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Olympia, WA Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
OMC 9.16.055
Prohibited acts
Open, possess an opened container, or drink liquor in public
Where
A public conveyance or public place
Who can approve
City Manager or designee, in writing, under an established policy
Penalty tier
Class 3 civil infraction under chapter 7.80 RCW
Failure to appear
Penalty in OMC 9.64.010(A), up to $1,000 and ninety days

Summary

In the City of Olympia, Washington, it is unlawful to open a container of intoxicating liquor, possess an opened one, or drink intoxicating liquor in a public conveyance or public place unless authorized by law, by a permit, or approved in writing by the City Manager. A violation is a class 3 civil infraction.

A. It is unlawful for a person to open any container which contains intoxicating liquor, or possess any such container which has been opened, or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law, by a permit, or specifically approved in writing pursuant to a previously established policy by the City Manager or the City Manager’s designee. B. Notwithstanding chapter 9.64 OMC, every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW. C. It shall be unlawful for any person to fail to appear as directed when served with a citation and notice to appear in Municipal Court and shall be subject to the penalty set forth in OMC 9.64.010(A).

Full Breakdown

The City of Olympia, in Thurston County, Washington, regulates drinking in public through Olympia Municipal Code § 9.16.055, Opening or consuming liquor in public place. Subsection A prohibits three acts: opening any container which contains intoxicating liquor, possessing any such container which has been opened, and drinking any intoxicating liquor, in a public conveyance or public place.

The prohibition has three ways around it. The activity can be previously authorized by law, authorized by a permit, or specifically approved in writing pursuant to a previously established policy by the City Manager or the City Manager's designee. A sealed bottle is not an opened container, so carrying one unopened does not trip the first two acts.

Subsection B sets the penalty tier. Notwithstanding chapter 9.64 OMC, which makes Title 9 violations misdemeanors, every person who violates any provision of the section is guilty of a class 3 civil infraction under chapter 7.80 RCW. That keeps an ordinary open-container citation out of criminal court.

Subsection C adds a separate duty. It is unlawful for any person to fail to appear as directed when served with a citation and notice to appear in Municipal Court, and that failure carries the penalty set forth in OMC 9.64.010(A): a misdemeanor with a fine not to exceed one thousand dollars, up to ninety days in jail, or both. A person who ignores the citation therefore faces a criminal charge the original civil infraction did not carry.

The term public place is defined elsewhere in the same chapter, in the pedestrian interference section, OMC 9.16.180(B)(4), as an area generally visible to public view that includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public.

Violations & Fines

Opening, possessing an opened container of, or drinking intoxicating liquor in a public place is a class 3 civil infraction under chapter 7.80 RCW. Failing to appear in Municipal Court as directed on the citation is a separate offense carrying the OMC 9.64.010(A) penalty: a fine not to exceed one thousand dollars, up to ninety days in jail, or both.

Frequently Asked Questions

Is an open container ticket a crime in Olympia?
The open-container violation itself is a class 3 civil infraction under chapter 7.80 RCW, expressly notwithstanding the Title 9 misdemeanor chapter. Failing to appear in Municipal Court as directed on the citation is a separate unlawful act carrying the OMC 9.64.010(A) misdemeanor penalty.
Can the City Manager approve drinking in a public place?
Yes. OMC 9.16.055(A) allows drinking where previously authorized by law, by a permit, or specifically approved in writing pursuant to a previously established policy by the City Manager or the City Manager's designee. Without one of those three, drinking in a public place in the City of Olympia is unlawful.
Does carrying a sealed bottle violate the rule?
The section prohibits opening a container of intoxicating liquor, possessing one that has been opened, and drinking in a public conveyance or public place. A container that is still sealed is none of those, so unopened carrying is not within the three listed acts.
What counts as a public place in Olympia?
OMC 9.16.180(B)(4) defines public place as an area generally visible to public view, including alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public. Section 9.16.055 also separately covers any public conveyance.

Sources & Official References

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