HomeMy WebLinkAboutItem 06.kDecember 17, 2015 Item No.________
REVISION TO OPEN BOTTLE ORDINANCE
Proposed Action
Staff recommends adoption of the following motion: Move to adopt ordinance amending
Titles 3 and 6 of the City Code concerning the open bottle law.
Passage of this motion removes the reference to open bottles from Title 3, Prohibited Acts,
adopts State Statute 169A.35 (Open Bottle Law) by reference, and adds language to Title 6
related to public possession of open bottles on a public street, public sidewalk, city parking
lot or commercial parking lot.
Overview
The reference to open bottle is currently in two sections of the city code. The reference to
open bottle in Title 3 is specifically related to parking areas of any shopping center or other
commercial establishment. Amending Title 6 will adopt State Statute 169A.35 by reference
and will also make it unlawful to possess an open bottle or receptacle containing an alcoholic
beverage, distilled spirit or 3.2 percent malt liquor on a public street, sidewalk, city parking lot
or commercial parking lot.
The amendment will bring clarity to the definition of an open bottle, as it is already defined
by state statute.
Primary Issues to Consider
• Open bottle laws reduce litter and damage to property and increase public safety.
Supporting Information
• The City Attorney has reviewed this change and prepared the new ordinance.
___________________________________
John Kornmann, Deputy Chief
Financial Impact: $__0__________Budgeted: Y/N ____ Source: __________________
Related Documents (CIP, ERP, etc.): Copy of new and old ordinance____
Community Values _Safety Throughout the Community
CITY CODE – AS IT CURRENTLY READS:
3-1-12-1: PROHIBITED ACTS:
C. Open Bottles: No person shall consume intoxicating liquor or have in his/her possession any bottle or
receptacle containing intoxicating liquor which is open while in the parking area of any shopping center or
other commercial establishment.
6-1-7: OPEN BOTTLE LAW:
A. No person shall drink or consume intoxicating liquors or non-intoxicating malt liquors in any motor
vehicle when such vehicle is upon a public highway or upon the ice of any lake, stream or river.Minnesota
Statute 169A.35, Open Bottle Law, is hereby adopted by reference and incorporated in this section.
B. No person shall have in possession while in a private motor vehicle upon a public highway or upon the
ice of any lake, stream or river, any bottle or receptacle containing intoxicating or non-intoxicating malt
liquor which has been opened, or the seal broken, or the contents of which have been partially removed.
For purposes of this Section, "possession" means either that the person had actual possession of the
bottle or receptacle or that the person consciously exercised dominion and control over the bottle or
receptacle. This subsection does not apply to a bottle or receptacle that is in the trunk of the vehicle if it is
equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and
passengers if the vehicle is not equipped with a trunk. It is a crime for a person to have in possession
any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2% 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.
C. It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner be not then
present in the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the
public highway or upon the ice of any lake, stream or river, any bottle or receptacle containing
intoxicating liquors or non-intoxicating malt liquors which has been opened, or the seal broken, or the
contents of which have been partially removed except when such bottle or receptacle shall be kept in the
trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the
motor vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed
to be within the area occupied by the driver and passengers.
184978v1
ORDINANCE NO. ______
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 3 AND 6 OF THE LAKEVILLE
CITY CODE CONCERNING THE OPEN BOTTLE LAW
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Section 3-1-12-1 (c) of the Lakeville City Code is deleted.
SECTION 2. Section 6-1-7 of the Lakeville City Code is amended to provide as
follows:
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.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED by the Lakeville City Council this 4th day of January, 2016
CITY OF LAKEVILLE
By:
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk