The open container law states that it is illegal for a person to possess, transport, or consume any alcoholic beverage while on a public street, sidewalk, or park in the state of Georgia. This applies to both drivers and passengers in vehicles and pedestrians.
This law also prohibits individuals from having an open container of alcohol in their vehicle, even if they are not actively consuming it. The only exception is if the alcohol is stored in a locked trunk or storage compartment.
This law is in place to promote public safety and reduce instances of alcohol-related accidents and offenses. The new Georgia open container law builds upon this existing law and expands its scope to further regulate alcohol consumption in public places.
Changes to the Law
On November 11, 2020, the Marietta City Council made a significant change to the city’s alcohol laws. The council approved a new ordinance establishing an entertainment district downtown where open containers of alcoholic beverages are permitted.
This groundbreaking decision aims to revitalize Marietta’s downtown area by creating a more vibrant and inviting atmosphere for residents and visitors alike.
What Does the New Law Mean?
Under the new ordinance, patrons can purchase alcoholic beverages from licensed establishments within the designated entertainment district and consume them outdoors within the district’s boundaries. However, there are specific guidelines to follow:
- Designated Area: Open containers are only allowed within the designated entertainment district.
- Cup Restrictions: Alcoholic beverages must be served in clear, plastic cups no larger than 12 ounces.
- Time Limits: The entertainment district operates on specific days and hours:
- Thursdays: 5 PM to 10 PM
- Fridays: 5 PM to 11 PM
- Saturdays: 10 AM to 11 PM
- Sundays: 12 PM to 7 PM
- No Outside Alcohol: Patrons cannot bring their own alcoholic beverages into the entertainment district.
- Designated Exits: There are designated exits for patrons to dispose of any unfinished open containers before leaving the district.
Practical Advice on Compliance and Legal Context
Compliance with Marietta’s open container law is crucial to avoid penalties. Individuals should be mindful of designated areas where open containers are permissible. For instance, check for signage that indicates whether the area allows open containers or not. When in doubt, it’s safer to keep alcoholic beverages sealed until you are certain of the local regulations. Businesses, particularly bars and restaurants, should train their staff about these new laws to ensure customers are properly informed.
Understanding how this local ordinance interacts with Georgia state laws is essential. Georgia state law prohibits open containers of alcohol in vehicles, with penalties including fines and potential jail time for repeat offenders. In Marietta, while you may legally consume alcohol in certain outdoor areas, transporting an open container in a car remains illegal. This discrepancy means individuals must be cautious when moving between locations to ensure compliance with both local and state regulations.
For those hosting events, securing the necessary permits from the city can provide legal cover and ensure compliance with all local regulations. These permits often outline specific guidelines on where and how alcohol can be served and consumed. Event organizers should work closely with local authorities to navigate these requirements effectively.
The Frye Law Group is well-versed in Georgia’s open container laws and can provide legal guidance and representation. Whether you are facing charges under the new Marietta ordinance or have questions about compliance, our team of experienced attorneys is here to help. Contact us today for a consultation. Let us help you understand your rights and protect your interests under these new laws.