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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
(A) No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes except as specifically provided in this chapter and the State Liquor Control Act.
(B) Nothing in this chapter shall prevent:
(1) The possession of alcoholic liquor legally obtained as provided in this chapter or the Act for the personal use of the possessor and his or her family or guests;
(2) The making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if made solely for the use of the maker and his or her family and guests;
(3) Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his or her profession, any hospital or other institution caring for the sick and diseased persons from possessing and using alcoholic liquor for the treatment of bona fide patients of that hospital or other institution, or any drug store employing a licensed pharmacist from possessing or using alcoholic liquor in the compounding of prescriptions of licensed physicians;
(4) The possession and dispensation of alcoholic liquor by an authorized representative of any religion on the premises of a place of worship, for the purpose of conducting any bona fide religious rite, ritual or ceremony;
(5) Persons who are 16 years old or older from carrying alcoholic liquor from licensed establishments when they are accompanied by a person not a minor;
(6) Persons who are 16 years old or older from handling alcoholic liquor containers and alcoholic liquor in the course of their employment;
(7) Persons who are 16 years old or older from removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of their employment;
(8) Persons who are 16 years old or older from completing a transaction for the sale of alcoholic liquor in the course of their employment if they are not handling or serving alcoholic liquor; or
(9) Persons who are 19 years old or older from serving or selling alcoholic liquor in the course of their employment.
(Neb. Rev. Stat. § 53-168.06) Penalty, see § 111.99
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