State, district, and county fairs; prohibited activities; penalty; exceptions; sale of liquor, when.

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2-219. State, district, and county fairs; prohibited activities; penalty; exceptions; sale of liquor, when.

No person shall be permitted to exhibit or conduct indecent shows or dances or to engage in any gambling or other games of chance or horseracing, either inside the enclosure where any state fair or district or county agricultural society fair is being held or within forty rods thereof, during the time of holding such fairs. Nothing in this section shall be construed to prohibit wagering on the results of horseraces by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horserace meetings, to prohibit the operation of bingo games as provided in the Nebraska Bingo Act, to prohibit the conduct of lotteries pursuant to the Nebraska County and City Lottery Act, to prohibit the conduct of lotteries or raffles pursuant to the Nebraska Lottery and Raffle Act or the Nebraska Small Lottery and Raffle Act, to prohibit the sale of pickle cards pursuant to the Nebraska Pickle Card Lottery Act, or to prohibit the conduct of games of chance pursuant to the Nebraska Racetrack Gaming Act. Nothing in this section shall be construed to prohibit the sale of intoxicating liquors, wine, or beer by a person properly licensed pursuant to Chapter 53 on premises under the control of the Nebraska State Fair Board or any county agricultural society. Any person who violates this section shall be guilty of a Class V misdemeanor. The trial of speed of horses under direction of the society shall not be included in the term horseracing. Upon the filing of proof with the State Treasurer of a violation of this section inside the enclosure of such fair, the amount of money appropriated shall be withheld from any money appropriated for the ensuing year.

Source

  • Laws 1879, § 16, p. 401;
  • Laws 1901, c. 2, § 2, p. 44;
  • R.S.1913, § 13;
  • C.S.1922, § 13;
  • C.S.1929, § 2-208;
  • Laws 1935, c. 173, § 16, p. 636;
  • C.S.Supp.,1941, § 2-208;
  • R.S.1943, § 2-219;
  • Laws 1963, c. 4, § 2, p. 63;
  • Laws 1969, c. 12, § 1, p. 150;
  • Laws 1977, LB 40, § 2;
  • Laws 1978, LB 386, § 1;
  • Laws 1983, LB 213, § 1;
  • Laws 1986, LB 1027, § 1;
  • Laws 1992, LB 398, § 5;
  • Laws 2000, LB 1086, § 1;
  • Laws 2002, LB 1236, § 7;
  • Laws 2021, LB371, § 1.
  • Effective Date: August 28, 2021

Cross References

  • Nebraska Bingo Act, see section 9-201.
  • Nebraska County and City Lottery Act, see section 9-601.
  • Nebraska Lottery and Raffle Act, see section 9-401.
  • Nebraska Pickle Card Lottery Act, see section 9-301.
  • Nebraska Racetrack Gaming Act, see section 9-1101.
  • Nebraska Small Lottery and Raffle Act, see section 9-501.

Annotations

  • Amendment of this section in 1935 was made to show legislative intent that nothing therein should prohibit parimutuel wagering on horse races. State ex rel. Hunter v. The Araho, 137 Neb. 389, 289 N.W. 545 (1940).

  • Prior to amendment of Constitution of Nebraska in 1934, parimutuel system of betting on horse races was not authorized by this section. State ex rel. Sorensen v. Ak-Sar-Ben Exposition Co., 121 Neb. 248, 236 N.W. 736 (1931), affirming 118 Neb. 851, 226 N.W. 705 (1929).


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