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Southaven, MS Public Conduct: Public Alcohol Use (2026)

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

Key Facts

Where open containers are allowed
Inside the Silo Square Leisure and Recreation District only
Container
Paper or plastic cup, not larger than 16 fluid ounces
Limit per person
One open container when leaving licensed premises
District size
29.29 acres more or less (Sec. 8-333)
Enforcing agency
Southaven Police Department (Secs. 8-308, 8-335)
Penalty
Fine up to $1,000, up to 90 days in jail, or both

Summary

In the City of Southaven, Sec. 8-334 lets patrons of on premises alcohol permittees carry one open container, in a paper or plastic cup of no more than sixteen fluid ounces, anywhere inside the Silo Square Leisure and Recreation District. The Southaven Police Department enforces the boundaries.

Any on premises retail alcoholic beverage permittee (hereafter "permittee") located within the district shall comply with all laws, rules and regulations which govern its license type, except that a patron, guest or member of that permittee may remove an open container of alcoholic beverage and/or wine from the licensed premises, and may possess and consume the alcoholic beverage and/or wine outside of the licensed premises anywhere within the boundaries of the district subject to the following regulations: ... (2)A permittee located in the district shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup, not larger than sixteen (16) fluid ounces in size, and no such alcoholic beverages shall be removed from licensed premises in a can, bottle, glass container or other container, except as otherwise allowed by law.(3)No permittee shall allow a patron, guest or member to exit its licensed premises with more than one (1) open container of alcoholic beverages, and it shall be unlawful for any person to exit such licensed premises with more than one (1) such open container.

Full Breakdown

Sec. 8-334 is the City of Southaven's open container exception. Under Sec. 8-331 the Board of Aldermen created the Silo Square Leisure and Recreation District on the authority of MCA 1972 § 67-1-101, and Sec. 8-333 describes the tract of 29.29 acres more or less by reference to Getwell Road and Silo Square Lane South. Inside that boundary a patron, guest or member of an on premises retail alcoholic beverage permittee can carry an open container out of the licensed premises and possess and drink it anywhere in the district.

The conditions are numeric. Drinks leave the premises only in a paper or plastic cup not larger than sixteen (16) fluid ounces, never in a can, bottle or glass container, and it is unlawful to exit with more than one (1) open container. A person cannot enter a licensed premises with an alcoholic beverage, whether bought there or elsewhere. Each permittee that takes part must post a map of the district boundaries at every point of egress and place a city approved garbage container at entrances to and exits from its premises. Sec. 8-334(5) says no permittee is required to let patrons take drinks out, and Sec. 8-334(9) bars any licensed premises from staying open later than other restaurants or licensed premises in the city.

Sec. 8-332 defines alcoholic beverages for this article as any alcoholic liquid, including wines of more than five (5) percent of alcohol by weight, capable of being consumed as a beverage. Sec. 8-335 makes the police department responsible for enforcing the boundaries. The smoking ban in Title X, Chapter 3 still applies in public places, and Sec. 8-334(8) preserves each officer's power to disperse a gathering large enough to interfere with public travel. Sec. 8-307 adds that the chapter does not authorize any sale or consumption otherwise prohibited by Mississippi law or city ordinance.

Violations & Fines

Sec. 8-306 sets a fine not exceeding $1,000, or imprisonment not exceeding ninety (90) days, or both, for violating the alcoholic beverage chapter, and Sec. 8-308 directs the Southaven Police Department to enforce it. Under Sec. 8-334(8), a person who fails to disperse when ordered by an officer is guilty of a misdemeanor punishable under MCA 1972 § 21-13-19. Sec. 8-309 adds civil abatement actions against establishments out of conformity.

Frequently Asked Questions

Can I walk around Silo Square with a drink in Southaven?
Yes, inside the district boundaries. Sec. 8-334 lets a patron, guest or member of an on premises retail alcoholic beverage permittee remove an open container and drink it anywhere in the Silo Square district. The drink must leave the premises in a paper or plastic cup of not more than sixteen (16) fluid ounces, and only one (1) open container at a time.
Can I bring my own alcohol into a Silo Square bar or restaurant?
No. Sec. 8-334(1) says a person may not enter a licensed premises with an alcoholic beverage, whether the drink was acquired at that licensed premises or elsewhere. The district rule only covers drinks taken out of a permittee's premises, and Sec. 8-334(5) does not require any permittee to allow takeout drinks.
What does a business in the district have to do?
A permittee that lets patrons take drinks out must post a map of the district boundaries at every point of egress, supplied by the city on request, and place a city approved garbage container at entrances to and exits from the licensed premises. It can serve takeout drinks only in paper or plastic cups, and cannot stay open later than other restaurants or licensed premises in the city.
Who enforces the district rules?
The Southaven Police Department. Sec. 8-335 makes the police department responsible for enforcing the boundaries of the district, and Sec. 8-308 orders it to enforce the chapter. Violations carry a fine not exceeding $1,000 or imprisonment not exceeding ninety (90) days, or both, under Sec. 8-306.

Sources & Official References

Other rules in Southaven

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