LOCAL ORDINANCES

Alcohol Restrictions in Certain Areas

Why is it important to prohibit alcohol possession and consumption in certain areas?

• Underage drinking parties may be held in a variety of unsupervised places, including parks, beaches, cemeteries, parking lots or on private property without the owner's consent.
• Prohibiting alcohol consumption in these public places may make it easier for police to prevent or break up underage drinking parties.
• Eliminating alcohol use in these areas may also reduce problems related to underage drinking, such as vandalism, fights, and drinking and driving.

SUMMARY: PROHIBITION OF ALCOHOLIC BEVERAGES IN CERTAIN AREAS ORDINANCE
The proposed ordinance prohibits the possession and consumption of alcohol in public parks, beaches and cemeteries. It also prohibits the consumption of alcohol on streets and other public areas, as well as on any private property without the owner's consent. This ordinance is based on Bloomington, MN Ordinance §13.79.

Proposed Ordinance

ALCOHOL RESTRICTIONS IN CERTAIN AREAS

Section 1. Prohibition.
The City Council finds that the consumption of alcoholic beverages in certain areas of the City is not compatible with the health and safety of persons using these areas. The City Council, therefore, enacts the following prohibitions:

1. Alcoholic beverages shall not be possessed or consumed by any person in the following areas:
   1. Parks, as defined by [ insert citation to relevant municipal ordinance ] of this Code, except that alcoholic beverages may be possessed or consumed in designated areas when a valid, temporary special event license is issued under [ insert citation to relevant municipal ordinance ];
   2. Cemeteries, as defined by [insert citation to relevant municipal ordinance].

1. Alcoholic beverages shall not be consumed by any person in the following areas:
   1. Public rights-of-way, streets, alleys, boulevards, sidewalks, pathways, bikeways and any other place frequented by the public;
   2. On any private property without the consent of the owner pursuant to Minnesota Statute section 471.985;
   3. While in a vehicle upon a public highway.

Section 2. Penalties.
The penalties for violation of this section shall be as follows:

1. For the first violation, a fine not less than fifty dollars ($50) and not exceeding one hundred dollars ($100).
2. For subsequent violations, a fine not less than one hundred dollars ($100) and not exceeding seven hundred dollars ($700).

This ordinance shall take effect immediately.