Section
Minors
132.01 Minor in possession of alcohol
132.02 Use of tobacco, electronic nicotine delivery systems or alternative nicotine products
132.03 Sale of cigarettes, tobacco, electronic nicotine delivery systems or alternative nicotine products
132.04 Minor representing age
132.05 Encouraging delinquency
Curfew
132.20 Definitions
132.21 Offenses
132.22 Exemptions
132.23 Enforcement
132.99 Penalty
MINORS
Except as provided for in divisions (A), (B) and (C) below, no minor may sell, dispense, consume or have in that minor’s possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads or highways, upon property owned by the city or inside any vehicle while in or on any other place, including, but not limited to the public streets, alleys, roads or highways, or upon property owned by the city, except that a minor may consume, possess or have physical control of alcoholic liquor in the minor’s permanent place of residence or on the premises of a place of religious worship on which premises alcoholic liquor is consumed as part of a religious rite, ritual or ceremony.
(A) Persons who are 16 years old or older are not prohibited from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor. Persons who are 16 years old or older are not prohibited from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment.
(B) Persons who are 19 years old or older are not prohibited from serving or selling alcoholic liquor in the course of their employment.
(Prior Code, § 130.125) (Ord. 98-41, passed 11-2-1998) Penalty, see § 132.99
It shall be unlawful for any person under that age which is set forth in Neb. Rev. Stat. § 28-1418 to smoke or use cigarettes, cigars, pipe tobacco, smokeless tobacco, tobacco in other forms, electronic nicotine delivery systems or alternative nicotine products. What constitutes electronic nicotine delivery systems and alternative nicotine products shall be those as found in the definitions used in Neb. Rev. Stat. § 28-1418.01.
(Prior Code, § 130.126) (Ord. 97-16, passed 8-4-1997; Ord. 18-54, passed 11-19-2018; Ord. 21-07, passed 2-16-2021) Penalty, see § 132.99
Statutory reference:
Use of tobacco by minors prohibited, see Neb. Rev. Stat. § 28-1418
It shall be unlawful for any person to sell, exchange or give, directly or indirectly, to any person under that age which is set forth in Neb. Rev. Stat. § 28-1419 any cigarettes, tobacco, compounds of tobacco in any form, electronic nicotine delivery systems, or alternative nicotine products, cigarette papers or cigar papers. What constitutes electronic nicotine delivery systems and alternative nicotine products shall be defined according to the definitions used in Neb. Rev. Stat. § 28-1418.01.
(Prior Code, § 130.127) (Ord. 97-16, passed 8-4-1997; Ord. 18-54, passed 11-19-2018; Ord. 21-07, passed 2-16-2021) Penalty, see § 132.99
Statutory reference:
Misrepresentation of age by minor, see Neb. Rev. Stat. § 28-1427
Related provision, see Neb. Rev. Stat. § 28-1419
It shall be unlawful for any minor, as defined by Neb. Rev. Stat. § 53-103, to obtain or attempt to obtain alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.
(Prior Code, § 130.128) (Ord. 98-23, passed 7-6-1998) Penalty, see § 132.99
Statutory reference:
Similar state law, see Neb. Rev. Stat. §§ 53-180.01 and 53-180.06
It shall be unlawful for any person, by act or neglect, to encourage, aid or cause a child to come within the purview of the juvenile authorities, police officers or officers of the courts.
(Prior Code, § 130.129) (Ord. 97-16, passed 8-4-1997) Penalty, see § 132.99
CURFEW
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. 11:00 p.m. until 6:00 a.m. on the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state thereof that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.
GUARDIAN. Either a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 16 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation which operates, manages or conducts any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is either a natural parent, adoptive parent or step-parent, foster parent, legal guardian or a person who is at least 21 years of age and authorized by a minor’s parent or guardian to have the care and custody of the minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops and movie theaters.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, severe permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Prior Code, § 130.035) (Ord. 97-16, passed 8-4-1997)
(A) It shall be unlawful for a minor to be in any public place or on the premises of any establishment within the city during curfew hours.
(B) It shall be unlawful for a parent or guardian of a minor to knowingly permit or by insufficient control allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) It shall be unlawful for an owner, operator or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(D) It shall be a complete defense to prosecution under this section that the juvenile was acting within the provisions of § 132.22 of this code.
(Prior Code, § 130.036) (Ord. 97-16, passed 8-4-1997) Penalty, see § 132.99
Statutory reference:
Similar state law, see Neb. Rev. Stat. § 16-246
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