Lakeville, MN Public Conduct: Public Alcohol Use (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?
Does the open container rule apply to parking lots?
What Minnesota law does the Lakeville ordinance rely on?
Sources & Official References
Other rules in Lakeville
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