3-1-1. Short title.

This title shall be known and may be cited as the "Georgia Alcoholic Beverage Code."

(Code 1933, § 5A-101, enacted by Ga. L. 1980, p. 1573, § 1.)

3-1-2. (See Editor's notes.) Definitions.

As used in this title, the term:

1. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
2. "Alcoholic beverage" means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

   (2.1) "Bar" means any premises at which a retailer licensed pursuant to this title to sell alcoholic beverages derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises.

3. "Brewpub" means any eating establishment in which malt beverages are manufactured, subject to the barrel production limitation prescribed in Code Section 3-5-36. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of malt beverages sold to licensed wholesale dealers, as authorized pursuant to subparagraph (D) of paragraph (2) of Code Section 3-5-36, or to the public for consumption off the premises, as authorized pursuant to subparagraph (D) of paragraph (2) and paragraph (4) of Code Section 3-5-36, shall not be used.
4. "Broker" means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage.
5. "Commissioner" means the state revenue commissioner.
6. "County or municipality" means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities.
7. "Department" means the Department of Revenue.
8. "Distilled spirits" means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume.
9. "Fortified wine" means any alcoholic beverage containing not more than 24 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.
10. "Gallon" or "wine gallon" means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement.

    (10.1) "Hard cider" means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include "sweet cider."

11. "Importer" means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage.
12. "Individual" means a natural person.
13. "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 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.
14. "Manufacturer" means any maker, producer, or bottler of an alcoholic beverage. The term also means:
    1. In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits;
    2. In the case of malt beverages, any brewer; and
    3. In the case of wine, any vintner.
15. "Military reservation" means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States.
16. "Package" means a bottle, can, keg, barrel, or other original consumer container.
17. "Person" means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public.
18. "Retail consumption dealer" means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale.
19. "Retailer" or "retail dealer" means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term shall have the same meaning as the term "retail package liquor store."

    (19.1) "Retail package liquor store" means a retail business establishment owned by an individual, partnership, corporation, association, or other business entity:

    1. Primarily engaged in the retail sale of distilled spirits, malt beverages, and wine in unbroken packages, not for consumption on the premises, except as authorized under this chapter; and
    2. Which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, malt beverages, and wine.
20. "Shipper" means any person who ships an alcoholic beverage from outside this state.
21. "Standard case" means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters.
22. "Taxpayer" means any person made liable by law to file a return or to pay tax.
23. "Wholesaler" or "wholesale dealer" means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.
24. "Wine" means any alcoholic beverage containing not more than 24 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. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section.

    (Code 1933, § 5A-102, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, §§ 2-4; Ga. L. 1994, p. 553, § 1; Ga. L. 1995, p. 734, § 1; Ga. L. 1998, p. 1581, § 1; Ga. L. 2004, p. 584, § 1; Ga. L. 2006, p. 206, § 1/HB 1248; Ga. L. 2012, p. 680, § 1/HB 472; Ga. L. 2013, p. 767, § 2/HB 124; Ga. L. 2014, p. 366, § 1/SB 286; Ga. L. 2015, p. 317, § 1/SB 63; Ga. L. 2015, p. 578, § 1/HB 152; Ga. L. 2018, p. 1112, § 3/SB 365.)

For application of this statute in 2020, see Executive Orders 03.23.20.01 and 04.23.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation in the first sentence of paragraph (10.1).

Cross references. - General powers and duties of commissioner, § 48-2-7 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, paragraphs (22) and (23) were redesignated as paragraphs (23) and (22), respectively.

Pursuant to Code Section 28-9-5, in 1998, a minor punctuation change was made at the end of paragraph (10.1).

3-1-3. Use of existing forms and filings relating to licenses or taxes.

Every form of license or tax document or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes.

(Code 1933, § 5A-104, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2006, p. 206, § 2/HB 1248.)

3-1-4. Penalty for violations of provisions of title.

1. It is unlawful for any person knowingly and intentionally to violate any criminal prohibition contained in this title.
2. Except as otherwise provided in this title, any person who violates any criminal prohibition contained in this title shall be guilty of a misdemeanor.

   (Code 1933, § 5A-9904, enacted by Ga. L. 1980, p. 1573, § 1.)

3-1-5. Posting of warning by retailer that consumption of alcohol during pregnancy is dangerous.

1. All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: "Warning: Drinking alcoholic beverages during pregnancy can cause birth defects."
2. The department shall make such warning signs available to such retailers of alcoholic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
3. Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation. (Code 1981, § 3-1-5 , enacted by Ga. L. 1986, p. 618, § 1.)

3-2-1. Powers and duties of commissioner generally; delegation of administrative duties.

The commissioner shall administer and enforce this title. The commissioner may designate employees of the department for the purpose of administering this title and may delegate to employees of the department any of the duties required of him pursuant to this title.

(Code 1933, § 5A-301, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-2. Promulgation of rules and regulations generally; forms.

1. The commissioner may make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or the Constitution of this state or of the United States for the enforcement of this title and the collection of revenues under this title.
2. The commissioner shall prescribe the forms which he deems necessary in order to administer and enforce this title.
3. The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
4. This Code section shall apply with respect to all rules and regulations promulgated by the commissioner pursuant to this title.

   (Code 1933, § 5A-302, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)

Editor's notes. - In light of the similarity of the statutory provisions, annotations decided under from Ga. L. 1937-38, Ex. Sess., p. 103 are included in the annotations for this Code section.

Law reviews. - For article suggesting the inclusion of alcoholic beverage regulation under the Georgia Administrative Procedure Act, in order to satisfy due process and equal protection requirements, see 1 Ga. St. B. J. 269 (1965).

3-2-3. Powers and duties of commissioner as to denial, suspension, or cancellation of licenses or permits generally; promulgation of rules and regulations as to conversion of standards of measurement and labeling of distilled spirits.

In addition to his or her other duties and responsibilities to administer this title, the commissioner may:

1. Deny, suspend, or cancel any license or permit required under this title if:
   1. The license application is not filed in good faith or is filed by some person as a subterfuge for any other person;
   2. Any applicant for a license or permit or any licensee or permit holder under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or
   3. Any person to whom a license or permit has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee or permit holder under this title.

      Before any denial, suspension, or cancellation of a license or permit granted pursuant to this title, the applicant, licensee, or permit holder shall be afforded a hearing in the manner and subject to the conditions and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant, licensee, or permit holder in writing of the denial, suspension, or cancellation by registered or certified mail or statutory overnight delivery to the last known address of the applicant, licensee, or permit holder appearing in the commissioner's files or by personal service upon the applicant, licensee, or permit holder by an authorized agent of the commissioner. Upon cancellation of a license or permit for cause under this paragraph, there shall be no renewal or reissuance of the canceled license or permit for a period of two years from the date of cancellation;

2. In the event that the license of any person is canceled by the commissioner under the authority of this title, hold the bonds of the person for a period of three years against any liabilities accruing as a result of the business of the person whose license is canceled. In no event shall the surrender of any bond release any liability;
3. Enter into agreements with appropriate authorities of other states who enforce the alcoholic beverage laws thereof, to exchange information relative to the manufacture, receipt, sale, use, or transportation of alcoholic beverages;
4. Promulgate rules and regulations which he or she deems necessary for the conversion from the metric system of measurement to the equivalent English measurement in United States gallons and subdivisions of gallons and shall compute all tax rates at the equivalent English measurement; and
5. Promulgate rules and regulations, not inconsistent with federal laws or regulations, requiring informative labeling of all distilled spirits offered for sale in this state.

   (Code 1933, § 5A-303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 5; Ga. L. 1982, p. 1463, §§ 1, 8; Ga. L. 1984, p. 22, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 317, § 2/SB 63.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1937-38, Ex. Sess., p. 103 are included in the annotations for this Code section.

Law reviews. - For comment, "Retail Liquor Licenses and Due Process: The Creation of Property Through Regulation," see 32 Emory L.J. 1199 (1983).

3-2-3.1. Power of commissioner to permit importation of alcohol into counties and municipalities; taxation of such alcohol.

The commissioner, in accordance with such rules and regulations as he shall adopt, in his discretion may permit importation of distilled spirits and alcohol into any county or municipality where the manufacture and sale of the spirits or alcohol has been legalized. These rules and regulations shall provide for the collection of all taxes due on the distilled spirits or alcohol.

(Code 1933, § 5A-303.1, enacted by Ga. L. 1981, p. 1269, § 6.)

3-2-4. Sale, distribution, or other dealing in alcoholic beverages by employees, agents, or officers of department prohibited; exemption.

1. No employee, agent, or officer of the department, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties.
2. The commissioner may provide by rule for the exemption of employees of the department from the provisions of this Code section so as to permit employment within the alcoholic beverage trade when such employment would pose no conflict of interest or interference with the performance by the employee of his duties as an employee of the department. This subsection shall not apply with respect to employees having responsibility for enforcement of this title.

   (Code 1933, § 5A-304, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-5. Collection of taxes under title; issuance of licenses.

Except as otherwise specifically provided for in this title, the taxes provided for in this title shall be collected by the commissioner. Upon payment of the appropriate taxes and fees and compliance with all other requirements of this title, the commissioner shall issue appropriate licenses as provided for in this title.

(Code 1933, § 5A-305, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-6. Establishment and operation of reporting system for collection of taxes on malt beverages, distilled spirits, and wines; applicability to reporting system of provisions of law relating to revenue stamps.

1. With respect to malt beverages and wine, the commissioner shall provide, and with respect to distilled spirits, the commissioner may provide, by regulation, that the taxes on malt beverages, wine, and distilled spirits shall be collected by a reporting system.
2. Pursuant to the establishment of a reporting system authorized by subsection (a) of this Code section, the commissioner may promulgate rules and regulations which shall include, but shall not be limited to, provisions for:
   1. Records to be made and kept;
   2. Penalties to be assessed for failure to comply with the reporting system;
   3. Bonds or other security to be posted with the commissioner; and
   4. Other matters relative to the administration and enforcement of collecting the tax under the reporting system.
3. In the event the commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits by this title, all of the laws applicable to revenue stamps shall apply to the reporting system insofar as they can be made applicable.
4. There is established a reporting system for the collection of state excise taxes imposed by this title on all taxable wine. The reporting system shall be conducted as follows:
   1. Every licensed wholesale dealer, importer, and broker located within this state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, setting forth his taxable wine sales for the month and shall remit with the report the appropriate excise taxes on the wine. The reports and remittances shall be filed with the commissioner not later than the fifteenth day of the month next following the month of sale; and
   2. Every licensed manufacturer, winery, producer, shipper, importer, and broker shipping wines or causing wines to be shipped into the state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, which shall set forth the total quantity of wines shipped into the state during the month and which shall have attached to it legible copies of all invoices covering the shipments. The monthly reports shall be filed with the commissioner not later than the fifteenth day of the month next following the month of shipment.

      (Code 1933, § 5A-306, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, §§ 7, 8.)

Cross references. - Procedures relating to excise taxation of cigars and cigarettes, T. 48, C. 11.

3-2-7. Expiration and renewal of licenses generally; continuation of operations by licensee pending final approval or disapproval of application for renewal; penalty for late application for renewal; temporary permits.

1. 1. Except as otherwise specifically provided in paragraph (2) of this subsection or elsewhere in this title, all licenses issued pursuant to this title shall expire on December 31 of each year and application for renewal shall be made annually on or before November 1.
   2. On and after July 1, 2013, licenses for retailers and retail dealers shall be issued for a 12 month period to be determined by the commissioner and provided by regulation. Applications for renewal of licenses for retailers and retail dealers shall be made not less than 60 nor more than 90 days prior to expiration.
2. Any licensee making proper application, with all supporting documents, for a license to operate during the following year and having filed the application prior to the renewal date specified in subsection (a) of this Code section shall be permitted to continue to operate pending final approval or disapproval of the licensee's application for the following year if final approval or disapproval is not granted prior to the day in which the license is set to expire. The effective date and the expiration date of the license shall be clearly marked on the license.
3. Any person holding any license issued pursuant to this title who fails to file a proper application for a similar license for the following year, with the proper fee accompanying the application, on or before the renewal date specified in subsection (a) of this Code section and who files an application after such date shall be required to pay, in addition to the license taxes imposed by this title, an additional amount equal to one-half the amount required for the license for which application is made.
4. Persons making initial applications for licenses issued pursuant to this title, after properly filing all required documents, including a valid local license, may be authorized by the commissioner to operate pursuant to a temporary permit which shall be issued under such regulations and in such form as the commissioner may deem appropriate. No right or property shall vest in any applicant by virtue of the issuance of such permit. The commissioner may impose a prelicense investigative fee upon persons making initial application for licenses issued pursuant to this title, which fee shall not exceed $100.00. No such fee shall be refundable.

   (Code 1933, § 5A-307, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 9; Ga. L. 2012, p. 827, § 1/HB 1066.)

3-2-8. Availability of records for public inspection; collection of fee for special requests for preparation of information.

The commissioner shall make available for inspection by the public at reasonable times all records relating to alcoholic beverage brands, shipments, and sales by manufacturers, shippers, or wholesalers. The commissioner may charge a fee for special requests for prepared information, which fee shall be based upon the cost of preparation of the information.

(Code 1933, § 5A-308, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 10.)

3-2-9. Requirements as to reports to be made to commissioner.

Any report made to the commissioner as prescribed in this title shall be made under oath and under such regulations as the commissioner shall prescribe.

(Code 1933, § 5A-309, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-10. Disposition of taxes, penalties, interest, and fees.

All taxes, penalties, interest, and fees collected by the commissioner pursuant to this title shall be remitted to the Office of the State Treasurer to the credit of the general fund of this state.

(Code 1933, § 5A-310, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

3-2-11. Penalties for failure to file reports or returns or to pay tax or fee; procedure for assessment of taxes due, penalties, and interest.

Except as otherwise provided in this title:

1. When any person required to file a report as provided by this title fails to file the report within the time prescribed, he shall be assessed a penalty of $50.00 for each failure to file.
2. In the event the commissioner determines, upon inspection of the invoices, books, and records of a licensed wholesale dealer or importer or from any other information obtained by him or his authorized agents, that the licensed wholesale dealer or importer has not paid the proper tax or the proper amount of taxes, the wholesale dealer or importer shall be assessed for the taxes due. After assessment, the person assessed shall be provided with notice and an opportunity for a hearing as provided for contested cases by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
3. When any person fails to pay any tax or license fee due as provided by this title, the person shall be assessed a penalty the same as that provided for in Code Section 48-2-44.
4. When any person fails to file a return, files a false or fraudulent return, or when a tax deficiency or any part of a tax deficiency is due to a fraudulent intent to evade any tax imposed or authorized by this title, the person shall be assessed a specific penalty of 50 percent of the tax due.
5. When any person fails to pay the tax or any part of the tax due as provided by this title, the person shall pay interest on the unpaid tax at the rate of 1 percent per month from the time the tax became due until paid or at the rate specified in Code Section 48-2-40, whichever is greater. Interest shall be computed on a monthly basis for any portion of a month during which payment is delinquent.
6. All penalties and interest imposed by this title shall be payable to and collected by the commissioner in the same manner as if they were a part of the taxes imposed by this title.

   (Code 1933, § 5A-311, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-12. Waiver of penalties by commissioner.

The commissioner may waive, in whole or in part, the collection of any amount due the state as a penalty under this title whenever, or to the extent that, he reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions pertaining to the law.

(Code 1933, § 5A-312, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-13. Issuance of refunds or credits for taxes paid.

1. The commissioner may issue credits for taxes paid by or due from a wholesaler when it is shown to the commissioner's satisfaction that any of the following events has occurred:
   1. Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state;
   2. Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area;
   3. Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state;
   4. Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity;
   5. Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.1; or
   6. Taxes were paid under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort.
2. No person shall receive a credit for taxes paid in any case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid, in every case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner.
3. In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit.

   (Code 1933, § 5A-313, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 11; Ga. L. 1992, p. 1458, § 1; Ga. L. 1993, p. 83, § 1; Ga. L. 2006, p. 206, § 3/HB 1248.)

3-2-14. Limitations on credit; application; action for recovery of credit; setoff of unpaid taxes against credit.

1. No credit for taxes paid on alcoholic beverages in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, an application for credit of taxes paid pursuant to this title contains a false statement, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the credit until the applicant has complied with the laws of this state. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title.
2. Each application for credit shall be filed in writing in the form and containing such information as the commissioner may reasonably require. The commissioner or his delegate shall consider information contained in the application, together with such other information as may be available, and shall approve or disapprove the application and notify the applicant of his action.  Any applicant whose claim is denied by the commissioner or his delegate or whose claim is not decided by the commissioner or his delegate within one year from the date of filing the claim shall have the right to bring an action for a credit in the Superior Court of Fulton County.  No action or proceeding for the recovery of a credit shall be commenced before the expiration of one year from the date of filing the application unless the commissioner or his delegate renders a decision on the application within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (1) the expiration of one year from the date the claim is denied, or (2) the expiration of two years from the date the application was filed.  The time for filing an action for the recovery of a credit may be extended for such period as may be agreed upon in writing between the applicant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any application is approved and the taxpayer has not paid other state taxes which have become due, the commissioner may set off the unpaid taxes against the credit. When the setoff authorized in this Code section is exercised, the credit shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off.  Any excess credit properly allowable under this article which remains after the setoff has been applied may be credited to the taxpayer.

   (Code 1933, § 5A-314, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1992, p. 1458, § 2; Ga. L. 2006, p. 206, § 4/HB 1248.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "article" was substituted for "Article" in the last sentence of subsection (b).

3-2-15. Promulgation of rules and regulations governing advertising of distilled spirits.

The commissioner shall issue rules and regulations governing all advertising of distilled spirits within this state.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 8; Code 1933, § 5A-315, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-30. Powers and duties of special agents and enforcement officers of department generally; bond requirement; retention of weapon and badge upon retirement or disability.

1. Persons appointed by the commissioner as special agents or enforcement officers of the department, in the enforcement of this title and other laws of this state with respect to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages, shall have the authority throughout the state to:
   1. Obtain and execute warrants for arrest of persons charged with violations of such laws;
   2. Obtain and execute search warrants in the enforcement of such laws;
   3. Arrest without warrant any person violating such laws in the officer's presence or within his immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant;
   4. Make investigations in the enforcement of such laws and, in connection with the investigations, to go upon any property outside of buildings, posted or otherwise, in the performance of official duties;
   5. Seize and take possession of all property which is declared contraband under such laws; and
   6. Carry firearms while performing their duties.
2. Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of which shall be paid by the department.
3. Nothing in this title shall be construed so as to relieve any special agent or enforcement officer, after making an arrest, from the duties imposed generally to obtain a warrant promptly and, without undue delay, to return arrested persons before a person authorized to examine, commit, or receive bail, as required by general law.
4. After an agent or enforcement officer has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner.
5. As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When a special agent or an enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or an enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

   (Ga. L. 1963, p. 135, §§ 1, 2; Code 1933, § 5A-350, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 12; Ga. L. 1996, p. 1074, § 1; Ga. L. 2004, p. 1058, § 1; Ga. L. 2005, p. 60, § 3/HB 95.)

3-2-31. Assistance to other authorities by special agents and enforcement officers of department.

1. Upon a request by the governing authority of any municipality or county, the sheriff or chief of a county police force, the judge of the superior court of any county, or the Governor, the commissioner, in unusual circumstances, may and, in the case of an order from the Governor, shall direct special agents and enforcement officers of the department to render assistance in:
   1. Any criminal case;
   2. The prevention of violations of law; or
   3. Detecting and apprehending those violating any criminal laws of this state, any other state, or the United States.
2. This Code section shall not apply solely to agents who enforce this title but shall apply to all agents of the department with law enforcement powers.

   (Ga. L. 1978, p. 1490, § 1; Code 1933, § 5A-351, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-32. Inspection of premises by commissioner and agents generally; access to books, records, and supplies.

The commissioner and his agents may enter upon the licensed premises of any person engaged in the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages at any time for the purpose of inspecting the premises and enforcing this title and shall have access during the inspection to all books, records, and supplies relating to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 8; Code 1933, § 58-817, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-352, enacted by Ga. L. 1980, p. 1573, § 1.)

3-2-33. Sale, possession, concealment, storage, or conveyance of untaxed alcoholic beverages; declaration of untaxed or otherwise unlawful alcoholic beverages as contraband; seizure and disposition of contraband alcoholic beverages.

1. Except as otherwise specifically provided for by law, it is unlawful for any person to sell, possess, conceal, store, or convey any alcoholic beverage on which any tax or license fee imposed by this title has not been paid.
2. Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage:
   1. Not reported for collection of taxes under a reporting system established by the commissioner;
   2. Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or
   3. Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title.
3. Except as otherwise provided in this title, all contraband alcoholic beverages seized shall be immediately delivered to the commissioner or to persons designated by him to receive the contraband alcoholic beverages.

   (Code 1933, § 5A-354, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 14; Ga. L. 1985, p. 1118, § 1; Ga. L. 2006, p. 206, § 5/HB 1248.)

Editor's notes. - In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1937-38, Ex. Sess., p. 103 are included in the annotations for this Code section.

Cross references. - Possession, sale, or purchase of unstamped distilled spirits, § 3-3-29 .

Seizure and disposition as contraband of cigars and cigarettes on which taxes not paid or on which stamps do not appear, § 48-11-9 .

3-2-34. Disposition of contraband alcoholic beverages; seizure; destruction; sale; retention of small quantity for evidence.

1. All alcoholic beverages upon which no taxes have been paid to this state or any other state and which are not specifically exempt from the taxes imposed by law shall be destroyed by the peace officer or agent of the commissioner seizing the beverages, except that a small quantity of the illicit alcoholic beverage may be retained for purposes of evidence in the proper court; and then the illicit alcoholic beverage shall be destroyed immediately.
2. All contraband alcoholic beverages upon which the taxes have been paid either to this state or to any other state shall be either destroyed or sold at public sale as provided by law.

   (Code 1933, § 5A-355, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 15.)

Cross references. - Seizure and disposition as contraband of cigars and cigarettes on which taxes not paid or on which stamps do not appear, § 48-11-9 .

3-2-35. Seizure of contraband by commissioner and agents; proceedings upon seizure; hearing on entitlement to seized items; appeals; disposition of items upon which taxes have been paid.

1. The commissioner and his agents shall seize and take possession of any contraband found in the possession of any person in violation of this title.
2. Upon seizure, the commissioner or his agent shall give a receipt to the person from whom the contraband property was seized, if known, identifying the property seized and indicating from whom seized and the place of seizure.
3. A copy of the receipt shall be:
   1. Filed in the office of the commissioner and shall be a public record open to public inspection; and
   2. Posted at the courthouse of the county in which the contraband was seized.
4. Any person desiring to make claim to the contraband property shall file a claim with the commissioner at his office in Atlanta within ten days from the day of seizure. The commissioner, within 30 days of receipt of any such claim, shall afford the claimant a hearing in which to show his entitlement to the seized items. The burden of proof at such hearing shall be upon the claimant to establish his claim to the items seized and to show compliance with or justification for noncompliance with this Code section. The commissioner shall enter a written order granting or denying the claim within 30 days from the date of the hearing.
5. An appeal from the commissioner's order may be taken to the Superior Court of Fulton County by filing with the commissioner, within 15 days from the date of the decision, a notice of appeal to the Superior Court of Fulton County. The appeal shall be based upon the record made before the commissioner; and the commissioner, upon the filing of a notice of appeal, shall transmit the record and appropriate documents to the superior court within 30 days from the date of the filing of notice of appeal. The superior court shall review the record for errors of law, violation of constitutional or statutory provisions, violation of the statutory authority of the agency, lawfulness of the procedure, lack of any evidence to support the decision, and arbitrariness and abuse of discretion. However, the court shall not substitute its judgment for that of the hearing officer as to the weight of evidence on questions of fact.
6. All alcoholic beverages upon which the taxes have been paid to either this state or any other state shall be disposed of as follows:
   1. In the case of malt beverage, the seized goods shall be destroyed by the commissioner or his authorized agent;
   2. In the case of wine, the seized goods shall be sold by the commissioner at public sale, except that, where seized wine is determined by the commissioner to be unfit for human consumption, it shall be destroyed;
   3. In the case of distilled spirits, the seized goods shall be sold by the commissioner at public sale, except that, where seized distilled spirits are determined by the commissioner to be unfit for human consumption, the distilled spirits shall be destroyed.
7. This Code section shall not apply to unlawfully manufactured alcoholic beverages.

   (Code 1933, § 5A-356, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 16; Ga. L. 1982, p. 3, § 3.)

Editor's notes. - In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1937-38, Ex. Sess., p. 103 are included in the annotations for this Code section.

Cross references. - Seizure and disposition as contraband of cigars and cigarettes on which taxes not paid or on which stamps do not appear, § 48-11-9 .

3-2-36. Arrest and prosecution of violators of title.

The commissioner or his agents shall secure warrants or other criminal process against any person who violates any provision of this title in counties and municipalities where the sale of alcoholic beverages is not authorized and in counties and municipalities where the sale of alcoholic beverages is authorized but where the alcoholic beverages are being sold contrary to law. The commissioner or his agents shall prosecute such offenders.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 17; Ga. L. 1972, p. 207, § 8; Code 1933, § 5A-353, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 13.)

3-3-1. Declaration of business of manufacturing, selling, and other dealings in alcoholic beverages as privilege subject to regulatory requirements.

The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing alcoholic beverages are declared to be privileges in this state and not rights; however, such privileges shall not be exercised except in accordance with the licensing, regulatory, and revenue requirements of this title.

(Code 1933, § 5A-501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1985, p. 1118, § 2.)

Law reviews. - For article on local government law and liquor licensing, see 15 Ga. L. Rev. 1039 (1981). For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987). For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), overturning the mere privilege doctrine by applying due process requirement to liquor licensing, see 19 Mercer L. Rev. 250 (1968).

3-3-2. Powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally; due process guidelines; fingerprints.

1. Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority of the county or municipality. Each such local governing authority is given discretionary powers within the guidelines of due process set forth in this Code section as to the granting or refusal, suspension, or revocation of the permits or licenses; provided, however, that residency by an applicant within the city or county issuing the permit or license shall not be a requirement by the respective local governing authority if the applicant designates a resident of the city or county who shall be responsible for any matter relating to the license.
2. The granting or refusal and the suspension or revocation of the permits or licenses shall be in accordance with the following guidelines of due process:
   1. The governing authority shall set forth ascertainable standards in the local licensing ordinance upon which all decisions pertaining to these permits or licenses shall be based;
   2. All decisions approving, denying, suspending, or revoking the permits or licenses shall be in writing, with the reasons therefor stated, and shall be mailed or delivered to the applicant; and
   3. Upon timely application, any applicant aggrieved by the decision of the governing authority regarding a permit or license shall be afforded a hearing with an opportunity to present evidence and cross-examine opposing witnesses.
3. As a prerequisite to the issuance of any such initial permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints.

   (Ga. L. 1935, p. 73, § 15A; Ga. L. 1973, p. 12, § 1; Ga. L. 1973, p. 14, § 1; Code 1933, § 5A-502, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 17; Ga. L. 1998, p. 1300, § 1; Ga. L. 2006, p. 206, § 6/HB 1248.)

Cross references. - Regulation of business of operating road houses, public dance halls, and other establishments by local governments, § 43-21-50 et seq.

Administrative Rules and Regulations. - Rules regulating the Georgia Bureau of Investigation, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Bureau of Investigation, Chapter 92-1.

Law reviews. - For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), see 1 Ga. St. B. J. 550 (1965). For comment, "Retail Liquor Licenses and Due Process: The Creation of Property Through Regulation," see 32 Emory L.J. 1199 (1983).

3-3-2.1. Notice to revenue department by county or municipality of violations concerning sale of alcoholic beverages to underage persons.

1. As used in this Code section, the term:
   1. "Disciplinary action" means any citation or arrest arising out of the violation of any law, rule, regulation, resolution, or ordinance of a governmental entity relating to the manufacture, distribution, sale, or possession of alcoholic beverages against a licensee, an employee of a licensee, or any person holding a financial interest in the license of the licensee on the premises or place of business of any licensee.
   2. "Governmental entity" means the United States government, any state government, any local government, and any department, agency, or instrumentality thereof.
   3. "Licensee" means any person issued a license pursuant to this title by a governmental entity to operate a bar.
2. 1. Within 45 days of any disciplinary action, the licensee shall notify the department of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the department, using a format to be determined by the department.
   2. The commissioner may impose a fine not to exceed $750.00 for each violation of paragraph (1) of this subsection. A second or subsequent violation of paragraph (1) of this subsection which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person's license.
3. Every county or municipality which issues licenses to a licensee authorizing the manufacture, distribution, or sale of alcoholic beverages shall by resolution or ordinance adopt a policy and implement a process by which any disciplinary action against a licensee shall be reported to the department within 45 days of any officer, department, agency, or instrumentality of such county or municipality taking such disciplinary action.
4. The commissioner shall determine and make available the format for the reporting of disciplinary actions and shall promulgate rules and regulations as to the implementation and use of such reporting method. (Code 1981, § 3-3-2.1 , enacted by Ga. L. 1985, p. 1398, § 1; Ga. L. 2015, p. 578, § 2/HB 152; Ga. L. 2016, p. 864, § 3/HB 737.)

3-3-2.2. Maximum fine for violations of local alcoholic beverages licensing ordinances.

Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises, the maximum fine for violations of local alcoholic beverages licensing ordinances referenced in Code Section 3-3-2 pertaining to licenses issued to sell alcoholic beverages by the drink for consumption on the premises shall be $2,500.00. Nothing in this Code section shall prohibit the governing authority of a county or municipality from imposing a penalty that is otherwise allowed by law, unless such law is a local law in conflict with this Code section.

(Code 1981, § 3-3-2.2 , enacted by Ga. L. 2006, p. 874, § 1/HB 1501.)

3-3-3. Licenses required to distribute, sell, or otherwise deal in alcoholic beverages; display of licenses.

1. No person shall manufacture, distribute, sell, handle, or possess for sale, or otherwise deal in, alcoholic beverages without first obtaining all applicable licenses required by this title.
2. Each person holding a license issued pursuant to this title shall display the license prominently at all times on the premises for which the license is issued.

   (Code 1933, § 5A-503, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1985, p. 1118, § 3.)

3-3-4. Exemptions from license fees or taxes.

There shall be no exception from the license fees or taxes provided by this title in favor of any person unless specifically provided for by law.

(Code 1933, § 5A-504, enacted by Ga. L. 1980, p. 1573, § 1.)

3-3-5. Sale of alcoholic beverages not complying with federal requirements as to quality or purity or standards adopted by commissioner.

No alcoholic beverages shall be sold by any licensee under this title if the alcoholic beverages do not fully meet all federal requirements as to quality or purity, as represented by the label, or do not meet such standards as may be adopted by the commissioner.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 26; Code 1933, § 5A-505, enacted by Ga. L. 1980, p. 1573, § 1.)

3-3-6. Maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers; disposal of records.

1. Each manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, or sold by him. The records shall be kept for a period of three years from the date of manufacture, purchase, or sale and shall at all times be open to inspection by the commissioner or any authorized agent or employee of the commissioner.
2. The commissioner may authorize by rule the disposal of records maintained pursuant to subsection (a) of this Code section, prior to the expiration of the specified three-year period, when he is satisfied as to their contents or otherwise determines that the maintenance of the records is no longer necessary.

   (Ga. L. 1935, p. 73, § 6; Code 1933, § 58-822, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-506, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 18.)

3-3-7. Local authorization and regulation of sales of alcoholic beverages on Sunday.

1. In all consolidated governments of this state within the limits of which the sale of alcoholic beverages is lawfully authorized, such sales for consumption on the premises shall be authorized, at the discretion of the governing body of the consolidated government, at any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.
2. In each county having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census in which the sale of alcoholic beverages is lawful:
   1. The county governing authority may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and the three hours immediately following such time; and
   2. Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 3,500 persons and in eating establishments. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
3. In all municipalities having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census in which the sale of alcoholic beverages is lawful:
   1. The municipal governing authority may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and the three hours immediately following such time; and
   2. Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 3,500 persons; in eating establishments; and in locally designated special entertainment districts. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. As used in this paragraph, the term "special entertainment districts" means contiguous properties upon which is located a festival marketplace and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a governmental entity.
4. In each county having a population of not less than 153,000 nor more than 165,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
   1. At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time; and
   2. In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
5. 1. In each county having a population of not less than 100,000 nor more than 150,000 according to the United States decennial census of 1970 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities in such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises in bona fide full-service restaurants at any time from 11:55 P.M. on Saturdays until 2:00 A.M. on Sundays; provided, however, that this subsection shall not apply to any geographic area of any municipal corporation which is located outside of the limits of any county in which the sale of alcoholic beverages is not lawful.
   2. As used in this subsection, the term "bona fide full-service restaurant" means an established place of business:
      1. Which is licensed to sell alcoholic beverages, distilled spirits, malt beverages, or wines for consumption on the premises;
      2. Where meals with substantial entrees selected by the patron from a full menu are served;
      3. Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises; and
      4. Which derives at least 50 percent of its gross income from the sale of such meals prepared, served, and consumed on the premises.
   3. The governing authority of such a county or municipality, by ordinance, may authorize any other establishment otherwise licensed to sell alcoholic beverages, distilled spirits, malt beverages, or wines for consumption on the premises to engage in such sales at any time from 11:55 P.M. on Saturdays until 2:00 A.M. on Sundays; provided, however, that the proviso in paragraph (1) of this subsection shall also be applicable to sales in establishments pursuant to this paragraph.
   4. The governing authority of such a county or municipality may provide for special licenses for and charge a license fee to establishments which engage in sales of such beverages at any time from 11:55 P.M. on Saturdays until 2:00 A.M. on Sundays. The license fee shall be set by the governing body.
6. In each county having a population of 58,000 or more according to the United States decennial census of 1990, or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may be sold for consumption on the premises on each day of the week, including Sundays between the hours of 12:30 P.M. and 12:00 Midnight, on the premises of motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons. As used in this subsection, the term "premises" means restaurants, grandstands, and other event viewing areas owned, leased, or controlled by the establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises.
7. Reserved.
8. 1. In all counties having a population of not less than 62,450 and not more than 64,000 according to the United States decennial census of 1990 or any future such census in which the sale of alcoholic beverages is lawful, and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises if Sunday sales are approved in a referendum as provided in this subsection.
   2. Eating establishments located in the unincorporated area of the county, in the case of the county, or eating establishments located in the corporate limits of the municipality, in the case of a municipality, shall be authorized to sell alcoholic beverages for consumption on the premises on Sundays between the hours of 12:30 P.M. and 12:00 Midnight.  As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
   3. Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance.
   4. Not less than ten nor more than 20 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county for approval or rejection.  The superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call.  The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof.  The ballot shall have written or printed thereon the words:
   5. All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No."  If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority in such counties and the governing authority of all municipalities within such counties may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees.
   6. The expense of the election shall be borne by the county in which the election is held.  It shall be the duty of the superintendent to hold and conduct the election.  It shall be his further duty to certify the result thereof to the Secretary of State.
9. 1. In each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 250,000 nor more than 1,000,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful in such a county and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises if Sunday sales are approved by referendum as provided in paragraph (2) of this subsection:
      1. At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; and
      2. In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this subparagraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
   2. Any governing authority desiring to permit and regulate Sunday sales pursuant to paragraph (1) of this subsection shall so provide by proper resolution or ordinance. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

      All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State.

10. 1. Notwithstanding any other provisions of law, on and after May 8, 2018, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
    2. Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

       All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

    3. Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to April 6, 1984, pursuant to the authorizations granted by subsections (a) through (i) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality.

       All persons desiring to vote for approval of such Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of such Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of such Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate such Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

       (3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to April 6, 1984, pursuant to the authorizations granted by subsections (a) through (i) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality.

    (j.1) (1) Notwithstanding any other provisions of law, all counties or municipalities in which the governing authority prior to May 8, 2018, has been authorized pursuant to a referendum to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises of any such establishments on Sundays for an additional hour and a half during the time period of 11:00 A.M. until 12:30 P.M.

11. 1. Notwithstanding other laws, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality having an independent school system shall be authorized through its governing authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow:
       1. The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and
       2. The sale and service by the drink of alcoholic beverages on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
    2. If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

       All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the resolution or ordinance approving such Sunday sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State.

12. In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
    1. At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays;
    2. In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; and
    3. In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term "inn" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

       The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises.

13. In all municipalities or counties or in any portion of any municipality or county in which the sale of alcoholic beverages is lawful, the governing authority of the municipality or county may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises. Said authorization may be revoked by such governmental authority in the same manner.
14. A municipality in which the sale of alcoholic beverages on Sunday is authorized by any other provision of law may by the adoption of an ordinance authorize the sale of alcoholic beverages in public stadiums, coliseums and auditoriums owned or controlled by it or by a public authority and having seating capacity in excess of 2,500 people on Sunday between the hours of 12:30 P.M. and midnight.
15. 1. As used in this subsection, the term "bowling center" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross revenues either from the rental of bowling lanes and bowling equipment or from the combination of the rental of bowling lanes and bowling equipment and the sale of prepared meals and other food products.
    2. The governing authority of any municipality or county in any portion of which the sale of alcoholic beverages is authorized may by ordinance authorize the sale of alcoholic beverages for consumption on the premises in any bowling center located within the jurisdiction of such governing authority between the hours of 12:30 P.M. and 12:00 Midnight on Sundays.
16. 1. Notwithstanding other laws, in each county or municipality in which package sales of malt beverages and wine by retailers are lawful, but package sales of distilled spirits by retailers are not lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of both malt beverages and wine are approved by referendum as provided in paragraph (2) of this subsection.
    2. Any governing authority desiring to permit and regulate package sales by retailers of both malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday package sales by retailers of both malt beverages and wine to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words:

       All persons desiring to vote for approval of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote "Yes," and all persons desiring to vote for rejection of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages and wine shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State.

    3. Whenever package sales of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages and wine may be made only by licensed retailers that are licensed to sell by the package.
    4. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of malt beverages and wine by retailers.
17. 1. Notwithstanding other laws, in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if such Sunday sales of malt beverages, wine, and distilled spirits are approved by referendum as provided in paragraph (2) of this subsection. If the governing authority seeks authorization for Sunday sales of alcoholic beverages pursuant to this subsection, the governing authority shall seek authorization of package sales by retailers of all alcoholic beverages, including malt beverages, wine, and distilled spirits, and not of only one type of alcoholic beverage.
    2. Any governing authority desiring to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday package sales by retailers of malt beverages, wine, and distilled spirits to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words:

       All persons desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote "Yes," and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall become effective upon the date so specified in that resolution or ordinance. If more than one-half of the votes cast on the question are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., such rejection shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. pursuant to subsection (p) of this Code section. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State.

    3. Whenever package sales of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. are authorized by a county or municipality pursuant to this subsection, Sunday package sales by retailers of malt beverages, wine, and distilled spirits may be made only by licensed retailers that are licensed to sell by the package.
    4. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers.
18. Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises from 12:30 P.M. until 12:00 Midnight on one Sunday during each calendar year that shall be designated in such resolution or ordinance. Any sales for consumption on the premises made pursuant to this subsection shall be subject to such terms and conditions as may be required by the governing authority of the county or municipality.

    (Code 1933, § 5A-507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 540, §§ 1, 2; Ga. L. 1982, p. 521, §§ 1, 2; Ga. L. 1982, p. 1463, §§ 2, 9; Ga. L. 1982, p. 1768, § 2; Ga. L. 1982, p. 1855, §§ 1, 3; Ga. L. 1983, p. 3, § 4; Ga. L. 1983, p. 806, § 5; Ga. L. 1984, p. 22, § 3; Ga. L. 1984, p. 1683, § 1; Ga. L. 1984, p. 1685, § 1; Ga. L. 1984, p. 1691, § 1; Ga. L. 1985, p. 149, § 3; Ga. L. 1985, p. 1000, § 1; Ga. L. 1987, p. 381, § 1; Ga. L. 1988, p. 232, § 1; Ga. L. 1989, p. 1487, §§ 1, 2; Ga. L. 1990, p. 8, § 3; Ga. L. 1992, p. 1214, § 1; Ga. L. 1992, p. 2929, § 1; Ga. L. 1994, p. 237, § 2; Ga. L. 1994, p. 395, § 1; Ga. L. 1996, p. 830, § 1; Ga. L. 1998, p. 839, § 1; Ga. L. 1999, p. 1225, § 1; Ga. L. 2002, p. 1473, § 1; Ga. L. 2011, p. 49, § 1/SB 10; Ga. L. 2013, p. 767, § 1/HB 124; Ga. L. 2014, p. 13, § 1/SB 318; Ga. L. 2015, p. 20, § 1/SB 103; Ga. L. 2018, p. 896, § 1/SB 17.)

"[ ] YES Shall the governing authority of (name of county) be authorized to permit and [ ] NO regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?"

"[ ] YES Shall the governing authority of (name of municipality or county) be authorized [ ] NO to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?"

"[ ] YES Shall the governing authority of (name of municipality or county) be authorized [ ] NO to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?"

(2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection shall so provide by proper resolution or ordinance conditioned on approval in a referendum election. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

"[ ] YES Shall the governing authority of (name of municipality or county) be authorized [ ] NO to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?"

"[ ] YES Shall Sunday sales of alcoholic beverages by the drink be authorized in [ ] NO (name of municipality)?"

"( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by ( ) NO retailers of both malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?"

"( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by ( ) NO retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?"

The 2018 amendment, effective May 8, 2018, in paragraph (j)(1), inserted "on and after the effective date of this Act," near the beginning and substituted "11:00 A.M." for "12:30 P.M." in the middle; inserted "or her" in the last sentence of the ending undesignated paragraph in paragraph (j)(2); and added subsection (j.1).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, capitalization was revised in paragraph (o)(2).

Pursuant to Code Section 28-9-5, in 2018, "May 8, 2018" was substituted for "the effective date of this Act" near the beginning of paragraphs (j)(1) and (j.1)(1).

Editor's notes. - Ga. L. 1982, p. 1768, § 3 added a new "subsection (i)" relating to weekend sales of alcoholic beverages for on-premises consumption in counties in the 295,000 to 300,000, inclusive, population range. Section 4 of Ga. L. 1982, p. 1768, not codified by the General Assembly, provided that this provision of § 3 would become effective only for those counties in which an election was called prior to November 1, 1983, and at which election more than one-half of the votes cast approved the provisions of Ga. L. 1982, p. 1768, § 3. Such an election was held, and such approval was given, in Cobb County on November 2, 1982. Ga. L. 1983, p. 3, § 4, part of an Act to correct errors and omissions in the Code, redesignated the "subsection (i)" enacted by Ga. L. 1982, p. 1768, § 3 as current "subsection (j)." The "subsection (i)" appearing is that enacted by Ga. L. 1982, p. 1855, § 3, as amended by Ga. L. 1983, p. 3, § 4.

Ga. L. 1982, p. 1855, § 6, not codified by the General Assembly, provided: "Notwithstanding any other provision of law to the contrary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act." The effective date of the Ga. L. 1982, p. 1855 amendment to this Code section was November 1, 1982.

Law reviews. - For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 255 (2011). For article, "Regulation of Alcoholic Beverages Generally," see 28 Ga. St. U. L. Rev. 255 (2011). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 1 (2018). For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).

3-3-8. Possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state.

1. 1. An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid:
      1. In the case of distilled spirits, not in excess of one-half gallon;
      2. In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and
      3. In the case of wine, not in excess of one-half gallon, except where the wine possessed was purchased and shipped pursuant to Code Section 3-6-32 and where the possessor has in his or her possession documentation evidencing that the wine was so purchased and shipped.
   2. Upon paying the excise taxes imposed by this title, an individual may possess and transport in this state the following quantities of alcoholic beverages purchased outside this state for personal or household use:
      1. In the case of distilled spirits, not in excess of one gallon;
      2. In the case of malt beverages, not in excess of two standard cases or the equivalent thereof; and
      3. In the case of wine, not in excess of two standard cases or the equivalent thereof.
   3. Whenever alcoholic beverages upon which the taxes imposed by this title have not been paid are being transported in a motor vehicle or other conveyance capable of transporting people, each individual in such motor vehicle or other conveyance, who is authorized to possess alcoholic beverages shall be entitled to the exemptions set forth in paragraph (1) of this subsection, and there shall be no presumption that all alcoholic beverages in the motor vehicle are possessed by the owner or operator of the motor vehicle. Where alcoholic beverages are possessed in excess of the exemptions set forth in paragraph (1) of this subsection, the possessor must have in his or her possession documentation evidencing that the excise taxes imposed by this title have been paid to the commissioner.
2. This Code section shall apply only with respect to alcoholic beverages purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. The burden of proof that the beverages were purchased outside this state and in accordance with the laws of the place where purchased shall in all cases be upon the possessor of the beverages.

   (Code 1933, § 5A-517, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1984, p. 790, § 1; Ga. L. 2000, p. 1401, § 1.)

Law reviews. - For note on 2000 amendment of this Code section, see 17 Ga. St. U. L. Rev. 7 (2000).

3-3-9. Penalty for violations of prohibitions in chapter.

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

   (Code 1933, § 5A-9901, enacted by Ga. L. 1980, p. 1573, § 1.)

3-3-20. Sale of alcoholic beverages on Sundays, election days, and Christmas Day.

1. Except as provided in subsection (d) of this Code section or except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday.
2. 1. As used in this subsection, the term "day" means that period of time beginning with the opening of the polls and ending with the closing of the polls.
   2. 1. Except as provided in subparagraph (B) of this paragraph and paragraph (3) of this subsection, in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day.
      2. The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days. In any case where the governing authority of a county or municipality has passed an ordinance prohibiting the sale of alcoholic beverages on any election days as authorized by this subparagraph, such prohibition shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
   3. 1. Notwithstanding any other provisions of this subsection, it shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days.
      2. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor.
3. The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day.
4. 1. In all municipalities within any county having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at festivals.  As used in this paragraph, the term "festival" means a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances.  The definition of "festival," as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger "festival," as defined in this paragraph.
   2. Notwithstanding the provisions of this subsection, all persons and entities selling alcoholic beverages pursuant to this subsection shall fully comply with all other applicable state and local license and permit requirements.

      (Ga. L. 1937, p. 148, §§ 6, 7; Ga. L. 1937-38, Ex. Sess., p. 103, § 14; Ga. L. 1971, p. 864, § 1; Ga. L. 1972, p. 721, § 1; Ga. L. 1977, p. 1236, § 1; Code 1933, § 58-813, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 460, § 1; Ga. L. 1981, p. 1269, § 19; Ga. L. 1982, p. 890, § 1; Ga. L. 1984, p. 1688, § 1; Ga. L. 1985, p. 1508, § 1; Ga. L. 1986, p. 10, § 3; Ga. L. 1992, p. 1694, § 1; Ga. L. 2000, p. 1405, § 1.)

Law reviews. - For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For article, "Regulation of Alcoholic Beverages Generally," see 28 Ga. St. U. L. Rev. 255 (2011). For article on alcoholic beverages, see 35 Ga. St. U. L. Rev. 1 (2018). For note on 2000 amendment of this Code section, see 17 Ga. St. U. L. Rev. 4 (2000).

3-3-21. Sales of alcoholic beverages near churches, school buildings, or other sites.

1. 1. No person knowingly and intentionally may sell or offer to sell:
      1. Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus;
      2. Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the county or municipality; or
      3. Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981.
   2. As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690.
2. Nothing contained in this Code section shall prohibit the licensing of the sale or distribution of alcoholic beverages by:
   1. Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981;
   2. Bona fide private clubs, owning their own homes, subject to licensing under Chapter 7 of this title; and
   3. Licensees for the retail sale of alcoholic beverages for consumption on the premises only who shall be subject to regulation as to distances from churches, schools, and colleges by counties and municipalities.
3. For purposes of this Code section, distances shall be measured by the most direct route of travel on the ground.
4. Reserved.
5. 1. As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law."
   2. No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application.

      (Laws 1808, Cobb's 1851 Digest, p. 851; Code 1863, § 4448; Code 1868, § 4490; Code 1873, § 4575; Code 1882, § 4575; Ga. L. 1890-91, p. 132, § 1; Penal Code 1895, § 434; Penal Code 1910, § 435; Code 1933, § 58-601; Ga. L. 1935, p. 73, § 15B; Ga. L. 1937, p. 148, § 2; Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1945, p. 447, §§ 1, 2; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-508, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1265, § 1; Ga. L. 1981, p. 1269, § 20; Ga. L. 1998, p. 1300, § 2; Ga. L. 1999, p. 81, § 3; Ga. L. 2000, p. 1653, § 1; Ga. L. 2013, p. 897, § 2/HB 517; Ga. L. 2015, p. 81, § 1/HB 85; Ga. L. 2017, p. 759, § 1/HB 510.)

The 2017 amendment, effective July 1, 2017, substituted "Reserved." for the former provisions of subsection (d), which read: "(d)(1) In counties having a population of not less than 175,000 nor more than 195,000, according to the United States decennial census of 1970 or any future such census, the distances provided in subparagraph (a)(1)(A) of this Code section for separation of businesses licensed under this title from churches and schools shall be measured as follows:

"(A) From the property line of the tract on which is located the business regulated under this title;

"(B) To the property line of the tract on which is located the church, school ground, or college campus; and

"(C) Along a straight line which describes the shortest distance between the two property lines.

"(2) No license in effect on April 13, 1979, shall be revoked before its date of expiration by reason of the method of measurement set out in this subsection if the license was granted in reliance on another method of measurement. No application for a license or for a renewal shall be denied by reason of the method of measurement set out in this subsection if the application is for premises for which a license was granted prior to April 13, 1979, in reliance on another method of measurement.".

Editor's notes. - Ga. L. 2013, p. 897, § 1/HB 517, not codified by the General Assembly, provides that: "The General Assembly finds that there are neighborhoods and downtown areas in this state near college campuses that are underserved by grocery stores, making it difficult for residents who live in such neighborhoods and downtown areas to access daily essentials and adequate food supplies and nutrition, especially those residents who do not own automobiles. The General Assembly further finds that owners of grocery stores may be reluctant to locate such stores in areas in which it is not possible to sell packages of wine and malt beverages when such sales are permitted elsewhere in the county or municipality. The General Assembly further finds that allowing a local governing authority of a county or municipality to have local control of the distance requirements for the package sales of wine and malt beverages near college campuses will permit such local governments to determine how to best serve the public health, safety, and welfare of its citizens."

Law reviews. - For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987).

3-3-21.1. Possession of alcoholic beverages on the grounds of a public school.

1. 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.
2. 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.

   (Code 1933, § 5A-508.1, enacted by Ga. L. 1981, p. 625, § 1.)

3-3-22. Sale or furnishing of alcoholic beverages to intoxicated persons.

No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 15; Ga. L. 1953, Nov.-Dec. Sess., p. 283, § 1; Ga. L. 1980, p. 1206, §§ 2, 5; Code 1933, § 5A-509, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 21.)

Cross references. - Liability for acts of intoxicated persons, § 51-1-40 .

Law reviews. - For note discussing tavern keeper liability in Georgia for injury caused by a person to whom an intoxicant was sold, see 9 Ga. L. Rev. 239 (1974).

3-3-23. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; identification; serving, or handling by persons under 21 years of age in the course of employment; seller's receipt of false identification; immunity for seeking medical assistance for alcohol related overdose.

1. Except as otherwise authorized by law:
   1. No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age;
   2. No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
   3. No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;
   4. No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
   5. No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.
2. The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
   1. For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or
   2. At a religious ceremony.
3. The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present.
4. The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. "Proper identification" shall not include a birth certificate and shall not include any traffic citation and complaint form.
5. If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from:
   1. Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;
   2. Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
   3. Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.
6. Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age.
7. Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15.
8. In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request to see and to be furnished with proper identification as provided for in subsection (d) of this Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly.
9. Any retailer or retail consumption dealer, or any person acting on behalf of such retailer or retail consumption dealer, who upon requesting proper identification from a person attempting to purchase alcoholic beverages from such retailer or retail consumption dealer pursuant to subsection (h) of this Code section is tendered a driver's license which indicates that such driver's license is falsified, is not the driver's license of the person presenting it, or that such person is under the age of 21 years, the person to whom said license is tendered shall be authorized to either write down the name, address, and license number or to seize and retain such driver's license and in either event shall immediately thereafter summon a law enforcement officer who shall be authorized to seize the license either at the scene or at such time as the license can be located. The procedures and rules connected with the retention of such license by the officer shall be the same as those provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11.
10. 1. As used in this subsection, the term:
       1. "Alcohol related overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of alcohol or that a layperson would reasonably believe to be resulting from the consumption or use of alcohol for which medical assistance is required.
       2. "Medical assistance" means aid provided to a person believed to be experiencing an alcohol related overdose by a health care professional licensed, registered, or certified under the laws of this state who, acting within his or her lawful scope of practice, may provide diagnosis, treatment, or emergency services relative to such overdose.
       3. "Seeks medical assistance" means accesses or assists in accessing the 9-1-1 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing an alcohol related overdose while awaiting the arrival of medical assistance to aid such person.
    2. Any person who in good faith seeks medical assistance for someone who is experiencing an alcohol related overdose shall not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5) of subsection (a) of this Code section if the evidence for the arrest, charge, or prosecution of such violation resulted from seeking such medical assistance. Any person who is experiencing an alcohol related overdose and, in good faith, seeks medical assistance for himself or herself or is the subject of such a request shall not be arrested, charged, or prosecuted for a violation of paragraphs (2) through (5) of subsection (a) of this Code section if the evidence for the arrest, charge, or prosecution of such violation resulted from seeking such medical assistance. Any such person shall also not be subject to:
       1. Penalties for a violation of a permanent or temporary protective order or restraining order; or
       2. Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a violation of paragraphs (2) through (5) of subsection (a) of this Code section.
    3. Nothing in this subsection shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of paragraph (2) of this subsection or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to paragraph (2) of this subsection. Nothing in this subsection shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in paragraph (2) of this subsection.

       (Code 1933, § 5A-510, enacted by Ga. L. 1981, p. 1269, § 22; Ga. L. 1985, p. 753, §§ 1, 3; Ga. L. 1985, p. 782, §§ 1, 2; Ga. L. 1986, p. 789, §§ 1, 2; Ga. L. 1988, p. 1372, § 1; Ga. L. 1989, p. 1227, § 1; Ga. L. 1997, p. 1085, § 1; Ga. L. 2014, p. 683, § 2A-1/HB 965.)

Cross references. - Designation of child who possesses alcoholic beverages as a "child in need of services," § 15-11-2(11) .

Contributing to delinquency of minor, § 16-12-1 .

Authority of State Board of Education regarding instructional programs and materials pertaining to effects of alcohol, § 20-2-13 .

Age of majority, § 39-1-1 .

Motor carriers prohibited from transporting passengers under age 21 drinking alcohol, § 40-1-108 .

Cross references. - Parents' right to action against persons selling or furnishing alcoholic beverages to underage child, § 51-1-18 .

Liability for acts of intoxicated persons, § 51-1-40 .

Law reviews. - For article recommending more consistency in age requirements of laws pertaining to welfare of minors, see 6 Ga. St. B. J. 189 (1969).

3-3-23.1. Procedure and penalties upon violation of Code Section 3-3-23.

1. It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age.
2. 1. Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months' imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature.
   2. Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor.
3. Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.
4. 1. Except as provided for in paragraph (2) of this subsection, a law enforcement officer shall arrest by issuance of a citation, pursuant to Code Section 17-4-23, any person accused of violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of his or her failure to appear as required. Nothing in this paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-3-23. Nothing in this paragraph shall be construed to restrict the discretion of the prosecuting attorney to use a uniform traffic citation as the formal charging document.
   2. If the arresting officer provided for in paragraph (1) of this subsection has probable cause to believe that a person accused of violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 is intoxicated to the extent that he or she poses a danger to himself or herself or to the person or property of another, the arresting officer may effect a custodial arrest of such person in addition to the issuance of a citation, summons, or accusation. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. In all such cases provided for under this subsection, the provisions of Code Section 17-6-1 shall apply. Nothing in this paragraph shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated and who has committed an offense under the laws of this state other than that provided for in Code Section 3-3-23.
5. A law enforcement officer arresting a person by the issuance of a citation under paragraph (1) of subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11.
6. In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services within 120 days of such conviction or sentence.  Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days' imprisonment, or both.  If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Driver Services within ten days after conviction or sentencing.

   (Ga. L. 1981, p. 862, § 3; Code 1933, § 5A-9901.1, enacted by Ga. L. 1981, p. 1269, § 64; Ga. L. 1982, p. 3, § 3; Ga. L. 1985, p. 753, §§ 2, 4; Ga. L. 1985, p. 782, § 3; Ga. L. 1992, p. 2746, § 1; Ga. L. 1997, p. 1085, § 2; Ga. L. 1998, p. 1106, § 1; Ga. L. 2002, p. 415, § 3; Ga. L. 2005, p. 334, § 2-1/HB 501; Ga. L. 2006, p. 206, § 7/HB 1248; Ga. L. 2014, p. 710, § 1-1/SB 298; Ga. L. 2015, p. 60, § 1-1/SB 100; Ga. L. 2015, p. 1212, § 1/SB 160.)

Cross references. - Alcohol and drug education programs for persons whose drivers' licenses have been revoked, § 40-5-80 et seq.

Probation generally, T. 42, C. 8.

Editor's notes. - Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides, in part, that this Act shall apply to offenses which occur on or after July 1, 2015.

Law reviews. - For article recommending more consistency in age requirements of laws pertaining to welfare to minors, see 6 Ga. St. B. J. 189 (1969).

3-3-24. Dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age.

1. No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages.
2. This Code section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, breweries, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises.

   (Ga. L. 1958, p. 640, §§ 1, 2; Ga. L. 1974, p. 460, § 1; Ga. L. 1976, p. 409, § 1; Code 1933, § 5A-510, enacted by Ga. L. 1980, p. 1573, § 1; Code 1933, § 5A-511, as redesignated by Ga. L. 1981, p. 1269, § 22.)

Cross references. - Designation of person under age 17 who possesses alcoholic beverages as a "child in need of services," § 15-11-2(11) .

Contributing to delinquency of minor, § 16-12-1 .

Authority of State Board of Education regarding instructional programs and materials pertaining to effects of alcohol, § 20-2-13 .

Age of majority, § 39-1-1 .

Parents' right of action against persons selling or furnishing alcoholic beverages to underage child, § 51-1-18 .

Law reviews. - For article recommending more consistency in age requirements of laws pertaining to welfare of minors, see 6 Ga. St. B. J. 189 (1969).

3-3-24.1. "Bouncer" defined; admission of under 21 year olds into bar.

1. As used in this Code section, the term "bouncer" means an individual primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof.
2. No person shall allow or require an individual under the age of 21 to serve as a bouncer on a premises or in an establishment where alcoholic beverages are dispensed, served, or sold pursuant to a license issued under this title.
3. No individual under the age of 21 shall enter or be allowed to enter a bar unless he or she is accompanied by his or her parent, guardian, or spouse who is 21 years of age or older. This subsection shall not apply to an individual while he or she is attending a live musical concert or live presentation of the performing arts for which he or she has paid an admission charge. (Code 1981, § 3-3-24.1 , enacted by Ga. L. 2015, p. 578, § 3/HB 152.)

Editor's notes. - This Code section formerly pertained to definitions and penalties. The former Code section was based on Code 1933, § 5A-519, enacted by Ga. L. 1981, p. 1269, § 25; Ga. L. 1982, p. 3, § 3; Ga. L. 1994, p. 237, § 2, and was repealed by Ga. L. 2014, p. 187, § 1/HB 737, effective July 1, 2014.

3-3-24.2. Posting of laws regarding sale of alcoholic beverages to underage persons.

1. Each retail business establishment in this state which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws.
2. The department shall prepare, print, and distribute the notices required by subsection (a) of this Code section. The notices shall contain those provisions of the law of this state which the department determines will best inform the citizens of this state of the relevant provisions of the law regarding sale of alcoholic beverages to underage persons.
3. The commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license of any retail business establishment which fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons.

   (Code 1933, § 5A-520, enacted by Ga. L. 1981, p. 1269, § 26.)

3-3-25. Sale of or furnishing alcoholic beverages to prisoners or inmates of places of confinement; introduction or possession of alcoholic beverages at Georgia War Veterans Home.

1. No person knowingly and intentionally shall:
   1. Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to any person confined in any jail, penal institution, correctional facility, or other lawful place of confinement; or
   2. Introduce or possess any alcoholic beverages in the buildings of the Georgia War Veterans Home operated for the use and care of disabled war veterans.
2. Nothing contained in this Code section shall prevent or prohibit:
   1. The administration of alcohol by the staff of the institutions provided for in subsection (a) of this Code section to any prisoner, patient, or lawful inmate in strict compliance with the prescription of a licensed physician; or
   2. The staff members of the Georgia War Veterans Home who maintain their domicile on the grounds of such institution from possessing alcoholic beverages for their own consumption or for that of their families or persons invited to their homes, except patients or lawful inmates of such institution.
3. No person shall knowingly allow any other person to violate this Code section.

   (Ga. L. 1874, p. 92, § 1; Ga. L. 1875, p. 328, § 1; Code 1882, § 1374a; Penal Code 1895, § 437; Penal Code 1910, § 437; Code 1933, § 58-607; Ga. L. 1977, p. 183, § 1; Ga. L. 1977, p. 1247, § 1; Code 1933, § 5A-512, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2015, p. 81, § 2/HB 85.)

Cross references. - Restriction on sale of spirituous beverages at or near armories, camps, and other facilities of the organized militia or other place where the force is performing military duty, § 38-2-306 .

Furnishing of alcoholic beverages to inmates of correctional institutions, § 42-5-18 .

3-3-26. Allowing or permitting of breaking of packages or drinking of contents thereof on premises.

No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Code 1933, § 5A-513, enacted by Ga. L. 1980, p. 1573, § 1.)

3-3-27. Unlawful manufacture, transportation, receipt, possession, sale, or distribution of alcoholic beverages; failure to file proper reports or bonds or pay fees; declaration of apparatus used in unlawful manufacture of alcoholic beverages as contraband; penalties.

1. No person knowingly and intentionally shall:
   1. Distill, manufacture, or make any distilled spirits, except as permitted by this title;
   2. Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title;
   3. Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic beverages or alcohol, except as permitted by this title;
   4. Fail to file any report required by this title;
   5. File any report required by this title that is either intentionally false or fraudulent, or both;
   6. Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from such payment;
   7. Fail to have a sufficient bond filed with the commissioner as required by this title; or
   8. Evade or violate, or conspire to evade or violate, any provision of this title.
2. Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents seizing the property or otherwise disposed of as the commissioner directs.
3. Any person who violates the provisions of:
   1. Paragraph (1) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years;
   2. Paragraphs (2) through (8) of subsection (a) of this Code section shall be guilty of a misdemeanor.

      (Code 1933, §§ 5A-514, 5A-9902, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 65.)

Cross references. - Applicability of weapons-forfeiture laws to motor vehicles used in commission of crime, § 17-5-51 .

3-3-27.1. Report to the commissioner of alcoholic beverages transported into this state.

Except with respect to alcoholic beverages lawfully possessed pursuant to Code Section 3-3-8, no person, common carrier, or contract carrier shall transport any alcoholic beverage into this state unless such transportation is immediately reported to the commissioner. Each such report shall show the consignor and consignee, the quantity delivered, and such other information as required by the commissioner.

(Code 1933, § 5A-514.1, enacted by Ga. L. 1981, p. 1269, § 23.)

3-3-28. Reuse, counterfeiting, or forging of tax stamps.

Reserved. Repealed by Ga. L. 2005, p. 528, § 1/HB 558, effective July 1, 2005.

Editor's notes. - This Code section was based on Ga. L. 1937-38, Ex. Sess., p. 103, § 11; Code 1933, § 5A-515, enacted by Ga. L. 1980, p. 1573, § 1.

3-3-29. Possession, sale, or purchase of distilled spirits for which taxes not paid.

Except as otherwise expressly provided for by law, no person knowingly and intentionally shall possess, sell, or purchase any distilled spirits upon which the taxes imposed by this title have not been paid.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 11; Code 1933, § 5A-516, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1993, p. 464, § 1.)

Cross references. - Seizure and disposition as contraband of alcoholic beverages on which taxes or license fees not paid, § 3-2-33 et seq.

3-3-30. Storage and distribution of alcoholic beverages by corporations granted the privilege of establishing, operating, and maintaining foreign trade zones.

1. Any provision of this title to the contrary notwithstanding, any public or private corporation which has been granted the privilege of establishing, operating, and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an act of Congress, approved June 18, 1934, entitled "An Act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce and for other purposes," may store alcoholic beverages, until the termination of such privilege, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating, or maintaining a foreign trade zone may also distribute alcoholic beverages to destinations outside this state.
2. Nothing contained in this Code section shall authorize the sale at retail of any alcoholic beverages within the boundaries of a foreign trade zone if the sale would otherwise be prohibited by the laws of this state.

   (Code 1933, § 5A-518, enacted by Ga. L. 1981, p. 1269, § 24.)

Cross references. - Foreign trade zones generally, T. 52, C. 10.

U.S. Code. - Foreign trade zones, referred to in this Code section, is codified at 19 U.S.C. § 81a et seq.

3-3-31. Legislative findings.

The General Assembly finds, determines, and declares that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of this state in violation of this title poses a serious threat to the public health, safety, revenue, and the economy of Georgia. The General Assembly further finds, determines, and declares that the present penalties for illegal direct shipments of alcoholic beverages to residents of this state are inadequate to ensure compliance with the provisions of this title and that the measures provided for in Code Section 3-3-32 are fully consistent with the powers conferred upon the State of Georgia by the Twenty-first Amendment to the Constitution of the United States.

(Code 1981, § 3-3-31 , enacted by Ga. L. 1997, p. 399, § 1; Ga. L. 1998, p. 128, § 3.)

Cross references. - Creation of limited exceptions, § 3-6-30 .

3-3-32. Shipment of alcoholic beverages into state by nonresident, without license, who is in business of selling alcoholic beverages in another state.

1. Any person in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ships or causes to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by the State of Georgia is in violation of this chapter.
2. Any person found by the commissioner to be in violation of subsection (a) of this Code section shall be issued a cease and desist order by certified mail or statutory overnight delivery. Any person who, after receiving a cease and desist order, is found by the commissioner to be in violation of subsection (a) of this Code section for a second or subsequent occurrence, within a two-year period of the first violation, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00. This subsection shall not apply to any person who has registered brands for sale with the commissioner pursuant to Code Section 3-4-152, 3-5-31 or 3-6-22 and who shall have current licenses and posted adequate surety bonds as required by this title; provided, however, violations of the provisions of subsection (a) of this Code section shall constitute grounds for the commissioner to take appropriate administrative action against such person, including suspension or cancellation of license and forfeiture of bonds.
3. This Code section shall not apply to the direct shipment of sacramental alcoholic beverages to bona fide religious organizations as authorized by the commissioner. (Code 1981, § 3-3-32 , enacted by Ga. L. 1997, p. 399, § 1; Ga. L. 1998, p. 128, § 3; Ga. L. 2000, p. 1589, § 3.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

3-3-33. Vaporized form of alcoholic beverages and alcohol vaporizing devices prohibited.

1. As used in this Code section, the term:
   1. "Alcohol vaporizing device" means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
   2. "Licensed premises" means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises.
   3. "Operator" means an owner, license holder, operator, manager, or person in charge of any licensed premises.
2. 1. No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. This paragraph shall not apply to a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
   2. No person shall own or possess any alcohol vaporizing device, including but not limited to any machine known as an Alcohol Without Liquid (AWOL) machine. This paragraph shall not apply to any nebulizer or atomizer used to supply a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
3. No operator shall keep or allow to be kept on the licensed premises thereof any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device.
4. Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. Any person convicted of a violation of this Code section involving the offer for sale or use to a person under the age of 21 shall be guilty of a misdemeanor, except that upon the second or subsequent conviction such person so convicted shall be guilty of a misdemeanor of a high and aggravated nature. (Code 1981, § 3-3-33 , enacted by Ga. L. 2008, p. 346, § 1/HB 1066.)

3-3-34. "Powdered alcohol" defined; prohibition; exception; penalty.

1. For purposes of this Code section, the term "powdered alcohol" means a powdered or crystalline substance that contains any amount of alcohol for direct use or reconstitution.
2. 1. No person shall manufacture, use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol.
   2. No person licensed or issued a permit pursuant to this title shall use powdered alcohol as an alcoholic beverage or use powdered alcohol to create an alcoholic beverage.
3. This Code section shall not apply to the use of powdered alcohol for bona fide research purposes by a:
   1. Health care provider that operates primarily for the purpose of conducting scientific research;
   2. State institution;
   3. Private college or university; or
   4. Pharmaceutical or biotechnology company.
4. Any person convicted of a violation of this Code section shall be guilty of a misdemeanor.
5. Any violation of this Code section by a person licensed or issued a permit pursuant to this title shall constitute grounds for the suspension and revocation of any and all of such licenses and permits issued to such person. (Code 1981, § 3-3-34 , enacted by Ga. L. 2015, p. 578, § 4/HB 152.)

3-3-40 through 3-3-46.

Repealed by Ga. L. 2019, p. 919, § 18-1/HB 553, effective July 1, 2019.

Editor's notes. - This article consisted of Code Sections 3-3-40 through 3-3-46, relating to prohibited conduct on licensed premises, and was based on Code 1981, §§ 3-3-40 through 3-3-46, enacted by Ga. L. 1988, p. 212, § 1; Ga. L. 2015, p. 317, § 3/SB 63.

3-4-1. Definitions.

As used in this chapter, the term:

1. "Barrel" means 53 gallons.
2. "Denatured alcohol" or "denatured distilled spirits" means alcohol, as defined in Code Section 3-1-2, to which denaturants have been added in order to render the alcohol unfit for beverage purposes or internal human medicinal use. As used in this paragraph, the term "denaturants" means materials authorized for use pursuant to Chapter 1 of Title 27 of the Code of Federal Regulations, as the same may now or hereafter be amended.
3. "Distiller" means a manufacturer.
4. "Fruit grower" means any person who grows peaches, apples, pears, grapes, or other perishable fruits in this state and who manufactures distilled spirits from the perishable fruits grown in this state.

   (Code 1933, § 5A-2101, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 27; Ga. L. 2017, p. 406, § 1/SB 85.)

The 2017 amendment, effective September 1, 2017, added paragraph (1); and redesignated former paragraphs (1) through (3) as present paragraphs (2) through (4), respectively.

3-4-2. Applicability of chapter to ethyl alcohol used for certain purposes.

1. This chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:
   1. For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes;
   2. For use by those authorized to procure ethyl alcohol tax free, as provided by federal law;
   3. In the manufacture of denatured alcohol or denatured distilled spirits produced and used as provided by federal law;
   4. In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes; or
   5. In the manufacture of flavoring extracts and syrups unfit for beverage purposes.
2. Nothing contained in subsection (a) of this Code section shall prohibit the commissioner from promulgating reasonable rules and regulations with regard to ethyl alcohol intended for use or used for any of the above-mentioned purposes in order to ensure proper enforcement of this title.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 13; Code 1933, § 5A-2102, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 3, § 3.)

Administrative Rules and Regulations. - Ethyl alcohol and license requirement, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Non-Beverage Alcohol, § 560-2-14.01.

3-4-3. Retail dealer's signs; signs advertising Georgia lottery.

1. Except as otherwise provided in subsection (b) of this Code section, a licensed retail dealer in distilled spirits may display at the licensee's place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words "liquor," "beer," "wine," "champagne," or any combination thereof, and "package store" or "liquor store," together with the trade name of the retail dealer.  In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words "package store" or "liquor store" and the trade name of the retail dealer.  Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger than 16 square feet in area.
2. Notwithstanding the provisions of subsection (a) of this Code section, the commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote any lottery authorized under Chapter 27 of Title 50, the "Georgia Lottery for Education Act," provided that such signs are in compliance with said Chapter 27 of Title 50 and the rules and regulations of the board of directors of the Georgia Lottery Corporation. (Code 1981, § 3-4-3 , enacted by Ga. L. 1987, p. 623, § 1; Ga. L. 1993, p. 1073, § 1.)

3-4-20. Levy and amount of state occupational license tax; application for license.

1. An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows:      (1) Upon each distiller and manufacturer ...................... $ 1,000.00      (2) Upon each wholesale dealer .................................  1,000.00      (3) Upon each importer .........................................  1,000.00      (4) Upon each fruit grower .....................................    500.00      (5) Upon each broker ...........................................    100.00      (6) Upon each retail dealer ....................................    100.00      (7) Upon each special event use permit applicant ...............    100.00
2. An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.

   (Ga. L. 1937-38, Ex. Sess., p. 103, §§ 5, 9; Ga. L. 1972, p. 207, § 4; Ga. L. 1974, p. 1125, § 1; Ga. L. 1979, p. 923, § 2; Code 1933, § 5A-2501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 30; Ga. L. 2012, p. 827, § 2/HB 1066.)

3-4-21. Prohibition of holding or having beneficial interest in more than two retail dealer licenses.

1. No person shall be issued more than two retail dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest.
2. For purposes of this Code section:
   1. The term "person" shall include all members of a retail dealer licensee's family; and the term "family" shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law.
   2. The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.
3. Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been:
   1. Held prior to the creation of any of the above relationships by marriage; or
   2. Held prior to April 3, 1978.

      (Ga. L. 1978, p. 1376, § 1; Code 1933, § 5A-2502, enacted by Ga. L. 1980, p. 1573, § 1.)

Administrative Rules and Regulations. - Retailer/Retail consumption dealers, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-3.

3-4-21.1. Requirement for retail license; application of existing license to new location.

1. A separate retail license shall be required for each place of business.
2. In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location. (Code 1933, § 5A-2502.1, enacted by Ga. L. 1982, p. 1463, § 3; Code 1981, § 3-4-21.1 , enacted by Ga. L. 1982, p. 1463, § 10.)

3-4-22. Filing of bonds by applicants for licenses generally.

1. All applicants for all licenses issued pursuant to this chapter shall file with the commissioner, along with each initial application, a bond:
   1. Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and
   2. Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits.

      The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years.

2. The bonds shall be in the following calendar year amounts:
   1. For distillers and manufacturers, $10,000.00;
   2. For wholesale dealers and importers, $5,000.00; and
   3. For retail dealers and brokers, $2,500.00.
3. All applicants for annual renewal of licenses issued pursuant to this chapter, other than retail licenses, shall file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds shall meet the same conditions as those filed with the initial application.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 10; Ga. L. 1978, p. 1426, § 1; Code 1933, § 5A-2503, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 31; Ga. L. 2006, p. 206, § 8/HB 1248; Ga. L. 2014, p. 759, § 1/SB 240.)

3-4-23. Certificate of residence required for retail dealer's license; intention of Code section.

1. No retail dealer's license shall be issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter.
2. It is the purpose and intention of this Code section to prevent the sale of distilled spirits in any county or municipality other than those where distilled spirits may be legally sold under this chapter.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 24; Ga. L. 1972, p. 207, § 10; Code 1933, § 5A-2504, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 32; Ga. L. 2006, p. 206, § 9/HB 1248.)

3-4-24. Issuance to fruit growers of license to manufacture distilled spirits; storage and disposition; limitations upon manufacture and sale; issuance of manufacturer's or distiller's license in certain counties or municipalities; tasting room limitations for certain licensees.

1. The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state.
2. If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
3. It shall be unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
   1. In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
   2. To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
4. A manufacturer's or distiller's license may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.
5. The commissioner may issue a license pursuant to this Code section to a fruit grower licensed as a farm winery authorizing such fruit grower to manufacture distilled spirits and fortified wines for sale exclusively through a licensed and designated wholesaler; provided, however, that the farm winery has no more than one tasting room located on its licensed premises. For purposes of this subsection, the term "licensed premises" shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the winery.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1972, p. 207, § 4; Code 1933, § 5A-2505, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2012, p. 1028, § 1/SB 114; Ga. L. 2014, p. 214, § 1/HB 825; Ga. L. 2015, p. 317, § 4/SB 63; Ga. L. 2017, p. 406, § 2/SB 85.)

The 2017 amendment, effective September 1, 2017, deleted former subsection (e), which read: "A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180."; and redesignated former subsection (f) as present subsection (e).

3-4-24.1. Distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits; storage.

1. The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state.
2. If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
3. It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
   1. In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
   2. To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
4. A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (Code 1981, § 3-4-24.1 , enacted by Ga. L. 2012, p. 1028, § 2/SB 114; Ga. L. 2015, p. 317, § 5/SB 63; Ga. L. 2017, p. 406, § 3/SB 85.)

The 2017 amendment, effective September 1, 2017, deleted former subsection (e), which read: "A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180.".

3-4-24.2. Three-tier system of distribution and sale of distilled spirits; Sunday sales; regulatory authority; conditions or limitations.

1. A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of distilled spirits shall exist to the extent that the license to manufacture distilled spirits in this state shall include the right to sell up to 500 barrels of distilled spirits per year produced at the distiller's licensed premises to individuals who are on such premises for:
   1. Consumption on the premises; and
   2. Consumption off the premises, provided that such sales for consumption off the premises shall not exceed a maximum of 2,250 milliliters of distilled spirits per consumer per day.
2. A distiller may sell distilled spirits pursuant to subsection (a) of this Code section on all days and at all times that sales of distilled spirits by retailers and retail consumption dealers are lawful within the county or municipality in which the licensed premises of the distiller is located, including, but not limited to, Sundays.
3. A distiller shall not sell any distilled spirits for consumption off the premises pursuant to subsection (a) of this Code section at a price less than the price at which a person licensed to sell distilled spirits by the package is permitted to sell distilled spirits pursuant to subsection (b) of Code Section 3-4-26.
4. Any distiller engaging in sales of distilled spirits pursuant to subsection (a) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority.
5. 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.
6. Upon a violation by a distiller of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such distiller's license and to modify or amend such conditions or limitations. (Code 1981, § 3-4-24.2 , enacted by Ga. L. 2017, p. 406, § 4/SB 85.)

Effective date. - This Code section became effective September 1, 2017.

Code Commission notes. - Pursuant to Code Section 28-9-5, Code Section 3-4-24.2, enacted by Ga. L. 2017, p. 820, § 1/HB 485, was redesignated as Code Section 3-4-24.3.

3-4-24.3. Licensing for the manufacture or distribution of distilled spirits on local level.

The commissioner may issue licenses for the manufacture or distribution of distilled spirits in any county or municipality of this state in which licenses for such activity have been authorized and issued in accordance with the adoption of a resolution or ordinance by the local governing authority of such county or municipality. The local governing authority of a county or municipality issuing licenses pursuant to this Code section shall within its jurisdiction have the authority to determine the location of any licensed businesses, not inconsistent with this title.

(Code 1981, § 3-4-24.3 , enacted by Ga. L. 2017, p. 820, § 1/HB 485.)

Effective date. - This Code section became effective May 9, 2017.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2017, this Code section, enacted by Ga. L. 2017, p. 820, § 1/HB 485 as Code Section 3-4-24.2, was redesignated as Code Section 3-4-24.3.

3-4-25. Holder of retail dealer's license authorized to sell only unbroken packages; breaking of package or packages or drinking of contents thereof on premises prohibited.

1. A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 50 milliliters each.
2. The license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1976, p. 990, § 1; Code 1933, § 5A-2506, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 33; Ga. L. 1994, p. 553, § 2.)

3-4-26. Display of advertisement or information regarding prices of distilled spirits in visible places; sales below cost prohibited; exceptions authorized.

1. No person holding a retail dealer's license to deal in distilled spirits by the package shall display any advertisement of or information regarding the price or prices of any distilled spirits in any show window or other place visible from outside the licensee's place of business.
2. No person licensed to sell distilled spirits by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business.
3. The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 9A; Code 1933, § 5A-2507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 34; Ga. L. 1996, p. 785, § 1.)

Cross references. - Regulation of advertising generally, § 10-1-420 et seq.

Editor's notes. - Ga. L. 1996, p. 785, § 3, not codified by the General Assembly, provides for severability.

3-4-27. Notice of intention to secure retail dealer license for sale of distilled spirits.

1. No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a license. Such notice shall be in large boldface type and shall state:
   1. The type of license for which application has been filed;
   2. The exact location of the place of business for which a license is sought;
   3. The names and addresses of each owner of the business; and
   4. If the applicant is a corporation, the names and titles of all corporate officers.
2. Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license.
3. An applicant for a renewal license shall not be subject to the notice requirements of this Code section. (Code 1981, § 3-4-27 , enacted by Ga. L. 1989, p. 881, § 1.)

3-4-40. Requirement as to approval by referendum elections of issuance of licenses generally.

Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, in this Code section, substituted "Licenses for the package sale of distilled spirits shall be" for "Licenses provided for in this article are" near the beginning and substituted "by a referendum election" for "by referendum" near the end.

Law reviews. - For comment on Collins v. Lanier, 201 Ga. 527 , 40 S.E.2d 424 (1946), see 9 Ga. B. J. 325 (1947).

3-4-41. Petition for referendum; notice of call for referendum.

1. A referendum election to authorize the issuance of licenses for the package sale of distilled spirits may be initiated upon written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality. Such superintendent, upon validation of the petition, shall be required to call and conduct a referendum election as provided for in Chapter 2 of Title 21, the "Georgia Election Code," for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be permitted or prohibited. Such petition shall not be amended, supplemented, or returned after its presentation to the appropriate authority. Validation shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter.
2. For purposes of this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality if such other primary or election is to be held not more than 60 days after the call.
3. Notice of the call for the referendum election shall be published by the election superintendent in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum election to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the referendum election.
4. Following the expiration of two years after any referendum election is held which results in the disapproval of sales as provided in this article, another referendum election on this question shall be held if another petition, as provided in subsection (a) of this Code section, is filed with the appropriate election superintendent.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, §§ 5A-2302, 5A-2303, 5A-2309, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 1; Ga. L. 1985, p. 149, § 3; Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, substituted the present provisions of the first sentence of subsection (a) for the former provisions, which read: "Upon a written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality, such superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited."; in subsection (c), inserted "election" in the first and second sentences and inserted "referendum" near the end of the second sentence; and inserted "referendum" twice in subsection (d).

3-4-42. Form of ballots for referendum election.

1. The ballot used in any referendum election held pursuant to Code Section 3-4-41 shall have written or printed thereon:         "(  ) YES   Shall the issuance of licenses for the package sale           t (  ) NO   of distilled spirits be approved?"
2. Those desiring to vote in favor of the issuance of the licenses shall vote "Yes." Those desiring to vote against the issuance of the licenses shall vote "No."

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2306, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, substituted "used in any referendum election held pursuant to Code Section 3-4-41" for "in the special election" in subsection (a).

3-4-43. Applicability of general election laws.

County elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the county. Municipal elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the municipality.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2304, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 1998, p. 295, § 3; Ga. L. 2017, p. 820, § 2/HB 485.)

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, reenacted this Code section without change.

3-4-44. Certification of results; payment of expenses.

It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2305, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)

Editor's notes. - Ga. L. 2017, p. 820, § 1/HB 485, effective May 9, 2017, reenacted this Code section without change.

3-4-45. Effect of majority vote in favor of package sales.

If a majority of the votes cast in a referendum election held pursuant to Code Section 3-4-41 are in favor of the issuance of licenses for the package sale of distilled spirits, then the package sale of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the date of the certification of the results by the election superintendent; otherwise, the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be prohibited.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2307, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 28; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, substituted the present provisions of this Code section for the former provisions, which read: "If a majority of the votes cast are in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by the package of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the declaration of the results by the election superintendent.".

3-4-46. Procedure for conduct of election for purpose of nullifying previous election result.

1. In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of a petition as provided in subsection (a) of Code Section 3-4-41, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result.
2. In the event an election referendum is held pursuant to subsection (a) of this Code section and a majority of the votes cast are against the issuance of licenses for the package sale of distilled spirits, then no new licenses for the package sale of distilled spirits within the political subdivision conducting the referendum shall be issued and any existing licensee issued a license for the package sale of distilled spirits shall be prohibited, effective upon the expiration of such license, from engaging in any package sales of distilled spirits within the political subdivision.
3. No election held pursuant to this Code section shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for such purpose under this article. (Ga. L. 1941, p. 199, § 1; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2310, enacted by Ga. L. 1980, p. 1573, § 1; Code 1981, § 3-4-47 ; Code 1981, § 3-4-46 , as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-47 as this Code section; substituted the present provisions of subsection (a) for the former provisions, which read: "In any county or municipality which has at any time held an election in accordance with this article, resulting in the approval of the issuance of licenses for the package sales of distilled spirits, the election superintendent of the county or municipality shall, upon a petition signed by at least 35 percent of the registered qualified voters of the political subdivision concerned, proceed to call another election in the same manner as provided in this article for the purpose of nullifying the previous election result."; added subsection (b); redesignated former subsection (b) as present subsection (c); and substituted "declaration by the election superintendent of the results" for "declaration of the result" in the middle of subsection (c).

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, repealed former Code Section 3-4-46, relating to the effect of majority vote against package sales, and enacted the present Code section. The former Code section was based on Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, §§ 5A-2307, 5A-2308, enacted by Ga. L. 1980, p. 1573, § 1.

3-4-47. Adoption of resolutions and ordinances; determination of location of retail or businesses licensed by local governing authorities.

1. A municipality or county may adopt resolutions and ordinances, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application.
2. The local governing authority of a municipality or county issuing licenses pursuant to this article shall within its jurisdiction have the authority to determine the location of any retail business it licenses, not inconsistent with this title. (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2312, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 29; Ga. L. 1997, p. 1588, § 1; Code 1981, § 3-4-49 ; Code 1981, § 3-4-47 , as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-49 as this Code section; substituted "resolutions and ordinances" for "all reasonable rules and regulations" near the beginning of the first sentence of subsection (a); and substituted the present provisions of subsection (b) for the former provisions, which read: "All municipal and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them, not inconsistent with this title.".

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, redesignated former Code Section 3-4-47 as present Code Section 3-4-46.

3-4-48. Maximum annual license fees for municipal or county licenses.

The annual license fee to be charged by a municipality or county pursuant to this article shall not be more than $5,000.00 for each license.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1965, p. 451, § 1; Code 1933, § 5A-2313, enacted by Ga. L. 1980, p. 1573, § 1; Code 1981, § 3-4-50 ; Code 1981, § 3-4-48 , as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-50 as this Code section.

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, repealed former Code Section 3-4-48, relating to the effective date of nullification of previous election result, and enacted the present Code section. The former Code section was based on Ga. L. 1980, p. 1573, § 1, and was repealed effective May 9, 2017.

3-4-49. Municipalities in wet counties.

Any municipality which lies wholly or partially within a county which has approved the manufacture, distribution, or package sale of distilled spirits in a county-wide referendum election as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, distribution, or package sale of distilled spirits shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the manufacture, distribution, or package sale of distilled spirits.

(Code 1981, § 3-4-51 , enacted by Ga. L. 1986, p. 1083, § 1; Code 1981, § 3-4-51 ; Code 1981, § 3-4-49 , as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-51 as this Code section; and in this Code section, substituted "distribution, or package sale" for "sale, or distribution" throughout, and inserted "election" near the middle.

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

3-4-50. Redesignated.

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, redesignated former Code Section 3-4-50 as present Code Section 3-4-48.

3-4-51. Redesignated.

Editor's notes. - Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, redesignated former Code Section 3-4-51 as present Code Section 3-4-49.

3-4-60. Levy and amount of tax.

The following state taxes are levied and imposed:

1. There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of 50› per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of 70› per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
2. There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of 50› per liter and, upon the importation for use, consumption, or final delivery into this state of all alcohol, an import tax in the amount of 70› per liter, and a proportionate tax at the same rate on all fractional parts of a liter; and
3. All alcohol spirits manufactured within this state for sale within this state shall be made from Georgia grown products.

   (Ga. L. 1937-38, Ex. Sess., p. 103, §§ 11, 12; Ga. L. 1964, p. 62, § 3; Ga. L. 1972, p. 207, § 6; Ga. L. 1974, p. 615, § 1; Ga. L. 1976, p. 692, § 1; Ga. L. 1977, p. 1154, § 2; Ga. L. 1978, p. 1645, § 1; Code 1933, § 5A-2701, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 35; Ga. L. 1985, p. 662, § 1; Ga. L. 1985, p. 665, § 2.)

Editor's notes. - Ga. L. 1985, p. 662, § 1, also amended this Code section. However, that amendment has been treated as superseded by Ga. L. 1985, p. 665, § 2.

Ga. L. 1985, p. 665, § 1, not codified by the General Assembly, contained legislative findings that the cost of regulating and administering the manufacture, distribution, and sale of alcohol, distilled spirits, table wines, and dessert wines consumed in Georgia is greater for imported alcohol, spirits, and wines than it is for alcohol, spirits, and wines produced within Georgia and that it is in the best interests of the citizens of Georgia that the increased costs be provided for by taxation.

Ga. L. 1985, p. 665, § 4, not codified by the General Assembly, provided that the provisions of the Act shall not be severable and that in the event that any section or portion of any section of the Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall render the entire Act invalid, void, and of no effect and shall specifically revive the provisions affected by the Act as such provisions stood before the enactment of the Act, as amended by laws other than this Act.

Law reviews. - For annual survey of state and local taxation, see 40 Mercer L. Rev. 357 (1988).

3-4-61. Payment of tax; report.

1. Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits; provided, however, that such taxes shall be imposed upon and shall be paid by the licensed distiller for distilled spirits served or sold by the distiller directly to the public pursuant to Code Section 3-4-24.2.
2. The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer.
3. Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the state.  The licensee shall file the report with the commissioner.
4. The licensee shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made.
5. In order to phase in the reporting system of excise tax payment for distilled spirits and alcohol:
   1. The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following August 1, 1993; except that, in the event wholesalers made payments as provided for in this paragraph, the commissioner shall repay such wholesalers in the form of semiannual credits against future tax liability;
   2. On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufacturers, shippers, and wholesalers.  The commissioner shall issue refunds to all manufacturers and shippers for the value of tax stamps in their possession on February 1, 1993, to be paid in 12 equal installments beginning on August 1, 1993.  The commissioner shall issue tax credits to wholesalers for stamps in inventory on February 1, 1993, which shall be applied as credits against the wholesaler's future tax liability for the 12 month period beginning with the report due on August 10, 1993;
   3. Nothing in this subsection shall be construed to impose an additional excise tax on distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and
   4. The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes as well as the elimination of the use of any type of distilled spirits and alcohol stamp. The commissioner shall have full authority to allow credits or make refunds as provided for in this subsection.

      (Ga. L. 1937-38, Ex. Sess., p. 103, § 11; Ga. L. 1964, p. 62, § 3; Ga. L. 1972, p. 207, § 6; Ga. L. 1974, p. 615, § 1; Ga. L. 1976, p. 692, § 1; Ga. L. 1977, p. 1154, § 2; Ga. L. 1978, p. 1645, § 1; Code 1933, § 5A-2702, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 36; Ga. L. 1992, p. 1458, § 3; Ga. L. 2017, p. 406, § 6/SB 85.)

The 2017 amendment, effective September 1, 2017, added the proviso at the end of subsection (a); and substituted "licensee" for "wholesaler" at the beginning of subsection (d).

Editor's notes. - Ga. L. 1992, p. 1458, § 5, not codified by the General Assembly, provides: "(a) Section 3 of this Act shall become effective February 1, 1993. All other provisions of this Act shall become effective upon its approval by the Governor [April 13, 1992] or upon its becoming law without such approval.

"(b) With regard to taxes paid and stamps purchased on or after the effective date of this Act, all provisions of this Act shall fully apply.

"(c) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which no application for credit or claim for refund was filed prior to the effective date of this Act, all of the provisions of this Act shall apply, provided that, with regard to payments made less than three years prior to the effective date of this Act, the taxpayer shall have 90 days from the effective date of this Act within which to file with the commissioner the protest and the application for credit provided for by this Act, and provided, further, that no interest shall be allowed on any such taxes paid or stamps purchased.

"(d) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which an application for credit or claim for refund has been filed prior to the effective date of this Act, the law which was in effect at the time the application for credit or claim for refund was filed shall apply, provided that no interest shall be allowed on any such payments, and provided, further, that if a suit for refund or credit has not been filed prior to the effective date of this Act with regard to any such application or claim, any suit for recovery of a credit pertaining to such a claim or application must be filed within 90 days after the effective date of this Act."

3-4-80. Levy of tax on sale of distilled spirits by the package authorized; rate of tax; manner of imposition; imposition of tax by both county and municipality located within county.

1. The governing authority of each municipality or county where the sale of distilled spirits by the package is permitted by Article 3 of this chapter may at its discretion levy an excise tax on the sale of distilled spirits by the package at either the wholesale or retail level, which tax shall not exceed 22› per liter of distilled spirits, excluding fortified wine, and a proportionate tax at the same rate on all fractional parts of a liter.
2. The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by subsection (a) of this Code section shall be as provided for by each county or municipality electing to exercise the power conferred by subsection (a) of this Code section.
3. No county excise tax shall be imposed, levied, or collected in any portion of a county in which a municipality within the county is imposing the same tax on distilled spirits sold by the package.

   (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1965, p. 451, § 2; Code 1933, § 5A-2703, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 37.)

3-4-90. Authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally; procedure.

1. Each county or municipality may authorize, through proper resolution or ordinance, the issuance of licenses to sell distilled spirits by the drink for consumption only on the premises where sold; except as provided in Code Section 3-9-11 for in-room service by hotels, retail consumption dealers shall not buy or sell in packages of 50 milliliters.
2. 1. Except as otherwise provided in this subsection, a county or municipality shall adopt such resolutions or ordinances only after the authority to do so has been authorized as provided in either Code Section 3-4-91 or 3-4-92.
   2. 1. The governing authority of every county having a population of not less than 50,000 nor more than 53,000 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption only on the premises where sold. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subparagraph, including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under this title shall be authorized to sell distilled spirits at wholesale prices to any person or persons licensed as provided in this subparagraph; and the person or persons licensed under this subparagraph shall be authorized to purchase distilled spirits from a licensed wholesaler at wholesale prices.
      2. No resolution or ordinance adopted pursuant to subparagraph (A) of this paragraph shall become effective until the governing authority of the county or municipality submits to the qualified electors of the county or municipality the question of whether the ordinance or resolution shall be approved or rejected. If in the election a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect.

         (Ga. L. 1964, p. 771, § 1; Ga. L. 1969, p. 1140, §§ 1-4; Ga. L. 1972, p. 207, § 13; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2901, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 38; Ga. L. 1982, p. 592, §§ 1, 2; Ga. L. 1983, p. 3, § 4; Ga. L. 1984, p. 22, § 3; Ga. L. 1992, p. 1018, §§ 1, 2; Ga. L. 1992, p. 2929, § 2; Ga. L. 1994, p. 237, § 2; Ga. L. 1994, p. 553, § 3; Ga. L. 1995, p. 740, § 1.)

3-4-91. Procedure for authorization of sale in counties and municipalities in which package sales lawful; procedure for nullifying prior approval and authorization of sales by the drink.

1. In every county and municipality in which package sales of distilled spirits are lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section.
2. 1. 1. In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the governing authority, through the election superintendent, shall conduct a referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county or the municipality, as the case may be, of the referendum, by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to set a date and to issue the call for an election for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. The superintendent shall set the date of the referendum election for not less than 30 nor more than 60 days after the call. The referendum may be held as a special referendum or may be held at the time of holding any other primary or election in such county or municipality, if such other primary or election is to be held not more than 60 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:
      2. All persons desiring to vote in favor shall vote "Yes," and those persons opposed shall vote "No." If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses; otherwise, no license shall be issued. If held as a special election, it shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in Chapter 2 of Title 21, the "Georgia Election Code." It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.
      3. Following the expiration of one year after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if the governing authority, as provided in subparagraph (A) of this paragraph, forwards a resolution to the election superintendent calling for such a referendum.
   2. 1. In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1) of this subsection, then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this Code section being filed with the appropriate election superintendent, such election superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. A petition shall not be amended, supplemented, or returned after presentation to the appropriate authority. "Validation" shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 60 days after the call. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality, if such other primary or election is to be held not more than 60 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:
      2. All persons desiring to vote in favor shall vote "Yes," and those persons opposed shall vote "No." If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses; otherwise, no license shall be issued. If conducted as a special election, it shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in Chapter 2 of Title 21, the "Georgia Election Code." It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.
      3. Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subparagraph (A) of this paragraph, is filed with the appropriate election superintendent.
3. In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section resulting in the majority of the votes being cast in favor of sales of distilled spirits by the drink, the election superintendent of the municipality or county, upon a petition signed by at least 15 percent of the registered, qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed in subsection (b) of this Code section. No election shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for the purposes of this Code section.

   (Ga. L. 1964, p. 771, § 1; Ga. L. 1969, p. 1140, §§ 1-4; Ga. L. 1972, p. 207, § 13; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2902, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 1463, §§ 4, 11; Ga. L. 1983, p. 3, § 4; Ga. L. 1983, p. 806, § 3; Ga. L. 1996, p. 830, § 2; Ga. L. 1998, p. 295, § 3.)

"[ ] YES Shall the governing authority of ________ be authorized to issue licenses [ ] NO to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?"

"[ ] YES Shall the governing authority of ________ be authorized to issue licenses [ ] NO to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?"

3-4-92. Procedure for authorization of sale in counties and municipalities in which package sales are not lawful; procedure for nullifying prior approval and authorization of sales by the drink.

1. In every county and municipality in which package sales of distilled spirits are not lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section.
2. 1. 1. In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the governing authority through the appropriate election superintendent shall conduct a referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county or the municipality, as the case may be, of the referendum by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. It shall be the duty of such election superintendent to issue the call and set the date for an election in accordance with Code Section 21-2-540 for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:
      2. All persons desiring to vote in favor shall vote "Yes," and those persons opposed shall vote "No." If more than one-half of the votes cast are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sale to be for consumption only on the premises, then the governing authority shall in accordance with this Code section issue such licenses; otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the provisions of Chapter 2 of Title 21, the "Georgia Election Code." It shall be the superintendent's further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense of the election shall be borne by the county or the municipality conducting the election.
      3. Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if the governing authority, as provided in subparagraph (A) of this paragraph, forwards a resolution to the election superintendent calling for such a referendum.
      4. Nullification of a referendum approving such sales held pursuant to this paragraph shall be accomplished only as provided in subsection (c) of this Code section.
   2. 1. In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1) of this subsection, then, upon a written petition containing the signatures of 35 percent of the registered and qualified voters of any municipality or county described in subsection (a) of this Code section being filed with the appropriate election superintendent, such election superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. A petition shall not be amended, supplemented, or returned after presentation to the appropriate authority. "Validation" shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. For the purposes of this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures, the superintendent shall issue the call and set the date of the referendum election in accordance with Code Section 21-2-540. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:
      2. All persons desiring to vote in favor shall vote "Yes," and those persons opposed shall vote "No." If more than one-half of the votes cast on such a question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall in accordance with this Code section issue such licenses; otherwise no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in Chapter 2 of Title 21, the "Georgia Election Code." It shall further be the superintendent's duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.
      3. Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subparagraph (A) of paragraph (2) of this subsection, is filed with the appropriate election superintendent.
      4. Nullification of a referendum approving such sales held pursuant to this paragraph shall be accomplished only as provided in subsection (c) of this Code section.
3. In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section resulting in a majority of the votes being cast in favor of sales of distilled spirits by the drink, the election superintendent of the municipality or county, upon a petition signed by at least 35 percent of the registered qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed by paragraph (2) of subsection (b) of this Code section. No election shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for the purposes of this Code section.

   (Code 1933, § 5A-2903, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 1855, §§ 2, 4; Ga. L. 1983, p. 806, § 4; Ga. L. 1995, p. 753, § 1; Ga. L. 1998, p. 295, § 3.)

"[ ] YES Shall the governing authority of ________ be authorized to issue licenses [ ] NO to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?"

"[ ] YES Shall the governing authority of ________ be authorized to issue licenses to sell distilled spirits for beverage pur- [ ] NO poses by the drink, such sales to be for consumption only on the premises?"

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, a comma was deleted following "governing authority shall" in the second sentence of subparagraph (b)(2)(B).

3-4-93. Municipalities in wet counties.

Any municipality which lies wholly or partially within a county which has approved the sale of distilled spirits by the drink for consumption only on the premises in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the sale of distilled spirits by the drink for consumption only on the premises shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.

(Code 1981, § 3-4-93 , enacted by Ga. L. 1986, p. 1083, § 2.)

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

3-4-110. Adoption of local rules and regulations governing issuance of licenses and conduct of licensees.

The governing authority of every county and municipality authorized to issue licenses as provided in this article shall have the power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any licenses for the sale of distilled spirits by the drink and shall further have the power to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this article, including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. These powers shall be exercised only after the authority to do so has been granted pursuant to the procedures prescribed in Code Section 3-4-91 or 3-4-92.

(Ga. L. 1964, p. 771, § 1; Ga. L. 1969, p. 1140, §§ 1-4; Ga. L. 1972, p. 207, § 13; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2904, enacted by Ga. L. 1980, p. 1573, § 1.)

Law reviews. - For comment on Moose Lodge v. Irvis, 407 U.S. 163, 92 S. Ct. 1965 , 32 L. Ed. 2 d 627 (1972), holding the granting of a liquor license to a discriminatory private club insufficient to constitute state action prohibited by the fourteenth amendment, see 22 J. of Pub. L. 281 (1973).

3-4-111. Sale by wholesalers to licensees; purchase by licensees from wholesalers; declaration of contraband.

1. Those persons who are duly licensed as wholesalers of distilled spirits under this title may sell distilled spirits at wholesale prices to any person or persons licensed as provided in this article. Persons licensed under this article may purchase distilled spirits from a licensed wholesaler at wholesale prices.
2. Any distilled spirits possessed, sold, or offered for sale by a retail dealer or retail consumption dealer which are purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter are declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title.

   (Ga. L. 1964, p. 771, § 1; Ga. L. 1969, p. 1140, §§ 1-4; Ga. L. 1972, p. 207, § 13; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2905, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2012, p. 827, § 3/HB 1066.)

3-4-111.1. Occupational license tax upon retail consumption dealers; annual payment; application.

1. An annual occupational license tax in the amount of $100.00 is imposed upon each retail consumption dealer in this state.
2. The annual occupational license tax shall be paid for each place of business operated. An application for a retail consumption dealer's license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.

   (Code 1933, § 5A-2921, enacted by Ga. L. 1981, p. 1269, § 39; Ga. L. 2012, p. 827, § 4/HB 1066.)

3-4-130. Imposition of tax by municipalities authorized; rate of tax.

1. The governing authority of each municipality in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, which tax shall not exceed 3 percent of the charge to the public for the beverages.
2. This Code section shall not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverage.

   (Ga. L. 1977, p. 744, § 1; Code 1933, § 5A-2906, enacted by Ga. L. 1980, p. 1573, § 1.)

3-4-131. Imposition of tax by counties authorized; rate of tax; taxation by both county and municipality located within county.

1. The governing authority of each county in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, which tax shall not exceed 3 percent of the charge to the public for the beverages.
2. No tax authorized by subsection (a) of the Code section may be imposed, levied, and collected in any portion of a county in which the tax provided for in Code Section 3-4-130 is being imposed, levied, and collected.
3. The tax authorized by this Code section shall not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverage.

   (Ga. L. 1977, p. 744, § 2; Code 1933, § 5A-2907, enacted by Ga. L. 1980, p. 1573, § 1.)

3-4-132. Manner of imposition, payment, and collection of tax.

The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by Code Sections 3-4-130 and 3-4-131 shall be as provided for by each county or municipality electing to exercise powers conferred by Code Sections 3-4-130 and 3-4-131.

(Ga. L. 1977, p. 744, § 3; Code 1933, § 5A-2908, enacted by Ga. L. 1980, p. 1573, § 1.)

3-4-133. Allowance and reimbursement to dealers collecting tax of percentage of tax due.

Dealers collecting the tax authorized by Code Sections 3-4-130 and 3-4-131 shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under Chapter 8 of Title 48.

(Ga. L. 1977, p. 744, § 4; Code 1933, § 5A-2909, enacted by Ga. L. 1980, p. 1573, § 1.)

3-4-150. Short title.

This article shall be known and may be cited as the "Georgia Distilled Spirits Distribution Act."

(Code 1981, § 3-6-150, enacted by Ga. L. 1984, p. 375, § 1; Code 1981, § 3-4-150 , as redesignated by Ga. L. 1985, p. 149, § 3.)

3-4-151. Purposes and policies.

This article is promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution specifically for the following purposes and policies:

1. To prevent unfair business practices, discrimination, and undue control of one segment of the distilled spirits industry by any other segment;
2. To foster vigorous and healthy competition in the distilled spirits industry;
3. To promote and keep alive a sound and stable system of distribution of distilled spirits to the public;
4. To protect public revenues by facilitating the collection and accountability of state and local excise taxes; and
5. To promote the public health, safety, and welfare of the people of the State of Georgia. (Code 1981, § 3-6-151, enacted by Ga. L. 1984, p. 375, § 1; Code 1981, § 3-4-151 , as redesignated by Ga. L. 1985, p. 149, § 3.)

3-4-152. Submission of labels; designation of sales territories and exclusive wholesale distributors; approval by commissioner.

1. Every manufacturer or shipper shipping distilled spirits for the first time into the state shall:
   1. Submit to the commissioner one label for each brand of distilled spirits to be shipped for the first time by the manufacturer or shipper into this state;
   2. Designate in the application for registration the sales territories for each of its brands sold in this state; and
   3. Name one licensed wholesaler in each territory who shall be the exclusive distributor of the brand within the territory.
2. Designations of wholesalers and wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed or initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes. (Code 1981, § 3-6-152, enacted by Ga. L. 1984, p. 375, § 1; Code 1981, § 3-4-152 , as redesignated by Ga. L. 1985, p. 149, § 3.)

3-4-153. Regulations.

The commissioner shall have the authority to adopt such regulations as are consistent with this article.

(Code 1981, § 3-6-153, enacted by Ga. L. 1984, p. 375, § 1; Code 1981, § 3-4-153 , as redesignated by Ga. L. 1985, p. 149, § 3.)

3-4-160. Municipalities in wet counties.

1. 1. Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the manufacture, sale, or distribution of distilled spirits as provided in Article 3 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the manufacture, sale, or distribution of distilled spirits and may exercise the powers contained in this title relating to the manufacture, sale, or distribution of distilled spirits.
   2. In any municipality in which the manufacture, sale, or distribution of distilled spirits is authorized as provided in this Code section, such manufacture, sale, or distribution may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
2. 1. Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the sale of distilled spirits by the drink for consumption only on the premises as provided in Part 1 of Article 5 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the sale of distilled spirits by the drink for consumption only on the premises and may exercise the powers contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.
   2. In any municipality in which the sale of distilled spirits by the drink for consumption only on the premises is authorized as provided in this Code section, such sales may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
3. A municipality shall not be authorized to approve the manufacture, sale, or distribution of distilled spirits as provided in subsection (a) of this Code section or the sale of distilled spirits by the drink for consumption only on the premises as provided in subsection (b) of this Code section unless a majority of the electors voting in the county-wide referendum election who reside in the municipality voted in favor of approving the manufacture, sale, or distribution of distilled spirits or in favor of approving the sale of distilled spirits by the drink for consumption only on the premises. (Code 1981, § 3-4-160 , enacted by Ga. L. 1986, p. 1083, § 3; Ga. L. 1987, p. 913, § 1.)

Law reviews. - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

3-4-180. Tastings of distilled spirits; definitions; general provisions; prohibited sales; administration.

Repealed by Ga. L. 2017, p. 406, § 5/SB 85, effective September 1, 2017.

Editor's notes. - This Code section was based on Ga. L. 2012, p. 682, § 1/HB 514; Ga. L. 2015, p. 317, § 6/SB 63.

Ga. L. 2018, p. 1112, § 3(2)/SB 365, part of an Act to revise, modernize, and correct the Code, repealed the reservation of this Code section, effective May 8, 2018.

3-5-1. Definitions.

As used in this chapter, the term:

1. "Barrel" means 31 gallons.
2. "Brewer" means a manufacturer of malt beverages.
3. "Case" means a box or receptacle containing not more than 288 ounces of malt beverages on the average.

   (Code 1933, § 5A-4101, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 406, § 7/SB 85.)

The 2017 amendment, effective September 1, 2017, added paragraph (1); and redesignated former paragraphs (1) and (2) as present paragraphs (2) and (3), respectively.

3-5-2. Determination as to when possession occurs.

For purposes of this chapter, with respect to malt beverages manufactured within this state, possession occurs when the product is first identifiable as a malt beverage, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to malt beverages shipped from outside this state to a destination within this state, possession in the consignee occurs when the malt beverage first physically enters the state or when the risk of loss from destruction or casualty to the malt beverage is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial laws of this state, whichever event occurs first.

(Code 1933, § 5A-4102, enacted by Ga. L. 1980, p. 1573, § 1.)

Cross references. - Placement of risks of loss in absence of breach of contract, § 11-2-509 .

3-5-3. Malt beverages upon which taxes not paid and motor vehicles, watercraft, or aircraft used in transporting same declared contraband.

Malt beverages in quantities exceeding the amount specified in Code Section 3-3-8, upon which the taxes imposed by or authorized pursuant to this chapter have not been paid in this state, are declared to be contraband; and any motor vehicle, watercraft, or aircraft used in transporting such beverages in excess of the amount specified in Code Section 3-3-8 are also declared to be contraband and subject to seizure and disposition as provided by this title.

(Ga. L. 1937, p. 148, § 4; Ga. L. 1971, p. 817, § 1; Ga. L. 1976, p. 476, § 1; Ga. L. 1978, p. 1424, § 1; Code 1933, § 5A-4103, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 40.)

3-5-4. Production of malt beverages in private residences; consumption; transportation and delivery; home-brew special events.

1. 1. Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
   2. The total quantity of malt beverages that may be produced in any private residence shall be as follows:
      1. Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
      2. Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;

         provided, however, that no more than 50 gallons shall be produced in a 90 day period.

2. Except as provided for in subsections (d) and (e) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced. Such malt beverages may only be consumed by persons of legal drinking age.
3. Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:
   1. The name of the producer;
   2. The address of the residence at which it was produced;
   3. The name and address of the home-brew special event to which it is being transported; and
   4. The permit number under which the home-brew special event is being held.

      If transported in a motor vehicle, the securely sealed containers shall be placed 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.

4. Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer to a location not licensed under this title and for which a permit has not been issued pursuant to subsection (e) of this Code section; provided that not more than 128 ounces of such malt beverages produced in the same residence shall be transported at one time; and provided, further, that such malt beverages shall be securely sealed in one or more containers and clearly labeled with the following information:
   1. The name of the producer; and
   2. The address of the residence at which it was produced.

      If transported in a motor vehicle, the securely sealed containers shall be placed 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.

5. 1. Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year.
   2. Home-brew special events shall not be held at any location licensed under this title.
   3. Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events.
6. Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public. (Code 1981, § 3-5-4 , enacted by Ga. L. 1993, p. 537, § 1; Ga. L. 2013, p. 617, § 1/HB 99; Ga. L. 2014, p. 187, § 2/HB 737.)

3-5-5. Retail sale of kegs; required labeling; removal of labels.

1. As used in this Code section, the term:
   1. "Keg" means any brewery-sealed container or barrel containing, by liquid volume, more than two gallons of malt beverage.
   2. "Retail dealer," "retail licensee," or "licensee" means a person holding either a retail dealer license, a permit issued by the commissioner authorizing the sale of alcoholic beverages for consumption only on the premises for a period not to exceed one day, or a beverage alcohol caterer license.
2. No person licensed under this chapter shall sell malt beverages at retail by the keg except as provided in subsections (c), (d), and (e) of this Code section. The commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license of any licensed retail dealer who fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons.
3. Each retail licensee selling kegs containing malt beverages for consumption off licensed premises shall require each keg purchaser to present a Georgia driver's license or other proper identification at the time of purchase. The licensee shall record for each keg sale: the date of sale; the size of keg; the keg identification number; the amount of container deposit; the name; address; date of birth of the purchaser; and the form of identification presented by such purchaser. The purchaser shall sign a statement at the time of purchase attesting to the accuracy of the purchaser's name and address, the location where the contents of the keg will be consumed, and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons under the age of 21 years, may result in civil liability, criminal prosecution, or both. The licensee shall retain the identification form and purchaser's signed statement attesting to the accuracy of the purchaser's name and address and acknowledging that a violation of Code Section 3-3-23, as it relates to furnishing alcoholic beverages to persons under the age of 21 years, may result in civil liability, criminal prosecution, or both, for a minimum of six months following the sale of the keg.
4. Each keg sold at retail for consumption off licensed premises shall be labeled with the name and address of the retail licensee, the keg identification number, and the state alcohol license number of the business. The Department of Revenue will prescribe the form of registration label or tag to be used for this purpose. The registration label or tag shall be supplied by the Department of Revenue without fee and securely affixed to the keg by the licensee making the sale. In addition to the label or tag, the Department of Revenue shall provide guidelines to the licensee on the information to be recorded on the identification form required under subsection (c) of this Code section.
5. The licensee shall record the date of return of the keg on the identification form required under subsection (c) of this Code section. If there is no label or tag affixed to the keg or if the identification number is not legible, the licensee shall indicate this fact on the identification form required under subsection (c) of this Code section. The licensee shall not refund a deposit for a keg that is returned without the required label or tag and identification number intact and legible.
6. The removal of the required label shall be unlawful until such time that it is lawfully returned to the retailer by the purchaser. Possession of a keg without the required label and identification number shall be unlawful and subject to penalty pursuant to Code Section 3-3-9 . (Code 1981, § 3-5-5 , enacted by Ga. L. 2001, p. 1100, § 1; Ga. L. 2002, p. 415, § 3.)

3-5-20. Levy and amount of state occupational license tax; application for license.

1. An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:              (1) Upon each brewer....................................  $ 1,000.00              (2) Upon each wholesale dealer............................    500.00              (3) Upon each importer....................................    500.00              (4) Upon each broker......................................     50.00              (5) Upon each retail dealer..............................      50.00              (6) Upon each brewpub operator...........................   1,000.00              (7) Upon each special event use permit applicant ...........   50.00
2. An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.

   (Ga. L. 1935, p. 73, § 5; Ga. L. 1937, p. 148, § 1; Ga. L. 1937-38, Ex. Sess., p. 173, § 1; Ga. L. 1939, p. 101, § 1; Ga. L. 1949, Ex. Sess., p. 5, § 1; Ga. L. 1951, p. 356, § 1; Ga. L. 1955, Ex. Sess., p. 23, § 1; Code 1933, § 5A-4501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1995, p. 734, § 2; Ga. L. 2012, p. 827, § 5/HB 1066.)

3-5-21. Sale, offer for sale, or possession of bottles or cans not having prescribed identification on crowns or lids; alternate identification for use on certain imported bottles or containers.

1. The commissioner may prescribe by regulation that no person engaged in the business of selling, manufacturing, or distributing malt beverages specified in this chapter in bottles or cans may sell, offer for sale, or possess for the purpose of sale any bottles or cans containing such malt beverages unless the crowns or lids contain the word "Georgia" or its abbreviation, such as "GA."
2. The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state by a licensed importer, manufacturer, or wholesaler for resale.

   (Code 1933, § 5A-4502, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1984, p. 790, § 2.)

3-5-22. Shipment of malt beverages within or into state without license prohibited; requirement as to furnishing of labels of beverages to be shipped into state for first time.

Reserved. Repealed by Ga. L. 1983, p. 1214, § 1, effective July 1, 1983.

Editor's notes. - This section was based on Code 1933, § 5A-4503 enacted by Ga. L. 1980, p. 1573, § 1.

3-5-23. License for manufacture of malt beverages - Grounds and procedure for revocation generally.

1. No license issued by the state or by any other duly authorized licensing authority to any person for the manufacture of malt beverages shall be revoked except for due cause.
2. Due cause for the revocation of a brewer's license shall consist only of violation of the laws regulating the manufacture of malt beverages and of regulations made pursuant to authority lawfully granted for the purpose of regulating the manufacture of malt beverages.

   (Ga. L. 1955, p. 657, § 1; Code 1933, § 5A-4507, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-24. License for manufacture of malt beverages - Rights conferred; separate revocation of licenses for sale of malt beverages for resale within and outside state authorized; effect of revocation on sale within state.

1. A license to manufacture malt beverages shall include the right to sell the product of the brewer for resale within and outside the limits of this state.
2. The right to sell the manufactured product to duly licensed wholesalers for resale within this state may be revoked separately from the right to manufacture and sell the product of such manufacturer for resale outside of this state.
3. The revocation by the state or by any other duly authorized licensing authority of the license to sell for resale within this state shall not in any way interfere with or otherwise affect or impair the license to manufacture and sell the product of the manufacturer for resale beyond the limits of this state.

   (Ga. L. 1955, p. 657, § 2; Code 1933, § 5A-4508, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-24.1. Exception to three tier system; sales at brewer's licensed premises; taxing; regulatory authority; conditions or limitations.

1. A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of malt beverages shall exist to the extent that the license to manufacture malt beverages in this state shall include the right to sell up to 3,000 barrels of malt beverages per year produced at the brewer's licensed premises to individuals who are on such premises for:
   1. Consumption on the premises; and
   2. Consumption off the premises, provided that such sales for consumption off the premises shall not exceed a maximum of 288 ounces of malt beverages per consumer per day.
2. A brewer may sell malt beverages pursuant to subsection (a) of this Code section on all days and at all times that sales of malt beverages by retailers are lawful within the county or municipality in which the licensed premises of the brewer is located, including, but not limited to, Sundays.
3. Any brewer engaging in sales of malt beverages pursuant to subsection (a) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority.
4. 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.
5. Upon a violation by a brewer of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such brewer's license and to modify or amend such conditions or limitations. (Code 1981, § 3-5-24.1 , enacted by Ga. L. 2017, p. 406, § 8/SB 85.)

Effective date. - This Code section became effective September 1, 2017.

3-5-25. License for manufacture of malt beverages - Renewal.

Every unrevoked license authorizing the manufacture of malt beverages, whether issued by the state or by any other duly authorized licensing authority, shall be renewable to the holder of the license as of right upon the payment of fees and taxes lawfully assessed and fixed for the issuance of licenses of that kind and character.

(Ga. L. 1955, p. 657, § 3; Code 1933, § 5A-4509, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-25.1. License for manufacture of malt beverages - Bond required on application for license or renewal.

The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers.

(Code 1933, § 5A-4510, enacted by Ga. L. 1981, p. 1269, § 44.)

3-5-26. Persons to whom malt beverages may be sold by wholesale dealers.

Licensed wholesale dealers may sell malt beverages only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.

(Code 1933, § 5A-4506, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-27. Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband.

Any malt beverage possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title.

(Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4504, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-28. Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers.

All malt beverages sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of malt beverages sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.

(Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4505, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-29. Brewer-wholesaler relations - "Agreement" defined.

As used in Code Sections 3-5-30 through 3-5-34, the term "agreement" shall mean a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration between a brewer and a malt beverage wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage.

(Code 1981, § 3-5-29 , enacted by Ga. L. 1983, p. 1214, § 2; Ga. L. 1984, p. 22, § 3.)

3-5-30. Brewer-wholesaler relations - Purpose; intent; enforcement.

1. Code Sections 3-5-31 through 3-5-34 are promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifically for the following purposes and policies:
   1. To prohibit unfair business practices and to prevent any one segment of the malt beverage industry to gain unfair advantage over the other segments;
   2. To foster vigorous and healthy interbrand competition in the malt beverage industry;
   3. To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia;
   4. To promote the public health, safety, and welfare of the people of the State of Georgia; and
   5. To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local excise taxes.
2. The provisions of Code Sections 3-5-31 through 3-5-34 may not be varied by separate agreement and any such attempt shall be void and unenforceable as being violative of the public policy of this state.
3. The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article. (Code 1981, § 3-5-30 , enacted by Ga. L. 1983, p. 1214, § 2.)

3-5-31. Brewer-wholesaler relations - License requirement for shippers of beer; application.

1. No shipper shall be permitted to ship beer into the state without first obtaining a proper license from the commissioner in the manner provided in this title.
2. In addition to the bond required in Code Section 3-5-25.1 and such other documentation required by the commissioner pursuant to this title, each shipper shall:
   1. Submit with his application one label for each brand of beer to be shipped for the first time by the shipper into the state;
   2. Designate in the application for registration sales territories for each of its brands sold in Georgia; and
   3. Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.
3. Designations of wholesalers or wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes. (Code 1981, § 3-5-31 , enacted by Ga. L. 1983, p. 1214, § 2.)

3-5-32. Brewer-wholesaler relations - Conflicts of interest.

No licensed registered brewer, broker, or importer authorized to do business in this state nor any of his employees or members of such brewer's, broker's, or importer's immediate family shall have, own, or enjoy ownership interest in or partnership arrangement with the business of any wholesaler or retailer licensee. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership agreement.

(Code 1981, § 3-5-32 , enacted by Ga. L. 1983, p. 1214, § 2.)

3-5-33. Brewer-wholesaler relations - Prohibited acts.

No brewer, broker, or importer shall:

1. Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage which has not been ordered or agreed upon by the wholesaler, provided that recommendation, endorsement, exposition, persuasion, or argument shall not be deemed to constitute inducements, coercion, or requirements prohibited by this Code section;
2. Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement limiting the wholesaler's right to sell the product of any other brewer, broker, or importer;
3. Fix or maintain the price at which a wholesaler may resell beer, whether by the terms or requirements imposed on the wholesaler under an agreement or otherwise; or
4. Require or prohibit any change in the management or supervisory employees of a wholesaler unless the current or proposed employees fail to meet essential, reasonable, and nondiscriminatory requirements imposed by an agreement's express terms. (Code 1981, § 3-5-33 , enacted by Ga. L. 1983, p. 1214, § 2.)

3-5-34. Brewer-wholesaler relations - Applicability of Code Sections 3-5-29 through 3-5-33.

Code Sections 3-5-29 through 3-5-33 shall apply to designations in effect on or after July 1, 1983.

(Code 1981, § 3-5-34 , enacted by Ga. L. 1983, p. 1214, § 2.)

3-5-35. Declaration of policy; "brewpubs".

The General Assembly reaffirms the policy of this state of strict enforcement of laws and regulations applicable to the manufacture or sale of beer, including without limitation those establishing the three-tier distribution system with prohibitions against ownership and employment interests between the three tiers but creates a limited exception for the operation of "brewpubs" as such term is defined in Code Section 3-1-2.

(Code 1981, § 3-5-35 , enacted by Ga. L. 1995, p. 734, § 3.)

Administrative Rules and Regulations. - Brewpubs, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-8.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, Code Section 3-5-35 as enacted by Ga. L. 1995, p. 486, § 1, was redesignated as Code Section 3-5-38.

3-5-36. "Brewpub" exception to three-tier distribution system.

A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions:

1. No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licensee shall comply with all other applicable state and local license requirements;
2. A brewpub license authorizes the holder of such license to:
   1. Manufacture on the licensed premises not more than 10,000 barrels of malt beverages in a calendar year solely for retail sale;
   2. Operate an eating establishment that shall be the sole retail outlet for such malt beverages;
   3. Operate an eating establishment that may offer for sale for consumption on the premises any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and
   4. Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such malt beverages to licensed wholesale dealers. Under no circumstances shall such malt beverages be sold by a brewpub licensee to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale;
3. Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises;
4. A brewpub license holder shall not be prohibited from selling wine or malt beverages by the package for consumption off the premises where so permitted by resolution or ordinance of the county or municipality;
5. The commissioner shall not issue a brewpub license if the premises to be licensed is located in a county or municipality in which the sale of alcoholic beverages is prohibited; and
6. A brewpub licensee shall:
   1. Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title;
   2. At the request of the commissioner, provide an irrevocable letter of credit or bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and
   3. Measure malt beverages manufactured on the premises and otherwise comply with applicable rules and regulations respecting excise and enforcement tax determination of such malt beverages as required by this title. (Code 1981, § 3-5-36 , enacted by Ga. L. 1995, p. 734, § 3; Ga. L. 1997, p. 1514, § 1; Ga. L. 2012, p. 680, § 2/HB 472; Ga. L. 2015, p. 317, § 7/SB 63; Ga. L. 2017, p. 406, § 9/SB 85.)

The 2017 amendment, effective September 1, 2017, substituted the present provisions of paragraph (4) for the former provisions, which read: "A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises;".

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, semicolons were substituted for periods at the end of paragraphs (2) through (5) and "and" was added at the end of former paragraph (6) [now paragraph (5).

3-5-37. "Brewpub" exception; rules and regulations.

The Department of Revenue shall be authorized to promulgate and enforce such rules and regulations as it may deem necessary to carry out or make effective the provisions of Code Sections 3-5-35 and 3-5-36.

(Code 1981, § 3-5-37 , enacted by Ga. L. 1995, p. 734, § 3.)

3-5-38. Permits for free tasting of malt beverages during educational and promotional brewery tours; merchandising; fees for tours; selling of beverages; administration.

Repealed by Ga. L. 2017, p. 406, § 10/SB 85, effective September 1, 2017.

Editor's notes. - This Code section was based on Ga. L. 1995, p. 486, § 1; Ga. L. 1997, p. 1514, § 1A; Ga. L. 2015, p. 317, § 8/SB 63.

Ga. L. 2018, p. 1112, § 3(3)/SB 365, part of an Act to revise, modernize, and correct the Code, repealed the reservation of this Code section, effective May 8, 2018.

3-5-40. Requirement by counties or municipalities of licenses for manufacture, distribution, and sale of malt beverages; effect of revocation of license issued by commissioner or by county or municipality upon license issued by other.

1. The businesses of manufacturing, distributing, and selling malt beverages at wholesale or retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality.
2. When any county or municipal license issued pursuant to this Code section is revoked by the governing authority of the county or municipality, any similar malt beverage license issued to the same person by the commissioner pursuant to this chapter shall automatically become invalid.
3. When any state malt beverage license issued pursuant to this chapter is revoked by the commissioner, any similar malt beverage license issued to the same person by any county or municipality shall automatically become invalid.

   (Ga. L. 1935, p. 73, § 15A; Ga. L. 1937, p. 148, § 3; Ga. L. 1973, p. 14, § 1; Code 1933, § 5A-4301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 41.)

Law reviews. - For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), see 1 Ga. St. B. J. 550 (1965).

3-5-41. Requirement and issuance of county licenses generally.

If any business allowed under this chapter is proposed to be carried on within the unincorporated area of a county, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution outside of any incorporated municipality.

(Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 42.)

3-5-42. Requirement and issuance of municipal licenses generally; requirement by county of license for business licensed by municipality.

1. If any business allowed under this chapter is proposed to be carried on within the corporate limits of a municipality, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the municipality, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution.
2. When any of the businesses described in this Code section are licensed by the municipal governing authority, no county license fee shall be required by the county governing authority.

   (Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4302, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-43. Restriction on amount of license fee charged by county or municipality other than that of wholesale dealer's principal place of business.

Where a wholesale dealer is licensed to do business in more than one municipality or county of this state, no municipality or county other than that of the wholesale dealer's principal place of business shall charge a license fee exceeding $100.00.

(Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4304, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 43.)

Cross references. - Exemption of certain salespeople and merchants from municipal taxes and license fees, § 48-5-354 .

3-5-60. Levy and amount of tax.

There is levied and imposed on the first sale, use, or possession within this state of malt beverages the following taxes:

1. Where malt beverages are sold in or from a barrel or bulk container, such malt beverages being commonly known as tap or draft beer, an excise tax of $10.00 on each container sold containing not more than 31 gallons and a proportionate tax at the same rate on all fractional parts of 31 gallons;
2. Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, an excise tax of 4 1/2› per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces; and
3. A tax on all such beverages in excess of 576 ounces or two standard cases of 12 ounce size or the equivalent thereof or one 7.75 gallon keg or barrel of such beverages at the same rates of taxation as imposed in this part for other such beverages and on which the taxes are not otherwise imposed by either paragraph (1) or (2) of this Code section.

   (Ga. L. 1935, p. 73, § 5; Ga. L. 1937, p. 148, § 1; Ga. L. 1937-38, Ex. Sess., p. 173, § 1; Ga. L. 1939, p. 101, § 1; Ga. L. 1949, Ex. Sess., p. 5, § 1; Ga. L. 1951, p. 356, § 1; Ga. L. 1955, Ex. Sess., p. 23, § 1; Ga. L. 1964, p. 60, § 1; Ga. L. 1977, p. 1154, § 1; Code 1933, § 5A-4701, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 45; Ga. L. 1982, p. 3, § 3; Ga. L. 1984, p. 790, § 3.)

3-5-61. Exemptions from tax.

The taxes imposed by paragraphs (1) and (2) of Code Section 3-5-60 are not levied with respect to:

1. Malt beverages sold to persons outside this state for resale or consumption outside this state; or
2. Malt beverages sold to stores or canteens located on United States military reservations.

   (Ga. L. 1935, p. 73, § 5; Ga. L. 1937, p. 148, § 1; Ga. L. 1937-38, Ex. Sess., p. 173, § 1; Ga. L. 1939, p. 101, § 1; Ga. L. 1949, Ex. Sess., p. 5, § 1; Ga. L. 1951, p. 356, § 1; Ga. L. 1955, Ex. Sess., p. 23, § 1; Ga. L. 1964, p. 60, § 1; Ga. L. 1977, p. 1154, § 1; Code 1933, § 5A-4702, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 46.)

3-5-80. Levy and amount of tax.

Municipalities and counties permitting the sale of malt beverages shall impose an excise tax, in addition to the excise taxes levied by the state, as follows:

1. Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons;
2. Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, a tax of 5› per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.

   (Ga. L. 1973, p. 328, § 1; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4731, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 47; Ga. L. 1992, p. 6, § 3.)

3-5-81. Payment of tax by wholesale dealers generally; time of payment; reports by dealers as to quantities of beverages sold.

1. The excise taxes provided for in this part shall be imposed upon and shall be paid by the licensed wholesale dealer in malt beverages; provided, however, that such taxes shall be imposed upon and shall be paid by the licensed brewer for malt beverages served or sold by the brewer directly to the public pursuant to Code Section 3-5-24.1.
2. The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county.
3. Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, sold during the month within each municipality or county. The licensee shall file the report with each municipality or county wherein the beverages are sold by the licensee.
4. The licensee shall remit to the municipality or county on the tenth day of the month following the calendar month in which the sales were made the tax imposed by the municipality or county.

   (Ga. L. 1973, p. 328, § 1; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4732, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 406, § 11/SB 85.)

The 2017 amendment, effective September 1, 2017, added the proviso at the end of subsection (a); deleted "by the wholesale dealer" following "or county" at the end of subsection (b); and substituted "licensee" for "wholesaler" near the beginning of subsection (d).

3-5-82. Requirement of markings on containers.

No decal, stamp, or other marking shall be required on malt beverage containers designating the particular municipality or county in which a sale of malt beverages is made or in which resides a licensed retailer to whom the beverages are delivered.

(Ga. L. 1973, p. 328, § 1; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4733, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-83. Use of excess tax revenues by consolidated governments and certain counties.

1. Any tax revenue realized pursuant to this part by a consolidated government existing on July 1, 1981, which is in excess of the amount levied locally on December 1, 1972, shall be used to construct a convention center or to pay for the operation of a convention center.
2. Any tax revenue realized pursuant to this part by a county having a population of not less than 162,000 nor more than 165,000 according to the United States decennial census of 1970 or any future such census or by any municipality in any such county, which is in excess of the amount levied locally on December 1, 1972, shall be used for the construction of a coliseum or civic center.

   (Ga. L. 1973, p. 328, § 2; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4735, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 48.)

3-5-84. Enforcement of part.

This part shall be enforced by the commissioner or by any municipality or county permitting the sale of malt beverages within its boundaries, especially with regard to collection and payment of the taxes provided for by this part.

(Ga. L. 1973, p. 328, § 1; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4734, enacted by Ga. L. 1980, p. 1573, § 1.)

3-5-90. Malt beverages containing less than one-half of 1 percent alcohol by volume.

Malt beverages which contain less than one-half of 1 percent alcohol by volume shall not be subject to any tax levied under this title or any tax levied pursuant to authority granted by this title.

(Code 1981, § 3-5-90 , enacted by Ga. L. 1987, p. 562, § 1.)

3-6-1. Definitions.

As used in this chapter, the term:

1. "Dessert wine" means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume.
2. "Domestic winery" means any winery, manufacturer, maker, producer, or bottler of wine located within the state.
3. "Foreign winery" means any winery, manufacturer, maker, producer, or bottler of wine located outside the state.
4. "Table wine" means a wine having an alcoholic strength of not more than 14 percent alcohol by volume.
5. "Winery" means a manufacturer of wine.

   (Code 1933, § 5A-5101, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2014, p. 366, § 2/SB 286.)

3-6-2. Determination as to when possession occurs.

For purposes of this chapter, with respect to wines manufactured within this state, possession occurs when the product is first identifiable as wine, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to wines shipped from outside this state to a destination within this state, possession in the consignee occurs when the wine first physically enters the state or when the risk of loss from destruction or casualty to the wine is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial law of this state, whichever event occurs first.

(Code 1933, § 58-803, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5102, enacted by Ga. L. 1980, p. 1573, § 1.)

Cross references. - Placement of risk of loss in absence of breach of contract, § 11-2-509 .

3-6-3. Household production.

1. A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter.
2. For purposes of this Code section, a single individual who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household.

   (Code 1933, § 58-826, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5103, enacted by Ga. L. 1980, p. 1573, § 1.)

3-6-4. Removal of partially consumed bottle of wine from premises.

Notwithstanding any other contrary provision of law, any restaurant which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal and consumed a portion of the bottle of wine which has been purchased on the premises with such meal on the restaurant's premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed 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.

(Code 1981, § 3-6-4 , enacted by Ga. L. 2008, p. 834, § 1/SB 55.)

Cross references. - Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area of motor vehicle, § 40-6-253 .

3-6-20. Levy and amount of state occupational tax; application for license.

1. An annual occupational license tax is imposed upon each winery, manufacturer, broker, importer, wholesaler, and retail dealer of wine in this state, as follows:      (1) Upon each winery and manufacturer ........................  $ 1,000.00      (2) Upon each wholesale dealer .................................    500.00      (3) Upon each importer .........................................    500.00      (4) Upon each broker ...........................................     50.00      (5) Upon each retail dealer ....................................     50.00      (6) Upon each special event use permit applicant ...............     50.00
2. An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.

   (Code 1933, § 58-804, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2012, p. 827, § 6/HB 1066.)

3-6-21. Filing of bonds by applicants for licenses generally; waiver of bond requirement.

1. All applicants for licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond:
   1. Conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and
   2. Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines.

      The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years.

2. The bonds required pursuant to subsection (a) of this Code section shall be in the amount of $5,000.00.
3. All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application.

   (Code 1933, § 58-807, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5502, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 49; Ga. L. 2006, p. 206, § 10/HB 1248.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, a period was added at the end of subsection (b).

3-6-21.1. Licensing of farm wineries to engage in retail and wholesale sales; surety bond; excise taxes.

1. As used in this Code section, the term:
   1. "Farm winery" means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and:
      1. Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or
      2. Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production.

         For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce.

   2. "Georgia farm winery" means a farm winery which is licensed by the commissioner to manufacture wine in Georgia.
   3. "Tasting room" means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.
2. The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in this state for consumption on the premises and in closed packages for consumption off the premises; provided, however, that notwithstanding any other provisions of this title to the contrary, if the licensee is also issued a license pursuant to Code Section 3-4-24, the commissioner shall not authorize more than one tasting room for such Georgia farm winery and shall require that such tasting room shall be located on the licensed premises of the Georgia farm winery; and provided, further, that the Georgia farm winery shall not sell its wine or the wine of any other farm winery in more than one tasting room, and such tasting room shall be located on the licensed premises of the Georgia farm winery. For purposes of this subsection, the term "licensed premises" shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the farm winery.
3. 1. The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the state; provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler and such wholesaler does not accept the farm winery's product within 30 days of such offer.
   2. A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations of the commissioner, to Georgia farm winery licensees and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees.
   3. A Georgia farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 40 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner.
   4. Any wine received in bulk pursuant to paragraph (3) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.
4. The annual license tax for each license issued pursuant to this Code section shall be $50.00.
5. The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries.
6. Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.

   (Code 1933, § 5A-5511, enacted by Ga. L. 1981, p. 1269, § 52; Ga. L. 1982, p. 1111, §§ 1, 3; Ga. L. 1983, p. 1116, § 1; Ga. L. 1984, p. 1142, § 1; Ga. L. 1985, p. 1403, § 1; Ga. L. 2001, p. 1026, § 1; Ga. L. 2008, p. 773, § 1/HB 393; Ga. L. 2009, p. 8, § 3/SB 46; Ga. L. 2014, p. 214, § 2/HB 825; Ga. L. 2017, p. 770, § 1/SB 226.)

The 2017 amendment, effective May 9, 2017, substituted "40 percent" for "20 percent" in the middle of paragraph (c)(3); and substituted "paragraph 3" for "paragraph(3)" near the beginning of paragraph (c)(4).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2017, "paragraph (3)" was substituted for "paragraph 3" in paragraph (c)(4).

3-6-21.2. Sunday sales on farm wineries; off-site sales; sales in "special entertainment districts."

Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee on Sundays from 12:30 P.M. until 12:00 Midnight in a tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit; provided, however, that if such sales of wine on Sundays are lawful at a time earlier than 12:30 P.M. within the county or municipality in which the licensed premises of the Georgia farm winery is located, the Georgia farm winery shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee beginning at such earlier time. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special entertainment districts designated by the local governing authority of the county or municipality, as applicable.

(Code 1981, § 3-6-21.2 , enacted by Ga. L. 1988, p. 222, § 1; Ga. L. 1991, p. 1164, § 1; Ga. L. 1997, p. 1514, § 1B; Ga. L. 2001, p. 1026, § 1; Ga. L. 2018, p. 896, § 2/SB 17.)

The 2018 amendment, effective May 8, 2018, in the first sentence of this Code section, substituted "a tasting" for "the tasting", and added the proviso.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "license" was substituted for "licenses" near the end of the first sentence.

Law reviews. - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 1 (2018).

3-6-21.3. Sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises.

1. As used in this Code section, the term:
   1. "Affiliate" means any person controlling, controlled by, or under common control with a farm winery.
   2. "Farm winery" means a farm winery as defined in Code Section 3-6-21.1 that is located in Georgia.
   3. "Tasting room" has the meaning provided by Code Section 3-6-21.1.
2. 1. Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery.
   2. Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by a farm winery for consumption in its tasting rooms and at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices. (Code 1981, § 3-6-21.3 , enacted by Ga. L. 1997, p. 397, § 1; Ga. L. 2001, p. 1026, § 1; Ga. L. 2008, p. 773, § 2/HB 393.)

3-6-21.4. Routes and signage for the Georgia Wine Highway.

The Department of Community Affairs and the Department of Transportation shall, with due consideration to the farm wineries in Georgia, collaborate to designate appropriate routes and signage for the Georgia Wine Highway.

(Code 1981, § 3-6-21.4 , enacted by Ga. L. 2001, p. 1026, § 1.)

Cross references. - Traffic signs, signals, and markings, T. 40, Ch. 6, A. 2.

3-6-21.5. Production of fortified wine.

A winery may purchase distilled spirits directly from a manufacturer of distilled spirits and blend with wine manufactured by the winery to produce fortified wine. Such distilled spirits shall not be used by the winery for any other purpose or used to create any other type of alcoholic beverage or product.

(Code 1981, § 3-6-21.5 , enacted by Ga. L. 2014, p. 366, § 3/SB 286.)

3-6-22. Requirement of license for shipment of wines into state; contents of application; accompanying documents and labels; approval of wholesalers and wholesalers' territories by commissioner.

1. No shipper shall be permitted to ship wines into this state without first obtaining a proper license from the commissioner in the manner provided in this article.
2. In addition to the bond required in Code Section 3-6-21 and such other documentation required by the commissioner pursuant to this title, each shipper shall:
   1. Submit with his application one label for each brand of wine to be shipped for the first time by the shipper into this state;
   2. Designate in the application for registration the sales territories for each of its brands sold in this state; and
   3. Name one licensed wholesaler in each territory who shall be the exclusive distributor of the brand within the territory.
3. Designations of wholesalers and wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed or initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.

   (Code 1933, § 58-809, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5503, enacted by Ga. L. 1980, p. 1573, § 1.)

Law reviews. - For note and comment, "Dude, Where's My Wine? The Potential Effect of Granholm v. Heald on Georgia Direct Wine Shipment Regulations," see 23 Ga. St. U. L. Rev. 631 (2007).

3-6-23. Persons to whom wine may be sold by wholesale dealers.

Except as provided in paragraph (5) of subsection (a) of Code Section 3-2-13, licensed wholesale dealers shall sell wine only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.

(Code 1933, § 58-821, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 50; Ga. L. 1993, p. 91, § 3; Ga. L. 1994, p. 97, § 3.)

3-6-24. Preparation and retention of invoices of sales by wholesale dealers.

Each wholesale dealer, at the time of any sale of wine, shall prepare and keep a copy of a sales invoice containing:

1. The name of the wholesale dealer;
2. The name, address, and license number of the licensed importer, wholesaler, or retailer making the purchase;
3. The quantity and container sizes of wine sold;
4. The date of the sale; and
5. Any other information the commissioner may require.

   (Code 1933, § 58-820, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5506, enacted by Ga. L. 1980, p. 1573, § 1.)

3-6-25. Wine acquired by retail dealers from persons other than licensed wholesale dealers declared contraband.

Except as provided in Code Sections 3-6-21.1 through 3-6-21.3 and Code Section 3-6-21.5, wine possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title.

(Code 1933, § 58-815, enacted by Ga. L. 1980, p. 1316, § 1; Code 1933, § 5A-5504, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2014, p. 366, § 4/SB 286.)

3-6-25.1. Display of advertisement or information regarding prices of wine in visible places; sales below cost prohibited; exceptions authorized.

1. No person holding a retail dealer's license to deal in wine by the package shall display any advertisement of or information regarding the price or prices of any wine in any show window or other place visible from outside the licensee's place of business.
2. No person licensed to sell wine by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such wine. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business.
3. The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception. (Code 1981, § 3-6-25.1 , enacted by Ga. L. 1996, p. 785, § 2.)

Editor's notes. - Ga. L. 1996, p. 785, § 3, not codified by the General Assembly, provides for severability.

3-6-26. Delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers.

All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer, or owned, or leased, and operated by a wholesale dealer's employee, who is designated to deal in the brands of wines sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The wine so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.

(Code 1933, § 58-819, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5505, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1993, p. 83, § 2.)

3-6-26.1. Requirement as to possession of invoices or delivery tickets when transporting wine upon which taxes not paid; seizure as contraband when transported without invoices or delivery tickets.

1. Every person who transports wine, upon which the taxes imposed by this title have not been paid, into or out of or within this state shall have in his actual personal possession invoices or delivery tickets showing the name and address of the seller or consignor, the name and address of the purchaser or consignee, the quantity of wine being transported, and the name and address of the person responsible for payment of the state tax at the ultimate destination.
2. All wines, and the vehicles in which the wines are being transported, which are transported into or out of or within this state without accompanying invoices or delivery tickets are declared to be contraband and shall be seized by the commissioner or his agents. The seizure, disposition, and any claims shall be handled pursuant to Code Section 3-2-35.

   (Code 1933, § 5A-5510, enacted by Ga. L. 1981, p. 1269, § 51.)

3-6-27. Registration of agents, representatives, salesmen, and employees of manufacturers, importers, producers, or brokers.

Every agent, representative, salesman, and employee of each winery, manufacturer, importer, producer, or broker shipping, or causing to be shipped, wines into the state shall register with the commissioner on forms prepared by the commissioner before engaging in the selling, promoting, displaying, or advertising of wine.

(Code 1933, § 58-823, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5508, enacted by Ga. L. 1980, p. 1573, § 1.)

3-6-28. Wine to be in containers specified; standards of fill for wine; exemptions from requirements as to container size.

All wine shipped into this state and all wine manufactured within this state shall be in containers specified in the Standards of Fill for Wine prescribed by the United States Department of the Treasury for wines shipped in interstate commerce. The federal regulations relating to Standards of Fill for Wine are adopted and incorporated by reference in this Code section. Wines manufactured and produced in this state shall be exempt from this Code section, provided the container sizes were in use and exempt from such federal regulations on January 1, 1977.

(Code 1933, § 58-824, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5509, enacted by Ga. L. 1980, p. 1573, § 1.)

Code of Federal Regulations. - As to Standards of Fill for Wine, see 27 CFR § 4.70 et seq.

3-6-29. Content requirements for wines manufactured by domestic and farm wineries; rules and regulations.

Reserved. Repealed by Ga. L. 2008, p. 773, § 3/HB 393, effective July 1, 2008.

Editor's notes. - This Code section was based on Ga. L. 1985, p. 979, § 2; Ga. L. 1986, p. 10, § 3.

3-6-30. Creation of limited exceptions regarding direct shipments.

The General Assembly reaffirms the findings, determinations, and declarations in Code Section 3-3-31 regarding direct shipments of alcoholic beverages, but creates limited exceptions set forth in Code Sections 3-6-31 and 3-6-32 to permit the direct shipment of wine to residents of this state under certain circumstances.

(Code 1981, § 3-6-30 , enacted by Ga. L. 2000, p. 1401, § 2.)

Cross references. - Legislative findings, § 3-3-31 .

Law reviews. - For note on 2000 enactment of O.C.G.A. §§ 3-6-30 to 3-6-32 , see 17 Ga. St. U. L. Rev. 7 (2000). For note and comment, "Dude, Where's My Wine? The Potential Effect of Granholm v. Heald on Georgia Direct Wine Shipment Regulations," see 23 Ga. St. U. L. Rev. 631 (2007).

3-6-31. Special order shipping license requirements and regulations.

1. For purposes of this Code section, the term "winery" means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit.
2. Notwithstanding any other provision of this title to the contrary, any shipper which is also a winery may be authorized to make direct shipments of wine to consumers in this state, without complying with the provisions of Code Section 3-6-22, upon obtaining a special order shipping license from the commissioner pursuant to this Code section.
3. A special order shipping license shall only be issued to a winery upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20.
4. A special order shipping license shall entitle the winery to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that:
   1. The holder of a special order shipping license shall only ship brands of wine for which the holder has submitted labels to the commissioner;
   2. No holder of a special order shipping license shall be permitted to ship in excess of 12 standard cases of wine of one brand or a combination of brands into this state to any one consumer or address per calendar year;
   3. Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23 and shall verify the age of such person placing the order either by the physical examination of an approved government issued form of identification or by utilizing an Internet based age and identification service;
   4. A special order shipping license shall not authorize the shipment of any wine to any premises licensed to sell alcoholic beverages pursuant to this title; and
   5. Every shipment of wine by the holder of a special order shipping license shall be clearly marked "Alcoholic Beverages, Adult Signature Required," and the carrier delivering such shipment shall be responsible for obtaining the signature of an adult who is at least 21 years of age as a condition of delivery.
5. The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such winery shall not be issued any special order shipping license pursuant to this Code section for a period of five years from the date of revocation.
6. The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall:
   1. Agree to collect and to pay applicable Georgia state and local sales tax on each sale shipped to a consumer in Georgia;
   2. Accompany each remittance with such sales tax reports, documentation, and other information as may be required by the commissioner; and
   3. Consent to enforcement of the provisions of this Code section by the department and to the jurisdiction of the courts of Georgia for the collection of such taxes or other moneys owing, including interest and penalties.
7. The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section. (Code 1981, § 3-6-31 , enacted by Ga. L. 2000, p. 1401, § 2; Ga. L. 2008, p. 376, § 1/HB 1061.)

Cross references. - Minimum age for furnishing, purchasing, or possession of alcoholic beverages, § 3-3-23 .

Law reviews. - For note and comment, "Dude, Where's My Wine? The Potential Effect of Granholm v. Heald on Georgia Direct Wine Shipment Regulations," see 23 Ga. St. U. L. Rev. 631 (2007).

3-6-32. Shipment of wine by winery to consumers; circumstances.

1. Notwithstanding any other provision of this title to the contrary, a winery located within this state or outside this state that holds a federal basic wine manufacturing permit, whether licensed under this title or not and without regard to brand or label registrations or designations of wholesalers pursuant to Code Section 3-6-22, shall be permitted to ship wine directly to consumers in this state for personal or household use under the following circumstances:
   1. The consumer must purchase the wine while physically present on the premises of the winery;
   2. The winery must verify that the consumer purchasing the wine is of the age required by Code Section 3-3-23 and is not licensed pursuant to this title; and
   3. No winery shall ship in excess of five cases of any brand or combination of brands to any one consumer or any one address in this state in any calendar year.
2. The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section. (Code 1981, § 3-6-32 , enacted by Ga. L. 2000, p. 1401, § 2.)

Cross references. - Minimum age for furnishing, purchasing, or possession of alcoholic beverages, § 3-3-23 .

Law reviews. - For note and comment, "Dude, Where's My Wine? The Potential Effect of Granholm v. Heald on Georgia Direct Wine Shipment Regulations," see 23 Ga. St. U. L. Rev. 631 (2007).

3-6-40. Requirement by counties or municipalities of licenses for manufacture, distribution, or sale of wine; effect of revocation of license issued by commissioner or by county or municipality upon license issued by other.

1. Except as otherwise provided in this Code section, the businesses of manufacturing, distributing, and selling wine at wholesale or retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality. A farm winery, as defined in Code Section 3-6-21.1, which is qualified and licensed by the state shall need no county or municipal license to manufacture wine or to distribute such wine at wholesale in accordance with this chapter if the farm winery has given to the municipal or county governing authority 60 days' written notice of its intention to commence operations in the county or municipality and the county or municipal governing authority has not within said 60 day period adopted a resolution prohibiting the farm winery from commencing operations in the county or municipality without a local license.
2. When any county or municipal license issued pursuant to this Code section is revoked by the governing authority of such county or municipality, any similar wine license issued to the same person by the commissioner pursuant to this chapter shall automatically become invalid in the county or municipality in which the license was revoked.
3. When any state wine license issued pursuant to this chapter is revoked by the commissioner, any similar wine license issued to the same person by any county or municipality of this state shall automatically become invalid.

   (Code 1933, § 58-811, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1984, p. 1142, § 2.)

3-6-50. Levy and amount of tax.

1. There shall be levied and imposed on the first sale, use, or final delivery within this state of all table wines an excise tax in the amount of 11› per liter and a proportionate tax at the same rate on all fractional parts of a liter.
2. There shall be imposed upon the importation for use, consumption, or final delivery into this state of all table wines an import tax in the amount of 29› per liter and a proportionate tax at the same rate on all fractional parts of a liter.
3. There shall be levied and imposed upon the first sale, use, or final delivery within this state of all dessert wines an excise tax in the amount of 27› per liter and a proportionate tax at the same rate on all fractional parts of a liter.
4. There shall be levied and imposed upon the importation for use, consumption, or final delivery into this state of all dessert wines an import tax in the amount of 40› per liter and a proportionate tax at the same rate on all fractional parts of a liter.

   (Code 1933, § 58-803, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5701, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 53; Ga. L. 1982, p. 1111, §§ 2, 4; Ga. L. 1983, p. 3, § 4; Ga. L. 1985, p. 662, § 2; Ga. L. 1985, p. 665, § 3.)

Editor's notes. - Ga. L. 1985, p. 662, § 2, effective March 31, 1985, also amended this Code section. However, that amendment has been treated as superseded by Ga. L. 1985, p. 665, § 3.

Ga. L. 1985, p. 665, § 1, not codified by the General Assembly, contained legislative findings that the cost of regulating and administering the manufacture, distribution, and sale of alcohol, distilled spirits, table wines, and dessert wines consumed in Georgia is greater for imported alcohol, spirits, and wines than it is for alcohol, spirits, and wines produced within Georgia and that it is in the best interests of the citizens of Georgia that the increased costs be provided for by taxation.

Ga. L. 1985, p. 665, § 4, not codified by the General Assembly, provided that the provisions of the Act shall not be severable and that in the event that any section or portion of any section of the Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall render the entire Act invalid, void, and of no effect and shall specifically revive the provisions affected by the Act as such provisions stood before the enactment of the Act, as amended by laws other than the Act.

3-6-60. Levy and amount of tax generally; rate of tax; manner of imposition, payment, and collection; imposition of tax by both county and municipality located within county.

1. The governing authority of each municipality or county where the sale of wine is permitted by this chapter, at its discretion, may levy an excise tax on the first sale or use of wine by the package, which tax shall not exceed 22› per liter and a proportionate tax at the same rate on all fractional parts of a liter.
2. The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by subsection (a) of this Code section shall be as provided for by each county or municipality electing to exercise the power conferred by subsection (a) of this Code section.
3. No county excise tax shall be imposed, levied, or collected in any portion of a county in which a municipality within the county is imposing the same tax on wine sold by the package.

   (Code 1933, § 5A-5731, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 54.)

3-6-70. Exemptions from tax.

The taxes imposed by this article shall not be levied with respect to:

1. Wine sold to and used by established and recognized churches and synagogues for use in sacramental services only;
2. Any sale of wine which is exempt from taxation by the state under the Constitution of the United States; or
3. Wine sold to persons outside this state for resale or consumption outside this state.

   (Code 1933, § 58-803, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5761, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 1116, § 2.)

3-6-71. Wines containing less than one-half of 1 percent alcohol by volume.

Wines which contain less than one-half of 1 percent alcohol by volume shall not be subject to any tax levied under this title or any tax levied pursuant to authority granted by this title.

(Code 1981, § 3-6-71 , enacted by Ga. L. 1987, p. 562, § 2.)

3-7-1. Definitions.

As used in this chapter, the term:

1. "Bona fide private club" means any nonprofit association organized under the laws of this state which:
   1. Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter;
   2. Has at least 75 regular dues-paying members;
   3. Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space:
      1. Has suitable kitchen and dining room space and equipment; and
      2. Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and
   4. Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary.
2. "Fixed salary" means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include any commission on any profits from the sale of alcoholic beverages. For the purposes of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered profits from the sale of alcoholic beverages.

   (Ga. L. 1978, p. 1155, § 2; Code 1933, § 5A-6101, enacted by Ga. L. 1980, p. 1573, § 1.)

3-7-2. Applicability of chapter to private clubs.

Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits or other alcoholic beverages by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell those same distilled spirits and other alcoholic beverages by the drink at any time on Sundays.

(Code 1981, § 3-7-2 , enacted by Ga. L. 1996, p. 830, § 1A; Ga. L. 1999, p. 1225, § 2.)

Cross references. - Service of alcohol at technical institute, § 3-8-6 .

3-7-20. Issuance of alcoholic beverage licenses to private clubs by commissioner generally; promulgation of rules and regulations generally; privileges conferred by licenses.

The commissioner may issue alcoholic beverage licenses to bona fide private clubs in any county or municipality within the state and may promulgate such regulations as he deems necessary for the proper enforcement of this chapter after the approval of such authority by an election held pursuant to Code Section 3-7-41 or 3-7-42. These licenses shall authorize the sale of distilled spirits by the drink for consumption only on the premises where sold.

(Ga. L. 1978, p. 1155, § 1; Code 1933, § 5A-6102, enacted by Ga. L. 1980, p. 1573, § 1.)

3-7-21. License fees; prelicense investigation fee.

The license fees for a club shall be the same fees as provided in subsection (a) of Code Section 3-4-111.1 for the sale of distilled spirits in licensed public places of business; and, in addition, a prelicense investigation fee of $100.00 shall be required.

(Ga. L. 1978, p. 1155, § 3; Code 1933, § 5A-6103, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 55.)

3-7-22. Promulgation of rules and regulations as to sale, possession, and use of alcoholic beverages in private clubs.

The commissioner may promulgate such reasonable regulations as are necessary and appropriate to regulate the sale, possession, and use of alcoholic beverages in private clubs.

(Ga. L. 1978, p. 1155, § 5; Code 1933, § 5A-6106, enacted by Ga. L. 1980, p. 1573, § 1.)

3-7-40. Authority of counties or municipalities to regulate and license private clubs generally.

1. Nothing contained in this chapter shall be so construed as to limit the licensing and regulatory authority of any municipality or county in which the sale of alcoholic beverages is lawful.
2. Each municipality and county may license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of the municipality or county.

   (Ga. L. 1978, p. 1155, § 5; Code 1933, § 5A-6107, enacted by Ga. L. 1980, p. 1573, § 1.)

3-7-41. Calling of special elections upon direction of governing authorities; notice; rules and regulations; timing; ballots; frequency; approval of licenses.

1. The governing authority of any county or municipality at its discretion may direct its election superintendent to issue the call for an election to determine if the sale of distilled spirits by private clubs, as provided in this chapter, shall be allowed. Upon such direction, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality, once a week for two weeks preceding the election.
2. 1. A county election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21, and may be held at the time of holding any other primary or election in the county.
   2. A municipal election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21 and may be held at the time of holding any other primary or election in the municipality.
3. The returns of the election held pursuant to this Code section shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns.
4. The ballot in the election shall have written or printed thereon:

   Those desiring to vote in favor of the sales shall vote "Yes." Those desiring to vote against the sales shall vote "No." If at the election a majority of the votes cast are in favor of the sales in private clubs, the sales shall be permitted in accordance with this article. If at the election a majority of the votes cast are against the sales, they shall be prohibited in the political subdivision, except as otherwise provided in this article.

5. No election under this Code section shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
6. The local governing authority must approve any license within its jurisdiction before issuance of the license.

   (Ga. L. 1978, p. 1155, § 6; Code 1933, § 5A-6108, enacted by Ga. L. 1980, p. 1573, § 1.)

"[ ] YES Shall alcoholic beverages by the drink, for [ ] NO consumption on the premises only, be allowed in private clubs?"

3-7-42. Calling of special elections upon presentation of petitions by voters; rules and regulations; frequency; procedure for calling and conduct of elections for purpose of nullifying previous election results; approval of licenses.

1. Upon the presentation of a petition to the election superintendent of a county or municipality, which petition must be signed by at least 25 percent of the registered voters of such county or municipality who were qualified to vote at the general election immediately preceding the presentation of the petition, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality once a week for two weeks preceding the election. The purpose of the election provided for in this Code section shall be to determine if the sale of distilled spirits in private clubs, as provided by this chapter, shall be allowed.
2. Each election held pursuant to this Code section shall be held according to the same rules and regulations and subject to the same procedures provided for elections held pursuant to Code Section 3-7-41.
3. No election under this Code section shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
4. In any county or municipality which has at any time held an election in accordance with this Code section resulting in approval of the sale of distilled spirits in private clubs, the election superintendent of the county or municipality, upon a petition signed by at least 25 percent of the registered, qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as provided in Code Section 3-7-41 for the purpose of nullifying the result of the previous election. No election under this subsection shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
5. The local governing authority must approve any license within its jurisdiction before issuance of the license.

   (Ga. L. 1978, p. 1155, § 6; Code 1933, § 5A-6109, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 57.)

3-7-43. Issuance of alcoholic beverage licenses to private clubs by governing authorities of certain counties and municipalities; privileges conferred by licenses; rules and regulations; sale by wholesalers to licensees.

1. As used in this Code section, the term "bona fide private club" shall be defined as provided in Code Section 3-7-1.
2. The governing authority of each county having a population of not less than 36,800 nor more than 36,990 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs.
3. The licenses provided for in this Code section shall authorize the sale of alcoholic beverages by the drink for consumption only on the premises where sold.
4. Every such governing authority may adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of such licenses and may promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Code section, including, but not limited to, the regulation of the hours when alcoholic beverages may be served, the types of employees, and other matters which may fall within the police powers of such counties and municipalities.
5. Those persons who are duly licensed as wholesalers under this title shall be authorized to sell alcoholic beverages at wholesale prices to any person or persons licensed as provided in this Code section. Any person licensed under this Code section may purchase alcoholic beverages from a licensed wholesaler at wholesale prices.

   (Code 1933, § 5A-6121, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 511, §§ 1, 2; Ga. L. 1983, p. 3, § 4; Ga. L. 1984, p. 22, § 3.)

3-7-60. Levy and amount of tax on sale of distilled spirits; persons required to pay tax; collection of tax.

1. When any license is issued by the commissioner as provided in this chapter for the sale of distilled spirits within the corporate limits of any municipality, the municipality shall impose an excise tax, in addition to the excise taxes levied by the state, in the sum of 22› per liter on distilled spirits.
2. In the event a license is issued as provided in this chapter for sales in the unincorporated areas of any county, the county shall impose an excise tax in the same amount as provided in subsection (a) of this Code section.
3. Local excise taxes provided for in this Code section shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits.
4. The taxes provided for in this Code section shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction.

   (Ga. L. 1978, p. 1155, § 4; Code 1933, § 5A-6104, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 56; Ga. L. 1982, p. 3, § 3.)

3-7-61. Imposition of tax on sale of mixed drinks.

An excise tax of not more than 3 percent may be imposed by municipalities or counties on the sale of mixed drinks where the sales by a private club are lawful.

(Ga. L. 1978, p. 1155, § 4; Code 1933, § 5A-6105, enacted by Ga. L. 1980, p. 1573, § 1.)

3-8-1. Regulation and taxation of sale, storage, and distribution of alcoholic beverages at airports owned or operated by counties or municipalities.

1. The issuance of licenses for the package sale, sale by the drink, storage, and distribution of alcoholic beverages within the boundaries of any airport owned or operated, or both, by a county or municipality may be approved by a proper resolution or ordinance of the county or municipal governing authority owning or operating the airport. A license for such sales, storage, and distribution of distilled spirits may be issued only by the governing authority of a municipality or county in which the sale of alcoholic beverages is lawful.
2. This Code section shall apply regardless of the location of the airport.
3. For the purposes of regulating the sale, storage, and distribution of alcoholic beverages, but not for the purposes of taxation, the airport boundaries of an airport owned or operated, or both, by a county or municipality shall be treated:
   1. If the airport is owned or operated, or both, by a county, as though the airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the airport; or
   2. If the airport is owned or operated, or both, by a municipality, as though the airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies.
4. No county or municipality may control, license, regulate, or exercise police powers over the sale, storage, or distribution of alcoholic beverages within the boundaries of an airport owned or operated, or both, by another municipality or county which has lawfully approved the sale in any fashion or storage of any alcoholic beverages within all or part of the municipality or county.
5. The county or municipality authorized by law to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at the airport may impose and collect such taxes, unaffected by this Code section; and the county or municipality owning or operating, or both, the airport shall not impose or collect such taxes. The proceeds of the taxes which the county and the municipality are authorized by law to impose and collect on the sale, storage, and distribution of alcoholic beverages at the airport shall be equally divided between the county and the municipality.
6. The county or municipality which issues the license pursuant to subsection (a) of this Code section may impose, collect, and receive licensing fees generally paid in connection with the licensing of the sale, storage, and distribution of alcoholic beverages; and any county or municipality that would, apart from this Code section, otherwise license or regulate, or both, the sale, storage, and distribution of alcoholic beverages at the airport shall not impose or receive any such licensing fees unless it is the county or municipality issuing the license.

   (Ga. L. 1968, p. 1441, § 1; Ga. L. 1968, p. 1443, § 1; Code 1933, § 58-828, enacted by Ga. L. 1977, p. 1316, § 1; Ga. L. 1980, p. 501, § 1; Code 1933, § 5A-6501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 759, § 1.)

Cross references. - Construction and regulation of airports generally, T. 6, C. 3.

3-8-2. Sale of malt beverages, wine, and distilled spirits at public golf courses operated by counties or municipalities.

The Department of Natural Resources or any county or municipality operating a public golf course and offering food or drink for retail sale as an incident to the operation of the golf course may sell at retail malt beverages, wine, and distilled spirits by the drink as an incident to the operation of the golf course upon obtaining a retail consumption license.

(Ga. L. 1974, p. 587, § 1; Code 1933, § 5A-6502, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2011, p. 558, § 0.5/SB 121.)

3-8-3. Sale of alcoholic beverages at coliseums.

1. As used in this Code section, the term:
   1. "Coliseum" means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of a coliseum authority, together with related buildings, facilities, and extensions of the project.
   2. "Coliseum authority" means any public coliseum authority created by law in any county having a population of more than 140,000 according to the United States decennial census of 1990 or any future such census.
2. Any coliseum authority operating a coliseum may sell or authorize others to sell, upon obtaining a license from the department, alcoholic beverages for consumption on the premises only upon property owned or controlled by the authority, including but not limited to the coliseum.  The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted.
3. For the purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a coliseum shall be considered to be within a municipality if the coliseum, or the greater part of the coliseum, is within the limits of the municipality. A coliseum shall be considered to be within an unincorporated area of a county if the coliseum, or the greater part of the coliseum, is located within an unincorporated area of the county.

   (Code 1933, § 5A-6503, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 1463, §§ 5, 12; Ga. L. 1983, p. 3, § 4; Ga. L. 1992, p. 2929, § 3; Ga. L. 1993, p. 325, § 1.)

3-8-4. Sale of alcohol by continuing education centers.

1. As used in this Code section, the term "continuing education center" means any facility offering adult education which is operated by a unit of the University System of Georgia and which has housing facilities capable of accommodating 200 people and banquet facilities capable of serving 400 people.
2. Notwithstanding the provisions of subsection (a) of Code Section 3-3-21, a continuing education center may sell alcoholic beverages as an incident to its operation. Such sales may be made during all hours during which sales are lawful in the state.
3. For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a continuing education center shall be considered to be within a municipality if the center, or a greater part of the center, is within the limits of the municipality. A continuing education center shall be considered to be within the unincorporated area of a county if the center, or a greater part of the center, is located within the unincorporated area of the county. (Code 1981, § 3-8-4 , enacted by Ga. L. 1997, p. 977, § 1.)

3-8-5. Sale of alcoholic beverages at coliseums during professional sports events.

Reserved. Repealed by Ga. L. 1997, p. 977, § 1, effective January 1, 2000.

Editor's notes. - This Code Section was based on Code 1981, § 3-8-5 , enacted by Ga. L. 1997, p. 977, § 1; Ga. L. 1998, p. 128, § 3.

Ga. L. 2013, p. 141, § 3/HB 79, reserved the designation of this Code section, effective April 24, 2013.

3-8-6. Technical institutes; service of alcoholic beverages; regulation and tax.

1. As used in this Code section, the term "technical institute" means any facility which is operated by a unit of the Technical College System of Georgia and which has a business conference center capable of accommodating 200 people or more incident to its operation.
2. Notwithstanding the provisions of Code Sections 3-3-21 and 3-3-21.1, a technical institute may serve alcoholic beverages incident to its operation of a business conference center.
3. For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a technical institute shall be considered to be within a municipality if the institute, or a greater part of the institute, is within the limits of the municipality. A technical institute shall be considered to be within the unincorporated area of a county if the institute, or a greater part of the institute, is located within the unincorporated area of the county. (Code 1981, § 3-8-6 , enacted by Ga. L. 1999, p. 1225, § 3; Ga. L. 2008, p. 335, § 3/SB 435.)

3-9-1. Authorization of distribution or sale of distilled spirits by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports.

1. Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, railway passenger carriers, and cruise ships.
2. These passenger carriers and cruise ships shall annually obtain, for a fee of $100.00, an authorization from the commissioner for the distribution or sale of such containers.
3. The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
4. The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title.

   (Code 1933, § 5A-6301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 58; Ga. L. 2000, p. 1416, § 1.)

Cross references. - Airline carriers of passengers, T. 6, C. 2 and T. 6, C. 3.

Carriers of passengers generally, § 46-9-130 et seq.

3-9-2. Authorization of distribution or sale of wine and malt beverages by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports.

1. Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, railway passenger carriers, and cruise ships.
2. The carriers and cruise ships shall annually obtain, for a fee of $50.00 for a wine license and $50.00 for a malt beverage license, an authorization from the commissioner for the distribution or sale of wine and malt beverages in variously sized containers.
3. The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
4. The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title.

   (Ga. L. 1976, p. 508, § 1; Code 1933, § 5A-6302, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 59; Ga. L. 2000, p. 1416, § 2.)

Cross references. - Airline carriers of passengers, T. 6, C. 2 and T. 6, C. 3.

Carriers of passengers generally, § 46-9-130 et seq.

3-9-3. Issuance of permits for sale by nonprofit civic organizations of alcoholic beverages for consumption on the premises or wine at retail for off-premises consumption.

1. Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a permit authorizing the organization to sell alcoholic beverages for consumption on the premises or to sell wine at retail for off-premises consumption, or both, for a period not to exceed three days, subject to any law regulating the time for selling such beverages.
2. No more than six permits may be issued to an organization in any one calendar year pursuant to this Code section.
3. Permits issued pursuant to this Code section shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued.

   (Code 1933, § 5A-6303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2008, p. 4, § 1/HB 1243.)

Administrative Rules and Regulations. - Alcoholic beverage license hearings, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-9.

3-9-4. Issuance of special use temporary permits for wine auctions by nonprofit civic organizations.

1. Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a special use temporary permit authorizing a bona fide nonprofit civic organization to auction wine in sealed containers only for a period not to exceed three days, subject to any law regulating the time for selling wine.
2. No more than six special use temporary permits may be issued to a bona fide nonprofit civic organization in any calendar year.
3. Special use temporary permits issued pursuant to this Code section shall be valid only for the location specified in the permit. No special use temporary permit may be issued unless local licensing authorities have issued to the bona fide nonprofit civic organization a permit or approval for the sale of wine at the location specified in the special use temporary permit. Prior to the commencement of the event described in the special use temporary permit, the bona fide nonprofit civic organization shall furnish to the commissioner a detailed inventory list of the wine to be auctioned including:
   1. The name, address, telephone number, and taxpayer identification number of the person who furnishes the wine for the event; and
   2. The type, brand, label, and quantity of each wine to be sold at auction.
4. Bona fide nonprofit civic organizations which hold a special use temporary permit issued pursuant to this Code section may auction for off-premises consumption wine in sealed containers, which has been donated to the bona fide nonprofit civic organization by a person who does not currently hold a license that has been issued by the department pursuant to this title, wine which has been donated by a Georgia licensed retailer, or wine which has been donated or purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic organization may ship or otherwise transport to the location specified in the special use temporary permit wine donated by a person who does not currently hold a license that has been issued by the department pursuant to this title or wine donated by a Georgia licensed retailer. Georgia excise tax shall be paid to the department on any donated wine. If the bona fide nonprofit civic organization cannot verify, within ten days of the conclusion of the permitted event, that Georgia excise tax for the wine was previously paid to the department, the bona fide nonprofit civic organization shall pay to the department the appropriate excise tax as required by law. (Code 1981, § 3-9-4 , enacted by Ga. L. 2008, p. 4, § 2/HB 1243.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, Code Section 3-9-4, as enacted by Ga. L. 2008, p. 536, § 1, was redesignated as Code Section 3-9-6.

3-9-5. Meaning of the term "bona fide nonprofit civic organization".

As used in this article, the term "bona fide nonprofit civic organization" means an entity which is exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of 26 U.S.C. Section 501.

(Code 1981, § 3-9-5 , enacted by Ga. L. 2008, p. 4, § 2/HB 1243; Ga. L. 2009, p. 8, § 3/SB 46.)

3-9-6. Limousine carrier furnishing alcoholic beverages.

1. Notwithstanding any provision contained in this title or any other law, the commissioner may issue an annual permit authorizing a limousine carrier to sell alcoholic beverages for consumption only in the vehicle supplied by the limousine carrier upon the filing of an application and payment of a fee of $50.00 by such limousine carrier that holds a certificate issued in accordance with Article 3 of Chapter 7 of Title 46. In addition to the permit fee, the limousine carrier shall pay an annual fee of $15.00 for each vehicle to be authorized for the sale of alcoholic beverages. The commissioner shall issue a sticker for each vehicle so authorized.
2. A permit issued in accordance with this Code section shall not authorize the wholesale purchase of alcoholic beverages by a limousine carrier and only authorizes purchase from a retail dealer. A permit issued in accordance with this Code section shall be subject to any law regulating the time for selling such beverages.
3. A permit issued in accordance with this Code section shall not authorize a limousine carrier to purchase or sell an alcoholic beverage in a location where the sale of such alcoholic beverage is unlawful.
4. Limousine carriers holding permits issued in accordance with this Code section shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23 . (Code 1981, § 3-9-6 , enacted by Ga. L. 2008, p. 536, § 1/SB 385.)

Administrative Rules and Regulations. - Limousine, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-12.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, Code Section 3-9-4, as enacted by Ga. L. 2008, p. 536, § 1, was redesignated as Code Section 3-9-6.

3-9-7. Nonprofit distiller license to nonprofit museum; requirements.

1. As used in this Code section, the term "nonprofit museum" means a museum whose mission includes educating the public about the local, state, and national history of the United States and that is owned and operated by a bona fide nonprofit civic organization which holds title to improved real property with a structure listed on the National Register of Historic Places.
2. Notwithstanding any other provision contained in this title or any other law, the commissioner may issue a nonprofit distiller license to a nonprofit museum, regardless of whether or not such nonprofit museum holds an annual license to sell malt beverages, wine, or distilled spirits for consumption on the premises, upon the filing of an application and payment of an annual occupational license tax of $100.00. Such nonprofit distiller license shall entitle the nonprofit museum to produce distilled spirits, provided that:
   1. The nonprofit museum shall not produce more than 800 liters of distilled spirits each calendar year;
   2. The nonprofit museum is located in a county or municipality where the production of distilled spirits is authorized, and the local governing authority of such county or municipality has issued a license to the nonprofit museum pursuant to Code Section 3-3-2 for the production of distilled spirits;
   3. The production of distilled spirits, except as otherwise provided in this Code section, shall be used for educational purposes only;
   4. The distilled spirits produced by the nonprofit museum shall be stored and aged only on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and shall not be removed from such premises except through disposal methods consistent with federal and state law and any applicable rules or regulations promulgated thereunder; and
   5. The distilled spirits produced by the nonprofit museum shall only be used on the premises of the nonprofit museum for which the nonprofit distiller license has been issued and only to provide samples pursuant to subsection (c) of this Code section. Such distilled spirits shall not be sold or offered for sale by the nonprofit museum to any person or entity.
3. The nonprofit distiller license shall authorize the nonprofit museum to provide not more than one-half of one ounce as a complimentary sample of the distilled spirits produced at the nonprofit museum to a guest who has completed an educational tour of the distillery at the nonprofit museum and is of legal drinking age; provided, however, that the nonprofit museum shall not impose a separate charge for the sample and shall not provide, directly or indirectly, more than one sample to a guest in a calendar day. Such sample shall be provided in a designated tasting area on the premises of the nonprofit museum for which the nonprofit distiller license has been issued, and all open bottles shall be visible at all times.
4. No bond shall be required to be filed with the commissioner for the initial application or the annual renewal application of a nonprofit distiller license.
5. The annual license fee to be charged by a county or municipality for a nonprofit distiller license shall not be more than $100.00 for each license. (Code 1981, § 3-9-7 , enacted by Ga. L. 2014, p. 759, § 2/SB 240.)

3-9-10. Definitions.

As used in this article, the term:

1. "Hotel" means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire.
2. "In-room service" means:
   1. The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and
   2. The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is deemed to be final at the time requested except for a credit which may be given to the guest for any unused portion.
3. "Registered guest" means the lessor or tenant of one or more hotel rooms; the lessor, tenant, or owner of a condominium unit located in the same building as one or more hotel rooms; or the lessor, owner, or tenant of a commercial space located in the same building as one or more hotel rooms, provided that the name of such lessor, owner, or tenant appears on a guest registry maintained by the hotel. (Code 1981, § 3-9-10 , enacted by Ga. L. 1986, p. 778, § 1; Ga. L. 1994, p. 553, § 4; Ga. L. 1997, p. 483, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, in subparagraph (2)(B) "beverages" was substituted for "beverage" the first time the former appears.

3-9-11. Licenses for in-room service.

1. Notwithstanding anything contained in this title or any other law, in any county or municipality in which the sale of alcoholic beverages either by the package or by the drink is authorized, the commissioner may authorize any hotel which is licensed to sell alcoholic beverages either by the package or by the drink or any hotel which is licensed to sell alcoholic beverages both by the package and by the drink to provide in-room service.
2. No hotel shall be authorized to provide in-room service until it has been issued a license to do so by the commissioner. A license fee of $100.00 shall be imposed to provide alcoholic beverages by in-room service, except that a license fee of $50.00 shall be imposed to provide only beer or wine by in-room service.
3. The sale of alcoholic beverages by in-room service shall be subject to all restrictions and limitations in this title relative to the sale of alcoholic beverages, except as provided otherwise in this article, and shall be authorized only on such days and only during such hours as the sale of alcoholic beverages is otherwise authorized in the county or municipality.
4. Distilled spirits sold pursuant to this article shall not be sold in packages containing less than 50 milliliters each. (Code 1981, § 3-9-11 , enacted by Ga. L. 1986, p. 778, § 1; Ga. L. 1994, p. 553, § 5.)

3-9-12. Source of beverages sold; taxes.

All alcoholic beverages sold pursuant to this article shall be subject to all state and local taxes imposed on alcoholic beverages and shall be purchased from a licensed wholesaler.

(Code 1981, § 3-9-12 , enacted by Ga. L. 1986, p. 778, § 1.)

3-9-13. In-room service sales in dry areas prohibited.

Nothing in this article shall be construed to authorize the sale of alcoholic beverages through in-room service in any county or municipality in which the sale of alcoholic beverages both by the package and by the drink is prohibited.

(Code 1981, § 3-9-13 , enacted by Ga. L. 1986, p. 778, § 1.)

3-10-1. Scope of chapter.

Except as otherwise provided in Code Section 3-10-11, this chapter shall only be applicable within counties or municipalities in which the sale of distilled spirits is not lawful.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 2; Ga. L. 1972, p. 207, § 1; Code 1933, § 5A-7101, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1986, p. 1605, § 1.)

3-10-2. Sale, exchange, or other possession of distilled spirits.

It is unlawful for any person knowingly and intentionally to sell, offer for sale, keep for sale, barter, exchange, furnish at public places, keep on hand at a place of business, or otherwise possess distilled spirits in any quantity, except as provided in this title.

(Ga. L. 1915, Ex. Sess., p. 77, § 2; Ga. L. 1917, Ex. Sess., p. 7, § 23; Code 1933, § 58-102; Code 1933, § 5A-7102, enacted by Ga. L. 1980, p. 1573, § 1.)

3-10-3. Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution.

The keeping of distilled spirits in any building not exclusively used for a dwelling shall be prima-facie evidence that they are kept for sale or with intent to dispose of same contrary to this chapter.

(Ga. L. 1915, Ex. Sess., p. 77, § 7; Code 1933, § 58-107; Code 1933, § 5A-7109, enacted by Ga. L. 1980, p. 1573, § 1.)

3-10-4. Quantities of distilled spirits which may be lawfully possessed.

It is not unlawful for any person to have and possess, for use and not for sale, in any county or municipality within the state, one standard case of 1.75 liter, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 23B; Ga. L. 1976, p. 1715, §§ 1, 2; Code 1933, § 5A-7105, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 61.)

3-10-5. Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits.

It is unlawful for any person to permit the use of any premises which he owns or controls for the unlawful sale, manufacture, or other unlawful disposition of distilled spirits.

(Ga. L. 1915, Ex. Sess., p. 77, § 5; Code 1933, § 58-105; Code 1933, § 5A-7103, enacted by Ga. L. 1980, p. 1573, § 1.)

3-10-6. Forfeiture of rights of lessee or tenant where unlawful act performed upon premises with lessee's or tenant's knowledge or permission.

The unlawful manufacture, sale, or keeping for sale or disposition of any distilled spirits shall work, at the option of the landlord, a forfeiture of the rights of any lessee or tenant under any lease or contract for rent of the premises where the unlawful act is performed by the lessee or tenant or by any agent, servant, clerk, or employee of the lessee or tenant with the latter's knowledge or permission.

(Ga. L. 1915, Ex. Sess., p. 77, § 6; Code 1933, § 58-106; Code 1933, § 5A-7108, enacted by Ga. L. 1980, p. 1573, § 1.)

Cross references. - Landlord and tenant relationship generally, T. 44, C. 7.

3-10-7. Transportation or shipment of distilled spirits for sale or use in violation of title; exceptions for possession for personal use and transportation through counties or municipalities.

1. It is unlawful for any person knowingly and intentionally to transport, ship, or carry from any point outside this state to any point within this state or from place to place within this state any distilled spirits intended by any person interested in such beverages to be received, possessed, sold, or in any manner used in violation of this title.
2. It is not unlawful for any person to transport, ship, carry, or possess distilled spirits in any county or municipality when the beverages are in the amounts specified by Code Section 3-10-4 and are intended for personal use and not for sale.
3. It is not unlawful for any licensed wholesaler, importer, or common carrier to transport, ship, or carry any distilled spirits through any county or municipality where the destination of the beverages is beyond the respective jurisdictional boundaries of the county or municipality and such destination is within a county or municipality in which the sale of distilled spirits has been authorized. The commissioner may issue a permit to any person to transport, ship, or carry distilled spirits pursuant to this chapter.

   (Ga. L. 1917, Ex. Sess., p. 7, § 1; Code 1933, § 58-201; Ga. L. 1937-38, Ex. Sess., p. 103, §§ 16, 27; Ga. L. 1972, p. 207, §§ 7, 11; Code 1933, § 5A-7104, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 60.)

3-10-8. Common nuisances - Defined; institution of quo warranto proceedings against clubs or associations maintaining nuisances.

1. The following are declared to be common nuisances and may be abated or enjoined as such upon complaint of the Attorney General, or the district attorney of the superior court, or any citizen of the county where the common nuisance is located:
   1. Any place used for the unlawful manufacture, sale, barter, keeping for sale, or other unlawful disposition of distilled spirits;
   2. Any place where distilled spirits are sold, bartered, kept for sale, or otherwise disposed of, for consumption on or near the premises;
   3. Any resort or public eating place where distilled spirits are sold, served, or consumed; and
   4. Any club or other place in which distilled spirits are received or kept for the purpose of sale, barter, use, storage, gift, consumption, or for distribution or division among, or to be furnished to, the membership of any club or association of persons.
2. Any club or association of persons chartered or incorporated under the laws of this state, which club or association violates any provision of this Code section or maintains or keeps any place as described in this Code section shall forfeit its charter. The forfeiture may be declared by proceedings in quo warranto against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed.

   (Ga. L. 1915, Ex. Sess., p. 77, §§ 4, 9; Code 1933, §§ 58-104, 58-109; Code 1933, § 5A-7106, enacted by Ga. L. 1980, p. 1573, § 1.)

Cross references. - Abatement of nuisances generally, T. 41, C. 2.

3-10-9. Common nuisances - Proceedings for abatement of nuisances.

Any common nuisance as defined in Code Section 3-10-8 shall be an unlawful place, and the act of keeping and maintaining any such place shall be deemed a separate offense for each day that it continues. Common nuisances may be abated by writ of injunction issued out of the superior court upon a complaint filed by the Attorney General, or the district attorney of the superior court, or any citizen of the county in which the nuisance exists. The complaint shall be filed in the county in which the nuisance exists.

(Ga. L. 1915, Ex. Sess., p. 77, § 4; Code 1933, § 58-104; Code 1933, § 5A-7107, enacted by Ga. L. 1980, p. 1573, § 1.)

3-10-10. Existence of property rights in distilled spirits or vessels kept or used in violation of chapter; contraband.

No property rights of any kind shall exist in distilled spirits or in the vessels kept or used for the purpose of violating this chapter, or in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law or when kept, stored, or deposited for the purpose of sale or unlawful disposition, furnishing, or distribution. In all such cases the distilled spirits, the vessels and receptacles in which the distilled spirits are contained, and any property kept or used for the purpose of violating this chapter are declared to be contraband and are to be forfeited to the state when seized in accordance with the procedures set forth in Chapter 16 of Title 9.

(Ga. L. 1915, Ex. Sess., p. 77, § 20; Code 1933, § 58-122; Code 1933, § 5A-7112, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2015, p. 693, § 3-1/HB 233.)

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

3-10-11. Contraband apparatus and appliances; existence of property rights therein; summary destruction of contraband; governing procedure for forfeiture of vehicles, boats, and vessels.

1. 1. All apparatus or appliances which are used for the unlawful purpose of distilling or manufacturing any distilled spirits are declared to be contraband.
   2. No person shall have any property right in or to the contraband specified in this subsection.
   3. Whenever apparatus or appliances used or about to be used for the unlawful purpose of manufacturing, using, holding, or containing any distilled spirits are found or discovered by any sheriff, deputy sheriff, or other law enforcement officer of this state, the same shall be summarily destroyed and rendered useless by him or her without any formal order of the court.
2. All vehicles and conveyances of every kind and description in this state and all boats and vessels of every kind and description in any of the waters of this state used in conveying, removing, concealing, or storing any distilled spirits, the transportation, possession, or storing of which is in violation of law, are declared to be contraband and shall be seized by any law enforcement officer. Such contraband shall be subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9, including those counties and municipalities in which the sale of distilled spirits is lawful.

   (Ga. L. 1917, Ex. Sess., p. 7, § 20; Ga. L. 1924, p. 198, § 1; Code 1933, § 58-207; Ga. L. 1946, p. 96, § 1; Ga. L. 1977, p. 632, § 1; Code 1933, § 5A-7113, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 62; Ga. L. 1986, p. 1605, § 2; Ga. L. 1987, p. 3, § 3; Ga. L. 2015, p. 693, § 3-2/HB 233.)

Cross references. - Disposition of property seized, T. 17, C. 5, A. 3.

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

3-10-12. Raw materials or substances, fixtures, implements, or apparatus used or intended for use in unlawful distillation or manufacture of distilled spirits declared contraband; property rights in contraband; governing procedures for seizure and forfeiture.

1. Any raw materials or substances, including, but not limited to, sugar of any grade or type, and any fixture, implement, or apparatus used or intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband.
2. No person shall have any property right in or to any contraband specified in subsection (a) of this Code section.
3. Whenever any item used or about to be used as specified in subsection (a) of this Code section is found or discovered, whether in transit, in storage, or at a site of unlawful distillation or manufacture, by any law enforcement officer, it shall be subject to the following dispositions:
   1. When found or discovered at a site of unlawful distillation or manufacture, it may be summarily destroyed and rendered useless by any law enforcement officer without any formal order of the court or, in the event any of the raw materials or substances are fit for human consumption or if any of the fixtures, implements, or apparatus are of any beneficial use to the educational authorities of the county for use in any of their educational programs, they may be delivered to the public schools of the county in which seized for use in the schools. When any of the foregoing items are delivered to a public school system, the officer delivering the items shall obtain from the appropriate school authorities an itemized receipt detailing all items delivered to the system and report such information as provided in subsection (g) of Code Section 9-16-19. In the event any of the foregoing items are destroyed by a law enforcement officer, the officer shall execute an affidavit of such fact in which all items destroyed shall be listed. The receipts and affidavits shall be maintained by the officer and shall be open to inspection by the public upon request; or
   2. When found or discovered in transit or in storage by any law enforcement officer, the items shall be seized by the officer and forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

      (Ga. L. 1964, p. 722, § 1; Ga. L. 1968, p. 1051, § 1; Code 1933, § 5A-7114, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 63; Ga. L. 2015, p. 693, § 3-3/HB 233.)

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

3-10-13. Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs.

1. Any district attorney in a county may commence prosecution on his own affidavit against any party violating any provision of this chapter. The district attorney, upon receiving information giving him probable cause to believe that there has been a violation of this chapter, shall lay the matter before the grand jury or institute a criminal prosecution against the party by affidavit before a court or judge of competent jurisdiction, if the district attorney is willing and able to make the affidavit for the institution of a criminal prosecution. If he is not willing or able to make the affidavit and any citizen is willing to make an affidavit for the institution of a criminal prosecution against any party for the violation, the district attorney shall superintend the preparation of the papers and the institution of the prosecution, provided the district attorney is of the opinion upon the facts at hand that there is reasonable ground to believe that a conviction ought to be had.
2. Sheriffs are charged with the duty of enforcing this chapter and cooperating with the district attorneys.

   (Ga. L. 1915, Ex. Sess., p. 77, § 18; Code 1933, § 58-120; Code 1933, § 5A-7110, enacted by Ga. L. 1980, p. 1573, § 1.)

3-10-14. Evidence as to color, odor, appearance, and taste of beverage manufactured, sold, or disposed of by defendant; burden of proof when defendant claims beverage not a distilled spirit.

1. In all prosecutions against any persons for manufacturing, selling, offering for sale, keeping, or having or otherwise disposing of distilled spirits, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away, or otherwise disposed of, possessed or possesses the same color, odor, and general appearance or the same taste, color, and general appearance of a distilled spirit.
2. The fact that a beverage in question is of the same color, odor, and general appearance or of the same taste, color, and general appearance as a distilled spirit shall constitute prima-facie evidence that the beverage is a distilled spirit.
3. If the defendant claims the beverage in question is not a distilled spirit even though it possesses the same color, odor, and general appearance or the same taste, color, and general appearance as a distilled spirit, the burden of proof shall be upon the defendant to establish to the reasonable satisfaction of the judge, court, or jury trying the case that the beverage in question is not a distilled spirit and that it is a beverage which is not prohibited by law to be manufactured, sold, offered for sale, or otherwise disposed of.
4. The rule of evidence provided in this Code section shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of this chapter when it becomes necessary to determine whether the beverage is a distilled spirit.

   (Ga. L. 1915, Ex. Sess., p. 77, § 19; Code 1933, § 58-121; Code 1933, § 5A-7111, enacted by Ga. L. 1980, p. 1573, § 1.)

Cross references. - Abatement of nuisances generally, T. 41, C. 2.

3-10-15. Penalty for violations of provisions of chapter.

1. It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter relating to provisions applicable only in dry political subdivisions.
2. Any person who violates any prohibition contained in this chapter shall be guilty of a misdemeanor.

   (Ga. L. 1915, Ex. Sess., p. 77, § 23; Code 1933, § 58-123; Code 1933, § 5A-9903, enacted by Ga. L. 1980, p. 1573, § 1.)

3-11-1. Definitions.

As used in this chapter, the term:

1. "Food caterer" means any person who prepares food for consumption off the premises.
2. "Licensed alcoholic beverage caterer" means any retail dealer who has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Article 2 of Chapter 6 of this title.
3. "Person" means any individual, company, corporation, association, partnership, or other legal entity. (Code 1981, § 3-11-1 , enacted by Ga. L. 1992, p. 1145, § 1.)

3-11-2. Licensed alcoholic beverage caterers eligible for off-premise licenses; application; fee.

1. Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from the same licensing authority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function.
2. Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from the same licensing authority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function.
3. Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from the same licensing authority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function.
4. Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from the same licensing authority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function.
5. An alcoholic beverage caterer shall make application for an off-premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the appropriate local licensing authority and shall pay to the local licensing authority an annual license fee as fixed by the local licensing authority, provided that the total of such local license fees shall not exceed $5,000.00 for any one licensed location. (Code 1981, § 3-11-2 , enacted by Ga. L. 1992, p. 1145, § 1.)

3-11-3. Event permits.

In order to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered function, a licensed alcoholic beverage caterer shall be required to:

1. Apply to the local governing authority of the jurisdiction where the function is to be catered for an event permit.  The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number.  When the catered function is domiciled in a local political subdivision other than that which issues the alcoholic beverage caterer's license, that local governing authority shall be authorized to charge an event permit fee of $50.00 and levy local excise taxes on the total quantity of alcoholic beverages brought into such political subdivision by the caterer;
2. Provide satisfactory reports to the commissioner on forms provided by the department stating the quantity of any and all alcoholic beverages transported from the licensee's primary premises to the location of the authorized catered function and such other information as required by the commissioner; and
3. Maintain original local event permits and documents required by the department in the vehicle transporting the alcoholic beverages to the catered function at all times. (Code 1981, § 3-11-3 , enacted by Ga. L. 1992, p. 1145, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "licensee's" was substituted for "licensees" in paragraph (2).

3-11-4. Violations.

1. It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this chapter.  This subsection shall not affect any other provisions of this title which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business.
2. It shall be unlawful for a licensed alcoholic beverage caterer licensed under this chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit.
3. 1. It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises.
   2. It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell malt beverages or wine in any jurisdiction which does not permit the sale of malt beverages or wine by the drink for consumption only on the premises.
4. It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any hours in which the sale of alcoholic beverages by the drink for consumption only on the premises is not permitted in the jurisdiction.
5. It shall be unlawful for a licensed alcoholic beverage caterer to employ any person under 21 years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages.  It is the intent of this subsection to prevent any person employed by such caterer, or any other employee, to knowingly violate any prohibitions contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.
6. Nothing in this chapter shall be construed to authorize the sale of alcoholic beverages by a caterer in any jurisdiction where the sale of distilled spirits by the drink for consumption only on the premises has not been legalized.
7. Any person violating the provisions of this Code section shall be guilty of a misdemeanor. (Code 1981, § 3-11-4 , enacted by Ga. L. 1992, p. 1145, § 1.)

3-11-5. Rules and regulations.

The commissioner shall be authorized to promulgate rules and regulations to implement and carry out the provisions of this chapter.

(Code 1981, § 3-11-5 , enacted by Ga. L. 1992, p. 1145, § 1.)

3-12-1. "Residential community development district" defined.

As used in this chapter, the term "residential community development district" or "district" means a private residential development that:

1. Is not less than 500 acres of contiguous land area;
2. Is located either within a county where the sale of alcoholic beverages is authorized or within a county that has one or more municipalities where the sale of alcoholic beverages is authorized, but outside the corporate limits of any municipality;
3. Has at least 200 residential sites, platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision;
4. Has streets that were or will be built with private funds and are or will be maintained by private funds of the developers or property owners within the development; and
5. Has a social club with:
   1. An 18 hole golf course of regulation size;
   2. A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons;
   3. A golf or social club membership and has at least 200 paid-up members who have paid a membership fee for family or individual membership;
   4. A membership policy whereby membership is not denied or limited by an applicant's race, color, creed, sex, religion, or national origin; and
   5. A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold. (Code 1981, § 3-12-1 , enacted by Ga. L. 1995, p. 486, § 2.)

3-12-2. Establishment of districts; articles of establishment; contents; filing; fees.

1. The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a community development district with the clerk of the superior court of the county in which the district is to be located or, if located in more than one county, of each of the counties in which the district is located.
2. The articles of establishment of a residential community development district shall contain the following:
   1. The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demonstrating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option;
   2. A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district;
   3. A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, together with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county;
   4. The proposed name of the district and the location and the mailing address of the principal office of the district; and
   5. A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected members; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the petition. Each landowner within the district shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected. A landowner whose parcel of land measures less than one acre shall be entitled to one vote with respect thereto. The selected number of candidates receiving the highest number of votes shall be elected to the board of control for a period of one year, or until his or her successor is duly elected and qualified.
3. The articles of establishment and two copies thereof shall be delivered to the clerk of the superior court who shall, upon the payment of the fees prescribed in this Code section:
   1. Endorse on the articles and on each of such copies the word "Filed" and the hour, day, month, and year of the filing thereof;
   2. File the articles in his or her office and certify the two copies thereof; and
   3. Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district.
4. Upon the filing of the articles of establishment of the community development district with the clerk of the superior court, the district's existence shall begin.
5. In lieu of all other charges and fees, the clerk of the superior court shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establishment not to exceed $100.00 for the county and $35.00 for the clerk of the superior court. (Code 1981, § 3-12-2 , enacted by Ga. L. 1995, p. 486, § 2.)

3-12-3. Licenses for sale of alcoholic beverages; adoption of resolution or ordinance; election; state license required; restrictions.

1. As used in this Code section, the term:
   1. "Member" means any person whose membership application has been approved by the social club, which membership shall not become effective for purposes of purchasing alcoholic beverages less than five days following both approval and payment of the membership initiation fee.
   2. "On-premises consumption" means consumption on the property of the social club including the club house, golf course, and other outside recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account or to a major credit card. There shall be no cash sales of alcoholic beverages.
2. 1. Upon the establishment of a residential community development district as provided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community development district. Each such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection.
   2. No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the qualified electors of the voting precinct wherein the residential community development district is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect.
   3. The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

      Those persons desiring to vote in favor of issuance of the licenses shall vote "Yes" and those persons opposed to issuance of the licenses shall vote "No." If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately following the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held.

3. 1. Upon being licensed by the county governing authority, a residential community development district shall then apply to the commissioner for the appropriate state license and shall be subject to all state licensing requirements.
   2. Upon being licensed by the county governing authority and the commissioner, alcoholic beverages may be sold by the social club of the district to members and their guests for on-premises consumption only.
   3. The social club shall be licensed to sell alcoholic beverages to its members and their guests pursuant to such regulations as the county governing authority may deem necessary for the proper enforcement of this chapter.
   4. The original application for licensure by the county governing authority shall be accompanied by a certificate from the board of control of the district in which the social club is located consenting to and approving the sale of alcoholic beverages at the club. (Code 1981, § 3-12-3 , enacted by Ga. L. 1995, p. 486, § 2.)

"[ ] YES Shall the issuance of licenses to sell distilled spirits by the drink to certain [ ] NO residential community development districts be approved?"

3-13-1. Definitions.

As used in this chapter, the term:

1. "Alcoholic beverages for consumption on premises" shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only.
2. "Licensee" shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer license is issued.
3. "Regional Economic Assistance Project" or "REAP" shall have the same meaning as in Code Section 50-8-190 and shall specifically include any certified project or facility located in a REAP. (Code 1981, § 3-13-1 , enacted by Ga. L. 2008, p. 363, § 1/HB 1280.)

3-13-2. State license requirements to sell alcoholic beverages.

1. A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages.
2. Prior to the issuance of a state license, the applicant shall obtain a license for the sale of alcoholic beverages from the local governing authority of any county or municipal corporation in which the REAP of developer, owner, or operator to be issued a state license is wholly or partially located; provided, however, that if said local governing authority is not authorized by ordinance or resolution to issue licenses for the sale of alcoholic beverages for consumption on premises, then no local license shall be required. If the local governing authority authorizes the issuance of licenses for the sale of alcoholic beverages for consumption on premises by resolution or ordinance after a state license has been issued or renewed, the licensee shall have 60 days after such an ordinance or resolution is passed to obtain the local license. If the applicant or licensee fails to obtain such local license, the applicant shall be denied a state license or the state license shall be subject to suspension or revocation by the commissioner.
3. A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, regardless of what local ordinance or regulations may be in effect in any jurisdiction in which the REAP is wholly or partially located. The sale of alcoholic beverages for consumption on premises by a licensee on days and at times authorized by subsection (a) of this Code section which differ from those days and times permitted under a licensee's local license shall not constitute lawful grounds for the denial, revocation, suspension, or nonrenewal of said local license by the local governing authority.
4. A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises anywhere within the REAP. (Code 1981, § 3-13-2 , enacted by Ga. L. 2008, p. 363, § 1/HB 1280.)

3-13-3. Local taxation of alcoholic beverage sales.

A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law.

(Code 1981, § 3-13-3 , enacted by Ga. L. 2008, p. 363, § 1/HB 1280.)

3-13-4. Powers, duties, and authority of commissioner.

The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter.

(Code 1981, § 3-13-4 , enacted by Ga. L. 2008, p. 363, § 1/HB 1280.)

3-14-1. Authority and requirements for special event use permits.

The commissioner may issue a special event use permit for the sale of alcoholic beverages for certain events which would otherwise require a retailer or retail dealers license. The commissioner shall specify by rule or regulation the events that shall qualify for a special event use permit; provided, however, that estate sales, the sale of inventory authorized under a bankruptcy proceeding, and activities that are similar in nature shall so qualify. Such permit shall not be valid for more than ten days.

(Code 1981, § 3-14-1 , enacted by Ga. L. 2012, p. 827, § 7/HB 1066.)