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(A) Whoever shall sell, give or furnish in any way any tobacco in any form whatever, or any cigars, cigarettes or cigarette paper, electronic nicotine delivery systems or alternative nicotine products, to any person under 21 years of age is guilty of an offense.
(B) (1) In order to further the public policy of deterring licensees or other persons from violating division (A) above, a person who is at least 15 years of age but under 21 years of age may assist a peace officer in determining compliance with division (A) above if:
(a) The parent or legal guardian of the person has given written consent for the person to participate in such a compliance check if such person is under 19 years of age;
(b) The person is an employee, a volunteer or an intern with a state or local law enforcement agency;
(c) The person is acting within the scope of his or her assigned duties as part of a law enforcement investigation;
(d) The person does not use or consume a tobacco product as part of such duties; and
(e) The person is not actively assigned to a diversion program, is not a party to a pending criminal proceeding or a proceeding pending under the state’s Juvenile Code, and is not on probation.
(2) Any person under the age of 21 years acting in accordance with and under the authority of this division (B) shall not be in violation of Neb. RS 28-1427.
(Neb. RS 28-1419) Penalty, see § 133.99
Except as provided in § 133.21(B) of this chapter, any person under the age of 21 years who obtains cigars, tobacco, cigarettes or cigarette material, electronic nicotine delivery systems or alternative nicotine products from a licensee hereunder by representing that he or she is of the age of 21 years or over is guilty of an offense.
(Neb. RS 28-1427) Penalty, see § 133.99
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) Penalty, see § 133.99
Statutory reference:
Penalty for manufacturing false identification intended for minors, see Neb. RS 53-180.05
(A) For the purpose of this section, the definitions found in Neb. RS 53-103.01 to 53-103.51 shall apply, including, but not limited to, the definitions of the terms “alcoholic liquor,” “consume,” “minor,” “sale” and “to sell.”
(B) Except as otherwise provided in § 111.015 of this code, 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.
(C) 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 § 133.99
Statutory reference:
Definitions, where found, see Neb. RS 53-103
Minor Alcoholic Liquor Liability Act, see Neb. RS 53-401 to 53-409
(A) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE.
1. 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;
2. Wine of not less than 0.5% alcohol by volume;
3. 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; and
4. 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 not more than 14 persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include hotel or airport buses or shuttles, taxicabs 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 this city.
(3) Except as provided in § 111.003 or division (A)(4) below, it is unlawful for any person to consume an alcoholic beverage:
(a) In a public parking area or on any highway in this city; or
(b) Inside a motor vehicle while in a public parking area or on any highway in this city.
(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. RS Chapter 75, Article 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 this city 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)
(B) (1) It shall be unlawful for any person to drink alcoholic liquor of any kind on the streets or alleys, or upon property used or owned by the government of the United States, this state or any governmental subdivision thereof, or in theaters, dance halls or in any other place open to or frequented by the public within said city, unless such premises are licensed for such purposes by the state or unless a special permit has been granted for the same by the City Council.
(2) Upon application for a special permit for the consumption of alcoholic liquor on public streets or other public places, the City Council may permit such consumption on such terms and conditions as it may determine. For such permit to be issued, written application must be made to the City Clerk and the same must be acted upon at a special or regular meeting of the City Council. The terms and conditions for issuance of a special permit shall be set forth in the minutes of the meeting at which such application is considered.
(Prior Code, § 2-101) Penalty, see § 133.99
It shall be unlawful for any person to breathe or inhale any substance for the purpose of inducing a condition of intoxication, depression, exhilaration or any other distorting or disturbing state which affects the auditory, visual or nervous processes. Any person who shall sell or offer for sale any container of a substance producing such an effect and having the property of releasing toxic vapors shall be guilty of a misdemeanor if he or she has cause to suspect that the product sold will be used in violation of this section.
(Prior Code, § 2-133) Penalty, see § 133.99
MOTOR VEHICLE AND HIGHWAY OFFENSES
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