CHAPTER 111: ALCOHOLIC BEVERAGES
Section
General Provisions
   111.01   Definitions
   111.02   Sale or gift to minor or mentally incompetent person prohibited
   111.03   Consumption in public places or places open to the public; restrictions
   111.04   Removal of intoxicated persons from public or quasi-public property
   111.05   Sidewalk cafés
   111.06   Drinking on public property; open beverage container
Licenses Required
   111.20   Manufacture, sale, delivery, and possession; general prohibitions; exceptions
   111.21   Acquisition and possession; restrictions
   111.22   Licensee requirements
   111.23   Licenses; city powers and duties
   111.24   Licensed premises; inspections
   111.25   License renewal; city powers and duties
   111.26   Catering licenses
   111.27   Display of license
   111.28   Owner of premises or agent; liability
   111.29   Licensee; liability for acts of officer, agent, or employee
   111.30   Citizen complaints
Retail Establishments
   111.45   Location
   111.46   Access to dwellings
   111.47   Sanitary conditions
   111.48   Hours of sale
   111.49   Credit sales prohibited
   111.50   Original package required
   111.51   Minor’s presence restricted
   111.52   Keg sales; requirements; prohibited acts
GENERAL PROVISIONS
§ 111.01 DEFINITIONS.
   For purposes of this chapter, the definitions found in Neb. RS 53-103.01 through 53-103.42 shall be used.
§ 111.02 SALE OR GIFT TO MINOR OR MENTALLY INCOMPETENT PERSON PROHIBITED.
   No person shall sell, furnish, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent.
(Prior Code, § 111.02) (Ord. 611, passed 7-17-2012) Penalty, see § 10.99
Statutory reference:
   Authority, see Neb. RS 17-135
   Related provisions, see Neb. 53-180
§ 111.03 CONSUMPTION IN PUBLIC PLACES OR PLACES OPEN TO THE PUBLIC; RESTRICTIONS.
   (A)   Except when the State Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2) or as provided in Neb. RS 60-6,211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
   (B)   (1)   It is unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, café, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the State Liquor Control Act, being Neb. RS 53-101 et seq.
      (2)   It is unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the Act.
      (3)   This division (B) does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated under Neb. RS 60-6,211.08.
(Prior Code, § 111.03) (Ord. 608, passed 7-17-2012) Penalty, see § 10.99
Statutory reference:
   Related provisions, see Neb. RS 53-186 and 53-186.01
§ 111.04 REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR QUASI-PUBLIC PROPERTY.
   (A)   (1)   Any law enforcement officer with the power to arrest for traffic violations may take a person who is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who is otherwise incapacitated, from any public or quasi-public property.
      (2)   An officer removing an intoxicated person from public or quasi-public property shall make a reasonable effort to take the intoxicated person to his or her home or to place the person in any hospital, clinic, or mental health substance use treatment center, or with a medical doctor as may be necessary to preserve life or to prevent injury.
      (3)   The effort at placement shall be deemed reasonable if the officer contacts such facilities or doctor which have previously represented a willingness to accept and treat such individuals and which regularly do accept such individuals.
      (4)   If these efforts are unsuccessful or are not feasible, the officer may then place the intoxicated person in civil protective custody, except that civil protective custody shall be used only as long as is necessary to preserve life or to prevent injury, and under no circumstances longer than 24 hours.
   (B)   The placement of the person in civil protective custody shall be recorded at the facility or jail at which he or she is delivered and communicated to his or her family or next of kin, if they can be located, or to the person designated by the person taken into civil protective custody.
   (C)   The law enforcement officer who acts in compliance with this section shall be deemed to be acting in the course of his or her official duty and shall not be criminally or civilly liable for these actions.
   (D)   The taking of an individual into civil protective custody under this section shall not be considered an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
   (E)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MENTAL HEALTH SUBSTANCE USE TREATMENT CENTER. Has the same meaning as in Neb. RS 71-423.
      PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park, or other state, county, or city-owned property.
      QUASI-PUBLIC PROPERTY. Private or publicly owned property utilized for proprietary or business uses which invites patronage by the public or which invites public ingress and egress.
(Neb. RS 53-1,121) Penalty, see § 10.99
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