spirits to wholesalers inside Nebraska and to customers outside the state.
Nebraska's alcohol industry features a developing production landscape with over 30 distilleries, 30 wineries, and 50 breweries. Alcohol can be purchased at a wide range of private retailers, including grocery stores, convenience stores, and gas stations. Beer, wine, and spirits can be sold seven days a week from 6:00 a.m. to 1:00 a.m. each day, with the exception of Sunday, when sales of distilled spirits do not begin until noon.
Nebraska has strict laws regarding alcohol consumption and distribution. It is illegal for those under 21 to purchase alcohol or drive with a blood alcohol concentration (BAC) above 0.02%. The penalty for selling alcohol to a minor includes jail time of up to one year and/or a fine of up to $1,000. It is also illegal to possess a beer keg without registration or a label, with a penalty of three months in jail and a $500 fine.
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Non-beverage ethanol production requires a license
Federal law prohibits individuals from producing distilled spirits at home. However, it is legal to own a still in Nebraska as long as it is not used for the production of moonshine or other ethanol-related products. If you wish to manufacture ethanol for non-beverage and non-consumption purposes, you will need a specific license. The cost of this license ranges from $50 to $300 per year, which allows you to manufacture between 100 and 10,000 gallons.
Nebraska offers two types of distillery licenses for state residents: a Microdistillery license and a Distillery license. The Microdistillery license is for those who produce 100,000 or fewer gallons of liquor annually. It requires an application fee of $400, a license fee of $250, and an alcoholic liquor tax bond of a minimum of $1,000. The Distillery license, on the other hand, costs $1,000 per year and also requires a minimum $1,000 bond.
In addition to these state licenses, there are several federal licenses that are required to legally manufacture spirits. These include the TTB 5110.41 Basic Permit, which allows the production of spirits, and the TTB 5100.24 Distilled Spirit Plant license, which is necessary for manufacturing ethanol fuel.
It is important to note that any person who manufactures, imports, distributes, or sells alcoholic liquor within Nebraska without obtaining the necessary licenses under the Nebraska Liquor Control Act is subject to penalties. These penalties can include fines, imprisonment, or both.
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Nebraska's alcohol retail accessibility
Nebraska has a comprehensive retail accessibility framework for alcohol, with beer, wine, and spirits available at various private retailers. These include grocery stores, convenience stores, and gas stations, which is not the case in some other states where spirits are only sold in separate liquor stores. The state has an open market system, overseen by the Nebraska Liquor Control Commission (NLCC), which allows broad retail distribution through different private business channels. This includes over 30 distilleries, 30 wineries, and 50 breweries.
Nebraska's alcohol regulations are straightforward and business-friendly, reflecting the state's open regulatory approach. The NLCC provides streamlined oversight, and the state is not a franchise, allowing flexibility in supplier-distributor relationships. The Nebraska Liquor Control Act (LCA) governs the sale, manufacture, and distribution of alcoholic beverages, including spirits, wine, and beer. The LCA does not apply to alcohol used in the manufacture of denatured alcohol or food products unfit for beverage use.
To legally manufacture spirits in Nebraska, several federal and state licenses are required. A license is needed to produce spirits, and a separate one for distilling equipment. A Microdistillery license is available for small-scale operations, with an application fee of $400 and a license fee of $250. A Distillery license is also available for larger operations, costing $1,000 per year. Additionally, a TTB 5110.41 Basic Permit is required to produce spirits, and a TTB 5100.24 Distilled Spirit Plant license is necessary for the distillery equipment.
While individuals in Nebraska can produce wine or beer at home for personal or family use, distilling alcohol at home is prohibited by federal law. Possessing an unregistered still or operating as a distiller without registering are federal offenses, punishable by fines or imprisonment. Nebraska statutes also prohibit the manufacture, bottling, sale, or possession of alcoholic liquor for beverage purposes without a valid license under the LCA. However, there are exceptions for religious rites, medical use by licensed professionals, and possession for personal use.
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Nebraska Liquor Control Act exemptions
Federal law and Nebraska state law allow citizens the right to own a still and operate it for non-alcohol production. However, it is illegal to produce distilled spirits at home.
The Nebraska Liquor Control Act (NLCA) outlines the regulations surrounding the manufacture, sale, and distribution of alcoholic liquor in the state. The NLCA defines "alcoholic liquor" as any alcohol, spirits, wine, beer, or any liquid or solid containing alcohol capable of being consumed as a beverage by a human. This includes confections or candy containing more than half of one percent alcohol.
The NLCA does not apply to:
- Alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and associated regulations.
- Flavoring extracts, syrups, medicinal, mechanical, scientific, culinary, or toilet preparations, or food products unfit for beverage purposes.
- Alcohol possessed and used by duly licensed practicing physicians or dentists in the strict practice of their profession.
- Alcohol possessed and used by hospitals or other institutions caring for sick and diseased persons for the treatment of bona fide patients.
- Alcohol possessed and used by drug stores employing licensed pharmacists in the compounding of prescriptions of licensed physicians.
- Possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship for conducting bona fide religious rites, rituals, or ceremonies.
- Persons who are sixteen years old or older carrying alcoholic liquor from licensed establishments when accompanied by a non-minor.
In addition, the NLCA allows the manufacture of home beer and wine but not distilled alcohol. Individuals of legal drinking age may produce wine or beer at home for personal or family use. However, it is important to note that the sale, barter, transport, delivery, or furnishing of alcoholic liquor is prohibited except as specifically provided in the NLCA.
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Nebraska's drinking laws for under 21s
Nebraska law states that no minor may "sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place." This includes public areas such as streets, roads, and highways, as well as inside vehicles. However, there is an exception for religious rites or rituals and in the minor's permanent place of residence. Additionally, Nebraska makes an exception for persons 16 years or older to carry alcohol from licensed establishments when accompanied by a non-minor.
The state has a zero-tolerance policy for drinking and driving for minors, with a blood alcohol content (BAC) limit of 0.02. A BAC level above this limit is considered a violation and can result in legal consequences. Nebraska also prohibits the sale of alcohol to anyone under 21, with penalties including jail time and/or fines for both the seller and the purchaser.
Nebraska also has specific laws regarding the production of alcohol. While individuals of legal drinking age may produce wine or beer at home for personal or family use, the production of distilled spirits is prohibited without a license. The state offers different distillery licenses, such as the Microdistillery license and the Distillery license, which allow for the legal production of distilled spirits. However, federal law prohibits the production of distilled spirits at home, and individuals can face federal charges and penalties for engaging in such activities.
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Frequently asked questions
No, it is not legal to distill alcohol in Nebraska without the correct license. Federal law prohibits individuals from producing distilled spirits at home.
To distill alcohol in Nebraska, you need a Distillery (Manufacturer's) License. This costs $1,000 per year with a $1,000 minimum alcohol tax bond. You will also need a license to manufacture spirits: TTB 5110.41 Basic Permit.
Nebraska also offers a Microdistillery license, which costs $400 plus a $250 license fee and a $1,000 minimum alcohol tax bond. There is also a Farm Winery License, which allows the manufacture, storage, and sale of wine, and a Craft Brewery License, which allows the manufacture, storage, and sale of beer.
