53-169.01 Manufacturer; interest in licensed wholesaler; prohibitions. - Nebraska Statutes

53-169.01. Manufacturer; interest in licensedwholesaler; prohibitions.No manufacturer of alcoholic liquor holding a manufacturer's licenseunder section 53-123.01 and no manufacturer of alcoholic liquor outside thisstate manufacturing alcoholic liquor, except beer, for distribution and sale within this state shall,directly or indirectly, as owner or part owner, or through a subsidiary oraffiliate, or by any officer, director, or employee thereof, or by stock ownership,interlocking directors, trusteeship, loan, mortgage, or lien on any personalor real property, or as guarantor, endorser, or surety, be interested in theownership, conduct, operation, or management of any alcoholic liquor wholesalerholding an alcoholic liquor wholesale license, except beer, under section 53-123.02.No manufacturer of alcoholic liquor holding a manufacturer's licenseunder section 53-123.01 and no manufacturer of alcoholic liquor outside thisstate manufacturing alcoholic liquor, except beer, for distribution and sale within this state shallbe interested directly or indirectly, as lessor or lessee, as owner or partowner, or through a subsidiary or affiliate, or by any officer, director,or employee thereof, or by stock ownership, interlocking directors, or trusteeshipin the premises upon which the place of business of an alcoholic liquor wholesalerholding an alcoholic liquor wholesale license, except beer, under section 53-123.02 is located, established, conducted, or operated in whole or in partunless such interest was acquired or became effective prior to April 17, 1947. SourceLaws 1935, c. 116, § 30, p. 396; C.S.Supp.,1941, § 53-330; R.S.1943, § 53-169; Laws 1947, c. 187, § 2, p. 619; Laws 1953, c. 182, § 4, p. 575; Laws 1959, c. 250, § 2, p. 876; Laws 1969, c. 441, § 3, p. 1477; Laws 1991, LB 344, § 55; Laws 2007, LB578, § 3; Laws 2010, LB861, § 74.AnnotationsThe interest forbidden by this section is a financial or business interest. Nebraska Liq. Distrib. v. Nebraska Liq. Cont. Comm., 269 Neb. 401, 693 N.W.2d 539 (2005).While the forbidden interest in this section is worded as that of the manufacturer in the wholesaler and not the interest of the wholesaler in the manufacturer, the obvious intent of the Legislature is to forbid both types of interests. Nebraska Liq. Distrib. v. Nebraska Liq. Cont. Comm., 269 Neb. 401, 693 N.W.2d 539 (2005).Amendments made to this section by Laws 2007, LB 578, contained a Grandfather Clause that violated the Equal Protection Clause and the Privileges and Immunities Clause of the United States Constitution and the Grandfather Clause was not severable from the other amendments. The section as amended is unconstitutional. Southern Wine & Spirits of America Inc. v. Heineman, 534 F.Supp.2d 1001 (D.Neb.2008).