Bartow County, GA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Applies to
- Drivers and passengers in any vehicle on county roads
- Open container defined
- Container capable of being consumed from or seal broken
- Safe harbor
- Locked glove box, trunk, or nonpassenger area
- Motorhome exception
- Self-contained motorhomes over 21 feet
- Adopted
- August 16, 1989
Summary
Bartow County Code § 70-62 makes it unlawful to possess an open container of alcohol while driving or riding in a vehicle anywhere in the county. Passengers can avoid liability only by keeping the container in a locked glove box, trunk or other locked nonpassenger area.
Open container means any container which is immediately capable of being consumed from, or the seal of which has been broken. ... It is unlawful for any person to possess an open container of an alcoholic beverage while operating a vehicle in the county or while a passenger in or on a vehicle being operated in the county. ... (1)An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of the passenger, and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
Full Breakdown
Section 70-62 bars any person from possessing an open container of an alcoholic beverage while operating a vehicle in Bartow County, or while riding as a passenger in or on a vehicle being operated in the county. Section 70-61 defines an open container as any container immediately capable of being consumed from, or whose seal has been broken, and defines alcoholic beverages broadly to include all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine. The statute presumes an open container belongs to the driver unless it is in the passenger's physical control and not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle; an open container in a passenger's physical control is instead treated as that passenger's.
Section 70-63 carves out three narrow exceptions: a passenger riding with a driver operating under a contract to transport passengers who holds a valid state chauffeur's license, a bus passenger where the driver holds a valid chauffeur's license, and a passenger in a self-contained motorhome longer than 21 feet. The division was adopted by ordinance on August 16, 1989 and has not been amended since in this Code.
Violations & Fines
Section 70-62 sets no penalty of its own, so a violation is punished under the Code's general penalty, § 1-19: a fine of up to $1,000.00, imprisonment up to 180 days in the county jail or on county work and labor, or both, prosecuted in Bartow County Magistrate Court.
Frequently Asked Questions
Can a passenger drink alcohol in a moving car in Bartow County?
How can I legally transport an opened bottle of wine?
Does the open container law apply to RVs?
Sources & Official References
Other rules in Bartow County
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