§ 46-139. Possession of open containers of alcoholic beverages in vehicles; definitions; prohibitions; application of section; penalties.

(a)

As used in this section, the term:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wines.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines.

Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than six percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer.

Open container means any container which is immediately capable of being consumed from, the seal of which has been broken, and which is closed but not sealed, or which is open.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

(b)

It is unlawful for any person to possess an open container of an alcoholic beverage while operating a vehicle or while a passenger in or on a vehicle in the unincorporated areas of Fulton County.

(c)

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 a passenger, or if the container is not located in a locked glove compartment, locked trunk, or other locked or secured nonpassenger area of the vehicle, or if the operator has physical control of the container.

(d)

An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.

(e)

This section shall not apply to:

(1)

A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid chauffeur's license pursuant to Georgia law or any other state;

(2)

A passenger of a bus in which the driver holds a valid chauffeur's license pursuant to Georgia law or any other state;

(3)

A passenger of a self-contained motor home which is in excess of 21 feet in length; or

(4)

An open container which no longer contains an alcoholic beverage.

(f)

Any person, operator of a vehicle, or passenger who violates this section shall be punished as is provided for misdemeanor violations.

(Ord. of 10-25-89, §§ 1—6)

State law reference

Possession of open container of alcoholic beverage while operating vehicle, O.C.G.A. § 40-6-253; penalty for ordinance violations, O.C.G.A. § 36-1-20(b); punishment for misdemeanors, O.C.G.A. § 17-10-3.

Cross reference

Definitions generally, § 1-2.