Ensuring Liquor License Premises Compliance with Nebraska’s Clean Indoor Air Act

In an effort to uphold public health and safety, the Nebraska Liquor Control Commission issued an advisory recently to Nebraska business owners about the Nebraska Clean Indoor Air Act (“the Act”). The advisory serves as a reminder to all businesses, including those with a liquor license on premises, of the Act’s requirements concerning the indoor use of cigarettes and electronic nicotine delivery devices (commonly known as vaping).

Understanding the Law

Enacted in 2020, the Nebraska Clean Indoor Air Act was expanded by the Legislature to encompass comprehensive restrictions on electronic nicotine delivery systems. This expansion mandates that vaping is prohibited indoors in all workplaces, at all times, with very limited exceptions. Notably, this includes establishments such as restaurants, bars, and casinos.

Responsibilities of Business Owners

The Liquor Control Commission emphasizes the critical role of business owners in ensuring compliance with these regulations. It is the responsibility of upon every proprietor to take proactive measures in educating both employees and patrons about the provisions outlined in the Act. Business owners who fail to fulfill their duties may face legal consequences. A first offense is classified as a Class V misdemeanor, while subsequent violations escalate to a Class IV misdemeanor.

Resources and Support

To assist in maintaining compliance, resources such as complimentary “NO SMOKING AND E-CIGARETTE USE” door decals, are available to business owners by emailing dhhs.smokefree@nebraska.gov. Additional information about the Act, including FAQs and statutory details, is available online at smokefree.ne.gov.

Fraser Stryker’s Liquor License team will continue to update you should additional information regarding this or any other updates that affect your business. Please feel free to contact attorney Robert Futhey with any questions, at (402) 978-5267 or at rfuthey@fraserstryker.com.