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GENERAL PROVISIONS
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.
(Neb. Rev. Stat. § 53-180) Penalty, see § 111.99
(A) Except when the State Liquor Control Commission has issued a license as provided in Neb. Rev. Stat. §§ 53-186(2) or 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) 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. 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. This division (B) does not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages.
(Prior Code, § 10-120) (Ord. 10-120, passed 6-6-2000) Penalty, see § 111.99
Statutory reference:
Similar provisions, see Neb. Rev. Stat. §§ 53-186(1) and 53-186.01
(A) 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. 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. 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. 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. Has the same meaning as in Neb. Rev. Stat. § 71-423.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, park or other state, county or village-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. Rev. Stat. § 53-1,121) Penalty, see § 111.99
LICENSES REQUIRED
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