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Subd. 7.License limited to space specified. <br />A licensing authority may issue a retail alcoholic beverage license only for a space that <br />is compact and contiguous. A retail alcoholic beverage license is only effective for the <br />licensed premises specified in the approved license application. <br /> <br />There are some limited exceptions that would not appear to apply here, e.g., auto racing tracks, some <br />museums, arenas, etc. <br /> <br />Also, liquor liability insurance typically applies only to the licensed premises. So if a bar or restaurant <br />allowed alcohol to be taken off-premises, it may lose the protection of its liability insurance. <br /> <br />If people are bringing and walking around with their own liquor to a park or some other location and <br />there’s no sale, that would be allowed unless there is an ordinance prohibiting open consumption which <br />appears to be the case here in some locations. The city could change its ordinance. <br /> <br />From a coverage perspective, it’s hard to speculate on hypothetical facts. But the city has coverage for <br />all claims unless there is an exception that says there is no coverage. Liquor sales are excluded under <br />the city’s LMCIT coverage. But as long as the city’s conduct does not involve the sale of alcohol, there <br />should be coverage. <br /> <br />For example, if people were walking around with their own alcohol (not sold by the city) in violation of a <br />city ordinance and the city did nothing to stop such conduct and someone got injured and the city was <br />sued, alleging the city’s negligence caused the injury, LMCIT would defend the city. I should note that if <br />someone sued the city for injunctive relief, i.e., to stop the city from doing something or force the city to <br />do something, and did not ask for damages, that might not be a covered claim. Coverage for most <br />claims is triggered by a plaintiff asking for damages. <br /> <br />Hope this answers your question. Reach out to me if you have additional questions. <br /> <br />Julie Jelen | Loss Control Consultant <br />Phone: (651) 268-6992 | Mobile: (612) 723-9217 <br />jjelen@lmc.org <br /> <br /> <br />From: Glass, Jacob <JGlass@lmc.org> <br />Sent: Monday, June 15, 2020 12:44 PM <br />To: Jelen, Julie <jjelen@lmc.org> <br />Subject: FW: Research Question Submission <br /> <br />Research Question Submission <br />Thank you for submitting a research question to the League of Minnesota Cities. <br />The League's Research Staff will begin working on it as soon as possible. <br /> <br />You submitted the following information: <br />Question submitted: <br />Hi: Our Council will be discussing whether to allow alcohol/open containers in public places. Our code <br />says it is not allowed. We have a downtown business who wants it. Past practice has been to allow in <br /> <br />