Duluth, MN Public Conduct: Public Alcohol Use (2026)
Key Facts
- Public drinking
- Banned without on-sale/temporary license, § 8-22(a)
- Open container in ROW
- Banned on streets, sidewalks, alleys, trails, skywalks
- Wine exception
- Opened bottle with meal may leave restaurant
- Permit route
- Consumption permit under § 35-9(a)(4)
- Second-container exception
- Sealed, non-paper container, 1+ cubic foot
Summary
In the City of Duluth, Duluth Legislative Code Section 8-22 bans drinking or possessing alcohol in any public place unless the location holds an on-sale or temporary on-sale license, and Section 8-22(g) separately bans carrying an opened or seal-broken liquor container on any public street, sidewalk, alley, trail or skywalk unless a consumption permit or on-sale license covers the area.
(a) No owner, manager or person having control of any public place shall serve, permit to be served or permit any person to drink alcoholic beverages in such place unless such place has been duly issued an on sale or temporary on sale license; ... (g) No person shall, within or on any public street, sidewalk, avenue, alley, trail or skywalk: (1) Possess an opened container which contains and intoxicating liquor or 3.2 percent malt liquor or an intoxicating liquor or 3.2 percent malt liquor container with the seal broken unless: (A) An alcohol consumption permit has been issued for the area pursuant to Section 35-9(a)(4) or its successor; or ( ... B) An on sale license has been issued for the area pursuant to Chapter 8 of this Code; or (C) The intoxicating liquor or 3.2 percent malt liquor container is contained in a second container, which second container is not made from any paper or cardboard product, has an inside volume of one cubic foot or more, is securely closed and is carried on the back, or in some other manner so that the carrier cannot reach the alcoholic beverage container inside it or otherwise allow for the alcoholic content to be consumed publicly
Full Breakdown
Duluth Legislative Code Section 8-22(a) makes it unlawful for anyone owning, managing or controlling a public place to serve or allow alcoholic beverages to be served there unless the place holds an on-sale or temporary on-sale liquor license, and subsection (b) bars mixing, preparing, serving or consuming alcohol in any public place other than a licensed hotel, club or restaurant, though the chief administrative officer can permit alcohol at a special event or convention function by permit and conditions. Subsection (c) limits drinking on a licensed premises to liquor actually served by the licensee or its employee, and subsections (d) and (e) bar a licensee or a patron from leaving licensed premises with any drink or open container, with a narrow carve-out in subsection (f) for a restaurant patron who buys a full bottle of wine with a meal and may leave with the bottle once it has been opened and partly consumed.
2 percent malt liquor, or one with a broken seal, unless an alcohol consumption permit has been issued for that area under Section 35-9(a)(4), an on-sale license covers the area under Chapter 8, or the container sits inside a second, non-paper, non-cardboard container of at least one cubic foot that is securely closed and carried so the alcohol cannot be reached or consumed publicly.
Violations & Fines
Serving or drinking alcohol in an unlicensed public place, leaving a licensed premises with an open drink outside the wine-bottle exception, or carrying an opened or seal-broken liquor container on a Duluth street, sidewalk, alley, trail or skywalk without a Section 35-9(a)(4) consumption permit or covering on-sale license violates Section 8-22 and applies on top of any state open-container or minor-consumption law.
Frequently Asked Questions
Can I walk down a Duluth street with an open beer?
Can a restaurant let me take a bottle of wine home in Duluth?
Are there exceptions for special events wanting to serve alcohol in a Duluth public place?
Sources & Official References
Other rules in Duluth
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