The open container law in Marietta includes a permanent exception for the downtown entertainment district, where you can legally carry an open drink from a licensed establishment at any time of day. Georgia state law under O.C.G.A. § 40-6-253 prohibits open containers in vehicles, and separate state law broadly restricts public alcohol consumption, but the Marietta entertainment district carves out a legal exception to the public consumption rules. Step outside the district’s boundaries with that drink, however, and you may be violating state law.
Georgia takes its open container laws seriously. But if you have spent time around Marietta Square, you have probably seen people walking around with drinks in hand and wondered whether that is actually legal. The answer depends entirely on where you are and where that drink came from.
Kim Keheley Frye and the team at Frye Law Group handle alcohol-related offenses throughout Marietta and Cobb County. Below we break down exactly what Georgia law says, what Marietta’s ordinance allows, and where the line is.
Georgia’s Open Container Law
Under O.C.G.A. § 40-6-253, it is illegal in Georgia to:
- Consume any alcoholic beverage in the passenger area of a motor vehicle on a public highway
- Possess an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway
This applies to both drivers and passengers. The only exceptions are a locked glove compartment or, in vehicles without a trunk, the area behind the rearmost upright seat. A violation carries a civil fine of up to $200. It is not a misdemeanor and does not result in a criminal record.
Outside of vehicles, public alcohol consumption in Georgia is generally regulated at the local level. Most cities and counties prohibit it by ordinance, and those same local governments can also create entertainment districts where it is permitted, which is exactly what Marietta has done.
Marietta’s Entertainment District: What Changed and When
In November 2020, the Marietta City Council approved a one-year trial ordinance creating a downtown entertainment district where open containers of alcohol are permitted. The trial was a success. In November 2021, the council voted unanimously to make the ordinance permanent and removed the previous day and time restrictions entirely.
What this means today: you can legally carry an open alcoholic beverage within Marietta’s downtown entertainment district at any time of day, as long as you follow the rules below.
What the Marietta Open Container Ordinance Actually Allows
The ordinance permits open containers within the designated entertainment district only. Here are the rules that apply:
- Licensed establishments only: The drink must be purchased from a restaurant or bar within the entertainment district that holds an active alcohol license
- Cup restrictions: All to-go drinks must be served in clear, plastic cups of 12 ounces or less
- No outside alcohol: You cannot bring your own alcoholic beverages into the district from outside
- District boundaries only: You can only consume your open drink within the designated entertainment district. Once you leave those boundaries, you are subject to Georgia state law
- No open containers in vehicles: If you bring an open drink into the passenger area of a vehicle on a public road, you may be violating O.C.G.A. § 40-6-253.
Where People Get Into Trouble
The most common mistake is carrying a drink outside the entertainment district boundaries, either not knowing where the boundaries are or assuming the exception extends further than it does. The district does not cover all of downtown Marietta, and Glover Park and its bordering sidewalks are specifically excluded.
The second most common issue is transporting an open container in a vehicle. Even if you legally purchased a drink within the entertainment district, putting it in your car’s passenger area, even in the cupholder, even if you are not drinking it, can result in a violation under Georgia state law. The only safe options are a locked glove compartment or storing it in the trunk if your car has one.
Charged With an Open Container Violation in Marietta?
An open container violation under O.C.G.A. § 40-6-253 is a civil fine of up to $200. While it may seem minor, a conviction goes on your record and can affect employment, professional licensing, and other areas of your life.
Frye Law Group handles alcohol-related charges throughout Marietta and Cobb County and can advise you on your options. Contact us today for a free case evaluation.
Frequently Asked Questions
1. Is it legal to walk around with a drink in Marietta, Georgia?
Yes, but only within the designated downtown entertainment district and only if the drink was purchased from a licensed establishment within that district. The drink must be in a clear plastic cup of 12 ounces or less. Outside the district boundaries, Georgia’s open container laws apply.
2. What are the hours for Marietta’s entertainment district?
Since the ordinance was made permanent in November 2021, there are no day or time restrictions. You can legally carry an open drink within the district at any time of day, as long as alcohol is being legally sold by the establishment you purchased it from.
3. Can I bring my own alcohol into Marietta’s entertainment district?
No. The ordinance only permits alcohol purchased from licensed establishments within the district. Bringing your own alcoholic beverages into the district is not permitted under the ordinance.
4. Can I carry my open drink from the entertainment district to my car?
No. Georgia state law under O.C.G.A. § 40-6-253 prohibits open containers of alcohol in the passenger area of a motor vehicle. The Marietta entertainment district ordinance does not override state law. Putting an open drink in your car, even if you are not consuming it, can result in a violation if you are the one in possession of it. If you are alone in the vehicle, you are automatically considered to be in possession of any open container in the passenger area.
5. What happens if I am caught with an open container outside the entertainment district in Marietta?
It depends on where you are. If you are in a vehicle on a public road, you may face a civil fine of up to $200 under O.C.G.A. § 40-6-253. If you are on foot outside the district boundaries, the applicable penalties depend on Marietta’s local ordinance. Contact Frye Law Group if you are facing an open container charge.
6. What is the penalty for an open container violation in Georgia?
An open container violation under O.C.G.A. § 40-6-253 is not a misdemeanor. It is a civil offense punishable by a fine of up to $200, and it does not result in a criminal conviction. If the violation occurs in connection with a DUI stop, the consequences can be significantly more serious.
7. Does the Marietta entertainment district include Glover Park?
No. Glover Park and its bordering sidewalks are specifically excluded from the entertainment district boundaries. Open containers are not permitted in or immediately around Glover Park even though it sits within the broader downtown area.
8. Can businesses in the entertainment district serve alcohol to go at any time?
Businesses can sell to-go drinks during any hours when they are legally permitted to sell alcohol under their license. The entertainment district ordinance removed the previous day and time restrictions, but individual establishments are still bound by their own licensing hours and Georgia’s alcohol sales laws.