Valdosta Daily Times

Local News

September 19, 2012

Don’t BYOB! County ordinance gives brown-baggers $1,000 fine, jail time

VALDOSTA — Lowndes County bar patrons will see a crack-down on consumption of alcohol in the parking lots of establishments outside city limits, following the passing of a brown-bag ordinance by the Board of Commissioners Sept. 11.

The ordinance defines brownbagging as bringing alcohol to a place other than where it was “lawfully purchased” and consuming it there. Apart from certain exceptions, all cases of brownbagging are prohibited and punishable by a fine of up to $1,000, six months imprisonment, or both.

On or off the premises of any establishment, exceptions include private events held on an occasional basis, non-profit events of a charitable, civic, religious, educational, artistic, theatrical or fraternal nature or non-profit events held for veterans organizations.

Under the ordinance, “operating or allowing, facilitating, permitting, or participating in the operation of a brownbagging establishment is unlawful and prohibited.” And even in cases of exception, establishments must be clear of alcohol by 1:55 a.m.

Brownbagging at private residences is legal under the ordinance.

Like serving alcohol without a liquor license, brownbagging has always been illegal on public property and at establishments, but language in the original County alcohol ordinance did not make the distinction clear, according to County Clerk Paige Dukes.

“One of the issues the County was having is that the bar may close, but the patrons were hanging around the parking lot, serving themselves alcohol, drinking out of cars,” Dukes said. “That can cause a high number of calls for assistance, increased DUIs and damage to parking lots, when people are allowed to drink in the parking lot all hours of the night.”

Dukes said she didn’t believe any establishment had been operating illegally, but that the ordinance does provide clarification that makes brownbagging disputes enforceable. Dukes also emphasized that “occasional” private events does not mean every weekend.

County establishments Cuz’s Sports Bar and Smok’n Pig BBQ, both licensed to sell alcohol, claimed the ordinance wouldn’t heavily affect their clientele or their business practices.

“There’s been an unwritten law for years,” Cuz’s Owner Sid Williams said. “It’s called public drunkenness.”

Patrons at Cuz’s sometimes ask to get “a beer to go,” Williams said, and they are allowed to drink within a certain distance of the bar’s front door, but they have never been authorized to drink in the parking lot or leave with open containers.

“Legally, you cannot walk off the sidewalk,” Williams said. “I know why it was done. They’re trying to get a better handle on everything, and we just have to abide by it.”

Smok’n Pig holds to a similar policy, according to manager Trish Roe. Patrons have never been allowed to bring their own beverages, but they have always been allowed to take their drinks out the front door, “if there’s a long wait,” provided they stay near the front.

To date, the County has received no complaints from alcohol-serving businesses, Dukes said.

For more on this story and other local news, subscribe to The Valdosta Daily Times e-Edition, or our print edition

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