Smyrna, GA Public Conduct: Public Alcohol Use (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?
How much alcohol can I take out of a Smyrna bar in a restaurant district?
Is drinking allowed in Smyrna parks?
What hours are outdoor drinks allowed in a restaurant district?
Can passengers or drivers have an open container in a car in Smyrna?
Sources & Official References
Other rules in Smyrna
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How other cities in Cobb County handle public alcohol use.