(A) Possession of tobacco products by minors.
(1) It shall be unlawful for any person under the age of 18 years to possess any tobacco products; provided that, the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(2) TOBACCO PRODUCTS shall be defined to mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
(1976 Code, § 6-258)
(B) Minors.
(1) Use of tobacco by persons under the age of 21. Whoever, being a person under the age of 21 years, shall smoke cigarettes or cigars, use electronic nicotine delivery systems or alternative nicotine products, or use tobacco in any form whatever in this city, shall be guilty of an offense. Any person charged with a violation of this section may be free from prosecution if he or she furnishes evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco.
(2) Sale of tobacco to persons under the age of 21.
(a) Whoever shall sell, give, or furnish in any way any tobacco in any form whatever, or any cigars, cigarettes or cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under 21 years of age is guilty of an offense.
(b) 1. In order to further the public policy of deterring licensees or other persons from violating division (A) of this section, a person who is at least 15 years of age but under 21 years of age may assist a peace officer in determining compliance with such division if:
2. The parent or legal guardian of the person has given written consent for the person to participate in such compliance check if such person is under 19 years of age;
3. The person is an employee, a volunteer, or an intern with a state or local law enforcement agency;
4. The person is acting within the scope of his or her assigned duties as part of a law enforcement investigation;
5. The person does not use or consume a tobacco product as part of such duties; and
6. The person is not actively assigned to a diversion program, is not a party to a pending criminal proceeding or a proceeding pending under the Nebraska Juvenile Code, and is not on probation.
(c) Any person under the age of 21 years acting in accordance with and under the authority of this section shall not be in violation of Neb. RS 28-1427.
(3) Misrepresentation by person under the age of 21 to obtain tobacco. Any person under the age of 21 years who obtains cigars, tobacco, cigarettes, or cigarette material, electronic nicotine delivery systems, or alternative nicotine products from a licensee hereunder by representing that he or she is of the age of 21 years or over, is guilty of an offense.
(1976 Code, § 6-260)
(Ord. 1081, passed 3-8-1993; Ord. 1237, passed 7-21-1997; Ord. 1455B, passed 2-9-2015; Ord. 1483A, passed 12-23-2019; Ord. 1501, passed 6-7-2021) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-1418, 28-1419, 28-1427, 28-1429.02