§ 364.40. Consuming in public.

(a) No person shall consume intoxicating liquor as defined by Minnesota Statutes, Section 340A.101, Subdivision 14, or nonintoxicating malt liquor as defined by Minnesota Statutes, Section 340A.101, Subdivision 19, while (1) on a public street, highway, alley, sidewalk, boulevard, or any place frequented by the public; (2) on any private property without the consent of the owner of such property; or (3) while in a vehicle upon a public highway. This section shall not prohibit the consumption of such beverages at duly licensed on-sale premises, or if otherwise authorized by law.

(b)

Within the premises of the property known as the Downtown East Commons, bounded by 4th Street South, Park Avenue, 5th Street South, and 5th Avenue South, but not including any public street or sidewalk or any portion of the premises operating under the provisions of an on sale alcohol license or permit issued by the licensing official, the city council may, by resolution or ordinance, adopt rules, regulations, and limitations allowing for the possession and consumption of alcoholic beverages. Such rules, regulations, and limitations may address any matters associated with such possession and consumption of beverage alcohol, including, but not limited to, permitted times, hours, events, locations, beverage classes and types, behavior, and containers. Any violation of such a duly-adopted and posted rule, regulation, or limitation shall constitute a violation of this section. (Code 1960, As Amend., § 853.030; 80-Or-268, § 1, 11-14-80; Pet. No. 251179, § 35, 12-29-89; Ord. No. 2017-016 , § 1, 4-28-17)

Cross reference

Authority to operate sidewalk café, notwithstanding provisions of above section, § 265.280.