Nebraska Statutes 53-165.02. Channel pricing and discounts; use by wholesaler; conditions
(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.
Terms Used In Nebraska Statutes 53-165.02
- Alcoholic liquor: includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. See Nebraska Statutes 53-103.02
- Brand: means alcoholic liquor identified as the product of a specific manufacturer. See Nebraska Statutes 53-103.04
- Channel pricing: means a pricing strategy that differentiates the price charged for a product based upon the type of license held by the retailer and the primary use of the premises on which the retailer operates. See Nebraska Statutes 53-103.50
- Retailer: means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form except as provided in section 53-175. See Nebraska Statutes 53-103.31
- Sell: means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell. See Nebraska Statutes 53-103.35
- Wholesaler: includes a distributor, distributorship, and jobber. See Nebraska Statutes 53-103.41
(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.
Source
- Laws 2023, LB376, § 6.
- Effective Date: April 22, 2023