In any prosecution of or any proceeding against any licensee charged with having made a sale to a minor, proof of the following shall be an absolute defense to the charge: (1)(a) The purchaser falsely represented in writing and supported with other documentary proof that he or she was of legal age to purchase alcoholic liquor; (b) The appearance of such purchaser was such that an ordinary and prudent person would believe that such appearance conformed to any documentary description of appearance presented by the purchaser; and (c) The seller was acting in good faith, in reliance upon the written representation, other documentary evidence, and the appearance of the purchaser, and in the belief the purchaser was of legal age to make such purchase; or (2) The seller was acting with the knowledge of and in cooperation with a duly authorized law enforcement officer.
Neb. Rev. Stat. § 53-180.07
Minors; licensee charged with sale; defenses
Applied in 3 court decisions — leading case Orr v. Knowles (1983)
Most recently applied in JCB Enterprises, Inc. v. Nebraska Liquor Control Commission (May 2008)
Laws 1969, c. 437, § 2, p. 1467; Laws 1978, LB 386, § 9; Laws 1991, LB 344, § 63; Laws 1993, LB 561, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.