Can I offer discounts or promotions without violating pricing laws in Nebraska? What are the requirements?

To determine whether discounts or promotions are allowed in Nebraska, we need to review the relevant laws.

Nebraska Liquor Control Act

According to NERS 53-168, it is generally allowed to offer discounts or promotions in Nebraska as long as they do not violate the Nebraska Liquor Control Act. It is unlawful for any person with a retail license to sell alcoholic liquor to accept or receive money or anything else of value, or to accept or receive credit, other than merchandising credit in the ordinary course of business for a period not to exceed thirty days, directly or indirectly, from any person engaged in manufacturing or wholesaling such liquor. It is also unlawful for any manufacturer or wholesaler to give or lend money or otherwise loan or extend credit, except the merchandising credit referred to in subsection (1) of this section, directly or indirectly, to any such licensee or to the manager, representative, agent, member, officer, or director of such licensee. Violation of this section may result in suspension or revocation of the license.

However, subsection (4) of the same section states that it shall not be a violation for a manufacturer or wholesaler to sell or provide alcoholic liquor exclusively or in minimum quantities in containers bearing a private label or to sell or provide alcoholic liquor in containers bearing a generic label to a wholesaler or retailer. It shall also not be a violation for a wholesaler or retailer to accept or purchase from a manufacturer or wholesaler alcoholic liquor exclusively or in minimum quantities in containers bearing a private label or for a wholesaler or retailer to accept or purchase from a manufacturer or wholesaler alcoholic liquor in containers bearing a generic label.

Seller-Assisted Marketing Plan Act

The Seller-Assisted Marketing Plan Act, as outlined in NERS 59-1720 to 59-1740, regulates the sale of seller-assisted marketing plans in Nebraska. According to NERS 59-1732, in the first in-person communication with a potential purchaser or in the first written response to an inquiry by a potential purchaser wherein the seller-assisted marketing plan is described, the seller shall provide the prospective purchaser a written disclosure document which contains the disclosure information required by sections 59-1733 to 59-1740.

Conclusion

Based on the above laws, it is generally allowed to offer discounts or promotions in Nebraska as long as they do not violate the Nebraska Liquor Control Act or the Seller-Assisted Marketing Plan Act. However, it is important to ensure that any discounts or promotions offered comply with these laws to avoid potential legal issues.

Jurisdiction

Nebraska

• General