4.3. SR 08-03-2020 - Laserfiche WebLink

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From: Jelen, Julie <jjelen@lmc.org> Sent: Monday, June 15, 2020 4:12 PM To: Allard, Tina <tallard@ElkRiverMN.gov> Subject: RE: \[EXTERNAL\] FW: Research Question Submission Yes, makes sense. I know of cities that will allow to walk with an open container during events, but has it specifically laid out for hours and days of week allowed to match the event. Another city cordoned off the area where open containers were allowed. Sounds like a tweak to your current ordinance may be the solution. Julie Jelen | Loss Control Consultant Phone: (651) 268-6992 | Mobile: (612) 723-9217 jjelen@lmc.org From: Allard, Tina <tallard@ElkRiverMN.gov> Sent: Monday, June 15, 2020 4:04 PM To: Jelen, Julie <jjelen@lmc.org> Subject: RE: \[EXTERNAL\] FW: Research Question Submission Hi Julie: We have two businesses in our downtown that sell liquor as offsale. They say when a customer leaves with an offsale product and opens a container they are no longer responsible. Which is fine and I believe correct, but they want to allow and promote to the public that open containers are allowed in public places. When there are events scheduled downtown these businesses want to sell the alcohol to public attending. Kind of like a Key West or New Orleans situation. Make sense? Tina Allard City of Elk River – City Clerk 13065 Orono Parkway, Elk River, MN 55330 763.635.1003 ElkRiverMN.gov From: Jelen, Julie <jjelen@lmc.org> Sent: Monday, June 15, 2020 3:53 PM To: Allard, Tina <tallard@ElkRiverMN.gov> Subject: \[EXTERNAL\] FW: Research Question Submission Hi Tina – The short answer is there’s no liability to the city if you’re not serving/selling it. The ordinance is more the enforcement part. I also ran this question by Chris Smith, our Risk Management Attorney. The big question is what kind of business is this? If the business is selling the alcohol, it cannot allow alcohol to be taken off the premises. Minn. Stat. Section 340A.410 (https://www.revisor.mn.gov/statutes/cite/340A.410):