(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 twenty-one (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) if this section, a person who is at least fifteen (15) years of age but under twenty-one (21) years of age may assist a peace officer in determining compliance with such division if:
(a) The parent or legal guardian of the person has given written consent for the person to participate in such compliance check if such person is under nineteen (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 Nebraska Juvenile Code, and is not on probation.
(2) Any person under the age of twenty-one (21) years acting in accordance with an under the authority of this division shall not be in violation of section 28-1427 RS Neb. (Ref. 28-1419 RS Neb.) (Ord. No. 892, 7/21/15) (Amended by Ord. Nos. 1037, 7/21/20; 1092, 12/7/21)