[HISTORY: Adopted by the City Council of the City of Seward as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 205.
[Adopted as Ch. 6, Art. 3, §§ 6-315 and 6-316, of the 1976 Code]
It shall be unlawful for any person under the age of 18 years to possess, smoke, use, purchase, or attempt to acquire tobacco products, vapor products or alternative nicotine products of any kind. "Tobacco products" shall be defined to mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco. "Vapor products" and "alternative nicotine products" are defined in Neb. RS 28-1418.01. Upon conviction, the penalty for said offense shall be a fine not to exceed $500.
It shall be unlawful for any person to sell or attempt to sell to any person under the age of 18 any tobacco products, vapor products or alternative nicotine products of any kind. Upon conviction, the penalty for said offense shall be a fine not to exceed $500.
[Adopted as Ch. 10, Art. 8, of the 1976 Code]
(Neb. RS 28-1418 et seq.)
[Amended 11-17-1998 by Ord. No. 44-98]
It shall be unlawful for any person, partnership, limited-liability company, or corporation to sell, keep for sale, or give away any cigars, tobacco, cigarettes, or cigarette material to anyone without first obtaining a license as hereinafter provided.
Every person, partnership, limited-liability company, or corporation desiring a license to sell tobacco at retail shall file with the Municipal Clerk a written application, on forms provided by the municipality, stating the name of the person, partnership, limited-liability company, or corporation for whom or which such license is desired, and the exact location of the place of business; and shall deposit with the application a license fee as set from time to time by the City Council. If the applicant is an individual, the application shall include the applicant's social security number. The term for which said license shall run shall be for one year; provided, however, if application for a license is made after July 1 of any calendar year, the fee shall be one-half of the fee provided in this section.
All monies collected as license fees under the provisions of this article shall be paid over by the Clerk to the Treasurer of the School District lying wholly or partially within the corporate limits.
The license herein provided shall authorize the sale of cigars, tobacco, cigarettes, and cigarette material by the licensee and employees to persons over the age of 18 at that place of business described in said license from the date of filing such application and paying such license fee to and including December 31 of the calendar year in which application for such license is made, unless the same is forfeited as hereinafter provided. (Neb. RS 28-1424)
Any licensee who shall sell, give, or furnish in any way, to any person under the age of 18 years, or who shall willingly allow to be taken from his place of business by anyone under the age of 18 years, any cigars, tobacco, cigarettes, cigarette material, vapor products or alternative nicotine products shall be deemed guilty of a misdemeanor, and in addition thereto his license shall be forfeited and revoked, and all rights under said license shall at once cease and terminate. (Neb. RS 28-1425)
In case of the sale of the business where the owner has a license hereunder, the Clerk may authorize such license to be transferred to the purchaser. In case of the change of the location by a licensee hereunder, the Clerk may transfer such license to the new location. (Neb. RS 28-1428)
In the event that the license of any licensee shall be revoked and forfeited, as herein provided for, no new license shall be issued to the licensee until the expiration of one year from the date of such revocation and forfeiture. (Neb. RS 28-1429)
Except as otherwise provided herein, any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.