(A) Drinking on public property; open beverage container.
(1) For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE.
1. a. Beer, ale, porter, stout and other similar fermented beverages, including sake or similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than 0.5% alcohol by volume; or
c. Distilled spirits, which is that substance known as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
2. ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as a beverage.
HIGHWAY. A road or street including the entire area within the right-of-way.
LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five, and no more than 14, persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include taxicabs, hotel or airport buses or shuttles, or buses.
OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) and 53-123.11(1)(c), any bottle, can or other receptacle:
1. That contains any amount of alcoholic beverage; and
2. a. That is open or has a broken seal; or
b. The contents of which are partially removed.
PASSENGER AREA. The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in the area. PASSENGER AREA does not include the area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
(2) Except as otherwise provided in this section, it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in the village.
(3) It is unlawful for any person to consume an alcoholic beverage:
(a) In a public parking area or on any highway in the village; or
(b) Inside a motor vehicle while in a public parking area or on any highway in the village.
(4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state’s Public Service Commission and subject to Neb. Admin. Code Ch. 75, Art. 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in the village if:
(a) The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and
(b) Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver’s seat, including any compartments in such area.
(Neb. RS 60-6,211.08) (1995 Code, § 6-305)
(B) Misrepresentation by minor to obtain alcohol. No minor, as defined by Neb. RS 53-103.23, shall 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.
(Neb. RS 53-180.01) (1995 Code, § 6-306)
(C) Minors; prohibited acts involving alcoholic liquor.
(1) For purposes of this section, the definitions found in Neb. RS 53-103.01 through 53-103.42 shall apply, including, but not limited to, the definitions of the terms “alcoholic liquor”, “consume”, “minor”, “sale” and “to sell”.
(2) No minor may sell, dispense, consume or have in his or her 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 state or any subdivision thereof, 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 state or any subdivision thereof; except that, a minor may consume, possess or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual or ceremony or in his or her permanent place of residence.
(3) It shall be unlawful for any person under 21 years of age to transport, consume or knowingly possess or have under his or her control beer or other alcoholic liquor in or transported by any motor vehicle.
(Neb. RS 53-180.02)
Penalty, see § 130.99
Statutory reference:
Minor Alcoholic Liquor Liability Act, see Neb. RS 53-401 through 53-409
Penalty for manufacturing false identification intended for minors, see Neb. RS 53-180.05