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Burlington, WI Public Conduct: Public Alcohol Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Open-container ban
§ 187-1, streets, sidewalks, alleys
Park alcohol rule
Permission of Park Board required
Public-place rule
License or permit required, § 187-3
Under-21 rule
Zero measurable BAC in public, § 187-3.1
Event exception
Council can waive ban for permitted events

Summary

Burlington bans possessing an open container of beer or liquor on any public street, sidewalk, alley or municipal parking lot, or in a vehicle on one, and separately bars consuming alcohol in most other public places without an appropriate license. Special event permits can temporarily lift the ban.

No person shall have in his possession on any public street, sidewalk or alley, or municipal parking lot, or on or in any motor vehicle on a public street, sidewalk or alley, any open container of fermented malt beverages or intoxicating liquor. ... No person shall have in his possession or consume ... any fermented malt beverage or intoxicating liquor in any public place, unless the owner, lessee or person in charge of such public place has an appropriate retail license or permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Section 187-1 prohibits having in one's possession, on any public street, sidewalk or alley, or municipal parking lot, or on or in any motor vehicle on a public street, sidewalk or alley, any open container of fermented malt beverages or intoxicating liquor. Section 187-2 separately bars possessing or consuming alcohol in any City park except with permission of the Supervisor of Streets and Parks or the Park Board. Section 187-3, added in 1989, extends the ban to any public place, unless the owner, lessee or person in charge holds an appropriate retail alcohol license or permit; it exempts county-owned buildings and parks, athletic fields and stadiums, schools, churches, the state fair park and clubs.

1, added in 2012, separately makes it unlawful for anyone under 21 to have any measurable blood alcohol concentration while on a public street, sidewalk, alley or open parking lot, unless accompanied by a parent, guardian or spouse 21 or older. 2, lets the Common Council modify or waive the open-container, park and public-place bans within the footprint of an approved special event permit under § 100-5, for the event's duration, subject to whatever conditions the Council sets. 2 expressly names sections 187-1 through 187-3 as the prohibitions it may suspend.

Violations & Fines

Violating the open-container, park or public-place alcohol rules carries the Code's general penalty under § 1-4: $5 to $500 for a first offense and $10 to $1,000 for a repeat offense within a year, plus costs, with up to 90 days in jail if the forfeiture is unpaid. A minor found with any measurable blood alcohol on a public way faces the same general penalty framework under § 187-4.

Frequently Asked Questions

Can I carry an open beer on a Burlington sidewalk?
No. Section 187-1 bans possessing any open container of fermented malt beverages or intoxicating liquor on a public street, sidewalk, alley or municipal parking lot, and the same ban applies inside a vehicle parked or driving on one of those public ways.
Can I drink alcohol in a Burlington park?
Only with permission. Section 187-2 prohibits possessing or consuming beer or liquor in any City park unless the Supervisor of Streets and Parks or the Park Board has authorized it in advance, which happens only for a scheduled and approved park event or gathering.
Does Burlington ever allow public drinking downtown?
Yes, temporarily. Under section 187-3.2, added in 2024, the Common Council can modify or eliminate the open-container and public-place bans within the area covered by an approved special event street-closing permit issued under section 100-5, for the duration of that event only.

Sources & Official References

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