Neb. Rev. Stat. §§ 76-2102

Current with changes through the 2024 First Special Legislative Session

Section 76-2102 - Terms, defined

For purposes of the Membership Campground Act:

(1) Advertisement means an attempt by publication, dissemination, solicitation, or circulation to induce, directly or indirectly, any person to enter into an obligation or acquire a title or interest in a membership camping contract;

(2) Affiliate means any person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified;

(3) Business day means any day except Saturday, Sunday, or a legal holiday;

(4) Campground means real property made available to persons for camping, whether by tent, trailer, camper, cabin, recreational vehicle, or similar device, and includes the outdoor recreational facilities located on the real property. Campground does not include a mobile home park as defined in section 76-1464;

(5) Campsite means a space:

(a) Designed and promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, or other similar device used for camping; and

(b) With no permanent dwelling on it;

(6) Commission means the State Real Estate Commission;

(7) Controlling persons of a membership camping operator means each director and officer and each owner of twenty-five percent or more of the stock of the operator, if the operator is a corporation, each general partner and each owner of twenty-five percent or more of the partnership or other interests, if the operator is a general or limited partnership or other person doing business as a membership camping operator, and each member owning twenty-five percent or more of the limited liability company, if the operator is a limited liability company;

(8) Facilities means any of the following amenities provided and located on the campground: Campsites; rental trailers; swimming pools; sport courts; recreation buildings and trading posts; or grocery stores;

(9) Membership camping contract means an agreement offered or sold within this state evidencing a purchaser's right to use a campground of a membership camping operator for more than thirty days during the term of the agreement;

(10) Membership camping operator or operator means any person, other than one who is tax exempt under section 501(c)(3) of the Internal Revenue Code, who owns or operates a campground and offers or sells membership camping contracts paid for by a fee or periodic payments. Membership camping operator does not include the operator of a mobile home park as defined in section 76-1464;

(11) Offer means an inducement, solicitation, or attempt to encourage a person to acquire a membership camping contract;

(12) Person means any individual, partnership, limited liability company, firm, corporation, or association;

(13) Purchaser means a person who enters into a membership camping contract with a membership camping operator and obtains the right to use the campground owned or operated by the membership camping operator;

(14) Sale or sell means entering into or other disposition of a membership camping contract for value. For purposes of this subdivision, value does not include a fee to offset the reasonable costs of a transfer of a membership camping contract; and

(15) Salesperson means any individual, other than a membership camping operator, who is engaged in obtaining commitments of persons to enter into membership camping contracts by making a direct sales presentation to the person but does not include any individual engaged in the referral of persons without making any representations about the camping program or a direct sales presentation to such persons.

Neb. Rev. Stat. §§ 76-2102

Laws 1990, LB 656, § 2; Laws 1993, LB 121, § 487; Laws 1995, LB 574, § 62; Laws 2024, LB 152, § 1.

Amended by Laws 2024, LB 152,§ 1, eff. 7/19/2024.