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Smyrna, GA Public Conduct: Public Alcohol Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Smyrna Code § 6-46(d) (amended by Ord. No. 2025-012)
Open drinks allowed
Only inside a restaurant district set by resolution
Container limit
One drink per person, no larger than 16 fluid ounces, not glass or can
On-street window
After 11:00 a.m. and no later than 12:00 a.m. unless resolution differs
City parks
Barred except closed functions and city sanctioned events (§ 70-2(a))
Vehicles
Open container while driving unlawful (§ 6-72(c))

Summary

In the City of Smyrna, Georgia, open alcohol on the street is legal only inside a Mayor and Council restaurant district, where drinking from a can, bottle or glass outdoors is unlawful and consumption is limited to a set daily window. City parks are closed to alcohol except at closed functions and city sanctioned events.

(d)Exceptions—Outside consumption of alcoholic beverages permitted—Restaurant districts. ... (4)Drinking from can, bottle, or glass prohibited. It shall be unlawful within a restaurant district for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and/or parking lots, whether public or private. ... Nothing in this section or any resolution enacting a restaurant district shall be construed as to allow the possession or consumption of alcoholic beverages in city parks or inside public buildings unless specifically authorized by the city.(7)Consumption limited to lawful hours of operation. Unless authorized by the mayor and council in the resolution creating the restaurant district, no alcoholic beverage purchased within the restaurant district pursuant to this provision shall be consumed within the restaurant district on the streets, sidewalks, rights-of-way, and/or parking lots, whether public or private, prior to 11:00 a.m. or later than 12:00 a.m.

Full Breakdown

The core public-drinking rule is in section 6-46 of the Smyrna Code, the carry-in section, most recently amended by Ord. No. 2025-012 on 12-15-25. Subsection (c) says alcoholic beverages sold for consumption on the premises must be consumed only on the licensed premises unless state law or city ordinance allows otherwise. Subsection (d) then creates the one exception: a restaurant district, defined as a specifically authorized and pedestrian oriented area of the city established by resolution of Mayor and Council. Inside it, a licensed pouring establishment can hand out a drink in a paper or plastic cup, one drink per person at a time, with no container larger than 16 fluid ounces.

Under subsection (d)(4) it is unlawful in the district to drink from, or possess an open, can, bottle or glass on the streets, sidewalks, rights-of-way or parking lots, public or private. Drinks must be bought from a licensed premises in the district and cannot be carried outside it or into a different building in it; consuming in a parking lot is unlawful unless the city specifically authorizes it. Subsection (d)(7) confines on-street consumption to the period after 11:00 a.m. and no later than 12:00 a.m., unless the resolution creating the district says otherwise, and subsection (d)(6) states that a restaurant district never permits alcohol in city parks or inside public buildings without specific city authorization.

Parks are covered separately. Section 70-2(a) bars selling, possessing or consuming alcoholic beverages in any city park except at a closed function as defined in section 6-2 or a city sanctioned event at Taylor-Brawner Park or the Smyrna Market Village Green area. Section 6-72(c) makes it unlawful to consume or possess an open or unsealed container while driving or operating a vehicle on a public road, and section 6-72(a) bans alcohol in any school building or on school ground.

Violations & Fines

Violations fall under section 1-8 unless a chapter says otherwise: a fine not exceeding $1,000.00, jail up to six months, probation up to six months, community service up to 30 days, or a mix, with each day a separate offense. A park conviction under section 70-2(d) is also reported to the parks and recreation director, who can suspend park use for up to one year per offense.

Frequently Asked Questions

Can I walk down the street in Smyrna with an open drink?
Only inside a restaurant district created by Mayor and Council resolution, and only with a drink served in a paper or plastic cup, not a can, bottle or glass. Outside a restaurant district, section 6-46 keeps drinks on the licensed premises where they were sold.
How much alcohol can I take out of a Smyrna bar in a restaurant district?
Section 6-46(d) allows one alcoholic beverage per person at a time, in a container that is not a can, bottle or glass. No container removed from the premises can exceed 16 fluid ounces, and the drink must be consumed within the district.
Is drinking allowed in Smyrna parks?
Not in general. Section 70-2(a) prohibits selling, possessing or consuming alcoholic beverages in any city park except at a closed function as defined in section 6-2 or a city sanctioned event held at Taylor-Brawner Park or the Smyrna Market Village Green area.
What hours are outdoor drinks allowed in a restaurant district?
Section 6-46(d)(7) bars consuming on streets, sidewalks, rights-of-way and parking lots before 11:00 a.m. or later than 12:00 a.m., unless Mayor and Council set different hours in the resolution creating the district. Parking lot drinking also needs specific city authorization.
Can passengers or drivers have an open container in a car in Smyrna?
Section 6-72(c) makes it unlawful to consume or to have in your possession, while driving or operating any vehicle on a public road or street, any alcoholic beverage in an open or unsealed original container or cup, can, bottle or other open or unsealed container.

Sources & Official References

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