2025 Georgia Codes – Page 1

(a) It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter.
(b) Except as otherwise provided in this chapter, any person who violates any prohibition contained in this
chapter shall be guilty of a misdemeanor.

(a) For purposes of this Code section, the term:
(1) “Approved container” means a tamper evident container that:
(A) Does not contain openings or straw holes;
(B) Is sealed in a manner that is visibly apparent if the container has been subsequently opened or tampered
with; and
(C) Has an affixed label or marking that identifies the licensee that prepared and sold the mixed drink.
(2) “Curbside pick-up” means when a licensee furnishes purchased goods to a customer’s vehicle within a
clearly designated pick-up area located within a paved parking area adjacent to the licensed premises.
(3) “Food service establishment” means any establishment holding a valid food service permit from its
respective county health department.
(4) “Mixed drink” means a beverage prepared by combining distilled spirits with nonalcoholic liquid or
liquids and that:
(A) Is prepared on the day of sale by an employee of the licensee;
(B) Contains no more than 3 ounces of distilled spirits; and
(C) Is sealed in an approved container.
(b) Notwithstanding any other contrary provision of law and unless otherwise prohibited by local ordinance
or resolution, any food service establishment which is licensed to sell distilled spirits for consumption on
the premises may sell mixed drinks for off-premises consumption in approved containers, provided that such
mixed drinks are:
(1) Sold to an individual 21 years of age or older who shall be limited to two mixed drinks per entree
ordered;
(2) Accompanied by a food order and a sales receipt with a time stamp that indicates the date and time of
such purchases;
(3) Sold for personal use and not for resale and picked up in person by the same individual customer to
whom the mixed drinks and entrees were sold and from whom the food service establishment received pay-
ment; provided, however, that such individual customer shall not include a delivery service or third-party
agent; and
(4) Furnished with the accompanying food order to the customer on the premises or by way of curbside
pick-up.
(c) If transported in a motor vehicle, the customer shall place the mixed drink in a locked glove compartment,
a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
(d) Sales of mixed drinks for off-premises consumption shall be taxed in accordance with Code Sections 3-4-
130 through 3-4-133.
(e) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section.

(a) Except as provided in subsection (b) of this Code section, no person shall possess any alcoholic beverages
upon the grounds or within any structure of a public elementary school; public high school; or public trade,
vocational, or industrial school.
(b) Subsection (a) of this Code section shall not apply to any situation where alcoholic beverages are used
by a teacher for educational purposes nor to any situation where alcoholic beverages are used in a religious
ceremony or observance.