(A) Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2), 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 the property.
(B) (1) 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 this municipality.
(2) Except as provided in Neb. RS 53-186, it is unlawful for any person to consume an alcoholic beverage:
(a) In a public parking area or on any highway in this municipality; or
(b) Inside a motor vehicle while in a public parking area or on any highway in this municipality.
(3) For the purpose of this division, 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% of 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.
OPEN ALCOHOLIC BEVERAGE CONTAINER. 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 that 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.
(1990 Code, § 6-318) (Ord. 526, passed 7-5-2000) Penalty, see § 10.99
Statutory reference:
Consuming liquor on public property, see Neb. RS 53-186
Related state law provisions, see Neb. RS 60-6,211.08