What Are The Moonshine Laws In Nebraska?

1/1/2015 last updated

Owning a still in Nebraska is legal as long as it is not used for the production of moonshine or other ethanol related products. Still owners can use their still for the distilling of water or production of essential oils as long as the process does not create ethanol byproducts.

1. Nebraska liquor control Application for liquor license nonbeverage To manufacture ethanol for non-beverage and non-consumption you need a specific license and costs from $50 per year to $300 per year which allows you to manufacture 100 gallons to 10,000 gallons.
2. Nebraska offers two difference distillery licenses for state residents.

A Micro distillery license is available and requires an application fee of $400, plus $250 for the license. An alcoholic liquor tax bond of minimum $1,000 is required. A Distillery license is also available and costs $1,000 per year, and a minimum $1,000 bond.

1. All liquor licenses There are several licenses you need to request to legally manufacture spirits.
2. Below are the federal licenses only.
3. Additional state requirements will need to be followed as well.
4. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
5. This license only allows you to produce spirits.

You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,53-1,100. Violations; general penalty. Any person (1) who manufactures, imports for distribution as a wholesaler, or distributes or sells alcoholic liquor at any place within the state without having first obtained a valid license to do so under the Nebraska Liquor Control Act, (2) who makes any false statement or otherwise violates any of the provisions of the act in obtaining any license under the act, (3) who, having obtained a license under the act, violates any of the provisions of the act with respect to the manufacture, possession, distribution, or sale of alcoholic liquor or with respect to the maintenance of the licensed premises, or (4) who violates any other provision of the act for which a penalty is not otherwise provided, shall for a first offense be guilty of a Class IV misdemeanor and for a second or subsequent offense shall be guilty of a Class II misdemeanor.

Each day any person engages in business as a manufacturer, wholesaler, or retailer in violation of the act shall constitute a separate offense. In any prosecution in which a person is charged with an offense arising out of the failure to obtain a valid license as provided in subdivision (1) of this section, evidence of the failure of the accused to produce such license upon demand shall constitute prima facie proof that a license has not been issued by the commission to such person.

Along with fines and jail time the state also seems to be able to place a lien on the property where moonshine is manufactured, stored or sold.53-198. Places operated in violation of act; declared common nuisances; violations 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.

1. Any person who maintains or assists in maintaining such common nuisance shall be guilty of a violation of the act.
2. 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.

Is it legal to distill alcohol in Nebraska?

Distilling of alcoholic liquor is permitted in Nebraska (Secs 53-103.19 and 53-103.20, Ch.53, R.S., ¶7041S and ¶7041T ).

What are the alcohol laws in Nebraska?

It is unlawful to serve or sell alcohol to anyone under age of 21. HOURS OF SERVICE On Premise Establishment and Off Premise/Retail Stores: Monday thru Saturday: 6:00 a.m. until 1:00 a.m. Sunday sales regulated by local ordinance. State statutes do not prohibit the sale of alcoholic beverages on Election Day.

Is it illegal to make moonshine in Utah?

Home State Laws Utah

1/1/2015 last updated

It is illegal to own a still, regardless of its intended use in the state of Utah. Residents can distill water, essential oils, etc. if they apply for a license and register the still, which I believe is the same general process for distilling alcohol. Any person who—

(1) Unregistered stills – has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179 (a); or (2) Failure to file application – engages in the business of a distiller or processor without having filed application for and received notice of registration, as required by section 5171 (c); shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.

I was unable to find any information on fuel alcohol for this state. Utah does offer distillery licenses but the state is the most constrictive against distillers I have seen and much more complicated (which is why I only found 4 distilleries in the state).

• The fees for a distillery are $3,800, with a $300 application fee and require a $10,000 bond.
• Distillers license There are several licenses you need to request to legally manufacture spirits.
• Below are the federal licenses only.
• Additional state requirements will need to be followed as well.
• You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,26 U.S.

(A) with intent to defraud the United States of any tax on the distilled spirits processed by him; or (B) with intent to aid, abet, or assist any person or persons in defrauding the United States of the tax on any distilled spirits; or (11) Unlawful purchase, receipt, or processing of distilled spirits – purchases, receives, or processes any distilled spirits, knowing or having reasonable grounds to believe that any tax due on such spirits has not been paid or determined as required by law; or (12) Unlawful removal or concealment of distilled spirits – removes, other than as authorized by law, any distilled spirits on which the tax has not been paid or determined, from the place of manufacture or storage, or from any instrument of transportation, or conceals spirits so removed; or (13) Creation of fictitious proof – adds, or causes to be added, any ingredient or substance (other than ingredients or substances authorized by law to be added) to any distilled spirits before the tax is paid thereon, or determined as provided by law, for the purpose of creating fictitious proof; or (14) Distilling after notice of suspension – after the time fixed in the notice given under section 5221 (a) to suspend operations as a distiller, carries on the business of a distiller on the premises covered by the notice of suspension, or has mash, wort, or beer on such premises, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on such premises; or (15) Unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use – Withdraws, uses, sells, or otherwise disposes of distilled spirits produced under section 5181 for other than fuel use;

shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense. Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

How do you legally distill alcohol in the US?

When is a Still Illegal to Possess? – It is illegal for individuals to produce alcohol for consumption without proper permits. The only federal permit that allows for production of distilled spirits for consumption is a commercial federal distilled spirits plant (DSP) permit.

Federal law provides no exemptions for the production of distilled spirits for personal or family use. Additionally, as mentioned above, state laws apply to the ownership and operation of distillation equipment. Rules on distillation vary from state to state, but overall, production of distilled alcohol for consumption or for fuel is not allowed except pursuant to state-level rules, regulations, and permits.

Make sure to review your state’s laws for rules on the ownership and operation of distillation equipment before purchasing parts from us and manufacturing a still. If you have questions, consult an attorney licensed to practice law in your jurisdiction.

Can you drink in public in Nebraska?

Fines for Open Container Violations in Nebraska – An open container violation is an infraction in Nebraska. A conviction will result in a fine of up to $100 but no jail time. However, subsequent convictions can result in fines of up to $500. A person can be arrested for an open container violation but generally must be released (as opposed to being taken to jail) unless other circumstances exist that justify further detention.

Can you drink in the car in Nebraska?

(3) Except as provided in section 53-186 or subsection (4) of this section, it is unlawful for any person to consume an alcoholic beverage (a) in a public parking area or on any highway in this state or (b) inside a motor vehicle while in a public parking area or on any highway in this state.

Is moonshine legal in Wyoming?

It is illegal to own or use a still for any reason in Wyoming.

Is moonshine illegal in Oklahoma?

1/1/2015 last updated

Oklahoma residents can own a still and use it to distill water, essential oils, etc. but cannot manufacture moonshine for personal use or sale. I was unable to find any information on fuel alcohol for the state of Oklahoma. Oklahoma offers a distillers license for $1,000 per year and $905 fee.

Distillery license There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits.

You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,37-505. Manufacture, sale, possession, shipment, etc.

• Prohibited except as provided in act – Exceptions – Penalties.A.
• No person shall manufacture, rectify, sell, possess, store, import into or export from this state, transport, or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act.37-538.
• Penalties.A.

Any person who shall operate a whiskey still with intent to produce alcoholic beverages or any person who shall carry on the business of a distiller without having in his possession a valid and existing distiller’s license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act shall be guilty of a felony and upon conviction be fined not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both such fine and imprisonment.37-539.

Search warrant – Seizure and destruction – Forfeiture and sale.A. A search warrant may be issued pursuant to the provisions of Sections 1221 through 1264 of Title 22 of the Oklahoma Statutes, as amended, for the purpose of searching for, seizing, destroying or holding any alcoholic beverages possessed, sold, transported, manufactured, kept, or stored in violation of the Oklahoma Alcoholic Beverage Control Act; for the purpose of searching for and seizing any apparatus, vehicle, equipment, or instrumentality used for, or intended for use in, manufacturing or transporting any alcoholic beverage in violation of the Oklahoma Alcoholic Beverage Control Act; and all such property shall be forfeited to the State of Oklahoma.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Can I own a still in Minnesota?

1/1/2015 last updated

It is illegal in the state of Minnesota to own a still, regardless of its planned use. The fines and penalties are quite high ($10,000, 1 year in jail) so the risk is much higher than other states. Minnesota Statute Section 340A.705 The finding of an unauthorized still is prima facie evidence of possession for the purpose of unlawful manufacture of alcoholic beverages.

Can I manufacture without a license (340a.301 subd.9) ? Wine and beer can be manufactured in the home and for family use, without a license. It is a felony offense to manufacture distilled spirits by use of a still in a person’s home. Because it is illegal to own a still even if it is not used (like decorations) this means you cannot even use a still for distilling water or use for essential oils.

Minnesota Alcohol and gambling enforcement website Because of the laws on still ownership it is illegal to manufacture your own ethanol fuel without going through the process. What that process is though is not available online. There currently is no specific license to manufacture ethanol fuel in Minnesota but it is allowed if you go through the process.

There isn’t much information on the process and chances are only commercial production is allowed. Minnesota does offer several types of licenses for distilleries, tasting rooms, cocktail rooms, etc. The costs are staggering compared to other states. A wholesaler liquor fee is $15,000, and manufacturer fee is $30,000 (unsure if this is yearly) as well as a $10,000 bond.

A micro distillery license allows up to 40,000 gallons per year, and has a fee of $2,000 and bond of $3,000. Minnesota forms MN application for micro distillers license, MN application for manufacturers license, There are several licenses you need to request to legally manufacture spirits.

Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

Because it is a felony to manufacture moonshine or to transport spirits in Minnesota the fines and penalties are very high. First offense carries a maximum fine of $10,000 and can include up to 12 months of imprisonment.340A.701 FELONIES. Subdivision 1.Unlawful acts.

(1) to manufacture alcoholic beverages in violation of this chapter; (2) to transport or import alcoholic beverages into the state in violation of this chapter for purposes of resale; or

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Do I need a liquor license Nebraska?

The Nebraska Liquor Control Act provides that any place open to the public where alcohol is allowed to be consumed, is required to be licensed.

Can you distill alcohol at home in Utah?

Legality – Home distilling of alcohol is illegal everywhere in the United States, whether for sale or for personal use. The sets out stiff penalties for violating the law, with up to five years in prison and a $10,000 fine for each offense. Laws vary on the state level.

• Eight states — Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio and Rhode Island — have made moonshining legal, but since federal law overrides state law, that will only apply if the federal government someday changes its tune.
• On the other hand, in Florida, even possessing distilling equipment without a license is a felony.

Moonshining is also illegal in most other countries, though New Zealand and Russia allow home distilling for personal consumption. Some retailers, though, do sell home-distilling products. Consult the laws of the country where you’re planning to use the equipment.