Fulton County, GA Public Conduct: Public Alcohol Use (2026)
Key Facts
- Ban radius
- 100 feet from package store
- Also banned
- Anywhere on store's property
- Offense class
- Misdemeanor
- Court
- State Court of Fulton County
- Applies to
- Unincorporated Fulton County only
Summary
Fulton County bans opening or drinking any alcoholic beverage within 100 feet of a package retail store, or anywhere on that store's property, in the unincorporated county, as a misdemeanor tried in state court.
It shall be unlawful for any person to open or consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form, or within the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance.(b)Any person violating this section shall be guilty of an offense which shall be punishable as a misdemeanor which shall be tried in the State Court of Fulton County. (Code 1983, § 34-1-3)
State Law reference— Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
Fulton County Code § 46-138 makes it unlawful to open or consume any alcoholic beverage within 100 feet of a retail store selling package alcohol, or anywhere within that store's property lines, whichever distance is greater. A violation is a misdemeanor tried in the State Court of Fulton County. The ban applies only in unincorporated Fulton County; Atlanta and the county's other cities set their own public-drinking rules.
Violations & Fines
Opening or drinking alcohol within 100 feet of a package store is a misdemeanor under § 46-138(b), tried in the State Court of Fulton County.
Frequently Asked Questions
Can I drink a beer outside a liquor store in Fulton County?
What's the penalty for public drinking near a store?
Sources & Official References
Other rules in Fulton County
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