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Lakeville, MN Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered containers
opened alcohol, distilled spirits, 3.2% malt liquor
Covered locations
public streets, sidewalks, city and commercial lots
Basis
possession, not just drinking, of an open container
State law adopted
Minn. Stat. § 169A.35, open bottle law
Adopted
Ordinance 954, January 4, 2016

Summary

Lakeville City Code § 6-1-7 adopts Minnesota's open bottle law and makes it a crime to possess an opened or resealed container of alcohol, distilled spirits or 3.2 percent malt liquor on any public street or sidewalk, or on parking lots owned by the city, shopping centers or any commercial establishment.

A. Minnesota statutes 169A.35, open bottle law, is hereby adopted by reference and incorporated in this section. B. It is a crime for a person to have in possession any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed: 1. On any public street or sidewalk; and 2. On parking lots owned by the city, parking lots of shopping centers, and parking lots of any commercial establishment.

Full Breakdown

Lakeville City Code § 6-1-7 folds Minnesota's open bottle law, Minnesota Statutes section 169A.35, into the city code by reference, then adds the city's own possession-based prohibition in subsection B. It is a crime to have in possession any bottle or receptacle containing an alcoholic beverage, a distilled spirit, or 3.2 percent malt liquor once that container has been opened, its seal broken, or its contents partially removed, if the person is on a public street or sidewalk, or on a parking lot owned by the city, a shopping center parking lot, or the parking lot of any commercial establishment.

Because the prohibition is possession-based rather than tied to actual drinking, an opened can or bottle carried across a downtown Lakeville sidewalk or a shopping-center lot violates the section even if nobody is actively drinking from it at the time. The section was adopted by Ordinance 954 on January 4, 2016, replacing older, narrower open-container language and folding the state open bottle law's definitions and elements directly into local enforcement. Because it incorporates Minnesota Statutes section 169A.35 by reference, officers can charge violations either as a state open bottle offense or as a violation of the Lakeville ordinance covering the same conduct on city streets, sidewalks and the parking lots specifically named in the section.

Violations & Fines

Lakeville police can cite a violation of § 6-1-7 as a criminal offense; because the section incorporates Minnesota's open bottle law by reference, the applicable fine and any jail exposure follow the misdemeanor-level penalties set for that state offense, layered on top of the citywide general penalty clause in Lakeville City Code § 1-4-1 for any city ordinance violation not otherwise specified.

Frequently Asked Questions

Is it illegal to carry an open beer on a Lakeville sidewalk?
Yes. Lakeville City Code § 6-1-7 makes it a crime to possess a bottle or container of alcohol, distilled spirits or 3.2 percent malt liquor that has been opened or has a broken seal while on any public street or sidewalk in the city.
Does the open container rule apply to parking lots?
Yes. Section 6-1-7(B)(2) extends the possession ban to parking lots owned by the city, parking lots of shopping centers, and parking lots of any commercial establishment, not just public streets and sidewalks, so an open can left in a car parked at a Lakeville strip mall can still support a citation.
What Minnesota law does the Lakeville ordinance rely on?
Lakeville City Code § 6-1-7(A) expressly adopts Minnesota Statutes section 169A.35, the state's open bottle law, by reference and incorporates it into the city code, meaning state definitions and elements apply directly to enforcement of the local ordinance.

Sources & Official References

Other rules in Lakeville

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