[HISTORY: Adopted by the City Council of the City of Seward
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, Art. 3, §§ 6-315 and 6-316,
of the 1976 Code; amended in its entirety 9-15-2020 by Ord. No. 2020-22]
It shall be unlawful for any person under 21 years of age 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 21 years of age 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]
A.
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.
B.
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.
[Amended 4-3-2018 by Ord.
No. 2018-10]
C.
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.
[Amended 9-15-2020 by Ord. No. 2020-22]
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 21 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)
[Amended 4-3-2018 by Ord.
No. 2018-10; 9-15-2020 by Ord. No. 2020-22]
Any licensee who shall sell, give, or furnish in any way, to
any person under 21 years of age, or who shall willingly allow to
be taken from his place of business by anyone under 21 years of age,
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)
[Amended 4-3-2018 by Ord.
No. 2018-10]
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.
