Madison, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- MGO § 38.07(8)
- Bail deposit
- $200 (MGO § 1.08(3)(a))
- Covers
- Streets, sidewalks and alleys
- Permit exception
- Street Use Permit + Class B picnic license
- Second exception
- Licensed sidewalk cafe premises
- Enforcing agency
- Madison Police Department
Summary
Madison bans possessing an open container of alcohol or drinking on any public street, sidewalk or alley citywide. The only carve-outs are a Street Use Permit picnic license or a licensed sidewalk cafe: there is no general public-drinking allowance.
(8) Possess Open Container on Street. It shall be unlawful for any person to possess an open container which contains alcohol beverages or consume any alcohol beverages upon any public street (including sidewalks and alleys) within the City of Madison except when such street or portion thereof is included within an area for which a Street Use Permit has been granted pursuant to Sec. 10.056 of these ordinances and a temporary Class B License (Picnic) has been approved by the Common Council under Sec. 38.05(9)(e)2., and except in areas holding a sidewalk cafe license pursuant to Sec. 9.13 of these ordinances, and for which the sidewalk is part of the licensed premises as that term is used in Sec. 38.02 of these ordinances.
Full Breakdown
07(8) makes it unlawful to possess an open container of alcohol beverages or to consume alcohol on any public street within the city, and the section defines "street" broadly to include sidewalks and alleys. The only exceptions are (1) a street closed under a Street Use Permit issued under Sec. 056, MGO, combined with a temporary Class B "Picnic" license approved by the Common Council under Sec. , and (2) an area covered by a sidewalk cafe license under Sec. 13, MGO, where the sidewalk portion is legally part of the licensed premises.
Related open-container restrictions sit in the same section: Sec. 07(6) makes it unlawful for a licensee to permit any person to leave the licensed premises carrying an open container, and Sec. absent Park Commission approval of a later time. Sec. 07(15) extends the same open-container prohibition to public library property unless the Library Board authorizes it. The bail deposit schedule at Sec. 08(3)(a), MGO, used by the Madison Municipal Court to set the amount a person must post to avoid a mandatory court appearance, lists a $200 deposit for a violation of Sec.
07(8), and a matching $200 deposit for the companion violation of Sec. 07(6) (licensee permitting a patron to leave with an open container). Any law enforcement officer may issue a citation for these offenses, and the Madison Police Department is the primary enforcing agency for Chapter 38 street-level violations. Because the ordinance covers alleys as well as streets and sidewalks, the prohibition applies to virtually all public rights-of-way in the city outside a permitted event footprint.
Violations & Fines
A violation of Sec. 38.07(8) is enforced through the Madison Municipal Court's forfeiture and bail-deposit process. Sec. 1.08(3)(a), MGO sets the standard cash bail deposit for this offense at $200; the companion offense of a licensee permitting a patron to leave with an open container under Sec. 38.07(6) carries the same $200 deposit. Citations may be issued by any law enforcement officer.
Frequently Asked Questions
Can I carry a beer while walking down the street in Madison?
Are there any exceptions to Madison's open container rule?
Can a bar let a customer walk out the door with a drink in Madison?
Does Madison's open container ban apply in city parks?
Sources & Official References
Other rules in Madison
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Public Alcohol Use in Nearby Cities
How other cities in Dane County handle public alcohol use.